Digital Expressions is a website and online diary service operated by the Digital Expressions team (we). We welcome anyone to use our services. At this time, the service is completely free, and we expect that the service will remain free forever.
As a diarist on Digital Expressions, it is your responsibility to be mindful of what content is permitted by these terms of service. We do not permit content that: infringes on property rights such as a copyright, patent, or trademark; infringes on intellectual property rights; may cause harm to a computer or other device such as a mobile phone or tablet (such as code, scripts, viruses or malware); is commercial (such as advertisements, spam, or links to commercial websites); is machine generated or randomly generated; is pornographic; is threatening, hateful, or harassing; does not violate the privacy or publicity of any third party; does not cause a member of Digital Expressions resentment, displeasure, anger, or emotional lability; is illegal in any jurisdiction of the United States or the country in which you reside.
It is your responsibility to understand and abide by these terms of service.
The Digital Expressions team works hard to keep the website free of spam, viruses, malware, hate, and illegal content. We cannot promise or guarantee that you won't find such content on Digital Expressions, but if you do, we kindly ask that you please report it by contacting us.
Terms of Service
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services.
The Website is available only to individuals who are at least 13 years old.
Your digitalexpressions.nu Account and Diary. If you create a diary or account on the Website, or register or signup on the Website, you are responsible for maintaining the security of your account and diary, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the diary. If you are aware of any unauthorized uses of your diary, you must immediately lock your diary and notify the Team. The Team will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors. If you operate a diary, comment on a diary, post a photograph, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, a video file, or computer software. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
your diary is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
your diary or entries are not named or titled in a manner that misleads your readers into thinking that you are another person or company. For example, your diary's name is not the name of a person other than yourself or company other than your own; and
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by the Team or otherwise.
By submitting Content to the Website or the Team for inclusion in your diary or your Website, you grant the Team a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your diary. If you delete Content, the Team will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, the Team has the right (though not the obligation) to, in the Team's sole discretion (i) refuse or remove any content that, in the Team's reasonable opinion, violates any Digital Expressions policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in the Team's sole discretion.
Responsibility of Website Visitors. The Team has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material.s content, use or effects. By operating the Website, the Team does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. The Team disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which digitalexpressions.nu links, and that link to digitalexpressions.nu. The Team does not have any control over those non-Digital Expressions websites and webpages, and is not responsible for their contents or their use. By linking to a non-Digital Expressions website or webpage, Digital Expressions does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Digital Expressions disclaims any responsibility for any harm resulting from your use of non-Digital Expressions websites and webpages.
Copyright Infringement and DMCA Policy. As Digital Expressions asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by digitalexpressions.nu violates your copyright, you are encouraged to notify the Team by e-mailing us. The Team will make a good faith effort to respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. The Team will terminate a visitor.s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Digital Expressions or others.
Advertisements. We reserve the right to display advertisements on digitalexpressions.nu, on your diary, diary entries, and comments.
Changes. We reserve the right, at our sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination. We may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your digitalexpressions.nu account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The Website is provided .as is.. The Team and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither the Team nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability. In no event will the Team or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data.
Indemnification. You agree to indemnify and hold harmless the Team, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys. fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between the Team and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of the Team or by the posting of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties. original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; the Team may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.