Welcome to the Digital Essays (owned and operated by Digital Essays, Inc. (hereinafter "Digital Essays")) content management platform -- consisting of web sites, services, software applications and networks -- that allows for the authorized upload, download, purchase, sale, sharing and distribution of written digital content over the internet (the "Digital Essays Platform"). Terms for "Digital Essays" and the "Digital Essays Platform" apply to any site or mobile application owned and operated by Digital Essays, including Digital Essays and the Digital Essays mobile applications.
The Digital Essays Platform is not available to persons under the age of majority in their jurisdiction or to any users previously suspended or removed from the Digital Essays Platform by Digital Essays. If you are using or opening an account on the Digital Essays Platform on behalf of a company, entity, or organization (collectively "Subscribing Organization"), then you represent and warrant that you are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and agree to be bound by these Terms on behalf of such Subscribing Organization. BY USING THE DIGITAL ESSAYS PLATFORM, YOU REPRESENT THAT you meet the eligibility requirements in this Section. In any case, you affirm that you are at least 13 years old, as the DIGITAL ESSAYS Platform is not intended for children under 13.
2. Privacy; Additional Terms.
3. Individual Features and Services.
When using the Digital Essays Platform, You will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into these Terms.
4. Modification of these Terms.
Digital Essays reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any Guidelines periodically for changes. Your continued use of the Digital Essays Platform after the posting of changes constitutes Your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective ten days after they are initially posted on the Digital Essays Platform. We will always make a reasonable effort to notify You if we do change these Terms.
5. Digital Millennium Copyright Act.
Please note that since we respect authors' and content holders' rights, it is Digital Essays's policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (the "DMCA"). For more information, please go to Digital Essays's DMCA Notification Guidelines. Please note that Digital Essays will promptly terminate without notice any User's access to the Digital Essays Platform if that User is determined by Digital Essays to be a "repeat infringer". A repeat infringer is a User who has been notified by Digital Essays of infringing activity violations more than twice as a result of DMCA takedown notices or other similar copyright notices.
6. Digital Essays Platform License Grant.
6.1 License Grant to Download.
Subject to Your compliance with the terms and conditions set out in these Terms, Digital Essays hereby grants to You a limited, non-exclusive, non-transferable, freely revocable license to view, download (including, without limitation download to a portable device), print, and have printed select content for personal use, except as Digital Essays may restrict or block at the request of its content providers or on its own initiative.
6.2 Reservation of Rights.
Digital Essays reserves all rights not expressly granted in these Terms.
6.3 Prevention of Unauthorized Use.
Digital Essays reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized use of the Digital Essays Platform, including, but not limited to, technological barriers, IP mapping, and directly contacting Your Internet Service Provider (ISP) regarding such unauthorized use.
7. Content Disclaimer.
You understand that when using the Digital Essays Platform You will be exposed to content from a variety of sources, and that Digital Essays is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such content. You further understand and acknowledge that You may be exposed to content that is inaccurate, offensive, indecent or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against Digital Essays with respect thereto. Digital Essays does not endorse any content or any opinion, recommendation, or advice expressed therein, and Digital Essays expressly disclaims any and all liability in connection with content. If notified by a User or a content owner of content that allegedly does not conform to these Terms, Digital Essays may investigate the allegation and determine in its sole discretion whether to remove the content, which it reserves the right to do at any time and without notice. For clarity, Digital Essays does not permit copyright infringing activities on the Digital Essays Platform.
8. Prohibited Conduct.
BY USING THE DIGITAL ESSAYS PLATFORM YOU AGREE NOT TO:
8.1 use the Digital Essays Platform for any purposes other than to receive original or appropriately licensed content, to add User Comments, and/or to access the Digital Essays Platform as such services are offered by Digital Essays;
8.2 rent, lease, loan, sell, resell, sublicense, distribute, display or otherwise transfer the licenses granted herein or any Materials (as defined in section 12, below);
8.3 post, upload, or distribute any defamatory, libelous, or inaccurate User Comments, or other content;
8.4 post, upload, or distribute any User Comments or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, invasive of another's privacy, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
8.5 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Digital Essays Platform accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Digital Essays Platform, or perform any other similar fraudulent activity;
8.6 delete the copyright or other proprietary rights notices on the Digital Essays Platform or associated with any content available via the Digital Essays Platform;
8.7 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Digital Essays Platform. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
8.8 use the Digital Essays Platform for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
8.9 defame, harass, abuse, threaten or defraud Users of the Digital Essays Platform, or collect, or attempt to collect, personal information about Users or third parties without their consent;
8.10 use the Digital Essays Platform if You are under the age of thirteen (13) years old;
8.11 remove, circumvent, disable, damage or otherwise interfere with DRM and other security-related features of the Digital Essays Platform features that prevent or restrict use or copying, printing, or sharing of any content accessible through the Digital Essays Platform, or features that enforce limitations on the use of the Digital Essays Platform or any content available via the Digital Essays Platform;
8.12 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Digital Essays Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
8.13 modify, adapt, translate or create derivative works based upon the Digital Essays Platform or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
8.14 intentionally interfere with or damage operation of the Digital Essays Platform or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
8.15 relay email from a third party's mail servers without the permission of that third party;
8.16 use any robot, spider, scraper, or other automated means to access the Digital Essays Platform for any purpose or bypass any measures Digital Essays may use to prevent or restrict access to the Digital Essays Platform;
8.17 forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Digital Essays Platform;
8.18 interfere with or disrupt the Digital Essays Platform or servers or networks connected to the Digital Essays Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Digital Essays Platform; or
8.19 post, upload or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, content in HTML format with links or redirects, or other content that in Digital Essays's sole opinion detracts from the Digital Essays experience.
When You use the Digital Essays Platform to print content, download content, or otherwise access content or use any products, services, or otherwise access information from Digital Essays, You may be asked to provide a password. You are solely responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your account or password. You agree that the information You provide to Digital Essays on registration and at all other times will be true, accurate, current, and complete. You also agree that You will ensure that this information is kept accurate and up-to-date at all times. If You have reason to believe that Your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of Your account ID, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify Digital Essays. You may be liable for the losses incurred by Digital Essays or others due to any unauthorized use of Your Digital Essays Platform account.
10. Third-Party Sites, Products and Services; Links.
The Digital Essays Platform may include links or references to other web sites or services solely as a convenience to Users ("Reference Sites"). Unless otherwise expressly stated by Digital Essays, Digital Essays does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites. In addition, Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Digital Essays Platform are solely between You and such advertiser. Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at Your own risk.
11.1 Digital Essays.
You agree that Digital Essays, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with Digital Essays or Your use of the Digital Essays Platform and remove and discard all or any part of Your account, User profile, and any content, at any time. Digital Essays may also in its sole discretion and at any time discontinue providing access to the Digital Essays Platform, or any part thereof, with or without notice. You agree that any termination of Your access to the Digital Essays Platform or any account You may have or portion thereof may be effected without prior notice, and You agree that Digital Essays will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Digital Essays may have at law or in equity. Notwithstanding the foregoing, if you have a Digital Essays Paid Access account, the terms on which your account may be terminated will be set forth in the Paid Access End User License Agreement.
Your only remedy with respect to any dissatisfaction with (i) the Digital Essays Platform, (ii) any term of these Terms, (iii) any policy or practice of Digital Essays in operating the Digital Essays Platform, or (iv) any content or information transmitted through the Digital Essays Platform, is to close Your account and stop using Digital Essays. You may terminate these Terms at any time by discontinuing use of Digital Essays.
12. Ownership; Proprietary Rights.
The Digital Essays Platform is owned and operated by Digital Essays. The visual interfaces, graphics, design, compilation, information, computer code (including source code and object code), products, services, and all other elements of the Digital Essays Platform provided by Digital Essays (the "Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Digital Essays acknowledges that You retain ownership of any User Comments you may post via Digital Essays, subject however to Your grant to Digital Essays of a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license to reproduce, store, distribute, publicly display, and adapt them for use in conjunction with the operation of the Digital Essays Platform. All Materials contained on the Digital Essays Platform are the property of Digital Essays or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Digital Essays or its affiliates and/or third-party licensors. Except as expressly authorized by Digital Essays, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials or the Digital Essays Platform. Digital Essays reserves all rights not expressly granted in these Terms.
You agree to indemnify, save, and hold Digital Essays, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of Your use or misuse of the Digital Essays Platform, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein. Digital Essays reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Digital Essays, and You agree to cooperate with Digital Essays's defense of these claims. Digital Essays will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
14. Disclaimers; No Warranties.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DIGITAL ESSAYS, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DIGITAL ESSAYS OR THROUGH THE DIGITAL ESSAYS PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEGE THAT AS USED IN THIS SECTION 14, THE TERM DIGITAL ESSAYS INCLUDES Digital Essays'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
15. Limitation of Liability and Damages.
15.1 Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL DIGITAL ESSAYS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE MATERIALS AND CONTENT ON THE DIGITAL ESSAYS PLATFORM OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS WITH DIGITAL ESSAYS, EVEN IF DIGITAL ESSAYS OR AN DIGITAL ESSAYS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.2 Limitation of Damages.
IN NO EVENT WILL THE TOTAL LIABILITY OF DIGITAL ESSAYS OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE DIGITAL ESSAYS PLATFORM OR YOUR INTERACTION WITH OTHER DIGITAL ESSAYS PLATFORM USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE DIGITAL ESSAYS PLATFORM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
15.3 Reference Sites.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN DIGITAL ESSAYS AND RECEIVED THROUGH OR ADVERTISED ON THE DIGITAL ESSAYS PLATFORM OR RECEIVED THROUGH ANY REFERENCE SITES.
15.4 Basis of the Bargain.
YOU ACKNOWLEDGE AND AGREE THAT DIGITAL ESSAYS HAS OFFERED ITS PRODUCTS AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND DIGITAL ESSAYS, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND DIGITAL ESSAYS. DIGITAL ESSAYS WOULD NOT BE ABLE TO PROVIDE THE DIGITAL ESSAYS PLATFORM TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
15.5 Limitations by Applicable Law.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
Digital Essays may provide You with notices, including those regarding changes to Digital Essays's terms and conditions, by email, regular mail, or postings on the Digital Essays Platform. Notice will be deemed given twenty-four hours after email is sent, unless Digital Essays is notified that the email address is invalid. Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the Digital Essays Platform. In such case, notice will be deemed given three days after the date of mailing. Notice posted on the Digital Essays Platform is deemed given ten days following the initial posting.
The failure of Digital Essays to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Digital Essays.
16.3 Governing Law.
These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.
You agree that any action at law or in equity arising out of or relating to these Terms or Digital Essays will be filed only in the state or federal courts in and for Santa Clara County, California, and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Digital Essays without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 6-16.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
16.9 Entire Agreement.
These Terms (including all Guidelines and terms incorporated herein) are the entire agreement between You and Digital Essays relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by Digital Essays as set forth in section 4 above.
YOU AND DIGITAL ESSAYS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE DIGITAL ESSAYS PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The services are offered by Digital Essays. If You are a California resident, You may have this same information emailed to You by sending a letter to the foregoing address with Your email address and a request for this information.
17 Gift Subscriptions.
Please refer to the Digital Essays Gift Subscription Terms and Conditions.