Your access to and use of Diversified Global Graphics Group – DG3 Web site (this “Site”), which is owned and operated by DG3 (Holdings) Limited through or with one or more of its affiliated companies, (together “DG3”), shall be governed by the following terms and conditions of usage and privacy statement (“Terms of Usage”). This Site, and the information contained on or through this Site, may be accessed only by (i) persons who have been authorized by their employer to use this Site pursuant to these Terms of Usage, or (ii) persons who have the authority to bind their employer to the use of this Site pursuant to these Terms of Usage (in each case, an “Authorized User”). By using this site, you agree to be bounds to the Terms of Usage as set out below. If you, or your employer, do not wish to be bound by these Terms of Usage, you must not use this Site. PLEASE READ THESE TERMS OF USAGE CAREFULLY BEFORE USING THIS SITE.
Section 1 – SCOPE AND SITE STRUCTURE
1.1 Structure & Links. This Site is an information and services portal provided by DG3. Through this Site, you can review information about the company and may gain access to certain services that allow you to create and manipulate various documents and place orders for printing and various other services. This Site may also contains hyper-links, which allow users to click-through to the applicable pages on certain web sites on which additional content may be accessed and viewed. In addition, through this Site, you may have access to research, financial news and other market data created or provided by certain third-party information suppliers that are not affiliated with DG3 (“Third-Party Content”). Finally, your use of this Site may lead you, via a hyper-link or otherwise, to use Web sites independently owned and operated by other third parties (“Third-Party Sites”). If you click-through to any Third-Party Sites, either directly or indirectly through this Site (collectively, the “Linked Sites”), you acknowledge and agree that you shall be subject to the terms and conditions of usage applicable to such Linked Sites.
1.2 Disclaimer. DG3 may provide links to the Linked Sites and access to any Third-Party Content only as a convenience and without (i) any obligation on the part of DG3 or the Members (which term for purposes of this Section 1.3 shall not include a particular Member when the Linked Site is that Member’s own Web site) to review such Linked Sites or Third-Party Content or (ii) any liability or responsibility arising out of your use thereof. The fact that you may click-through to Linked Sites or be provided with access to Third-Party Content does not mean that DG3 or the Members endorse or guarantee such Linked Sites, the Linked Sites’ sponsors or the Linked Sites’ content, or the Third Party Content’s sponsors or the Third-Party Content. DG3 takes no responsibility for Third Party Content (including, without limitation, its accuracy or any viruses or other disabling features), nor does DG3 have any obligation to monitor such Third Party Content. Linked Site content and Third-Party Content to which you link or are provided access, either directly or indirectly, from or on this Site will not have been developed, reviewed or monitored by DG3 or the Members, and DG3 and the Members cannot and do not guarantee or make any representation or warranty, either express or implied, as to the accuracy, validity, sequence, timeliness, completeness or continued availability of any such content. You should not rely on the Site as expressing an opinion or as representing current information. DG3 has not undertaken, and does not undertake any duty to update the content on this Site or otherwise advise you of changes in their opinion or in the information. The content is provided for your convenience only, and is not a republication or reconfirmation of the opinion or information contained therein. DG3 expressly disclaims any and all liability arising out of claims as a result of your use of this site, including but not limited to any allegations of intellectual property violations. By posting documents on this site, you agree to defend, indemnify and hold harmless DG3 for any and all claims arising as a result of such documents or posting content on this site. DG3 reserves the right at all times to remove or refuse to distribute any content on the Service, such as content which violates the terms of this Agreement.
1.3 Posted Guidelines. In addition to these Terms of Usage, when using this Site, you shall be subject to and agree to follow any posted guidelines or rules, which may be posted from time to time. DG3 may, in its sole discretion, modify or revise these guidelines or rules at any time, and you agree to be bound by such modifications or revisions.
1.4 Registration Data. In consideration of your use of certain features of this Site, you and/or your employer agree to: (a) provide true, accurate, current and complete Registration Data (as defined below in Section 3.1) to DG3 and to the Members either as provided directly to DG3 by your employer or as prompted by the Site’s registration form and (b) maintain and promptly update the Registration Data, or similar information provided and to keep the same true, accurate, current and complete.
1.5 Passwords. Provided that you register for a service and your Registration Data (as defined below in Section 3.1) is approved and certified by DG3, a password will be provided to you to permit you to use this Site and, where authorized, to provide convenient and seamless access to certain Member Web Sites and Linked Sites. The password assigned to you is for your use only and you are solely responsible for the safekeeping of your password. You are responsible if your password is lost, stolen or misused and you must notify us immediately if any of these events happen. You will be responsible for all activity attributable to your password.
1.6 Right to Terminate User Access. DG3 reserves the right to limit, restrict and terminate your access to and use of this Site at any time, in whole or in part, in its sole discretion and without notice.
1.7 Restrictions. You may use the Site only in conjunction with the information or services provided therein. You shall not copy, in whole or in part, the DG3 Site or related documentation, whether in the form of computer media, print or any other form. YOU MAY NOT RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER TO OTHERWISE PRODUCE HUMAN READABLE CONTENT THEREFROM, OR MAKE OR DISTRIBUTE ANY OTHER FORM OF, OR ANY DERIVATIVE WORK FROM, THE DG3 SITE.
1.8 Regulations; Use of Services. You shall be responsible for (i) compliance with all laws and governmental regulations affecting its business, (ii) any use you may make of the Services to assist you in complying with such laws and governmental regulations, DG3 shall not have any responsibility relating thereto and (iii) compliance with all laws, rules and regulations relating to its use of the Services, including, but not limited to, those related to proprietary rights, data privacy and international communications. You may not use this site to engage in any illegal activity or to engage in conduct which is defamatory, libelous, threatening or harassing to DG3 or any other person or business entity. You agree that you will not upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations, and will be solely liable for such infringement. You agree that you shall not engage in disruptive activities and that you shall be responsible for all content that you use or transmit in connection with the use of the Site. You further agree that you will comply with all the restrictions on use applicable to the Site, as set forth on the Site. DG3 hereby disclaims any and all liability arising as a result of your use of DG3’s Services to assist you in complying with such laws and governmental regulations
1.9 Intellectual Property. DG3’s Intellectual Property Rights. You acknowledge that DG3 owns all right, title and interest in and to the information and any Service provided through the Site, including without limitation all intellectual property rights (the “DG3 Rights”), and such DG3 Rights are protected by U.S. and international intellectual property laws. DG3 owns all rights, title and interest (including all other copyrights, trademarks and other intellectual property rights) in this Web site and all names, terms, logos, slogans, images and other indicia identifying DG3’s products or services are proprietary marks belonging to DG3. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. DG3 does not claim any ownership in any of the content, including any text, data, information, images, photographs, sound, video, or other material, that you may from time to time upload, transmit or store in your DG3 account. We will not use any of your content for any purpose except to provide you with the Service as per this and any other agreement between DG3 and you.
Section 2 – DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
2.1 Information and Services “As Is” and “As Available”. THE INFORMATION AND SERVICE PROVIDED ON OR THROUGH THIS SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. YOUR USE OF THIS SITE OR ANY LINKED SITE IS AT YOUR OWN RISK. ALTHOUGH THE INFORMATION ON THIS SITE IS OBTAINED OR COMPILED FROM SOURCES DG3 BELIEVES TO BE RELIABLE, DG3 CANNOT AND DOES NOT GUARANTEE OR MAKE ANY REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO THE ACCURACY, VALIDITY, SEQUENCE, TIMELINESS, COMPLETENESS OR CONTINUED AVAILABILITY OF ANY INFORMATION OR DATA OR SERVICE MADE AVAILABLE ON THIS SITE OR ON ANY LINKED SITE. IN NO EVENT SHALL DG3 BE LIABLE FOR ANY DECISION MADE OR ACTION OR INACTION TAKEN BY YOU IN RELIANCE ON ANY INFORMATION OR DATA ON THIS SITE OR ON ANY LINKED SITE. DG3 FURTHER EXPLICITLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DG3, ITS MEMBERS, SUPPLIERS OF THIRD-PARTY CONTENT AND ANY OTHER THIRD PARTY WORKING WITH DG3 SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGES OR LOSS (INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL AND ANY AND ALL OTHER FORMS OF DAMAGES OR LOSSES REGARDLESS OF THE FORM OF THE ACTION OR THE BASIS OF THE CLAIM) CAUSED OR ALLEGED TO BE CAUSED IN CONNECTION WITH YOUR USE OF THIS SITE WHETHER OR NOT FORESEEABLE, EVEN IF DG3 OR ANY OF ITS SUPPLIERS OR OTHER THIRD PARTIES WORKING WITH DG3 IN CONNECTION WITH THIS SITE HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.
Section 3 – PRIVACY STATEMENT
3.1 Access. In order to access certain features of this Site you may be required to register. During the registration process, either you or your employer will be required to provide DG3 with certain information, including your name, employer, title, business address, business telephone number and business e-mail address (“Registration Data”). This Registration Data will be shared only with DG3 companies, by you or your employer, to authorize your use of this Site. While you are accessing this Site our Web servers may recognize your: (a) domain name; (b) ISP’s domain name; (c) IP address; (d) browser type; and (e) operating system. If you contact us with a technical question, we may collect certain information about your systems, including: (a) your browser type, version and settings (e.g. Java and cookie settings); (b) connectivity information (e.g. SSL/HTTPS compatibility, bandwidth capacity); and browser plug-in information (e.g. do you have Adobe, what is your media player, can you open Flash files, etc.). It is also possible that, upon agreement by you, DG3’s system may place certain programs, scripts or packets of information on your computer. These items are used solely to carry out the functions of the Site and for no other purpose.
3.2 Use of Information. Except for (i) Registration Data, which will be shared only with DG3 companies, by you or your employer, to authorize your use of this Site, all information collected from you and recorded about you in connection with your use of this Site will be shared with DG3. Registration Data may be used by DG3: (a) in order to allow us to provide you with the products and services included within or accessible from this Site; (b) in order for us to provide you with access to or from the Linked Sites; (c) for our own marketing and/or research and development purposes; and (d) in connection with our client services and client management systems.
3.3 Disclosure of Information. DG3 understands that privacy is important to you. Except as otherwise noted herein, DG3 will not rent or sell information we have collected from or about you without your permission. For the purposes specified in the preceding paragraph, we may transfer or disclose Registration Data, Access Data and Visitor Data to any DG3 company, wherever located in the world. We may disclose Registration Data, Access Data and Visitor Data to third parties who are contracted to perform services on behalf of DG3, such as those who assist DG3 in bringing you this Site and providing you with certain features and functionality included within or accessible via this Site. We may also disclose Registration Data, Access Data and Visitor Data to third parties in connection with their providing you access to this Site or to allow you to access the Linked Sites. Disclosures to these third parties will be subject to confidentiality agreements and, where required, governed by contract in the form required by law. DG3 may also be required, and reserves the right, to disclose information to governmental, regulatory or self-regulatory entities or agencies in response to regulatory inquiries or to comply with applicable laws, rules, regulations, court orders, subpoenas or other legal processes.
3.4 Consent. By (a) agreeing to these Terms of Usage, which include this Privacy Statement, or (b) by using this Site, and, in either case, providing any information that may be required, invited or otherwise collected by us as set forth above, you freely consent to DG3 processing your information in the United States, England and any other countries and territories for the purposes set out in these Terms of Usage, and you also consent to the transfer of your information for such purposes to any DG3 company wherever such entity may from time to time be located and to any third parties as described above and in accordance with applicable law and regulations. If you do not wish DG3 to collect any of your information or do not agree with any of the terms and conditions of these terms of Usage, you should not use and should exit this Site. If after registering with DG3, you desire to withdraw the consent granted in this Section 3.4 for all future use of your information by DG3, you must notify DG3 in writing at the address listed below and immediately cease use of this Site.
3.5 Inquiries. If you have any questions regarding this Privacy Statement or your information that is held by us, please contact DG3 in writing using the contact information provided below. If we receive a request regarding your personal information held by us, we will use reasonable means to provide you with such information that we can reasonably compile. You will be given the opportunity to rectify any inaccuracies in such information.
3.6 Encryption. DG3 may use encryption technology to protect certain transmissions of data to/from this Site, but e-mail and other communications, unless otherwise noted on this Site, are not encrypted to/from this Site. Therefore, you should not send any personal or identifying information, such as account numbers, credit card numbers, Social Security numbers, passwords, etc., to DG3 via e-mail. By utilizing e-mail or other electronic communication means you acknowledge that you have no expectation of privacy with respect to the information delivered thereby and that DG3 will not be responsible for any loss or damage that could result from interception by third parties of any information so sent.
Section 4 – MISCELLANEOUS
4.1 Entire Agreement. These Terms of Usage constitute the entire agreement of the parties hereto with respect to the subject matter hereof and supersede all prior agreements and undertakings, both written and oral, between the parties with respect to the subject matter hereof.
4.2 Governing Law; Forum in United States and Asia. For users in the United States or Asia, these Terms of Usage shall be governed in all respects by the laws of the State of New York, and any litigation arising out of or connected in any way with these Terms of Usage shall take place in a State or Federal court of competent jurisdiction in New York County, State of New York.
4.3 Governing Law; Forum in the European Community. For users in the European Community, these Terms of Usage shall be governed in all respects by the laws of England, and any litigation arising out of or connected in any way with these Terms of Usage shall take place in the courts of England.