digital builders, inc. legal notice and user agreement

LEGAL NOTICE | USER AGREEMENT

COPYRIGHTS

The contents of this site ("Site"), including the text, images, animations, software, source code, object code, compiled code, audio and video (collectively referred to herein as "Materials"), are copyrighted and should not be distributed, modified, reproduced or used, in whole or in part, without the prior written consent of Digital Builders, Inc. ("DBI") , except that you may download Materials on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.

USER AGREEMENT

You agree to this User Agreement, and all of its terms and conditions, by visiting, browsing, accessing or otherwise using the Site. These terms and conditions are subject to change without prior notice at any time, in DBI's sole discretion. By visiting, browsing, accessing or otherwise using the Site after a change has been posted to the Site, the Customer accepts that change. Users should check this User Agreement frequently.

TRADEMARKS

Digital Builders, the "db 0110" logo, digitalbuilders.com, dbF, dbF FlashController, dbF LogicWare, dbF DataBridge, Inunciate, Inunciate.com, Magic N Ball, Magicnball.com, Magic Flash Ball, and MagicFlashBall.com are either trademarks or registered trademarks of DBI. Other DBI service names, slogans or logos referenced in this web site are trademarks or registered trademarks of DBI. All other company, product or service names referenced in this web site are used for identification purposes only and may be trademarks of their respective owners.

FEEDBACK AND INFORMATION

Please contact www@digitalbuilders.com or legal@digitalbuilders.com with questions or problems, as appropriate. Any feedback you provide at this site shall be deemed to be non-confidential. Digital Builders is free to use such information on an unrestricted basis.

THIRD PARTIES

The links and/or banners in this area will let you leave DBI’s site. The linked sites are not under the control of DBI and DBI is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. DBI is not responsible for any form of transmission or data received from any linked site. DBI is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DBI of the site.

ACCOUNT AND PASSWORD

You are 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. If you are under 18, you may use the Site only with a parent or guardian. DBI reserves the right to refuse service, terminate accounts, add or remove information, or edit content in its sole discretion.

USER CONTENT

Users alone are responsible for the contents of the messages they communicate when using our services and as well as the consequences of any such messages. You agree that you will not use our services for chain letters, junk mail, "spamming" or commercial solicitations or to engage in illegal activities. You further agree not to use our services to send any message or material that is unlawful, gives rise to civil liability or otherwise violates the community standards described on our sites. All communications when using our services are public and not private communications. Although we reserve the right to remove without notice any communications for any reason, we have no obligation to delete content that you may find objectionable or offensive.

We may modify or discontinue our services or your account with us, with or without notice, without liability to you, any other user or any third party. We reserve the right to terminate your account if we learn that you have provided us with false or misleading registration information, interfered with other users or the administration of DBI's services, or violated these User Agreement.

NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEBSITE.

DBI intends for the information and data contained in the Site to be accurate and reliable, however, since the information and data have been compiled by DBI from a variety of sources, the materials in this site are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, DBI disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. DBI cannot warrant that the functions contained in the materials will error-free, or that defects will be corrected. DBI also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the site or your downloading of any materials, data, text, images, animations, software, source code, object code, compiled code, video, or audio from the site.

LIMITATIONS OF LIABILITY

In no event shall DBI be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of software, documents, provision of or failure to provide services, or information available from this server and/or site. In accordance, DBI makes no warranties, express or implied, and disclaims any implied warranty of merchantability or fitness for a particular purpose. DBI further will not be liable for damage resulting from a) unreasonable use, b) accident or c) negligence, including the negligence of agents and/or subcontractors, or accident. In no event shall DBI be liable for loss of profits or any special contingent, incidental, or consequential damages to persons or property, however caused, even if DBI has been advised of the possibility of damages. DBI's sole liability and buyer’s exclusive remedies are stated in this section. DBI will not be liable for loss of profits or any special contingent, incidental, or consequential damages which may result.

This User Agreement will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the User Agreement to be unenforceable, the remainder of the User Agreement will continue in full force and effect.

This User Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the User Agreement will be effective only if in writing and signed by DBI.

DISAGREEMENT WITH THESE TERMS AND CONDITIONS

If you disagree with any of the terms and conditions of this User Agreement, please do not visit, browse, access or otherwise use this Site.

Any rights not expressly granted herein are reserved.