The following Terms of Use outline your obligations when using the Digg website. You can also review our Privacy Policy, which outlines our obligations and practices towards handling any personal information that you may provide to us.
The web pages available at digg.com, and all linked pages (“Site”), are owned and operated by Digg, Inc. (“Digg”), a Delaware corporation, and is accessed by you under the Terms of Use described below (“Terms of Use”).
Please read these terms of use carefully before using Digg or its services. By accessing Digg or using any part of the Site you agree to become bound by these terms and conditions. If you do not agree to all the terms and conditions, then you may not access Digg, or use the content or any services offered. Digg’s acceptance is expressly conditioned upon your assent to all these terms and conditions, to the exclusion of all other terms; if these terms and conditions are considered an offer by Digg, acceptance is expressly limited to these terms.
We may revise these terms from time to time, and the most current version will be at about.digg.com/terms-use. If the revision, at our sole discretion, is considered a material change we will notify you by posting an announcement on the Site. You are responsible for reviewing and becoming familiar with any modifications. Use of the Services after such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.
Subject to full compliance with the Terms of Use, Digg may offer to provide certain services and content, as described more fully on the Site, (“Services”). Digg may change, suspend or discontinue the Services including any content (including, but not limited to text, user comments, messages, data, information, graphics, news articles, photographs, images, illustrations, software, audio clips, and video clips) for any reason, at any time, including the availability of any feature or content. Digg may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
You may not (i) select or use as a Digg User ID a name of another person with the intent to impersonate that person; (ii) use as a Digg User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Digg User ID a name that is otherwise offensive, vulgar or obscene. We reserve the right to refuse registration of, or cancel a Digg User ID at our discretion; if you select a User ID for your account we reserve the right to remove or reclaim it if we believe it infringes upon another’s rights or marks. You are responsible for maintaining the confidentiality of your Digg password.
Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you are under 13 years old, do not attempt to register or use the Services.
Mass or serial account creation: while there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Digg. We respect other people’s rights and we expect you to do the same.
By way of example, and not as a limitation, you agree not to use the Services:
Digg may remove any content and Digg accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content), or for no reason at all. To report Terms of Use abuse, please email: abuse@digg.com
You are solely responsible for your interactions with other users of the Site. Digg reserves the right, but has no obligation, to monitor disputes between you and other users. For our Community Guidelines, please visit about.digg.com/community-guidelines
By creating and posting content to Digg, you warrant that you own all rights to the content, agree that the content will be dedicated to the public domain under the Creative Commons Public Domain Dedication, available at creativecommons.org/publicdomain/zero/1.0/ and that you will not object to the use of the content by Digg in any context. To clarify, the above does not apply to the content on external sites linked to by the original submission.
Digg respects the intellectual property of others. It is Digg’s policy to respond expeditiously to claims of copyright and other intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Digg may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Digg will terminate access for subscribers and account holders who are repeat infringers.
Notifying Digg of Copyright Infringement: To provide Digg notice of an infringement, you must provide a written communication to the attention of “DMCA Infringement Notification Dept.” care of support@digg.com that sets forth the information specified by the DMCA (www.copyright.gov/title17/92chap5.html#512). Please note that we may post your notification, with personally identifiable information redacted, to a clearinghouse such as chillingeffects.org. Please also note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.
Providing Digg with Counter-Notification: If you feel that your material does not constitute infringement, you may provide Digg with a counter notification by written communication to the attention of “DMCA Counter Notification Dept.” at support@digg.com that sets forth all of the necessary information required by the DMCA (www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
Digg’s current privacy policy is available at about.digg.com/privacy (the “Privacy Policy”), which is incorporated by this reference.
You will indemnify and hold harmless Digg, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or Digg User ID, of any intellectual property or other right of any person or entity.
You acknowledge that Digg has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release Digg from all liability for you having acquired or not acquired content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Digg makes no representations concerning any content contained in or accessed through the Site or Services, and Digg will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services. THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Digg has no control over such sites and resources, you acknowledge and agree that Digg is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Digg shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Neither Digg nor its third party service providers make any warranties with respect to any of the merchandise, products, and/or services featured, mentioned, or sold by others on or through the Site. Transactions for any such item shall be between the user and the third party seller, without any involvement of Digg or its third party service providers. You agree that Diggand its third party service providers are not responsible, and shall have no liability to you, with respect to merchandise, products, and/or services featured, mentioned, or sold by others on or through the Site, including illegal, offensive or illicit items, or items that violate this Agreement.
In no event shall Digg or its suppliers be liable under contract, tort or strict liability, negligence or other legal theory (i) with respect to the Site, the Service or any content for any lost profits or special, indirect, incidental, punitive or consequential damages of any kind whatsoever, substitute goods or services (however arising), or (ii) for any direct damages in excess of (in the aggregate) $100. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Digg may terminate or suspend any and all Services and your Digg account immediately, without prior notice or liability, if Digg has a reasonable belief that you may have breached any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Digg account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
No agency, partnership, joint venture, or employment is created as a result of the Terms of Use and you do not have any authority of any kind to bind Digg in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Digg shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Digg’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. The Terms of Use is not assignable, transferable or sublicensable by you except with Digg’s prior written consent. Digg may transfer, assign or delegate the Terms of Use and its rights and obligations without consent. The Terms of Use shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction of the Superior Court of San Francisco County and the United States District Court for the Northern District of California. Notwithstanding the foregoing sentence, (but without limiting Digg’s right to seek injunctive or other equitable relief in any court of competent jurisdiction), any disputes arising with respect to this Agreement shall be referred to an arbitrator affiliated with JAMS, The Resolution Experts. The arbitrator shall be selected by joint agreement of the parties. In the event the parties cannot agree on an arbitrator within thirty (30) days of the initiating party providing the other party with written notice that it plans to seek arbitration, the parties shall each select an arbitrator affiliated with JAMS, which arbitrators shall jointly select a third such arbitrator to resolve the dispute. The written decision of the arbitrator shall be final and binding on the parties. The arbitration proceeding shall be carried on and heard in San Francisco, California using the English language and pursuant to the rules of JAMS. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys’ fees. Both parties agree that the Terms of Use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms of Use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.