eMedia Technologies, Inc., presents the information on this web site for your convenience. Reproduction, distribution, or republication of any information, materials, documents, software, products, or services by any means, without the prior written consent of eMedia Technologies, Inc. is strictly prohibited. All rights not expressly granted herein are reserved.
Intellectual Property Information
The text, images, audio files, animation files, video files and their arrangement on this web site are subject to copyright and other intellectual property protection in the United States and other countries. eMedia Technologies, Inc. is a trademark of eMedia Technologies, Inc. in the United States and other countries. All other companies, product or services names may be trademarks or registered trademarks of their respective owners. No license to any intellectual property, including without limitation, any copyright, trademark, or service mark, has been granted by this web site.
Limitation of Liability
eMedia Technologies, Inc. SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER RELATED TO THIS WEB SITE OR ANY OTHER HYPERLINKED WEB SITE UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY (A) FOR ANY DIRECT DAMAGES, (B) FOR ANY LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, OR (C) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES OR LOSS OF PROFITS.
All matters relating to your access to or use of this web site shall be governed by laws of the State of Indiana and the United States without regard to conflicts of laws provisions. These terms and conditions are the complete and exclusive statement of the mutual understanding between you and eMedia Technologies, Inc. and these terms and conditions supersede and cancel all previous written and oral agreements and communications relating to the subject matter of these terms and conditions.
Copyright © 2005 eMedia Technologies, Inc., All rights reserved.
In certain areas of this web site, you may choose to share personal information with us, such as your name, address, email address and other information. We may use this information for marketing and other service-related purposes like sending materials you request or keeping you updated by e-mail. Any personal information you choose to share with us will not be disclosed to anyone outside of eMedia Technologies, Inc., our related companies, or our business partners who help with this web site. We will never exchange or sell your personal information to any other company. We may, however, release information when we believe that such release is reasonably necessary to comply with the law or protect the rights, property or safety of eMedia Technologies, Inc., our users or others. In certain areas of this web site, you may choose to email a friend regarding the web site. That email will be transmitted by our web browser. We will not retain the email address of your recipient friend.
Site Traffic Monitoring
We may collect anonymous information about your visit to our site by tracking Internet Protocol (IP) addresses on an aggregate basis. We do not link IP addresses to any personal information associated to the individual visitor. We use this information only to determine how to make future visits more convenient and productive for our users.
You will only receive e-mails or mailings from eMedia Technologies, Inc. if you have requested to be on our correspondence list. If you are currently on our list and do not wish to receive further information from us, simply tell us by following the "unsubscribe" link contained in any e-mail we send you.
Links to Third Party Sites
Terms and Conditions
If you have any questions regarding this Agreement, please send an email to info@DigiBinder.com. All Users are charged based on the current published prices or a specific Service Agreement. Rates are subject to change at any time with 30 days notice. eMedia Technologies, Inc., in conjunction with any affiliated partner, reserves the right to suspend or limit service as deemed necessary at its sole discretion and in compliance with any Service Agreement which may be in effect. User also agrees not to disable or bypass any functionality mechanisms on the Services. Services may be terminated immediately and without notice if abused.
All Users are also obligated under the terms of the applicable Service Account Agreement, if any. Terms and obligations contained in any Service Account Agreement may supercede those contained in this agreement.
2. The User is solely responsible for the contents of User’s files,
and the Service acts as a medium for User’s online creation, editing,
distribution and publication of documents. However, eMedia Technologies,
Inc. reserves the right to remove from its servers any files that it deems
may result in a liability exposure for eMedia Technologies, Inc.
4. The Services respects the privacy of your DigiBinder.com Services contents. The Services will not monitor, edit or disclose the contents unless required by law.
7. eMedia Technologies, Inc. may cancel a User’s account at any time based on a reasonable cause, and on notice to the User in the form of a direct email notification to the email address contained in the User’s Profile at the time. Notice will be no less than 30 days before action is taken so the user can save any stored documents outside of the Service.
8. Usage of the DigiBinder.com software ASP, documentation or other DigiBinder.com software is also covered under this agreement, including all applicable copyright and patent laws. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services without written permission from eMedia Technologies, Inc.
9. eMedia Technologies, Inc. reserves the right to delete any individual user account after ninety (90) days of inactivity without notice. For security reasons, new passwords will not be manually regenerated for individual user accounts.
10. In consideration of payment of the Site License Fee in Paragraph 11, eMedia Technologies, Inc. grants User a nonexclusive Site License to use the Services. The Site License is for a single User or Company as indicated in Appendix A. User’s right to use each Site License is expressly conditioned upon timely full payment of all fees due under this Agreement.
11. In exchange for the Site License described above, User will pay eMedia
Technologies, Inc. the following fees during the term of this Agreement:
12. The initial term of this Agreement will start on the date this Agreement is signed and will continue for a consecutive period of 12 months after delivery of the Services to User. This Agreement will be automatically renewed on a yearly basis until either party gives written notice of its intention to not renew the Agreement at least 90 days prior to the expiration of the initial or any successive term.
13. User may not assign or transfer this Agreement in whole or in part without the prior written consent of eMedia Technologies, Inc., which will not be unreasonably withheld. This Agreement binds User and all future persons or entities assigned this Agreement.
14. User acknowledges that certain provisions of this Agreement and information about the Services and its documentation are proprietary and confidential and all information submitted to User is provided in reliance on User’s promise to keep the information confidential and for the exclusive use of its employees for its business. User will inform present and future employees who receive or have access to the Services of the confidential nature of the information and to instruct each employee that he or she will not disclose confidential information about the Services to others except to the extent the information is generally known or as required by law. User will protect and not disclose confidential information about the Services to others except to the extent the information is generally known or as required by law. User will not duplicate or permit duplication of material licensed in this Agreement except for User’s internal use. User agrees that any prohibited disclosure under this paragraph would leave eMedia Technologies, Inc. without an adequate remedy at law entitling eMedia Technologies, Inc. to immediate injunctive relief against User plus a monetary penalty of $1,000.00 per violation payable to eMedia Technologies, Inc.
15. User will not attempt to reverse engineer or duplicate the Services at any time without the express written consent of eMedia Technologies, Inc.
16. eMedia Technologies, Inc. has title to the Services and its components. User acknowledges that eMedia Technologies, Inc. is in the business of creating similar implementations of the Services, and nothing in this paragraph limits eMedia Technologies, Inc.’s right to do so.
17. This Agreement is binding upon and will inure to the benefit of eMedia Technologies, Inc. User, their successors, representatives and assigns.
EMEDIA TECHNOLOGIES, INC. AND ITS PARTNERS PROVIDE THE SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED. IN PARTICULAR, EMEDIA TECHNOLOGIES, INC. AND ITS PARTNERS DO NOT GUARANTEE UNINTERRUPTED, SECURE OR ERROR-FREE OPERATION OF EMEDIA TECHNOLOGIES, INC.’S SERVERS. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY. THIS WARRANTY GIVES USER SPECIFIC LEGAL RIGHTS AND USER MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. IN NO EVENT SHALL EMEDIA TECHNOLOGIES, INC. OR ITS PARTNERS BE LIABLE FOR LOST PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR BREACH OF CONTRACT OR WARRANTY OR FOR NEGLIGENCE OR STRICT LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES. SOME STATES AND LEGAL JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.