Before you register with Digesto, you must read and agree to this Terms of Service ("TOS"). By using the Digesto services (the "Service"), you agree to be bound by the TOS and you agree that it is enforceable as if it were a written negotiated agreement signed by MERGE Inc.. (“MERGE,” “we,” “our,” or “us”) and you. MERGE may, in its sole discretion, modify or revise the TOS at any time without notice to you, and you agree to be bound by such modifications or revisions. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. Continued use of the Service after any such changes shall constitute your consent to such changes.
Digesto is a web-based blog content distribution service based on Marketo platform (the "Service"). Your use of the Service is at your sole risk. The service is provided on an AS IS and AS AVAILABLE basis.
You must be at least thirteen (13) years of age to use this Service. You must provide your current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. MERGE reserves the right to refuse service to anyone at any time without notice for any reason.
You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by MERGE; use the Service for any fraudulent or inappropriate purpose; resell, duplicate, reproduce or exploit any part of the Service without the express written permission of MERGE; use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. Violation of any of the foregoing may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences.
MERGE reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice. MERGE reserves the right to change Service fees upon 15 days notice from us.
You are solely responsible for the proper cancellation of your account. You may cancel your account at any time by contacting email@example.com. There will be no refund if you cancel the Service before the end of your current contract. There is no cancellation fee. Cancellation is immediate, and all of your Content will be immediately deleted from the Service upon cancellation. MERGE may at any time and for any reason terminate the Services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system.
You acknowledge that MERGE owns all right, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by Canada, U.S. and international intellectual property laws. 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. MERGE claims no intellectual property rights over the material you provide to the Service.
MERGE does not warrant that: (i) the Services will meet your requirements or expectations, (ii) the Service will be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (iii) bugs or errors will be corrected, (iv) the scheduler is accurate. The Services are provided to you strictly on an "as is" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law. You expressly understand and agree that MERGE shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MERGE has been advised of the possibility of such damages), resulting from your usage of the Service.
You agree to hold harmless and indemnify MERGE, and its affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, MERGE will provide you with written notice of such claim, suit or action. The failure of MERGE to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. The TOS constitutes the entire agreement between you and MERGE and govern your use of the Service, superseding any prior agreements between you and MERGE (including, but not limited to, any prior versions of the TOS). If you have any questions regarding this Terms of Service or if you wish to discuss the terms and conditions contained herein please contact Digesto at firstname.lastname@example.org.Last updated: February 18, 2014