Rekko Terms of Service
Last modified: November 23, 2014
This Agreement governs the use of our products and services (“Services”). The Services are provided by Digi-Net Technologies, Inc. (“Digi-Net”), located at 5887 Glenridge Drive NE, Suite 350, Atlanta, GA 30328, United States.
By using our Services, you are agreeing to these terms. PLEASE READ THEM CAREFULLY.
We have multiple technologies and services, so additional terms or requirements may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us as you use those Services.
Using our Services
You must follow any policies made available to you within the Services.
Don’t access Digi-Net’s Services in any method other than the standard interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies, if we are investigating suspected misconduct, or if directed to do so by law enforcement. Additionally, we may suspend or terminate your access to Services if you fail to make timely payments on a premium (paid) account. Suspension of your account, however, does not relieve you from payment obligations, including future payments, that are due as part of any applicable service plan or agreement.
Using our Services does not give you ownership of any intellectual property rights in our Services. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices, logos, or branding displayed in or along with our Services without prior written permission from us.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information via email, telephone, the website or through other means. You agree to receive these communications as part of continued use of our website and Services.
Privacy and Copyright Protection
Digi-Net’s privacy policies explain how we treat your data and protect your privacy when you use our Services. By using our Services, you agree that Digi-Net can use such data in accordance with our privacy policies.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
Data and our Services
Our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload, submit, store, send or receive content to or through our Services, you give us (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from campaigns, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones.
Our automated systems analyze and store data to provide you with relevant product features and analytics, such as (but not limited to) optimized content, recommendations and emails. This analysis occurs as the content is sent, received, and when it is stored. We will never disclose or make available your data publicly without your consent. Anonymized versions of data from our customers’ sites are, from time-to-time, aggregated, reported, and made available to you as part of our Service in an effort to help you benchmark your results against peers. This never includes any identifiable personally identifiable data of yours, or of your customers, unless you agree to such as part of a case study (for example), and only with your explicit permission.
About Software in our Services
When our Service requires or includes downloadable software, this software may update automatically once a new version or feature is available. Any license to the downloadable software will accompany the software. In all cases, you may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
Open source software is important to us. Some software used in our Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don’t promise about our Services.
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER DIGI-NET NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, THAT WE WE’LL CONTINUE TO OFFER SPECIFIC FEATURES INDEFINITELY, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
Liability for our Services
WHEN PERMITTED BY LAW, DIGI-NET, NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF DIGI-NET, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).
IN ALL CASES, DIGI-NET WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
Business uses of our Services
If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify Digi-Net and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should look at the terms regularly. We’ll post notice of modifications to these terms on this page. We may also post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than three (3) days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict.
These terms control the relationship between Digi-Net and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
The laws of Florida, U.S.A. will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Gainesville, FL and/or Alachua County, Florida, USA and you and Digi-Net consent to personal jurisdiction in those courts.