Digital Trends reserves the right to change or modify these Terms, or any policy or guideline of the Services, at any time and in our sole discretion. If we make changes or modifications to these Terms, we will provide you with notice of such changes, such as by sending an email, providing notice through the Services or updating the "Last Updated" date at the top of these Terms. Your continued use of the Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review the Terms and applicable policies to understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended terms, you must stop using the Services.
If you have any questions regarding the Services, please contact Digital Trends by emailing email@example.com.
We offer DT Standard and DT Premium memberships on a subscription basis (“Memberships”) for the recurring fees (“Fee”) and period of time (“Membership Period”) disclosed to you when you subscribe to a Membership on our website.
When you subscribe to a Membership, you expressly acknowledge and agree that Digital Trends (or our third-party payment processor) is authorized to charge you the Fee on a recurring basis at the start of each Membership Period. For example, if you sign up for a monthly Membership on May 1, you will be charged the Fee on the first day of every month. You acknowledge, understand, and agree that your Membership is continuous until you cancel it.
Cancellation: You may cancel your Membership at any time on your profile page or by emailing us at firstname.lastname@example.org. The cancellation will apply to the following Membership Period, and your Membership and access to any associated services will continue until the start of the following Membership Period. You will not receive a refund for the current month, nor will fees be prorated. For example, if you have a monthly Membership that renews on the first of each month and you cancel on May 15, your cancellation will become effective June 1. Until June 1, you will retain your access to the services. You will not receive a refund or proration for the remainder of the month.
If the price of your Membership changes, Digital Trends will notify you at least ten (10) days in advance of the next billing date. If you do not want to pay the new Membership Fee, you must cancel your Membership in accordance with these Terms.
Unless otherwise indicated, the Services and all content and other materials on the Services, including, without limitation, the Digital Trends logo, and all designs, text, graphics, pictures, videos, information, data, software, sound files and other files, and the selection and arrangement thereof, (collectively, the “Digital Trends Materials”) are the proprietary property of Digital Trends or our licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-exclusive and non-sublicensable license to access and use the Services and Digital Trends Materials; however, such license is subject to these Terms and does not include: (a) any resale or commercial use of the Services or the Digital Trends Materials; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Digital Trends Materials; (d) modifying or otherwise making any derivative uses of the Services and the Digital Trends Materials, or any portion thereof, unless modification or derivative use is specifically provided for under separate terms; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Services, the Digital Trends Materials or any information contained therein, except as expressly permitted on the Services; or (g) any use of the Services or the Digital Trends Materials other than for their intended purposes. Any use of the Services or the Digital Trends Materials other than as specifically authorized herein, without the prior written permission of Digital Trends, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Designated Agent: DT Copyright Agent
Address: 111 SW 5th Ave, Suite 1000, Portland, OR 97201
Telephone Number: 503.342.2890
Fax Number: 503.210.1170
E-Mail Address: email@example.com
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
You are granted a limited, non-exclusive right to create a text hyperlink to the Services for noncommercial purposes, provided such link does not portray Digital Trends or any of our products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Digital Trends logo or other proprietary graphic of Digital Trends to link to the Services without the express written permission of Digital Trends. Further, you may not use, frame or utilize framing techniques to enclose any Digital Trends trademark, logo or other proprietary information, including the images found on the Services, the content of any text or the layout/design of any page or form contained on a page of the Services without Digital Trends’ express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or other proprietary right of Digital Trends or any third party.
Digital Trends makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible via hyperlink or websites linking to the Services. Such sites are not under the control of Digital Trends and Digital Trends is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Digital Trends and our users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by Digital Trends of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern, and the policies of those third party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.
The Services may include interactive areas where you or other users can create, post or store content, messages, materials, data, information, text, music, sound, photos, videos, graphics, applications, code or other items or materials on the Services (collectively, “User Content”). You are solely responsible for your use of such interactive areas and agree that you use them at your own risk. You further agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:
We collect the following categories of personal information as described in the “Collection of Information” section above:
You further agree that you are solely responsible for your conduct while on the Services, and you agree that you will not do any of the following in connection with the Services or our users:
Digital Trends takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, or for any user conduct, nor is Digital Trends liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Enforcement of the user content or conduct rules set forth in these Terms is solely at Digital Trends’ discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules. Although Digital Trends has no obligation to screen, edit or monitor User Content, Digital Trends reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Services at any time, for any reason and without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense. Any use of the Services in violation of these Terms and may result in, among other things, termination or suspension of your rights to use the Services.
Except as otherwise provided herein, on the Services or in a separate agreement (such as the rules of a Digital Trends promotion), Digital Trends claims no ownership or control over any User Content. However, by submitting or posting User Content to the Services, you grant Digital Trends a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on the Services and on third-party sites. We will contact you directly to obtain permission before we use your User Content for our own commercial purposes, unless you expressly grant these rights to Digital Trends at the time you post or submit such content.
You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Services; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY DIGITAL TRENDS, THE SERVICES AND DIGITAL TRENDS MATERIALS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DIGITAL TRENDS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN. DIGITAL TRENDS DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR DIGITAL TRENDS MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE DIGITAL TRENDS ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, DIGITAL TRENDS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
WITHOUT LIMITING THE FOREGOING, DIGITAL TRENDS DOES NOT GUARANTEE THE ACCURACY OF ANY RECOMMENDATIONS OR OPINIONS PROVIDED THROUGH THE SERVICES (“RECOMMENDATIONS”). YOU ARE SOLELY RESPONSIBLE FOR THE USE OF, OR RELIANCE ON, SUCH RECOMMENDATIONS.
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Digital Trends and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration agreement. In addition, arbitration precludes you from suing in court or having a jury trial.
No Representative Actions. You and Digital Trends agree that any dispute arising out of or related to these Terms or our Services is personal to you and Digital Trends and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
Arbitration of Disputes. Except for small claims disputes in which you or Digital Trends seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Digital Trends seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Digital Trends waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Services resolved in court. Instead, for any dispute or claim that you have against Digital Trends or relating in any way to the Services, you agree to first contact Digital Trends and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Digital Trends by email at firstname.lastname@example.org or by certified mail addressed to 111 SW 5th Ave, Suite 1000, Portland, OR 97204. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Digital Trends cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may submit the dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in Multnomah County, Oregon or may be conducted telephonically or via video conference for disputes alleging damages less than $2000, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules is available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
You and Digital Trends agree that these Terms affect interstate commerce and that the enforceability of this Section 16 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The arbitrator, Digital Trends, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including, but not limited to, all information gathered, prepared and presented for purposes of the arbitration or related to the dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
You and Digital Trends agree that for any arbitration you initiate, you will pay the filing fee and Digital Trends will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, Digital Trends will pay all JAMS fees and costs. You and Digital Trends agree that the state or federal courts of the State of Oregon and the United States sitting in Multnomah County, Oregon have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or our Services must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Digital Trends will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 18 by sending an email to email@example.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 19.
If any portion of this Section 18 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 18 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 18; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 18 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 16 will be enforceable.