Terms of Use – Digital Convergence Website Rules & Policies

Digital Convergence Canada, along with its affiliates including Digital Convergence USA Inc. (collectively referred to as “Digital Convergence” or “we”) provides content on www.digitalconvergence.io (“Website”) to users (“you”) subject to the following terms and conditions (the “Terms”).

Accessing, browsing, and/or using this Website means that you have read, understood, and agree to be bound to these Terms and Digital Convergence’s Privacy Policy. Our Privacy Policy explains the policies and procedures related to the collection, use, and storage of your information. Please read our Privacy Policy. We may periodically change the Terms without prior notice. These Terms were last updated on May 26, 2023.

TL:DR: When you use our website, you’re agreeing to follow our Terms and Privacy Policy, which explain how we handle your information. We might update these Terms from time to time, so check back for any changes – the latest update was on May 26, 2023.

Copyrights and Use of Website Content

The copyright in all features, functionality, and content on the Website are the exclusive property of Digital Convergence or our licensors and is protected by Canadian and international copyright laws. Website content includes software, algorithms, tools, interfaces, videos, audio recordings, text, graphics, images, artworks, photographs, logos, and icons, along with the selection and arrangement of such content and any works derived from them.

Except for the uses specified under the Use of Website section of this page, the Website’s content, features, functionality, and the Website itself may not be copied, reproduced, distributed, republished, modified, altered, archived, decompiled, reverse engineered, translated, scraped, mirrored, framed, and/or transmitted in any way without the express written permission of Digital Convergence or that of the copyright owner for each instance.

Digital Convergence permits links to the Content on the Website, provided that such links or other use of the Website and its content do not (1) suggest that Digital Convergence promotes or endorses any third party’s causes, ideas, political campaigns, websites, products, or services, (2) copies, reproduces, distributes, republishes, modifies, alters, mirrors, frames, and/or transmits the Website’s content in any way without the express written permission of Digital Convergence, (3) uses the Website’s content for commercial purposes. Digital Convergence does not permit links to the Content on the Website where the linking party engages in any prohibited or unlawful conduct. We reserve the right to withdraw permission for any link to our Website’s content at any time. All rights not expressly granted are hereby reserved.

Subject to your full and ongoing compliance with these Terms, Digital Convergence grants you a limited, non-exclusive, non-transferable, revocable license to view the Website’s content, download and print a single copy of the content on any single computer, for your internal business use, or for your own lawful, personal, noncommercial use, provided that you maintain all copyrights and trademarks in such content and that you do not modify any part of the content including creating any derivative works thereof.

You acknowledge and agree that you are solely responsible for ensuring that any information or content obtained from the Website does now contain any virus or other computer software code or subroutine designed to disable, erase, impair, or damage your systems, software, data, or operations.

TL:DR: Everything on our website – text, images, videos, software and more – belongs to us or our licensors and is protected by copyright. You can look at it, download a single copy for personal or business use, and link to it (as long as you’re not misrepresenting us or using it commercially). But you can’t copy, modify or distribute anything without our written permission. Also, it’s up to you to make sure anything you download is safe for your own systems.

Trademarks

The trademarks, service marks, trade names, and logos (the “Trademarks”) used and displayed on the Website are the registered and unregistered Trademarks of Digital Convergence and its licensors. Except where expressly permitted by Digital Convergence or by our licensors, the Trademarks may not be used in any way, including referring to or attributing any information to Digital Convergence and its licensors in public for the purposes of advertising or promotion, or for the purpose of influencing any third party. Except where expressly permitted by Digital Convergence or by our licensors, You also may not imply endorsement by or relationship with Digital Convergence or its licensors without our express written permission or that of our licensors.

TL:DR: Our logos, names and branding belong to us or our partners. You can’t use them for advertising, promotions or to suggest we endorse something – unless we’ve given you written permission.

User Postings

You acknowledge and agree that Digital Convergence owns and has the unrestricted right to use, publish, distribute, and exploit any and all information that you post, submit, share, or otherwise publish on the Website (“Submissions”). By posting, submitting, sharing, or publishing your information on the Website, you automatically grant, and hereby do grant, to Digital Convergence a worldwide, non-exclusive, transferable, assignable, sublicensable, fully paid-up, royalty-free, perpetual, irrevocable license and right to use, reproduce, publish, distribute, modify, prepare derivative works upon, translate, and exploit such Submissions for any purpose not prohibited by applicable law. In addition, you hereby waive all claims against Digital Convergence for any actual or alleged violation of any privacy or publicity rights, moral rights or rights of attribution or infringement of intellectual property rights in any way arising from or relating to the Submissions.

Digital Convergence does not represent or endorse the accuracy or reliability of any Submissions displayed, uploaded, posted on any message board, or otherwise distributed through the Website by any Website user, information provider, or any other third party. Digital Convergence does not and cannot review all information posted to the Website by users and is not responsible for such information.

You covenant that you shall not post, submit, share, or otherwise publish on the Website any materials that (1) are threatening, libelous, defamatory, or obscene, (2) would constitute, or that encourage conduct that would constitute a criminal offense, give rise to civil liability, or violate law, (3) infringe the intellectual property, privacy, or other rights of any third parties, (4) contain a computer virus or other destructive element, (5) contain advertising, (6) constitute or contain false or misleading statements. Digital Convergence reserves the right to refuse to post and the right to remove any information, in whole or in part, for any reason.

TL:DR: When you post content on our site, you’re giving us permission to use it however we see fit – forever. We won’t claim it’s true or accurate, and we’re not responsible for what others post. Don’t post anything illegal, harmful, or infringing. We can remove content at any time for any reason.

Links to Other Sites

Our Website may contain links to third party sites that are not owned or controlled by Digital Convergence. A link to a third party website found in our content shall not be considered as an endorsement by Digital Convergence of the third party’s content or the use of their website. You acknowledge and agree that Digital Convergence shall not be responsible or liable for any damage or loss arising from or in connection with the use of or reliance on any content, goods or services available on or through these third party websites or services.

TL:DR: If we link to another website, that doesn’t mean we endorse it. We don’t own or control those sites, so if something goes wrong when you use them, we’re not responsible.

Notices of Copyright Infringement

Digital Convergence prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Website, please contact Digital Convergence at the address shown below, giving a written statement that contains (1) identification of the copyrighted work and/or intellectual property right claimed to have been infringed, (2) identification of the allegedly infringing material on the Website that is requested to be removed, (3) your name, address, and daytime telephone number, and an email address if available, (4) a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law, (5) a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed, and (6) the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right. Digital Convergence will remove any posted submission that infringes the copyright or other intellectual property right of any person under the laws of Canada upon receipt of such a statement. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.

To contact Digital Convergence for submission of notices under this section of the Terms, you may email your notice to [email protected], or send your notice by post to Digital Convergence, PO 1332, Logan Lake, British Columbia, Canada, V0K 1W0

TL;DR: Don’t post anything that infringes on someone else’s copyright or intellectual property rights. If you think your content has been used without permission on our site, let us know with a formal notice, including details about the infringement. If we confirm a violation, we’ll remove the content. Repeat offenders may be blocked from posting.

Disclaimer of Warranties

THE CONTENT AND FUNCTIONALITY OF THE WEBSITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DIGITAL CONVERGENCE AND ITS THIRD PARTY CONTENT PROVIDERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OWNERSHIP, ACCURACY, COMPLETENESS, OR ADEQUACY OF THE WEBSITE CONTENT.

DIGITAL CONVERGENCE PROVIDES THE CONTENT, FEATURES, AND FUNCTIONALITY OF THE WEBSITE PROVIDED WITH THE UNDERSTANDING THAT DIGITAL CONVERGENCE IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE OR SERVICES TO YOU, AND NONE OF OUR WEBSITE CONTENT IS INTENDED TO SERVE AS OR SHALL BE DEEMED INVESTMENT, LEGAL, TAX, ACCOUNTING OR OTHER REGULATED ADVICE. YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL REMAIN SOLELY RESPONSIBLE FOR YOUR USE OF ALL THE WEBSITE CONTENT AND ACKNOWLEDGE THAT ANY RELIANCE UPON SUCH CONTENT SHALL BE ENTIRELY AT YOUR SOLE OPTION AND RISK.

DIGITAL CONVERGENCE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION PUBLISHED ON LINKED WEBSITES CONTAINED IN ANY USER SUBMISSIONS PUBLISHED ON THE WEBSITE OR PROVIDED BY THIRD PARTIES. NEITHER DIGITAL CONVERGENCE NOR ANY THIRD PARTY CONTENT PROVIDERS NOR THEIR RESPECTIVE PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, PAST OR PRESENT OFFICERS, DIRECTORS, SHAREHOLDERS, INVESTORS, EMPLOYEES, AGENTS, REPRESENTATIVE ATTORNEYS, LICENSORS OR INFORMATION PROVIDERS SHALL BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR LOSSES ARISING OUT OF THE USE OR INABILITY TO USE THE WEBSITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

TL;DR: We provide our website and its content “as is” – no guarantees, no warranties. We’re not offering professional advice (legal, financial, tax, etc.), and any use of our content is fully at your own risk. We’re also not responsible for content on third-party links, user submissions, or any losses that may result from using our site.

Indemnification

You hereby indemnify, defend, and hold harmless Digital Convergence and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives and attorneys and their respective heirs, successors and assigns (the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by any or all the Indemnified Parties in connection with any claim arising out of or relating to your access to or use of the Website, or any breach by you of these Terms or the representations, warranties, and covenants you have made by agreeing to these Terms. You shall cooperate as fully as reasonably required in the defense of any such claim. Digital Convergence reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

TL;DR: If your use of our website causes legal trouble – for example, if you violate our terms or someone takes legal action because of something you did – you’re responsible for covering our costs, including legal fees. If a claim comes up, you’ll need to cooperate, but we reserve the right to handle the defense ourselves.

Severability and Waiver

Severability: If any provision of these Terms is held to be unlawful, void, or unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver: Any failure or delay on Digital Convergence’s part to require performance of an obligation under these Terms shall not affect Digital Convergence’s right to require such performance at any time thereafter. The waiver of a breach of these Terms shall not constitute a waiver of any preceding or subsequent breach

TL;DR: If any part of these terms turns out to be invalid or unenforceable, the rest still applies. Also, if we don’t immediately enforce a rule, that doesn’t mean we’re giving up our right to enforce it later.

Governing Law

The laws of the Province of British Columbia, Canada, shall govern these Terms and without reference to the principles of conflicts of laws thereof.