TERMS OF USE OF DIGIBYTE ALLIANCE

PLEASE REVIEW THESE TERMS CAREFULLLY BEFORE USING OUR WEBSITE.

By using our website (“Website”), you agree to the following Terms of Use (“Terms”).  These terms are a legal agreement between you and DigiByte Alliance that govern your use and access to the services, products, software, and websites that we provide. 

It is our understanding that you have read and understood these terms when you use the Website and the services we provide.  However, because Terms of Services can be complex, if you have any questions please contact us directly.

We may alter these Terms at any time.  We may alter this Website, including but not limited to its features and software, at any time.  You acknowledge that you accept the Terms by using the Website, and you accept any changes to the Terms by continuing to use the Website after we post the changes.

DigiByte Alliance Privacy Policy

You acknowledge that your use of the Website is further governed by the Digibyte Alliance Privacy Policy.

DigiByte Alliance Intellectual Property Rights

We own all right, title and interest in and to all Intellectual Property Rights (“IPR”), and nothing in these Terms grants or waives any of those rights.  IPR means all copywrites, patents, trademarks, service marks, trade secrets, moral rights, trade secrets, goodwill, and any other legal rights that exist now or may exist in the future, and all of their applications, registrations, renewals, and extensions, under the laws of any state, country, territory, or other jurisdiction.

The Website is owned and operated by the Digibyte Alliance. You acknowledge and agree that Digibyte Alliance owns all right, title and interest in and to the Website, including but not limited to all information, documentation, data, software, text, displays and visual interfaces, graphics, images, video, and audio, and any and all other elements of the Website, and the design, selection, and arrangement.

Publication, reproduction, retransmission, or any other uses of Digibyte Alliance’s IPR and this Website without the express written consent of Digibyte Alliance is strictly prohibited and in violation of these Terms.

Prohibited Uses

The following uses are expressly prohibited:

• Illegal Activity. 
• Fraud and Misrepresentation
• Scraping.  Including scraping, spidering, or harvesting content or personal information.
• Bad Conduct. Including anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy.
• Spam. 
• Malware and Viruses.
• Interference. Including the use of devices, systems, and software to interfere with the workings of the Website.
• Reverse Engineering. Including efforts to decipher software, source codes, or algorithms.

These uses are illustrative and exemplary, and other uses contrary to the house rules, terms, statutes, etc. are also prohibited.

Violations may result in civil or criminal liability. DigiByte Alliance reserves the right to investigate and coordinate with law enforcement any violations.

DigiByte Alliance’s Rights to Limit and Terminate Access

We may limit, suspend, alter, or terminate your access to the Website for any or no reason at any time without notice.

Other Websites

The Website may contain links to other websites (i.e. third-party websites).  If you access third-party websites, you do so at your own risk.  DigiByte Alliance has no control of third-party websites. Information you provide to others is governed under their privacy policies, if applicable, and not ours.

DigiByte Alliance’s Communications with You

We may communicate with you about the Website and our products and services, including through one or more third-party e-mail or survey services, via contact information you provide to us through the Website or other means. You consent to receive these communications from us.  If you at any time wish to opt out of these communications, please contact us.

DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT ALLOWED BY LAW, YOUR USE OF THIS SITE AND OUR SERVICES ARE PROVIDED “AS-IS” WITH NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS.

WE DO NOT WARRANT OR GUARANTEE THAT THE CONTENTS OF THE WEBSITE OR FUNCTIONS AND SERVICES ARE ACCURATE, RELIABLE, ADEQUATE, OR CORRECT; THAT THEY WILL MEET YOUR REQUIREMENTS; THAT THEY WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, WITHOUT DEFECT OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THEY ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITIES

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT DIGIBYTE ALLIANCE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ASSIGNS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES REGARDLESS OF THE LEGAL THEORY, OR WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO YOUR USE OF THIS WEBSITE AND OUR SERVICES SHALL IN NO EVENT EXCEED THE AMOUNT YOU PAID TO US FOR SERVICES DURING THE TWELVE MONTH PERIOD PRECEDING THE DATE OF YOUR CLAIM.

INDEMNIFICATION

YOU AGREE TO PROTECT, DEFEND, INDEMNIFY AND HOLD DIGIBYTE ALLIANCE AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ASSIGNS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, LIABILITIES, JUDGMENTS, PENALTIES, LOSSES, COSTS, DAMAGES AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES FOR LITIGATION AND/OR ARBITRATION) RELATED TO OR ASSOCIATED WITH YOUR USE OF THE WEBSITE SUFFERED OR INCURRED BY US, INCLUDING, WITHOUT LIMITATION, ANY CLAIM ARISING FROM:

• ANY ACTUAL OR ALLEGED BREACH OF YOUR OBLIGATIONS UNDER THESE TERMS OR THE TERMS CONTAINED IN OUR PRIVACY POLICY;
• YOUR ACCESS OR USE OF THE WEBSITE AND ANY SERVICES;
• YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY RIGHT OF PRIVACY, PUBLICITY RIGHTS OR INTELLECTUAL PROPERTY RIGHTS;
• YOUR VIOLATION OF ANY LAW, RULE OR REGULATION OF THE UNITED STATES OR ANY OTHER COUNTRY;
• ANY OTHER PARTY’S ACCESS AND/OR USE OF THE WEBSITE AND ITS FUNCTIONS AND SERVICES WITH YOUR UNIQUE NAME, PASSWORD OR OTHER SECURITY CODE;
• ANY COPYRIGHT INFRINGEMENT CLAIMS THAT MAY ARISE FROM OUR USE OF LEGAL DOCUMENTS OR OTHER MAIL ON YOUR BEHALF;
• THE FAILURE OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO THE UNITED STATES POSTAL SERVICE OR ANY COMMERCIAL DELIVERY OR COURIER SERVICE, TO PROVIDE DELIVERY OR COURIER SERVICES ACCURATELY AND ON TIME;
• ANY LOSS, DAMAGE OR DESTRUCTION OF YOUR LEGAL DOCUMENTS BY ANY CAUSE WHATSOEVER;
• OUR BEING NAMED AS A DEFENDANT IN AN ACTION BASED ON OUR STATUS AS YOUR REGISTERED AGENT; AND
• ANY CLAIMS OR ACTION BROUGHT AGAINST US RELATING TO YOUR FAILURE TO MAINTAIN UPDATED INFORMATION ON ANY OF OUR WEBSITES.

CHOICE OF LAW AND FORUM

YOU AGREE THAT YOUR ACCESS TO AND USE OF THE WEBSITE WILL BE GOVERNED BY AND WILL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF WYOMING WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAWS. YOU AGREE THAT ANY CLAIM OR DISPUTE AGAINST US ARISING OUT OF OR RELATING TO THE WEBSITE MUST BE RESOLVED BY A STATE OR FEDERAL DISTRICT COURT LOCATED IN WYOMING, UNLESS AGREED UPON IN WRITING BY ALL PARTIES.

OTHER TERMS

THESE TERMS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND US, SUPERSEDING ANY PRIOR OR CONTEMPORANEOUS COMMUNICATIONS AND PROPOSALS (WHETHER ORAL, WRITTEN OR ELECTRONIC) BETWEEN YOU AND US, REGARDING THE SUBJECT MATTER HEREOF. IN THE EVENT THAT ANY PROVISION OF THESE TERMS IS HELD UNENFORCEABLE, IT WILL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINING PROVISIONS AND WILL BE REPLACED BY AN ENFORCEABLE PROVISION THAT COMES CLOSEST TO THE INTENTION UNDERLYING THE UNENFORCEABLE PROVISION. YOU AGREE THAT NO JOINT VENTURE, PARTNERSHIP, EMPLOYMENT, OR AGENCY RELATIONSHIP EXISTS BETWEEN YOU AND US AS A RESULT OF THESE TERMS OR YOUR ACCESS TO AND USE OF THE WEBSITE. OUR FAILURE TO ENFORCE ANY PROVISIONS OF THESE TERMS OR RESPOND TO A VIOLATION BY ANY PARTY DOES NOT WAIVE OUR RIGHT TO SUBSEQUENTLY ENFORCE ANY TERMS OR CONDITIONS OF THE TERMS OR RESPOND TO ANY VIOLATIONS. NOTHING CONTAINED IN THESE TERMS IS IN DEROGATION OF OUR RIGHT TO COMPLY WITH GOVERNMENTAL, COURT, AND LAW ENFORCEMENT REQUESTS OR REQUIREMENTS RELATING TO YOUR USE OF THE WEBSITE OR INFORMATION PROVIDED TO OR GATHERED BY US WITH RESPECT TO SUCH USE.

PRIVACY POLICY OF DIGIBYTE ALLIANCE

We, at DigiByte Alliance, want you to know your rights to your information, what you can expect from us, and the protection of your information while you are using our website.

Here is what you should know about the information:

We do collect information

We request information from you to fulfill orders, provide products and services, and to tailor our advertising to the specific needs of buyers and users. The information you provide also helps us to provide our terms of services, improve our websites, offer products and services, manage your account, analyze use of our website, and provide protection against fraud. We may share non-personal information with advertisers and others.

Information that is collected and where it is stored

The information that is collected may include personally identifying information such as name, email address, user name, passwords, and other non-identifying information such as your interests and activities, gender or age. (See Wyo. Stat. § 40-12-501). This information may be stored at our secure servers in Wyoming or may be stored in other secure storage locations.

We will not share the information you provide with any third-party without your consent.

Cookies

We use cookies and other technologies to receive and store certain information whenever you interact with us or third-parties that use our services. This information helps us recognize you, create a customized experience for you, and tailor marketing messages to your preferences. Examples of this information might include ads or articles you click on, type of browser you use, search terms, and geographic location.

Minors

This Website and the services we provide are not intended for children under the age of 18 years. We do not intentionally collect information from minor children who are under the age of 18 years. Our website is not designed to attract children to use it, however we also cannot prevent them from accessing the website in the same way that a parent can restrict and monitor the use of the internet by their child.

Sharing information with third-parties

We do not sell your information to third parties.

When using our website, if you post information about yourself or others, we cannot control who reads your posts or what they do with any information you share.

In the event of a security breach, we are required by Wyoming state law to comply with requests from the Attorney General for information which may include our user’s information (Wyo. Stat. § 40-12-502). We may be required to disclose information including but not limited in the following instances:

1. If required to do so by law, court order, or subpoena, or as requested by other government, law enforcement, or investigative authority;
2. If we in good faith believe that disclosure is necessary or advisable, including without limitation to protect our rights or properties;
3. If we have reason to believe that disclosing your personal information is necessary to identify, contact, or bring legal action against someone who may be causing interference with our rights or properties, or has breached an agreement, or if anyone else could be harmed by such activities or interference;
4. If we recognize that an ad violates our terms of use or the rights of a third party; and / or
5. If we believe there is an emergency involving personal danger.

We collect information to communicate with you

Occasionally, we will send you information and announcements about our Website and our services. Opting out of ongoing email communication from our organization is always your choice. You can opt out by directly contacting us or through other means that we provide.

E-Commerce

We use secure processes intended to protect user information and maintain security of data. A unique username and password is assigned to each account-holder, which is required to access their account. It is the user’s responsibility to protect the security of this login information. 

The commercial transactions that occur on the Website are processed securely in order to make every reasonable effort to insure that your personal information is protected in accordance with Wyo. Stat. § 6-3-901. Any transactions that take place on other sites that have links from the Website are not necessarily handled in this fashion. We disclaim any responsibility for transactions conducted on those sites and cannot vouch for the security of the information submitted in those transactions. 

We have taken measures to secure our servers by locating them in areas with security procedures, using firewalls, and implementing other available security technologies. These safeguards help prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of data, but no guarantee can be made that your information and data will be secure from intrusions and unauthorized release to third-parties. 

 Links to other Sites

Our Website sometimes provides links to other websites maintained by other organizations. We provide these links as a convenience to users, but it does not operate, control or endorse such sites. We disclaim any responsibility for the information on those sites and any products or services offered there, and cannot vouch for the privacy policies of such sites (if any). We do not make any warranties or representations that any linked sites (or even the Website) will function without error or interruption, or that defects will be corrected. 

Acceptance of Privacy Policy

By using our Website and Services, you signal your acceptance of this Privacy Policy. If you change your mind, or do not agree with our Privacy Policy described here, you may discontinue use of our Website and Services.

Last Updated: November 2021