This agreement sets out the terms and conditions upon which DigiMarCon will provide your company (Content User) with the right to link to DigiMarCon Content (Agreement).
The following definitions apply unless the context requires otherwise.
Confidential Information means all information exchanged between the parties pursuant to this agreement, but does not include information that:
Content User Site means the company web site.
Effective Date means the date of this Agreement. This will be the date on which DigiMarCon provides the Content User with a user name and password.
Internet means the worldwide connection of computer networks providing for the transmission of electronic mail, on-line information and file transfer protocol.
Link means a hypertext link connecting the Content User Site to other Websites.
DigiMarCon Content means the content made available to the Content User as specified in The Application.
Website means a web site accessible on the Internet.
Term means the term specified in clause 2 of this Agreement.
User means a person who uses the Internet to access the Content User Site.
2.1 DigiMarCon will allow Content User to provide Links from the Content User Site to the DigiMarCon Content. This right is non-exclusive and non-transferable.
2.2 DigiMarCon branded headline categories may be displayed by linking directly to DigiMarCon website; or, through opening a new browser.
2.3 The look and feel of the section of the Content User Site containing the Links to DigiMarCon Content must be approved by DigiMarCon in writing prior to the Links going live. Look and feel includes, without limitation:
2.4 Content User must not charge Users for access to DigiMarCon Content.
2.5 DigiMarCon Content accessed from or Linked to the Content User Site must be shown in its entirety as a full page, eg. The Content User must not frame or change in any way the display of the DigiMarCon Content or strip the DigiMarCon Content of advertising components.
2.6 DigiMarCon Content shall be hosted by DigiMarCon at all times on DigiMarCon’ servers.
2.7 Upon notice from DigiMarCon, Content User must immediately remove DigiMarCon’ names, DigiMarCon’ trademarks, DigiMarCon Content or Links to DigiMarCon Content from the Content User Site if DigiMarCon in its sole discretion requires such removal.
2.8 All costs associated with Linking to DigiMarCon Content will be borne by Content User.
2.9 Content User may access the headline feeds via an administration tool maintained by DigiMarCon. This administration tool will comprise a headline directory and is accessible by using DigiMarCon issued user name and password. This user name and password is to be used exclusively by the Content User and shall not be supplied by the Content User to a third party.
2.10 DigiMarCon will endeavour to notify Content User of planned server outages in advance. However, DigiMarCon takes no responsibility for any consequences to external sites because of outage, bug or breakage of any kind.
If technical problems or server outage should cause the headline feed to not operate for whatever period of time, DigiMarCon takes no responsibility for any damage incurred by the Content User. This includes diminished traffic and pages loading incorrectly on the Content User Site.
3.1 Content User warrants and represents that:
the Content User Site and any material on the Content User Site will not:
Content User has the right to enter into and fully perform its obligations under this Agreement.
Content User and the Content User Site will not infringe any intellectual property right or other right of any person.
Content User will not make any public statement, press release or other announcement relating to the terms or existence of this Agreement without DigiMarCon’ prior approval.
3.2 DigiMarCon warrants and represents that it has the right to enter this Agreement and grant Content User the rights under this Agreement.
3.3 DigiMarCon retains all intellectual property rights in its names, trademarks, logos and DigiMarCon Content. DigiMarCon reserves exclusively to DigiMarCon and DigiMarCon’ successors, licensees and assigns all rights and uses in and to DigiMarCon’ intellectual property, in all media, whether now or hereafter known or in existence.
3.4 Content User will not store, reproduce, alter, transmit, make available, communicate or publish the DigiMarCon names, DigiMarCon trademarks, DigiMarCon logos or DigiMarCon Content subject to the limited use expressly permitted under this Agreement.
3.5 In the event of any claim against DigiMarCon or Content User alleging that Content User or the Content User Site infringes any intellectual property or other right of any person or any law, then Content User must defend or settle the claim entirely at its expense and indemnify DigiMarCon against all damage, loss, costs and expense and all liability arising out of the claim.
Either party may by notice in writing terminate this Agreement immediately if the other party:
DigiMarCon may terminate this Agreement by providing Content User with written notice of one (1) week.
This Agreement may not be amended except in writing signed by a duly authorised representative of each party.
No right under this Agreement shall be taken to be waived except by notice in writing signed by the party entitled to waive such right.
Each party to this Agreement shall keep the terms of this Agreement confidential and hold in strict confidence all Confidential Information of the other party that it learns or is provided with and use such Confidential Information only for the purposes of this Agreement. Each party must ensure that all third parties to whom it discloses Confidential Information of the other party in order to perform its obligations under this Agreement acknowledge its confidential nature and agree to be bound by the provisions of this clause in a written undertaking. Upon termination of this Agreement for any reason, or upon the request of the other party, a party shall promptly deliver to the other party all Confidential Information of the other party.
Content User must not make any press or another announcements or releases relating to this Agreement or include DigiMarCon in its client list without DigiMarCon’ prior written consent.
Content User shall not assign or sub-licence this Agreement or its rights under this Agreement.
This Agreement is governed by the laws in force in the State of Delaware, United States of America, and the parties submit to the non-exclusive jurisdiction of Courts of the State of Delaware.
This Agreement constitutes the entire agreement between the parties concerning its subject matter and supersedes all previous agreements, understandings, proposals, representations and warranties relating thereto.
This Agreement may be signed in any number of counterparts. All counterparts taken together constitute one instrument. A party may sign this Agreement by signing any counterpart. A party may sign this Agreement, or any counterpart, by facsimile, and the facsimile shall be accepted as an original.
DigiMarCon is the Largest Digital Marketing, Media and Advertising Conference & Exhibition series in the world, with annual events held in all continents (North America, Latin America, Europe, UK, Asia Pacific, Middle East and Africa) in 13 countries (United States, Canada, Australia, New Zealand, United Kingdom, Ireland, Netherlands, Spain, Brazil, Singapore, India, United Arab Emirates and South Africa), across 33 cities (New York, Philadelphia, Boston, Toronto, Vancouver, Montreal, Houston, Dallas, Chicago, Los Angeles, San Francisco, Seattle, Washington DC, New Orleans, Atlanta, Detroit, Miami, Denver, San Diego, Phoenix, Las Vegas, Honolulu, London, Dublin, Amsterdam, Barcelona, Johannesburg, Cape Town, Dubai, Sydney, Auckland, Singapore and Sao Paulo). All DigiMarCon Events can be attended in-person or online. Wherever you are located there is a regional DigiMarCon event nearby you can attend.
DigiMarCon Conferences are held in top luxury 5-star event venues across the world such as; Royal Caribbean Cruise Ships, Olympic Stadiums, Marina Bay Sands Expo & Convention Centre and Wynn, JW Marriott, Marriott Marquis, Hyatt Regency, InterContinental, The Westin, Renaissance, Hilton, Conrad, W, Sheraton, Loews and Sofitel Hotel properties. Discount hotel room rates at each venue hotel means no hassle getting to and from the venue each day.
Building relationships matter! At DigiMarCon Conferences we have more networking breaks on our program than others. On average there are 8 Networking breaks at each event giving delegates ample opportunities in a relaxed atmosphere to meet others over the 2-days at the event; from 1-hour round table networking luncheons to 3-hour dinner receptions. These networking breaks are set in picturesque locations to facilitate memorable experiences while fostering new relationships. Such experiences include enjoying cocktails and the Sunset over the Pacific Ocean on a private Ocean Terrace in Santa Monica, to being on the Sydney Olympic Stadium playing arena at night enjoying cocktails under the lights, to dining at the 360 Revolving Restaurant at the top of the CN Tower in Toronto for a Dinner Reception, enjoying cocktails on a private promenade overlooking Times Square in New York City, or having fun at the Dazzles Night Club onboard the Royal Caribbean Oasis of the Seas for a Farewell Party, etc.
DigiMarCon Keynotes, Panels and Master Classes are facilitated by the foremost thought leaders in the industry, from celebrity social media influencers to CMO’s from the largest Fortune 500 company brands that are disrupting the digital marketing, media and advertising industry, such as Google, Facebook, Microsoft, Amazon, Oracle, Adobe, eBay, Netflix and more. All presentations are pitch-free, and include actionable takeaways, case studies, strategies and tactics, ready to be applied when back in the office.
At DigiMarCon Conferences you are never ‘left in the dark’…. literally, in a large room far away from the stage and speakers, crushed in tight theater seating, without even a table, while sitting in the dark. At DigiMarCon all delegates have premium meeting space in luxurious ballroom well-lit spaces, with comfortable seating with table enabling delegates to use their laptop to take notes with ample charging facilities onsite in a comfortable space to learn and thrive. All tables are situated close with direct view of the stage.
DigiMarCon Conferences are affordable to attend, from single-day event passes up to two-day VIP options at a fraction of the cost of other industry events. We offer significant discounts for early bird registrations. Additionally, on top of time-limited discount pass rates, because budgets are tight, we want to make sure all groups have a chance to attend DigiMarCon. For government employees, students, academic, startups, non-profit organizations and teams, we offer generous discounts off the prevailing registration price.
Attend DigiMarCon and you become part of the show! DigiMarCon Conferences tap into the talent of the room, drawing from the knowledge and experience of the professionals in the audience. All DigiMarCon events include regular interactive question and answer sessions with speakers and the audience ideal for collaboration, audience polls, along with ice-breaker and group exercises, steered by charismatic Emcees.
DigiMarCon Conferences put you right up and close with the speakers giving you the opportunity to meet these social media influencers which you follow in person. Speakers are never hidden in private speaker rooms away from the audience, they are in the auditorium sitting right beside you and participating.
Attending a conference is a well-researched decision. There are many factors to consider such as location, time, venue, cost, speakers, content, etc. At DigiMarCon our results-obsessed Customer Service team are at your service before, during and after the event to help with your needs. It’s at the core of what we do — it drives our business. Offsite, we are ready to assist you via phone, ticket or chat. Onsite at our Conferences, friendly DigiMarCon staff serve as your hosts. They welcome your input and are happy to assist you.
At all DigiMarCon Conferences is the co-located exclusive event TECHSPO Technology Expo, which showcases the new generation of technology and innovation, including; AdTech, MarTech, Internet, Mobile and SaaS technologies. Be inspired, amazed and educated on how these evolving technologies will impact your business for the better. Unlimited Access to TECHSPO Technology Expo is included with all DigiMarCon passes.
DigiMarCon All Access & VIP Passes include a 12-month on demand access to hundreds of hours of DigiMarCon speaker keynotes, panels and master class presentations from recent DigiMarCon Conferences, including videos, slide decks and key takeaways, available on demand so you can watch what you want, when you want.
Attendees of DigiMarcon Conferences gain membership to an exclusive global Digital Marketing, Media and Advertising Community of over 500,000 worldwide subscribers to our award-winning digital marketing blog and over 100,000 members to the International Association of Digital Marketing Professionals (visit https://iadmp.org). This global community comprises of innovators, senior marketers and branders, entrepreneurs, digital executives and professionals, web & mobile strategists, designers and web project managers, business leaders, business developers, agency executives and their teams and anyone else who operates in the digital community who leverage digital, mobile, and social media marketing. We provide updates to the latest whitepapers and industry reports to keep you updated on trends, innovation and best practice digital marketing.
The events industry has forever changed in a world affected by COVID-19. The health and safety of our guests, staff and community is our highest priority and paramount. The team at DigiMarCon is dedicated to ensuring a great experience at our in-person events, and that includes providing a safe, clean and hygienic environment for our delegates. Some of the key areas we have implemented safe and hygienic measures include;
DigiMarCon has always been industry leaders of the Hybrid Event experience for years (a hybrid event combines a "live" in-person event with a "virtual" online component), no one needs to miss out on attending our events. Each DigiMarCon Conference can be attended in-person (with a Main Conference, All Access or VIP Pass) or online (with a Virtual Pass) giving attendees a choice for the experience they want to have. Attending virtually by viewing a Live Stream or On Demand enables participation by people who might be unable to attend physically due to travel or time zone constraints or through a wish to reduce the carbon footprint of the event. If you would like to meet the speakers, network with fellow marketing professionals at refreshment breaks, luncheons and evening receptions, check out the latest Internet, Mobile, AdTech, MarTech and SaaS technologies providers exhibiting then it is highly recommended to attend DigiMarCon in-person. As the largest Digital Marketing, Media and Advertising Conference series with events in 33 international cities worldwide, across 13 countries, there is bound to be a DigiMarCon Event near you to attend in-person if you can.
DigiMarCon Conference Series is the annual gathering of the most powerful brands and senior agency executives in your region. The Sharpest Minds And The Most Influential Decision Makers - Together for Two Days.
Who Attends Our Conferences
Brands • Agencies • Solution & Service Providers • Media Owners • Publishers • Entrepreneurs • Start-Ups • Investors • Government • Corporates • Institutes of Higher Learning
This page will answer many of the questions you may have about DigiMarCon Canada 2022.
DigiMarCon Canada 2022 takes place from May 12th to 13th, 2022 at the Toronto Marriott Downtown Eaton Centre Hotel, Toronto, ON. Click here for travel details.
Toronto Marriott Downtown Eaton Centre Hotel Address:
525 Bay Street
Toronto, ON M5G 2L2
From Billy Bishop Toronto City Airport (YTZ):
From Toronto Pearson International Airport (YYZ):
From John C. Munro Hamilton International Airport (YHM):
On-site parking, fee: 7 CAD hourly, 35 CAD daily
Valet parking, fee: 45 CAD daily (subject to change).
Here’s the high-level schedule (note: all times are Eastern Daylight Time):
Friday, May 16, 2019
9:00am - 9:45am: Registration Check-in, Welcome Refreshments & Networking
9:45am - 12:00pm: General Session
12:00pm – 1:00pm: Networking Luncheon
1:00pm – 3:00pm: General Session
3:00pm – 3:40pm: Refreshments & Networking
3:40pm – 5:00pm: General Session
5:00pm – 5:30pm: Charter Bus to Distillery District
5:00pm – 9:00pm: Welcome Dinner Reception
7:30pm – 9:00pm: Charter Bus to Toronto Marriott Downtown Hotel
Friday, May 17, 2019
9:00am - 9:45am: Registration Check-in, Welcome Refreshments & Networking
9:45am – 12:30pm: Master Classes
12:30pm – 1:30pm: Networking Luncheon
1:30pm – 3:30pm: Master Classes
3:30pm - 5:30pm: Farewell Cocktail Reception
Regular price is $797 (CAD) for a main conference access. We are also offering an All Access Pass, which includes the main conference, all Master Classes, Welcome and Farewell Cocktail Receptions and Video on Demand, for $1,097 (CAD). Last but not least we have a Virtual Pass/Video On Demand (VOD) option for those who can’t make the conference for $347 (CAD). For more information about pricing and the different passes available please click here.
Your completed Main Conference Pass registration provides you the following:
Your completed All Access Pass registration provides you everything included in the Main Conference Pass plus the following:
Your completed VIP Pass registration provides you everything included in the All Access Pass plus the following:
The following forms of payment are accepted: American Express, Visa, MasterCard, and PayPal. Payment is required to complete your registration.
Absolutely! Bring as many colleagues as you’d like! Register FOUR or more people from the same company simultaneously to receive $200 discount off the prevailing registration price for each member of your group.
There are just a few simple Group Registration rules:
More details about Group Rates here.
Academic, Government, Military & Non-Profit discount rates at DigiMarCon Canada 2022 apply to current full-time employees of academic institutions, federal, state or local government agencies, international government agencies, active military and non-profit organization employees only.
More details about Discount Rates here.
Conference attire is business casual for all events, including the evening events. We do recommend bringing a sweater or light jacket with you since personal preferences vary regarding room temperature.
All attendees at the conference and networking events must be registered attendees who purchased tickets.
You may send a substitute in your place at any time. All such requests must be submitted by email to registration[at]digimarcon.com (replace at with @). Only requests made by the original registrant will be honored.
You may cancel your participation in DigiMarCon Canada 2022 at any time, but please be aware of the following cancellation policy listed below.
Registration cancellations received 90 days prior to the Conference incur a 25% processing/administrative fee. Refunds will be issued within 30 days after event. If you must cancel for any reason, notify our registration department by 90 days prior to the Conference. Cancellations less than 90 days prior to the Conference are non-refundable. Substitutions allowed prior to 90 days prior to the Conference with written or Faxed authorization only. No substitutions less than 90 days prior to the Conference. Cancellations less than 90 days prior to the Conference are non-refundable for any reason, including, but not limited to, failure to use DigiMarCon credentials due to illness, acts of God, travel-related problems, acts of terrorism, loss of employment and duplicate purchase. DigiMarCon will not issue refunds for badges that have been revoked.
Unused registrations/applications have no monetary value and cannot be credited to future years or events. DigiMarCon will not issue refunds or credits due to failure to redeem a discount coupon during the registration process. Discounted prices are based on the date payment is received in the DigiMarCon office. Reselling DigiMarCon Canada 2022 registrations is not permitted.
Yes, international attendees are welcome at each of our conferences.
Yes, this is often requested for International Attendees. After you have registered, send a letter request email to [email protected] and provide your address, company name, company title and passport information to be included in the invitation letter.
You can request a cancellation at any time. Refer to our refund policy for refund eligibility criteria.
The official conference hotel to stay in Toronto is;
Toronto Marriott Downtown Eaton Centre Hotel
525 Bay Street
Toronto, ON M5G 2L2
Hotel Booking Instructions
To book a room at Toronto Marriott Downtown Eaton Centre Hotel follow the instructions below;
Call 1-800-228-9290, ask for reservations, give group name ‘DigiMarCon Canada 2022’ and arrival date and book.
Yes, DigiMarCon will send emails periodically to update you on the agenda, event happenings and logistics. Please make sure that the email address registration[at]digimarcon.com (replace at with @) is in your safe senders list to ensure you are receiving all important event information.
There are a limited number of sponsored keynote speaking spots still available during the conference. Please contact Aaron Polmeer, aaron[at]digimarcon.com (replace at with @), if you are interested in this opportunity.
Sessions may be audio recorded without special permission for personal use only. They cannot be placed online or transmitted to others without permission.
Sessions may be videoed only with special permission for personal use and also cannot be placed online or transmitted to others. Short audio and video clips may be used for blogging and press coverage of sessions. As a general guide, non-contiguous clips of one minute or less should be used. Contact us if you need guidance about longer clips.
I. INFORMATION COLLECTED BY DigiMarCon OR ON DigiMarCon BEHALF
Personally identifiable information (Personal Information) is information that can be used to identify or contact you. We collect the Personal Information that you provide to us in two general and distinct ways: (1) when you choose to purchase various services or products offered by DigiMarCon and/or its affiliated business partners, or (2) when you choose to participate in surveys or send e-mails to DigiMarCon. This Site is not intended for use by persons under eighteen (18) years of age. DigiMarCon does not knowingly collect Personal Information from or about children under the age of eighteen (18).
We collect anonymous, non-confidential, and non-personal information when you use our site, send us e-mails, or respond to special promotions or newsletters that we may send to you from time to time. For example, cookies are small computer files that we transfer to your computer's hard drive that allow us to know how often someone visits a site and the activities they conduct while on that site (such as the chat rooms you visited, whether you submitted orders for services or products, etc.). Every computer is assigned a different cookie by DigiMarCon. The information collected by cookies helps us dynamically generate advertising and content on web pages or in e-mails specifically designed for you and also allows us to statistically monitor how many people are using our site and selected affiliated business partners sites, or are opening our e-mails. We may use cookie information to target certain advertisements to your browser or to determine the popularity of certain content or advertisements. It may be possible to link non-personal cookie information to Personal Information collected. You may be able to turn off cookies in your browser, but this may hinder our ability to provide you with certain services or your ability to enjoy certain features of the Site.
In limited circumstances we also may use "web beacons" to collect anonymous, non-personal information about your use of our Web site and the sites of selected affiliated partners, and your use of e-mails, special promotions or newsletters we may send to you from time to time. Web beacons are tiny graphic image files imbedded in a web page or e-mail that provide a presence on the web page or e-mail and send back to its home server information from the Users' browser. The information collected by web beacons allows us to statistically monitor how many people are using our site and selected affiliated business partners sites, or are opening our e-mails, and for what purposes. It may be possible to link non-personal web beacon information to Personal Information collected.
As noted in the discussions of cookies and web beacons (see above), we collect anonymous, non-personal information about your use of e-mails and newsletters that we may send to you from time to time. In some cases, when you click on a link or an advertisement in an e-mail or newsletter, your browser may be momentarily directed to the site of a third party which, acting on DigiMarCon behalf (see Disclosure to Web site Service and Content Contractors, below), notes or "counts" your response to the e-mail or newsletter before re-directing your browser to its proper destination. This re-direction process will not be apparent to you.
II. DISCLOSURE OF YOUR INFORMATION
Except as set forth in this Section II, or as specifically agreed to by you, DigiMarCon will employ best efforts to not use or disclose any Personal Information it gathers from you unless reasonably required in order to answer your questions, provide products and/or services you may request or purchase from DigiMarCon (such as, information we need to share with our credit card internet gateway), or to comply with governmental or internal record-keeping requirements as reasonably required. We may release Personal Information to third parties: (1) to comply with valid legal requirements such as a law, regulation, search warrant, subpoena or court order; or (2) in special cases, such as a financial threat to you or others. In the event that we are legally compelled to disclose your Personal Information to a third party, we will notify you unless doing so would violate the law or court order.
DigiMarCon operations and maintenance contractors may sometimes have limited access to your Personal Information in the course of providing products or services to DigiMarCon. These contractors include vendors and suppliers that provide us with technology, services, and/or content related to operation and maintenance of our Web site. These contractors also may have access to your e-mail address to send newsletters or special promotions to you on our behalf or to send e-mails to you for purposes such as conducting market research on our behalf. Access to your Personal Information by these contractors is limited to the information reasonably necessary in order for the contractor to perform its limited function for DigiMarCon.
DigiMarCon may provide to third parties non-personal information about you that does not allow you to be identified or contacted and that is combined with the non-personal information of other users ("Aggregate Information"). For example, we might inform third parties regarding the number of users of our site and the activities they conduct while on our site. We might also inform a company that performs services or that provides products and/or services to DigiMarCon (that may or may not be a DigiMarCon business partner or an advertiser on our site) that "50% of our users live in the USA" or that "85% of our users have purchased products and/or services which can be downloaded from DigiMarCon Web site." Depending on the circumstances, we may or may not charge third parties for this Aggregate Information. We may not limit the third parties' use of the Aggregate Information.
DigiMarCon wants your Personal Information to remain as secure and accurate as possible. We implement appropriate measures and processes to protect your Personal Information and maintain its quality, such as encryption. Although we make reasonable efforts to protect your Personal Information from loss, misuse, or alteration by third parties, you should be aware that there is always some risk involved in transmitting information over the Internet. There is also some risk that thieves could find a way to thwart our security systems.
You will be given the option to opt in or sign up for recurring informational/promotional e-mails from DigiMarCon and/or third parties. You may opt out of receiving e-mails from or on behalf of DigiMarCon. You may opt out of receiving these e-mails and newsletters at any time. When you have received a newsletter you wish to stop, click on the "reply" button in your mail program, then type in the word "UNSUBSCRIBE" in the "Subject" field and send. DigiMarCon Customer Service will unsubscribe you.
You may also have the option of receiving e-mails or newsletters from third parties, participating in research or marketing surveys and participating in other activities. You may exercise these options by placing a check mark beside a statement that expresses a preference for receiving these communications or participating in these activities. You may change your decision at any time by following the directions regarding how to unsubscribe from these e-mails or newsletters.
This privacy statement applies only to the Site. The DigiMarCon Web site does contain links to other sites. Once you enter another Web site (whether through an advertisement, service, or content link), be aware that DigiMarCon has no control over and is not responsible for the privacy practices of such other sites. We encourage you to look for and review the privacy statements of each and every Web site that you visit through a link or advertisement on DigiMarCon Web site or any site that collects Personal Information from you.
You can always contact us in order to (1) delete your Personal Information from our systems, (2) update the Personal Information that you have provided to us, and (3) change your preferences with respect to marketing contacts or other activities, by e-mailing us at [email protected] Such changes will not have any effect on other information that DigiMarCon maintains. If you have a complaint or problem you may e-mail us at [email protected] and the customer service department will forward your complaint to the appropriate internal DigiMarCon department for a response or resolution. We try to answer every e-mail in a timely manner but are not always able to do so.
You should be aware that it may not be technologically possible to remove each and every record of the information you have provided to DigiMarCon from our servers. The need to back-up our systems to protect information from inadvertent loss means that a copy of your Personal Information may exist in a non-erasable form that may be difficult or impossible for us to locate. Nevertheless, upon receiving your request, we will endeavor to delete all Personal Information stored in the databases we actively use for research and daily business activities, as well as other readily searchable media.
Certain Products and Services available on or through this Site are available only to persons who have purchased or subscribed to them under a paid or trial subscription agreement with Company or one of its affiliates (the "Subscribers") or persons invited by Company or one of its affiliates to evaluate such Products and/or Services, or who have requested the right to perform such an evaluation.
In addition to the Products and Services offered by Company, this Site also advertises, offers, or makes available information, products and/or services provided by third parties (collectively, the "Third Party Materials"). Third Party products and/or services are governed by separate agreements or licenses with the Third Parties. Company offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Materials, including any liability resulting from incompatibility between Third Party products and/or services and the products and/or services provided by Company. You agree that you will not hold Company responsible or liable with respect to the Third Party Materials or seek to do so.
Use of Site Materials. Except as may be indicated to the contrary elsewhere on this Site, you may view, download, and print the Site Materials available on this Site subject to the following conditions:
Important Exceptions: Various sections of the Site (such as, by way of example only, demonstrations which show the use and/or utilization of Company Products and/or Services in the movie production industry, or showcase the work of creative professionals) belong to their creators (the "Third Party Content"), may be protected by copyright or other proprietary laws, and are for display and demonstration purposes only. Accordingly, you may not download, use, copy or print Third Party Content unless there is a notice associated with the Third Party Content work expressly permitting downloading, use, copy and/or printing. The rights specified above i.e., the right to view, download, and print the Site Materials and Third Party Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by copyright and other laws and may not be copied, reproduced or imitated in whole or in part.
Trademark Information. The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of Company or third parties. You are not permitted to use the Marks without the prior written consent of the owner of the Mark. DigiMarCon is a trademark of Company.
Submission of Information. Information submitted through this Site may be accessed and used by a Company service provider. Although Company and Company's service provider (Paypal, Inc) each take certain steps in an effort to protect the electronic transmission of credit card numbers or social security numbers ("Financial Information") that you submit through the Site, Company does not guarantee the security of any information transmitted to or from the Site. You understand and agree to assume the security risk for any information you provide using the Site.
You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
User Conduct. In using the Site, including all Products and Services available through it, you agree:
Use and Protection of Account Number and Password. You are responsible for maintaining the confidentiality of your account number, account name, and/or password, where and when applicable to the Site. You are responsible for damages resulting from all uses of your account number, account name, and/or password, whether actually or expressly authorized by you, unless access to your account number, account name, and/or password was obtained through no fault or negligence of your own.
WARRANTIES AND DISCLAIMERS. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND COMPANY, THIS SITE, AND ALL SITE MATERIALS, PRODUCTS, AND SERVICES ACCESSIBLE THROUGH THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING,COMPANY MAKES NO WARRANTY THAT (i) THE SITE MATERIALS, PRODUCTS, AND SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SITE MATERIALS, PRODUCTS, AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ALWAYS AVAILABLE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE MATERIALS, PRODUCTS, AND SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY SITE MATERIALS, PRODUCTS, AND SERVICES PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE PRODUCTS AND SERVICES OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, THE SITE MATERIALS, PRODUCTS, AND SERVICES, WILL BE CORRECTED.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS.COMPANY MAY MAKE CHANGES TO THE SITE MATERIALS, PRODUCTS, AND/OR SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS AND SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE SITE MATERIALS, PRODUCTS, AND/OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND COMPANY MAKES NO COMMITMENT TO UPDATE SUCH SITE MATERIALS, PRODUCTS, AND/OR SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) COMPANY DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED AND/OR PERFORMED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THOSE PROVIDED BY THIRD PARTY VENDORS OR THOSE ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED AND/OR PERFORMED BY THIRD PARTIES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
LIMITATION OF LIABILITY. IN NO EVENT INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL COMPANY, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, ATTORNEYS, EMPLOYEES, PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, THE SITE MATERIALS, PRODUCTS, AND SERVICES, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
International Users. This Site can be accessed from countries around the world and may contain references to Company Products and Services that are not available in your country. These references do not imply that Company intends to announce or provide such Products or Services in your country. The Site is controlled, operated, and administered by Company from its offices within the United States of America. Company makes no representation that the Site, or the Site Materials, Products, and Services appearing on or available through the Site, are appropriate, legal, or available for use at other locations outside the United States, and access to the Site from territories where the Site or any of the Site Materials, Products, and/or Services are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all applicable laws.
Governing Law and Jurisdiction. This Site (excluding linked sites) is controlled by Company from its offices within the State of Delaware, United States of America. By accessing this Site, you and Company agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Delaware, without regard to the conflicts of laws principles thereof. You and Company also agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Wilmington, Delaware, USA.