TERMS OF USE
INTRODUCTION
Welcome to the Internet sites of Tabula Digita, Inc. ("Tabula Digita"). "Tabula Digita Sites" include DimensionU.com websites and other Internet sites on which these Terms of Use are posted. Tabula Digita is referred to herein as "we," "us" or "our".
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY TABULA DIGITA SITE.
By using any Tabula Digita Site or by clicking a box that states that you accept or agree to these terms, you signify your agreement to these terms of use. If you do not agree to these terms of use, you may not use the Tabula Digita Sites.
Note that special terms apply to some services offered on certain Tabula Digita Sites, like subscription-based services, rules for particular contests or sweepstakes or other features or activities. These terms are posted in connection with the applicable service. Any such terms are in addition to these terms of use, and in the event of a conflict, prevail over these terms of use. You acknowledge that these terms of use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Tabula Digita Sites and receipt of data, materials and information available at or through the Tabula Digita Sites.
Please see our Privacy Policy, which is incorporated into these Terms of Use by reference.
USE OF SITES AND CONTENT
Subject to the terms and conditions of these Terms of Use, Tabula Digita hereby grants you a limited, nonexclusive, nontransferable, revocable license to use the Tabula Digita Sites as set forth herein. All information, materials, functions and other content ("Content") contained on Tabula Digita Sites are our copyrighted property or the copyrighted property of our licensors. All trademarks, service marks, trade names, and trade dress are proprietary to us and/or our licensors. You may not copy or modify the HTML or other code used to generate web pages on our sites. We may change the Tabula Digita Sites or delete Content or features at any time, in any way, for any or no reason. All of the names, characters, places, events and incidents included in any game or Content are either products of the author’s imagination or are used fictitiously. Any resemblance to actual events or locales or persons, living or dead, is entirely coincidental.
Except as we specifically agree in writing, no Content from any Tabula Digita Site may be used, reproduced, transmitted, distributed or otherwise exploited in any way other than as part of the Tabula Digita Site, except that where a Tabula Digita Site is configured to enable the download of particular Content, you may download one copy of such Content to a single computer for your personal, noncommercial home use only, provided that you (a) keep intact all copyright and other proprietary notices, (b) make no modifications to the Content, and (c) do not use the Content in a manner that suggests an association with any of our products, services or brands. Any business use, "re-mailing" or high-volume or automated use of Tabula Digita Sites is prohibited.
If you have comments on the Tabula Digita Sites or ideas on how to improve it, please send an email to support@tabuladigita.com. Please note that by doing so, you also grant Tabula Digita a perpetual, royalty-free, irrevocable, transferable license, with right of sublicense, to use and incorporate your ideas or comments into the Tabula Digita Sites and other products or services, and to otherwise exploit your ideas and comments, in each case without any compensation.
You agree not to attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures. You may not use the Tabula Digita Sites in any manner that in Tabula Digita’s sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use of the Tabula Digita Sites. You may not intentionally interfere with or damage the operation of the Tabula Digita Sites or any user’s use of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You may not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Tabula Digita Sites, features that prevent or restrict the use or copying of any content accessible through the Tabula Digita Sites, or features that enforce limitations on the use of the Tabula Digita Sites. You may not attempt to gain unauthorized access to the Tabula Digita Sites, or any part of it, other accounts, computer systems or networks connected to the Tabula Digita Sites, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Tabula Digita Sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you through the Tabula Digita Sites. You agree neither to modify the Tabula Digita Sites, nor to use modified versions of the Tabula Digita Sites, including (without limitation) for the purpose of obtaining unauthorized access to the Tabula Digita Sites. You agree not to attempt to access or search the Tabula Digita Sites with any engine, software, tool, agent, device or mechanism other than the search agents provided by Tabula Digita.
ACCOUNTS
Some services on the Tabula Digita Sites permit or require you to create an account to participate or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data") . You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph. You also agree to promptly notify us at support@tabuladigita.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any Tabula Digita Site. In addition, you agree to exit from your account at the end of each session.
We may suspend or terminate your account and your ability to use any Tabula Digita Site or portion thereof for failure to comply with these terms of use or any special terms related to a particular service, or for any other reason whatsoever, at any time.
THIRD PARTY LINKS
When you are on a Tabula Digita Site, there may be links to other sites that take you outside of our service to sites that are beyond our control, such as banner advertisements and links from advertisers, sponsors and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on any of the aforementioned links, the sites you are taken to are not controlled by us; a different terms of use and privacy policy may apply, and we are not responsible for such sites. We do not endorse and cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Tabula Digita Site or third-party content contained on our sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties. Nor can we be held responsible for the accuracy, relevance, legality or decency of material contained on sites retrieved in searches and/or listed in search results or identified on search results pages.
DISCLAIMERS
THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO TABULA DIGITA SITES OR ANY THIRD PARTY SITES OR SERVICES LINKED TO OR FROM ANY TABULA DIGITA SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY AND NONINFRINGEMENT. WE DO NOT WARRANT THAT OUR SITES OR ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY TABULA DIGITA SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).
The content of Tabula Digita Sites are intended for educational and entertainment purposes only. Such content is not intended to, and does not, constitute professional advice, and may not be used for such purposes. Always seek the advice of a qualified professional with any questions you may have. Reliance on any information appearing on a Tabula Digita Site is strictly at your own risk.
INDEMNIFICATION
You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or claims arising from your use of the Tabula Digita Sites and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY TABULA DIGITA SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A TABULA DIGITA SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY TABULA DIGITA SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. WE MAY TERMINATE YOUR FURTHER ACCESS TO TABULA DIGITA SITES OR CHANGE THE TABULA DIGITA SITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
GOVERNING LAW, JURISDICTION AND VENUE
You agree that any action at law or in equity arising out of or relating to these terms of use or the Tabula Digita Sites shall be governed by the laws of the State of CALIFORNIA, without giving effect to any principles of conflicts of law. You also agree that any action arising hereunder shall be filed, and that venue properly lies, only in state or federal courts located in the borough of Manhattan, New York, NEW YORK, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that Content on any Tabula Digita Site is appropriate or available for use in any particular location. Those who choose to access a Tabula Digita Site do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
AMENDMENT
At any time, we may amend these terms of use (including by modification, deletion and/or addition of any portion thereof). If we make a material amendment to these terms of use, we will notify you of such amendment by sending you an e-mail at the last e-mail address that you provided us, and/or by posting notice of such amendment on the sites covered by these terms of use. Any such amendment to these terms of use will be effective thirty (30) calendar days following either our dispatch of an e-mail notice to you or our posting of notice of the changes on the sites. Please note that, at all times, you are responsible for updating your personal information to provide us your current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of any amendment described in the notice.
GENERAL PROVISIONS
If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. In these Terms of Use, the word "including" is used illustratively, as if followed by the words "but not limited to." YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY TABULA DIGITA SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. Supply of goods, services and software through Tabula Digita Sites is subject to United States export control and economic sanctions requirements. By acquiring any such items through Tabula Digita Sites, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through Tabula Digita Sites if: 1) you are in, under the control of, or a national or resident of any embargoed county, or if you are on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Commerce Department's Denied Persons List, Unverified List or Entity List or 2) you intend to supply the acquired goods, services or software to any embargoed county (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.
* Updated on June 22, 2009