terms and conditions

Digital Coach Terms and Conditions

The party using this website (“you”) and Digital Coach have agreed to these terms and conditions of usage (“Terms of Use”) (“we” or “us”). You agree to be governed by the terms and conditions of usage set out in the Terms of Use by using this website (“The Site”).

1. You agree to comply with the Terms of Use and all applicable rules and regulations when using The Site. You indicate that you have read and understand the Terms of Service and that you agree to abide by them. Before using The Site, you agree to read these Terms of Use carefully. You may not access or use The Site if you do not agree to the Terms of Use.

2. Persons 5 years of age and older who are not otherwise barred from receiving our services under relevant legislation may use The Site. The Site is provided “as is” and “as available.”

3. The accuracy or reliability of any advise, opinion, statement, or other information posted or disseminated on The Site is not guaranteed by Digital Coach. You understand that any reliance on such materials, opinions, advice, statements, memorandums, or information is at your own risk.

4. You represent, warrant, and agree that you will not upload, post, transmit, distribute, or otherwise publish through The Site any contents that are illegal, obscene, or otherwise objectionable.
(i) prohibit or limit the use and enjoyment of The Site by any other user.,
(ii) are obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent, are unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent,
(iii) contain “hate speech,” which includes attacks against people or groups based on characteristics including race, religion, ethnicity, sexual orientation, handicap, or gender.
(iv) conduct that might be considered a criminal violation, give rise to civil liability, or otherwise violate the law,
(v) Third-party rights, such as copyright, trademark, patent, privacy or publicity rights, or any other proprietary right, may be violated, plagiarised, or infringed upon.
(vi) contain a virus or other potentially dangerous component, or
(vii) make or contain incorrect or deceptive origin signals or claims of fact

5. You agree to refrain from using this site for the purpose of trolling or abusing other users. Trolling is defined as engaging in behaviours such as I posting inflammatory content with little or no value in terms of provoking thoughtful discussion, (ii) posting off-topic content that does not contribute to the intended discussion in a meaningful way, (iii) posting the same or substantially similar content to the same audience multiple times, and (iv) intentionally posting factually inaccurate information. (vi) impersonating another user, whether by claiming to be another user or by using methods such as creating an account designed to be confused with the account of another user, and (v) creating a user account, often in addition to an existing account, for the purpose of creating a phoney persona intended to be ridiculed or disliked. Bullying is defined as an attempt to degrade, intimidate, or otherwise negatively affect the experience of a visitor or group of visitors to The Site by engaging in behaviours such as I name calling, (ii) threats of physical violence, (iii) wishing harm on others, (iv) posting defamatory content, and (v) wishing harm on others.(v) launching “ad hominem” assaults, (vi) discouraging others from visiting The Site, and (vii) singling out another visitor or group of visitors for continued negative attention. This “negative attention” can take the form of excessively I posting contrary comments on lists created by a specific user, (ii) posting contrary replies to comments posted by a specific visitor, (iii) posting contrary comments to posts created by a specific visitor, or (iv) sending argumentative personal messages to a specific visitor.

6. You represent, warrant, and covenant that all content you contribute to The Site, including but not limited to I lists, (ii) comments, (iii) photos, (iv) profile information, (v) messages, and any other materials, is your property (“User Content”). Furthermore, you and Digital Coach share ownership of the content you contribute. You irrevocably grant us a perpetual, worldwide, non-exclusive, royalty-free, sub-licensable, and transferable licence and right to use User Content for any purpose and in any media now existing or in the future by submitting User Content. We mean “use,” “copy,” “display,” “distribute,” “modify,” “translate,” “reformat,” “incorporate in advertisements and other works,” “promote,” and “produce derivative works” when we say “use.” You irrevocably waive, and cause to be waived, all moral rights claims and assertions.

7. We reserve the right to monitor all postings or other materials made on The Site and to remove any that we deem I offensive, (ii) improper, (iii) criminal, or (iv) otherwise in violation of these Terms of Use in our sole discretion. We do not and cannot review all of the items that users post to The Site, and we are not liable for any of the materials that users upload. However, we reserve the right to disclose any information as needed to comply with any law, regulation, or government request, as well as to edit, refuse to post, or delete any information or materials, in whole or in part, that Digital Coach deems objectionable or in violation of these terms.

8. We provide hypertext connections to or from third-party sites solely for your convenience and information. We do not review, endorse, approve, or regulate any sites connected from or to the Website, their content, the third parties listed thereon, or their products, resources, or services, and we are not responsible for them. Clicking on links to other websites is at your own risk, and we will not be responsible or accountable for any damages incurred as a result of linking. We assume no responsibility and make no recommendation or support of the same.

9. You agree not to use tactics such as I automated voting methodologies, (ii) incentivizing others to vote through monetary or other means, (iii) creating multiple profiles, and (iv) placing votes intended to undermine the integrity of the list whether for humorous effect or material gain to “game” or otherwise damage the relevancy or representative nature of votable lists on The Site.

10. We reserve the right to monitor any votes cast on The Site, whether direct votes on a list or user remixed versions of lists (collectively known as “Votes”), and to filter, discount, or remove Votes that, in Digital Coach’ sole judgement, are harmful to The Site’s integrity. This includes, but is not limited to, I votes cast using proxy networks, (ii) votes cast in an attempt to “game” Digital Coach rankings, and (iii) votes that contribute to a top ten list’s loss of significance. At our sole discretion, we reserve the right to change vote counts and list rankings at any moment.

11. We reserve the right to edit, refuse to post, or remove any information or materials provided by Digital Coach or users of The Site, including, but not limited to, I list titles, (ii) list descriptions, (iii) titles of items added to lists, (iv) URLs provided for items added to lists, (v) comments added to lists, (vi) member blog posts added to The Site, (vii) comments added to blog posts, (vii) information added to member profiles,

12. You agree not to do anything that would jeopardise The Site’s availability, such as I sending an excessive number of requests to The Site, or (ii) attempting to identify or exploit potential vulnerabilities in The Site’s hosting environment or source code.

13. Users 13 and up are authorised to create user accounts on The Site, which they can use to upload User Content that is subsequently credited to them. Users under the age of 13 are not permitted to establish or use an account. Users who have had their accounts disabled or revoked due to a breach of these Terms are not permitted to create or use new accounts without the express authorization of Digital Coach administration. By creating a user account, you agree to I make a reasonable effort to prevent others from discovering your password and gaining unauthorised access to your account, (ii) allow Digital Coach to contact you via the email address provided, and (iii) not provide inaccurate information about your account.

14. We retain the right to take action against users or anonymous visitors to the site who have engaged in actions that are in violation of the Terms of Use in our sole discretion. This action may include, but is not limited to, I restricting access to parts of or the entire Site, (ii) reducing site functionality, (iii) blocking users from accessing their user accounts, and (iv) removing a user’s account.

Visitors to Digital Coach can vote on, comment on, rank, and rate user content posted to the site. As a result, removing content that has been posted to the site may have a detrimental impact on the experience of many site visitors. We reserve the right to not remove User Anything from the site due to this, as well as the resources required to locate and delete content posted to Digital Coach. You understand and agree that the material you submit to Digital Coach may not be removed, even if you request it.

16. This site contains a number of affiliate links that pay us a commission if visitors to The Site click on the link and do a specified action, such as filling out a form or making a purchase. We reserve the right to use a variety of tactics, including but not limited to I more prominently featuring lists containing affiliate links throughout the site, (ii) displaying affiliate banners, and (iii) purchasing advertising to promote lists containing affiliate links, to maximise the profits generated by The Site.

17. At any time, Digital Coach maintains the right to amend, modify, add, or remove any section of these Terms of Use, in whole or in part, at its sole discretion.

18. If any part of the Terms of Use is declared invalid or unenforceable by a court of competent jurisdiction, the validity of the remaining portions of the Terms of Use will not be affected, and the remaining portions will remain in full force and effect as if the invalid portion of the Terms of Use had been removed.

 

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