Terms Of Service
What’s in these terms?
This index is designed to help you understand some of the key updates we’ve made to our Terms of Service (Terms). We hope this serves as a useful guide, but please ensure you read the Terms in full.
Welcome to Digiscape!
This section outlines our relationship with you. It includes a description of the Service, defines our Agreement, and names your service provider.
Who May Use the Service?
This section sets out certain requirements for use of the Service, and defines categories of users.
Your Use of the Service
This section explains your rights to use the Service, and the conditions that apply to your use of the Service. It also explains how we may make changes to the Service.
Your Content and Conduct
This section applies to users who provide Content to the Service. It defines the scope of the permissions that you grant by uploading your Content, and includes your agreement not to upload anything that infringes on anyone else’s rights.
Account Suspension and Termination
This section explains how you and Digiscape may terminate this relationship.
About Software in the Service
This section includes details about software on the Service.
Other Legal Terms
This section includes our service commitment to you. It also explains that there are some things we will not be responsible for.
About this Agreement
This section includes some further important details about our contract, including what to expect if we need to make changes to these Terms; or which law applies to them.
Terms of Service
Dated: February 13, 2024
Welcome to Digiscape!
Introduction
Thank you for using the Digiscape platform and the products, services and features we make available to you as part of the platform (collectively, the “Service”).
Our Service
The Service allows you to discover, watch and share Digiscapes and other content. We provide lots of information about our products and how to use them in our Help Center.
Your Service Provider
The entity providing the Service is Digiscape, Inc. LLC, a company operating under the laws of Illinois, located at 526C Mallard Lane, Sugar Grove, Il 60554. (referred to as “Digiscape”, “we”, “us”, or “our”). References to Digiscape’s “Affiliates” in these terms means the other companies within Digiscape corporate group (now or in the future).
Applicable Terms
Your use of the Service is subject to these terms, the Digiscape Guidelines and the Policy, Safety and Copyright Policies which may be updated from time to time (together, this "Agreement"). Your Agreement with us will also include the Advertising on Digiscape Policies if you provide advertising or sponsorships to the Service or incorporate paid promotions in your content. Any other links or references provided in these terms are for informational use only and are not part of the Agreement.
Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement, or do not accept any part of it, then you may not use the Service.
Who may use the Service?
Age Requirements
You must be at least 13 years old to use the Service.
Businesses
If you are using the Service on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
Your Use of the Service
Content on the Service
The content on the Service includes videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials whether provided by you, Digiscape or a third-party (collectively, "Content”).
Content is the responsibility of the person or entity that provides it to the Service. Digiscape is under no obligation to host or serve Content. If you see any Content you believe does not comply with this Agreement, you can report it to us.
Your Information
Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service.
We will process any audio or audiovisual content uploaded by you to the Service in accordance with the Digiscape Data Processing Terms, except in cases where you uploaded such content for personal purposes or household activities. Learn More.
Permissions and Restrictions
You may access and use the Service as made available to you, as long as you comply with this Agreement and applicable law.
The following restrictions apply to your use of the Service. You are not allowed to:
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access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of the Service or any Content except: (a) as expressly authorized by the Service; or (b) with prior written permission from Digiscape and, if applicable, the respective rights holders;
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circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Content or (b) limit the use of the Service or Content;
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access the Service using any automated means (such as robots, botnets or scrapers) except (a) with Digiscape’s prior written permission;
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collect or harvest any information that might identify a person (for example, usernames or faces), unless permitted by that person or allowed under section (3) above;
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use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;
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misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
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run contests on or through the Service that do not comply with Digiscape’s contest policies and guidelines;
Reservation
Using the Service does not give you ownership of or rights to any aspect of the Service, including user names or any other Content posted by others or Digiscape.
Develop, Improve and Update the Service
Digiscape is constantly changing and improving the Service. As part of this continual evolution, we may make modifications or changes (to all or part of the Service) such as adding or removing features and functionalities, offering new digital content or services or discontinuing old ones. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, make changes to comply with law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. When the Service requires or includes downloadable software (such as the Digiscape application), that software may update automatically on your device once a new version or feature is available, subject to your device settings. If we make material changes that negatively impact your use of the Service, we’ll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues.
Your Content and Conduct
Uploading Content
If you have a Digiscape account, you may be able to upload Content to the Service. You may use your Content to promote your business or artistic enterprise. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement, Digiscape Guidelines or the law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect infringement and abuse, such as spam, malware, and illegal content.
Rights you Grant
You retain ownership rights in your Content. However, we do require you to grant certain rights to Digiscape and other users of the Service, as described below.
License to Digiscape
By providing Content to the Service, you grant to Digiscape a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use that Content (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service and Digiscape’s (and its successors' and Affiliates') business, including for the purpose of promoting and redistributing part or all of the Service.
License to Other Users
You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Service (such as video playback or embeds). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service.
Duration of License
The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Service. You understand and agree, however, that Digiscape may retain, but not display, distribute, or perform, server copies of your content that have been removed or deleted.
Right to Monetize
You grant to Digiscape the right to monetize your Content on the Service (and such monetization may include displaying ads on or within Content or charging users a fee for access). This Agreement does not entitle you to any payments.
Disablying Your Content
You may disable your Content from visibility on the Service at any time. You also have the option to make a copy of your Content before removing it. You must removeor disable your Content if you no longer have the rights required by these terms.
Removal of Content By Digiscape
If any of your Content (1) is in breach of this Agreement or (2) may cause harm to Digiscape, our users, or third parties, we reserve the right to remove or take down some or all of such Content in our discretion. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for Digiscape or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, Digiscape or our Affiliates.
Community Guidelines Strikes
Digiscape operates a system of “strikes” in respect of Content that violates the Digiscape Guidelines. Each strike comes with varying restrictions and may result in the permanent removal of your content from Digiscape. A full description of how a strike affects your channel is available on the Digiscape Guidelines page. If you believe that a strike has been issued in error, you may appeal.
If your content has been restricted due to a strike, you must not use another account to circumvent these restrictions. Violation of this prohibition is a material breach of this Agreement and Digiscape reserves the right to terminate your account or your access to all or part of the Service.
Copyright Protection
We provide information to help copyright holders manage their intellectual property online in our Digiscape Copyright Center. If you believe your copyright has been infringed on the Service, please send us a notice.
We respond to notices of alleged copyright infringement according to the process in our Digiscape Copyright Center, where you can also find information about how to resolve a copyright strike. Digiscape's policies provide for the termination, in appropriate circumstances, of repeat infringers’ access to the Service.
Account Suspension & Termination
Terminations by You
You may stop using the Service at any time. Follow these instructions to delete the Service from your Google Account, which involves closing your Digiscape channel and removing your data. You also have the option to download a copy of your data first.
Terminations and Suspensions by Digiscape
Digiscape reserves the right to suspend or terminate your Google account or your access to all or part of the Service if (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we reasonably believe that there has been conduct that creates (or could create) liability or harm to any user, other third party, Digiscape or our Affiliates.
Notice for Termination or Suspension
We will notify you with the reason for termination or suspension by Digiscape unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority; (b) would compromise an investigation; (c) would compromise the integrity, operation or security of the Service; or (d) would cause harm to any user, other third party, Digiscape or our Affiliates.
Effect of Account Suspension or Termination
If your Digiscape account is terminated or your access to the Service is restricted, you may continue using certain aspects of the Service (such as viewing only) without an account, and this Agreement will continue to apply to such use. If you believe that the termination or suspension has been made in error, you can appeal by contacting info@digiscape.org.
About Software in the Service
Downloadable Software
When the Service requires or includes downloadable software (such as the Digiscape application), unless that software is governed by additional terms which provide a license, Digiscape gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Digiscape as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Digiscape, in the manner permitted by this Agreement. You are not allowed to copy, modify, distribute, sell, or lease any part of the software, or to reverse-engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have Digiscape’s written permission.
Open Source
Some software used in our Service may be offered under an open source license that we make available to you. There may be provisions in an open source license that expressly override some of these terms, so please be sure to read those licenses.
Other Legal Terms
Warranty Disclaimer
OTHER THAN AS EXPRESSLY STATED IN THIS AGREEMENT OR AS REQUIRED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND Digiscape DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICE. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUT: (A) THE CONTENT PROVIDED THROUGH THE SERVICE; (B) THE SPECIFIC FEATURES OF THE SERVICE, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON THE SERVICE.
Limitation of Liability
EXCEPT AS REQUIRED BY APPLICABLE LAW, Digiscape, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:
ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE;
PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE;
ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE;
ANY INTERRUPTION OR CESSATION OF THE SERVICE;
ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY;
ANY CONTENT WHETHER SUBMITTED BY A USER OR Digiscape, INCLUDING YOUR USE OF CONTENT;
AND/OR THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.
THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
Digiscape AND ITS AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF:
(A) THE AMOUNT OF REVENUE THAT Digiscape HAS PAID TO YOU FROM YOUR USE OF THE SERVICE IN THE 12 MONTHS BEFORE THE DATE OF YOUR NOTICE, IN WRITING TO Digiscape, OF THE CLAIM; AND
(B) USD $500.
Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Digiscape, its Affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.
Third-Party Links
The Service may contain links to third-party websites and online services that are not owned or controlled by Digiscape. Digiscape has no control over, and assumes no responsibility for, such websites and online services. Be aware when you leave the Service; we suggest you read the terms and privacy policy of each third-party website and online service that you visit.
About this Agreement
Changing this Agreement
We may change this Agreement, for example, (1) to reflect changes to our Service or how we do business - for example, when we add new products or features or remove old ones, (2) for legal, regulatory, or security reasons, or (3) to prevent abuse or harm.
If we materially change this Agreement, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except (1) when we launch a new product or feature, or (2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should remove any Content you uploaded and stop using the Service.
Continuation of this Agreement
If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Other Legal Terms”, “About This Agreement”, and the licenses granted by you will continue as described under “Duration of License”.
Severance
If it turns out that a particular term of this Agreement is not enforceable for any reason, this will not affect any other terms.
No Waiver
If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).
Interpretation
In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.
Governing Law
All claims arising out of or relating to these terms or the Service will be governed by Illinois law, except Illinois's conflict of laws rules, and will be litigated exclusively in the federal or state courts of Illinois, USA. You and Digiscape consent to personal jurisdiction in those courts.
Limitation on Legal Action