This Agreement is between You, the user of the DMG Web Site and Digital Markets Global ("DMG"). This Agreement sets forth the terms and conditions governing Your use of DMG's Web Site currently located at www.digitalmarketsglobal.com (the "Site") and Your use of DMG's systems and services. This Agreement also incorporates by reference any other terms that can be found by clicking on the relevant link in this Agreement. If you become a Registrant of the Site, Your use of the Site and DMG's systems and services may also be governed by a Registration Agreement located at www.digitalmarketsglobal.com. By using this Site You agree to be bound by the terms and conditions of this Agreement. If you do not accept all of the terms and conditions of this Agreement, do not use this Site.
DMG may amend this Agreement at any time by posting the amended terms on the Site and such terms shall be effective for all use of this Site and services once they are posted.
The Site and What DMG Does and Does Not Do
The Site is not intended to provide investment advice.
The Site is intended only as a source of interactive information and auctions for supply chain finance invoices and other alternative assets through which buyers and sellers may establish prices for offline private transactions in related obligations. The content on the Site, including any research data is not, and should not be construed as, investment, financia, business, legal or other advice of any kind. The content may contain projections or other forward-looking statements regarding future business developments and other future events. DMG wishes to caution you that any such statements reflect only the predictions of the company's management and others and that actual developments, results and events might differ materially. Nothing on the Site constitutes a solicitation by DMG of the purchase or sale of securities. DMG strongly recommends that you seek the advice of qualified professionals before making investment decisions.
DMG, in its sole discretion, may add, delete or change some or all of the Site or DMG's services at any time. The content contained in the Site is presented for informational or educational purposes only. The content should not be considered complete nor should it be relied upon without first consulting with an investment professional. Nothing contained on the Site should be considered a substitute for professional advice.
DMG does not review or monitor any web sites linked to the Site and is not responsible for the content of any such linked web sites. DMG is providing these links solely as a convenience. Your linking to such web sites is at your own risk.
Conduct as a User
As a user on our Site, You will represent Yourself accurately and truthfully at all times. You grant DMG the right to independently verify any information that You post on our Site about Yourself, although DMG does not routinely undertake any verification.
DMG reserves the right to constitute different classes of users of the Site, granting privileges to certain classes of users that are not necessarily available to all users, e.g., only registrants will have access to certain areas of the Site.
The content provided on the Site may be displayed and printed solely for your personal, internal and non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of DMG or the appropriate licensor. User Eligibility
Our services are available only to individuals or businesses who can form legally binding contracts under applicable law. If You do not qualify, You may not use our services. To become a registrant of the Site, you must meet the eligibility requirements set forth in, and register at www.digitalmarketsglobal.com.
DMG Standards
You agree that any information or other material that You post, transmit or otherwise make available through DMG: (a) shall not be fraudulent or intentionally misleading or inaccurate; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation (including without limitation those governing securities transactions, consumer protection, unfair competition, false advertising, deceptive practices or anti-discrimination); (d) shall not be defamatory, libelous, unlawfully threatening or unlawfully harassing; (e) shall not be intentionally malicious or derogatory toward DMG or any DMG advertiser or licensor unless such information or other material can be supported by documented facts; (f) shall not be obscene or contain pornography; or (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Your Information
"Your Information" includes any information You provide to us, including but not limited to, any information you provide (i) during Your enrollment with the Site, (ii) in any public message area or (iii) through any email feature.
By posting Your Information on or through the Site, you automatically grant DMG a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display Your Information alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub-licensees, subject to the privacy policy described below.
You are solely responsible for Your Information, and we act as a passive conduit for the online distribution and publication of Your Information. However, we may take any action we deem necessary or appropriate in our sole discretion if we believe Your Information creates a risk of liability to DMG. DMG may, in appropriate circumstances and at its sole discretion, remove or disable access to material on the Site that infringes on the rights of third parties or is otherwise harmful to DMG.
If You believe that Your Information has been used on the Site in a manner that constitutes copyright infringement, please provide DMG's Copyright Agent with a written notice (e-mail is sufficient) that includes the following information:
DMG's Copyright Agent for notice of claims of copyright infringement on this Site is: IP Manager, info@digitalmarketsglobal.com.
Privacy Policy
DMG will only use and disclose Your Information in accordance with our then current privacy policy, incorporated herein by reference.
Intellectual Property
The materials, data, and other information used and displayed on the Site, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks, service marks and all other materials are the property of DMG or its licensors and are protected by copyright, trademark and other laws. ALL RIGHTS RESERVED. In addition to DMG's and its licensors' and suppliers' rights in individual elements of the content with the Site, DMG owns a copyright in the selection, coordination, arrangement and enhancement of such content.
System Integrity
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the DMG or any transaction conducted on our Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure. You may not disclose or share Your password with any third parties or use Your password for any unauthorized purpose.
The Site contains robot exclusion headers and You agree that You will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior written permission. You agree that You will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site.
No Warranty
DMG PROVIDES THE SITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DMG SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our Site may be interfered with by numerous factors outside of our control, including but not limited to telecommunications network disruptions.
Limitation of Liability
IN NO EVENT SHALL DMG OR OUR LICENSORS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. SOME JURISDICTIONS MAY NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DMG'S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) YOUR SUBSCRIPTION FEE FOR THE LAST TWELVE (12) MONTHS, OR (B) $100.
General Compliance with Laws
You shall comply with all applicable laws, statutes, ordinances and regulations regarding Your use of the Site.
Notices
Except as explicitly stated otherwise, any notices under this Agreement shall be given by email to info@digitalmarketsglobal.com (in the case of DMG) and to the email address You provide to DMG during any registration process, or such other address as you shall specify from time to time (in Your case). Notice shall be deemed given six (6) hours after email is sent, or earlier if actually received earlier by the recipient, unless the sending party is notified that the email address is invalid. Alternatively, we may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to DMG during any registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.
Applicable Law
This Site is controlled by DMG from its offices within the State of New York, United States of America. The laws applicable to the interpretation of these Terms of Use shall be the laws of the State of New York, USA, without regard to any conflict of law provisions. DMG makes no representation that the content in this Site is appropriate for access outside of the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws.
General
This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by You or others does not waive our right to act with respect to subsequent or similar breaches.