Your access to and use of Diversified Global Graphics
Group - DG3 Web site (this "Site"), which is owned and operated by
DG3 (Holdings) Limited through or with one or more of its
affiliated companies, (together "DG3"), shall be governed by the
following terms and conditions of usage and privacy statement
("Terms of Usage"). This Site, and the information contained on or
through this Site, may be accessed only by (i) persons who have
been authorized by their employer to use this Site pursuant to
these Terms of Usage, or (ii) persons who have the authority to
bind their employer to the use of this Site pursuant to these Terms
of Usage (in each case, an "Authorized User"). By using this site,
you agree to be bounds to the Terms of Usage as set out below. If
you, or your employer, do not wish to be bound by these Terms of
Usage, you must not use this Site. PLEASE READ THESE TERMS OF USAGE
CAREFULLY BEFORE USING THIS SITE.
Section 1 - SCOPE AND SITE STRUCTURE
1.1 Structure & Links. This Site is
an information and services portal provided by DG3. Through this
Site, you can review information about the company and may gain
access to certain services that allow you to create and manipulate
various documents and place orders for printing and various other
services. This Site may also contains hyper-links, which allow
users to click-through to the applicable pages on certain web sites
on which additional content may be accessed and viewed. In
addition, through this Site, you may have access to research,
financial news and other market data created or provided by certain
third-party information suppliers that are not affiliated with DG3
("Third-Party Content"). Finally, your use of this Site may lead
you, via a hyper-link or otherwise, to use Web sites independently
owned and operated by other third parties ("Third-Party Sites"). If
you click-through to any Third-Party Sites, either directly or
indirectly through this Site (collectively, the "Linked Sites"),
you acknowledge and agree that you shall be subject to the terms
and conditions of usage applicable to such Linked Sites.
1.2 Disclaimer. DG3 may provide links to
the Linked Sites and access to any Third-Party Content only as a
convenience and without (i) any obligation on the part of DG3 or
the Members (which term for purposes of this Section 1.3 shall not
include a particular Member when the Linked Site is that Member's
own Web site) to review such Linked Sites or Third-Party Content or
(ii) any liability or responsibility arising out of your use
thereof. The fact that you may click-through to Linked Sites or be
provided with access to Third-Party Content does not mean that DG3
or the Members endorse or guarantee such Linked Sites, the Linked
Sites' sponsors or the Linked Sites' content, or the Third Party
Content's sponsors or the Third-Party Content. DG3 takes no
responsibility for Third Party Content (including, without
limitation, its accuracy or any viruses or other disabling
features), nor does DG3 have any obligation to monitor such Third
Party Content. Linked Site content and Third-Party Content to which
you link or are provided access, either directly or indirectly,
from or on this Site will not have been developed, reviewed or
monitored by DG3 or the Members, and DG3 and the Members cannot and
do not guarantee or make any representation or warranty, either
express or implied, as to the accuracy, validity, sequence,
timeliness, completeness or continued availability of any such
content. You should not rely on the Site as expressing an opinion
or as representing current information. DG3 has not undertaken, and
does not undertake any duty to update the content on this Site or
otherwise advise you of changes in their opinion or in the
information. The content is provided for your convenience only, and
is not a republication or reconfirmation of the opinion or
information contained therein. DG3 expressly disclaims any and all
liability arising out of claims as a result of your use of this
site, including but not limited to any allegations of intellectual
property violations. By posting documents on this site, you agree
to defend, indemnify and hold harmless DG3 for any and all claims
arising as a result of such documents or posting content on this
site. DG3 reserves the right at all times to remove or refuse to
distribute any content on the Service, such as content which
violates the terms of this Agreement.
1.3 Posted Guidelines. In addition to
these Terms of Usage, when using this Site, you shall be subject to
and agree to follow any posted guidelines or rules, which may be
posted from time to time. DG3 may, in its sole discretion, modify
or revise these guidelines or rules at any time, and you agree to
be bound by such modifications or revisions.
1.4 Registration Data. In consideration
of your use of certain features of this Site, you and/or your
employer agree to: (a) provide true, accurate, current and complete
Registration Data (as defined below in Section 3.1) to DG3 and to
the Members either as provided directly to DG3 by your employer or
as prompted by the Site's registration form and (b) maintain and
promptly update the Registration Data, or similar information
provided and to keep the same true, accurate, current and
complete.
1.5 Passwords. Provided that you register
for a service and your Registration Data (as defined below in
Section 3.1) is approved and certified by DG3, a password will be
provided to you to permit you to use this Site and, where
authorized, to provide convenient and seamless access to certain
Member Web Sites and Linked Sites. The password assigned to you is
for your use only and you are solely responsible for the
safekeeping of your password. You are responsible if your password
is lost, stolen or misused and you must notify us immediately if
any of these events happen. You will be responsible for all
activity attributable to your password.
1.6 Right to Terminate User Access. DG3
reserves the right to limit, restrict and terminate your access to
and use of this Site at any time, in whole or in part, in its sole
discretion and without notice.
1.7 Restrictions. You may use the Site
only in conjunction with the information or services provided
therein. You shall not copy, in whole or in part, the DG3 Site or
related documentation, whether in the form of computer media, print
or any other form. YOU MAY NOT RECOMPILE, DECOMPILE, DISASSEMBLE,
REVERSE ENGINEER TO OTHERWISE PRODUCE HUMAN READABLE CONTENT
THEREFROM, OR MAKE OR DISTRIBUTE ANY OTHER FORM OF, OR ANY
DERIVATIVE WORK FROM, THE DG3 SITE.
1.8 Regulations; Use of
Services. You shall be responsible for (i) compliance with
all laws and governmental regulations affecting its business, (ii)
any use you may make of the Services to assist you in complying
with such laws and governmental regulations, DG3 shall not have any
responsibility relating thereto and (iii) compliance with all laws,
rules and regulations relating to its use of the Services,
including, but not limited to, those related to proprietary rights,
data privacy and international communications. You may not use this
site to engage in any illegal activity or to engage in conduct
which is defamatory, libelous, threatening or harassing to DG3 or
any other person or business entity. You agree that you will not
upload, transmit or otherwise distribute content that infringes
upon another party's intellectual property rights or other
proprietary, contractual or fiduciary rights or obligations, and
will be solely liable for such infringement. You agree that you
shall not engage in disruptive activities and that you shall be
responsible for all content that you use or transmit in connection
with the use of the Site. You further agree that you will comply
with all the restrictions on use applicable to the Site, as set
forth on the Site. DG3 hereby disclaims any and all liability
arising as a result of your use of DG3's Services to assist you in
complying with such laws and governmental regulations
1.9 Intellectual Property. DG3's
Intellectual Property Rights. You acknowledge that DG3 owns all
right, title and interest in and to the information and any Service
provided through the Site, including without limitation all
intellectual property rights (the "DG3 Rights"), and such DG3
Rights are protected by U.S. and international intellectual
property laws. DG3 owns all rights, title and interest (including
all other copyrights, trademarks and other intellectual property
rights) in this Web site and all names, terms, logos, slogans,
images and other indicia identifying DG3's products or services are
proprietary marks belonging to DG3. Accordingly, you agree that you
will not copy, reproduce, alter, modify, or create derivative works
from the Service. You also agree that you will not use any robot,
spider, other automated device, or manual process to monitor or
copy any content from the Service. DG3 does not claim any ownership
in any of the content, including any text, data, information,
images, photographs, sound, video, or other material, that you may
from time to time upload, transmit or store in your DG3 account. We
will not use any of your content for any purpose except to provide
you with the Service as per this and any other agreement between
DG3 and you.
Section 2 - DISCLAIMER OF WARRANTY AND LIMITATION OF
LIABILITY
2.1 Information and Services "As Is" and "As
Available". THE INFORMATION AND SERVICE PROVIDED ON OR
THROUGH THIS SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT
WARRANTY OF ANY KIND. YOUR USE OF THIS SITE OR ANY LINKED SITE IS
AT YOUR OWN RISK. ALTHOUGH THE INFORMATION ON THIS SITE IS OBTAINED
OR COMPILED FROM SOURCES DG3 BELIEVES TO BE RELIABLE, DG3 CANNOT
AND DOES NOT GUARANTEE OR MAKE ANY REPRESENTATION OR WARRANTY,
EITHER EXPRESS OR IMPLIED, AS TO THE ACCURACY, VALIDITY, SEQUENCE,
TIMELINESS, COMPLETENESS OR CONTINUED AVAILABILITY OF ANY
INFORMATION OR DATA OR SERVICE MADE AVAILABLE ON THIS SITE OR ON
ANY LINKED SITE. IN NO EVENT SHALL DG3 BE LIABLE FOR ANY DECISION
MADE OR ACTION OR INACTION TAKEN BY YOU IN RELIANCE ON ANY
INFORMATION OR DATA ON THIS SITE OR ON ANY LINKED SITE. DG3 FURTHER
EXPLICITLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. DG3, ITS MEMBERS, SUPPLIERS OF
THIRD-PARTY CONTENT AND ANY OTHER THIRD PARTY WORKING WITH DG3
SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY
DAMAGES OR LOSS (INCLUDING DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL AND ANY AND ALL OTHER FORMS OF DAMAGES OR LOSSES
REGARDLESS OF THE FORM OF THE ACTION OR THE BASIS OF THE CLAIM)
CAUSED OR ALLEGED TO BE CAUSED IN CONNECTION WITH YOUR USE OF THIS
SITE WHETHER OR NOT FORESEEABLE, EVEN IF DG3 OR ANY OF ITS
SUPPLIERS OR OTHER THIRD PARTIES WORKING WITH DG3 IN CONNECTION
WITH THIS SITE HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF
SUCH DAMAGES.
Section 3 - PRIVACY STATEMENT
3.1 Access. In order to access certain
features of this Site you may be required to register. During the
registration process, either you or your employer will be required
to provide DG3 with certain information, including your name,
employer, title, business address, business telephone number and
business e-mail address ("Registration Data"). This Registration
Data will be shared only with DG3 companies, by you or your
employer, to authorize your use of this Site. While you are
accessing this Site our Web servers may recognize your: (a) domain
name; (b) ISP's domain name; (c) IP address; (d) browser type; and
(e) operating system. If you contact us with a technical question,
we may collect certain information about your systems, including:
(a) your browser type, version and settings (e.g. Java and cookie
settings); (b) connectivity information (e.g. SSL/HTTPS
compatibility, bandwidth capacity); and browser plug-in information
(e.g. do you have Adobe, what is your media player, can you open
Flash files, etc.). It is also possible that, upon agreement by
you, DG3's system may place certain programs, scripts or packets of
information on your computer. These items are used solely to carry
out the functions of the Site and for no other purpose.
3.2 Use of Information. Except for (i)
Registration Data, which will be shared only with DG3 companies, by
you or your employer, to authorize your use of this Site, all
information collected from you and recorded about you in connection
with your use of this Site will be shared with DG3. Registration
Data may be used by DG3: (a) in order to allow us to provide you
with the products and services included within or accessible from
this Site; (b) in order for us to provide you with access to or
from the Linked Sites; (c) for our own marketing and/or research
and development purposes; and (d) in connection with our client
services and client management systems.
3.3 Disclosure of Information. DG3
understands that privacy is important to you. Except as otherwise
noted herein, DG3 will not rent or sell information we have
collected from or about you without your permission. For the
purposes specified in the preceding paragraph, we may transfer or
disclose Registration Data, Access Data and Visitor Data to any DG3
company, wherever located in the world. We may disclose
Registration Data, Access Data and Visitor Data to third parties
who are contracted to perform services on behalf of DG3, such as
those who assist DG3 in bringing you this Site and providing you
with certain features and functionality included within or
accessible via this Site. We may also disclose Registration Data,
Access Data and Visitor Data to third parties in connection with
their providing you access to this Site or to allow you to access
the Linked Sites. Disclosures to these third parties will be
subject to confidentiality agreements and, where required, governed
by contract in the form required by law. DG3 may also be required,
and reserves the right, to disclose information to governmental,
regulatory or self-regulatory entities or agencies in response to
regulatory inquiries or to comply with applicable laws, rules,
regulations, court orders, subpoenas or other legal
processes.
3.4 Consent. By (a) agreeing to these
Terms of Usage, which include this Privacy Statement, or (b) by
using this Site, and, in either case, providing any information
that may be required, invited or otherwise collected by us as set
forth above, you freely consent to DG3 processing your information
in the United States, England and any other countries and
territories for the purposes set out in these Terms of Usage, and
you also consent to the transfer of your information for such
purposes to any DG3 company wherever such entity may from time to
time be located and to any third parties as described above and in
accordance with applicable law and regulations. If you do not wish
DG3 to collect any of your information or do not agree with any of
the terms and conditions of these terms of Usage, you should not
use and should exit this Site. If after registering with DG3, you
desire to withdraw the consent granted in this Section 3.4 for all
future use of your information by DG3, you must notify DG3 in
writing at the address listed below and immediately cease use of
this Site.
3.5 Inquiries. If you have any questions
regarding this Privacy Statement or your information that is held
by us, please contact DG3 in writing using the contact information
provided below. If we receive a request regarding your personal
information held by us, we will use reasonable means to provide you
with such information that we can reasonably compile. You will be
given the opportunity to rectify any inaccuracies in such
information.
3.6 Encryption. DG3 may use encryption
technology to protect certain transmissions of data to/from this
Site, but e-mail and other communications, unless otherwise noted
on this Site, are not encrypted to/from this Site. Therefore, you
should not send any personal or identifying information, such as
account numbers, credit card numbers, Social Security numbers,
passwords, etc., to DG3 via e-mail. By utilizing e-mail or other
electronic communication means you acknowledge that you have no
expectation of privacy with respect to the information delivered
thereby and that DG3 will not be responsible for any loss or damage
that could result from interception by third parties of any
information so sent.
3.7 Linked Sites. Please remember that
when you leave this Site and access a Linked Site you will be
subject to the terms of use and privacy policies, if any, of the
Linked Site that you are visiting. DG3 will have no control over or
liability for claims arising out of the terms of use or privacy
policies of such Linked Sites.
3.8 Contact Information. In the event you
have any questions regarding these Terms of Use, this Privacy
Statement or your information that is held by us you may contact us
in writing in the United States at DG3, Attn: President, 100 Burma
Road, Jersey City, New Jersey 07305, or in Europe or Asia at DG3,
Unit C3, 2 Millharbour, London, E14 9TE.
Section 4 - MISCELLANEOUS
4.1 Entire Agreement. These Terms of
Usage constitute the entire agreement of the parties hereto with
respect to the subject matter hereof and supersede all prior
agreements and undertakings, both written and oral, between the
parties with respect to the subject matter hereof.
4.2 Governing Law; Forum in United States and
Asia. For users in the United States or Asia, these Terms
of Usage shall be governed in all respects by the laws of the State
of New York, and any litigation arising out of or connected in any
way with these Terms of Usage shall take place in a State or
Federal court of competent jurisdiction in New York County, State
of New York.
4.3 Governing Law; Forum in the European
Community. For users in the European Community, these
Terms of Usage shall be governed in all respects by the laws of
England, and any litigation arising out of or connected in any way
with these Terms of Usage shall take place in the courts of
England.