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Welcome to the Video on Demand Page for DigiMarCon East 2026.
Below are the video and slide decks for all the General Session keynote presentations on Thursday, May 12th, 2016 at New York Marriott at the Brooklyn Bridge Hotel, New York City, NY.
General Sessions (On Demand)
Thursday, May 12th, 2016
Lifecycle marketing is about attracting, selling and wowing!
Why should you attract? Because most people don’t know about your company. With demographics, you can target your customers. With psychographics, you learn how your customers think. Video is powerful. Think about creating your own channel. Attract interest and collect leads. Think of yourself as a tribe builder. Think of yourself as a publisher. And remember, design matters. Instead of asking potential customers to “subscribe” to your newsletter, offer them the chance to “sign up for (insert value add here).”
Selling is educating. What do your customers care about? Remind your customers that they need your services. Know what your offer is and know when to make the offer. Do your homework and know what stage of the selling cycle your customers are in. You need to educate them when they are hot. Educate. Offer. Close.
How do you WOW your customers? Deliver value, offer more and get referrals. Help your sales team deliver and delight your customers. Remember the value of touch points. Consider a welcome phone call. Up sell, cross sell and get referrals.
Mobile is redefining everything. Do you have an integrated mobile engagement strategy? Customers are constantly connected — 177 minutes a day average and check their mobile device an average of 150 times a day. Now is the time to integrate mobility into your touch points.
Look at the opportunities. How can you deliver a Transformative Customer Experience? Think of events that would bring value to your customers. Good, better, best. A good experience is a mobile offer. A better experience is to think about your customer. A best experience, a transformative experience, includes behavioral profiling and allows for interaction at the time of mobile purchase. It exists and doesn’t require a large application. Remember to track your mobile campaign performance and capture analytics. Mobile can bridge all of our assets and it is not expensive.
Interruption Doesn’t Work Anymore. Today the only messages people see and hear are the ones they choose to see and hear. 200,000,000 people block all ads. You have a choice. You don’t have to watch ads. Do you have a content strategy…or a collateral strategy? How do you make content primary, not secondary? Best content has a story…brand storytelling. Do you have authority to publish your content? We’re going to be producing journalism, not marketing. Find your story…interview your audience.
When creating content, think about:
- Creative execution across media
- Digital media planning and buying
- Measure, track, analytics
What makes an effective brand story? An authentic narrative that only your can own. Then build content around that brand.
- The Process
- The Outcome
- The Application
- Find the story
- Craft the story
Tell the story…that’s the process. How does your brand serve your audience? You must earn attention. Brand stories must be good, true, and contagious. Stories must embody the brand and differentiate your story.
Brands are stories… What is yours?
“Why 360° VR Video is the Future of Social Media Marketing” will open your eyes in all directions and shed some light on how you can utilize this technology for entertainment, engagement and sales.
Brian Cristiano, CEO of BOLD Worldwide will explain the value, excitement and execution of 360° video through an in-depth discussion and real-life examples. Attendees will walk away with a deep understanding of why brands need to use it and how to leverage social media to drive interaction.
While 360° VR video is quickly emerging as a new content frontier, it is still in its infancy. Now is the time to get in the game.
Instead of filming one angle, 360 let’s you share a variety of perspectives. It’s taking off. YouTube started supporting it last March. Facebook since September.
What makes great 360 content?
- Immersive…put somebody in a time or place
- Unique perspective…has to be different
- A great experience. Give them an emotion
Who benefits
- Sports teams and sponsors
- Brands
- Events
- Tourism
- Real Estate
Facebook marketing can drive massive engagement. One in every five mobile minutes is spent on FB. FB Paid Media adds fuel to the fire for 360 Video
- Incorporate your brand creatively
- Leverage FB Marketing the right way
- You can target it correctly
- The opportunity is now
- Create great content…not bullshit content.
- Gaming is the key…Twitch is where gamers go and stream them playing games.
Marketing is growth. Your goal should always be to over achieving on revenue targets. Growth is sales and marketing working together. What is the obstacle in front of us? Marketing as we know it has changed. Marketing has a lovability problem. Why aren’t marketers seen as positive?
Marketers have been bad. The old marketing playbook is broken. We have trained consumers to ignore us. While watching television, we use commercial time to get a snack. There is email…blocking. To add fuel to the fire, 66% of consumers are on the do not call list. The buyer is in control.
So how do you create marketing that people love? Adopt an inbound philosophy. Make it seller centric.
Our customers start their search online. We need to create content that adds value to their need.
Do you rent or own your marketing? Inbound is an equity building owned strategy.
56% of leads that HubSpot generates come from campaigns that ran months ago.
91% of marketers are using content.
42% say they are effective at it.
What content is good and bad according to your customer?
Market to others as you would want to be marketed to…it’s the golden rule.
Getting the Consumer to Connect with your Brand.
Solution: Creating viral videos that connect people to their passion. Sports.
You’re trying to get people to love your brand.
You have to enable videos to go viral.
Brand:
- Surprise and delight…blow people away
- Be authentic
- Stand for more than your bottom line
- Treat content as brand fuel
- Create experiences and adventures
- Make it personal
Make it viral…creating compelling content. Blow people away. Utilize influence. Strategically place content. Evoke high emotions. Make it simple and quick. Be relevant to the brand.
Increase ROI of social media marketing. One trick that will always work in social media…are you listening? If you use social listening effectively, you will save time energy and money. Listen before you create content.
When you create content ask if it:
- Adds value?
- Help or interrupt their online experience?
- Does it make their face move?
How do we really know? Content production: mirror vs photograph. We are drowning in data but staving for insight. We are data rich and insight poor.
Listen For:
- What is trending
- How do different targets speak
- Listen to competitors
- Listen to conversations
- Listen to your own communities
- Listen to forums…google forums for (fill in the blank)
How to Listen
- Decide what you’re listening for and what you are going to do with it
- Gain insights
- Listening in context
- Don’t speak like your target unless it’s natural
- Don’t comment things that are totally irrelevant to you unless there’s a clear connection
- Don’t open a conversation without thinking it through
There is a data explosion and digital disruption.
What makes a great experience? It should be compelling, personal and useful.
Content is key. Content needs to have context. Content is king, context is queen. Content should be centralized.
Deliver the experience. This needs to be orchestrated. Cross channel campaign management.
Optimize the experience: it’s all about context. Don’t fear the algorithms.
Blueprint for success: data is the foundation, content is your brand, orchestrate & deliver, optimize and learn.
Online reviews mean a great deal to businesses, as they are considered what customers experience and how they feel during and after the transaction. 92% of consumers read online reviews before making a purchase. We have evolved to trust strangers’ reviews on the Internet. 87 % of customers will not consider businesses with low ratings. Reviewing has become a phenomenon in all types of businesses, B2C and B2B, from tourism industry to health care industry. Public opinions, which are very visible, can make businesses feel overwhelmed or even helpless as they feel they have no control over such important matter. However, consider the following facts: 82% of consumers read 2 to 10 reviews, not just 1 single bad review; 69% of consumers believe reviews older than 3 months do not matter; and Google algorithms tend to pick up fresh content (75% of Yelp’s site traffic comes from Google), businesses have an opportunity to turn online reviews to their advantages.
However, it must be acknowledged that “Manipurated” can be harmful. “Manipurated” can present itself in:
Fake review: as much as 25% of reviews submitted to Yelp are fake, and even with Yelp’s screening, there is no guarantee that they are authentic. Companies/individuals who are in the business of providing fake reviews, may go through extreme measurements to create complete fake personas if needed. However, fake reviews are a zero sum game. They do not help the sellers, the buyers nor the review platform as they distort the implied trust in the online reviewing process.
Profiteering: Sales Industry calls this practice “Fear-based selling” where companies are forced to pay to even have their voices heard. This creates conflict of interest and results in some real anger against review-and/or-rating companies.
Reputation Management: Many operate this service almost in a form of blackmailing. The scheme involves several phases: initial contact, offering, and menace. Businesses are pressured into overpaying for opaque offering and receiving bad advices
Five steps to fight back and win in the online reviewing battle:
1. Know where to see and be seen: be aware of online review platform for your businesses and if you are being reviewed
2. Make every review count: treat each review as an marketing opportunity, and it can show potential consumers that you are paying attention
3. Keep it fresh: do not hesitate to actively ask your customers / clients for reviews
4. Show off reviews: mention this to current and potential customers / clients
5. Know when, why and how to seek help: Sometimes, your internal efforts may not be enough to solve problems. Thus, it is alright to seek help from a reputation management company or lawyer.
In short, make it a habit to manage your online reviews. Daniel suggests that the code of conduct should include:
practice good review hygiene every single day
take the commitment seriously
avoid taking review personally
follow the steps and don’t cut corners
More specifically, Daniel suggests to spend roughly 20 minutes daily to perform the following tasks
New review: quickly scan for new reviews
Draft your answers: keep it concise, stop, drop and roll
Cross-promote your good reviews: promote it now if you find something good
Review the reviews: to determine what people say and what you should do next.
Below are the slide decks for all the Master Classes on Friday, May 13th 2016 at New York Marriott at the Brooklyn Bridge Hotel, New York City, NY.
Master Classes (On Demand)
Friday, May 13th, 2016
● Tribe building: Twitter chats, sponsored content
● Question: how do you keep building your audience without spending thousands in search/demand generation spending?
○ Answer: Your existing audience needs to be nurtured in conjunction with creating content for a new audience. Mix up evergreen content with fresh stuff; keep an editorial calendar updated; include news of the day (e.g. financial services – write blog posts on recent finance news). Consider using a platform like SproutSocial to coordinate.
● Influencer Marketing = you work with a marketer who has a large following on social sites. There are influencer marketing firms that you can hire to find the right influencers.
● Sponsored Content = sponsor an article on (e.g.) Mashable.com
● Sponsored Reviews = an influencer reviews your product. You have to be very clear with influencer to include your important keywords. This is a risky form of marketing because you are trusting another person to tout your product. You should require a final view of the review before they post publicly.
● SEM platforms:
○ AdWords – ad extensions – can help your campaigns perform better
○ Bing adCenter
○ Yahoo Gemini
● Wall Street has reported that keywords and clicks have gotten more expensive over the last 2 years
● Media auctions can be painful – the winner’s curse: there are only 2 kinds of marketers at the top of the PPC search results:
○ Brilliant marketers
○ lucky/irrational idiots
● There are lots of layers in the paid search process
○ Quality score = Google gives to each ad and keyword combo in its system at a specific time and geo (pre-click leverage)
○ Your score compares you against your peers
○ When you have a higher quality score, you have more leverage
○ Every improvement you make (e.g. average order size, shopping cart size, conversion rate, CTR), the max bid increases — think of it as compound impact
● Bid Management: top 10% of keywords spend 80% of your budget (based on 25 client analysis)
○ Long-tail: so skinny and long that it’s almost not worth it to go after
○ You should spend all of your time trying to optimize around your top 10%
● Your top 10% of spending keywords
○ Optimal geography – a person’s geography tells you about your consumers
○ Keyword tells you about intent
● PLA = product listing ads (product SKU, description)
● Long tail = wrong tail: going long won’t work because someone w/ broader match type will likely prevail
● Segmentation = your best tool
○ Do an analysis of day parting based on conversion rate and incremental page views
○ A bid management platform will notice if something breaks
● Attribution modeling = You need to figure out all the other steps the consumer took to click on your ad (e.g. a display ad delivered 20% of impact that led to click and conversion on search ad)
○ Marginal elasticity: does purchase behavior changed based on price? Example: cigarettes and gas are not elastic.
○ What keywords are more or less elastic? You need to look at keyword elasticity to determine bid.
○ A common question is should we bid on our brand keyword (e.g. Foot Locker)? The smart marketers have a different CTA for a paid search vs. an organic search.
○ You should also take into account Microconversions (newsletter registrations, visits to Contact Us page, Facebook likes)
● Geo-targeting analysis: look at conversion rate by geo
● Question: how do you supervise an agency and audit to know they’re doing SEM correctly (e.g. do you look at bounce rate metrics)?
○ Answer: opportunity costs are difficult to measure. You can hire another agency to audit the original agency’s campaigns. Look at quality score in relation to account structure.
● SEO — you need the right site strategy: you need to understand the rapidly changing world of algorithms that dramatically change rankings.
○ Google has made more changes in the last 3 years than in the previous 10 years because SEO’ers are getting more savvy.
○ SEO is a meritocracy – find the SEO “white space”
○ Search engine land: periodic SEO chart http://searchengineland.com/seotable
○ Google has changed its search algorithm in the last 3 years to steer away from keywords to intent
○ Google has gone beyond universal search (images, site, etc…) – they look beyond content now; they are trying to guess what your customers want
■ Google imputes Likely Intent = you need to think about what Google thinks is likely
○ No human will know why something ranks (years ago, humans did determine the ranking), now metrics drive the algorithm
■ Relative CTR vs. other results
■ Long to short click ratio
■ Metrics of user engagement on the page
○ Still, you need old ranking inputs (and then layer in new algorithmic factors)
■ Layer in searcher behavior outputs: visits (search, direct, other), time on site, bounce rate, pageviews per session, sharing via Gmail, repeat visits
○ Does improving CTR improve your position? Not necessarily. Take bounce rate into account as well.
○ Every element counts (Moz): did you get organic sitelinks? Is there a brand dropdown? Is the title compelling?
○ Does social activity predict SEO success? Google will look at dwell time, bounce rate, email data, Google G+ engagement. Think beyond clicks and focus on your social presence.
● SEO isn’t purely a marketing function; other groups in your company should be thinking about the company’s search results.
○ HR should think about LinkedIn results showing up in a search.
○ Investor Relations should be interested in showing in relevant search results when people search for stock prices
● Youtility: Be a farmer, not a hunter
○ Example: Hilton taught concierges how to search for questions on social sites and respond to users
○ Example: Disney Magic Timer app w/ Oral-B
● 3 types of Youtility:
○ Self-serve information: SEO 101, consumer has intent to make a purchase
■ Intercept example: UK app that gives you an eye test and then recommends a nearby optician
■ If you teach better, you sell better
○ Radical Transparency: build trust with your consumers via your content
■ GoodRX site which shows how different pharmacies price medications
○ Real-Time Relevancy
■ Vanderbilt University created an app for coaches to track heat index, weather in the summer
■ New-York Presbyterian Hospital created a public safety commercial on how to do CPR, then created a playlist on Spotify with songs that had the same beat as Stayin’ Alive (you should push on the chest to the same beat as Stayin’ Alive – 100 beats/minute)
● 10 mistakes to avoid in content marketing
1. Not knowing your audience
2. No “About” page – e.g. no information about an e-book
3. Not promoting your content on social (content is fire, social media is gasoline; use social to promote Youtility first, company second
4. Not sharing personal stories
5. Poor editing & typos; Video content should be less than 2 minutes; ideal blog post for B2B side ~ 750-1500 words
6. No editorial mission or voice
7. Content that is not visual enough: people only read 20% of the text on a page. When an image is paired w/ the text, ppl retain 65% of the content 3 days later.
8. Not analyzing data: review your analytics to learn about what people like and don’t like (Google Analytics, email surveys, content shares on social media, hashtag analysis)
9. Not creating relevant headlines
i. 6-8 words are the ideal number of words in a headline
ii. The Ultimate Headline formula: number + adjective + keyword + rationale + promise = ultimate formula
10. Ignoring comments: even negative comments should help your content strategy
● Content Operations
○ The See-Think-Do Model: the master funnel for any content strategy
■ See: Awareness
■ Think: Consideration, Research
■ Do: Conversion, Action
■ Share: sharing activity, public reviews, UGC
○ Follow the 1:8 Rule – for every 1 piece of content, you should be able to produce 8 different pieces of follow-up content (e.g. video based on original blog post)
○ Amplify through Brand Ambassadors: consider paid promotion and content, SocialToaster is a good tool
○ Align with Fan Usage: be where the fans are (e.g. on Facebook – users are on between 7 AM – 8 PM MST). B2B: Sunday nights are peak usage times for your B2B clients for a blog post.
○ Align with Personas: create personas of your customers and align your content to market to them
■ Example: Flowcrete (flooring & cleaning solution) created personas for an (e.g.) janitor and then created specific marketing content to each persona
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The DigiMarCon Difference
Business and marketing professionals have a lot of choice in events to attend.
As the Premier Digital Marketing, Media and Advertising Conference & Exhibition Series worldwide
see why DigiMarCon stands out above the rest in the marketing industry
and why delegates keep returning year after year
Global Event Series
DigiMarCon is the Largest Digital Marketing, Media and Advertising Conference & Exhibition series in the world, with annual events held in all continents (North America, Latin America, Europe, UK, Asia Pacific, Middle East and Africa) in 13 countries (United States, Canada, Australia, New Zealand, United Kingdom, Ireland, Netherlands, Spain, Brazil, Singapore, India, United Arab Emirates and South Africa), across 33 cities (New York, Philadelphia, Boston, Toronto, Vancouver, Montreal, Houston, Dallas, Chicago, Los Angeles, San Francisco, Seattle, Washington DC, New Orleans, Atlanta, Detroit, Miami, Denver, San Diego, Phoenix, Las Vegas, Honolulu, London, Dublin, Amsterdam, Barcelona, Johannesburg, Cape Town, Dubai, Sydney, Auckland, Singapore and Sao Paulo). All DigiMarCon Events can be attended in-person or online. Wherever you are located there is a regional DigiMarCon event nearby you can attend.
5-Star Luxury Event Venues
DigiMarCon Conferences are held in top luxury 5-star event venues across the world such as; Royal Caribbean Cruise Ships, Olympic Stadiums, Marina Bay Sands Expo & Convention Centre and Wynn, JW Marriott, Marriott Marquis, Hyatt Regency, InterContinental, The Westin, Renaissance, Hilton, Conrad, W, Sheraton, Loews and Sofitel Hotel properties. Discount hotel room rates at each venue hotel means no hassle getting to and from the venue each day.
Extensive & Memorable Networking Experiences
Building relationships matter! At DigiMarCon Conferences we have more networking breaks on our program than others. On average there are 8 Networking breaks at each event giving delegates ample opportunities in a relaxed atmosphere to meet others over the 2-days at the event; from 1-hour round table networking luncheons to 3-hour dinner receptions. These networking breaks are set in picturesque locations to facilitate memorable experiences while fostering new relationships. Such experiences include enjoying cocktails and the Sunset over the Pacific Ocean on a private Ocean Terrace in Santa Monica, to being on the Sydney Olympic Stadium playing arena at night enjoying cocktails under the lights, to dining at the 360 Revolving Restaurant at the top of the CN Tower in Toronto for a Dinner Reception, enjoying cocktails on a private promenade overlooking Times Square in New York City, or having fun at the Dazzles Night Club onboard the Royal Caribbean Oasis of the Seas for a Farewell Party, etc.
Industry Thought Leaders from Leading Brands
DigiMarCon Keynotes, Panels and Master Classes are facilitated by the foremost thought leaders in the industry, from celebrity social media influencers to CMO’s from the largest Fortune 500 company brands that are disrupting the digital marketing, media and advertising industry, such as Google, Facebook, Microsoft, Amazon, Oracle, Adobe, eBay, Netflix and more. All presentations are pitch-free, and include actionable takeaways, case studies, strategies and tactics, ready to be applied when back in the office.
Premium Comfortable Meeting Spaces
At DigiMarCon Conferences you are never ‘left in the dark’…. literally, in a large room far away from the stage and speakers, crushed in tight theater seating, without even a table, while sitting in the dark. At DigiMarCon all delegates have premium meeting space in luxurious ballroom well-lit spaces, with comfortable seating with table enabling delegates to use their laptop to take notes with ample charging facilities onsite in a comfortable space to learn and thrive. All tables are situated close with direct view of the stage.
Value for Money & Generous Discounts
DigiMarCon Conferences are affordable to attend, from single-day event passes up to two-day VIP options at a fraction of the cost of other industry events. We offer significant discounts for early bird registrations. Additionally, on top of time-limited discount pass rates, because budgets are tight, we want to make sure all groups have a chance to attend DigiMarCon. For government employees, students, academic, startups, non-profit organizations and teams, we offer generous discounts off the prevailing registration price.
Collaborative Learning & Audience Participation
Attend DigiMarCon and you become part of the show! DigiMarCon Conferences tap into the talent of the room, drawing from the knowledge and experience of the professionals in the audience. All DigiMarCon events include regular interactive question and answer sessions with speakers and the audience ideal for collaboration, audience polls, along with ice-breaker and group exercises, steered by charismatic Emcees.
Meet the Speakers in Person
DigiMarCon Conferences put you right up and close with the speakers giving you the opportunity to meet these social media influencers which you follow in person. Speakers are never hidden in private speaker rooms away from the audience, they are in the auditorium sitting right beside you and participating.
Exceptional Customer Service
Attending a conference is a well-researched decision. There are many factors to consider such as location, time, venue, cost, speakers, content, etc. At DigiMarCon our results-obsessed Customer Service team are at your service before, during and after the event to help with your needs. It’s at the core of what we do — it drives our business. Offsite, we are ready to assist you via phone, ticket or chat. Onsite at our Conferences, friendly DigiMarCon staff serve as your hosts. They welcome your input and are happy to assist you.
TECHSPO Technology Expo
At all DigiMarCon Conferences is the co-located exclusive event TECHSPO Technology Expo, which showcases the new generation of technology and innovation, including; AdTech, MarTech, Internet, Mobile and SaaS technologies. Be inspired, amazed and educated on how these evolving technologies will impact your business for the better. Unlimited Access to TECHSPO Technology Expo is included with all DigiMarCon passes.
On Demand Library Access
DigiMarCon All Access & VIP Passes include a 12-month on demand access to hundreds of hours of DigiMarCon speaker keynotes, panels and master class presentations from recent DigiMarCon Conferences, including videos, slide decks and key takeaways, available on demand so you can watch what you want, when you want.
The Largest Digital Marketing, Media & Advertising Community
Attendees of DigiMarcon Conferences gain membership to an exclusive global Digital Marketing, Media and Advertising Community of over 500,000 worldwide subscribers to our award-winning digital marketing blog and over 100,000 members to the International Association of Digital Marketing Professionals (visit https://iadmp.org). This global community comprises of innovators, senior marketers and branders, entrepreneurs, digital executives and professionals, web & mobile strategists, designers and web project managers, business leaders, business developers, agency executives and their teams and anyone else who operates in the digital community who leverage digital, mobile, and social media marketing. We provide updates to the latest whitepapers and industry reports to keep you updated on trends, innovation and best practice digital marketing.
Safe, Clean & Hygienic Event Environment
The events industry has forever changed in a world affected by COVID-19. The health and safety of our guests, staff and community is our highest priority and paramount. The team at DigiMarCon is dedicated to ensuring a great experience at our in-person events, and that includes providing a safe, clean and hygienic environment for our delegates. Some of the key areas we have implemented safe and hygienic measures include;
- Limiting Venue Capacities to allow for Social Distancing
- Health and Safety Protocols
- Safe Food and Beverages and Food-handling
- Sanitation Stations with Hand Sanitizer and Wet Wipes Dispensers
- Sanitation and Disinfection of Common and High-Traffic Areas
- Physical Distancing Measures Between Attendees
- Social Distancing Room and Seating Configurations
- Non-Contact Thermal Temperature Scanning
Hybrid Events: Attend In-Person or Online
DigiMarCon has always been industry leaders of the Hybrid Event experience for years (a hybrid event combines a "live" in-person event with a "virtual" online component), no one needs to miss out on attending our events. Each DigiMarCon Conference can be attended in-person (with a Main Conference, All Access or VIP Pass) or online (with a Virtual Pass) giving attendees a choice for the experience they want to have. Attending virtually by viewing a Live Stream or On Demand enables participation by people who might be unable to attend physically due to travel or time zone constraints or through a wish to reduce the carbon footprint of the event. If you would like to meet the speakers, network with fellow marketing professionals at refreshment breaks, luncheons and evening receptions, check out the latest Internet, Mobile, AdTech, MarTech and SaaS technologies providers exhibiting then it is highly recommended to attend DigiMarCon in-person. As the largest Digital Marketing, Media and Advertising Conference series with events in 33 international cities worldwide, across 13 countries, there is bound to be a DigiMarCon Event near you to attend in-person if you can.
High-Profile Audience From Leading Brands
DigiMarCon Conference Series is the annual gathering of the most powerful brands and senior agency executives in your region. The Sharpest Minds And The Most Influential Decision Makers - Together for Two Days.
Who Attends Our Conferences
Brands • Agencies • Solution & Service Providers • Media Owners • Publishers • Entrepreneurs • Start-Ups • Investors • Government • Corporates • Institutes of Higher Learning
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As noted in the discussions of cookies and web beacons (see above), we collect anonymous, non-personal information about your use of e-mails and newsletters that we may send to you from time to time. In some cases, when you click on a link or an advertisement in an e-mail or newsletter, your browser may be momentarily directed to the site of a third party which, acting on DigiMarCon behalf (see Disclosure to Web site Service and Content Contractors, below), notes or "counts" your response to the e-mail or newsletter before re-directing your browser to its proper destination. This re-direction process will not be apparent to you.
F. Information Collected by Third Parties Not Acting on DigiMarCon Behalf
Sponsors, business partners or advertisers on the Site or in e-mails, special promotions or newsletters we may send to you from time to time may also use their own cookies or web beacons when you click on their advertisement or link to their site or service, or even if the advertisement simply appears on a page or in an e-mail that you are viewing. Some advertisers use companies other than DigiMarCon to serve their ads and to monitor users' responses to ads, and these companies ("Ad Servers") may also collect non-personal information through the use of cookies or web beacons on our Web site. In certain situations, information collection may be facilitated by momentarily directing your browser to the site of an Ad Server or other third party acting on behalf of the sponsor, business partner, or advertiser before re-directing your browser to its proper destination (e.g., back to DigiMarCon to show the ad, or to the advertiser's Web site); this re-direction process will not be apparent to you. We do not control these third parties' use of cookies or web beacons, or how they manage the non-personal information they gather through them. However, you should review the privacy policy of other sites you visit or link to from our site to understand how these other sites use cookies and how they use the information they collect through the use of cookies or web beacons on their own sites.
G. Public Forums
This Privacy Policy does not apply when you use DigiMarCon public forums if and when they become available. As a service to our users, DigiMarCon may feature chat rooms and bulletin boards where users can share information and support one another or where users can post questions for other users to answer. You should be aware that any information shared in a chat room, bulletin board, or other type of posting is public information and may be seen, disclosed to or collected by third parties that do not adhere to our Privacy Policy. You should think carefully before disclosing any personal information in any public forum.
H. E-mails to DigiMarCon
This Privacy Policy does not apply to any information, such as business information, resumes, ideas, concepts or inventions sent to DigiMarCon by e-mail to the various DigiMarCon departments listed on the DigiMarCon Web site. If you want to keep business information, resumes, ideas, concepts or inventions private or proprietary, do not send them in an e-mail to DigiMarCon. We try to answer every e-mail in a timely manner, but are not always able to do so.
II. DISCLOSURE OF YOUR INFORMATION
A. Generally
Except as set forth in this Section II, or as specifically agreed to by you, DigiMarCon will employ best efforts to not use or disclose any Personal Information it gathers from you unless reasonably required in order to answer your questions, provide products and/or services you may request or purchase from DigiMarCon (such as, information we need to share with our credit card internet gateway), or to comply with governmental or internal record-keeping requirements as reasonably required. We may release Personal Information to third parties: (1) to comply with valid legal requirements such as a law, regulation, search warrant, subpoena or court order; or (2) in special cases, such as a financial threat to you or others. In the event that we are legally compelled to disclose your Personal Information to a third party, we will notify you unless doing so would violate the law or court order.
B. Disclosure to DigiMarCon Subsidiaries/Affiliated Entities
DigiMarCon may disclose Personal Information to its corporate subsidiaries or entities affiliated with DigiMarCon. Any Personal Information provided to DigiMarCon subsidiaries or entities affiliated with DigiMarCon will be treated by those subsidiaries and affiliated entities in accordance with the terms of this Privacy Policy.
C. Disclosure to DigiMarCon Operations and Maintenance Contractors
DigiMarCon operations and maintenance contractors may sometimes have limited access to your Personal Information in the course of providing products or services to DigiMarCon. These contractors include vendors and suppliers that provide us with technology, services, and/or content related to operation and maintenance of our Web site. These contractors also may have access to your e-mail address to send newsletters or special promotions to you on our behalf or to send e-mails to you for purposes such as conducting market research on our behalf. Access to your Personal Information by these contractors is limited to the information reasonably necessary in order for the contractor to perform its limited function for DigiMarCon.
D. Disclosure to Web site Service and Content Contractors
Certain content and products and services offered to you through our Web site are served on Web sites hosted and operated by a company other than DigiMarCon ("Third Party Contractor Web sites"). Therefore, if you purchase services or products through one of these Third Party Contractor Web sites, you will be purchasing it from the Third Party Contractor and not from DigiMarCon. Further, you should be aware that any information you disclose once you access these other sites is not subject to this Privacy Policy. DigiMarCon does not endorse and is not responsible for the privacy practices of these Third Party Contractor Web sites and, therefore, you should review the privacy policy posted on the other site to understand how that Third Party Contractor Web site collects and uses your Personal Information. Also, if you have reason to believe that you may be leaving our Web site and entering a Third Party Contractor Web site, you should be cautious about providing any Personal Information until you have reviewed the privacy policy posted on the other site.
E. Disclosure to or by Co-branded Channel Partners
DigiMarCon is a contractor and provides co-branded products and/or services to Web sites hosted and operated by companies other than DigiMarCon ("Channel Partner Web sites"). You can only access these co-branded content and products and/or services through the Channel Partner Web site. The co-branded DigiMarCon pages that you may access through a Channel Partner Web site have different registration processes and opportunities for information collection, and Personal Information that you provide on these pages may be shared with the Channel Partners. Each of these co-branded DigiMarCon sites has its own privacy policy posted on that site. Therefore, if you visit one of these co-branded DigiMarCon sites, please read the privacy policy that is posted on that site, as well as the individual privacy policy of the Channel Partner Web site.
F. Disclosure to Linked Sites
In addition to the Third Party Contractor Web sites that you may access as described above, for your convenience there are links to Web sites operated by companies other than DigiMarCon that are not contractors who provide content, products, and/or services through our Web site ("Third Party Web sites"). These links may be found in advertisements, referenced within content, or placed beside the names or logos of sponsors or affiliated business partners of DigiMarCon. DigiMarCon does not disclose your Personal Information to these Third Party Web sites without obtaining your consent. DigiMarCon does not endorse and is not responsible for the privacy practices or content of these sites. If you choose to link to one of these Third Party Web sites, you should review the privacy policy posted on this other site to understand how that Third Party Web site collects and uses your Personal Information.
G. Disclosure of Aggregate Information
DigiMarCon may provide to third parties non-personal information about you that does not allow you to be identified or contacted and that is combined with the non-personal information of other users ("Aggregate Information"). For example, we might inform third parties regarding the number of users of our site and the activities they conduct while on our site. We might also inform a company that performs services or that provides products and/or services to DigiMarCon (that may or may not be a DigiMarCon business partner or an advertiser on our site) that "50% of our users live in the USA" or that "85% of our users have purchased products and/or services which can be downloaded from DigiMarCon Web site." Depending on the circumstances, we may or may not charge third parties for this Aggregate Information. We may not limit the third parties' use of the Aggregate Information.
III. HOW DigiMarCon HANDLES PRIVACY AND SECURITY INTERNALLY
DigiMarCon wants your Personal Information to remain as secure and accurate as possible. We implement appropriate measures and processes to protect your Personal Information and maintain its quality, such as encryption. Although we make reasonable efforts to protect your Personal Information from loss, misuse, or alteration by third parties, you should be aware that there is always some risk involved in transmitting information over the Internet. There is also some risk that thieves could find a way to thwart our security systems.
IV. YOUR PRIVACY CHOICES
You will be given the option to opt in or sign up for recurring informational/promotional e-mails from DigiMarCon and/or third parties. You may opt out of receiving e-mails from or on behalf of DigiMarCon. You may opt out of receiving these e-mails and newsletters at any time. When you have received a newsletter you wish to stop, click on the "reply" button in your mail program, then type in the word "UNSUBSCRIBE" in the "Subject" field and send. DigiMarCon Customer Service will unsubscribe you.
You may also have the option of receiving e-mails or newsletters from third parties, participating in research or marketing surveys and participating in other activities. You may exercise these options by placing a check mark beside a statement that expresses a preference for receiving these communications or participating in these activities. You may change your decision at any time by following the directions regarding how to unsubscribe from these e-mails or newsletters.
This privacy statement applies only to the Site. The DigiMarCon Web site does contain links to other sites. Once you enter another Web site (whether through an advertisement, service, or content link), be aware that DigiMarCon has no control over and is not responsible for the privacy practices of such other sites. We encourage you to look for and review the privacy statements of each and every Web site that you visit through a link or advertisement on DigiMarCon Web site or any site that collects Personal Information from you.
V. UPDATING YOUR PERSONAL INFORMATION AND CONTACTING DigiMarCon
You can always contact us in order to (1) delete your Personal Information from our systems, (2) update the Personal Information that you have provided to us, and (3) change your preferences with respect to marketing contacts or other activities, by e-mailing us at [email protected]. Such changes will not have any effect on other information that DigiMarCon maintains. If you have a complaint or problem you may e-mail us at [email protected] and the customer service department will forward your complaint to the appropriate internal DigiMarCon department for a response or resolution. We try to answer every e-mail in a timely manner but are not always able to do so.
You should be aware that it may not be technologically possible to remove each and every record of the information you have provided to DigiMarCon from our servers. The need to back-up our systems to protect information from inadvertent loss means that a copy of your Personal Information may exist in a non-erasable form that may be difficult or impossible for us to locate. Nevertheless, upon receiving your request, we will endeavor to delete all Personal Information stored in the databases we actively use for research and daily business activities, as well as other readily searchable media.
In the future and without notice to you, we may make significant or non-significant changes to our privacy policy affecting the use of the Personal Information you provide to us or other information we have gathered. You should visit our Web site from time to time and read our Privacy Policy then in effect to familiarize yourself with the current version.
Acceptance of Terms of Use of This Website. DigiMarCon, LLC ("Company") makes this website (the "Site"), including all information, documents, text, and graphics on the Site (collectively, the "Site Materials") as well as all software, products, and services offered and/or operated by Company and/or third parties through the Site (collectively, the "Products and Services"), available for your use subject to the terms and conditions set forth in this document, as may be revised from time to time by Company (collectively, the "Terms of Use"). BY ACCESSING OR USING THIS SITE IN ANY WAY, INCLUDING, WITHOUT LIMITATION, EVALUATING, DOWNLOADING, PURCHASING, AND/OR USING ANY OF THE SITE MATERIALS OR PRODUCTS AND SERVICES DISPLAYED AND/OR OFFERED ON THIS SITE, OR BY MERELY BROWSING THIS SITE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS OF USE AND COMPANY'S PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE.
This Site is intended for lawful use by persons over eighteen (18) years of age. Company reserves the right to change the Terms of Use and other Company guidelines and policies (including, but not limited to, the Privacy Policy and the Registration Terms and Conditions) posted on the Site from time to time at its sole discretion, with or without notice, and the revised Terms of Use and other revised guidelines and policies shall be posted on the Site. Your continued use of the Site, or any Products and Services accessible through it, constitutes your acceptance of the revised Terms of Use, and your use of the Site will be subject to the most current version of the Terms of Use, policies, and guidelines posted on the Site at the time of such use. Therefore, you should periodically check the Terms of Use and policies on Company's home page to view the then current versions. If you breach any of the Terms of Use, your authorization to use this Site and any authorized use of Site Materials shall automatically terminate, any Site Materials downloaded or printed from the Site, whether authorized or unauthorized, must be immediately destroyed and, in certain cases, you may also be required to immediately stop using Company's Products and/or Services.
Certain Products and Services available on or through this Site are available only to persons who have purchased or subscribed to them under a paid or trial subscription agreement with Company or one of its affiliates (the "Subscribers") or persons invited by Company or one of its affiliates to evaluate such Products and/or Services, or who have requested the right to perform such an evaluation.
Intellectual Property; Limited License to Users. This Site, the Site Materials, and the Products and Services are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Site, Site Materials, and/or Products and Services may violate such laws in addition to the Terms of Use. Except as expressly provided herein, Company and its licensors and suppliers do not grant any express or implied license to the Site, Site Materials, Products or Services. You agree not to copy, republish, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on, the Site, the Site Materials, or its Products and Services, except if expressly authorized herein.
Use of Services. When purchasing or using Products and/or Services on this Site that are offered by Company, you shall be subject to any agreements or licenses applicable to such Products and/or Services (“Specific Agreement”) and to the Terms of Use. Specific Agreements may contain terms and conditions in addition to those in the Terms of Use but all terms and conditions of the Specific Agreements and the Terms of Use shall apply. In the event of a conflict between the Terms of Use and any Specific Agreement, the Specific Agreement shall control with respect to your rights to the Product or Service.
In addition to the Products and Services offered by Company, this Site also advertises, offers, or makes available information, products and/or services provided by third parties (collectively, the "Third Party Materials"). Third Party products and/or services are governed by separate agreements or licenses with the Third Parties. Company offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Materials, including any liability resulting from incompatibility between Third Party products and/or services and the products and/or services provided by Company. You agree that you will not hold Company responsible or liable with respect to the Third Party Materials or seek to do so.
Use of Software, Products, and Services. The software, Products and Services, and accompanying documentation that is made available through this Site, whether made available by downloading or otherwise, is the copyrighted and/or patented work of Company and/or its licensors and/or suppliers. Use of the software, Products and Services, and accompanying documentation is governed by the terms of the agreement or license that accompanies or is included with such software or Products and Services. You will not be able to download or install any software or Product that is accompanied by or includes a license agreement, and you will not be able to use any Service, unless you agree to the terms of the applicable license agreement. If you do not agree to such terms, you will not be able to use the software, Products or Services. Absent a license agreement that accompanies the software or Products and Services, use of the software or Products and Services will be governed by the Terms of Use. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the software and Products and Services available on this Site, and that you will not decompile or reverse engineer any of the Products and Services.
Use of Site Materials. Except as may be indicated to the contrary elsewhere on this Site, you may view, download, and print the Site Materials available on this Site subject to the following conditions:
- The Site Materials may be used solely for personal, non-commercial, informational purposes.
- The Site Materials may not be modified or altered in any way.
- The Site Materials on the Site may not be distributed or sold, rented, leased, or licensed to others.
- You may not remove any copyright or other proprietary notices contained in the Site Materials.
- Company reserves the right to revoke the authorization to view, download, copy, and/or print the Site Materials available on this Site at any time, and any such use shall be discontinued immediately upon notice from Company.
- Any rights granted to you by Company constitute a license and not a transfer of title.
Important Exceptions: Various sections of the Site (such as, by way of example only, demonstrations which show the use and/or utilization of Company Products and/or Services in the movie production industry, or showcase the work of creative professionals) belong to their creators (the "Third Party Content"), may be protected by copyright or other proprietary laws, and are for display and demonstration purposes only. Accordingly, you may not download, use, copy or print Third Party Content unless there is a notice associated with the Third Party Content work expressly permitting downloading, use, copy and/or printing. The rights specified above i.e., the right to view, download, and print the Site Materials and Third Party Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by copyright and other laws and may not be copied, reproduced or imitated in whole or in part.
Trademark Information. The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of Company or third parties. You are not permitted to use the Marks without the prior written consent of the owner of the Mark. DigiMarCon is a trademark of Company.
Submission of Information. Information submitted through this Site may be accessed and used by a Company service provider. Although Company and Company's service provider (Paypal, Inc) each take certain steps in an effort to protect the electronic transmission of credit card numbers or social security numbers ("Financial Information") that you submit through the Site, Company does not guarantee the security of any information transmitted to or from the Site. You understand and agree to assume the security risk for any information you provide using the Site.
Other than the Financial Information, do not send any confidential or proprietary information through the Site. Except for the Financial Information or personally identifiable information relative to you, any information you do send through the Site will be deemed NOT to be confidential ("Non-Confidential Information"). For any Non-Confidential Information you do send, post or submit, you hereby grant Company and its affiliates, successors, and assigns an unrestricted, royalty-free, irrevocable, worldwide license to use, reproduce, display, perform, modify, transmit and distribute the Non-Confidential Information, and agree that Company is free to use any ideas, concepts, know-how or techniques that you send Company for any purpose and in any manner whatsoever without compensation to you or any other person sending the Non-Confidential Information. You represent and warrant that you own or otherwise control all of the rights to the Non-Confidential Information and that public posting and use of your content by Company or its affiliates, successors or assigns, will not infringe or violate the rights of any third party. If you submit personally identifiable information via the Site, Company will treat it in accordance with the Privacy Policy found on the home page of this Site and our service provider will treat it in accordance with its Privacy Policy, which can be found here: https://cms.paypal.com/us/cgi-bin/marketingweb?cmd=_render-content&content_ID=ua/Privacy_full&am/
You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
User Conduct. In using the Site, including all Products and Services available through it, you agree:
- not to disrupt or interfere with any other user's use or enjoyment of the Site or affiliated or linked sites;
- not to upload or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files;
- not to create a false identity;
- not to use or attempt to use another's account, password, services, or systems;
- not to attempt to transmit any content which you are not authorized to transmit; and
- not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Products and Services, Site Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.
Managing Content and Communications. Although it is not our intention to do so, Company reserves the right, in its sole discretion, to delete or remove your content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time if we have cause to do so (including, without limitation, our good faith belief that you have violated the Terms of Use) without prior notice or liability. In addition, Company reserves the right to delete or remove your content if the applicable subscription or license has expired or lapsed or if Company has a good faith belief that you have violated these Terms of Use or any law or regulation, or that such deletion or removal is necessary to comply with the law or to protect the rights of Company or others. Company may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit content, and (ii) the substance of any content. To the maximum extent permitted by law, Company will have no liability related to your content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Company also disclaims all liability with respect to the misuse, loss, modification, destruction, or unavailability of any of your content.
Use and Protection of Account Number and Password. You are responsible for maintaining the confidentiality of your account number, account name, and/or password, where and when applicable to the Site. You are responsible for damages resulting from all uses of your account number, account name, and/or password, whether actually or expressly authorized by you, unless access to your account number, account name, and/or password was obtained through no fault or negligence of your own.
WARRANTIES AND DISCLAIMERS. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND COMPANY, THIS SITE, AND ALL SITE MATERIALS, PRODUCTS, AND SERVICES ACCESSIBLE THROUGH THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING,COMPANY MAKES NO WARRANTY THAT (i) THE SITE MATERIALS, PRODUCTS, AND SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SITE MATERIALS, PRODUCTS, AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ALWAYS AVAILABLE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE MATERIALS, PRODUCTS, AND SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY SITE MATERIALS, PRODUCTS, AND SERVICES PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE PRODUCTS AND SERVICES OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, THE SITE MATERIALS, PRODUCTS, AND SERVICES, WILL BE CORRECTED.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS.COMPANY MAY MAKE CHANGES TO THE SITE MATERIALS, PRODUCTS, AND/OR SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS AND SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE SITE MATERIALS, PRODUCTS, AND/OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND COMPANY MAKES NO COMMITMENT TO UPDATE SUCH SITE MATERIALS, PRODUCTS, AND/OR SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) COMPANY DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED AND/OR PERFORMED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THOSE PROVIDED BY THIRD PARTY VENDORS OR THOSE ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED AND/OR PERFORMED BY THIRD PARTIES.
THE USE, INSTALLATION, AND/OR DOWNLOADING OF ANY SITE MATERIALS, PRODUCTS, AND SERVICES THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR COMMUNICATIONS SYSTEMS OR SERVICES, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. COMPANY ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS INSTALLED, TRANSMITTED, OR DOWNLOADED TO YOUR COMPUTER OR COMMUNICATIONS SYSTEMS OR SERVICES FROM THE SITE OR IN CONNECTION WITH ANY SITE MATERIALS, PRODUCTS, AND SERVICES APPEARING ON AND/OR OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROMCOMPANY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
LIMITATION OF LIABILITY. IN NO EVENT INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL COMPANY, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, ATTORNEYS, EMPLOYEES, PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, THE SITE MATERIALS, PRODUCTS, AND SERVICES, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
International Users. This Site can be accessed from countries around the world and may contain references to Company Products and Services that are not available in your country. These references do not imply that Company intends to announce or provide such Products or Services in your country. The Site is controlled, operated, and administered by Company from its offices within the United States of America. Company makes no representation that the Site, or the Site Materials, Products, and Services appearing on or available through the Site, are appropriate, legal, or available for use at other locations outside the United States, and access to the Site from territories where the Site or any of the Site Materials, Products, and/or Services are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all applicable laws.
Indemnity and Liability. You agree to indemnify and hold Company, and its subsidiaries, affiliates, officers, directors, shareholders, attorneys, agents, employees, licensors, suppliers, co-branders or other partners harmless from any claim or demand, including reasonable attorneys' fees and damages of any kind, made by any third party due to or arising out of content you submit to Company and/or transmit through the Site (including, without limitation, any content or computer viruses), your use of the Site or any Site Materials, your connection to the Site, your violation of the Terms of Use, the actions of any of your employees or agents in conjunction with the Site, or your violation of any rights of another person or entity or any and all laws and regulations applicable to these Terms of Use, and/or your use of Company's Products and/or Services.
Governing Law and Jurisdiction. This Site (excluding linked sites) is controlled by Company from its offices within the State of Delaware, United States of America. By accessing this Site, you and Company agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Delaware, without regard to the conflicts of laws principles thereof. You and Company also agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Wilmington, Delaware, USA.
General. The Terms of Use and the other guidelines, policies, licenses, and disclaimers posted on the Site constitute the entire agreement between Company and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Company to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.
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