IMPORTANT NOTICE TO USER: PLEASE READ THIS DOCUMENT CAREFULLY.
TERMS AND CONDITIONS
By registering for Digitry™, you hereby provide us permission to reach out to you via email, utilizing the email address provided upon registration, in order to provide offers, updates, or to collect additional information as necessary to keep you apprised and/or to deliver to you, available samples relevant to your interests and demographics provided. From time to time, we may also ask if you would like to participate in surveys or focus groups relevant to product samples we are distributing on behalf of our brand partners. In such situations, your answers to such survey questions and/or your focus group responses (and relevant demographic information) may be shared with our third party brand partners. You agree that we and our brand partners may use your feedback, suggestions, or ideas in any way, including, without limitation, in future modifications of the Service, other products or services, advertising or marketing materials. You grant us and our Brand Partners a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully-paid up, royalty free license to use the feedback, photographs, images, suggestions, and ideas you provide to us in any way.
You acknowledge and understand that you are not guaranteed to receive any samples or offers in return for registering for Digitry™, as we offer samples and/or offers to select individuals that meet specific requirements including but not limited to those set by our clients, which we may or may not disclose to you at our complete discretion and which you may not meet based on the information that you have provided. These requirements are determined solely by us and may change at our discretion at any time. You may opt-out of Digitry™ at any time you wish by following the opt-out directions in any email communication sent from us.
You agree that (i) you will use Digitry™ solely for your own, non-commercial, personal use in accordance with this Agreement, (ii) all information supplied by you to us will be true, accurate, current and complete, and (iii) you will review the latest version of this Agreement posted on the Digitry™ website from time to time to check for amendments. We retain the right at our sole discretion to deny or suspend access to the Service to anyone, at any time and for any reason, without liability.
You agree that, should you decide to share any information regarding any samples or offers you receive, you will abide by the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising that can be found at FTC Endorsement Guides. This disclosure should appear in close proximity to any statements you make (including but not limited to product reviews) about any complimentary samples, offers and/or any other promotions or giveaways that you receive through participation in Digitry™.
You agree that we and our Brand Partners may use your feedback, suggestions, or ideas in any way, including, without limitation, in future modifications of the Service, other products or services, advertising or marketing materials. You grant us and our Brand Partners a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully-paid up, royalty free license to use the feedback, photographs, images, ratings & reviews, suggestions, and ideas you provide to us in any way. You grant us the right to share your feedback, ratings and reviews with third-party marketing companies including but not limited to Bazaarvoice, PowerReviews or other similar services
You agree to release, indemnify and hold harmless us, our parents, subsidiaries, affiliates, directors, members, officers, employees, brand partners and agents, from and against any and all liabilities, losses, damages, claims and expenses, including, without limitation, attorneys’ fees, with respect to (i) your access, use or misuse of, or reliance upon, Digitry™, (ii) your actual or alleged violation or breach of this Agreement or rights of another, and/or (iii) Product Samples or any other products or services offered or provided by us. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder. For the avoidance of doubt, this section shall survive the termination of this Agreement.
This Agreement, and your relationship with us under this Agreement, shall be governed by the laws of the State of New York without regard to its conflict or choice of law provisions. Any dispute with us, or our parents, subsidiaries, affiliates, officers, directors, employees, agents or affiliates, arising under or in relation to this Agreement shall be resolved exclusively through the federal or state courts located in New York County, New York (and courts with appellate jurisdiction therefrom), except with respect to imminent harm requiring temporary or preliminary injunctive relief, in which case we may seek such relief in any court with jurisdiction over the parties.