Effective Date: August 13, 2010
IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE (“TERMS”) BEFORE USING THIS WEB SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.
“DigiBunker LLC.”, “we,” “our” or “us", an Oregon limited liability company, owns or controls, and provides access to, the web sites that link to these Terms (collectively, the “Site”). THESE TERMS GOVERN YOUR USE OF THE SITE. These Terms only apply to your use of the Site and not to any other web site or any offline activities engaged in by DigiBunker (unless specifically stated). You agree to these Terms by accessing or using the Site, registering for services offered on the Site, or by accepting, uploading, submitting or downloading any information or content from or to the Site. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, DO NOT USE THE SITE.
In some instances, these Terms and separate end user license agreements or terms of use that set forth additional conditions (collectively, “Additional Terms”) may apply to a service or product offered via the Site. To the extent there is a conflict between these Terms and the Additional Terms, the Additional Terms will control, unless the Additional Terms expressly state that these Terms will control. Please also review the Site’s Privacy Policy.
TABLE OF CONTENTS
1. CONDITIONS OF USE
2. PRIVACY POLICY
3. WARNING ABOUT THE ACCURACY OF OUR INFORMATION
4. OWNERSHIP OF MATERIALS
5. SUBMISSIONS
6. ACCEPTABLE USE
7. ACCURACY OF INFORMATION
8. AGREEMENT TO CONDUCT TRANSACTIONS ELECTRONICALLY; RECORDING; COPIES
9. TRADEMARKS
10. COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY AND RELATED COMPLAINTS
11. DISCLAIMER
12. LIMITATION OF LIABILITY
13. INDEMNIFICATION
14. THIRD PARTY SITES
15. LINKING TERMS
16. REVISIONS TO TERMS
17. DATED MATERIALS
18. JURISDICTION
1. Conditions of Use. The Site; all past, present and future versions; all web pages found within the Site; the materials and information on the Site, including, without limitation, organization, graphics, text, images, audio, videos, designs, compilations, advertising copy, and the trademarks, logos, domain names, trade names, service marks and trade identities; any and all copyrightable material (including source and object code); and all other materials related to the Site, including without limitation, the “look and feel: of the Site (collectively, the “Materials”) are provided by DigiBunker or by its licensors. By using the Site, you represent that: (i) you have the capacity to be bound by these Terms or, if you are a minor, your parent or legal guardian has read and agreed to these Terms on your behalf; (ii) all information you provide to DigiBunker is true, accurate, complete and current; (iii) you hold and will continue to hold all rights necessary to enter into and fully perform your obligations under these Terms and to grant the rights granted under these Terms; and (iv) if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity.
You may use the Site when and as available. Although we generally intend for the Site to be available on an uninterrupted basis, it will not always be available (e.g., during maintenance, changes, outages and for other reasons). We reserve the right to change or eliminate and restrict or block access to all or any part of the Site from time to time without notice.
2. Privacy Policy. Our Privacy Policy (click to read it) describes our practices regarding personally identifiable information about you. You should review the Privacy Policy because it describes the information that we collect, how we collect it and what we do with that information.
3. Warning About the Accuracy of Our Information. From time to time there might be information on the Site that is outdated or contains errors, inaccuracies, or omissions, including but not limited to descriptions of products and services, pricing, or other information. We reserve the right to correct any errors, inaccuracies or omissions even after you have placed an order or made a purchase. We also reserve the right to refuse or cancel any orders or purchases whether or not the order or purchase has been confirmed and your payment card charged. If your card has already been charged and your order or purchase is canceled, we will promptly issue an adjustment to your card account. We apologize for any inconvenience this may cause you.
Descriptions of products and/or services and all other information are intended only to be indicative. No information is intended to be a guarantee or warranty and you agree not to rely on such information. We assume no liability for the use of or reliance on information featured on the Site – it is your responsibility to have the proper knowledge, experience and materials.
4. Ownership of Materials. Except as otherwise indicated, the Materials are either owned by DigiBunker or licensors. The Materials are protected by copyright, trademark and other intellectual property laws and treaties. Subject to the terms and conditions set forth in these Terms, DigiBunker grants you a revocable, non-exclusive, non-transferable, limited right to access, use, and display the Site and the Materials thereon. Except as otherwise expressly authorized herein, the Materials may not be copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way, without DigiBunker’s prior written permission. Permission is granted to electronically copy and to print in hard copy portions of this Site for the sole purposes of: (i) obtaining a copy of these Terms and any other contract or disclosure that we are required to provide to you or that is part of our transaction with you, and (ii) using this Site for information input or for ordering goods or services subject to these Terms.
Any authorized copy of the Materials or portion thereof must include any copyright notice and other intellectual property designations provided by DigiBunker or licensors. You also may not (w) modify the Materials or the Site or use them for any commercial purpose, or any other public display, performance, sale, or rental; (x) decompile, reverse engineer, or disassemble software Materials; (y) remove any copyright notice or other proprietary notices from the Materials; or (z) transfer the Materials to another person.
5. Submissions: By posting a message or sending an e-mail to DigiBunker or contributing in any way to the Site, including, but not limited to, sending comments, suggestions, questions, or ideas concerning products and services (each, a “Submission”), you expressly grant DigiBunker the right to use and exploit the Submission in any way, including, without limitation, to copy, republish or sell your Submission (including, without limitation, names, voices, likenesses and other personally identifying information contained in your Submission) in any form, media, software or technology of any kind now known or developed in the future for any purposes whatsoever including, without limitation, developing, manufacturing and marketing products and services using such information and for other marketing and promotional purposes, without any compensation to you. All Submissions shall not be considered confidential or proprietary information.
DigiBunker is an online digital file protection service that allows users to protect their digital music, digital photos, and video games (collectively “User Content”). By saving User Content with DigiBunker, the User Content is protected from loss in the event of a computer crash, theft or catastrophe. “Submission,” as used in these Terms, does not include the User Content that you upload as part of your use of the Site, which we do not collect, use or disclose except as otherwise provided in our
Privacy Policy.
6. Acceptable Use. DigiBunker reserves the right to change, update, discontinue, restrict, or prevent access to the Site at any time without notice.
You agree that you will not:
(a) Submit, upload, post or otherwise transmit (collectively, “Submit”) anything that is or may be: (i) harmful, threatening, abusive, harassing, degrading, hateful, or intimidating; (ii) defamatory, libelous, or disparaging of any person or entity; (iii) misleading, false, fraudulent, or tortious; (iv) obscene, indecent, pornographic, vulgar, profane, or sexually explicit; (v) intended to promote (or have the effect of promoting) violence, racial hatred, terrorism or illegal acts; (vi) infringing, or in violation or misappropriation of, any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party; (vii) in violation of any other rights of any person or entity; (viii) violative of any law or regulation; or (ix) otherwise objectionable, in DigiBunker’s sole discretion;
(b) Submit any virus, worm, “Trojan Horse,” “easter egg,” “time bomb,” spyware, or any other computer code, file, or program that may or is intended to damage, hijack or otherwise interfere with the operation of the Site, the Materials or any third party’s uninterrupted use and enjoyment of the Site or the Materials;
© Submit any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” investment opportunities, or any other form of solicitation;
(d) Harvest personally identifiable information about other users of the Site or “stalk” or otherwise harass other persons through the Site;
(e) Impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity, including, without limitation, DigiBunker; forge headers or otherwise manipulate identifiers in order to disguise the origin of any submissions to us or through the Site; or expressly state or imply that DigiBunker endorses any statement you make;
(f) Violate or attempt to violate the security of any portion of the Site, including but not limited to: (i) access Materials not intended for you; (ii) log into a server or account which you are not authorized to access; (iii) attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iv) attempt to interfere with or disrupt the Site or the servers or networks that support the Site, including, without limitation, via means of submitting a virus to the Site or overloading, “flooding,” “mailbombing” or “crashing” the Site; or (v) restrict or inhibit any other user from accessing or using the Site, including, without limitation, by means of hacking or defacing any portion of the Site;
(g) Use the Site for unauthorized commercial or business purposes, including, without limitation, advertising, marketing, or offering goods or services, whether or not for financial or any other form of compensation, or through linking with or artificially generating traffic to any other web site or web page; or
(h) Use the Site in any way that would affect DigiBunker adversely or reflect negatively on DigiBunker’s goodwill, name or reputation, in DigiBunker’s sole discretion.
7. Accuracy of Your Information. You agree to supply only accurate, current and complete information on the Site, whether making a purchase or otherwise using the Site or a related service. You also agree to review and correct all information that is supplied about you (such as when our Site “pre-populates” information you would otherwise have to enter) or that the Site draws from to ensure that it is always accurate and current. We reserve the right to purge or delete information stored by you in our discretion.
8. Agreement to Conduct Transactions Electronically; Recording; Copies. You agree that all of your transactions with or through the Site may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by these Terms unless you enter into different terms provided by us. If the law allows you to withdraw this consent or if we are required to deal with you non-electronically, we reserve the right to charge or increase fees for doing so. You are responsible for printing or making an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.
9. Trademarks. DigiBunker products and/or services referenced on the Site are either trademarks, licensed trademarks or registered trademarks of DigiBunker. Other company names, products and/or services referenced on the Site may be trademarks of their respective owners. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any trademarks displayed on the Site. You may not use any DigiBunker trademark unless you have an express written trademark license from DigiBunker.
10. Copyrights and Other Intellectual Property and Related Complaints. You may not use the Site for any purpose or in any manner that infringes the rights of any third party. DigiBunker encourages you to report any content on the Site that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Sites infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below.
In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), DigiBunker has a designated agent for receiving notices of copyright infringement and DigiBunker follows the notice and take down procedures of the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide DigiBunker’s copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. § 512: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact the complaining party; (v) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DigiBunker’s copyright agent for notice of claims of copyright infringement on or regarding the Sites can be reached as follows:
Allison Pentheny | SCHWABE, WILLIAMSON & WYATT . 1211 SW 5th Ave., Ste. 1900, Portland, Oregon 97204 . Phone: 503-796-2455 . E-Mail: apetheny@schwabe.com
NOTE: This contact information is for inquiries regarding potential copyright infringement only.
We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.
It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
DigiBunker will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party’s intellectual property rights.
Legal Disclaimer. BY USING THE SITE, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SITE AND THE INTERNET GENERALLY. THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” TO THE FULLEST EXTENT PERMISSIBLE BY LAW. DIGIBUNKER AND ITS PRINCIPALS, EMPLOYEES, AND AGENTS (COLLECTIVELY, THE “DIGIBUNKER PARTIES”) MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (i) THE SITE; (ii) MESSAGES SENT FROM OR TO THE SITE; (iii) MATERIALS, SOFTWARE, INFORMATION OR THIRD PARTY CONTENT PROVIDED ON THE SITE; (iv) THE SUBMISSIONS; (v) ANY PRODUCTS OR SERVICES OFFERED VIA THE SITE; AND/OR (vi) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE SITE OR ANY LINKED WEB SITE. THE DIGIBUNKER PARTIES DO NOT WARRANT THAT THE SITE, ANY OF THE SITE’S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE DIGIBUNKER PARTIES DO NOT WARRANT THAT YOUR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, THE DIGIBUNKER PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTY. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE. FURTHER, DIGIBUNKER DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, PRODUCT LIABILITY, AND FREEDOM FROM ERRORS, VIRUSES, AND BUGS OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.
12. Limitation of Liability. IN NO EVENT WILL THE DIGIBUNKER PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, ECONOMIC, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO: (i) THE SITE; (ii) MESSAGES SENT FROM OR TO THE SITE; (iii) MATERIALS, SOFTWARE, INFORMATION OR THIRD PARTY CONTENT PROVIDED ON THE SITE; (iv) THE SUBMISSIONS; (v) ANY PRODUCTS OR SERVICES OFFERED VIA THE SITE; (vi) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE SITE OR ANY LINKED WEB SITE; (vii) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE DIGIBUNKER PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (viii) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; OR (ix) ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE DIGIBUNKER PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE).
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE DIGIBUNKER PARTIES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE DIGIBUNKER PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER MATERIALS OWNED OR CONTROLLED BY THE DIGIBUNKER PARTIES.
NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, IN NO EVENT SHALL THE DIGIBUNKER PARTIES BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER IN AN AMOUNT GREATER THAN $10 USD (INCLUDING WITHOUT LIMITATION ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, AND DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION), EVEN IF THE DIGIBUNKER PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND ON ANY THEORY OF LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
BY ACCESSING ANY PART OF THE SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, IF APPLICABLE, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
13. Indemnification. You agree to indemnify, defend, and hold the DigiBunker Parties harmless for, from and against any and all claims, actions, losses, expenses, damages, and costs (including reasonable attorneys’ fees), resulting from: (i) your use of the Site or the Materials; (ii) any breach or violation of these Terms or any law, rule, or regulation; (iii) the posting, submission, display, transmission, exchange, performance, publication, distribution, sharing, dissemination, promotion, broadcast, and/or circulation of your Submissions; (iv) the theft, disclosure or misappropriation of your password; or (v) your authorization of anyone else to use your password.
DigiBunker reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with DigiBunker in the defense of any such claim, action, settlement, or compromise negotiations, as requested by DigiBunker. In no event will you settle any claim or action without DigiBunker’s prior written approval.
14. Third Party Sites. The Site may be link to other web sites, which are not maintained by DigiBunker. These links are provided for convenience purposes and are not under the control of the DigiBunker Parties. Accordingly, DigiBunker is not responsible for the content of these sites. DigiBunker does not make any representations and warranties, express or implied, regarding the content of any of these linked sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation, with respect to any third party, any third party’s site, the content of any third party’s site, or any products or services provided by a third party, by DigiBunker of the sites. DigiBunker disclaims any liability for links: (i) from another site to the Site; and (ii) to another site from the Site. In order to link to the Site, all users must comply with Linking Terms provided in Section 15 below. Once you leave the Site and access another web site, you are subject to the policies and practices of the new site.
15. Linking Terms. By linking to the Site, all “Linkers” accept and acknowledge the following terms of linking: Linker agrees that it will not at any time do or cause to be done any act or thing in any way impairing the image/reputation of DigiBunker in its sole discretion. Linker shall not in any manner represent that it is endorsed by DigiBunker or that Linker is acting in a representative capacity of DigiBunker. Linker shall not utilize the DigiBunker name nor its relationship with DigiBunker for purposes of or in any manner which intentionally gives rise to advertising or publicity, unless DigiBunker shall consent to such use in writing prior to publication.
Regardless of the foregoing, DigiBunker reserves the right to rescind this consent to link to the Site with or without cause at any time. In such event, Linker shall remove its link to the Site within 24 hours of receipt of notice from DigiBunker.
16. Revisions to Terms. DigiBunker reserves the right to modify or add to these Terms at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Site so that they are accessible via a link on the home page of the Site, and that your use of the Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Site from that point forward.
17. Dated Materials. Materials contained in the Site or in links from the Site are dated as of the date originally issued or indicated on the Material and may no longer be accurate. DigiBunker assumes no obligation to update such Materials.
18. Jurisdiction. The Site is managed by DigiBunker from its office within the State of Oregon, U.S.A. These Terms shall be governed by and construed in accordance with the laws of the State of Oregon, without giving effect to any principles of conflicts of laws and will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Site, the use or access thereof, or these Terms must be in the state or federal courts located in Multnomah County, Oregon and you hereby consent and submit to the exclusive personal jurisdiction and venue of the courts located in Multnomah County, Oregon for any such legal proceeding and agree that you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens, or otherwise. Any cause of action or claim you may have with respect to the Site or these Terms must be commenced within one year after such claim or cause of action arose, or, if multiple causes, from the date the first such cause of action arose.