TERMS AND CONDITIONS

Thank you for using Digital Island! These terms of service (“Terms”) govern your access to and use of Digital Island (“we” or “our”) websites and services, so please carefully read them before using the Services.

Digital Island provides users of the services and web pages located at digitalisland.com, and their associated subdomains, (the “Site”) with a platform for the syndication of, linking to, or uploading of e-books, audiobooks, video books, and other digital content (collectively, the “Services”).

1. Acceptance of Terms

This Agreement sets out the legally binding terms between you and Digital Island. This Agreement applies to all users of the Service, including users who upload content such as digital books, audio, video, and other associated metadata, information, and materials on the Site. If you choose to use the Service, you will be agreeing to abide by all of the terms and conditions of this Terms and Conditions of Use Agreement (the “Agreement”). Digital Island may change, add, or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Terms webpage.

IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE THE SERVICE. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE AND AGREEMENT BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.

Therefore, by using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.

2. Change of Terms

Digital Island may change, suspend, or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. Digital Island may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

Additionally, when using particular Digital Island services, you and Digital Island shall be subject to any additional terms, guidelines, or rules applicable to such new services, which may be posted from time to time. All such additional terms, guidelines, and rules are hereby incorporated by reference into this Agreement.

Unless explicitly stated otherwise, any new features that augment or enhance the current Services, including the release of new Digital Island properties, shall be subject to this Agreement.

3. User Responsibility

Users shall use Digital Island for lawful purposes only. Users shall not post or transmit through Digital Island any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law, or which, without Digital Island’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that, in Digital Island’s discretion, restricts or inhibits any other User from using or enjoying Digital Island will not be permitted. Users shall not use Digital Island to advertise or perform any commercial solicitation, including but not limited to the solicitation of users to become subscribers of other online information services competitive with Digital Island.

Users shall not upload, post, or otherwise make available on Digital Island any material protected by copyright, trademark, or other proprietary rights without the express permission of the owner of the copyright, trademark, or other proprietary rights. The burden of determining that any material is not protected by copyright rests with the User. Users shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Digital Island, Users automatically grant, or warrant that the owner of such material has expressly granted, Digital Island the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Users hereby grant Digital Island the right to edit, copy, publish, and distribute any material made available on Digital Island by Users.

If your contact information or other information related to your account changes, you must notify us promptly and keep your information current. The Services are not intended for use by you if you are under 13 years of age and are without parental supervision or consent. By agreeing to these Terms, you are representing to us that you are over 13 or that you have parental supervision or consent.

4. Member Account, Password, and Security

If any of the Services requires a User to open an account, the User must complete the registration process by providing Digital Island with current, complete, and accurate information as prompted by the applicable registration form. The User also will choose a password and a user name. The User is entirely responsible for maintaining the confidentiality of their password and account. Furthermore, the User is entirely responsible for any and all activities that occur under their account. The User agrees to notify Digital Island immediately of any unauthorized use of their account or any other breach of security. Digital Island will not be liable for any loss that a User may incur as a result of someone else using their password or account, either with or without their knowledge. However, Users could be held liable for losses incurred by Digital Island or another party due to someone else using their account or password. Users may not use anyone else’s account at any time, without the permission of the account holder.

5. Privacy

By using our Services, you upload digital books, audio, video files, documents, and other digital content to Digital Island (“your content”). You retain full ownership of your content. We do not claim any ownership rights over your content. These Terms do not grant us any rights to your content or intellectual property except for the limited rights that are needed to run the Services, as explained below.

We may need your permission to do things you ask us to do with your content, for example, hosting your files. It also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services, such as Amazon S3 or Google Cloud Storage, which provides our storage space (again, only to provide the Services).

You are solely responsible for your conduct, the content of your files and folders, and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms.

We may choose to review public content for compliance with our Copyright Policy and where it is necessary in the public interest, but you acknowledge that Digital Island has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of any digital content, user posts, or any other information you may be able to access using the Services.

6. Intellectual Property Protection

Digital Island respects the intellectual property rights of others and expects Users to do the same. We provide a platform for vendors to sell their digital content, but we do not assume any responsibility for any infringement of intellectual property rights by any User. Users are solely responsible for ensuring that their content does not infringe upon the intellectual property rights of third parties. In the event of any dispute, Digital Island shall not be liable for any loss, damage, or expense arising from such disputes.

If you believe that your intellectual property rights have been infringed upon by any content uploaded to Digital Island, please contact us immediately at [contact email] to report such infringements. We will take appropriate action in accordance with applicable laws and our policies.

7. Termination

While we hope you remain a user of our Services, you are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. We may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to notify you in advance and help you retrieve data, though there may be some cases (for example, repeated violations of these Terms, a court order, or danger to other users) where we may suspend immediately.

8. Disclaimers

A. USER EXPRESSLY AGREES THAT USE OF DIGITAL ISLAND IS AT USER’S SOLE RISK. NEITHER DIGITAL ISLAND, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT DIGITAL ISLAND WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF DIGITAL ISLAND, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH DIGITAL ISLAND.

B. DIGITAL ISLAND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

**C. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS