Terms of Use

Welcome to the Digipom Inc. (“Digipom”) website located at http://digipom.com (the “Website”, which includes any and all subdomains, present and future). We hope you enjoy your visit. By visiting and using the Website, you agree to be bound by the terms of the present agreement, known as the Terms of Use (the “TOU”).

The TOU were last modified on December 15, 2016. Digipom reserves the right, at any time and without prior notice, to modify the TOU. Any changes to the TOU can be found at this URL.

The TOU should be read in conjunction with the Privacy Policy, as both documents govern your use of the Website.

These TOU apply to the Website only. If you wish to review the TOU for Easy Voice Recorder, please click here.

If you have any questions about the TOU, please contact:

Digipom Legal Services

legal@digipom.com

Indemnity

Notwithstanding any other term of the TOU or any act or failure to act by Digipom or its agents or subcontractors, you agree to indemnify, defend and hold harmless Digipom and their officers, directors, owners, partners, partnerships, principals, employees, affiliates and other related entities, servants, agents, representatives, successors and assigns from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ fees), claims or demands, arising out of (i) your use of or connection to the Website or the information therein, (ii) your participation in any activities arising from the Website, (iii) your violation of, or failure to perform your obligations under the TOU or, (iv) your violation of any rights of a third party.

Termination

You agree that Digipom, in their sole discretion, has the right (but not the obligation) to block your email or IP address, or otherwise terminate your access to or use of the Website (or any part thereof), immediately and without notice, for any reason, including, without limitation, if Digipom believes that you have acted inconsistently with the letter or spirit of the TOU.

Digipom may also, in their sole discretion and at any time, discontinue providing the Website, or any part thereof, with or without notice. Further, you agree that the Digipom shall not be liable to you or any third party for any damages resulting from termination of your access to the Website, or from Digipom’s termination of the Website or any part thereof.

General and External Links

From time to time we may provide links to other sites. Links from the Website may take you to sites not covered by the TOU. We provide those links as a convenience to you and take no responsibility for the protection of your privacy or other rights on those other sites. We encourage you to check the Terms of Use and / or Privacy Policy of any site you visit. Digipom does not make any claim or warranty whatsoever about the content of those sites to which we link. In no way will Digipom be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary, for your use of sites we may link to or the information thereon, or any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those sites, or caused by or in connection with, use of or reliance on any content, goods or services available on or through any linked-to website or resource, or the actions of the operators of any such site or resource.

From time to time, Digipom may provide links to third parties for advertising purposes under affiliate marketing programs run by Linkshare. Digipom may be compensated as a result of these advertising links. Digipom makes absolutely no guarantees or warranties with regard to the products and / or services offered by these third parties, and expressly denies any responsibility for any damages whatsoever resulting from your purchase and / or use of these products or services. We encourage you to research any such products and / or services and these third parties prior to making any purchase.

Copyright and Intellectual Property Rights

The content, arrangement and layout of the Website, including, but not limited to, the trademarks, photos, text, and computer code are proprietary to Digipom, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted or otherwise used without the express permission of Digipom. Any unauthorized use of the content, arrangement or layout of the Website, computer code, or images or trademarks found in the Website or any derivative works thereof may violate civil or criminal laws, including, but not limited to, copyright and trademark laws, and Digipom may take action accordingly.

The above paragraph further applies to third party property used on the Website, including but not limited to third party computer code.

Disclaimer of Warranties

You expressly understand and agree that your use of the Website or the information therein is at your sole risk. The Website, or any third party materials, are provided on an “as is” and “as available” basis, and you will be solely responsible for any damage to your computer system or loss of data that results from the download, stream or access of any material obtained through the use of the Website, or your use of the functionalities of the Website. The information provided on the Website written by Digipom staff is known to be as accurate as possible at the time of writing, and every effort has been made to ensure that the information on this Website is as accurate and up-to-date as possible. However, certain information may change, and errors may occur, and Digipom is not responsible for any loss, financial or otherwise, resulting from changes or errors in information. Digipom expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, warranties of title and non-infringement, warranties that the Website and any third party materials will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components, and the implied warranties of merchantability and fitness for a particular purpose.

Limitation Of Liability

You expressly understand and agree that Digipom shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, in contract, general civil liability or any other cause of action, relating to the Website, the information on the Website, the use of the Website, or the third party materials on the Website where applicable. This limitation of liability applies, without limitation, to any damages or injury caused by any error, omission or other failure of performance by Digipom, their affiliates and business partners; any interruption, defect or delay in operation or transmission, including communication line failure; any computer virus; and any theft, destruction or alteration of, or unauthorized access to or use of, any electronic records.

Governing Laws and Jurisdiction

Use of the Website shall be governed by and construed in accordance with the laws of the Province of Quebec in force at the time without regard to conflict of law provisions. You agree that any legal action or proceeding between you and Digipom shall be brought exclusively in the courts of the Judicial District of Montreal, Quebec, Canada.

Miscellaneous Provisions

The TOU, in conjunction with the Privacy Policy, constitute the entire agreement between you and Digipom with respect to your use of the Website, superseding any prior agreements between you and Digipom.

If any provision of the TOU or Privacy Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU or Privacy Policy, as the case may be, shall remain in full force and effect.

The section titles in the TOU and Privacy Policy are for convenience only and have no legal or contractual effect.

© Digipom 2016