PLEASE READ THESE TERMS OF SERVICE (TERMS) CAREFULLY. BY CLICKING THE "CREATE ACCOUNT" BUTTON OR BY ACCESSING OR USING THESE SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.
DigitalTown reserves the right to change or modify the terms and conditions contained in these Terms, including but not limited to any policy or guideline of the Site, at any time and at its sole discretion. We will provide notice of these changes by posting the revised Terms to the Site and changing the "Last Revised" date at the top of the Terms, or by emailing users at their provided email addresses, or by any other means as determined by DigitalTown at its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Site or at the instant that DigitalTown transmits the information. These changes will apply at that instant to all then current and subsequent uses of the Site. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site acts as acceptance of such changes or modifications. If you do not agree to the Terms in effect when you access or use the Site, you must stop using the Site. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the Services. If you have any question regarding the use of the Site, please contact support@DigitalTown.com.
These Terms and any terms expressly incorporated herein apply to your access to, and use of, any services provided by DigitalTown, Inc., a Minnesota corporation (“DigitalTown,” “we,” “us” or “our”), and, including but not limited to our websites located at https://www.DigitalTown.com (the “Site”) and mobile applications and the exchange services provided by us as described in these Terms (collectively, the “Services”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with DigitalTown for products, services or otherwise. If you are using the Services on behalf of any entity, you represent and warrant that (a) such legal entity is duly organized and validly existing under the applicable laws of the jurisdiction of its organization and (b) you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you violate these Terms.
DigitalTown, Inc. is incorporated under the laws of Minnesota, USA, and operates https://www.DigitalTown.com.
The Services are intended solely for users who are 18 or older. By accessing or using our Services, you represent and warrant that you are at least 18 years old and have not previously been suspended or removed from the Site or Services. You also represent and warrant that you are not on any trade or economic sanctions lists, such as the United Nations Security Council Sanctions List. Also, DigitalTown may not make all of the Services available in all markets and jurisdictions, and may restrict or prohibit use of all or a portion of the Services from Restricted Locations, which at this time include Cuba, Iran, North Korea, Syria, Sudan, Bangladesh, Bolivia, Ecuador and Kyrgyzstan. The content of this Agreement shall not be excluded from the laws of the country or region under which the user belongs. As a result, if you do not meet these eligibility requirements, do not use our Services.
Services provided by DigitalTown include, but may not be limited to: Digital Goods and Services, Digital Assets, All DigitalTown Websites, Hosted Platform, Online Communities, Social Media, Email, Mobile Apps, Community Directory, Member Profiles, Messaging, Payment processing and, Fundraising, Online Store, Photos, Videos and Livestreams, Media, Content, Events and registration, Sports Team Management, Event Calendar, Schedule or other Service, all of which are hereinafter referred to as a “Service” or “Services”.
With regard to Digital Assets we provide a platform to issue digital assets (also known as cryptographic tokens or digital tokens or cryptographic currency). If the owner of a Digital Asset wishes to conduct trading on our platform, DigitalTown is considered the platform provider and is not a buyer or seller in these trades.
While DigitalTown has made every effort to ensure the accuracy of the information on our website, the information and content on the website is subject to change without notice and is provided for the sole purpose of assisting users to make independent decisions. DigitalTown has taken reasonable measures to ensure the accuracy of the information on the website; however, we do not guarantee the accuracy, suitability, reliability, completeness, performance and/or fitness for purpose of the content of any Services or products available through the website, and will not accept liability for any loss or damage that may arise directly or indirectly from the content or your inability to access the Web site, for any delay in or failure of the transmission or the receipt of any instruction or notifications sent through our platform. DigitalTown will not have any liability for the use or interpretation of such information.
Users shall prepare devices and bear costs as follows: 1) internet-connected device, including but not limited to computer or other internet-connected terminals; 2) internet-accessing costs, including but not limited to internet fees, rental charges for internet-connected equipment, cellular data fees, etc.
While using the Services, you accept the information services provided by DigitalTown. You hereby authorize DigitalTown to send commercial information to you via e-mail, SMS, mailing address. You can opt out such services by changing relevant settings on the website.
You acknowledge and consent that the Services are provided by DigitalTown according to its current technological capacity and other conditions. While DigitalTown has made every effort to ensure continuity and security of the Services, we are unable to completely foresee and hedge legal, technological and other risks including but not limited to force majeure, virus, hacker attack, system instability, flaw in third-party services, act of government, etc. that may result in service interruption, data loss and other losses and risks.
When the system platform is unable to operate properly because of the following circumstances and the user is unable to use the services or fails to delegate it normally, DigitalTown assumes no liability for damages, including but not limited to:
For abnormal transactions, market interruption and other abnormal conditions caused by system failure, network failure, DDos and other hacker attacks and other unexpected factors, DigitalTown has the right to cancel the abnormal transaction results, and rollback all the transactions for a certain period of time.
Fees may be incurred for part of the Services provided by DigitalTown to its users. You shall abide by relevant agreements while use such services. DigitalTown may change the fee models and structures of such services as the case may be. DigitalTown may also start charging fees on free services. We shall release an announcement or put up a notice on respective page before the above-mentioned changes, modifications are made and starting to charge. You shall stop using the service if you disagree on the above-mentioned changes, modifications or paid content.
DigitalTown shall not ask for any passwords from its users, nor shall we ask users to transmit any funds that are not listed on the platform. Please do not trust any discount or promotion related information. DigitalTown shall not be responsible for any losses caused by transmitting funds that are not listed on the platform.
Transaction abnormity handing: While using the Services, you agree and acknowledge the possibility of discontinuity and disruption of the Services due to connectivity problems of the digital asset networks or other force majeure. Users shall make sure to provide only correct information. DigitalTown does not assume any responsibility of any losses caused by the above-mentioned situations due to users providing incorrect information that results in the inability of DigitalTown to reach out to its users and explain the handling procedures.
You agree, in accordance with operational and security needs, that DigitalTown may suspend or restrict part of the Services, or start providing additional services. By continuing using the Services, after any changes, additions and deductions of the Services, you continue to agree to the Terms and any other Terms added subsequently.
DigitalTown has the right to know the real transaction background and purpose of the users who use the product or service of DigitalTown, users should provide the real, comprehensive, accurate information required by DigitalTown; if DigitalTown has reasonable grounds to suspect that the user has provided false information, DigitalTown is entitled to restrict the user from the use of DigitalTown's products and services functions temporarily or permanently.
Trading of digital assets involves significant risk. The risk of loss in trading or holding digital assets can be substantial. You should therefore carefully consider whether trading in digital assets or any levered or derivative digital assets is suitable for you in light of your financial condition.
In order to use any of the Services, you must first register by providing your name, e-mail and password, along with affirming this Terms of Service. You agree to not enable anyone to use or direct your account, and to update DigitalTown of any information change or if your account has been compromised. You are responsible for keeping, protecting and safeguarding any keys, certificates, passwords, access codes, user IDs or other credentials and login information (collectively "Passwords") that have been provided to you or that are generated in connection with your use of the Services. If you lose your Passwords, you may not be able to access your account. You agree to notify DigitalTown immediately of any unauthorized use of your Passwords. DigitalTown will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your Passwords. Due to DigitalTown’s nature of being an online platform, and to avoid potential security risks, the login password, administration password and any other passwords shall not be set as the same. The responsibility for identity protection shall be borne by the users.
The user has the right to choose whether to become a DigitalTown network user. If user chooses to become a DigitalTown registered user, they can create or modify their nicknames. Usernames and nicknames shall abide by relevant laws and regulations and also in accordance with the network morality. Usernames and nicknames cannot contain any words which related to insults, threats, be obscene or abusive and other violations of the legitimate rights and interests of others.
Once the user is registered, and become the user of DigitalTown network, he or she will get the username (user mailbox) and password, and is responsible for all activities and events with this username and password after entering the system, and bear all the legal liability directly or indirectly caused by the language and behaviors of the use of this username.
Users who lost their passwords can reset it after being verified through their registered email addresses or phone numbers. You shall immediately report to DigitalTown if any unauthorized operations or security breaches are found.
When you use third-party services which we have partnered, the third-party can access our system to determine if your submitted username and password are a match. The third-party services will not have access to either your username or your password, but will only be able to get a confirmation from us as to whether the username and password you submit to them are a match in our system.
We grant you a limited, nonexclusive, nontransferable license, subject to these Terms, to access and use the DigitalTown website and Services, solely for approved purposes as permitted by DigitalTown. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the DigitalTown’s content.
You agree that
It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Additionally, you agree to comply with all relevant local laws of your jurisdiction. DigitalTown’s business activity does not fall within the definition of an international financial service, and as such does not require a license given that DigitalTown’s customers cannot use (nor bring in) any fiat currency to purchase/trade or any other digital assets, nor can they sell or cash in any other digital assets for any fiat currency on our platform. Regarding the prevention of terrorist financing and anti-money laundering (AML), DigitalTown is subject to the Money Laundering Control Act of 1986, DigitalTown discretionarily undertakes due diligence to prevent money laundering and terrorism financing and will work with local authorities. When using our Services, you acknowledge that your actions are in a legal and proper manner and your sources of digital assets are not from illegal activities. DigitalTown may discretionarily or in coordination with local law enforcement authorities seize, restrict or close-out your account and digital assets.
DigitalTown’s users’ information in these Terms means information that is in compliance with laws and regulations and conforms to the following scopes.
DigitalTown undertakes that we will not disclose any password or phone number to any third party without acquiring user’s permission beforehand.
You shall indemnify DigitalTown and our agents (if any), employees, officers, directors, affiliates, subsidiaries and successors, and hold them harmless from and against all third-party claims except those resulting solely from DigitalTown’s breach of these Terms. Similarly, DigitalTown shall indemnify and hold harmless you and your agents, employees, officers, directors, affiliates, subsidiaries and successors from and against all third-party claims except those resulting solely from your breach of these Terms.
These Terms and your use of the Services will be governed by and construed in accordance with the laws of the United States, without resort to its conflict of law provisions. You agree that any action at law or in equity pursued by you and arising out of or relating to these Terms not subject to arbitration (as set forth below) will be filed only in King County, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
You and DigitalTown agree to arbitrate any dispute arising from these Terms or relating to the Services, except that you and DigitalTown are not required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and DigitalTown agree that you will notify each other of any dispute within thirty (30) days of when it arises, that you will attempt informal resolution prior to any demand for arbitration, that any arbitration will occur in King County Washington, and that arbitration will be conducted confidentially by a single arbitrator. You and DigitalTown also agree that the courts in King County, Washington have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. In any arbitration, the parties will not seek discovery from each other, and the arbitrator shall not allow parties to engage in discovery; rather, each party shall disclose the evidence supporting their positions at some mutually agreeable time and date prior to the final hearing. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by these Terms. You also agree not to participate in claims brought in by a private attorney general or representative capacity, or consolidated claims involving another person, if DigitalTown is a party to the proceeding. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then that language shall be deemed to have been dropped from these Terms and the remaining obligations relating to arbitration shall continue in full force and effect.
If any provision of this Agreement is deemed to be unlawful, invalid or unenforceable for any reason, such provision shall be deemed to be divisible and shall not affect the legal effect of any other provision.
If you have any complaints, feedback or questions, please contact our Customer Service at support@DigitalTown.com. When you contact us please provide us with your name and email address and any other information we may need to identify you, and the transaction on which you have feedback, questions, or complaints.
These Terms set forth the complete understanding of the parties with respect to the subject matter hereof and supersedes all prior understandings and communications relating thereto. No term or condition of any other document provided to DigitalTown which is different from, inconsistent with, or in addition to the terms and conditions set forth herein will be binding upon DigitalTown. You represent and warrant that all information disclosed to DigitalTown in connection with these Terms are true, accurate and complete.