Introduction. Welcome to www.DigZag.com ("DigZag"). Thanks for stopping by. By accessing DigZag you are agreeing to the following terms, which are designed to make sure that DigZag works for everyone. This policy is effective 8/1/2007.

Using DigZag. You will post in the appropriate category or area and will not do any of the following bad things:

Abusing DigZag. Please use the flagging system to tell us about any problems or offensive content so that together we can keep the site working properly. We may limit or terminate our service, remove hosted content and take technical and legal steps to keep users off DigZag if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off DigZag or not, we do not accept any liability for monitoring DigZag or for unauthorized or unlawful content on DigZag or use of DigZag by users.

Fees and Services. Using DigZag is free, but we sometimes charge a fee for some of our services. Our fees are quoted in US Dollars, and we may change them from time to time. Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms (for accounts over 180 days past due, we may deduct the amount owed from your PayPal account balance).

Content. DigZag contains content from us, you, and other users. DigZag is protected by copyright laws and international treaties. Content displayed on or via DigZag is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from DigZag without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in DigZag. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of DigZag (other than your own content). When you give us content, you are granting us and representing that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content.

Infringement. Do not post content that infringes the rights of third parties, This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). We reserve the right to remove content where we have grounds for suspecting the violation of these terms, our policies or of any party’s rights.  If you believe that your rights have been violated, please notify Customer Service. Please provide the following in any notice of alleged infringement (whether sent through the above email address or through the postal address):

• identification of the material on DigZag that you claim is infringing, with enough detail so that we may locate it on the website (e.g. the unique ad number);
• identification of the rights (or works if relevant) claimed to have been infringed;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the rights owner, its agent, or the law;
• a statement by you declaring under penalty of perjury that (a) the above information in your notice is accurate, and (b) that you are the rights owner or you are authorized to act on behalf of that rights owner;
• your address, telephone number, and email address; and
• your physical or electronic signature.

Liability. You agree not to hold us responsible for things other users post or do. As most of the stuff on DigZag comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what’s offered. We also cannot guarantee continuous or secure access to our services. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of DigZag, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 US Dollars

Personal Information. By using DigZag, you agree to the collection, transfer, storage and use of your personal information by DigZag on servers located in the United States as described in our privacy policy. You also agree to receive marketing communications from us unless you tell us that you prefer not receive such communications.

General. These terms and the other policies posted on DigZag constitute the entire agreement between DigZag and you, superseding any prior agreements. This Agreement shall be governed in all respects by the internal substantive laws of the State of Kentucky as they apply to agreements entered into and to be performed entirely within Kentucky between Kentucky residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against DigZag US Inc. must be resolved by a court located in Fayette County, Kentucky. You agree to submit to the personal jurisdiction of the courts located within Fayette County, Kentucky for the purpose of litigating all such claims or disputes.. If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below. Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to DigZag US, Inc., 757 Beaumont Ave, Harrodsburg, KY 40330, USA. We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received five days following the date of mailing. We may update this agreement at any time, with updates taking effect when you next post or after 30 days, whichever is sooner. No other amendment to this agreement will be effective unless made in writing, signed by users and by us. Send questions, comments or complaints to DigZag Customer Support.