Terms of Service

DIG-IT! Games® is a mission based company delivering learning and fun to classrooms and households. These Terms of Service govern your use of this website, any online, offline or mobile product or service to which you have access from this website, any product or service that requires a DIG-IT! Games Account to access, install or play as well as any DIG-IT! Games Account you use to access online or mobile products or services (the “DIG-IT! Games Services”) offered by DIG-IT! Games LLC. These terms of service are an agreement between you and DIG-IT! Games LLC, located at 7801 Norfolk Ave, Suite 200, Bethesda, MD 20814.

These Terms of Service, as well as DIG-IT! Games’s Privacy Policy are available at https://www.dig-itgames.com/privacy.  DIG-IT! Games’s End User License Agreement (EULA) is available at https://www.dig-itgames.com/eula.  DIG-IT! Games Privacy Policy and EULA are  incorporated herein by reference and form legally binding contracts between you and DIG-IT! Games. By using DIG-IT! Games Services, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live) or that you have reviewed this agreement with your parent or guardian and he or she assents to these Terms of Service on your behalf and takes full responsibility for your compliance with them. You agree that you and/or your parent or guardian are fully able and competent to enter into the terms, conditions, obligations, representations and responsibilities set forth in these Terms of Service, and to abide and comply with these Terms of Service.

1. DIG-IT! Games Registered Member Account

A registered account with DIG-IT! Games (“Account”) may be required to access and use some DIG-IT! Games Services. If you have questions about Account registration, please contact us at support@dig-itgames.com.

To create an Account, you must have an email address, create a user name and password, and provide truthful and accurate information. You must be eligible to use the DIG-IT! Games Service for which you are registering. In addition, some DIG-IT! Games Services may require creation of a “user name” to represent you in game and online. User names and passwords are tied to your Account. You may not use a user name that is used by someone else, is vulgar or offensive, or otherwise violates the Terms of Service.

You are solely responsible for all activity on your Account. Your Account may be terminated if you or someone else uses it to engage in activity that violates the Terms of Service or is otherwise improper or illegal. You should not reveal your Account password to others.

For school accounts, any and all licenses, Content and Entitlements apply to the authorized student users that are identified in the school’s Account. Such students must be actively enrolled in that school and attending on a full-time or part-time basis.

2. Content

“Content” on DIG-IT! Games Services includes software, technology, text, forum posts, chat posts, profiles, widgets, messages, links, emails, music, sound, graphics, pictures, video, code, and all audio/visual or other material appearing on or emanating to and/or from DIG-IT! Games Services, as well as the design and appearance of our websites. Content includes user-generated Content (“UGC”). UGC includes but is not limited to Account user names, forum posts, profile content and any other Content contributed by users to DIG-IT! Games Services. DIG-IT! Games Content and UGC collectively shall be referred to as “Content.” All Content–with the exception of UGC discussed below in Section 6 and 7–is owned by DIG-IT! Games or its affiliates, subsidiaries, licensors or suppliers. DIG-IT! Games is not responsible for the quality, completeness, accuracy and/or usefulness of UGC found on DIG-IT! Games Services.

3. Entitlements

“Entitlements” are licensed rights granted, awarded, provided and/or purchased by you to access and/or use online or offline elements or features of DIG-IT! Games Services and/or products. Entitlements include but are not limited to paid and free downloadable content, unlockable content, digital and/or virtual assets, rights of use and promotional codes tied to unlock keys or codes, serial codes and/or online authentication of any kind, in-game achievements and virtual or fictional currency not otherwise governed by a Digital Services Agreement.

4. Use and General Restrictions for Content and Entitlements

For Accounts that are registered and authorized for use by multiple users (as in the case with school accounts), DIG-IT! Games grants you and all of your authorized users a personal, limited, non-exclusive license to use Content and Entitlements to which you have access for your non-commercial, non-transferable, limited uses solely as set forth herein and as set forth in any additional documentation and/or agreements applicable to the DIG-IT! Games Services accessed by you and only for the number of users authorized in your Account. For all other Accounts, DIG-IT! Games grants you a personal, limited, non-exclusive license to use Content and Entitlements to which you have access for your personal, private, non-commercial, non-transferable, limited uses solely as set forth herein and as set forth in any additional agreements applicable to the DIG-IT! Games Services accessed by you. Content and Entitlements and all other intellectual property rights in or on DIG-IT! Games Services as well as the products and services offered through DIG-IT! Games Services, are owned by DIG-IT! Games or DIG-IT! Games’s third party licensors and is protected by United States and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content and/or Entitlements from a DIG-IT! Games Service unless you are expressly authorized to do so. In addition, unless expressly authorized by DIG-IT! Games, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Content or Entitlements. Any commercial use is prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. Your rights are subject to your compliance with these Terms of Service as well as any other agreements applicable to the DIG-IT! Games Services you are using.

DIG-IT! Games reserves all right, title and interest in Content, Entitlements and all associated copyrights, trademarks, and other intellectual property rights therein that are not expressly granted to you in these Terms of Service. Your permitted use of Content and Entitlements described above is limited by the intellectual property rights of DIG-IT! Games and does not include any rights to other patents or intellectual property. Making unauthorized copies or distribution of Content and/or Entitlements found on DIG-IT! Games Services may result in the termination of your Account(s), prohibition on use of DIG-IT! Games Services, and further legal action. Content and/or Entitlement owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless DIG-IT! Games from any unauthorized or illegal conduct by you, or through the use of your Account, on DIG-IT! Games Services.

5. DIG-IT! Games Services, Content and Entitlement Availability

Entitlements may only be held in Accounts where access to and use of Content and Entitlements is permitted. Entitlements may be purchased or acquired only from DIG-IT! Games or an authorized retailer (ex Apple App Store). DIG-IT! Games reserves the right to refuse your request(s) to acquire Entitlements, and DIG-IT! Games reserves the right to limit or block any request to acquire Entitlements for any reason.

We do not guarantee that any Content or Entitlement will be available at all times, or that we will continue to offer particular Content or Entitlements for any particular length of time. We reserve the right to change and update Content and Entitlements without notice to you. Once you have redeemed your Entitlements, that content is not returnable, exchangeable, or refundable for other Entitlements or for cash, or other goods or services.

6. Contributing UGC to DIG-IT! Games Services

DIG-IT! Games does not pre-screen all UGC and does not endorse or approve any UGC that you and other users may contribute to DIG-IT! Games Services. You are solely responsible for your UGC and may be held liable for UGC that you post.

DIG-IT! Games respects the intellectual property rights of others. You must have the legal right to upload UGC to DIG-IT! Games Services. You may not upload or post any UGC on DIG-IT! Games Services that infringes the copyright, trademark or other intellectual property rights of a third party nor may you upload UGC that violates the law, this Terms of Service and/or any third party’s right of privacy or right of publicity. You may upload only UGC that you are permitted to upload by the owner or by law. DIG-IT! Games may, without prior notice to you and in its sole judgment, remove UGC that may infringe the intellectual property or other rights of a third party. If you infringe DIG-IT! Games’ or a third party’s intellectual property or other rights, DIG-IT! Games may terminate your Account without notice to you. If your Account(s) are terminated, you are not entitled to a refund for any fees you have paid, and you will lose access to Entitlements associated with your Account.

DIG-IT! Games reserves the right (but has no obligation except as required by law) to modify, remove, block, edit, move or disable UGC for any reason, including when DIG-IT! Games determines that UGC violates these terms. The decision to remove UGC or other Content at any time is in DIG-IT! Games’ sole and final discretion. To the maximum extent permitted by applicable law, DIG-IT! Games does not assume any responsibility or liability for UGC or for removal of, UGC or any failure to or delay in removing, UGC or other Content.

7. UGC License Grant to DIG-IT! Games and Others

When you contribute UGC to an DIG-IT! Games Service, you expressly grant to DIG-IT! Games and its licensors a non-exclusive, perpetual, worldwide, complete, sub-licensable and irrevocable right to quote, re-post, publish, use, adapt, translate, archive, store, reproduce, modify, create derivative works from, syndicate, license, print, sublicense, distribute, transmit, broadcast, and otherwise communicate, and publicly display and perform the UGC, or any portion thereof, in any manner or form and in any medium or forum, whether now known or hereafter devised, without notice, payment or attribution of any kind to you or any third party. You grant DIG-IT! Games and its licensors all licenses, consents and clearances to enable DIG-IT! Games and its licensors to use such UGC for such purposes. You waive and agree not to assert any moral or similar rights you may have in such UGC.

If the DIG-IT! Games Service on which you contribute UGC permits other users to access and use that UGC as part of the DIG-IT! Games Service, then you also grant all other users of the relevant DIG-IT! Games Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your UGC on or through the relevant DIG-IT! Games Service without further notice, attribution or compensation to you.

8. Paid Services

Some DIG-IT! Games Services require payment of a fee. You must have an Account and pay the subscription and/or other fees to participate in these activities. This is generally done through our website store (http://www.dig-itgames.com/game-store).

DIG-IT! Games reserves the right to change our fees or billing methods at any time. DIG-IT! Games will always provide you with notice of any changes to the fees or billing methods at least thirty (30) days in advance by posting such changes on the DIG-IT! Games Service. You are responsible for reviewing the DIG-IT! Games Service to obtain timely notice of such changes. Your continued use of the DIG-IT! Games Service thirty (30) days or more after posting of the changes means that you accept such changes. If any change is unacceptable to you, you may cancel your subscription at any time, but DIG-IT! Games will not refund any fees that may have accrued to your Account before cancellation of your subscription, and we will not prorate fees for any subscription. If your use of DIG-IT! Games Services is subject to use or sales tax, then DIG-IT! Games may also charge you for any such taxes, in addition to the subscription or other fees.

If you upgrade or change your account you may be entitled to credit which can be applied to future purchases. However, if you choose not to renew your subscription or make future purchases on the site, that remaining credit will not be refunded to you.

1. Payment Options. You may pay fees using the methods available for the particular DIG-IT! Games Service and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary by DIG-IT! Games Service. When you provide credit card or other payment information to DIG-IT! Games, you represent to DIG-IT! Games that you are the authorized user of the credit card or other payment method. You must provide current, complete, and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you should notify DIG-IT! Games if your credit card is canceled (for example, for loss or theft). Changes to such information can be made by contacting Customer Service at support@dig-itgames.com. DIG-IT! Games reserves the right to utilize third party credit card updating services to obtain current expiration dates on credit cards provided by you to DIG-IT! Games.

As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends and authorized users, where applicable.

1. Trial Subscriptions. For some DIG-IT! Games Services, DIG-IT! Games may offer a free trial subscription. These may be provided without notice in your game library. If you accept a free trial subscription (this includes opening the game to play), your subscription will end upon the trial date unless you elect to pay for the product subscription. You are always responsible for any internet service provider, telephone, wireless, connection, or other fees that you may incur when using DIG-IT! Games Services, even when we offer a free trial subscription. Trial subscriptions are not transferrable.

1. Fees Charged By Third-Party Sites and Vendors. We may provide links to other web sites. Some of these web sites may charge separate fees, which are not included in any subscription or other fees that you may pay to DIG-IT! Games. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.

9. Termination of DIG-IT! Games Services

DIG-IT! Games may terminate access to any online or mobile products and/or DIG-IT! Games Services (and/or any portion thereof) at any time by giving you notice of such termination within the time period specified when you joined the particular DIG-IT! Games Service, or if no time period for notice of termination was specified, then within thirty (30) days of the date such notice is either (at DIG-IT! Games’ discretion) provided to you via email or is posted on the applicable product or on https://www.DIG-IT! Gamesgames.org.

DIG-IT! Games may also terminate access to DIG-IT! Games Services for violation of this Terms of Service, if DIG-IT! Games (in its sole discretion) deems that your use of DIG-IT! Games Services renders DIG-IT! Games Services less safe for others or for illegal or improper use of DIG-IT! Games Services, Content, Entitlement, products, or DIG-IT! Games’ Intellectual Property as determined by DIG-IT! Games in its sole discretion. You may lose your user name and Account as a result of termination. If you have more than one (1) Account or multiple users under one (1) Account, DIG-IT! Games may terminate all of your Accounts or all of your users and all related Entitlements.

If you believe that any action has been taken against your Account or device in error, please contact Customer Support at support@dig-itgames.com.

10. Cancellation of your Account

You have the right to cancel your Account or a particular subscription to a DIG-IT! Games Service at any time. Once your Account is cancelled, you and all of your authorized users, if any, will no longer have access to the DIG-IT! Games Services. If you do not agree to the terms in this Terms of Service, your sole remedy is to not use DIG-IT! Games Services and to cancel your Account or applicable subscriptions. You understand and agree that the cancellation of your Account or a particular subscription is your sole right and remedy with respect to any dispute with DIG-IT! Games, including any dispute related to, or arising out of: (1) any term of this Terms of Service or DIG-IT! Games’ enforcement or application of this Terms of Service; (2) the Content and Entitlements available through DIG-IT! Games Services or any change in Content or Entitlements provided through DIG-IT! Games Services; (3) your ability to access and/or use DIG-IT! Games Services and/or any Content or Entitlements thereon; or (4) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods for DIG-IT! Games Services and/or any Content or Entitlements thereon.

Contact DIG-IT! Games’s Customer Service Department at support@DIG-IT! Gamesgames.org to cancel your Account. DIG-IT! Games reserves the right to collect fees, surcharges or costs incurred before you cancel your Account or a subscription to a DIG-IT! Games Service. You are also responsible for any amounts owed to third-party vendors or content providers before your cancellation. Any delinquent or unpaid fees and other unresolved issues with DIG-IT! Games Services must be settled before you establish a new Account.

11. Rules of Conduct

You may violate the Terms of Service if, as determined by DIG-IT! Games in its sole discretion, you:

Post, transmit, promote, or distribute Content that is illegal.

Organize, effectuate or participate in any activity, group, guild that is harmful, abusive, hateful, racially, ethnically, religiously or otherwise offensive, obscene, threatening, bullying, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, encourages conduct that would violate a law or in a reasonable person’s view, objectionable and/or inappropriate. Hate speech is not tolerated.

Harass, threaten, embarrass, spam or do anything else to another player that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.

Use abusive, offensive, or defamatory screen names and/or personas.

Engage in disruptive behavior in chat areas, game areas, forums, or any other area or aspect of DIG-IT! Games Services. Disruptive behavior includes but is not limited to conduct which interferes with the normal flow of gameplay or dialogue within a DIG-IT! Games Service. Disruptive behavior shall also include, but not be limited to, commercial postings, solicitations and advertisements.

Disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [such as using fully or mostly capitalized messages] in an attempt to disturb other users, “spamming” or flooding [posting repetitive text].

Impersonate another person (including celebrities), indicate falsely that you are a DIG-IT! Games employee or a representative of DIG-IT! Games, or attempt to mislead users by indicating that you represent DIG-IT! Games or any of DIG-IT! Games’s partners or affiliates.

Attempt to get a password, account information, or other private information from anyone else on DIG-IT! Games Services.

Upload any software or Content that you do not own or have permission to freely distribute.

Violate any additional Rules of Conduct applicable to a specific DIG-IT! Games Service that you are using.

Promote, encourage or take part in any activity involving hacking, cracking, phishing, taking advantage of exploits or cheats and/or distribution of counterfeit software and/or virtual currency/items.

Upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt DIG-IT! Games Services.

Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities.

Improperly use in-game support or complaint buttons or make false reports to DIG-IT! Games staff.

Use or distribute unauthorized “auto” software programs, “macro” software programs or other “cheat utility” software program or applications.

Use any game hacking/altering/cheating software or tools.

Modify or attempt to modify any file or any other part of the DIG-IT! Games Service that DIG-IT! Games does not specifically authorize you to modify.

Post or communicate any person’s real-world personal information using a DIG-IT! Games Service.

Attempt to interfere with, hack into or decipher any transmissions to or from a DIG-IT! Games Service.

Use and communicate exploits and/or cheats.

Attempt to use DIG-IT! Games Software on or through any service that is not controlled or authorized by DIG-IT! Games. Any such use is at your own risk and may subject you to additional or different terms. DIG-IT! Games takes no responsibility for your use of DIG-IT! Games Software on or through any service that is not controlled by DIG-IT! Games.

Interfere with the ability of others to enjoy playing an DIG-IT! Games Service or take actions that interfere with or materially increase the cost to provide an DIG-IT! Games Service for the enjoyment of all its users.

Unless expressly authorized by DIG-IT! Games, you may not sell, buy, trade or otherwise transfer your Account or any personal access to DIG-IT! Games Services, Content or Entitlements, including by use of auction websites.

You may not conduct any activities that violate the laws of any jurisdiction including but not limited to copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, stalking, fraud and the distribution of counterfeit software.

Post or transmit unsolicited advertising, promotional materials or other forms of solicitation in-game or in the forums.

Abuse or exploit bugs, undocumented features, design errors or problems in the game.

“Role–playing” is not an excuse for violating this or any other policy.

You must also obey all federal, state, and local laws, regulations and rules that apply to your activities when you use DIG-IT! Games Services. DIG-IT! Games reserves the right to terminate your Account and to prevent your use of any and all DIG-IT! Games Services if your Account is used to engage in illegal activity or to violate this Terms of Service.

Unless otherwise specified, there is no requirement or expectation that DIG-IT! Games will monitor or record any online activity on DIG-IT! Games Services, including communications. However, DIG-IT! Games reserves the right to access and/or record any online activity on DIG-IT! Games Services and you give DIG-IT! Games your express consent to access and record your activities. DIG-IT! Games reserves the right to remove any content from any DIG-IT! Games Service at DIG-IT! Games’ sole discretion. DIG-IT! Games has no liability for your or any third party’s violation of this Agreement.

If you encounter another user who is violating any of the Rules of Conduct, please report this activity to DIG-IT! Games at support@dig-itgames.com.

12. Software, Utilities and Tools

DIG-IT! Games Services may require or allow you to download software, software updates or patches, or other utilities and tools from DIG-IT! Games or its licensors onto your computer, entertainment system or device (“DIG-IT! Games Software”). DIG-IT! Games grants to you a non-exclusive, limited license to use DIG-IT! Games Software solely for the purpose stated by DIG-IT! Games at the time the DIG-IT! Games Software is made available to you. Your use of the DIG-IT! Games Software is subject to the terms of the EULA or, if applicable, the other license agreement that accompanies the software. The terms of the EULA can be viewed at https://www.dig-itgames.com/eula. You may not sub-license, or charge others to use or access DIG-IT! Games Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from DIG-IT! Games Software. You may not modify DIG-IT! Games Software or use it in any way not expressly authorized in writing by DIG-IT! Games. You understand that DIG-IT! Games’ introduction of various technologies may not be consistent across all platforms and that the performance of DIG-IT! Games Software and related DIG-IT! Games Services may vary depending on your computer and other equipment.

From time to time, DIG-IT! Games may provide you with updates or modifications to DIG-IT! Games Software. You understand that certain updates and modifications may be required in order to continue use the DIG-IT! Games Software and DIG-IT! Games Services. Many game updates will be automatic depending on the service used.

13. Export Control Laws

DIG-IT! Games Software may be subject to United States export controls, and export controls of other jurisdictions. By downloading DIG-IT! Games Software from DIG-IT! Games, you warrant that you are not located in any country, or exporting DIG-IT! Games Software to any person or place, to which the United States has embargoed goods.

14. Updates to DIG-IT! Games Services

IMPORTANT: DIG-IT! GAMES MAY FIND IT NECESSARY TO UPDATE, OR RESET CERTAIN PARAMETERS TO BALANCE GAME PLAY AND USAGE OF DIG-IT! GAMES SERVICES. THESE UPDATES OR “RESETS” MAY CAUSE YOU SETBACKS WITHIN THE RELEVANT GAME WORLD AND MAY AFFECT CHARACTERS, GAMES, GROUPS OR OTHER ENTITLEMENTS UNDER YOUR CONTROL. DIG-IT! GAMES RESERVES THE RIGHT TO MAKE THESE UPDATES AND IS NOT LIABLE TO YOU FOR THESE CHANGES.

15. Limitations on Warranty and Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF DIG-IT! GAMES SERVICES, DIG-IT! GAMES SOFTWARE, AND THE INTERNET IS AT YOUR SOLE RISK. DIG-IT! GAMES SERVICES, DIG-IT! GAMES SOFTWARE, DIG-IT! GAMES PRODUCTS AND THIRD-PARTY SERVICES AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO WARRANTY IS GIVEN ABOUT THE QUALITY, FUNCTIONALITY, AVAILABILITY OR PERFORMANCE OF DIG-IT! GAMES SOFTWARE OR DIG-IT! GAMES SERVICES. DIG-IT! GAMES DOES NOT ASSUME LIABILITY FOR INABILITY TO OBTAIN OR USE ANY CONTENT, ENTITLEMENTS, GOODS OR SERVICES. DIG-IT! GAMES PROVIDES DIG-IT! GAMES SERVICES ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE DIG-IT! GAMES SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT DIG-IT! GAMES WILL HAVE ADEQUATE CAPACITY FOR DIG-IT! GAMES SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH DIG-IT! GAMES OR ITS LICENSORS ARISING OUT OF OR RELATING TO DIG-IT! GAMES SERVICES AND/OR DIG-IT! GAMES PRODUCTS IS TO STOP USING DIG-IT! GAMES SERVICES, AND TO CANCEL YOUR ACCOUNT. YOU ACKNOWLEDGE AND AGREE THAT DIG-IT! GAMES, ITS LICENSORS, LICENSEES AND AFFILIATES ARE NOT LIABLE FOR ANY ACT OR FAILURE TO ACT BY THEM OR ANY OTHER PERSON REGARDING CONDUCT, COMMUNICATION OR CONTENT ON DIG-IT! GAMES SERVICES OR USE OF DIG-IT! GAMES SOFTWARE. IN NO CASE SHALL DIG-IT! GAMES’S OR ITS LICENSORS’, LICENSEES’, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “DIG-IT! GAMES AFFILIATES”) LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO DIG-IT! GAMES FOR DIG-IT! GAMES SERVICES. IN NO CASE SHALL DIG-IT! GAMES, ITS LICENSORS OR DIG-IT! GAMES AFFILIATES BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF DIG-IT! GAMES SERVICES, DIG-IT! GAMES SOFTWARE, THE INTERNET OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF DIG-IT! GAMES SERVICES OR ACCOUNTS. WHILE DIG-IT! GAMES USES COMMERCIALLY REASONABLE MEANS TO PROTECT YOUR PERSONAL INFORMATION, DIG-IT! GAMES AND ITS LICENSORS ASSUME NO LIABILITY FOR LOSS OF DATA, DAMAGE CAUSED TO YOUR SOFTWARE OR HARDWARE, AND ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL AND HOWEVER ARISING, AS A RESULT OF ACCESSING OR USING ANY DIG-IT! GAMES SERVICE, CONTENT, DIG-IT! GAMES SOFTWARE TO YOUR COMPUTER AND/OR DEVICE.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, DIG-IT! GAMES’S, DIG-IT! GAMES’S LICENSORS’ AND DIG-IT! GAMES AFFILIATES’ LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW. DIG-IT! GAMES DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY THIRD PARTY PRODUCT OR SERVICE OFFERED THROUGH DIG-IT! GAMES AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

16. Indemnification

Upon DIG-IT! Games’ and/or its licensors’ request, you agree to defend, indemnify and hold harmless DIG-IT! Games, its licensors and DIG-IT! Games Affiliates, contractors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees, that arise from or relate to a breach of these Terms of Service for which you are responsible or in connection with your distribution of any Content on or through DIG-IT! Games Services. Without limiting the generality of the foregoing, you agree to indemnify and hold DIG-IT! Games and its licensors harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of DIG-IT! Games Services and for all of your communication and activity on DIG-IT! Games Services, including any Content you contribute, and that you will indemnify and hold harmless DIG-IT! Games, DIG-IT! Games’ licensors and DIG-IT! Games Affiliates from any liability or damages arising from your conduct on DIG-IT! Games Services, including any Content that you contribute.

DIG-IT! Games and its licensors reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to DIG-IT! Games and/or its licensors in that matter. This Section shall survive termination of this Terms of Service.

17. Links to Third-Party Sites

DIG-IT! Games Services may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. DIG-IT! Games does not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.

18. General Terms

1. Remedies. You agree that this Terms of Service is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Terms of Service. You also understand and agree that this Terms of Service, the DIG-IT! Games Privacy Policy and the EULA incorporated into this Terms of Service, including DIG-IT! Games’ enforcement of those policies, are not intended to confer, and do not confer, any rights or remedies upon any person.

1. Severability. If any part of this Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of DIG-IT! Games, and the remaining portions shall remain in full force and effect.

1. Waiver. The failure of DIG-IT! Games to exercise or enforce any right or provision of this Terms of Service will not constitute waiver of such right or provision. Any waiver of any provision of this Terms of Service will be effective only if in a writing signed by DIG-IT! Games.

1. Governing Law. The laws of the State of Maryland, excluding its conflicts-of-law rules, govern this Terms of Service and your Account(s); and to the extent applicable pursuant to Section 20, below, you expressly agree that exclusive jurisdiction for any claim or dispute with DIG-IT! Games, arising out of or relating in any way to your Account(s) or your use of DIG-IT! Games Services resides in the federal and state courts within the jurisdiction of the United States District Court for Bethesda, Maryland, and you further agree and expressly consent (to the extent applicable pursuant to Section 20, below), to the exercise of personal jurisdiction in such courts in connection with any such dispute not precluded by Section 20 below including any claim involving DIG-IT! Games or DIG-IT! Games Affiliates, subsidiaries, contractors, vendors and content providers. As noted above, your conduct may also be subject to other local, state, national, and international laws.

19. Dispute Resolution By Binding Arbitration

All claims in any way related to the subject matter, interpretation, application or alleged breach of this Agreement (“Arbitrable Claims“) shall be resolved by arbitration in Bethesda, Maryland in accordance with the rules of the American Arbitration Association, as amended. Arbitration shall be final and binding upon the parties and shall be the exclusive remedy for all Arbitrable Claims. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO THE ARBITRABLE CLAIMS.

20. Entire Agreement

The Terms of Service (including the DIG-IT! Games Privacy Policy and EULA incorporated by reference into this document) and any posted rules or instructions regarding a particular game, activity, contest, or sweepstakes constitute the entire agreement between you and DIG-IT! Games relating to your rights and obligations in the use of DIG-IT! Games Services. If there is any conflict between the Terms of Service and any other rules or instructions posted on a DIG-IT! Games Service, DIG-IT! Games shall resolve the conflict in its sole discretion.

21. Right to Amend Terms of Services

You should check https://www.dig-itgames.com/terms-of-service periodically for new information and terms that govern your use of DIG-IT! Games Services. DIG-IT! Games may modify the Terms of Service at any time. Revisions to terms affecting existing DIG-IT! Games Services shall be effective thirty (30) days after posting at https://www.DIG-IT! Games.com/terms-of-service. Terms for new DIG-IT! Games Services are effective immediately upon posting at https://www.dig-itgames.com/terms-of-service.