Digg Terms of Use

Hi! Welcome to the Digg Terms of Service. (Please wipe your feet.)

What is this thing?

The document you are reading now is the legal contract between you and DeMediaCo, LLC (a.k.a., “Digg”, “we”, “us”) that applies to your use of anything Digg, including Digg’s websites, mobile apps, email and other products, content, and related services (in this doc, we’re going to refer to Digg’s products and services collectively as “Digg Services”).

Who is DeMediaCo, LLC?

DeMediaCo, LLC is the company that operates the Digg Services. We refer to ourselves here as “Digg”, because Digg is the name of the service the vast majority of our users know us by.

Why should I read this?

Even if you breeze past most terms of service on the Internet, we think you should give this one a good, solid read. First, because it’s important if you’re a Digg user. By using Digg Services, you are agreeing to be bound by all of the provisions set out here in Digg’s Terms of Service. And second, because, in the spirit of Blaise Pascal, who famously wrote in a letter (in French), “I have made this longer than usual because I have not had time to make it shorter,” we have actually taken a lot of time to reduce the legalese and write these terms in the shortest, most understandable way we can.

Who owns the things I post on Digg?

You do. When you post a comment or image or write or submit something on Digg, you own that content, as far as we’re concerned. Digg doesn’t claim any ownership of your content.

Since it’s yours, we need your permission to use your content. Here’s what you’re agreeing to: When you post or submit content of any sort on Digg, you are giving us permission to use it as needed to provide the Digg Services. That includes, for example, actions like storing, displaying, reproducing, and distributing your content. Since Digg Services are, for the most part, public, you are also agreeing that other Digg users will be able to see it. Your permission to use your content continues even if you stop using Digg or terminate your account. Also, we can use your content on others’ sites and services to promote Digg Services or to boost awareness of your content itself.

Please only post things on Digg that you have the right to post, like your own writing or a public URL or link to a story or video embed. When you post content on Digg, you are representing and warranting that you have all of the necessary rights to give us permission to use it.

Conversely, Digg retains copyright and any other applicable rights in the things we post on Digg, including Digg’s logo, design, and look and feel.

Can I delete my own content from Digg?

Kind of. The content will remain, but the attribution to you will not. When you delete some content or your entire account from Digg, it may take some time for our systems to fully remove it from public view. We maintain backup systems that may keep copies of your deleted content for some time; but please be aware that if you hit “delete” on Digg, our backup of the content may immediately become unrecoverable.

Can Digg block or delete my content from Digg?

Yes. Digg has the right to refuse or remove any content you post, submit, or transfer to Digg, for any reason or even no reason. There are limits to what we find acceptable for Digg, set out in the Community Guidelines. We aim to enforce Digg’s Community Guidelines, so when we become aware of a violation, we may remove content, suspend or alter your user name, or even suspend or delete your account. Sometimes new issues emerge that aren’t properly addressed in the guidelines, so we reserve the right to block or delete content from Digg in our sole discretion. Having said that, we will very sincerely strive not to misuse or abuse that right.

Can Digg change these Terms of Service?

Yes. We can change Digg’s Terms of Service at any time. If the changes are material, we’ll let you know by email or by posting a notice on the site when the changes go into effect. If you don’t agree to the new Terms of Service, we ask that you delete your account before the end of the Notice Period. If you do not delete your account before the end of the Notice Period, your content and use of the site will be subject to the new Terms of Service from that time forward.

Can Digg change or end the services it offers?

Yes. At the risk of belaboring the obvious, Digg has the right to change, terminate, or restrict access to any aspect of Digg Services, at any time, and with or without notice.

How does Digg protect my privacy?

That’s set forth in Digg’s Privacy Policy. When you use Digg Services, you consent to Digg collecting and using information as detailed in the Privacy Policy. If you’re outside the United States, you consent to the transfer, storage, and processing of your information—including but not limited to the content you posted or transferred to the site and any personal information—to and within the United States and other countries.

Is Digg for children?

No. You must be 13 or older to use Digg. If you are under 13, you are not permitted to use Digg Services. If we learn that you are under 13, we will terminate your account.

More broadly, if you can’t legally form a binding contract, or are otherwise legally prohibited from using Digg Services, you don’t have our permission to use Digg Services.

Do these Terms of Service apply to the third-party services I can use to create an account or auth in to Digg?

No. Digg enables the use of other companies’ services -- like Twitter’s and Google’s -- to create and authorize user accounts. If you use those third-party services in connection with Digg Services, you are agreeing to their terms of use, privacy policy, and other agreements between you and them.

How does Digg deal with copyright infringement?

Digg complies with the Digital Millennium Copyright Act. We have a policy of terminating repeat copyright infringers as appropriate.

The contact information for Digg’s Designated Agent for receipt of notices of claimed infringement is here:

Physical mail: 4412 California Ave SW, #16615, Seattle, WA 98116 Attn: Digg Copyright Agent

Email: [email protected]

Anything else I am agreeing to?

Yes. The US legal system has developed a set of provisions for Terms of Service like ours that we really need to include in this contract. You should read them, even though they are written in mind-numbing ALL CAPS -- evidently, the powers-that-be believe that ALL CAPS LEGALESE is more forceful and urgent and makes a deeper impression than, say, well-written, well-organized, human-friendly text. Regardless, these provisions matter a lot -- among other things, they limit our liability and specify applicable law and venue -- so please don’t ignore them.

Without further ado:

1. YOU USE THE DIGG SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

2. DIGG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO DIGG SERVICES. FOR EXAMPLE, WE DO NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, ABSOLUTELY SECURE, OR ERROR-FREE, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (IV) ANY ERRORS IN THE DIGG SERVICES WILL BE CORRECTED.

3. YOU UNDERSTAND AND EXPRESSLY AGREE THAT DIGG SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DIGG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; (V) OR ANY OTHER MATTER RELATING TO THE DIGG SERVICES.

4. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF DIGG FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS (US $100.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).

5. THE FAILURE OF DIGG TO EXERCISE OR ENFORCE ANY RIGHT OR PROVISION OF THESE TERMS SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION. THE TERMS AND OUR PRIVACY POLICY CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND DIGG AND GOVERN YOUR USE OF THE DIGG SERVICES, SUPERSEDING ANY PRIOR AGREEMENTS BETWEEN YOU AND DIGG (INCLUDING, BUT NOT LIMITED TO, ANY PRIOR VERSIONS OF THE TERMS). YOU AGREE THAT THESE TERMS AND YOUR USE OF THE DIGG SERVICES ARE GOVERNED UNDER DELAWARE LAW. YOU AGREE THAT ANY CLAIM OR DISPUTE YOU MAY HAVE AGAINST DIGG MUST BE RESOLVED EXCLUSIVELY BY A STATE OR FEDERAL COURT LOCATED IN DELAWARE, EXCEPT AS OTHERWISE AGREED BY THE PARTIES. YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE COURTS LOCATED WITHIN DELAWARE FOR THE PURPOSE OF LITIGATING ALL SUCH CLAIMS OR DISPUTES. (Before resorting to courts, though, we strongly encourage you to contact us directly to try to work it out. We are reasonable people.)

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