Terms

Digital Smartpen Terms of Use

Updated May 2011

Terms and Conditions Related to Contents

1. Introduction

2. Information on the Website

3. Trade Marks

4. External Links

5. Public forums and User Submissions

6. Specific Use

7. Warranties

8. Disclaimer of Liability

9. Use of the Website

10. General

1. Introduction

The Website Owner, including subsidiaries and affiliates (“Website”
or “Website Owner” or “we” or “us” or “our”)
provides the information contained on this website or any of the pages comprising
the website (“website”) to visitors (“visitors”) (cumulatively
referred to as “you” or “your” hereinafter) subject to the
terms and conditions set out in these website terms and conditions, the marks”) displayed on this website are registered and unregistered trade
marks of the Website Owner. Nothing contained on this website should be construed
as granting any license or right to use any trade mark without the prior written
permission of the Website Owner.

4. External Links

External links may be provided for your convenience, but they are beyond the
control of the Website Owner and no representation is made as to their content.
Use or reliance on any external links and the content thereon provided is at
your own risk. When visiting external links you must refer to that external
websites terms and conditions of use. No hypertext links shall be created from
any website controlled by you or otherwise to this website without the express
prior written permission of the Website Owner. Please contact
us
if you would like to link to this website or would like to request a
link to your website.

5. Public Forums and User Submissions

The Website Owner is not responsible for any material submitted to the public
areas by you (which include bulletin boards, hosted pages, chat rooms, or any
other public area found on the website. Any material (whether submitted by you
or any other user) is not endorsed, reviewed or approved by the Website Owner.
The Website Owner reserves the right to remove any material submitted or posted
by you in the public areas, without notice to you, if it becomes aware and determines,
in its sole and absolute discretion that you are or there is the likelihood
that you may, including but not limited to -

5.1 defame, abuse, harass, stalk, threaten or otherwise violate the
rights of other users or any third parties;

5.2 publish, post, distribute or disseminate any defamatory, obscene,
indecent or unlawful material or information;

5.3 post or upload files that contain viruses, corrupted files or any
other similar software or programs that may damage the operation of the Website
Owner’s and/or a third party’s computer system and/or network;

5.4 violate any copyright, trade mark, other applicable United States
or international laws or intellectual property rights of the Website Owner or
any other third party;

5.5 submit contents containing marketing or promotional material which
is intended to solicit business.

6. Specific Use

You further agree not to use the website to send or post any message or material
that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful,
vulgar, obscene, sexually orientated, racially offensive, profane, pornographic
or violates any applicable law and you hereby indemnify the Website Owner against
any loss, liability, damage or expense of whatever nature which the Website
Owner or any third party may suffer which is caused by or attributable to, whether
directly or indirectly, your use of the website to send or post any such message
or material.

7. Warranties

The Website Owner makes no warranties, representations, statements or guarantees
(whether express, implied in law or residual) regarding the website, the information
contained on the website, your or your company’s personal information or material
and information transmitted over our system.

8. Disclaimer of Liability.

The Website Owner shall not be responsible for and disclaims all liability
for any loss, liability, damage (whether direct, indirect or consequential),
personal injury or expense of any nature whatsoever which may be suffered by
you or any third party (including your company), as a result of or which may
be attributable, directly or indirectly, to your access and use of the website,
any information contained on the website, your or your company’s personal information
or material and information transmitted over our system. In particular, neither
the Website Owner nor any third party or data or content provider shall be liable
in any way to you or to any other person, firm or corporation whatsoever for
any loss, liability, damage (whether direct or consequential), personal injury
or expense of any nature whatsoever arising from any delays, inaccuracies, errors
in, or omission of any share price information or the transmission thereof,
or for any actions taken in reliance thereon or occasioned thereby or by reason
of non-performance or interruption, or termination thereof.

9. Use of the Website.

The Website Owner does not make any warranty or representation that information
on the website is appropriate for use in any jurisdiction (other than United States ). By accessing the website, you warrant and represent to the Website
Owner that you are legally entitled to do so and to make use of information
made available via the website.

10. General

10.1 Entire Agreement.

These website terms and conditions constitute the sole record of the agreement
between you and the Website Owner in relation to your use of the website. Neither
you nor the Website Owner shall be bound by any express tacit or implied representation,
warranty, promise or the like not recorded herein. Unless otherwise specifically
stated these website terms and conditions supersede and replace all prior commitments,
undertakings or representations, whether written or oral, between you and the
Website Owner in respect of your use of the website.

10.2 Alteration

the Website Owner may at any time modify any relevant terms and conditions,
policies or notices. You acknowledge that by visiting the website from time
to time, you shall become bound to the current version of the relevant terms
and conditions (the “current version”) and, unless stated in the current
version, all previous versions shall be superseded by the current version. You
shall be responsible for reviewing the then current version each time you visit
the website.

10.3 Conflict.

Where any conflict or contradiction appears between the provisions of these
website terms and conditions and any other relevant terms and conditions, policies
or notices, the other relevant terms and conditions, policies or notices which
relate specifically to a particular section or module of the website shall prevail
in respect of your use of the relevant section or module of the website.

10.4 Waiver.

No indulgence or extension of time which either you or the Website Owner may
grant to the other will constitute a waiver of or, whether by estoppel or otherwise,
limit any of the existing or future rights of the grantor in terms hereof, save
in the event or to the extent that the grantor has signed a written document
expressly waiving or limiting such rights.

10.5 Cession.

The Website Owner shall be entitled to cede, assign and delegate all or any
of its rights and obligations in terms of any relevant terms and conditions,
policies and notices to any third party.

10.6 Severability.

All provisions of any relevant terms and conditions, policies and notices
are, notwithstanding the manner in which they have been grouped together or
linked grammatically, severable from each other. Any provision of any relevant
terms and conditions, policies and notices, which is or becomes unenforceable
in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness
or for any reason whatever, shall, in such jurisdiction only and only to the
extent that it is so unenforceable, be treated as pro non scripto and the remaining
provisions of any relevant terms and conditions, policies and notices shall
remain in full force and effect.

10.7 Applicable laws.

Any relevant terms and conditions, policies and notices shall be governed by
and construed in accordance with the laws of United States without giving
effect to any principles of conflict of law. You hereby consent to the exclusive
jurisdiction of the United States in respect of any disputes
arising in connection with the website, or any relevant terms and conditions,
policies and notices or any matter related to or in connection therewith.

10.8 Comments or Questions.

If you have any questions, comments or concerns arising from the website, the
privacy policy or any other relevant
terms and conditions, policies and notices or the way in which we are handling
your personal information please contact us.

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