Welcome to Istari Digital. Please read on to learn the rules and restrictions that govern your use of our website(s). Please note that access to Istari’s platform and services will require you to enter into a separate agreement with Istari Digital. If you have any questions, comments, or concerns regarding these terms or our website, please contact us at:
Please read these Terms carefully. They cover important information about our website. PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR WEBSITE ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS OUR WEBSITE IN ANY MANNER.
You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use our website and have gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization’s or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
Will these Terms ever change?
Istari Digital reserves the right to change the website and/or these Terms at any time at our sole discretion without notice or liability to you. If Istari Digital makes material changes to these Terms, we will place a notice on our site located at www.istaridigital.com and/or provide notice by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use or access our website. If you use or access our website in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
What about my privacy?
Children’s Online Privacy Protection Act
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. The website is not intended for children and we do not knowingly collect, store or solicit personally identifiable information from website users who are under 13 years of age. If we learn we have collected personal information from a child under 13 years of age, we will delete that information as quickly as possible.
Are there any restrictions in how I use the website?
You shall abide by all applicable local, state, national and international laws and when using the website. You represent, warrant, and agree that you shall not use the website or interact with the website in a manner that:
(i) Attempts, in any manner, to access data not intended for users of the website or attempts to gain unauthorized access to an account, server or any other computer system;
(ii) violates the security of any computer network, or cracks any passwords or security encryption code;
(iii) decompiles, reverse engineers or otherwise attempts to obtain the source code or underlying ideas or information in Istari’s systems or network;
(iv) attempts to interfere with the function of the website, host or network; or
(v) “crawls,” “scrapes,” or “spiders” any page, data, or portion of the website (through use of manual or automated means).
What are my rights on the website?
The materials displayed or performed or available on or through our website, including, but not limited to, text, graphics, data, articles, photos, images, illustrations and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through our website, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Istari Digital’s) rights.
As between you and Istari Digital, you agree and acknowledge that Istari Digital owns and retains all right title and interest in and to the Content.
Subject to these Terms, we grant each user of our website a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using our website. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using our website is expressly prohibited without prior written permission from us. You understand that Istari Digital owns the website. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of our website. Our website may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply. You acknowledge that all Content accessed by you using our website is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through our website is or will continue to be accurate.
In addition, you represent, warrant, and agree that you will not access or use our website for the purpose of creating or developing, or improving, any services or products that compete with or will compete with any of the services offered by Istari Digital.
What else do I need to know?
Warranty Disclaimer. Istari Digital and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Istari Digital and all such parties together, the “Istari Digital Parties”) make no representations or warranties concerning our website, including without limitation regarding any Content contained in or accessed through our website or any subject matter hereof, and the Istari Digital Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through our website or any claims, actions, suits procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in our website. THE WEBSITE AND CONTENT ARE PROVIDED BY ISTARI DIGITAL (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE ISTARI PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE-HUNDRED ($100) DOLLARS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, in any way (by operation of law or otherwise) without Istari Digital’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Venue. These Terms are governed by and will be construed under applicable federal law, and the laws of the state of Delaware, without regard to the conflicts of laws provisions thereof. Exclusive jurisdiction and venue for any action arising under these Terms is in the federal and state courts located in Delaware.
Miscellaneous. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms are found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Istari Digital agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Istari Digital, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Istari Digital, and you do not have any authority of any kind to bind Istari Digital in any respect whatsoever.
Effective Date: January 18, 2023