Terms of Service
These Terms of Service (“Terms”) derive from the goals and mission of Dignify, and it is our Terms of service that govern our relationship with users and others who interact with Dignify. By using or accessing the Dignify services, you agree to these Terms, as updated from time to time in accordance with Section 9 below.
Because Dignify plans on providing a wide range of Services, we may ask you to review and accept supplemental terms that apply to your interaction with a specific application, product, or service. To the extent those supplemental terms conflict with these Terms, the supplemental terms associated with the application, product, or service govern with respect to your use of such application, product, or service to the extent of the conflict.
Your privacy is very important to us. We designed our Terms to make important disclosures about how you can use Dignify to share with others and how we collect and use your content and information. We encourage you to read these Terms, and to use them to help you make informed decisions.
- Sharing Your Content and Information
Dignify collects your responses and other inputs to a variety of questions and scenarios, and uses its proprietary formulas to provide useful feedback to you regarding your preferences in areas like communication, management, as well as work and interaction styles.
By using the Dignify system, you agree that Dignify has the right to use your responses and other inputs in the Dignify system, and to apply Dignify’s proprietary formulas to your responses and inputs within the scope of Dignify’s services and these Terms of Service. Any results created by applying Dignify’s proprietary formulas to information or responses input by you, or on your behalf, shall be the property of Dignify.
Dignify shall not have an affirmative duty to remove Data you input into the Dignify system, or results created from that Data, even in the event your profile listing or results are no longer accessible by Dignify members.
- For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Dignify (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
- When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
- We always appreciate your feedback or other suggestions about Dignify, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
We do our best to keep Dignify safe, but we cannot guarantee it. We need your help to keep Dignify safe, which includes the following commitments by you:
- You will not post unauthorized commercial communications (such as spam) to Dignify.
- You will not collect users’ content or information, or otherwise access Dignify, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Dignify.
- You will not upload viruses or malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that is hate speech, threatening, or pornographic, incites violence, contains nudity, or graphic or gratuitous violence.
- You will not develop or operate a third-party application containing alcohol-related, dating, or other mature content (including advertisements).
- You will not use Dignify to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of Dignify, such as a denial of service attack or interference with page rending or other Dignify functionality.
- You will not facilitate or encourage any violations of these Terms or our policies.
- Registration and Account Security
Dignify users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account.
- You will not provide any false personal information on Dignify, or create an account for anyone other than yourself without permission.
- You will not create more than one personal account.
- If we disable your account, you will not create another one without our permission.
- You will not use Dignify if you are under 17.
- You will not use Dignify is you are a convicted sex offender.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
- If you select a username or similar identifier for your account, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
- Protecting Other People’s Rights
We respect other people’s rights, and expect you to do the same.
- You will not post or take any action on Dignify that infringes on or violates someone else’s rights or otherwise violates the law.
- We can remove any content or information you post on Dignify if we believe that it violates these Terms or our policies.
- If we remove your content from infringing on someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe on other people’s intellectual property rights, we will disable your account when appropriate.
- You will not use Copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by law or with prior written permission.
- You will not post anyone’s identification documents or sensitive financial information on Dignify.
- Mobile and Other Devices
- If you access Dignify on a mobile device, please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply.
- In the event you change or deactivate your mobile telephone number, you will update your account information on Dignify within 48 hours to ensure messages are not sent to the person who acquires your old number.
- You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Dignify.
If you make a payment on Dignify, you agree to our Payment Terms unless it is stated that other terms apply.
- Payment Terms for credit or debit cards.
If you will be making a payment by credit or debit card, you should be aware that Dignify will be using a third-party credit card processor. Initially, that third party will be Authorize.net, but Dignify reserves the right to change its third-party credit card processor at any time without notice to you.
- Dignify will not receive or retain any of your credit or debit card information. Any credit or debit card information that is received or retained by a third-party credit card processor will be protected by the policies and procedures of that third-party company. The third-party credit card processor will also be responsible for safeguarding your information. If a data breach occurs, and such breach affects your credit or debit card information, the third-party credit card processor will be responsible for all claims and damages you may have. Dignify will assist you in contacting the third-party credit card processor, but otherwise disclaims any responsibility or liability arising from a data breach.
- Payment Terms for credit or debit cards.
- Subscription Cancellation Policy
Dignify subscriptions are for one-year terms, and will automatically renew for an additional one-year term unless you notify us, in writing, at least 48 hours before the annual renewal. Cancellation prior to the end of the term will not entitle you to a refund, nor will it relieve you of the obligation to make monthly payments for the remainder of the term, if you have chosen the monthly payment option.
- Special Provisions Applicable to Software
- If you download or use our software, such as a stand-alone software product, an application, or a browser plugin, you agree that from time to time, the software may download and install upgrades, updates, and additional features from us in order to improve, enhance, and further develop the software.
- You will not modify, create derivative works of, decompile, or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license, or we give you express written permission.
- We’ll notify you before we make changes to these Terms and give you the opportunity to review and comment on the revised Terms before continuing to use our Services.
- If we make changes to policies, guidelines or other terms referenced in or incorporated by these Terms, we may provide notice on the Dignify web page.
- Your continued use of the Dignify Services, following notice of the change to our Terms, policies or guidelines, constitutes your acceptance of our amended Terms, policies, or guidelines.
If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Dignify to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. In such cases, these Terms shall terminate, but the following provisions will still apply: 2(b), 2(d), 3-5, and 11-14.
- You will resolve any claim, cause of action or dispute (claim) you have with us arising out of, or relating to, these Terms or Dignify exclusively in the U.S. District Court for the Eastern District of Wisconsin or a state court located in Brown County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of Wisconsin will govern these Terms, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
- If anyone brings a claim against us related to your actions, content or information of Dignify, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users’ actions on Dignify and are not responsible for the content or information you may encounter on Dignify. We are not responsible for the conduct, whether online or offline, of any user of Dignify.
- WE TRY TO KEEP DIGNIFY UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING DIGNIFY AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT DIGNIFY WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT DIGNIFY WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. DIGNIFY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE ALSO MAKE NO WARRANTY REGARDING THE DATA OR THE RESULTS GENERATED BY DIGNIFY, AND WE ARE NOT RESPONSIBLE FOR THAT DATA OR THOSE RESULTS OR FOR ANY DECISION YOU MAY MAKE OR ACTION YOU MAY TAKE IN RELIANCE ON THAT DATA OR THOSE RESULTS. WE ARE NOT RESPONSIBLE FOR ANY COMPLAINTS, LAWSUITS, INVESTIGATIONS, ACTIONS, ALLEGATIONS, JUDGMENTS, DAMAGES, LOSSES, OR OTHER CLAIMS ARISING OUT OF YOUR USE OF, OR RELIANCE ON, DIGNIFY THAT MAY BE RAISED AGAINST YOU BY ANY PERSON. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1546, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXCECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF DIGNIFY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OF DIGNIFY WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITOR OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, DIGNIFY’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- By “Dignify” or “Dignify Services” we mean the features and services we make available, including through (i) our website and other Dignify branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions; (ii) our Platform; (iii) other media, brands, products, services, software (such as a toolbar), devices, or networks now existing or later developed. Dignify reserves the right to designate, in its sole discretion, that certain aspects of our brands, products, or services are governed by separate terms and not these Terms.
- By “Platform” we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Dignify and provide data to us.
- By “Information” we mean any facts and other information about you, including actions taken by users and non-users who interact with Dignify.
- By “Content” we mean anything you or other users post, provide, or share using Dignify Services.
- By “Data” or “User Data” or “User’s Data” we mean any data, including a user’s content or information that you or third parties can retrieve from Dignify or provide to Dignify through the Platform.
- By “Post” we mean to provide to or post on Dignify or otherwise make available by using Dignify.
- By “Application” we mean any application or website that uses or accesses the Platform, as well as anything else that receives, or has received, data from us. If you no longer access the Platform but have not deleted all data from us, the term “Application” will apply until you delete the data.
- By “Trademarks” we mean any trademark registered with any state or national government, or otherwise protected by applicable laws.
- These Terms make up the entire agreement between the parties regarding Dignify, and supersedes any prior agreements.
- If any portion of these Terms are found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of these Terms, it will not be considered a waiver.
- Any amendment or waiver of these Terms must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
- All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in these Terms shall prevent us from complying with the law.
- These Terms do not confer any third party beneficiary rights.
- We reserve all rights not expressly granted to you.
- You will comply with all applicable laws when using or accessing Dignify.