These Terms of Use (the “Terms”) form a binding agreement between you and The Digital Weekly (“we,” “us,” “our”) and govern your access to and use of thedigitalweekly.com, its newsletter, and related services (collectively, the “Services”).
By accessing or using the Services, you agree to be bound by these Terms. If you do not agree, do not use the Services. Please read carefully — they include limitations on our liability and your rights, including dispute-resolution provisions.
1. Eligibility and account terms
You may use the Services only if you can form a binding contract with us. You must be at least 13 years old (or 16 if you are in the European Economic Area or UK) to use the Services. By using the Services, you represent and warrant that you meet these eligibility requirements.
If we offer account-based features in the future, you agree to provide accurate registration information, keep your account credentials secure, and notify us immediately of any unauthorized use of your account. You are responsible for all activities under your account.
2. Content ownership and license to you
All content on the Services — including articles, photographs, illustrations, video, audio, graphics, logos, design elements, and software — is owned by The Digital Weekly or licensed to us. It is protected by copyright, trademark, and other intellectual-property laws.
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial purposes. This license includes the right to:
- Read articles on the Services on your own devices
- Share links to articles via social media, email, and other personal channels
- Quote brief excerpts (typically fewer than 200 words) with proper attribution and a link back to the original
- Print individual articles for personal reference
- Subscribe to and receive our newsletters
This license does not include the right to:
- Republish, syndicate, or commercially redistribute our content
- Use our content to train AI models without our written permission
- Use our trademarks, logos, or branding to suggest endorsement or affiliation
- Modify, adapt, or create derivative works from our content
- Scrape, crawl, or systematically extract content beyond what is permitted by our robots.txt
- Use our content in any way that competes with our Services
3. Prohibited conduct
You agree not to:
- Use the Services for any illegal purpose or in violation of any applicable law
- Upload, transmit, or distribute any content that is unlawful, defamatory, harassing, infringing, fraudulent, or harmful
- Impersonate any person or entity or misrepresent your affiliation
- Interfere with or disrupt the Services, including by introducing malware, conducting denial-of-service attacks, or attempting to gain unauthorized access
- Scrape, crawl, or harvest data from the Services using automated means that violate our robots.txt or impose unreasonable load
- Use the Services to train artificial intelligence or machine learning models without our prior written consent
- Use the Services to send spam or unsolicited communications
- Bypass technical measures we use to protect the Services
- Reverse engineer, decompile, or disassemble any software comprising the Services
- Frame, mirror, or deep-link the Services in ways that obscure attribution
- Collect personal information about other users without their consent
- Use our trademarks or branding to imply endorsement, sponsorship, or partnership without our consent
Violation of these prohibitions may result in immediate termination of your access and potential legal action.
4. User-generated content
If you submit content to the Services — including comments, tips, contributor submissions, reviews, social-media posts using our hashtags — you grant us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, copy, modify, distribute, publish, and display that content in connection with the Services.
You represent and warrant that:
- You own or have obtained all rights necessary to grant this license
- Your content does not infringe any third party’s rights
- Your content does not violate any law or these Terms
- Your content is accurate and not misleading
We reserve the right (but not the obligation) to monitor, moderate, edit, or remove user-generated content at our sole discretion.
5. AI training prohibition
You agree that you will not use any content from the Services to train, develop, or improve any artificial intelligence model, large language model, machine learning system, or similar technology without our prior written consent. This applies whether you access content through normal use of the Services or through automated means.
If you operate an AI training operation and wish to license our content, contact legal@thedigitalweekly.com.
6. Third-party content and links
The Services may contain links to third-party websites, products, or services. We do not control and are not responsible for the content, accuracy, or practices of third-party sites. Inclusion of a link does not imply endorsement.
7. Disclaimers
THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.
We make no representations or warranties about:
- The accuracy, reliability, completeness, or timeliness of any content
- That the Services will be uninterrupted, error-free, or secure
- That defects will be corrected
- That the Services or any servers are free of viruses or harmful components
Nothing on the Services constitutes professional advice (financial, legal, medical, tax, or otherwise). For the full disclaimer, see our Disclaimer.
8. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE DIGITAL WEEKLY OR ITS DIRECTORS, EMPLOYEES, CONTRIBUTORS, OR AFFILIATES BE LIABLE FOR:
- Any indirect, incidental, special, consequential, exemplary, or punitive damages
- Any loss of profits, revenue, data, use, goodwill, or other intangible losses
- Any damages resulting from unauthorized access to or alteration of your transmissions or data
- Any damages arising from your use of or inability to use the Services
- Any damages arising from third-party conduct or content
Our total cumulative liability for any claim arising from or related to the Services shall not exceed the greater of (a) the amount you paid us in the 12 months preceding the claim, or (b) USD $100.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
9. Indemnification
You agree to indemnify, defend, and hold harmless The Digital Weekly and its directors, employees, contributors, and affiliates from and against any claims, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising from or related to:
- Your violation of these Terms
- Your use of the Services
- Your violation of any third-party right
- Any content you submit to the Services
10. Termination
We may suspend or terminate your access to the Services at any time, with or without notice, for any reason — including violation of these Terms. Upon termination, your license to use the Services ends immediately.
Provisions that by their nature survive termination — including intellectual property, disclaimers, indemnification, limitation of liability, and dispute resolution — continue to apply after termination.
11. Dispute resolution
Informal resolution first
Before filing any formal claim, you agree to first contact us in writing at legal@thedigitalweekly.com and attempt to resolve the dispute informally. We agree to consider your message in good faith for at least 30 days before either party initiates formal proceedings.
Governing law
These Terms are governed by the laws of the jurisdiction in which The Digital Weekly is incorporated, without regard to its conflicts-of-law principles. The choice-of-law provision does not deprive consumers of mandatory protections under the laws of their home country.
Venue
Subject to the Class Action Waiver and the Mandatory Arbitration provisions below (where applicable to you), you and The Digital Weekly agree that disputes shall be resolved exclusively in the courts of that jurisdiction. Each party consents to personal jurisdiction in those courts.
Mandatory arbitration (US residents)
If you are a US resident, you and The Digital Weekly agree that disputes arising from or related to these Terms or the Services shall be resolved through binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration shall be held in the city nearest to the user, conducted in English. Either party may seek injunctive relief in court without waiving this arbitration provision.
Class action waiver
You and The Digital Weekly agree that disputes shall be brought only on an individual basis, not as a class, collective, or representative action. The arbitrator may not consolidate claims or preside over a class action.
Exception for IP claims
Notwithstanding the above, either party may pursue claims for infringement of intellectual property rights in court rather than arbitration.
12. Changes to these Terms
We may modify these Terms at any time. Material changes are announced via:
- A notice on the Services
- An email to registered users (if any) and newsletter subscribers
- The “Last updated” date at the top of this page
Continued use of the Services after material changes constitutes acceptance of the new Terms. If you do not agree to a change, you must discontinue use of the Services.
13. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force.
14. Entire agreement
These Terms, together with our Privacy Policy, Cookie Policy, and any other policies referenced herein, constitute the entire agreement between you and The Digital Weekly regarding the Services. They supersede any prior agreements on the same subject matter.
15. Assignment
You may not assign or transfer your rights under these Terms without our prior written consent. We may assign these Terms freely. Any attempted assignment in violation of this section is void.
16. Notices
We may provide notices to you through the Services, by email (if you’ve provided one), or by other reasonable means. You may provide notice to us at legal@thedigitalweekly.com.
17. Force majeure
We are not liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.
18. Headings and interpretation
Section headings are for convenience only and have no legal effect. The use of “including” is illustrative, not limiting. References to applicable laws include their successors or replacements.
Contact
Legal correspondence regarding these Terms: legal@thedigitalweekly.com