Policies

Privacy

Information Gathered

In common with other websites, log files are stored on the web servers saving details such as the visitor's IP address, browser type, referring page and time of visit. Web logs are not kept indefinitely... our current policy is to delete logs after 4 days.

We also collect information from users when they interact with our site (for example when a user created an account).

How The Information Is Used

The information we gather is used to enhance the visitor's experience, including (but not limited to) personalizing the website to display information specific to you or display advertising.

Email addresses are never sold, rented, traded or leased to third parties.

Digital Signatures

We employ various digital signatures to track users (for example browser cookies) to help create the best possible experience for all users.

3rd Parties

Our privacy policies only applies to data we collect. We utilize some third party services on this site that may collect data about you. An example of some of the 3rd party companies that we utilize services from are Google, Facebook, Twitter and PayPal. Please refer to their privacy policies for more info.

Account Ownership

Accounts created here are licensed for exclusive use by the individual that created the account (they are not "owned" by anyone). Accounts are never "company accounts" regardless of the account creators affiliation or employment.

Digital Point user accounts may not be used by multiple people, sold or traded and are non-transferable in all ways.

Users may have one account ever.

Changing/Deleting Your Posts

If you would like to edit (or delete) your posts, you can do so within 8 hours of making the post. After that, it is not possible for you to edit or delete the posts you have made here.

By registering at this site, you grant Digital Point non-exclusive rights to publish content (posts, visitor messages, etc.) that you create here.

This is a public venue, a good rule of thumb is to simply not post anything that you don't want people to see.

Changing Another Member's Post

There are two options you have for getting a post altered (or deleted) that was written by another member (contacting moderators/administrators to do it here is not an option you have).

The easiest method is to contact that member directly. They have the ability to edit their own posts for 8 hours after making the post. If the time frame is beyond 8 hours, the original poster can request the post be edited by an administrator (the request may or may not be approved). Generally, if a post does not violate our rules, it doesn't get removed.

The other option would be to execute a legal court order to do so. We will of course abide by any court order issued by a US court.

Note: Before you threaten us with legal action for not allowing you to edit another user's post (we get those threats almost daily), please read this so you can figure out your best course of legal action (and more specifically who you should be suing): http://en.wikipedia.org/wiki/Section_230_of_the_Communications_Decency_Act

Disputes Between Members

We do not have the time (or desire) to babysit members. If there is anyone that you don't get along with, we give you the tools to ignore them. You simply add them to your Ignore List.

Please don't ask to have a member banned simply because you don't get along with them. There are plenty of members that the administrators wouldn't consider friends, but it's not our job to silence members that we don't agree with.

We don't get involved in business disputes between members, but you are welcome to use 3rd party dispute resolution services.

The one time we *will* get involved is when one of the parties requests administrators to mediate a particular deal that they feel they were treated unfairly. The only way we will do this is if the deal was done within Buy/Sell/Trade (private deals will never be mediated) and BOTH parties must be premium members here. We will judge who is at fault and what the parties should do to rectify the situation. If one party does not comply with the result of mediation, their account is subject to infractions and/or suspension.

Username Change

We would prefer you did not change your username (since it can cause confusion with other users), but if you feel you *must* change your username, you may do so for a fee (this cost primarily is a barrier that prevents many people from doing it).

Trademarks

Digital Point, Digitalpoint, Optigold and the Digital Point logo are registered trademarks of Digital Point Solutions.

Please do not register domains that contain any of our trademarks. Doing so will result in your Digital Point account being suspended until you abandon the domain in question.

Subpoenas

If you are involved in a legal matter and you need to obtain private information we have (for example email addresses or IP addresses), you can send us a subpoena issued by a clerk or officer of the court to [subpoena <dash> request <at> digitalpoint.com]. Please attach the subpoena in its entirety as a PDF document.

DMCA Notices

As an online service provider (OSP) of a public forum, we fully comply with with the Digital Millennium Copyright Act (DMCA). Part of the DMCA allows a copyright owner to file a DMCA notice to get copyrighted content removed.

Notice from Copyright Owner

To file a DMCA notice, you may email it to [dmca <dash> notice <at> digitalpoint.com]. This must include the following (failure to include all items will invalidate the takedown notice):

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at this site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to allow us to locate the material.
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, email address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Once we process your DMCA request, the infringing material will be removed and we will notify the user of your DMCA notice.

Counter Notice From User

Any user subject to a DMCA takedown notice is notified and allowed to file a valid counter notice to have their content/material put back up. This notice should include:

1. A physical or electronic signature of the counter-complaining party.
2. Information reasonably sufficient to permit the us to contact the counter-complaining party, such as an address, telephone number, and, email address at which the counter-complaining party may be contacted.
3. Identification of the material that was removed.
4. A statement that the counter-complaining party has a good faith belief that use of the material was taken down unfairly.
5. A statement consenting to the jurisdiction of your local US Federal District Court, or, if outside the US, to the United States District Court for the Southern District of California.

Once we receive a valid counter-notice, we will notify the party who filed the original notice. The original filer of the notice then has 10 business days to file a lawsuit against the user who allegedly infringed upon their copyright and notify us. If a lawsuit is not filed after that time, we will restore the removed material.

Things To Note

• DMCA notices and counter-notices are processed by a human being in the order received. Because of this, there is no exact time frame that your notice will be processed.
• A copyright owner cannot file a DMCA takedown notice if the infringing material was posted by them (when you register for this site, you grant us non-exclusive rights to publish content you post here).
• It is our policy to document all notices of alleged infringement on which we act, including by sending a copy of the notice to one or more third parties or making it available to the public.
• Please note that DMCA notices may only be used for actual copyright infringement (you can't get a post removed because someone talked about you or your company for example).
• IMPORTANT: Misrepresentations made in your notice regarding whether material or activity is infringing may expose you to liability for damages (including costs and attorneys' fees). Courts have found that you must consider copyright defenses, limitations or exceptions before sending a notice. In one case involving online content, a company paid more than $100,000 in costs and attorneys fees after targeting content protected by the U.S. fair use doctrine. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.