Terms of Service.
The terms governing access to and use of digitalage.com and the company's products, applications, and services. Digitalage, Inc. is a subsidiary of Hop-on, Inc. (OTCID: HPNN).
Digitalage, Inc. ("Digitalage," "Company," "we," "us," or "our"), a subsidiary of Hop-on, Inc. (OTCID: HPNN), operates digitalage.com and related web properties, applications, players, embeds, application programming interfaces, software development kits, creator tools, partner tools, administrative consoles, streaming and video-on-demand features, creator cohort and library licensing forms, investor-information and public-record pages, embedded media, contact forms, and related content, features, and services (collectively, the "Service").
These Terms of Service (the "Terms") govern your access to and use of the Service. By accessing, browsing, registering for, streaming from, uploading to, submitting information to, or otherwise using the Service in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and by all policies incorporated herein by reference, including our Privacy Policy, DMCA/Copyright Policy, Trademark Policy, and Forward-Looking Statements Disclosure.
IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SERVICE AND MUST IMMEDIATELY DISCONTINUE ALL USE. THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT, A CLASS, COLLECTIVE, REPRESENTATIVE, AND MASS ACTION WAIVER, A JURY TRIAL WAIVER, AND A ONE-YEAR LIMITATIONS PERIOD. PLEASE REVIEW SECTION 24 CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS.
1. Binding agreement
These Terms constitute a binding legal agreement between you and Digitalage. They apply to all visitors, users, account holders, creators, partners, licensees, advertisers, subscribers, applicants, and other persons or entities that access or use any portion of the Service.
If you access or use the Service on behalf of any entity, organization, government body, or other person, you represent and warrant that (a) you have full legal authority to bind that entity to these Terms; (b) you have read and understood these Terms; and (c) you agree to these Terms on behalf of that entity. In such case, the words "you" and "your" refer to both you individually and that entity.
Digitalage may modify, update, replace, or supplement these Terms at any time in its sole discretion. The Company will indicate the date of the most recent revision in the "Last Updated" notice above. Where appropriate, the Company may provide additional notice of material changes through the Service, by email, or by other reasonable means. Your continued access to or use of the Service after revised Terms take effect constitutes your acceptance of the revised Terms. You are responsible for reviewing these Terms periodically.
2. Eligibility, export controls, and sanctions
To access or use the Service, you must be at least eighteen (18) years of age, or the age of majority in your jurisdiction of residence, whichever is greater. By accessing or using the Service, you represent and warrant that:
- You meet the foregoing age requirement and have the legal capacity, right, and authority to enter into and perform these Terms;
- You are not barred or restricted from accessing or using the Service under the laws of the United States, your jurisdiction of residence, or any other applicable jurisdiction;
- You are not located in, organized under the laws of, or ordinarily resident in any country, region, or territory subject to comprehensive sanctions administered by the United States Government, including without limitation the Office of Foreign Assets Control (OFAC), the U.S. Department of Commerce, or the U.S. Department of State;
- You are not identified on any sanctions, denied-party, debarred-party, or restricted-party list maintained by the U.S. Government (including OFAC's Specially Designated Nationals and Blocked Persons List and the Department of Commerce's Entity List and Denied Persons List), the United Nations, the European Union, the United Kingdom, or any other applicable jurisdiction; and
- You will not use the Service in violation of any applicable export, re-export, sanctions, anti-boycott, or import-control law or regulation, and you will not export, re-export, or transfer, directly or indirectly, any portion of the Service or any related technical data to any prohibited destination or person.
Digitalage may refuse to provide the Service to any person or entity, may change eligibility criteria at any time, and may terminate accounts or restrict access where the Company determines, in its sole discretion, that continued provision of the Service would violate applicable law or these Terms.
3. Corporate and securities disclosures
3.1 Corporate structure
Digitalage, Inc. is a subsidiary of Hop-on, Inc. (OTCID: HPNN). Information published on or through the Service regarding Hop-on, Inc., Digitalage, their affiliates, products, technologies, milestones, partnerships, financings, or operations is provided solely for informational, marketing, product, creator, partner, investor-information, and public-record purposes.
3.2 No offer; no solicitation; no advice
Nothing on or accessible through the Service constitutes, or shall be construed as, (a) an offer to sell or a solicitation of an offer to buy any securities of Hop-on, Inc., Digitalage, or any other entity; (b) investment, legal, tax, accounting, financial, or other professional advice; (c) a recommendation to purchase, sell, hold, or transact in any security, commodity, digital asset, or financial instrument; or (d) a financing commitment, partnership commitment, employment offer, agency relationship, customer relationship, vendor relationship, advisory relationship, fiduciary relationship, or other legal obligation. No content, communication, or interaction on the Service forms the basis of any contract or commitment beyond these Terms and any other written agreement signed by an authorized officer of Digitalage.
3.3 Reliance on official disclosures
Any investment decision concerning Hop-on, Inc. or its securities must be based exclusively on Hop-on, Inc.'s official public disclosures, OTC Markets disclosures, press releases distributed through recognized newswire services, regulatory filings, and other authorized company communications, and not solely on the Service or any portion thereof. The Service is not, and is not intended to be, an official disclosure document.
3.4 Forward-looking statements
The Service may contain forward-looking statements within the meaning of Section 27A of the Securities Act of 1933 and Section 21E of the Securities Exchange Act of 1934, including statements relating to product development, operating milestones, app review and approval timelines, creator onboarding, commercialization plans, technology development, strategic relationships, revenue opportunities, financing plans, market opportunities, and financial projections. Forward-looking statements are based on current expectations, estimates, assumptions, and beliefs and are subject to inherent risks, uncertainties, market conditions, and changes in circumstances that may cause actual results, performance, or achievements to differ materially from those expressed or implied. Words such as "may," "will," "expect," "intend," "plan," "anticipate," "believe," "estimate," "project," "target," "forecast," and similar expressions identify forward-looking statements. Digitalage and Hop-on, Inc. undertake no obligation to update, revise, or correct any forward-looking statement, whether as a result of new information, future events, or otherwise, except as required by applicable law.
4. Accounts and registration
Certain features of the Service require registration of an account. When you register, you agree to (a) provide accurate, current, and complete information; (b) maintain and promptly update your account information; (c) maintain the strict security and confidentiality of your account credentials, including usernames, passwords, multi-factor tokens, and any device or session identifiers; (d) promptly notify Digitalage of any unauthorized access to, or any actual or suspected breach of, your account; and (e) accept full responsibility for all activities that occur under your account, whether or not authorized by you.
You may not share your account credentials, transfer your account to any other person, sell, lease, license, or assign your account, or permit any other person to access the Service through your account, except as expressly authorized by Digitalage in writing. Digitalage may, in its sole discretion, monitor, suspend, restrict, or terminate any account that shows signs of credential sharing, fraudulent activity, automated access, botting, scraping, circumvention of technical controls, or other prohibited conduct, in each case without liability to you.
5. Paid services, subscriptions, billing, and taxes
Certain features, content, channels, libraries, creator tools, partner tools, licenses, applications, and services available through the Service may require payment, subscription, license fees, transaction fees, revenue shares, or other consideration (collectively, "Paid Services"). The specific terms applicable to any Paid Service, including price, billing frequency, trial period, renewal, cancellation policy, refund policy, taxes, and processor terms, will be presented to you at the point of purchase, in your account settings, or in a separate order form, creator agreement, partner agreement, or license agreement (each, an "Order Document"). The applicable Order Document is incorporated into and forms part of these Terms.
5.1 Authorization
By providing a payment method and purchasing a Paid Service, you represent and warrant that you are authorized to use the payment method, and you authorize Digitalage and its third-party payment processors to charge the applicable fees, taxes, surcharges, and other amounts (including any auto-renewal charges) to the designated payment method.
5.2 Automatic renewal and cancellation
Unless otherwise specified in the applicable Order Document, subscriptions automatically renew for successive periods of the same length at the then-current rate, including any applicable taxes, until cancelled. You may cancel a subscription at any time through the cancellation mechanism made available in your account or as otherwise required by applicable law. Cancellation will take effect at the end of the then-current billing period, and you will retain access to the Paid Service through the end of that period. Where required by applicable law, including California's Automatic Renewal Law and the federal Restore Online Shoppers' Confidence Act (ROSCA), Digitalage will provide clear and conspicuous disclosures, affirmative consent, and reasonable cancellation procedures, and will provide notice of material renewal terms and material price changes.
5.3 Price changes
Digitalage may change pricing for any Paid Service at any time. Material price changes will apply to subsequent billing periods following reasonable advance notice provided in accordance with applicable law. Your continued use of the Paid Service after a price change takes effect constitutes acceptance of the new price.
5.4 Taxes
Fees for Paid Services are exclusive of all applicable sales, use, value added, goods and services, withholding, excise, and similar taxes, duties, levies, and governmental charges (collectively, "Taxes"), other than taxes on Digitalage's net income. You are responsible for paying all Taxes associated with your use of the Paid Services. Where Digitalage is required to collect Taxes, the applicable Taxes will be added to the charges and collected through your payment method.
5.5 Chargebacks and payment disputes
If you believe a charge is incorrect, you must contact Digitalage in writing within sixty (60) days of the charge to resolve the issue before initiating any chargeback, payment dispute, or reversal with your card issuer, bank, or payment processor. Initiating a chargeback or payment dispute without first contacting Digitalage to resolve the issue constitutes a material breach of these Terms and may result in immediate suspension or termination of your account, forfeiture of access to purchased Paid Services, and pursuit of all available legal remedies. Nothing in this Section limits any non-waivable consumer rights under applicable law.
5.6 No refunds
Except where strictly required by applicable law or expressly stated in the applicable Order Document, all payments are non-refundable, and no refunds or credits will be provided for partial subscription periods, unused content, unused features, or service interruptions.
5.7 Payment processors
Payments may be processed by third-party payment processors. Your use of a payment processor is subject to that processor's separate terms and privacy policy. Digitalage is not responsible for the acts or omissions of any payment processor.
6. Streaming, video-on-demand, content access, technical requirements, and digital rights management
The Service is designed to deliver live, on-demand, and stateful media content, including video, audio, images, text, graphics, data, metadata, captions, embedded streams, and interactive elements (collectively, "Content").
6.1 License to access content
All Content is licensed, not sold. Subject to your strict compliance with these Terms and payment of all applicable fees, Digitalage grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and stream Content made available to you through the Service solely for your personal, non-commercial use, on supported devices, within the geographic regions where the applicable Content is authorized to be made available, and for the duration of the applicable license.
6.2 Restrictions on content
You may not, and you may not permit, authorize, encourage, or assist any other person to: download, copy, capture, record, photograph, screenshot, stream-rip, retransmit, rebroadcast, publicly perform, publicly display, redistribute, sublicense, sell, lease, modify, reformat, decompile, reverse engineer, create derivative works from, or commercially exploit any Content; remove, alter, conceal, obscure, or interfere with any watermark, fingerprint, metadata, copyright notice, trademark notice, attribution, or other proprietary notice or rights-management information embedded in or accompanying any Content; or use any Content to develop, train, test, fine-tune, evaluate, benchmark, or improve any artificial intelligence, machine learning, generative, or other automated system, except in each case as Digitalage has expressly enabled and authorized through a specific product feature or a separate signed written agreement.
6.3 Geographic restrictions and anti-circumvention
Content availability may vary by country, region, device, platform, network, language, or other factor. You may not use any virtual private network (VPN), proxy, IP-masking technology, location-spoofing service, anonymizer, tunneling protocol, modified device, jailbroken or rooted device, or other technical means to circumvent geographic, device-based, account-based, session-based, concurrency-based, or other access-control restrictions, or to access Content from a region or device for which it has not been authorized.
6.4 Digital rights management and technical protection measures
The Service employs digital rights management ("DRM"), encryption, watermarking, fingerprinting, geofencing, device authentication, session controls, concurrency limits, device limits, secure delivery, secure playback, and other technical protection measures (collectively, "TPMs") to protect the security, integrity, and rights associated with the Service and the Content. You may not, and you may not permit any person to, disable, bypass, circumvent, remove, alter, modify, deactivate, degrade, impair, or interfere with any TPM, or attempt to do so. Any such act is a material breach of these Terms and a violation of applicable law, including the anti-circumvention provisions of 17 U.S.C. § 1201.
6.5 No service-quality guarantee
Digitalage does not guarantee that the Service or any Content will be uninterrupted, error-free, free from buffering, latency, dropped frames, or resolution changes, or available at any particular bitrate, frame rate, codec, resolution, audio quality, language, caption track, region, device, network condition, or uptime level. The Service may be modified, suspended, restricted, or discontinued at any time, in whole or in part, without liability to you.
7. User content
The Service may permit you to upload, post, transmit, stream, broadcast, embed, link to, or otherwise make available text, images, video, audio, graphics, comments, metadata, software, and other materials (collectively, "User Content").
7.1 Responsibility
You are solely responsible for your User Content, including its legality, accuracy, originality, ownership, licensing, rights clearances, consents, releases, and appropriateness. Digitalage does not endorse, verify, or pre-screen User Content and assumes no liability for User Content.
7.2 Required rights and clearances
You represent and warrant that you own all rights in your User Content, or that you have obtained all rights, licenses, releases, permissions, consents, and clearances required to grant the licenses set forth in these Terms and to make the User Content available through the Service, including (without limitation) rights in any underlying musical works, sound recordings, master recordings, synchronization rights, mechanical rights, public performance rights, footage, still images, photographs, artwork, talent appearances, voiceovers, on-camera performances, names, likenesses, trademarks, service marks, trade dress, brand assets, sponsor identifications, and any privacy, publicity, moral, attribution, integrity, or confidentiality rights of any person.
7.3 License grant to Digitalage
You grant Digitalage and its affiliates, successors, sublicensees, service providers, and authorized partners a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid, transferable, sublicensable (through multiple tiers) license to host, store, cache, index, reproduce, transmit, transcode, reformat, adapt, modify, edit, translate, distribute, publicly perform, publicly display, create derivative works of, promote, market, advertise, secure, protect, operate, maintain, monitor, analyze, improve, and otherwise use your User Content, in any and all media now known or later developed, for the purpose of providing, operating, securing, promoting, protecting, and improving the Service and Digitalage's business. This license includes the right to use your name, username, voice, likeness, biographical information, and trademarks in connection with the Service to the extent included in your User Content or otherwise reasonably required for operation of the Service.
7.4 No obligation to preserve
Digitalage has no obligation to store, preserve, back up, maintain, archive, return, restore, or make available any User Content. You are solely responsible for maintaining your own copies and backups of your User Content. Digitalage may, in its sole discretion and without notice, refuse, remove, restrict, demonetize, age-gate, label, suspend, or delete any User Content.
8. Inquiry submissions and feedback
From time to time, Digitalage may invite or permit you to submit applications, inquiries, proposals, ideas, suggestions, comments, materials, or other information through the Service, including without limitation Creator Cohort applications, Library Licensing inquiries, Newsroom OS early-access requests, partner inquiries, business development inquiries, investor-information inquiries, contact-form submissions, and general feedback (collectively, "Submissions").
8.1 Non-confidential; no relationship
All Submissions are made on a non-confidential, non-proprietary basis. The making, transmission, receipt, review, or any use of any Submission does not create, and shall not be construed as creating, any confidential, fiduciary, employment, agency, partnership, joint venture, investment, financing, advisory, representative, customer, vendor, licensor, licensee, broker, dealer, or other contractual or business relationship between you and Digitalage, except pursuant to a separate written agreement signed by an authorized officer of Digitalage. Digitalage has no obligation to review, respond to, evaluate, develop, or use any Submission and may delete, ignore, refuse, or retain any Submission in its sole discretion.
8.2 License and assignment of feedback
You grant Digitalage a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, perform, and exploit any Submission in any form and for any purpose, without compensation, attribution, credit, confidentiality, review, approval, or obligation to avoid the development of similar or competing products, services, features, or content. To the maximum extent permitted by law, you irrevocably assign to Digitalage all right, title, and interest, including all intellectual property rights, in and to any feedback, suggestions, ideas, recommendations, or other information you provide to Digitalage regarding the Service or any of its products, features, content, technologies, or operations, and you waive any moral rights or rights of attribution or integrity therein.
8.3 Representations regarding Submissions
You represent and warrant that (a) your Submissions are your own original work or that you have all rights necessary to grant the licenses and assignment in this Section; (b) your Submissions do not violate any law, contract, or third-party right; and (c) the information you provide in any Submission is accurate, current, and complete.
9. Strict prohibition on AI training, scraping, crawling, data extraction, and automated access
To protect the security, integrity, and intellectual property of the Service, Digitalage, Hop-on, Inc., creators, licensors, and users, Digitalage strictly prohibits the activities described in this Section. The prohibitions in this Section are independent contractual restrictions and apply regardless of whether the underlying use would, or might otherwise, qualify as fair use under copyright law or any analogous doctrine, exception, or limitation in any jurisdiction.
9.1 Prohibited automated and extractive activities
You may not, and you may not authorize, enable, encourage, or assist any person, system, agent, contractor, or affiliate to:
- Access, copy, index, scrape, crawl, harvest, monitor, mine, ingest, download, mirror, archive, cache, replicate, extract, or collect any portion of the Service, Content, Digitalage Materials (as defined below), User Content, metadata, captions, transcripts, streams, embeds, application programming interfaces, page source, product descriptions, category language, taxonomies, user interface, design, or site structure, by use of any robot, spider, scraper, crawler, headless browser, data-mining tool, screen-scraper, automated system, software agent, or other automated or manual means;
- Use any portion of the Service or any of the foregoing as an input, training corpus, fine-tuning corpus, evaluation corpus, retrieval-augmented generation source, embedding source, vector database, dataset, prompt, reference, or output target for any artificial intelligence, machine learning, generative, predictive, recommendation, computer vision, natural language, speech, audio, video, or other automated system, model, algorithm, pipeline, or service, including without limitation large language models, foundation models, multimodal models, diffusion models, agentic systems, and analogous technologies;
- Aggregate, compile, repackage, redistribute, license, or commercialize any portion of the Service or any of the foregoing, whether in the form of datasets, embeddings, indices, summaries, derivative works, model weights, training artifacts, or any other form;
- Use the Service in any manner that imposes an unreasonable or disproportionate load on Digitalage's systems, networks, or infrastructure, or that interferes with the proper functioning of the Service for other users; or
- Circumvent, disable, interfere with, or attempt to circumvent, disable, or interfere with any rate-limiting, access-control, anti-bot, anti-scraping, authentication, technical-protection, or rights-management mechanism.
9.2 Material breach; remedies
Any violation of this Section 9 constitutes a material breach of these Terms and a material misappropriation of Digitalage's rights and property, and entitles Digitalage to immediately suspend or terminate your access to the Service; pursue actual, statutory, consequential, and punitive damages; obtain disgorgement of profits, fees, royalties, and other benefits derived from the breach; seek temporary, preliminary, and permanent injunctive relief in any court of competent jurisdiction (in addition to any arbitration); recover its reasonable attorneys' fees, expert fees, and costs; and pursue any other remedy available at law or in equity. Digitalage expressly reserves the right to identify, investigate, and pursue any person or entity that violates this Section, including by issuing legal demands, subpoenas, and notices to upstream providers, hosting providers, model operators, and dataset publishers.
10. AI-generated, manipulated, synthetic, and deepfake content
If any User Content or Submission you make available through the Service consists in whole or in part of content that is artificially generated, manipulated, synthesized, modified, or augmented by an artificial intelligence, machine learning, or other automated system, including (without limitation) deepfakes, voice clones, face swaps, synthetic likenesses, mimicked persons, synthetic events, synthetic environments, manipulated news-like content, AI-generated public-interest text, or AI-generated still or moving images, you must clearly and conspicuously disclose that fact at the time of upload, submission, or transmission, using any disclosure or labeling mechanisms made available by Digitalage.
You are solely responsible for ensuring that your User Content and Submissions comply with all applicable laws and regulations governing AI-generated and manipulated content, including (without limitation) the European Union Artificial Intelligence Act (Regulation (EU) 2024/1689) and applicable California AI transparency and synthetic-content laws. Digitalage does not undertake, and does not assume responsibility for, any obligation to determine whether content is AI-generated or manipulated. Digitalage reserves the right, in its sole discretion and without liability, to require additional disclosures, apply labels, restrict access, age-gate, demonetize, remove, or otherwise act with respect to any User Content or Submission that Digitalage determines may be artificially generated, manipulated, or non-compliant with applicable law or platform policies.
11. Prohibited conduct
Without limiting any other restriction in these Terms, you agree that you will not, and will not permit, authorize, or assist any other person to, use the Service to:
- Violate any applicable local, state, national, or international law, rule, regulation, ordinance, sanctions program, or court order;
- Infringe, misappropriate, dilute, or violate any intellectual property, privacy, publicity, contractual, moral, or other right of Digitalage, Hop-on, Inc., any affiliate, any user, any creator, any licensor, any service provider, or any other person or entity;
- Upload, transmit, distribute, display, post, host, link to, or otherwise make available any content that is unlawful, threatening, harassing, abusive, defamatory, libelous, fraudulent, deceptive, obscene, pornographic, sexually explicit, child sexual abuse material, hateful, discriminatory, harmful to minors, violent, terroristic, extremist, glorifying or promoting self-harm, or invasive of privacy;
- Impersonate any person or entity, falsely state or misrepresent your identity, age, affiliation, or qualifications, or use the name, likeness, biographical information, voice, or persona of any person without authorization;
- Engage in unsolicited commercial communications, spam, phishing, social engineering, pyramid schemes, multi-level marketing, deceptive advertising, or fraudulent solicitations;
- Introduce, distribute, or facilitate the distribution of any virus, worm, trojan, ransomware, spyware, keylogger, rootkit, scareware, malicious code, harmful component, or other software or content designed to interfere with, disrupt, damage, disable, overburden, impair, or compromise any system, network, service, or data;
- Attempt to gain unauthorized access to, probe, scan, test the vulnerability of, or breach the security or authentication measures of, the Service, any account, or any system, network, server, or database connected to the Service;
- Use the Service for benchmarking, competitive analysis, or to develop, support, or assist any product or service that competes with the Service, except as expressly permitted by applicable law and not subject to contractual override;
- Frame, mirror, embed, retransmit, republish, or commercially exploit any portion of the Service without prior written authorization;
- Remove, obscure, or alter any notice of copyright, trademark, patent, attribution, terms, or other proprietary right; or
- Engage in any conduct that, in Digitalage's reasonable judgment, harms or is likely to harm Digitalage, Hop-on, Inc., any affiliate, any user, any creator, any licensor, any service provider, the reputation, business, technology, systems, data, operations, or security of any of the foregoing, or the integrity of the Service.
12. Intellectual property rights
12.1 Digitalage materials
All elements of the Service, including without limitation text, graphics, logos, icons, images, audio, video, software, source code, object code, schemas, data structures, application programming interfaces, models, algorithms, machine learning models, training and tuning artifacts, user interface, design, look and feel, trade dress, product names, service names, category language, platform nomenclature, taxonomies, positioning frameworks, architecture descriptions, technical documentation, technical specifications, marketing materials, and the selection, coordination, arrangement, organization, and compilation thereof (collectively, the "Digitalage Materials") are and shall remain the exclusive property of Digitalage, Hop-on, Inc., or their respective licensors, and are protected by United States and international copyright, trademark, patent, trade secret, database, sui generis, and other intellectual property and proprietary laws.
12.2 Proprietary category language and platform nomenclature
Without limiting Section 12.1, the terms "Digitalage," "OOVE," "Stateful Media Infrastructure," "Newsroom OS," and other related product names, service names, category language, platform nomenclature, slogans, positioning frameworks, and proprietary terminology used on or in connection with the Service constitute proprietary intellectual property and protectable trade dress of Digitalage or Hop-on, Inc. Unauthorized use, reproduction, distribution, imitation, dilution, or commercial exploitation of any of the foregoing is strictly prohibited.
12.3 Limited license
Subject to your strict compliance with these Terms, Digitalage grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view the Service and the Digitalage Materials solely for your lawful, personal, internal, and non-commercial use, and only as expressly permitted by the functionality of the Service. No other license, right, or interest in or to the Service or the Digitalage Materials is granted to you, whether by implication, estoppel, or otherwise. All rights not expressly granted are reserved.
12.4 No transfer of ownership
These Terms do not transfer any ownership of, or any right, title, or interest in, the Service, the Digitalage Materials, or any portion thereof to you or to any person.
13. Trademark rights and brand use
Digitalage owns and reserves all rights in its trademarks, service marks, logos, trade names, taglines, slogans, product names, service names, category language, platform nomenclature, and trade dress (collectively, the "Digitalage Marks"), including without limitation "DIGITALAGE," "DIGITALAGE, INC.," "OOVE," "Stateful Media Infrastructure," and "Newsroom OS," whether or not registered. You may not, without Digitalage's prior written consent, use any Digitalage Mark, or any mark confusingly similar thereto, in any:
- Domain name, subdomain, URL, or vanity URL;
- Company name, doing-business-as designation, social media handle, account name, profile name, or display name;
- Search engine optimization, search engine marketing, paid search, keyword bidding, meta tag, alt tag, hidden text, comparative advertising keyword, source code, or markup;
- Commercial product, service, packaging, label, advertisement, promotion, sponsorship, endorsement, merchandise, or marketing material;
- Use that is likely to cause confusion, mistake, deception, dilution, tarnishment, or implied affiliation, endorsement, sponsorship, partnership, certification, or approval; or
- Use that disparages, defames, or harms the goodwill or reputation of Digitalage, Hop-on, Inc., or any affiliate.
Any nominative or descriptive use of the Digitalage Marks must be accurate, non-misleading, limited to what is reasonably necessary to identify the Service, must include appropriate attribution, and must not suggest sponsorship, endorsement, affiliation, or approval where none exists. Additional terms governing the use of the Digitalage Marks are set forth in the Digitalage Trademark Policy, incorporated into these Terms by reference.
14. DMCA and copyright policy
Digitalage respects the intellectual property rights of others and expects users of the Service to do the same. Digitalage maintains and reasonably implements a written policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers, consistent with the requirements of 17 U.S.C. § 512(i). Additional details and procedures are set forth in the Digitalage DMCA/Copyright Policy, which is incorporated into these Terms by reference.
14.1 Designated agent
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512, Digitalage has designated an agent to receive notifications of claimed copyright infringement. The current contact information for Digitalage's designated DMCA agent is:
Digitalage, Inc.
Attn: DMCA Agent, Legal Department
31938 Temecula Parkway, Suite A323
Temecula, CA 92592
Email: [email protected]
Phone: +1-949-856-9008
14.2 Notice of claimed infringement
If you believe that material accessible on or through the Service infringes a copyright that you own or are authorized to act on behalf of, you may submit a written notification to Digitalage's designated agent that includes the elements required by 17 U.S.C. § 512(c)(3)(A), including: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or a representative list of such works; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit Digitalage to locate the material, including the exact URL or other location; (d) information reasonably sufficient to permit Digitalage to contact the complaining party, including a name, address, telephone number, and email address; (e) 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; and (f) 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 the exclusive right that is allegedly infringed. Upon receipt of a valid notification, Digitalage will respond expeditiously in accordance with applicable law.
14.3 Counter-notification
If you believe that material you posted was removed or disabled as a result of mistake or misidentification, you may submit a counter-notification to Digitalage's designated agent that includes the elements required by 17 U.S.C. § 512(g)(3). By submitting a counter-notification, you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if outside the United States, any judicial district in which Digitalage may be found) and agree to accept service of process from the complaining party. Digitalage will process counter-notifications in accordance with 17 U.S.C. § 512(g).
14.4 Neutrality
Digitalage processes notifications and counter-notifications under the Digital Millennium Copyright Act in a neutral manner. Digitalage does not make legal determinations regarding the validity of any claim, defense, fair use, or other limitation or exception under copyright law. Decisions regarding fair use and other defenses must be made by the parties and, where appropriate, by a court of competent jurisdiction.
14.5 Misrepresentations
Any person who knowingly materially misrepresents under 17 U.S.C. § 512(f) that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, may be liable for damages, costs, and attorneys' fees incurred by Digitalage or any alleged infringer or copyright owner that is injured by such misrepresentation.
14.6 Repeat infringer policy
Digitalage maintains a documented repeat infringer policy and will, in appropriate circumstances and in its sole discretion, terminate the accounts of users who are repeat infringers, consistent with 17 U.S.C. § 512(i). Digitalage may also, in its sole discretion, limit, suspend, or terminate access for any user who infringes the rights of others, whether or not such user qualifies as a repeat infringer.
15. Content moderation and removal
Digitalage may, but is not obligated to, monitor, review, screen, evaluate, refuse to publish, edit, label, restrict, age-gate, geofence, demonetize, suspend, disable, remove, or terminate any Content, User Content, Submission, account, feature, listing, page, comment, or other element of the Service, in whole or in part, at any time and for any reason or no reason, including (without limitation) for legal, regulatory, rights-protection, platform-integrity, operational, technical, business, brand, safety, security, contractual, or editorial reasons, in each case in Digitalage's sole discretion and without liability to you or any other person.
Digitalage does not undertake, and disclaims, any general obligation to monitor the Service or User Content. Any decisions by Digitalage under this Section are final, subject only to any internal appeal or review process that Digitalage may voluntarily make available.
16. Third-party content, links, embeds, and services
The Service may contain links to, embeds from, integrations with, or references to third-party websites, applications, products, services, content, advertisements, and platforms, including without limitation Vimeo, Substack, social media platforms, payment processors, analytics providers, content delivery networks, hosting providers, identity providers, communication tools, and advertising networks (collectively, "Third-Party Services"). Third-Party Services are not under the control of Digitalage. Digitalage does not endorse, sponsor, approve, certify, or vouch for any Third-Party Service and is not responsible or liable for the availability, accuracy, legality, decency, quality, security, privacy practices, terms, or content of any Third-Party Service, or for any loss, damage, or harm of any kind incurred as a result of your dealings with any Third-Party Service. Your use of any Third-Party Service is at your own risk and subject to the terms, conditions, and privacy policies of that Third-Party Service. The inclusion of any link, embed, integration, logo, name, or reference to a Third-Party Service does not imply any endorsement, sponsorship, approval, affiliation, partnership, or recommendation by Digitalage unless expressly stated in writing by an authorized officer of Digitalage.
17. Privacy
Your use of the Service is subject to the Digitalage Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy describes how Digitalage collects, uses, shares, retains, and protects personal information, and the choices and rights available to you. By using the Service, you acknowledge that you have reviewed the Privacy Policy.
17.1 California privacy rights
If you are a California resident, you may have rights under the California Consumer Privacy Act, as amended by the California Privacy Rights Act (collectively, the "CCPA/CPRA"), including the right, where applicable, to opt out of the sale or sharing of personal information (including through Global Privacy Control signals and other recognized opt-out preference signals) and to limit the use and disclosure of sensitive personal information to purposes necessary for the provision of requested services or as otherwise permitted by law. Details regarding the categories of personal information collected, the purposes of use, the categories of recipients, retention practices, and the procedures for exercising your rights (including any "Do Not Sell or Share My Personal Information" and "Limit the Use of My Sensitive Personal Information" mechanisms) are set forth in the Privacy Policy. Digitalage honors valid requests in accordance with applicable law.
17.2 Other privacy rights
Residents of other jurisdictions may have additional rights under applicable privacy and data-protection laws. Information about those rights and how to exercise them is set forth in the Privacy Policy.
18. Disclaimers
THE SERVICE, THE CONTENT, THE DIGITALAGE MATERIALS, AND ALL OTHER MATERIALS, INFORMATION, PRODUCTS, FEATURES, AND SERVICES PROVIDED ON OR THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DIGITALAGE, HOP-ON, INC., AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, CONSULTANTS, AGENTS, LICENSORS, SERVICE PROVIDERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "DIGITALAGE PARTIES") DISCLAIM ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, AND GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AND SYSTEM INTEGRATION.
WITHOUT LIMITING THE FOREGOING, THE DIGITALAGE PARTIES DO NOT WARRANT THAT THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR FREE FROM ERRORS, DEFECTS, OR LOSS OF DATA; OR THAT STREAMS, PLAYBACK, OR OTHER MEDIA DELIVERY WILL BE FREE FROM BUFFERING, LATENCY, DROPPED FRAMES, RESOLUTION CHANGES, BITRATE FLUCTUATIONS, OR INTERRUPTIONS. ANY RELIANCE YOU PLACE ON THE SERVICE OR ANY CONTENT IS STRICTLY AT YOUR OWN RISK. NO INFORMATION OBTAINED BY YOU FROM THE SERVICE OR FROM ANY DIGITALAGE REPRESENTATIVE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
19. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANY OF THE DIGITALAGE PARTIES BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR ENHANCED DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, BUSINESS OPPORTUNITY, INVESTMENT VALUE, DATA, GOODWILL, REPUTATION, CONTENT, FOLLOWERS, ACCOUNT VALUE, OR USE, ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, ANY CONTENT, ANY DIGITALAGE MATERIALS, ANY USER CONTENT, ANY SUBMISSION, ANY THIRD-PARTY SERVICE, ANY RELIANCE ON THE SERVICE OR INFORMATION OBTAINED THROUGH IT, ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE, ANY SERVICE INTERRUPTION, OR ANY OTHER MATTER, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY DIGITALAGE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE DIGITALAGE PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS ACTUALLY PAID BY YOU TO DIGITALAGE FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.
The limitations and exclusions in Sections 18 and 19 are fundamental elements of the basis of the bargain between you and Digitalage and shall apply to the maximum extent permitted by applicable law, even if any limited remedy is found to fail of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages; in such jurisdictions, the foregoing limitations and exclusions will apply to the maximum extent permitted by applicable law.
20. Indemnification
You agree to defend, indemnify, and hold harmless each of the Digitalage Parties from and against any and all claims, demands, actions, proceedings, liabilities, losses, damages, judgments, awards, fines, penalties, costs, and expenses (including reasonable attorneys' fees, expert fees, and court costs) arising out of or relating to: (a) your access to or use of the Service; (b) your User Content, Submissions, or feedback; (c) your breach or alleged breach of these Terms or any policy incorporated herein; (d) your violation or alleged violation of any applicable law, regulation, contract, or order; (e) your infringement, misappropriation, or violation of any intellectual property, privacy, publicity, moral, or other right of any person; (f) any fraud, misrepresentation, negligence, or willful misconduct by you or anyone acting on your behalf; (g) any unauthorized use of the Service through your account; or (h) any dispute between you and any other user, creator, partner, licensee, or third party.
Digitalage may, in its sole discretion, assume the exclusive defense and control of any matter otherwise subject to indemnification by you, at your expense, in which case you agree to cooperate with Digitalage in asserting any available defenses and not to settle any matter without Digitalage's prior written consent. This Section 20 survives termination of these Terms.
21. Reservation of rights
Digitalage reserves the right, in its sole discretion and without liability to you or any other person, to: investigate any actual or suspected violation of these Terms, any policy incorporated herein, or any law; enforce these Terms, including by restricting, suspending, or terminating access; cooperate with law enforcement agencies, regulators, courts, and other authorities, and respond to lawful requests for information, including subpoenas, court orders, and other legal process; disclose information about you, your account, your User Content, and your use of the Service to the extent Digitalage believes in good faith is necessary or appropriate to comply with applicable law, enforce these Terms, protect the rights, property, or safety of Digitalage, its users, or others, or respond to a credible claim of liability; and seek and obtain temporary, preliminary, and permanent injunctive and other equitable relief in any court of competent jurisdiction. All rights not expressly granted in these Terms are reserved by Digitalage.
22. Export compliance
The Service may be subject to export, re-export, transfer, and import-control laws and regulations of the United States and other jurisdictions, including the Export Administration Regulations (EAR), the International Traffic in Arms Regulations (ITAR), and sanctions programs administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC). You agree to comply with all such laws and regulations. You represent and warrant that you are not a national of, and you will not directly or indirectly export, re-export, transfer, or release the Service or any related technical data to, any country, region, person, or entity prohibited or restricted under applicable export, re-export, sanctions, or import-control laws and regulations.
23. Government users
The Service, the Content, and the Digitalage Materials constitute "commercial items," "commercial computer software," and "commercial computer software documentation" as those terms are defined in the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement. Any use, modification, reproduction, release, performance, display, or disclosure of the Service, the Content, or the Digitalage Materials by or on behalf of the United States Government will be governed solely by these Terms and is prohibited except to the extent expressly permitted by these Terms.
24. Governing law and dispute resolution
24.1 Governing law
These Terms, and any dispute, claim, or controversy arising out of or relating to these Terms, the Service, your use of the Service, or the relationship between you and Digitalage (each, a "Dispute"), are governed by and construed in accordance with the laws of the State of Nevada and applicable federal laws of the United States, without regard to any conflict-of-laws principles that would result in the application of the laws of any other jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions in this Section 24.
24.2 Informal resolution
Before initiating any arbitration or court proceeding, you and Digitalage agree to attempt in good faith to resolve any Dispute informally for at least sixty (60) days. To begin informal resolution, you must send a written notice describing the Dispute, the relief sought, and your contact information to Digitalage at [email protected] and to the address set forth in Section 33. Digitalage may send notice of any Dispute to the most recent contact information for your account. The statute of limitations and any filing-fee deadlines will be tolled while the parties engage in this informal-resolution process.
24.3 Binding arbitration
Except as expressly provided in Section 24.6, any Dispute that is not resolved through informal resolution shall be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association ("AAA") in accordance with the AAA Consumer Arbitration Rules (if you are an individual consumer) or the AAA Commercial Arbitration Rules (in all other cases), in each case as supplemented by the AAA Mass Arbitration Supplementary Rules where applicable. The arbitration shall be conducted in Clark County, Nevada, before a single arbitrator who is a lawyer or retired judge with substantial experience in technology, internet, or intellectual property law. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction. Discovery, motion practice, and the conduct of the arbitration shall be proportionate to the amount in controversy.
24.4 Class, collective, mass action, and representative action waiver
YOU AND DIGITALAGE EACH AGREE THAT ANY DISPUTE SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, MASS, CONSOLIDATED, COORDINATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, MASS ACTION, MASS ARBITRATION (EXCEPT AS BATCHED UNDER SECTION 24.5), CONSOLIDATED PROCEEDING, REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION AGAINST DIGITALAGE OR ANY OF THE DIGITALAGE PARTIES. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT CLAIMANT'S INDIVIDUAL CLAIM.
24.5 Mass arbitration protocol
If twenty-five (25) or more substantially similar individual arbitration demands are filed against Digitalage by or with the coordination of the same or affiliated counsel, marketers, or organizers within a one hundred eighty (180) day period (a "Mass Filing"), the demands shall be administered as a Mass Filing under the AAA Mass Arbitration Supplementary Rules. The parties will work in good faith with the AAA to (a) appoint a process arbitrator to resolve threshold issues common to the demands; (b) select a representative subset of bellwether cases for initial arbitration; (c) stay all remaining demands pending resolution of the bellwether cases; and (d) participate in a mediation following the bellwether cases. Filing fees, case-management fees, and arbitrator fees in any Mass Filing shall be allocated in accordance with the AAA Mass Arbitration Supplementary Rules. This Section 24.5 is intended to prevent the misuse of arbitration through the coordinated mass filing of demands and is severable from the rest of this Section 24. If any portion of this Section 24.5 is found unenforceable, it shall be reformed to the minimum extent necessary to preserve the parties' agreement to arbitrate on an individual basis.
24.6 Carveouts: court actions and injunctive relief
Notwithstanding anything to the contrary, (a) either party may bring an individual action in small-claims court for any Dispute that qualifies, so long as the action remains in that court and is not transferred or appealed to a court of general jurisdiction; and (b) Digitalage may bring an action in any court of competent jurisdiction, and seek and obtain temporary, preliminary, and permanent injunctive, declaratory, or other equitable relief, to protect or enforce its intellectual property rights, the Digitalage Marks, the Digitalage Materials, the Service, confidential information, security, systems, data, technology, platform integrity, business operations, and reputation, including without limitation against any actual or threatened violation of Section 6 (DRM and TPMs), Section 9 (AI Training and Scraping), Section 11 (Prohibited Conduct), Section 12 (Intellectual Property), or Section 13 (Trademark). You consent to the exclusive jurisdiction and venue of the state and federal courts located in Clark County, Nevada for any such proceedings.
24.7 Jury trial waiver
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND DIGITALAGE EACH KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE BROUGHT IN COURT, REGARDLESS OF THE LEGAL THEORY ASSERTED.
24.8 Time limitation on claims
To the maximum extent permitted by applicable law, any Dispute must be commenced within one (1) year after the cause of action accrues. Otherwise, the Dispute is permanently barred. This limitation does not apply where prohibited by applicable law.
24.9 Arbitration opt-out
If you are an individual consumer, you may opt out of the arbitration agreement in this Section 24 (other than Section 24.6, which is not subject to opt-out) by sending a written opt-out notice to [email protected] and to the address in Section 33 within thirty (30) days after first accepting these Terms. The notice must include your full name, postal address, email address used to access the Service, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other portion of these Terms, including the class, collective, mass, and representative action waiver in Section 24.4, which remains in effect to the extent permitted by applicable law.
24.10 Severability of arbitration provisions
If any portion of this Section 24 is found unenforceable, the remaining portions shall continue in full force and effect, except that, if Section 24.4 (Class, Collective, Mass Action, and Representative Action Waiver) is found unenforceable in its entirety with respect to a particular claim, that particular claim shall be severed from arbitration and brought in the state or federal courts located in Clark County, Nevada, and the remaining claims shall proceed in arbitration.
25. Termination and suspension
Digitalage may, in its sole discretion and at any time, with or without notice, suspend, restrict, block, disable, or terminate your access to all or any portion of the Service, any account, any Content, any User Content, or any feature, for any reason or no reason, including (without limitation) any actual or suspected breach of these Terms, any actual or suspected violation of law, any non-payment, any abandonment, any inactivity, any business reason, or any change to or discontinuation of the Service. Digitalage will not be liable to you or to any third party for any suspension, restriction, blocking, disabling, or termination.
Upon termination, all licenses and rights granted to you under these Terms terminate immediately, and you must cease all use of the Service. You may lose access to your account, Content, User Content, Submissions, settings, and other data, and Digitalage has no obligation to retain or provide a copy of any of the foregoing. The following provisions survive any expiration or termination of these Terms: Sections 3 (Corporate and Securities Disclosures), 7.3 (License Grant to Digitalage), 8 (Inquiry Submissions and Feedback), 9 (Strict Prohibition on AI Training, Scraping, Crawling, Data Extraction, and Automated Access), 12 (Intellectual Property Rights), 13 (Trademark Rights and Brand Use), 14 (DMCA and Copyright Policy), 18 (Disclaimers), 19 (Limitation of Liability), 20 (Indemnification), 21 (Reservation of Rights), 22 (Export Compliance), 24 (Governing Law and Dispute Resolution), 25 (Termination and Suspension), and 26 through 33, together with any other provisions that by their nature should survive.
26. Electronic communications
By using the Service, providing your contact information, or creating an account, you consent to receive communications from Digitalage electronically, including by email, push notification, in-product message, posting on the Service, or other electronic means. You agree that all notices, disclosures, agreements, and other communications that Digitalage provides to you electronically satisfy any legal requirement that such communications be in writing. You are responsible for maintaining accurate contact information and for monitoring communications from Digitalage.
27. Notices
Except as otherwise expressly provided in these Terms, any notice to Digitalage must be in writing and sent to the email address [email protected] and to the postal address set forth in Section 33. Notices to you may be sent to the email address or postal address associated with your account, posted on the Service, or delivered by other reasonable means. Notices are effective upon receipt for email and personally delivered notices, three (3) business days after deposit in the mail (postage prepaid) for mailed notices, and upon posting for notices posted on the Service.
28. Assignment
Digitalage may assign, transfer, delegate, or sublicense these Terms or any of its rights or obligations under these Terms, in whole or in part, at any time and without notice to or consent from you, including in connection with a merger, acquisition, reorganization, sale of assets, or operation of law. You may not assign, transfer, delegate, or sublicense these Terms or any of your rights or obligations under these Terms without Digitalage's prior written consent, and any attempted assignment or transfer in violation of this Section is void. Subject to the foregoing, these Terms are binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.
29. Force majeure
Digitalage shall not be liable for any delay or failure to perform under these Terms to the extent caused by circumstances beyond its reasonable control, including (without limitation) acts of God, fires, floods, earthquakes, severe weather, epidemics, pandemics, public health emergencies, war, terrorism, civil unrest, riots, labor disputes, strikes, government actions, embargoes, sanctions, changes in law, denial-of-service attacks, ransomware, cybersecurity incidents, internet, network, or telecommunications outages, utility failures, third-party service failures, and failures of suppliers or service providers.
30. Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be reformed to the minimum extent necessary to render it valid, legal, and enforceable while preserving the parties' intent, and the remaining provisions of these Terms shall continue in full force and effect.
31. No waiver
No failure or delay by Digitalage in exercising any right, power, or privilege under these Terms shall operate as a waiver, nor shall any single or partial exercise preclude any other or further exercise of any right, power, or privilege. Waivers must be in a writing signed by an authorized officer of Digitalage to be effective. No waiver of any breach or default shall constitute a waiver of any subsequent breach or default.
32. Interpretation, headings, and entire agreement
32.1 Headings and interpretation
Section headings are for convenience only and do not affect interpretation. The words "including," "includes," and "include" shall be construed to mean "including without limitation." The word "or" is not exclusive. Words importing the singular include the plural and vice versa. References to laws, regulations, and rules include any successor provisions and amendments. These Terms shall be construed without regard to any presumption or rule requiring construction or interpretation against the drafting party.
32.2 Entire agreement
These Terms, together with the Privacy Policy, the DMCA/Copyright Policy, the Trademark Policy, the Forward-Looking Statements Disclosure, any applicable Order Document, creator agreement, partner agreement, library license agreement, or other legal notice or agreement published by Digitalage and incorporated herein by reference, constitute the entire agreement between you and Digitalage with respect to the Service and supersede all prior or contemporaneous understandings, communications, and agreements, whether written or oral, with respect to the subject matter hereof. In the event of any direct conflict between these Terms and a signed written agreement between you and Digitalage that expressly references and modifies these Terms, the signed written agreement shall control to the extent of the conflict.
32.3 Independent contractors
Nothing in these Terms creates any agency, partnership, joint venture, employment, franchise, or fiduciary relationship between you and Digitalage. You and Digitalage are independent contractors with respect to these Terms.
32.4 Third-party beneficiaries
Hop-on, Inc. and the other Digitalage Parties are intended third-party beneficiaries of these Terms and are entitled to enforce the provisions that benefit them. Except as expressly set forth in these Terms, there are no other third-party beneficiaries.
33. Contact information
For questions or notices regarding these Terms, please contact:
Digitalage, Inc.
Attn: Legal Department
31938 Temecula Parkway, Suite A323
Temecula, CA 92592
Email: [email protected]
Phone: +1-949-856-9008
DMCA notices and counter-notifications must be sent to the designated agent identified in Section 14.1.
© 2026 Digitalage, Inc. All rights reserved. Digitalage, Inc. is a subsidiary of Hop-on, Inc. (OTCID: HPNN).