BTDigg Terms of Service

These Terms of Service (“Agreement”) constitute the rights and obligations related to your use of http://btdigg.org (“BTDigg”), a search engine over the BitTorrent DHT network. Throughout this Agreement, the terms “BTDigg,” “btdigg.org,” “us,” and “we” may refer to us, BTDigg, where contextually appropriate. “You” or “User” means you, the person who is agreeing to these Terms of Service. As a condition of your entering into this Agreement, you agree that you are agreeing to our Privacy Policy, available elsewhere on this website, to the same extent that you are agreeing to any other provision herein. The Privacy Policy is hereby incorporated into this Agreement by reference.

1. BTDigg: The Who, What, and How.

BTDigg is a search engine over the BitTorrent DHT network and we follow the DHT protocol specification. DHT users form BTDigg’s database by providing metadata. BTDigg indexes this metadata, which includes but is not limited to, file names, file sizes, torrent names, and information hashes. BTDigg does not store or host content. This Agreement is our electronic contract with you and You implicitly accept the agreement by using the search engine function or providing BTDigg with metadata (“Use or Using BTDigg”).

2. Information We Require

We do not require that Users set up accounts or subscribe with Us. We do use cookies to save User preferences. As a condition of Using BTDigg you warrant that you are at least eighteen years of age, or, that you have parental consent to use and agree to this Agreement.

3. Copyright

BTDigg does not store or host any content, including copyrighted content. But BTDigg’s search engine function may yield external links taking Users to third party websites inside and outside the BitTorrent DHT network that host copyrighted content. BTDigg is neither hosted nor operated from within the United States. Therefore, BTDigg has no liability or requirement to remove any links, but reserves the right to do so in its own discretion.

Please e-mail BTDigg via contact form if you have any questions concerning copyrights.

4. Disabling Other Links

BTDigg reserves the right to, but has no liability for its failure not to, disable links taking Users to third party websites that store or host content of child pornography, phishing or other fraudulent scams or clearly connected with other criminal activity.

Please e-mail BTDigg via contact form with any questions or concerns of links to third party websites hosting content of child pornography, phishing or fraudulent scams or are clearly connected with other criminal activity.

5. Trademark & Trade Dress

We rely on our trademarks and trade dress to distinguish our company from competitors, profit from our marketing efforts, and ensure that our product image remains positive. As such, any unauthorized use of our trademark or trade dress, including copying the look and feel of our website, is prohibited. This includes imitating our color schemes, brand names, or other trademarks or trade dress.

6. Representations & Warranties

You hereby represent and warrant to us that this Agreement has been duly and validly executed by you and constitutes a legal, valid and binding obligation on you, enforceable against you in accordance with the provisions of this Agreement, and that the execution by you of this Agreement is within your legal capacity and power. We make no warranty, express or implied, with respect to any information delivered through our website, marketing materials, or otherwise, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information provided, and we shall not have any liability to you or to any third party resulting from your use or any third party’s use of the information, including, but not limited to, any impact on your sales revenues. We make no warranty, express or implied, about the suitability of our sales training to your circumstances, and we cannot foresee what impact the training will have on your business.

7. Limitations on Liability

BTDigg shall not be liable for any damages arising from or related to your use, or any third parties use, of BTDigg, even if we have been advised of the possibility of such damages. In the event that this clause is prohibited or restricted by applicable law, our liability shall be limited to the lowest legally required amount.

8. External Link Disclaimer

BTDigg search engine results may yield links to external third party websites outside the BitTorrent DHT network. BTDigg does not warrant, sponsor or endorse any website inside or outside the BitTorrent DHT Network. You agree not to hold BTDigg liable for any injury or damage arising from, related to or in connection with clicking on a link to a third-party website. User assumes all risk by clicking on a link to third party websites.

9. Indemnification

You agree that if any third party claims against us or damage directly to us occurs as a result of your use of our website, service, or any other good or service provided by us, you will indemnify us for those claims and/or damages, including by paying our reasonably attorneys’ fees and court costs.

10. Choice of Law and Dispute Resolution

You agree that this Agreement, and any disputes related to it, will be governed by and litigated in Netherlands. This does not, however, prohibit BTDigg, at BTDigg’s sole discretion, from taking any action to enforce its intellectual property rights in other countries against You or any third party that may be infringing on its intellectual property rights.

11. Force Majeure

You agree that you will not hold us liable for any disruption of our service for any reason beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, natural disasters, criminal acts, labor shortages, labor strikes (lawful or unlawful), disruption of the postal or courier services, infrastructure disruption, communication failure (including Internet, telephone, or otherwise), shortages of materials, or any other circumstance that is beyond our control.

12. Non-Waiver

If you breach any provision of this Agreement, we may decide not to enforce it, or we may simply not notice it even if we would otherwise want to enforce it had we been aware of it. Any failure on our part to enforce any provision of this Agreement is not a waiver of our right to enforce that or any other provision in the future.

13. Severability

Should any provision of this Agreement be unlawful, void, or otherwise legally unenforceable, the rest of the Agreement shall remain enforce and be construed as though the unenforceable provision had not been a part of this Agreement.

14. Amendments

We may amend this Agreement from time to time as we see fit. You agree that, through your continued use of our service, you agree to these amendments. You further agree that it is your responsibility to review our “Terms of Service” page each time that you visit our website or access the service we provide to ensure that you are up to date with any amendments and agree to those amendments. If you do not agree to the amendments, you must notify us immediately and cease accessing our website and service.

In the event of any translation of this Agreement to any other language, the English version of this agreement will control.