Terms of Use

The tritondigital.com site (the "Site") is produced and owned by Triton Digital, Inc. ("Triton"). These Terms of Use contain important information; please read them carefully before using the Site. By accessing and using the Site, you agree to be bound by all the Terms of Use set forth herein. If you do not agree with these Terms of Use, your sole recourse is to leave the Site immediately. We also encourage you to review our Privacy Policy.

Triton or its assignees may amend these Terms of Use from time to time by updating this page; a link to this page will appear on most Site pages. Your continued use of the Site will indicate your acceptance of the revised Terms of Use.

As used in these Terms of Use, Triton's "Affiliates" refers to Triton's owners, subsidiaries, affiliated companies, suppliers, licensors, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Site and/or its contents (collectively the "Affiliates").

1. INTELLECTUAL PROPERTY INFORMATION

Copyright © 2013 Triton Digital, Inc. All Rights Reserved.

Any and all content, data, website design, graphics, photographs, images, audio, video, functionality, software, contact details, personal identifiers, metadata processes, source codes, algorithms and other information (collectively, the "Content") and trade-marks, service marks, trade names and logos (the "Marks") contained on this Site, on Triton's platforms, or in Triton's services are the property of Triton and/or its Affiliates. Except as set forth herein, you may not copy, modify, reproduce, publish post, transmit, distribute, display, create derivative works from, or sell the Content and/or Marks without the express written permission of Triton. You may download, print and reproduce the Content and/or Marks for your own informational purposes provided you agree to maintain any and all copyright or other proprietary notices contained in such Content and/or Marks, and that you cite the URL Source of such Content and/or Marks. Reproduction of multiple copies of the Content and/or Marks, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of Triton. To obtain written consent for such reproduction, please contact us at legal@tritondigital.com. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

2. MATERIALS ON THE SITE

While Triton uses reasonable efforts to include accurate and up-to-date information in the Site, Triton and its Affiliates: (a) make no warranties or representations as to the completeness, accuracy, currency, or availability of anything available (or intended to be available) on or through the Site; and (b) assume no liability or responsibility for any errors or omissions in the Content of the Site (regardless of the cause) or for any resulting damages. If you do become aware of an error, please contact us through the Contact Us page.

3. THIRD-PARTY SITES

Portions of the Site include links to sites operated by third parties (i.e., sites not owned or operated by Triton). Links to third-party sites do not constitute an endorsement or recommendation by Triton of such sites or the content, products, advertising or other materials presented on such sites, but are only for your convenience and you access and use them at your own risk. Third-party sites may have their own agreements or policies governing use of their sites.  TRITON IS NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD-PARTY SITES, NOR DOES TRITON MAKE ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, IN CONNECTION WITH ANY THIRD-PARTY SITE OR ANY INFORMATION, PRODUCTS, SERVICES, OR MATERIALS AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITE, AND TRITON SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT SUCH SITES OR OTHERWISE. If you link to any third-party site, you will be subject to the terms of use of that third-party site and not the Terms of Use.

4. CODE OF CONDUCT AND USER REPRESENTATIONS

You are responsible for ensuring that your use of the Site is in compliance with any applicable laws or regulations. By using the Site, you represent and warrant that: (1) any information you submit shall be true, accurate, current, and complete; (2) you shall maintain the accuracy of such information and promptly update such information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you shall not access the Site through automated and non-human means, whether through a bot, script or otherwise; (6) You shall not interfere (or attempt to interfere) with the operation of the Site. This includes, without limitation, (a) interfering with, defeating, or circumventing any security function of the Site, or attempting to do so, or (b) accessing, or attempting to access, any portion of the Site that you are not authorized to access. Unauthorized access (or attempts) can subject you to civil and/or criminal penalties; (7) You shall not use the Site for any unlawful purposes; and (8) You shall not modify, adapt, sublicense, translate, resell, retransmit, reverse engineer, decompile or disassemble any portion of the Site. 

5. ARTIFICIAL INTELLIGENCE

You also agree not to use, nor to authorize the use of, any Content, Marks or contact details, personal identifiers, metadata processes, source codes, algorithms or other data on the Triton Site, Triton's platforms, or Triton's services (the "Triton Data" and together with the Intellectual Property, the "Triton IP & Data"): (i) to create, train (whether directly or indirectly) and/or improve any generative or other artificial intelligence and/or machine learning models, applications, systems or technologies and any datasets therefor, whether now existing or hereafter created, in any manner, means or media and/or for any purpose whatsoever (e.g., machine learning, generative technology, data mining, cognitive computing, natural language processing, natural learning processes, computer vision, etc.) ("AI Technology") and/or (the All cryptocurrency and blockchain systems and assets (e.g., NFTs, bitcoin, wallets, etc.) ( "Blockchain Technology"); (ii)  to create, generate, edit, reproduce, translate, copy, publicly perform, distribute, transmit, adapt, modify, create any simulations and/or derivative works of, and/or manipulate, any Triton IP & Data nor (iii) to design, enable and/or otherwise be utilized for any AI Technology mimicking, replicating and/or simulating human appearance, thought processes, speech, emotions or actions; (iv) extract, scrape, harvest or collect any Triton IP & Data for use in connection with AI Technology and/or Blockchain Technology or otherwise; (v) discover, reverse engineer, decompile, disassemble, or attempt to derive Triton IP & Data source code or algorithms; (vi) process, collect, arrange or otherwise use Triton IP & Data into or in connection with datasets that are or may be used to train or otherwise in connection with AI Technology and/or Blockchain Technology; nor (vii) otherwise in connection with any AI Technology and/or Blockchain Technology. 

6. PERSONAL INFORMATION

Triton respects your right to privacy of your personal information. Please review our Privacy Policy for details on the manner in which we collect, use, disclose and otherwise manage any of your personal information.

7. SUBMISSIONS TO THE SITE

Subject to Triton's Privacy Policy, all remarks, discussions, ideas, concepts, know-how, techniques, graphics or other submissions communicated to Triton through this Site (collectively, "Submissions") will be deemed and remain the property of Triton, and Triton shall be entitled to use any Submission for any purpose, without restriction or compensation to the individual who has provided the Submission. Triton shall not be subject to any obligations of confidentiality regarding Submissions except as expressly agreed to in writing by Triton or as otherwise required by applicable law. 

8. MONITORING OF THE SITE

Triton has no obligation to monitor the Site; however, you acknowledge and agree that Triton has the right, at its sole discretion, to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site, or to protect itself or other users of the Site. For more details, please review our Privacy Policy.

9. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

Triton neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made by anyone other than an authorized Triton spokesperson acting in his/her official capacity. Under no circumstances will Triton or its Affiliates be liable for any loss or damage caused by your reliance on information obtained on or through the Site. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice or other Content available on or through the Site. In particular, we strongly suggest you consult your own professional advisor(s) before relying on any advice or information you obtain on or through the Site.

You understand and agree that your use of the Site is at your own risk. Neither Triton nor its Affiliates shall be liable for any direct, incidental, consequential, indirect, or punitive damages, whether under any contract, negligence, strict liability or other theory, arising out of or in connection with: (a) your access to, or use of, the Site; (b) any products, services, information, activities, and/or materials available on or through the Site; (c) any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy found in or through the Site, regardless of its origin; (d) any breaches of security involving the Site or your account, or any lack of availability or operational problem of, the Site; or (e) any viruses or other code that may affect your computer equipment or other property as a result of your use of the Site. Additionally, Triton cannot guarantee the availability of the Site at all times or on all computer equipment or browser software, and has no responsibility for any inability to access the Site. WITHOUT LIMITING THE FOREGOING, EVERYTHING AVAILABLE ON OR THROUGH THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, OR RELIABILITY. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY TRITON OR ANY OTHER OF ITS AFFILIATES.

10. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Triton and its Affiliates against any and all claims, damages, costs or other expenses that arise directly or indirectly from (a) your breach of the Terms of Use , (b) your activities in connection with the Site, and/or (c) any other matter for which you are responsible hereunder or under law.

11. AVAILABILITY

Triton may at any time, without prior notice (a) deny or limit any user's access to all or portions of the Site, and/or (b) change or eliminate any component of the Site.

While Triton attempts to ensure the listing of accurate and up-to-date prices, offers, and other information, Triton shall not be responsible for typographical or other errors, regardless of their cause.

Although the Site may be accessible worldwide, not all products, services, or information referenced in the Site are available to all persons in all geographic locations or jurisdictions. This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this Site and Content no distribution or solicitation is made by Triton to any person to use the Site or Content in jurisdictions where the provision of the Site and/or Content is prohibited by law. Triton reserves the right to limit, in its sole discretion, the availability of the Site and/or the provision and quantity of any product, service, and/or information to any person, geographic area, or jurisdiction it so desires. Any offer for any product, service, and/or information made in connection with the Site is void where prohibited.

12. TERMINATION

These Terms of Use are effective until terminated by Triton. Triton may terminate the Terms of Use at any time without notice, or suspend or terminate your access and use of the Site at any time, with or without cause, in Triton’s absolute discretion and without notice. The following provisions of the Terms of Use shall survive termination of your use or access to the Site: the sections concerning Indemnification, Disclaimer of Warranties and Limitation of Liability, Waiver, and Governing Law and Dispute Resolution, and any other provision which by nature is a surviving obligation, shall survive the termination of your use or access to the Site.

13. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Use shall be governed by the law of the State of New York exclusive of its choice of law rules, and without regard to the United Nations Convention on the International Sales of Goods. Any action to be brought in connection with these Terms of Use or the Site shall be brought in the state or federal courts in the City of New York in the State of New York, United States of America, and you irrevocably consent to their jurisdiction. You agree that you shall notify Triton in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it, and give Triton a reasonable period of time to address such claim or dispute prior to bringing any legal action, either individually, as a class member or representative, or as a private attorney general, against Triton. In the event that any provisions of these Terms of Use are held to be unenforceable, such provision shall be limited or eliminated to the minimum extent necessary to keep these Terms of Use otherwise in full force and effect.

14. WAIVER

Nothing contained in these terms shall be construed to limit the actions or remedies available to Triton and/or its Affiliates with respect to any prohibited activity or conduct. Failure by Triton to enforce any of its rights under these Terms of Use shall not be construed as consent or a waiver of those rights or any other rights in any way whatsoever, and Triton reserves the right to enforce such term at its sole discretion.

15. NOTICE

Notices to you may be made via email, as applicable, or in cases of changes to these Terms of Use or to the services offered by the Site, by posting notices or links to such notices on the Site itself. We will alert you of any changes by updating the "Last updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.

If you have any questions or comments regarding these Terms of Use please contact us at legal@tritondigital.com.

Last updated: September 22, 2023

9/25/2023, 11:45:39 AM