Effective from September 03, 2020

Welcome to digitechserve.com, the website and online service of Digitech Services Inc (“ Digitech,” “we,” or “us”). This page explains the terms by which you may use our online and/or mobile services, website, and software provided on or in connection with the service (collectively the “Service”). By accessing or using the Service, you agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection and use of your information as set forth in the Digitech Privacy Policy , whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, members, contributors and others who access the Service (“Users”).This Agreement hereby incorporates the terms of the following additional documents, including all future amendments or modifications thereto:

Welcome, here are the terms that you agree to when using Digitech.

There are a few other documents that may be applicable depending on how you use the Service. Here are links to the other agreements that may be relevant.

Please read this agreement carefully to ensure that you understand each provision.

Use of Our Service

Our Service in a Snapshot. Digitech operates an online design platform and media licensing service that empowers our users, members, artists, designers, photographers and others to design and collaborate. We provide ready-made media and content that is licensable for use in accordance with our various licenses.

Eligibility. You may use the Service only if you can form a binding contract with Digitech, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. You must be 13 years old or older to use or access the Service, unless you are under 13 years old and your use of the Service is directly supervised by your parent or guardian or another authorized adult (e.g., a teacher) who agrees to be bound by this Agreement. Any use or access to the Service by anyone under 13 who is not directly supervised by an adult is strictly prohibited and in violation of this Agreement. The Service may not be available to any Users previously removed from the Service by Digitech. By using the Service, you represent and warrant that you have the full right, power and authority to enter into this Agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this Agreement.

License to use the Digitech Service. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service and as permitted by the features of the Service. Digitech reserves all rights not expressly granted herein in the Service and the Digitech Content (as defined below). Digitech may terminate this license at any time for any reason or no reason.

Additional terms may apply for any content that you download from, upload to or print from the Service. Any such additional terms will be made available to you prior to initiating any applicable uploads, downloads or prints.

Digitech is a great service to use for creating your designs, but you have to be at least 13 years of age and fully able to form binding contracts in order to use it. You may not use the Service in violation of these terms or any laws or regulations.

Digitech Accounts

Your Digitech account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a Digitech account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to Digitech with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

When you create a Digitech account, you have to provide us with accurate information. You are responsible for any activity that occurs on your account, so make sure you have a strong password.
Your Digitech account is your unique identity. Don’t let anyone else use your Digitech account.
You can control your User profile and how you interact with the Service by adjusting your account settings. We might email you important messages and information we think you’ll find useful. We will stop sending you promotional materials if you tell us you’re not interested.

Service Rules

3.1 General

You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Digitech servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiii) using any Digitech Content (as defined below), including any Digitech trademarks, in any manner that might tarnish, disparage, or reflect adversely on such Digitech Content; (xiv) using the Service or any Digitech Content (as defined) to support, incite or promote discrimination, hostility or violence; (xv) using any Digitech trademark or any variant thereof including misspellings as a domain name or as part of a domain name, as a metatag, keyword, or any other type of programming code or data; (xvi) adopting or using, without our prior written consent, any word or mark which is similar to or likely to be confused with Digitech trademarks; (xvii) copying, imitating or using, in whole or in part, the look and feel of the Service (including but not limited to all page headers, custom graphics, button icons, and scripts) without the prior written consent of Digitech; (xviii) using any Digitech Content to link to the Digitech website without the prior written consent of Digitech; or (xviv) framing or hotlinking to the Service or any content other than your own without the prior written consent of Digitech.

Accessing the audiovisual content available on the Service for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Digitech Service to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. If your account is terminated for any reason, you must obtain written authorization from Digitech prior to establishing another account. If you attempt to establish another account without obtaining such authorization, Digitech may permanently ban you from the Service. You may not have more than one active account at any time without the written consent of Digitech in each instance. If such consent is granted, you may not submit identical Stock Media (as defined below) to more than one account.

You are solely responsible for your interactions with other Digitech Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Digitech shall have no liability for your interactions with other Users, or for any User’s action or inaction.

 

3.2 Anti-discrimination

Digitech does not support and will not tolerate its Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin. You are not permitted to use the Service in a manner which would or would likely incite, promote or support such discrimination and you must not use the Service to incite or promote hostility or violence. If we believe in our sole determination that your use of the Service is being used to discriminate, especially if based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin, we may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason.

Don’t be bad. Don’t steal any content, try to hack our servers, send spam or break any other rules, regulations, or laws.

We love working with you, but please don’t stretch the relationship. These are things we don’t want you to do with the Digitech brand or trademarks.
Play nice. You’re responsible for your interactions with others. We have the right to terminate our Services or your access to the Service.

 

User Content

General

Some areas of the Service allow Users to submit and publish content such as profile information, comments, questions, photographs, illustrations, fonts, designs, and other content or information (any such materials a User submits, posts, displays, prints or otherwise makes available on or via the Service without compensation “User Content”). You retain ownership of your User Content, and you understand that if you post User Content under a Brand, the Brand Owner will own—and be entirely responsible for—all such User Content. For the avoidance of doubt, User Content does not include Stock Media.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

In connection with your User Content, you affirm, represent and warrant the following:

Your User Content and Digitech’s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy and publicity rights.
Digitech may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
There is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of your User Content or which might in any way impair the rights granted by you hereunder.
If your User Content contains or incorporates in any manner any components including but not limited to design elements, fonts, clipart, sprites, vectors or brush tools and the like that are included in design programs, by uploading any such User Content to Digitech, you represent and warrant that the end user license agreement, terms of service or the equivalent license agreed to by you allows you to incorporate such elements in the User Content created by you, and to license such User Content to Digitech for the purposes set forth herein.
Your User Content is neither obscene, defamatory, or otherwise objectionable.
To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
You will not transmit unsolicited emails or engage in spamming to publicize or promote your relationship with Digitech.
If you use the Service to post, publish or print User Content, you agree that you have verified that the User Content does not contain anything that is illegal, infringes (or is otherwise deceptively similar to) any third-party’s Intellectual Property Rights, or otherwise breaches these terms.
You will not engage in pay per click advertising using keywords which compete with Digitech’s own campaigns in order to promote your relationship with Digitech nor will you use or engage a third party on your behalf to use Digitech in any domain name.
Upon making or learning of any claim that is inconsistent with any of the representations or warranties made by you, Digitech shall send you written notice of such claim, using the email address provided by you to Digitech, specifying the details of the claim as then known to Digitech. Pending the determination of such claim, Digitech may withhold from royalties and/or other compensation due to you hereunder, such sums as are reasonably related to the probable value of the claim as determined by Digitech.
Digitech takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts, publishes or prints over or using the Service. You shall be solely responsible for your User Content and the consequences of posting, publishing and printing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content or Stock Media that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Digitech shall not be liable for any damages you allege to incur as a result of User Content, Stock Media or your use of either in printed form. In the event that your User Content is alleged to be offensive, inappropriate for children, unlawful or otherwise in breach of these terms, you agree that Digitech may disclose such User Content to law enforcement or other government authorities.

 

Feedback

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Digitech under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Digitech does not waive any rights to use similar or related ideas previously known to Digitech, or developed by its employees, or obtained from sources other than you.|
We love it when / if you give us feedback and suggestions, but unfortunately we can’t pay you if we implement an idea you sent us.

 

Paid Services

9.1 Billing Policies.

Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment listed on the Service which we may update from time to time. Digitech may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.

 

9.2 No Refunds.

You may cancel your Digitech account at any time; however, there are no refunds for cancellation. In the event that Digitech suspends or terminates your account or this Agreement, you understand and agree that you shall receive no refund or exchange for any credits, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.

 

9.3 Payment Information; Taxes.

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, licenses, royalties, transactions, or other monetary transaction interactions.

Some of the stuff on our site requires you to pay for it, and we love that you’re supporting our artists. By initiating a purchase on Digitech, you agree to pay all charges associated with your transaction. Once you’ve provided a payment to us, we don’t provide any refunds.

 

Digitech Property

Certain aspects of the service may allow you to obtain certain reputational or status indicators (“ Digitech Property”). You understand and agree that regardless of terminology used, Digitech Property represents a limited license right governed solely by the terms of this Agreement and available for distribution at Digitech’s sole discretion. Digitech Property is not redeemable for any sum of money or monetary value from Digitech at any time. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Digitech on Digitech servers, including without limitation any data representing or embodying any or all of your Digitech Property. You agree that Digitech has the absolute right to manage, regulate, control, modify and/or eliminate Digitech Property as it sees fit in its sole discretion, in any general or specific case, and that Digitech will have no liability to you based on its exercise of such right. All data on Digitech’s servers are subject to deletion, alteration or transfer.

Notwithstanding any value attributed to such data by you or any third party, you understand and agree that any data, account history and account content residing on Digitech’s servers, may be deleted, altered, moved or transferred at any time for any reason in Digitech’s sole discretion, with or without notice and with no liability of any kind. Digitech does not provide or guarantee, and expressly disclaims, any value, cash or otherwise, attributed to any data residing on Digitech’s servers.

Although your profile might say “King of Digitech”, the status you generate as a Digitech User has no monetary value, and we may delete it.

 

Privacy

We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy and to have your personal information collected, used, transferred to and processed in the United States.

Your privacy is important to us and we only process your personal information in accordance with our Privacy Policy.

 

Security

Digitech cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

This one’s short enough f or you to read.

 

DMCA Notice

that are not owned or controlled by Digitech.

Digitech does not endorse or assume any responsibility for any such third-party apps, sites, information, materials, products, or services. If you access a third-party app or website from the Service, you do so at your own risk, and you understand that this Agreement and Digitech’s Privacy Policy do not apply to your use of such sites. Before installing an app to your Digitech account, please ensure you read and agree to the Terms and Conditions of the app. You expressly relieve Digitech from any and all liability arising from your use of any third-party app, website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Digitech shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

We only control Digitech, and we’re not responsible for anything on other apps or sites. So if you follow a link on Digitech to another site, you do so at your own risk.

 

Indemnity

You agree to defend, indemnify and hold harmless Digitech and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity, or Intellectual Property Rights; (iv) your violation of any applicable law, rule, or regulation; (v) any claim or damages that arise as a result of any of your User Content, your Stock Media, or any content that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password, or other appropriate security code.

If Digitech suffers damages or claims relating to your content, account, or use of the Service or your violation of these terms, any laws, or any other individual’s rights, you are responsible for all costs.

 

No Warranty

The service is provided on an “as is” and “as available” basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Digitech, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that the service will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components.

Digitech does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Digitech service or any hyperlinked website or service, and Digitech will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

You use Digitech as-is and at your own risk. We don’t provide any guarantees with respect to the Service.

 

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Digitech, its affiliates, agents, directors, employees, suppliers or licensors be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, this service, including without limitation, your submission of User Content or Stock Media. Under no circumstances will Digitech be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.

To the maximum extent permitted by applicable law, Digitech assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the service; (v) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. In no event shall Digitech, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount you paid to Digitech hereunder or $100.00, whichever is greater.

No action, regardless of form or nature, arising out of this agreement may be brought by or on behalf of you more than one (1) year after the cause of action first arose.

Notwithstanding anything to the contrary contained herein, Digitech shall not be liable for any damages, costs or losses arising as a result of modifications made to User Content, Stock Media, or other content, any additions or combinations of User Content or Stock Media with other content, or the context in which the User Content, Stock Media, or other content is used by you.

This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Digitech has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Some states do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights which vary from state to state. The disclaimers, exclusions, and limitations of liability under this agreement will not apply to the extent prohibited by applicable law.

The Service is controlled and operated from its facilities in the United States. Digitech makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

We disclaim all liability in connection with your use of the Service. To the extent we are found liable for anything, the maximum we are obligated to pay is the greater of $100.00 or however much you paid to us.

 

Governing Law

You agree that: (i) the Service shall be deemed solely based in New Jersey; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Digitech, either specific or general, in jurisdictions other than New Jersey. This Agreement shall be governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Middlesex County, New Jersey for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below. If you are a consumer, this agreement does not exclude any rights you may have under the national consumer laws of your jurisdiction.

These terms are governed by the laws of New Jersey but don’t exclude your rights under national consumer law. If we need to enforce our Intellectual Property Rights against you, you agree to have the issue resolved only in the courts of Middlesex County, New Jersey.

 

Arbitration.

For any dispute with Digitech, you agree to first contact us at info@digitechserve.com and attempt to resolve the dispute with us informally. In the unlikely event that Digitech has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Digitech claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein. The arbitration will be conducted in Middlesex County, New Jersey, unless you and Digitech agree otherwise. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, Intellectual Property Rights, or other proprietary rights. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and Digitech are each waiving the right to a trial by jury or to participate in a class action.

If you have any disagreements, contact us first. We’re decent people, but if we can’t work it out, then you agree to submit the dispute to arbitration in Middlesex County, New Jersey (except in certain circumstances relating the protection of Intellectual Property Rights.)

 

General

20.1 Assignment.

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Digitech without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

 

20.2 Notification Procedures and Changes to the Agreement.

Digitech may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Digitech in our sole discretion. Digitech reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Digitech is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Digitech may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.

 

20.3 No Waiver.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Digitech’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

 

20.6 Contact.