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TERMS OF USE AGREEMENT

 

UPDATED: 01/01/2017

1. General and Acceptance

 

BY USING AND/OR VISITING THIS WEBSITE (collectively, including all content available through DigiPRO Media Group, the DigiPRO Media Group Website, or DigiPRO Media Group created content, or that which is owned, maintained and operated by DigiPRO Media Group) AND BY USING ANY OF THE PRODUCTS AND/OR SERVICES PROVIDED ON THE WEBSITE (as defined bellow) YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS INCORPORATED HEREIN BY REFERENCE (Terms of Use) AND THE TERMS AND CONDITIONS OF THE DIGIPRO MEDIA GROUP PRIVACY POLICY WHICH IS PUBLISHED AT WWW.DIGIPROMEDIAGROUP.COM. If you do not agree to any of these terms, do not use any products and/or services provided by DigiPRO Media Group.

 

This Terms of Use agreement sets forth the legally binding terms for your use of DigiPRO Media Group’s products and services and they shall apply to all users of the DigiPRO Media Group website, including users who are also contributors of content, and other materials, products or services on the website. By using DigiPRO Media Group’s products and services, you agree to be bound by this Terms of Use agreement. You are only authorized to use DigiPRO Media Group’s products and/or services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and/or regulations and to this Terms of Use agreement. PLEASE READ THIS AGREEMENT CAREFULLY AND SAVE IT. IF YOU DO NOT AGREE WITH IT, YOU SHOULD LEAVE THE DIGIPRO MEDIA GROUP WEBSITE AND DISCONTINUE USE OF DIGIPRO MEDIA GROUP’S PRODUCTS AND/OR SERVICES IMMEDIATELY. IF YOU WISH TO USE DIGIPRO MEDIA GROUP’S PRODUCTS AND/OR SERVICES, YOU MUST READ THIS AGREEMENT AND INDICATE YOUR ACCEPTANCE DURING CONSULTATION. PAYING APPLICABLE FEES FOR DIGIPRO MEDIA GROUP’S PRODUCTS AND/OR SERVICES VALIDATE THAT YOU HAVE FULLY READ AND UNDERSTAND THE CONDITIONS OF THIS TERMS OF USE AGREEMENT AND THE DIGIPRO MEDIA GROUP PRIVACY POLICY, AND SIGNIFY THAT YOU FULLY ASSENT TO THE CONDITIONS OF THIS TERMS OF USE AGREEMENT AND THE PRIVACY POLICY.

 

In order to obtain certain products and services produced by DigiPRO Media Group you may be notified that you are required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to DigiPRO Media Group’s products and/or services in which you choose to participate, those additional terms are hereby incorporated into this agreement as an integral part hereof.

 

DigiPRO Media Group may modify this agreement at will without notice and such modification shall be effective upon posting by DigiPRO Media Group on this website. You agree to be bound to any changes to this agreement when you use DigiPRO Media Group’s products and/or services after any such modification is posted. It is therefore important that you review this agreement regularly upon each use of DigiPRO Media Group’s products and/or services to ensure you are updated as to any changes.

 

2. Eligibility

 

Use of a DigiPRO Media Group’s products and/or services is void where prohibited. By using DigiPRO Media Group’s products and/or services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of DigiPRO Media Group’s products and/or services does not violate any applicable law(s) or regulation(s). Your profile and service may be deleted and your membership will be terminated without warning, if we believe that you are less than 18 years of age. DigiPRO Media Group will not be held liable for any losses in such cases.

 

Minors are not allowed to purchase products and services from DigiPRO Media Group. Accordingly, by purchasing such products and/or services the user declares and represents that he/she is 18 years of age and that he/she has full legal capacity to complete such contractual action without need in any additional approvals or consents.

 

3. Provided Products and Services

 

Subject to full compliance with this Terms of Use agreement, DigiPRO Media Group shall provide certain products and/or services, as described more fully on this website. Products and/or services may include, but not be limited to, the formation, designing, storage, management, sharing and linking of media and/or document files (including, but not limited to text, user comments, messages, information, data, graphics, photographs, images, illustrations, animations, software, audio and video; collectively known as content). Please note that part of the products and/or services (or special features) may be provided only to those who subscribe for such products and/or services and DigiPRO Media Group may charge fees for its products and/or services. The products and/or services are provided by DigiPRO Media Group ‘AS AGREED UPON’ and DigiPRO Media Group assumes no responsibility for any failure in providing the products and/or services due to fraud or that which is in violation of any law(s) or regulation(s).

 

DigiPRO Media Group may change, suspend or discontinue any or all of the products and/or services or any content for any reason, at any time, including the availability of any feature or part of the content at its sole discretion. DigiPRO Media Group may also impose limits on all or any of the products and/or services or restrict access to parts or all of the products and/or services without notice or liability. DigiPRO Media Group may charge fees for the use of its products and/or services or part of them. DigiPRO Media Group will not include advertisements or other commercial content in any product or service unless stated otherwise by the user/customer/client/member.

 

Products and/or services provided by DigiPRO Media Group (as defined on the website) are provided according to the provisions of this agreement and the specific commercial provisions and policies (including the Cancellation Terms) as detailed on this agreement. Such provisions and/or policies may be amended from time to time, once incorporated herein by reference, they shall be considered as an integral part hereof.

 

It is further stipulated that any use of DigiPRO Media Group’s products and/or services for creation and/or uploading and/or hosting of HTML widgets or other HTML content for commercial purposes (such as, but no limited to, adsense, e-commerce shopping carts etc.) is subject and contingent upon upgrade of such content by purchase. In the event that such content is not purchased as agreed upon, DigiPRO Media Group shall have the right to discontinue the use of the product and/or service without notification.

 

4. General Undertakings

 

You accept sole responsibility for all of your activities using this website, including your conduct on the website and any and all content you may submit for posting. You will not use DigiPRO Media Group’s products and/or services for any unauthorized or illegal purpose. You will be responsible for ensuring that you do not violate any law(s) or regulation(s) of your jurisdiction, including but not limited to copyright laws. You will not submit any content which transmit viruses, worms, adware, spyware, trackers, sniffers, malware, or any other destructive code.

 

5. The DigiPRO Media Group Website

 

The DigiPRO Media Group website may contain third party content and links to third party websites that are not owned or controlled by DigiPRO Media Group, therefore, DigiPRO Media Group has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party content or websites or any of their actions. In addition, DigiPRO Media Group will not and cannot censor or edit the content of any third party website. By using the website, you expressly relieve DigiPRO Media Group from any and all liability arising from your use of any third party website. Accordingly, we encourage you to be aware when you leave the DigiPRO Media Group website and to read the terms and conditions and privacy policy of each other website that you visit.

 

6. Website Access

 

A. DigiPRO Media Group hereby grants you permission to use its website as set forth in this Terms of Use agreement, provided that: (i) you will not attempt to alter or modify any part of this website other than as may be reasonably necessary to use the website for its intended purpose and/or in a manner allowed by DigiPRO Media Group; and (ii) you will otherwise comply with the terms and conditions of this Terms of Use agreement.

 

B. In order to purchase the products and/or services offered through this website, you will have to create an account. You may never use another's account without permission. When creating an account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account information secure. You also accept sole responsibility for keeping your account information secure. You must notify DigiPRO Media Group immediately of any breach of security or unauthorized use of your account information. Although DigiPRO Media Group will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of DigiPRO Media Group or others due to unauthorized use of your account information.

 

7. Linked Content

 

DigiPRO Media Group enables you to link to images, animations, videos, audio, and other content hosted on third party websites. As a purchaser of DigiPRO Media Group’s products and/or services content is saved by DigiPRO Media Group separate from the linked content to third party content, and the existence of created content by DigiPRO Media Group does not affect in any manner the ability to view or use linked content. If the linked content is no longer available or accessible to a user, then those portions of created content that reference the linked content will not work.

 

DigiPRO Media Group provides the ability to embed images, animations, videos, audio, and other content owned or provided by third parties cooperating with DigiPRO Media Group into DigiPRO Media Group created content. In such case, the use of such third party content shall be subject to the compliance with the provisions of this Terms of Use agreement and in addition, the terms of use/end user license agreement of the third party owning or providing the used content.

 

Specifically, it is brought to your attention that any use of images provided by third parties is subject to the terms of the third party’s End User License Agreement and Terms and/or Conditions of Use as may be found on the third party’s website.

 

8. Online Sharing through Third Party Services

 

DigiPRO Media Group enables you to share content (as defined below) through third party websites, blogs or email systems. When sharing content through third party services you shall continue to comply with all provisions of this agreement. You are also to comply with the terms of any the services through which you are sharing content.

 

9. Third Party Services

 

You are fully aware of the fact that DigiPRO Media Group shall not have any responsibility or liability with regard to any third party services used by you on or through DigiPRO Media Group formed content, such as payment and e-commerce services and any use of such third party services shall be at your own responsibility and liability. You further acknowledge that the providence of technical ability to link to such services (such as the possibility of a PayPal account), are provided only as part of the products and/or services but shall not be deemed as to create any liability or responsibility on behalf of DigiPRO Media Group.          

 

10. Fees and Payment

 

Some of the products and/or services offered on this website require payment of fees ("Charged Services"). If you elect to sign up for charged services, you shall pay all applicable fees, as described on the website in connection with such charged services selected by you. DigiPRO Media Group reserves the right to change its prices and at any time. You authorize DigiPRO Media Group directly or through third parties, to make any inquiries it considers necessary to validate your account and financial information as provided while signing up for such products and/or services.

 

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You agree to pay for any such taxes that might be applicable to your use of the products and/or services and payments made by you to DigiPRO Media Group.

 

All fees related to using charged services are charged automatically using the payment method as determined in the website. If DigiPRO Media Group does not receive a request for charged services termination in writing to one of the addresses listed on the website under "Contact Us" or “cancellation” you acknowledge and understand that DigiPRO Media Group will continue to charge you for the charged services as long as your account remains active regardless if the charged services are used or not.

 

If, at any time, you contact your bank or credit card company and decline or otherwise reject the charge of any payable fees, this act will be considered a breach of your obligation hereunder and your use of the charged services will be automatically terminated. Your use of the charged services will not resume until you re-subscribe for any such charged services. Reactivations fees shall apply.

 

11. OWNERSHIP OF CONTENT

 

Content submitted to DigiPRO Media Group is at the discretion of its submitter (customers/clients/users/agent/representative) for the purpose of reuse at the judgment of DigiPRO Media Group, and therefore, does not require consent by its submitter to use such content as deemed by DigiPRO Media Group. All content submitted to DigiPRO Media Group is authorized by the submitter of such content to be used by DigiPRO Media Group at the discretion of DigiPRO Media Group. You agree that DigiPRO Media Group retains all rights and ownership of all submitted content and the content it creates. Note, any work created by DigiPRO Media Group (original work) is protected by Federal and International Copyright Laws and Treaties. DigiPRO Media Group will release all rights to any created content at a fair market price or fair market value.

 

DigiPRO Media Group will not share or provide any information and/or details regarding any content submitted or created by DigiPRO Media Group other than to the owners of such content as determined above.

 

12. CANCELLATION & MONEY BACK

 

DigiPRO Media Group’s charged services are provided on a prepay basis. Users of DigiPRO Media Group’s products and/or services may decide to discontinue their use of any charged services at any time. Such cancellation is done by the users themselves in writing on the DigiPRO Media Group website and according to the instructions posted therein. Accordingly, there is no point in addressing the DigiPRO Media Group Customer Service team in connection with cancellations. The date and time of any cancellation of the use of any charged services shall be the date and time on which the user has completed the cancellation process on the DigiPRO Media Group website.

 

DigiPRO Media Group will only refund you according to the following Money Back Guarantee Policy: DigiPRO Media Group offers a 3-day money back guarantee (Guaranty Period). In case you are not satisfied with any of the charged services you have acquired and you have provided a cancellation

notice within three (3) days of being charged for said product and or service, you can submit a refund request by email to customerservice@digipromediagroup.com within the Guaranty Period in order to receive a full refund. DigiPRO Media Group will not refund any amounts paid after the elapse of the Guaranty Period. One-time Administrative Startup/Setup Deposits/Fees are nonrefundable and WILL NOT BE REFUNDED.

 

13. Intellectual Property Rights

 

The Content on the DigiPRO Media Group website (as defined above), except all content submissions (as defined below), is subject to copyright and other intellectual property rights under local and international laws and conventions. To the best of its knowledge, DigiPRO Media Group uses only content which is allowed and permitted for use by the owner(s) of such content and other intellectual property rights therein. Content provided to you may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners (if such consent is required). DigiPRO Media Group reserves all rights to determine the use of content when ownership of content is in question or can’t be clearly defined. You agree to not engage in the use, copying, or distribution of any content other than expressly permitted herein, including any use, copying, or distribution of user submissions of third parties obtained for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the content created by DigiPRO Media Group or features that prevent or restrict use or copying of any content or enforce limitations on use of the DigiPRO Media Group website or any of the content therein.

 

14. Content Submissions

 

A. DigiPRO Media Group does not permit the direct submission of content by its submitters to content developed by DigiPRO Media Group.

 

B. YOU UNDERSTAND THAT ALL CONTENT SUBMISSIONS ARE THE SOLE RESPONSIBILITY OF THE SUBMITTER UPLOADING SUCH CONTENT. YOU, AND NOT DIGIPRO MEDIA GROUP, ARE ENTIRELY RESPONSIBLE FOR ALL CONTENT THAT YOU UPLOAD, POST, TRANSMIT OR OTHERWISE MAKE AVAILABLE TO DIGIPRO MEDIA GROUP. DIGIPRO MEDIA GROUP DOES NOT CONTROL THE OWNERSHIP OF THE CONTENT PRIOR TO SUBMISSION, AND, AS SUCH DOES NOT GUARANTEE THE ACCURACY, INTEGRITY OR QUALITY OF SUCH CONTENT OR THAT IT'S SUMISSION DOES NOT INFRINGE ANY THIRD PARTY RIGHTS.

 

C. DIGIPRO MEDIA GROUP IS NOT RESPONSIBLE FOR AND DOES NOT REVIEW CONTENT SUBMISSIONS PRIOR TO IT BEING SUBMITTED, THEREFORE, DIGIPRO MEDIA GROUP RESERVES THE RIGHT AND WILL DELETE AND NOT USE ANY CONTENT THAT IT DEEMS, IN ITS SOLE DISCRETION RACIST, HURTING, ILLEGAL, OR UNACCEPTABLE FOR ANY REASON, WITH NO NEED TO PROVIDE AN EXPLANATION.

 

D. DigiPRO Media Group does not claim intellectual property rights over content prior to submission and any such submissions shall be considered as granted the rights under the copyrights in the appropriate selection in the DigiPRO Media Group website. With respect to the content submitted or that which is made available for inclusion on publicly accessible areas of the DigiPRO Media Group website or any content created by DigiPRO Media Group, the content submission shall be deemed and considered as license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on such publicly accessible areas as deemed by DigiPRO Media Group. Furthermore, it is agreed that submitted content is made available for editing by DigiPRO Media Group and submitting such content is deemed and considered as license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display on such publicly accessible areas as deemed by DigiPRO Media Group. Such license shall be terminated only at the discretion of DigiPRO Media Group.

 

E. IN CONNECTION WITH CONTENT SUBMISSIONS, YOU FURTHER AGREE THAT YOU WILL NOT: (I) SUBMIT MATERIAL THAT IS COPYRIGHTED OR OTHERWISE SUBJECT TO THIRD PARTY PROPRIETARY RIGHTS, INCLUDING PRIVACY AND PUBLICITY RIGHTS, UNLESS YOU ARE THE OWNER OF SUCH RIGHTS OR HAVE PERMISSION FROM THEIR RIGHTFUL OWNER TO POST THE MATERIAL AND TO GRANT DIGIPRO MEDIA GROUP AND/OR ANY OF ITS USERS ALL OF THE LICENSE RIGHTS GRANTED HEREIN; (II) SUBMIT FALSEHOODS OR MISREPRESENTATIONS THAT COULD DAMAGE DIGIPRO MEDIA GROUP OR ANY THIRD PARTY; (III) SUBMIT MATERIAL THAT IS UNLAWFUL, DEFAMATORY, LIBELOUS, THREATENING, HARASSING, HATEFUL, RACIALLY OR ETHNICALLY, OBSCENE, PORNOGRAPHIC, OFFENSIVE, OR ENCOURAGES CONDUCT THAT WOULD BE CONSIDERED A CRIMINAL OFFENSE, GIVE RISE TO CIVIL LIABILITY, VIOLATE ANY LAW, ENCOURAGES USE OF DRUGS OR ALCOHOL, OR IS OTHERWISE INAPPROPRIATE; UNLESS YOU UNDERSTAND AND AGREE THAT DIGIPRO MEDIA GROUP WILL USE SUCH CONTENT AT ITS DISCRETION; (IV) IMPERSONATE ANOTHER PERSON.

 

DigiPRO Media Group does not endorse content or any opinion, recommendation, or advice expressed therein, and DigiPRO Media Group expressly disclaims any and all liability in connection with illegal content submissions.

 

F. DIGIPRO MEDIA GROUP DOES NOT PERMIT COPYRIGHT INFRINGING ACTIVITIES AND INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. DIGIPRO MEDIA GROUP WILL REMOVE ALL CONTENT SUBMISSIONS IF PROPERLY NOTIFIED THAT SUCH CONTENT OR USER SUBMISSION INFRINGES ON ANOTHER'S INTELLECTUAL PROPERTY RIGHTS.

 

DigiPRO Media Group respects the intellectual property rights of others, and it is our policy to respond to claims of alleged infringement that complies with the Digital Millennium Copyright Act (DMCA). If you believe that your work has been copied in a way that infringes your copyrights, please email us at customerservice@digipromediagroup.com and provide all relevant details, including the exact location of the material claimed to be infringing your rights, reasonable evidence of such pleaded rights, and any other information as may be  required.

 

The details of the DigiPRO Media Group Copyright Infringement Agreement nominated according to the provisions of the DMCA, can be found on the DigiPRO Media Group Website.

 

DigiPRO Media Group reserves the right to remove content without prior notice. DigiPRO Media Group will also terminate access to content if it is determined to be a repeat infringer of copyright protection. A repeat infringer is anyone who has been previously notified by DigiPRO Media Group of infringing activity and/or has had a content removed for infringement. DigiPRO Media Group also reserves the right to decide whether content is appropriate and that it complies with this Terms of Use agreement and other applicable statutes, and if such content is in violation of other applicable laws and regulations other than copyright infringement and intellectual property law. DigiPRO Media Group may remove such content and/or terminate access for uploading such material in violation of any Terms of Use agreement/statutes/regulations at any time, without prior notice and at its sole discretion.

 

DigiPRO Media Group makes no representation that it can protect its users from exposure to offensive material. DigiPRO Media Group will not be liable for the content of any submission and expressly disclaims all liability relating thereto.

 

G. You understand that when using DigiPRO Media Group products and/or services, content will be exposed to a variety of sources, therefore, DigiPRO Media Group is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content beyond the control of DigiPRO Media Group. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against DigiPRO Media Group with respect thereto (if any), and agree to indemnify and hold DigiPRO Media Group, its Owners/Operators, employees and affiliates, harmless to the fullest extent allowed by law regarding all matters related to your use of DigiPRO Media Group’s products and/or services.

 

15.  Additional Prohibited Uses

 

A. In addition to all the above prohibitions, you agree that you will NOT knowingly use the DigiPRO Media Group’s products and/or services, among other things, to:

 

(a) harm minors in any way;

 

(b) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

 

(c) upload, post, email, transmit, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

 

(d) upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;

 

(e) spamming to promote your content, or engaging in unethical marketing, advertising, any other practice connected in any way to spam, or sending content or emails which do not comply with the CAN-SPAM Act of 2003;

 

(f) upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; or

 

(g) intentionally or unintentionally violate, attempt to violate, or avoid any applicable ICANN regulation or policy;

 

You agree to indemnify and hold DigiPRO Media Group harmless from any claims resulting from the use of the products and/or services which damages you or any other party. DigiPRO Media Group reserves the right to investigate you, your business, and/or your owners, officers, directors, managers, and other principals of your content at any time. These investigations will be conducted solely by DigiPRO Media Group to protect DigiPRO Media Group from harm or damage, and not for the benefit of your company or that of any third party. If the investigation reveals any information, act, or omission, which in DigiPRO Media Group's sole opinion, constitutes a violation of any local, state, federal, or foreign law or regulation, or this Terms of Use agreement, DigiPRO Media Group may immediately remove your content, and notify you of the action. You agree to waive any cause of action or claim you may have against DigiPRO Media Group for such action.

 

B. In addition to the above prohibitions, you shall not:

 

(i) attempt in any way to remove or otherwise make invisible any ads, banners, links or any other content placed or added to content created by DigiPRO Media Group without obtaining DigiPRO Media Group's prior consent to do so.

 

(ii) attempt to connect an external domain (an URL address other than the one provided by DigiPRO Media Group) to the content created by DigiPRO Media Group without obtaining DigiPRO Media Group’s prior consent to do so.

 

Please note that DigiPRO Media Group reserves the right to remove and/or delete any content which is violating the above prohibition without prior warning.

 

16. SECURITY

 

You are responsible for maintaining the security of your account information, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with the content. You agree to immediately notify DigiPRO Media Group in writing of any unauthorized uses of your account or any other breaches of security. DigiPRO Media Group cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will DigiPRO Media Group be liable, in any way, for any acts or omissions by any DigiPRO Media Group user or other third party, including any damages of any kind incurred as a result of such acts or omissions.

 

17. Warranty Disclaimer & Limitation of Liability

 

A. YOU AGREE THAT YOUR USE OF DIGIPRO MEDIA GROUP’S PRODUCTS AND/OR SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DIGIPRO MEDIA GROUP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND/OR AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH CONTENT AND YOUR USE, THEREOF. DIGIPRO MEDIA GROUP MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE.

 

B. IN NO EVENT SHALL DIGIPRO MEDIA GROUP, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND/OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE DIGIPRO MEDIA GROUP WEBSITE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

C. YOU SPECIFICALLY ACKNOWLEDGE THAT DIGIPRO MEDIA GROUP SHALL NOT BE LIABLE FOR CONTENT SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

D. DIGIPRO MEDIA GROUP DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY OR ANY HYPERLINKED WEBSITE OR FEATURE IN ANY BANNER OR OTHER ADVERTISING, AND DIGIPRO MEDIA GROUP WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

E. DIGIPRO MEDIA GROUP DOESN’T RECOMMEND THE USE OF WEBSITES TO HOST PERSONAL CONTENT AND PERSONAL INFORMATION AND SHALL NOT BEAR ANY SECURITY RISKS REGARDING BREACH OR DAMAGE TO ANY PERSONAL CONTENT OR PERSONAL INFORMATION.

 

F. DIGIPRO MEDIA GROUP MAKES NO REPRESENTATIONS THAT ITS WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN ALL LOCATIONS. THOSE WHO ACCESS OR USE THIS WEBSITE FROM JURISDICTIONS PROHIBITING SUCH USE, DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW(S) AND/OR REGULATION(S).

 

18. Indemnity

 

You agree to defend, indemnify and hold harmless DigiPRO Media Group, its parent corporation, officers, directors, employees and/or agents, 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 this website; (ii) your violation of any term of this Terms of Use agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your content submissions caused damage to a third party. This defense and indemnification obligation will survive this Terms of Use agreement and your use of DigiPRO Media Group’s products and/or services.

 

19. Events Beyond Control

 

Under no circumstances shall DigiPRO Media Group be held liable for any delay or failure in this website and/or any of the products and/or services and/or information on this websites directly or indirectly resulting from or arising out of, relating to or in connection with events beyond the reasonable control of DigiPRO Media Group, including, without limitation, internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitation of liability section as stipulated above.

 

20. Assignment

 

This Terms of Use agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DigiPRO Media Group without restriction or limitations.

 

21. General

 

You agree that: (i) DigiPRO Media Group is based in the Buckhead district of Atlanta, Georgia, USA; and (ii) the DigiPRO Media Group website is a passive website that does not give rise to personal jurisdiction over DigiPRO Media Group, either specific or general, in jurisdictions other than the United States of America and the state of Georgia. This Terms of Use agreement shall be governed by the internal substantive laws of the state of Georgia, without respect to its conflict of laws principles. Any claim or dispute between you and DigiPRO Media Group that arises in whole or in part from this website shall be decided exclusively by a court of competent jurisdiction located in Atlanta, Georgia, United States of America. This Terms of Use agreement, together with the Privacy Policy and any other legal notices published by DigiPRO Media Group on this website, shall constitute the entire agreement between you and DigiPRO Media Group concerning this website, and the use of DIGIPRO Media Group’s products and/or services offered on this website. If any provision of this Terms of Use agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Terms of Use agreement, which shall remain in full force and effect. No waiver of any terms of this Terms of Use agreement shall be deemed a further or continuing waiver of such terms or any other terms, and DigiPRO Media Group’s failure to assert any right or provision under this Terms of Use agreement shall not constitute a waiver of such right or provision. YOU AND DIGIPRO MEDIA GROUP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS WEBSITE AND/OR OUR PRODUCTS AND/OR SERVICES MUST COMMENCE WITHIN NINETY (90) DAYS AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

 

22. Make-Over, Updates, Upgrades

 

Please note that the version of this website may change as it undergoes a make-over, update and/or upgrades to improve the products and/or services we offer. You understand and agree that the products and/or services may suffer disruptions and not operate as intended or designated. Your use of our products and/or services during these periods (make-over, updates, upgrades) signifies your understanding of and will be at your own risk.

 

23. Customer Service Contact

 

To get in touch with our Customer Service please use any of the options listed below:

 

Email: customerservice@digipromediagroup.com

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