Terms of services

 

The use of the DIGI INSTANT AGENCY website, as well as all material, services, and goods made available at or via the Website, is subject to the following terms and conditions (taken together, the Website). The DIGI INSTANT AGENCY (“DIGI INSTANT MARKETING AGENCY”) is the owner and operator of the Website. The Website is provided on the condition that you accept the terms and conditions outlined in this Agreement without modification. As well as all other operating rules, policies, and procedures (including, without limitation, DIGI INSTANT AGENCY Privacy Policy) then, DIGI INSTANT AGENCY may publish from time to time on this site (the “Agreement”).

Before using or visiting the Website, please take the time to read this Agreement thoroughly. You agree to be governed by the terms and conditions of the Agreement accessing or using any portion of the Website. You are not permitted to use any services or the Website if you do not agree to all of the terms and conditions of this Agreement. Acceptance is conditional to DIGI INSTANT AGENCY’s written approval of all terms and conditions. Only those who are at least 13 years old may access the Website.

Your account and Website with DIGI INSTANT AGENCY are entirely responsible for any activities under your account and any other acts related to the blog if you create a blog or Website on the Website. You are also responsible for maintaining the security of your account and blog. You must not misuse the names or reputations of others when describing your blog or selecting its keywords. DIGI INSTANT AGENCY reserves the right to change or remove any description or keyword that it finds to be inappropriate, illegal, or otherwise likely to place DIGI INSTANT AGENCY in an awkward position. You must immediately alert DIGI INSTANT AGENCY if your blog, account, or any other security breach is used without your permission.

Any actions or inactions on Your part, as well as any losses of any type sustained as a result of such activities or inactions, will not subject DIGI INSTANT AGENCY to liability.

Contributors’ accountability. You are solely responsible for the content of any blog you maintain or any blog comments you make. Then as well as any material you publish to the Website or any links you post there, or any other material you make (or permit any third party to make) available through the Website (any such material, “Content”). No matter if the content in question consists of text, graphics, an audio file, or computer software, that is always the case.

You guarantee and signify by making content obtainable that:

• The proprietary rights of any third party, including but not limited to the copyright, patent, trademark, and trade secret rights, will not be violated by the downloading, copying, or use of the content.
• You have either secured your employer’s consent to post or make the content available, including but not limited to any software, or (ii) obtained from your employer a waiver of all rights in or to the content if your employer has intellectual property rights over intellectual property you create.
• Any third-party licenses about the content are fully complied with, and you have successfully taken all necessary steps to transfer any critical terms onto end users.
• The content doesn’t install or include malware, Trojan horses, viruses, or other potentially harmful software.
• The content doesn’t contain spam, isn’t generated by a machine or randomly, and isn’t immoral or unwelcome commercial content intended to increase traffic to other websites or their search engine rankings.
• Third-party websites to support illegal activities (like phishing) or to deceive recipients about the source of the content (like spoofing).
• The material does not violate anyone’s right to privacy or freedom of speech, nor is it pornographic or encourages or threatens violence against others or property.
• Unwanted electronic messages, such as spam links on message boards, email lists, other blogs, websites, and other online communities, do not promote your blog.
• Your blog’s name doesn’t give the impression that you are another person or business to your readers. For instance, your blog’s URL or name should not be the name of another person or company but you.

You have accurately classified and characterised the kind, nature, uses, and impacts of the materials in the case of content that contains computer code, whether DIGI INSTANT AGENCY specifically requested it.

You grant DIGI INSTANT AGENCY a worldwide, royalty-free, and non-exclusive licence to reproduce, modify, adapt, and publish the content exclusively to display, distribute, and promote your blog when you submit Content to DIGI INSTANT AGENCY for inclusion on your website. Although DIGI INSTANT AGENCY will make a reasonable attempt to remove deleted content from the Website, you understand that cached copies of the content or references to them might still exist.

Without limiting any of those representations or warranties, DIGI INSTANT AGENCY has the right (though not the obligation) in its sole discretion to refuse or remove any content that, in its reasonable opinion, violates. Any DIGI INSTANT AGENCY policy or is otherwise harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason. There is no requirement for DIGI INSTANT AGENCY to give a refund for any already paid sums.

Payment and Renewal.   

General Terms.

You consent to pay DIGI INSTANT AGENCY the one-time, monthly, or yearly membership costs by choosing a product or service (additional payment terms may be included in other communications).

When you sign up for an Upgrade, a pre-paid subscription fee will be collected, covering your use of the service for the specified months or years. There is no refund for payments.

 

Automatic Renewal.

Your subscription will automatically renew unless you tell DIGI INSTANT AGENCY before the end of the relevant subscription period that you want to cancel it. If you do so, we’ll charge your credit card or another payment method on file for the then-applicable annual or monthly subscription fee (plus any applicable taxes) for the renewed subscription. Upgrade cancellation requests must be made in writing to DIGI INSTANT AGENCY.

 

Services; Fees; Payment.

You agree to pay DIGI INSTANT AGENCY the appropriate setup costs and ongoing fees by creating a Services account. The day your services are established, and before you use them, you will be billed for any applicable fees. The payment terms and prices are subject to change with thirty (30) days previous written notice to you, but DIGI INSTANT AGENCY has the right to do so. You may stop using the services at any time by giving DIGI INSTANT AGENCY thirty (30) days written notice.

Support: If priority email support is part of your package. “Email support” refers to the opportunity to email requests for technical support assistance at any time regarding the usage of the VIP Services, with reasonable efforts made by DIGI INSTANT AGENCY to answer within one business day. “Priority” indicates that users of the standard or free DIGI INSTANT AGENCY services are given preference when receiving support. The standard services methods, processes, and policies of XYZ AGENCY will be followed in providing all support.

 

Responsibility of Website Visitors.

The content, use, and effects of the material uploaded to the Website have not been and cannot be vetted by DIGI INSTANT AGENCY. As a result, DIGI INSTANT AGENCY is not liable for any of such material’s content, use, or effects. By running the Website, DIGI INSTANT AGENCY does not indicate or suggest that it approves of the content placed there or considers such content to be accurate, sound, or safe.

You are accountable for adopting the essential safety measures to guard against harmful or destructive content such as Trojan horses, worms, and viruses for your computer systems. The Website may include obscene, indecent, or otherwise objectionable material and material that is technically inaccurate or has typos or other errors. The Website may also contain content that violates the privacy or publicity rights, infringes the intellectual property and other proprietary rights of third parties, or is subject to additional terms and conditions, either explicitly stated or implicitly implied, regarding downloading, copying, or use. DIGI INSTANT AGENCY disclaims all liability for damages arising from visitors’ use of the Website or downloading any materials placed there.

On other websites, there is content. All of the information, including computer software, made accessible through the websites and webpages to which DIGI INSTANT AGENCY links and that link to DIGI INSTANT AGENCY has not been and cannot be reviewed by us. These websites and webpages are not under the jurisdiction of DIGI INSTANT AGENCY, and neither is it liable for the information on them nor how they are used. In no way does DIGI INSTANT AGENCY suggest or imply that it endorses any website or webpage it does not own by providing a link to it. You are accountable for adopting the essential safety measures to guard against harmful or destructive content such as Trojan horses, worms, and viruses for your computer systems. Any damage you may incur due to using websites and webpages not owned by DIGI INSTANT AGENCY is not the responsibility of DIGI INSTANT AGENCY.

Copyright Violations and the DMCA. In the same way, as DIGI INSTANT AGENCY requests that people respect its intellectual property rights, it also upholds others’ intellectual property rights. You are invited to inform DIGI INSTANT AGENCY in line with its Digital Millennium Copyright Act (“DMCA”) Policy if any content on its website or one it links violates your copyright. DIGI INSTANT AGENCY will respond to these notices when required or appropriate by deleting the infringing material or taking down all links to it. Suppose it is determined, under the right circumstances, that a visitor has repeatedly violated the copyrights or other intellectual property rights of DIGI INSTANT AGENCY or others. In that case, DIGI INSTANT AGENCY will suspend the visitor’s access to and use of the Website. Any money that has already been paid to DIGI INSTANT AGENCY will not be subject to reimbursement in the event of such termination.

 

Intellectual Property.  

Any intellectual property owned by DIGI INSTANT AGENCY or a third party will not be transferred to you as a result of this Agreement; instead, DIGI INSTANT AGENCY will continue to have exclusive ownership of all rights, title, and interest in and to such property.

All other trademarks, service marks, images, and logos used in connection with DIGI INSTANT AGENCY or the Website are the property of DIGI INSTANT AGENCY or licensors. They are either trademarks or registered trademarks of DIGI INSTANT AGENCY.

There may be trademarks of other third parties behind other trademarks, service marks, images, and logos used in conjunction with the Website.

You do not have any rights or licences to use any DIGI INSTANT AGENCY or third-party trademarks in any way through your use of the Website.

Advertisements. Without an ad-free account, DIGI INSTANT AGENCY reserves the right to display adverts on your blog.

Attribution. The right to include “Blog at DIGI INSTANT AGENCY,” “Theme Author,” and “Font Attribution” buttons in your blog footer or toolbar is reserved by DIGI INSTANT AGENCY.

Partner Products. You accept the partner’s terms of service by activating one of their partner products (such as a theme). You are always free to reject their terms of service by deactivating the partner product. You accept the partner’s terms of service by activating one of their partner products (such as a theme). You are always free to reject their terms of service by deactivating the partner product.

Domain Names. You acknowledge and agree that the use of the domain name is also governed by the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities, if you are registering a domain name, using it, or transferring a previously registered domain name.

Changes. At its sole discretion, DIGI INSTANT AGENCY retains the right to alter or replace any portion of this Agreement. You must frequently review this Agreement for modifications. Any modifications to this Agreement posted after you use or access the Website reflect your acceptance of those modifications. In the future, DIGI INSTANT AGENCY might provide new services and features via the Website (including releasing new tools and resources). This Agreement’s terms and conditions will govern these additional features and services.

Termination. DIGI INSTANT AGENCY has the right to instantly revoke your authorisation to access all or any portion of the Website, with or without cause and with or without prior notice. You may stop using the Website if you no longer wish to be bound by this Agreement or your DIGI INSTANT AGENCY account (if you have one). Despite those mentioned above, if you have a paid services account, DIGI INSTANT AGENCY may only terminate that account if you materially breach this Agreement and fail to cure that breach within thirty (30) days of receiving notice of that breach from DIGI INSTANT AGENCY; provided, however, that DIGI INSTANT AGENCY may terminate the Website immediately as part of a general shut down of our service. All clauses in this Agreement that, by their nature, ought to endure termination shall do so, including ownership clauses, warranty exclusions, indemnification clauses, and liability limitations.

 

Disclaimer of Warranties.

The Website is made available “as is.” All warranties, whether stated or implied, including, without limitation, the warranties of merchantability, fitness for a specific purpose, and non-infringement, are disclaimed by DIGI INSTANT AGENCY and its suppliers and licensors.

There is no guarantee that the Website will be error-free or that its access will be continuous or uninterrupted from DIGI INSTANT AGENCY or its suppliers and licensors. You acknowledge that using the Website to download files or to get other content or services is at your own risk and discretion.

Liability Limitation Under no circumstances will DIGI INSTANT AGENCY, its suppliers, or licensors be liable concerning any subject matter of this Agreement under any contract, negligence, strict liability, or other legal or equitable theory for any special, incidental, or consequential damages; (ii) the expense of obtaining substitute products or services; (iii) a failure to perform; (iv) a loss or corruption of data; or (v) any sums that exceed the fees paid When something goes wrong or is delayed because of circumstances beyond DIGI INSTANT AGENCY’s reasonable control, they are not responsible. To the extent that it is against the law, those mentioned above shall not apply.

 

General Representation and Warranty.

You guarantee and represent that you will use the Website strictly following this Agreement, the DIGI INSTANT AGENCY Privacy Policy, and all applicable laws and rules (including without limitation any local laws or regulations in your country, state, city, or another governmental area regarding online conduct and acceptable content and including all applicable laws regarding the transmission of technical data exported from the United Kingdom).

 

Indemnification.

Your Website, including without limitation any violation of this Agreement, may give rise to claims and expenses, including attorney fees, which you agree to defend, indemnify, and hold harmless DIGI INSTANT AGENCY. Its contractors, its licensors, and each of their respective directors, officers, employees, and agents from and against any such claims and expenses.

 

Miscellaneous.

As between DIGI INSTANT AGENCY and you concerning the subject matter hereof, this Agreement constitutes the entire Agreement. DIGI INSTANT AGENCY may only be modified by a written amendment signed by an authorised executive of DIGI INSTANT AGENCY or by the posting by DIGI INSTANT AGENCY of a revised version. Laws of GOV.CO.UK, excluding its conflict of law provisions, shall govern this Agreement and any access to or use of the Website, except to the extent that applicable law provides otherwise. Any dispute arising under this Agreement shall be resolved by three arbitrators appointed following the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”). Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without posting a bond).

The arbitration shall be conducted in English in London, and any court may enforce the arbitral award. Any successful party in a lawsuit or other legal action to enforce this Agreement is entitled to costs and attorneys’ fees. The parties’ original intent shall be reflected in any section of this Agreement determined invalid or unenforceable. The remaining elements of this Agreement will still be fully enforceable. Any term or condition of this Agreement waived by either party in one instance, or any breach thereof, does not constitute a continuing waiver of that term or condition or any subsequent breaches. You are free to transfer your rights under this Agreement to anybody who accepts its terms and conditions; nevertheless, DIGI INSTANT AGENCY may assign its rights under this Agreement without restriction. The parties, their permitted successors, and the benefits of this Agreement will inure to the use of those successors and permitted assigns.