Terms and Conditions
Terms of Service
These terms and conditions (“Terms of Service”) govern Client’s access to and use of DIGIBUZZSHOP, LLC, an Arizona limited liability company (“DBS”) products, software, services, and web sites (collectively “Services”), and any and all information, text, graphics, photos or other materials uploaded, downloaded, or appearing on the Services (collectively “Content”). By clicking below Client is agreeing to be bound by the terms and conditions contained herein. DBS encourages Client to consult with Client’s legal professional prior to clicking below. If Client does not agree to be bound by these Terms of Service, Client is not allowed to use the Services. Wherever used in these Terms of Service, “Client”, “Client’s” or similar terms mean the person or legal entity utilizing or accessing the DBS Services.
During the Term of this Agreement DBS will provide the Services elected above, at the prices set forth thereon. DBS reserves the right to alter or cancel any services being provided to Client at any time. The Services being provided are limited to those selected above. The request for any additional services to be rendered by DBS for client must be in writing, and such additional services must be approved in writing by DBS.
Client is responsible for Client’s use of the Services and for any Content accessed or made available to others through Client’s account (even if that Content is accessed or made available by others). Client takes all risks associated with the Services and any Content accessed or made available to others through Client’s account. DBS will not be held responsible for Client’s use of the Services or for any such Content, and Client hereby indemnifies and agrees to defend DBS against any claims arising out of the use of the Services or arising out of any Content.
Client represents that it is legally capable of entering into a binding contract with DBS and is not prohibited from entering into such agreement and receiving the Services by any other agreement or applicable law(s).
DBS may change the Services or stop providing them (temporarily or permanently) at any time and from time to time without notice.
Client acknowledges that the Services allow Client to access and use content and services offered by third party service providers (e.g., Twitter, Facebook) (“Third Party Service Providers”). Client must agree to comply with the relevant terms and conditions of each such Third Party Service Provider.
Client’s access to and use of the Services must be in accordance with these Terms of Service. If Client violates these Terms of Service, Client’s permissive use of the services is immediately terminated unless otherwise provided in writing by DBS, and DBS may at anytime following Clients violation of these Terms of Service, end Client’s access to any and all Service material.
Client is responsible for maintaining the security of Client’s account and login information. Client is also responsible for any activities or actions occurring on Client’s account through the use of their email or account login. DBS will not be responsible for any loss or damages resulting from improper use of client’s login or email. DBS is not responsible for Client’s failure to comply with its obligation(s). Each account login may only be used by one individual. A single login cannot be shared between multiple users.
Use and Restrictions
Client may only use the Services for which they subscribe. Client may access Content on DBS’s website during the term of this agreement only. Client may access, manage and obtain information about Client’s accounts with Third Party Service Providers in accordance with these Terms of Service and with any terms specified by the Third Party Service Providers.
Client agrees that Client will not use the Services for any illegal or unauthorized purpose, including any purpose that violates criminal, copyright or other applicable laws in a relevant jurisdiction. DBS reserves the right to unilaterally cancel Client’s account if, in DBS’s sole opinion, Client is using DBS’s services for illegal or criminal purposes.
Client may not use the Services in a way that is detrimental to the operation of the Services or the access or use of the Services by DBS’s Clients. This restriction includes but is not limited to actions which interfere or have the potential to interfere the normal operations of the Services, including but not limited to hacking, deleting, augmenting or altering the Services or any Content without prior written approval.
Client will not, without DBS’s prior written permission: (a) copy, distribute, modify, enhance, translate, reproduce, sell, resell, sublicense, rent, lease, or otherwise attempt to exploit the Services; or (b) modify another website so as to falsely imply that it is associated with the Services, DBS or any other DBS Service.
DBS does not pre-screen Content and cannot be responsible for the Content accessed or made available to others through the Services. DBS relies entirely on Client for the accuracy and validity of any information, content, or other material provided by Client, its agents, employees, or by a third party as directed by Client. Client represents that it has obtained all required permission, licenses, and ownership of any material or items it provides to DBS. Client agrees to indemnify, hold harmless and defend DBS from any and all claims, or actions which may arise in any way, from the use of the material provided by client, including but not limited to, any copyright or other intellectual property infringements, slander, defamation, and any derivative works derived from any material which may be produced while providing the Services. Client agrees that in the event DBS must defend any action or claim as a result of using the provided material, or producing derivative work through the use of such material or the information contained therein, then Client will pay DBS’s reasonable attorney fees, and other costs.
DBS and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Services. DBS may (but has no obligation to) remove Content and accounts containing Content that DBS determines, in its sole discretion, to be unlawful, offensive, harmful, inaccurate, or otherwise inappropriate or deceptive (including Content that DBS determines in its sole discretion to: (a) be libelous, defamatory, pornographic, obscene, or otherwise objectionable; or (b) violate any party’s intellectual property).
DBS does not allow verbal, physical, written or other abuse (including threats of abuse or retribution) of any DBS employee, member, officer, agent, or other client. Should Client or any of its employee’s agents, or affiliated parties, including third parties it instructs DBS to work with, engage in any such conduct, then DBS, in its sole discretion, may immediately terminate this agreement without consequence.
Payment Terms and Conditions
Client is purchasing Services from DBS. Client must provide DBS with a valid credit card.
Client may receive a free 30-day trial period for the SimpliBuzz social media scheduling application. If Client does not provide a valid credit card for continuation of Services after the 30-day period has expired, Client’s account will be automatically cancelled by DBS.
Client may elect to purchase Service Plan from DBS on a month-to-month (“Monthly Plan”) basis with a recurring billing cycle. When Client elects Monthly Plan, the price and term of the elected Service Plan shall be specified to the client.
When Client elects Monthly Plan, Client is billed, and Client’s credit card is charged, in advance on a monthly basis. Client’s credit card shall be billed on the same date each month as the date of commencement of Service.
All fees are exclusive of taxes, levies, withholdings or duties imposed by taxing authorities, and Client shall be responsible for payment of all such taxes, levies, withholdings or duties in addition to the fees.
Cancellation / Termination Policy
Client can cancel the Service(s) at any time. If Client terminates or cancels its Service mid-term (during a month for Monthly Plan), Client expressly agrees that DBS will not refund any charges already incurred to Client. Client may continue to use the Service until the end of Client’s elected Service term, at which time Client’s Service will terminate. DBS will invoice Client for any outstanding charges upon cancellation of Service(s).
DBS does not accept any responsibility for any loss whatsoever due to account cancellation.
DBS, in its sole discretion, has the right to suspend, terminate or restrict Client’s access to the Services, or any other DBS service, for any reason and at any time. Such termination of the Services will result in the immediate loss of Services to Client by DBS. DBS reserves the right to refuse to provide the Services to anyone for any reason at any time.
The provisions regarding “Use and Restrictions”, “Payment Matters”, “Cancellation and Termination”, “Ownership”, “Disclaimer and Limitation of Liability” and “General” and any provisions, which by their nature survive, shall survive the termination of these Terms of Service.
Modifications to the Services and Prices
DBS may alter the Services it provides to any Client at any time and from time to time without notice. Any changes to the Services will be subject to these Terms of Service. DBS may also stop (temporarily or permanently) providing the Services (or any part of the Services) to Client or to its customers generally without prior notice.
Prices of all Services, including but not limited to monthly subscription plan fees for Services, are subject to change at any time from DBS. Pricing will be provided by posting the changes on DBS’s website(s) (currently located at www.digibuzzshop.com and/or http://www.simplibuzz.com).
DBS will not in any way be liable to Client or to any third party for any change to the Services, price change, suspension or discontinuance of the Services.
Ownership and Licenses
DBS and its licensors retain title to and ownership of all rights (including copyright, trade-mark, patent, trade secret and all other intellectual property rights) in and to the Services provided and to any Content produced in any way by DBS. Client acquires no rights whatsoever to all or any part of the Services except for the limited use rights granted by these Terms of Service. All rights not expressly granted to Client are reserved to DBS and its licensors. DBS claims no intellectual property rights over Content, which Client provides to DBS in connection with the Services, and such intellectual property shall remain Client’s property. However, by making that Content available to others through the Services, or providing it to DBS through the Services, Client grants DBS a worldwide, non-exclusive, royalty-free, fully paid up license (with a right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content through any or all distribution methods (whether now known or hereafter developed). Client also acknowledges that the purpose of the Services is to access the services of Third Party Service Providers, and that as a result Client is agreeing to grant to DBS any and all other rights Client grants to applicable Third Party Service Providers.
Disclaimer and Limitation of Liability
THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND. USE OF THE SERVICES IS ENTIRELY AT CLIENT’S OWN RISK. DBS DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE QUALITY, ACCURACY, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, CURRENCY, OR TIMELINESS OF THE SERVICES. DBS DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY INCOMPLETENESS, ERRORS, SECURITY, VIRUSES, BUGS, PROBLEMS, OMISSIONS, INACCURACIES OR OTHER LIMITATIONS IN, OR INTERRUPTIONS IN THE OPERATION OF, THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, DBS DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE SERVICES WHETHER EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR THAT THE SERVICES ARE OR WILL BE SECURE, COMPLETE OR FREE OF ERRORS, VIRUSES, BUGS, PROBLEMS OR OTHER LIMITATIONS OR WILL OPERATE WITHOUT INTERRUPTION, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. DBS DISCLAIMS ALL LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE, GROSS NEGLIGENCE OR WILFUL MISCONDUCT), PRODUCT LIABILITY, STRICT LIABILITY, STATUTORY LIABILITY, BREACH OF A FUNDAMENTAL TERM, FUNDAMENTAL BREACH, OR ANY OTHER LEGAL THEORY, FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION ANY (I) DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE LOSS OR DAMAGE, (II) LOST PROFITS OR SAVINGS, (III) BUSINESS INTERRUPTION, (IV) LOSS OF PROGRAMS OR DATA (INCLUDING ANY CONTENT), (V) LOST REVENUE OR FAILURE TO REALIZE EXPECTED SAVINGS, (VI) LOSS OF USE, (VII) PERSONAL INJURY, (VIII) FINES, FEES, PENALTIES, OR (VI) ANY OTHER LOSSES OR DAMAGES WHETHER OR NOT DBS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE SERVICES.
Client understands that DBS uses third party vendors and hosting partners to provide necessary hardware, software, networking, storage, and related technology required to run the Services.
Client understands that the technical processing and transmission of the Services, including Client’s Content, may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
The failure of DBS to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between Client and DBS and governs Client’s use of the Services, superseding any prior agreements between Client and DBS (including, but not limited to, any prior versions of the Terms of Service). A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Subject to DBS’s ability to amend these Terms of Service, they cannot be changed.
If any of the provisions contained in these Terms of Service are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms of Service and such determination shall not affect the remaining provisions contained herein.
Client may not assign these Terms of Service or any of Client’s rights or obligations under these Terms of Service to a third party. Subject to the foregoing, these Terms of Service shall inure to the benefit of and be binding upon Client and DBS and their respective successors (including any successor by reason of amalgamation) and assigns.
In the event of a legal action regarding this Agreement or the Services provided to Client by DBS, the prevailing party will be entitled to reasonable costs and attorney fees from the losing party.
The Terms of Service are governed by the laws of the State of Arizona and the applicable laws of the United States of America, without giving effect to any principles of conflicts of laws contained therein. All disputes or other matters arising out of this License will be dealt with by a court of competent jurisdiction in Arizona. These laws apply to Client’s access to or use of the Services, notwithstanding Client’s domicile, residency or physical location. The Services are intended for use only in jurisdictions where they may lawfully be offered for use. Client and DBS specifically disclaim the UN Convention on Contracts for the International Sale of Goods.
By using our service, Client agrees to these Terms of Service.