the DigiRAMP website (the "Site"). This Site is operated and
maintained by DigiRAMP.com ("DigiRAMP"). Your access to and use of
this Site is subject to these terms of service ("Terms of Service")
which set forth the terms under which DigiRAMP offers you access to the content
and services of the Site.
these terms and related conditions carefully before using this website, and
check them periodically for changes.
THIS IS A
LEGAL AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SITE. BY
USING THE SITE, AND FOR OTHER GOOD AND VALUABLE CONSIDERATIONS, THE RECEIPT AND
SUFFICIENCY OF WHICH YOU ACKNOWLEDGE, YOU AGREE TO BE BOUND BY THESE TERMS OF
SERVICE. IF YOU DO NOT AGREE WITH THE TERMS OF SERVICE, DO NOT USE THIS SITE.
YOU MAY USE
THE SITE IF YOU ARE AT LEAST 13 YEARS OF AGE. HOWEVER, IF YOU ARE UNDER THE AGE
OF EIGHTEEN (18) OR NOT ABLE TO ENTER INTO LEGAL AGREEMENTS UNDER APPLICABLE
LAW, YOU MUST HAVE A PARENT OR LEGAL GUARDIAN CAREFULLY READ AND AGREE TO THESE
TERMS OF SERVICE ON YOUR BEHALF.
change, edit or update this Terms Of Service at any time at our discretion upon
posting notice on the Site. Your continued use of the Site, and any related
services (Service), shall constitute your consent to any changes made. If you
do not agree to the new or different terms, you should not use the Site or the
does not control, and is not responsible for, the information provided by other
parties, whether by its Sellers, Buyers, Members, Customers or other users,
when or if such content is made available through the Site for general
information or related promotional purposes. You may find such third parties'
information to be offensive, harmful, inaccurate, or deceptive. You must use
caution and common sense when using the Site.
As used in
this Agreement, the term "Your Information" means any information or
media you provide to DigiRAMP, its customers, buyers, sellers, or other users
in using the Site, including in any registration process, in any public message
area or through any email or messaging feature. You are solely responsible for
Information may not:
false, inaccurate, misleading or fraudulent;
any anyone's copyright, trademark, trade secret, patent or other proprietary
rights or rights of publicity or privacy;
any law, statute, ordinance or regulation;
(d) be obscene,
defamatory, libelous, threatening, abusive or harassing, or encourage any of
any commercial product the sale of which you stand to benefit from without the
knowledge or explicit permission from DigiRAMP.
any viruses, Trojan horses, worms, time bombs, cancel bots, Easter eggs or
other computer programming routines that may damage, detrimentally interfere
with, intercept or use any system, data or personal information in an
unauthorized way; or
liability for DigiRAMP or cause it to lose (in whole or in part) the services
of its ISPs or other suppliers.
established from time to time, the provisions of which are expressly
incorporated into and made a part of this Agreement.
that you will not:
impersonate any other individual, including without limitation another user or
a DigiRAMP staff member;
in harassment of any form, including without limitation through improper
language or excessive frequency or size of messages;
messages of any kind to any individual who has stated or in any other way
demonstrated that he or she does not wish to receive messages;
(d) copy or
post any personal messages sent to you via the Site;
(e) use the
Site for any unlawful purpose; or
otherwise use the Site in a deceptive, abusive or otherwise disruptive manner.
that you will not use the Site to infringe upon or misappropriate the
intellectual property rights, including without limitation the copyrights, of
LIMITING THE PRECEDING SENTENCE, YOU AGREE THAT YOU WILL NOT USE THE SITE TO
UPLOAD OR DOWNLOAD ANY MUSICAL PERFORMANCES, RECORDINGS, OR COMPOSITIONS, OR
OTHER PROPRIETARY MATERIAL (AS DEFINED BELOW), INCLUDING BUT NOT LIMITED TO
ARTISTS' LIKENESSES OR IMAGES, OR ANY CONTENT OF ANY KIND AVAILABLE ON THE SITE
UNLESS YOU HAVE OBTAINED ALL NECESSARY RIGHTS AND LICENSES FROM THE OWNERS OF
SUCH PROPRIETARY MATERIAL, THROUGH PURCHASE OR OTHERWISE.
You agree to
indemnify, defend and hold harmless DigiRAMP, its affiliates, customers,
suppliers, and each of its and their employees, officers, directors,
successors, licensees, assigns, and advisors (collectively the "DigiRAMP
Parties") from and against any and all claims, damages, demands, or
liabilities, including but not limited to attorneys fees and costs arising out
of any claim that Your Information, and/or actions of any kind with respect to
the Site infringes upon or misappropriates, violates, or infringes any party's
personal or proprietary rights of any kind.
and Unauthorized Access
that you will not:
to circumvent user authentication or the security of any DigiRAMP account;
(b) use any
robot, spider, other automatic device, or manual process to monitor or copy
pages or the
content contained in them;
(c) use any
device, software or routine to interfere or attempt to interfere with the
proper working of the Site; or
(d) take any
action that imposes an unreasonable or disproportionately large load on
DigiRAMP's infrastructure, including without limitation "denial of service
If you in
any way violate any system or interfere with network security you may incur
criminal or civil liability. DigiRAMP will cooperate fully with investigations
of violations of systems or network security at other sites, including
cooperating with law enforcement authorities in the investigation of suspected
contains copyrighted material, trademarks, service marks and other proprietary
information which may include without limitation: text, software, logos,
trademarks, video, graphics, images, music and sound (collectively
"Proprietary Material"). You agree not to copy, reproduce, modify,
publish, transmit, participate in the transfer or sale of, create derivative
works of, or in any way exploit, in whole or in part, any Proprietary Material
owned by DigiRAMP and/or its customers or authorized representatives on the
Site without first obtaining explicit written permission (and making payment if
required) from the original copyright holder(s) of such Proprietary Materials.
Infringement Claims Procedure
believe that your work has been copied in a way that constitutes copyright
infringement, please forward to DigiRAMP the information described in its
Copyright Infringement Policy (see below) in accordance with the procedures
described in the policy.
not affiliated with sites that may be linked from the Site through hypertext
("Linked Sites"). DigiRAMP has no control over, and is not
responsible for, the content on any Linked Site. The Linked Sites are for user
convenience only and you access them at your own risk.
YOUR USE OF
THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND
"AS AVAILABLE" BASIS, AND DigiRAMP EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
DigiRAMP DOES NOT WARRANT OR GUARANTEE THAT:
1. The site
is compatible with any software, including without limitation Internet browser
2. The site
will be free of infection by viruses, worms, Trojan horses or anything else
manifesting contaminating or destructive properties;
content will be accurate, complete or up to date;
information or other content contained within the site will not contain
defamatory or adult-oriented material, or material which some individuals
may deem objectionable; or
functions or services DigiRAMP performs will be uninterrupted, timely, secure
or error-free or that defects in the site will be corrected.
SPECIFICALLY ACKNOWLEDGE AND AGREE THAT DigiRAMP IS NOT RESPONSIBLE FOR
THE CONTENT DISTRIBUTED ON OR THROUGH THE SITE, AND IT ASSUMES NO
RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY,
CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF INFORMATION PUBLISHED,
USED OR DISTRIBUTED ON THE SITE. Some states do not allow the disclaimer of
implied warranties, so some or all of the above disclaimers may not apply to
sellers, buyers and users use our default pricing matrix and default contract
text at their own risk and responsibility. We make no claims or warranty as to
their "fitness of use" for your business, sales or marketing purpose.
is not responsible for any problems that may arise from your use of its
licensing store, pricing matrix and contract text configuration even if
fraudulently or incorrectly configured, and is not responsible to buyers,
sellers or users for any damage it might do to them. You must review and
approve all settings, contracts, categories and prices, beyond which you use
them at your sole discretion, responsibility and own risk;
is not responsible for any seller and/or buyer disputes over contracts,
payments, deliverable or breaches;
4. Site is
not responsible for bugs, downtime or lost data. DigiRAMP users need to
regularly backup their own media and documents.
sellers, buyers and users are responsible for reviewing the terms, pricing and
wording of any licensing agreement(s) and are responsible for any mistake(s),
omission(s) and/or related contract detail(s) they did not notice;
is not responsible for billing issues or problems related to, or caused by,
Paypal or any other payments processor, including downtime, errors, fees,
rejects or refunds and is not responsible for charge-backs or charge-back fees.
must have a business or premiere Paypal account in order to use the Site.
sellers, buyers and users are responsible for their personal and/or business
tax reporting and payments liability resulting from their sales income as may be
applicable in the state or country they reside and/or do business in.
otherwise noted or by special permission, DigiRAMP will not store your credit
card number, data or information directly on our Site. Any/all credit card
security measures are intended to provide "best practices" for safety
and privacy for you and all our customers.
Publisher's use of the LQ 15 FREE Plan is subject to certain features and usage
limitations as implemented and/or modified (from time to time) by the management.
To remove such limitations, publishers can upgrade to a paid monthly or yearly
subscription plan as needed.
of the form of action (whether in contract, tort, breach of warranty or
otherwise), and except as otherwise expressly provided herein, IN NO EVENT WILL
DigiRAMP OR ITS PARTIES BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER WITH
RESPECT TO YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION ANY DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES EVEN IF
ADVISED OF THE POSSIBILITY OF THE SAME. TO THE EXTENT THAT IN A PARTICULAR
CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH
HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF
IN SUCH PARTICULAR CIRCUMSTANCE, DigiRAMP WILL BE ENTITLED TO THE
MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT
LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN
NO EVENT WILL THE DAMAGES OR LIABILITY EXCEED US $50. Some states do not allow
the exclusion or limitation of incidental or consequential damages under
certain circumstances and the above exclusion or limitation may not apply.
TERMS AND CONDITIONS
limiting other remedies, DigiRAMP may without liability and at its sole
discretion, immediately issue a warning, temporarily suspend, indefinitely
suspend or terminate your access to the Site if:
breach these Terms of Service or any of the documents incorporated by
is unable to verify or authenticate any information you provide to it; or
believes that your actions may cause legal liability to any person or entity.
entitled to terminate any free plan account for any reason at any time.
entitled to discontinue or modify any offered subscription plan for any reason,
once an account's paid subscription period ends.
entitled to disable and/or remove the files from any Free Plan account which
has not been accessed or used by the publisher for 6 consecutive months.
using a Free or Trial plan must not remove the DigiRAMP credit line
(co-branding) at the bottom of the store. Paid subscription plans are allowed
to remove it.
You agree to
indemnify and hold each DigiRAMP Party, including employees, officers,
directors, harmless from any claim or demand, and any damages, costs, or
expenses arising in connection with such claim or demand, including attorneys'
fees and costs, made by any other party due to or arising out of your breach of
these Terms of Service or the documents incorporated by reference, or your
violation of any law or the rights of another party.
You agree to
comply with all applicable domestic and international laws, statutes,
ordinances and regulations regarding your use of the Site.
Agreement and its validity, construction and performance will be governed in
all respects by the laws, and in the state and federal courts of the State of
California, without regard to its choice of law provisions. You irrevocably
agree to accept the exclusive personal jurisdiction and waive any objections to
the venue, of such courts.
dispute, controversy or claim ("DISPUTE") arises out of or relates to
this AGREEMENT, or the breach thereof, the PARTIES agree to submit the DISPUTE
to arbitration to be administered by the American Arbitration Association in
accordance with the local rules of the United States District Court for the
Southern District of California.
shall be settled by arbitration administered by the American Arbitration
Association before a panel of three arbitrators. The site of the arbitration
shall be in Riverside County, California, and any award rendered shall be
binding and not appealable. The PARTIES agree that any award rendered after
arbitration may be filed in any court of competent jurisdiction for
enforcement, but not for review or any other proceedings beyond enforcement.
prevailing party in arbitration shall be entitled to recover its reasonable
costs, fees, and expenses that are directly associated with the arbitration
under this Section. Such recovery shall be included in the arbitration
award for enforcement through the judicial system as set forth in this Section.
ANY PROVISION HEREIN, ANY AWARD FOR ASSIGNOR AGAINST ASSIGNEE SHALL BE LIMITED
TO MONETARY DAMAGES THAT ARISE DIRECTLY FROM THE DISPUTE AND SHALL NOT INCLUDE
ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING
WITHOUT LIMITATION, LOSS OF PROFIT, REVENUE, OPPORTUNITY, DATA, OR USE.
at any time, without notice or liability, change or eliminate the Site or the
content contained therein, or restrict use of any portion of the Site,
including limiting the time of its availability, the amount of use permitted,
or the persons who are permitted to use it. DigiRAMP may at any time, in its
sole discretion, cancel or suspend the Site for any reason, including without
limitation the existence of viruses, bugs, or other causes beyond its control
that corrupt the administration, security or proper function of the Site.
reserves the right to refuse access to the Site for any reason.
amend these Terms of Service at any time by posting the amended terms on the
Site, which will become effective immediately when posted. By continuing to use
the Site after DigiRAMP posts any amendment, you agree to be bound by the
amendment. This agreement may not be amended other than by an authorized
officer of DigiRAMP.
herein are for convenience only and are not intended by the parties of or to
affect the meaning or interpretation of this Agreement.
Signature and Contracts
ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND
INTENT TO BE BOUND BY SUCH AGREEMENTS. YOUR AGREEMENT AND INTENT TO BE BOUND BY
ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU
ENTER INTO ON THE SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS
of Service contain the entire understanding of the parties relating to their
subject matter and supersede any prior written or oral agreement or
understandings between the parties with respect to its subject matter. The
provisions of these Terms of Service are to be interpreted in a reasonable
manner to effect the purpose of the parties, and are not to be interpreted or
construed against DigiRAMP because it participated in their drafting. The
invalidity or unenforceability of any provision of these Terms of Service will
not affect the validity or enforceability of any other provision. DigiRAMP may
assign or transfer this agreement, in whole or in part, to any party without
notice. No agency, partnership, joint venture or employment is created as a
result of these Terms. All terms and conditions of this â€œTerms of
Service" Agreement which by their nature are meant to survive the
termination of the Terms of Service will survive termination. BY USING THE
SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
concerned about protecting the copyright and other intellectual property rights
of others. You may notify DigiRAMP by providing the following information to
our designated agent, as required by D17 U.S.C. Â§512, if you believe you have
a copyright infringement claim resulting from material posted on this website:
electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest;
description of the copyrighted work that you claim has been infringed;
description of where the material that you claim is infringing is located on
address, telephone number, and e-mail address;
statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law; and
statement by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf.
provide your notification to our designated agent who may be contacted as
Address: E-mail: support AT
DigiRAMP.com (replace " AT " with "@")
Upon receipt of appropriate notification from the
complaining party, DigiRAMP will remove or disable access to the material that
is claimed to be infringing. DigiRAMP will take reasonable steps to forward the
complaint notification to the alleged infringer and notify the infringer that
it has removed or disabled access to the material. DigiRAMP will take no active
part in any dispute resolution.
Additional DigiRAMP Terms and Conditions