Use of Digital Juice Services is limited to parties that lawfully can enter into and form contracts under applicable law. We do not offer the Services for use by children. If you are under 18, you may use the Services only with the involvement of a parent or guardian. By subscribing to the Digital Juice Services you confirm that you are over the age of 18 and are lawfully able to enter into this Agreement. If you represent a business or institution you also confirm that your entity is duly organized, validly existing and in good standing under the laws of the jurisdiction in which your entity is registered and that you have the authority to enter into this Agreement and perform your obligations hereunder.Registration Data and Account Security
To become a member and access the Services offered by Digital Juice you must possess or create an account on our Site associated with a valid email address. Membership is available to individuals and businesses who meet the terms of eligibility and whose applications are acceptable to us. Accounts may not be sold or transferred. To create an account and register, you must provide your name, address, phone number and email address, select a password, and provide other information required by the application form. Valid credit card information will be needed to enroll and conduct transactions on our Site. You are responsible for all activities that occur under your account, regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents).
Digital Juice and its affiliates are not responsible for unauthorized access to your account. You will contact us immediately if you believe an unauthorized party may be using your account or if any of your account information is lost or stolen. Your password may be used only to use the Services, electronically sign your transactions, and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party and are solely responsible for any use of or action taken under your password. If your password is compromised, you must change your password. Digital Juice, at its sole discretion, reserves the right to freeze, cancel or revoke your membership account if it suspects you have shared your account login and password or any downloaded Digital Juice media with a third party. Reactivating a frozen, cancelled or revoked account may require human intervention including but not limited to: (a) calling, emailing or faxing the Digital Juice Customer Service Department; (b) providing documentary evidence showing that the breach in security was through no fault of yours; (c) demonstrating that you can safeguard and protect your account registration data and (d) assisting with an investigation and/or prosecution of any third parties who may have illegally gained access to your private account registration data.Digital Juice Service Subscription Fees
By enrolling as a Digital Juice Service subscriber you agree to pay the monthly and/or annual subscription fees applicable at the time of your enrollment and as modified by Digital Juice from time to time ("Subscription Fees"). RECURRING BILLING. PLEASE READ THIS SECTION CAREFULLY. THIS SECTION DISCUSSES THE NEGATIVE BILLING OPTION INVOLVING THE DIGITAL JUICE SERVICES IN WHICH YOU ARE ENROLLING. YOU WILL BE DEEMED TO HAVE ORDERED, AGREED TO RECEIVE, AND BE LIABLE FOR ONGOING MONTHLY OR YEARLY PAYMENTS FOR THE DIGITAL JUICE SERVICES UNLESS YOU NOTIFY US TO STOP PROVIDING THE SERVICES TO YOU. When you enroll with Digital Juice to use our proprietary Services and related digital tools you are agreeing to pay the recurring fee specified in your account application and as the same may be modified by us from time to time until you cancel your enrollment. Digital Juice recurring Service fees are payable monthly or yearly in advance as requested or permitted. Using the payment information provided in your account application your payment method will be automatically charged each month or year.How to Cancel Your Digital Juice Subscription
Unless you follow the subscription cancellation procedures set forth below you will continue to receive Digital Juice Services each month (30 days) and your credit card on file will be automatically charged. You may terminate the auto-renewal of your Subscription at any time by logging into your account, navigating to the Account Settings page and clicking the link to 'Cancel Subscription'. Your request for cancellation will be processed immediately; however, if you have elected to pay monthly, you will be responsible for payment for any calendar month that has already commenced at the time of your cancellation. Cancellation requests submitted prior to the end of a calendar month or year do not result in the return or refund of any partial monthly or annual fee. All subscription fees are non-refundable. Any attempt to cancel your subscription using methods other than the procedure set forth in this Agreement (e.g., via email, fax or telephone) will not be recognized or processed by us. We reserve the right to charge a reconnection fee to members who wish to rejoin after canceling their membership.Content Licensing and Fees
Your use of any Royalty-Free and all other Content made available as part of the Services is subject to the license agreements based on the type of Content and its permitted uses ("End User License Agreement").
The applicable End User License Agreement will grant to you a non-exclusive right to mechanically reproduce and/or synchronize to one or more of the film, video, or audio productions, music and sound effects, animations, images and illustrations, film and video clips, graphical fonts, projects and template, and any other image-based Content which is proprietary and copyrighted, and whose exclusive rights and/or copyrights are held and controlled in whole or part by Digital Juice and its licensors. The End User License Agreement provides the terms and conditions by which you, as a licensee, obtain rights to download and use Content provided by Digital Juice.
After reading and agreeing to the terms and conditions, if you decide to proceed to log into the Site you will at that point be unable to recover a refund. Upon downloading and logging into the store, the sale will be considered final unless otherwise stated. Any outlined trials or promotions will not necessarily comply with these terms. A modified version of terms and conditions may accompany such programs. NO REFUNDS ON CONTENT PURCHASES. ALL SALES ARE FINAL. Any issued or earned store credits or member benefits cannot be used for anything except content available for purchase through the Juicer. In addition, Digital Juice reserves the right to remove (temporarily or permanently) any content from the Site without prior notice. Including Content you may have purchased or downloaded. For the purpose of reducing transaction fees by consolidating multiple Content purchases, Digital Juice, at its sole discretion, may delay sending you a receipt and charging your credit card for up to thirty days. You are responsible for paying all taxes levied in connection with your Content purchases.Payment and Purchase Terms
In order to subscribe to our Services as a member and conduct transactions you must use the Digital Juice Payment Service (the "Payment Service"). You may authorize a payment transaction with any major credit or debit card accepted by us. The Payment Service helps facilitate your transactions with Digital Juice. The Payment Service is generally available seven (7) days per week, twenty-four (24) hours per day, except for downtime due to system maintenance. You agree that as a subscriber to our Services you are responsible for the payment of all federal, state and local taxes imposed by any jurisdiction and that may be assessed in connection with this Agreement and your use of the Services and any Content transactions you enter into with us.
All transactions with Digital Juice are conducted in US dollar currency. Any currency conversion fees or other costs associated with any transactions you initiate in a currency other than US dollars are your sole responsibility. Digital Juice fees are net of any such costs. Should any payment method you use fail or is later reclaimed by a bank or card issuer you agree to pay any costs incurred by us. We accept payments by credit or debit card only.
If any Subscription and/or Content Fees owed by you to Digital Juice remain unpaid for 30 days past the due date Digital Juice, in its sole discretion, may suspend or cancel your membership account, and take any steps it deems necessary to collect unpaid fees from you. We reserve the right to charge interest at the maximum rate permitted by applicable law on all amounts that remain outstanding 30 days after payment is due. You are responsible for all costs and expenses incurred by Digital Juice in connection with any collection activity.
If your account has been suspended, you must contact Digital Juice Customer Service at email@example.com to reactivate your account. You represent to Digital Juice that the payment information you provide to us during the account registration process is current, accurate and correct and that the payment mechanism you provided is sufficient to cover payment of the recurring Subscription Fees and any Content Fees.Monthly Allotment
Each membership plan is limited to a monthly allotment of data transfer bandwidth. This bandwidth allotment is measured in gigabytes. This data transfer allotment can be used for the downloading of previously purchased Legacy products in addition to products selected for download in the new Digital Juice Store. The data amount is 15gb per month for Pro & Standard Membership Plans. This membership allotment will accrue between subscription periods. Once this transfer amount has been surpassed, the user will be asked to purchase additional bandwidth. The current charge for extra bandwidth is $1.99 per 5GB. This purchased additional bandwidth allotment does not expire while membership is current. If cancellation occurs, this amount will not be refunded.The Digital Store & Content
The online Digital Juice Store is where Members access, browse, and download content including but not limited to animations, sound effects and music, stock photos and film clips, still graphics, projects and templates, and other content types. It should be understood that a browser application is required to download Content purchased by you from the Site. Content is provided in universally accepted digital formats as solely determined by Digital Juice and it is up to you to convert (when required) and import into your editing software and creative applications.
Use of the Store requires a compatible browser and Internet access in order to download and to function fully. High-speed Internet access is strongly recommended for browsing, and downloading all Content types. Digital Juice does not guarantee download speeds or the reliability of the Internet.
Digital Juice is under no obligation to remedy, fix or otherwise modify the Digital Juice content in any way so that it works on or with your systems or devices. In the event that you are unable to use the content, your only recourse is to cancel your subscription and delete the content. All Content downloaded from the Site is provided “as is” with no guarantees that it will work on your devices or systems. Any defective downloaded purchased Content will be corrected and made available to you at our earliest convenience and sole discretion.
READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT PRIOR TO VISITING THE STORE OR DOWNLOADING ANY CONTENT. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT DOWNLOAD CONTENT.
We retain and reserve all rights not expressly granted to you in this Agreement. Subject to Your acceptance and ongoing compliance with the terms of this Agreement, we grant you a personal, non-exclusive, non-transferable, and limited license to access and use the Digital Juice Store on a single authorized computing device at a time. Digital Juice reserves the right to limit the number of browsers and individual user has open and logged in to at any time and for any reason. The maximum number of Digital Juice Stores that can be opened and logged in on any one account at a time is two.
The types of Content granted to you to download is based on your Membership plan and is subject to change based on the soleThe Digital Software
The Juicer media management and conversion utility is an optional software application available for select Membership plans that supports current Digital Juice products including but not limited to animations, sound effects and music, stock photos and film clips, still graphics, projects and templates, and other software applications. It should be understood that the Juicer application is a desktop based application that is optional and not required to download Content downloaded by you from the Site, and also serves as a utility for you to browse, preview, locate and sort your individual library of Content and then copy and convert those files into formats that are compatible with your editing software.
Use of the Juicer and any other Software applications requires compatible devices and Internet access in order to download and synchronize periodic updates, new purchases, features and to function fully. High-speed Internet access is strongly recommended for browsing, updating all Software and downloading all Content types. Digital Juice does not guarantee download speeds or the reliability of the Internet. The latest version of the Software may be required in order for certain features or file types to download and work properly. In order to help insure that: (a) you receive uninterrupted use of your licensed Software; (b) reliable file synchronizations, updates and enhancements and; (c) that you remain compliant with the terms and conditions of your Membership Agreement; it is strongly recommended that users make certain to keep up with all updates and fixes via the Workbench application.
Your use of the Juicer and all other Digital Juice applications is subject to these License Terms. READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT PRIOR TO INSTALLING OR USING THE DIGITAL JUICE APPLICATIONS. IF YOU DO NOT ACCEPT THESE TERMS, YOU MAY NOT DOWNLOAD THE WORKBENCH APPLICATION OR YOU MUST DELETE THE APPLICATION FROM YOUR COMPUTER OR OTHER HARDWARE. PLEASE NOTE THAT YOU MAY NOT USE, COPY, MODIFY OR TRANSFER THE JUICER APPLICATION OR ANY COPY THEREOF, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT.
All software applications are owned by and is being provided to you by Digital Juice. You understand and agree that this is a license and not a sale of the applications. You agree that the Digital Juice applications contain proprietary information and materials owned by Digital Juice and protected by applicable intellectual property and other laws, including but not limited to laws pertaining to trade secrets, trademark, copyright and patents, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Digital Juice applications in compliance with the terms of this Agreement. Your rights to use these applications are limited to the terms specified in this Agreement. We retain and reserve all rights not expressly granted to you in this Agreement.
Subject to Your acceptance and ongoing compliance with the terms of this Agreement, we grant you a personal, non-exclusive, non-transferable, and limited license to install and use the Digital Juice applications on a single authorized computing device at a time. Digital Juice reserves the right to limit the number of installed Juicers for any user at any time and for any reason. The maximum number of Juicers allowed on any one account at a time is three.
You may not make copies of the Digital Juice applications, modify or create derivative works of the Digital Juice applications, decompile or reverse engineer the application or otherwise attempt to create the source code from the application, or in any way attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the application. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the application. No portion of the application may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, or distribute the application, in any manner, and you shall not exploit the applications in any unauthorized way whatsoever.
Digital Juice reserves the right, at any time and from time to time, to update, revise, remove, supplement, and otherwise modify the Digital Juice applications and to impose new or additional rules, policies, terms, or conditions on your use of the applications. Unless expressly stated to the contrary, such updates, revisions, removal, supplements, modifications, and additional rules, policies, terms, and conditions associated with these License Terms will be effective immediately and incorporated into this Agreement. Your continued use of the Digital Juice applications following our posting of any additional License Terms will be deemed to constitute your acceptance of the same. The most recent version of these License Terms is always available for viewing at the Site.
You must provide at your own expense the hardware, computer, equipment, internet access, or wireless connection to access and use the Digital Juice applications.
Digital Juice reserves the right to modify or its software to the extent it may render projects or content created with previous version obsolete and therefore unreadable by newer versions. Digital Juice is not obligated to make such projects or content usable in the new software application and is not obligated to make older versions of the software available.
Digital Juice also maintains the right to remove any software utility, tool, application, or feature without warning and for any reason. Both from a specific user(s) or from the system as a whole. The Digital Juice applications may offer features that allow you to, among other things, submit, store, manipulate and distribute Content or other content selected or produced by you ("Individual Content"). You represent and agree that such Individual Content and any use by you of features of the application or our Services that allow for the transmission, posting or sharing of Individual Content shall be your sole responsibility, shall not infringe or violate the intellectual property or other rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, defamatory, objectionable or in poor taste, and that you have obtained all necessary rights, licenses or clearances necessary to engage in such activities.
YOU SPECIFICALLY ACKNOWLEDGE THAT DIGITAL JUICE SHALL NOT BE LIABLE FOR ANY INDIVIDUAL CONTENT OR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT ARISING OUT OR RELATED TO YOUR USE OF THE JUICER APPLICATION, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU ACKNOWLEDGE AND AGREE THAT DIGITAL JUICE IS NOT RESPONSIBLE FOR ANY CONTACT OR INTERACTION BETWEEN YOU AND ANY OTHER USER OF THE APPLICATION OR ANY RECIPIENT OF YOUR INDIVIDUAL CONTENT AND THAT YOU BEAR THE SOLE RISK OF TRANSMITTING THROUGH THE APPLICATION ANY CONTENT, INCLUDING INFORMATION WHICH IDENTIFIES YOU OR YOUR LOCATION.
Digital Juice is under no obligation to remedy, fix or otherwise modify the Digital Juice applications or other Software in any way so that it works on or with your systems or devices. In the event that you are unable to use the Juicer application or other Software, your only recourse is to cancel your subscription and delete the Software. All Content downloaded from the Site is provided “as is” with no guarantees that it will work on your devices or systems. Any defective downloaded purchased Content will be corrected and made available to you at our earliest convenience.
The Software may automatically download and install updates from Digital Juice. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new Software modules, updated content files, and completely new versions. You agree to receive such updates (and permit Digital Juice to deliver these to you with or without your knowledge) as part of your use of the Services.
DIGITAL JUICE SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR USE OF OR PARTICIPATION IN ANY SERVICES AND YOUR USE OF MATERIALS. ANY MATERIAL DOWNLOADED, MADE AVAILABLE, OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. DIGITAL JUICE ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR SIMILAR CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM ANY OF THE SERVICES.Community Area and Rules of Conduct
The Digital Juice website may include discussion forums and other interactive areas to communicate and/or display member-generated photos, videos and other audio-visual content (collectively “user generated materials” or “Materials”). The provisions below set out the rules for contributing content, how we and other users may use your Materials and how you can use their Materials.
You agree that Digital Juice retains the right to create reasonable limits on the use of the Materials, including Your Material, such as limits on file size, storage space, processing capacity, and Digital Juice takes no responsibility in a case where something offensive gets said or a work is copied and shared via our community section. Users must enter into this area of the site knowing that everything done and posted is not under the control of Digital Juice. Digital Juice will do the best it can to monitor for any offensive or illegal activities, but does not guarantee anything.
You agree that you, not Digital Juice, are entirely responsible for all of Your Material that you Share, whether publicly posted or privately transmitted. You assume all risks associated with use of Your Material, including any reliance on its accuracy, completeness, or usefulness.
Digital Juice may allow other Users to comment on Your Shared Material unless you disable the commenting feature.
For Your Shared Material that's Shared in a public forum (such as discussion boards or public galleries that may be browsed by anyone with an internet connection, etc.), you grant Digital Juice a worldwide, royalty-free, non-exclusive, transferable, and sublicensable license to adapt, display, distribute, modify, perform, publish, reproduce, translate, and use Your Shared Material for the purpose of operating and improving the Services and enabling your use of the Services. You may revoke the license and terminate Digital Juice's rights at any time by making it no longer available and Shared.
You acknowledge and agree that although Digital Juice endeavors to provide security measures to protect Your Material (including Your Shared Material that you Shared privately), Digital Juice is not liable for any damages resulting for the disclosure of Your Material.
You acknowledge and agree that accessing or using the Services or Materials may expose you to Materials (including Shared Group Material) from others that you may consider offensive, indecent, or otherwise objectionable, and agree to accept that risk.
Digital Juice may allow other Users to comment on Your Posted Material unless you disable the commenting feature.
You agree that Digital Juice has no liability of any kind should other Users use, modify, destroy, corrupt, copy, or distribute your Shared Material in violation of the limitations that you may impose on its use.
We encourage our members to make full use of the Site and participate in the Digital Juice community. However, to ensure that everyone has an enjoyable and satisfying experience, we require that you abide by the guidelines set out below. Child safety is of paramount concern to us. While our moderators will have regard to these provisions, their decision (for example, as to removal of any Materials) will be final.
You agree that:
By posting or uploading any Materials to the Site, whether text, graphic, audio-visual or otherwise, you are promising to us and to other users that: (i) you either own all rights (including copyright) in those Materials or that you have obtained the necessary permissions to make the Materials available through the Site in accordance with this Agreement and permit its use by Digital Juice and by any third parties we authorize and that you will provide us with evidence of such permissions should we require it; and (ii) you will not be infringing anyone's rights or breaching any law or regulation (including data protection and privacy laws) by contributing that Materials and by allowing it to be used in the ways described in this Agreement.Who May Use your Materials and How They May Use It
When you contribute Material to the Site you are granting us and any third parties we authorize unlimited, non-terminable and free permission (including the right to sub-license that permission) to use, re-use, copy, adapt, abridge, amend, distribute, modify, translate, publish, perform, display, develop, reproduce, communicate to the public and to make your Materials otherwise available in any form and/or by any media (whether now known or hereafter devised), whether on a commercial or non-commercial basis anywhere in the world. By way of example only, this will include permission to;
You are granting to every other user of the Site unlimited, non-terminable and free permission to use all or any part of your Materials on the same terms as you are permitted to use their Materials as described below.Your Permitted Use of Other User's Materials
You may view any Materials posted to the Site for your own personal and non-commercial purposes only. You are not, in any circumstances, permitted to:
You are granting to every other user of the Site unlimited, non-terminable and free permission to use all or any part of your Materials on the same terms as you are permitted to use their Materials as described below.Monitoring Your Materials
Before permitting any Material to appear or otherwise be disclosed on the Site, we reserve the right to review it (including any posts and uploads, made by users to the Site) and to remove any material that breaches the rules set out in this Agreement. Any postings or uploads on the Site do not constitute any form of recommendation, representation, endorsement or arrangement by us. We make efforts to prevent unlawful or otherwise inappropriate material from appearing on the Site by removing such material before it appears. However, we cannot guarantee that all such material is removed from every post and upload. In particular we have no control over and are not responsible for the truth or accuracy of any user generated content and we are not responsible for verifying the ownership of any user generated content posted or uploaded onto the Site.
Please note that any information posted via the functionality available on the Site is the opinion of the person posting or sending only and does not necessarily reflect our opinions or attitudes. Although we have rules for the posting and uploading of user generated content, our interactive features may be misused and sometimes content can still be posted that is misleading, deceptive or inaccurate. You should not therefore rely on information being accurate or complete. You accept that if you do rely on the information posted or uploaded, you do so at your own risk.
To be clear, each user acts on his/her own behalf at all times and does not act as our representative or agent in any way. We do not endorse nor are we responsible for any of the actions of any user of the Site.Electronic Correspondence
You consent to allow Digital Juice to electronically send you disclosures, notices, agreements, invoices, updates, promotional correspondence and other useful information related to your membership, and other services using electronic communications mediums including, but not limited to, the Internet, email and text messaging. In order for you to access the Services and/or receive this type of information, you must have access to an Internet-ready computer.
Since email and other mediums will be used to communicate this information with you, you should regularly review and update (if necessary) your contact information contained in the User Profile of your account settings.Term and Termination
Access to the member portion of the Site is a paid subscription service unless free access is granted. As long as you are a subscriber with a current account in good standing you will continue to have access to the Services and Content made available to you under this agreement. Your account will remain effective until canceled by you or fail to make the required payments for continued use. To cancel your account, log in to access your Account Settings and then select or click the "Cancel Subscription" link.
Digital Juice reserves the right to restrict, suspend or terminate your right to access the membership portions of the Site, Software and Content, both online and from any device and/or operating system at any time and for any reason without prior notice or liability. Digital Juice may change, suspend, discontinue or delete any aspect of the Site, the Services and Software at any time, including the availability of any feature, database, application, record or Content. If this occurs, we will make a professional good faith attempt to make all subscribers aware of the changes.
Any termination of your member account does not relieve you of your responsibility to pay any amounts due to Digital Juice or your obligations to refrain from use of the membership portions of the Site, Software or any Content other than in the manner permitted under this Agreement or any other agreement entered into at the time such Content was downloaded (such as an End User License Agreement).
Digital Juice reserves the right to alter or terminate any and all subscriber plans or this agreement at any time. Based on Digital Juice's sole determination of necessity, a professional good faith effort will be made to notify the user and if deemed applicable make a user whole who would be affected by the change. Up to and including a refund of money paid, be it in full or prorated based on service use or elapsed time.
After reading and agreeing to the Terms and Conditions, If you decide to proceed to sign into the site, and download your first piece of content, Digital Juice will consider the transaction final. At that point you will be unable to recover a refund.