Welcome, Guest

Digital Juice Terms of Service

LAST UPDATED: JANUARY 31, 2017

Introduction

Access to the member portions of the Digital Juice website (the “Site”) is conditioned upon your agreement to these terms and conditions and the Digital Juice Privacy Policy, along with any additional terms and conditions that may be referenced herein or that are presented elsewhere on the website in relation to a specific service or feature, which together constitute your agreement with us (collectively the “Agreement”). If you are using the Digital Juice Services on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with Digital Juice. If you do not wish to enter into the Agreement then do not enroll to use our Services. Capitalized terms used in this Agreement and not defined herein are defined in the Terms of Service.

Eligibility

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 legal age or legally incompetent, 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 the age of 18 (however, if applicable law requires that you must be older in order for the Digital Juice to lawfully provide its services to you, then your age must be such older age) or older 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, in addition to the other terms of this Agreement, you must provide your real 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). You must have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party. You further agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) not use other’s accounts; (4) not sell, trade, or transfer your Digital Juice account to another party; (5) not charge anyone for access to any portion of the Digital Juice, or any information therein; (6) not provide information that is false or misleading. Digital Juice may require additional terms and conditions for membership and/or deny membership to party at Digital Juice’s sole discretion.

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; Contact (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 CANCEL VIA YOUR ONLINE ACCOUNT OPTION. 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 any charges you may incur in connection with your use of the Digital Juice service to your payment method, 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. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, abnormal and/or unforeseen costs for the services rendered on behalf of a member, and/or changing or adding a plan, and you authorize us to charge your payment method for such varying amounts, which may be billed monthly in one or more charges. If Digital Juice does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Digital Juice or its agents. The final charges on your credit card may be different than those stated on the website.

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, which may be amended from time to time at the sole discretion of Digital Juice, to members who wish to rejoin after canceling their membership. Any promotional plan for Digital Juice is exclusive to new Members and a person who reinstates their membership shall not be eligible to receive any promotional plan pricing that Member had prior to cancellation or is currently being offered to new Members.

Content Licensing and Fees

Your use of any Content made available as part of the Services is non-exclusive, royalty-free and 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 grants 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 or audio 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 and complete the download process of one piece of digital content, 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 content store.

Digital Juice reserves the right to remove (temporarily or permanently) any content from the Site without prior notice, including, but not limited to, Content you may have previously 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, unless Digital Juice agrees to an alternate arrangement on a case by case basis.

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 customerservice@digitaljuice.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 any Content Fees or any Bandwidth Fees.

Each member shall be solely responsible for all sales taxes, or other taxes, or similar governmental charges, if any. Digital Juice does not collect sales or use taxes in all states. For states imposing sales or use taxes, your purchase may be subject to a sales or use tax unless the service is specifically exempt from taxation. Your purchase is not exempt merely because it is made over the Internet or by other remote means. Many states require purchasers to file a sales/use tax return at the end of the year reporting all of the taxable purchases that were not taxed and to pay tax on those purchases. Details of how to file these returns may be found at the websites of your respective taxing authorities.

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 & 10gb per month for Standard Membership Plans. This membership allotment will accrue between subscription periods to a maximum of 120GB for Standard members and 180GB for Pro members. Once this transfer amount has been surpassed, the user will be asked to purchase additional bandwidth. This purchased additional bandwidth allotment does not expire while membership is current. If cancellation occurs, any amount used to purchase additional GB 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 solely your responsibility for having the capability of using Digital Juice Content, 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. Digital Juice is not responsible for any damage to your computer system or devices or loss of data that results from the download of the Content. 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 on an “as is” and “as available” basis with no guarantees that it will work on your devices or systems. Any downloaded purchased Content that is defective because of Digital Juice 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 terms of this Agreement.

All of the information on Digital Juice website and software contain copyrighted material, trademarks and other proprietary information, including all text, graphics, software applications, video and audio files and photos, and all rights in the pages and the screens displaying the pages are owned by Digital Juice and its community or affiliated entities or their licensors or other third parties, protected by copyright under United States copyright laws, Florida, and foreign laws. Digital Juice owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, reproduce, copy, distribute, transmit, display, publish, sell, license, create derivative works of or use any aspect of the website or its content, including, but not limited to copy, graphics, photos, web design, and the like for commercial or public purposes or on any other website or in a networked computer environment or engage in any other redistribution or republication of the protected content herein unless you are the legitimate owner of such content. All rights are reserved, including common law or registered trademarks, service marks, trade names, logos, URLs, domain names, and icons appearing on this website, which are owned by Digital Juice and its community or affiliated entities or their licensors. Nothing on this website grants you any right or license to use any intellectual property including business methods or processes without the express written permission of Digital Juice. No material appearing on any Digital Juice domain may be copied, distributed, posted, reproduced, republished, sold, transmitted, uploaded, or exploited in any means or for any use not approved of in writing by Digital Juice at the address above. You agree not to copy, duplicate, reproduce, sell, resell or exploit for any commercial purposes, any portion of this website, its use or access to it. You further acknowledge that you do not acquire any ownership rights by downloading copyrighted material. Digital Juice reserves the right to seek compensation and attorney fees from any member assisting in the violation of Digital Juice’s intellectual property rights, including, but not limited to, copyright theft or allowing an unauthorized individual access to Digital Juice’s copyrighted material.

Any information sent to Digital Juice via Internet e-mail or through the website is not secure and is done on a non-confidential basis. All information that you submit via our websites or related e-mail shall be deemed and remain the property Digital Juice subject to Digital Juice’s privacy policy. If you post, upload, submit or otherwise transmit any content on or through this website, you agree to provide true, accurate and complete information and to refrain from impersonating any person or entity and from falsely representing your affiliation with any person or entity. Any submission of such information will be subject to these terms of use. We shall, subject to Digital Juice’s privacy policy, be free to use, for any purpose, any ideas, concepts, know-how or techniques contained in information a visitor to this website provides to us through this website. We shall not be subject to any obligations regarding such information except as expressly indicated with respect to personally identifiable information in statement contained within the website addressing privacy or to the extent required by law.

NO WARRANTY – DISCLAIMER – INDEMNITY

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.

DIGITAL JUICE SPECIFICALLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THIS WEBSITE OR YOUR USE THEREOF. THE CONTENT, INFORMATION AND SERVICES PROVIDED THROUGH THIS WEBSITE, INCLUDING BUT NOT LIMITED TO GRAPHICS, TEXT AND LINKS TO OTHER SITES, ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS AND MAY BE CHANGED WITHOUT PRIOR NOTICE. YOU EXPRESSLY AGREE THAT THE USE OF THIS WEBSITE IS 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 MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE ACCURACY, ADEQUACY, APPROPRIATENESS, COMPLETENESS, CONDITION, CONTENT, QUALITY, RELIABILITY, SUFFICIENCY, CORRECTNESS, VERACITY, VALUE, COMPLETENESS, OR TIMELINESS OF THE CONTENT, INFORMATION, OPINIONS, ADVICE, SERVICES, TEXT, GRAPHICS, LINKS OR OTHER ITEMS PROVIDED THROUGH THE WEBSITE OR WHETHER SAME WILL BE UNINTERRUPTED. UNLESS SPECIFICALLY SPECIFIED WITHIN THIS AGREEMENT, DIGITAL JUICE EXPRESSLY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NON INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. VARIATIONS IN STATE LAW MAY EXIST, AND ANY STATEMENTS THAT ARE GENERAL IN NATURE ARE SUBJECT TO CHANGE BASED ON SUCH VARIATIONS. AVAILABILITY OF CONTENT MAY BE DEPENDENT UPON STATE REGULATIONS.

LIMITATION OF LIABILITY

THE INFORMATION CONTAINED ON THE DIGITAL JUICE WEBSITE IS PROVIDED FOR EDUCATIONAL AND INFORMATION PURPOSES HEREIN BY THIRD PARTIES. DUE TO THE RAPIDLY CHANGING NATURE OF WORK ENVIRONMENTS, POSTINGS, AND THE LAW, DIGITAL JUICE DOES NOT WARRANT OR GUARANTEE THE ACCURACY OR AVAILABILITY OF THE CONTENT ON THIS WEBSITE OR ON OTHER SITES TO WHICH IT LINKS.

OTHER THAN AS REQUIRED BY APPLICABLE LAW, IF ANY, IN NO EVENT SHALL DIGITAL JUICE OR ITS SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS, SUBSIDIARIES, COMMUNITY, AFFILIATES, LICENSORS, CO-BRANDERS OR OTHER PARTNERS, AND ANY AND ALL THIRD PARTIES THAT PROVIDE CONTENT, INFORMATION OR SERVICES FOR THIS WEBSITE BE LIABLE TO YOU FOR ANY LOSS, EXPENSE OR DAMAGES WHATSOEVER ARISING OUT OF THE USE OF, MISUSE OF, RELIANCE ON, OR INABILITY TO USE, THE WEBSITE OR ITS CONTENT, REGARDLESS OF: THE TYPE OF DAMAGES (INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, LOSS OF DATA, INCOME, PROFITS OR REVENUE, LOSS OF OR DAMAGE TO PROPERTY, AND CLAIMS OF THIRD PARTIES - EVEN IF DIGITAL JUICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES); HOW IT WAS CAUSED (DIRECTLY OR INDIRECTLY BY ANY ERRORS OR OMISSIONS IN THE CONTENT, BY THE USE, INABILITY TO USE, EXISTENCE OR RELIANCE UPON SUCH CONTENT, INFORMATION OR SERVICES, BY THE USE OR PERFORMANCE OF THIS WEBSITE, BY THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, BY THE INFORMATION OR SERVICES PROVIDED THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEBSITE); OR THE LEGAL THEORY ASSERTED (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE). DIGITAL JUICE ASSUMES NO DUTY OF CARE AND THE INFORMATION IS PROVIDED WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND FREEDOM FROM COMPUTER VIRUSES OR SIMILAR DISABLING DEVICES. YOU ALONE ARE RESPONSIBLE FOR EVALUATING THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, ADVICE OR OTHER CONTENT AVAILABLE ON THIS WEBSITE. IDEAS YOU POST AND INFORMATION YOU SHARE MAY BE SEEN AND USED BY OTHERS, AND DIGITAL JUICE CANNOT GUARANTEE THAT ANOTHER WILL NOT USE THE IDEAS AND INFORMATION THAT YOU SHARE ON DIGITAL JUICE. DIGITAL JUICE IS NOT RESPONSIBLE FOR ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON DIGITAL JUICE AND WHETHER OTHERS MAY USE THAT INFORMATION TO VIOLATE APPLICABLE LAW.

ALTHOUGH DIGITAL JUICE MAKES GOOD FAITH EFFORTS TO MAINTAIN A SECURE OPERATING ENVIRONMENT, DIGITAL JUICE CANNOT GUARANTEE COMPLETE SECURITY. BY VISITING DIGITAL JUICE WEBSITE, YOU AGREE TO INDEMNIFY AND HOLD DIGITAL JUICE, AND ITS SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, AGENTS, SUBSIDIARIES, COMMUNITY, AFFILIATES, LICENSORS, CO-BRANDERS OR OTHER PARTNERS, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU DOWNLOAD, SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE WEBSITE, YOUR USE OF THE WEBSITE, YOUR CONNECTION TO THE WEBSITE, YOUR VIOLATION OF THE TERMS AND CONDITIONS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the website or related services, or with any of these terms of use, your sole and exclusive remedy is to stop using the website and related services.

Community Areas 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,” “Materials” or “Shared 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, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to adapt, create derivative works from, 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 also grant Digital Juice and its affiliates the right to use the name that you submit with any review or comment, if any, in connection with such review or comment. 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 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 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:

  • any user generated content that you post or upload does not contain any personal information about you or any other person. This includes any information that could potentially identify an individual such as their surname, date of birth, email or home address, information about their family or other contact information;
  • you only contribute posts that are no longer than 999 characters;
  • any text you post is in one language only;
  • all information provided by you to us is accurate, true and up to date in all respects and at all times and is not misleading in any way;
  • all user generated content posted by you is lawful and not defamatory, abusive, threatening, harassing, obscene, discriminatory, likely to cause distress, intended to incite hatred or otherwise objectionable or embarrassing to any other person;
  • after receiving a warning, you will not continue to post or transmit comments that are not related to the subject matter of the page on which the comments are being posted;
  • you will only use the Site (and any information and content obtained from it) lawfully and only for the purposes for which it has been provided and in accordance with this Agreement;
  • you will not harass or mislead or act unlawfully towards any person that you have contacted via the Site;
  • you will cease to contact anyone that you have contacted through the Site immediately if they request you to do so; and
  • any content you upload is not in breach of any copyright and in the case of any content that you do not own, you have permission from the copyright owner to use and to permit its use as contemplated by this Agreement.

You agree that you will not:

  • distribute or post any links including links to websites, files or links that open or run programs;
  • distribute or post any messages in relation to a dispute about any decision we make concerning your conduct under this Agreement;
  • distribute or post spam, in particular by sending unsolicited marketing messages or other messages to anyone, or distribute or post chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm the Site or the interests of any users of the Site or otherwise interfere with or disrupt our systems;
  • post or transmit any advertisements for, or solicitations of, business;
  • except as permitted under this Agreement and any under the terms of any Content you license, copy, modify, or distribute our content or trademarks or any content or trademarks owned by a third party unless you have their explicit permission;
  • impersonate another Digital Juice user or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • allow any other person or entity to use your login details or account for posting or viewing comments or for communicating with other Digital Juice users;
  • continue to use the Site or Services while your account is temporarily suspended or after your account has been permanently terminated, including where access to the Site or any Content has been removed;
  • make, negotiate or enter into any arrangements or agreements through the Site; or
  • engage in any other conduct that restricts or inhibits any other persons from using or enjoying the Site or which, in our judgment, exposes us to any liability or detriment of any type.

Third Party Websites

As a convenience to you, Digital Juice may provide links to third party websites, or permit third parties to link to or occupy space on the website or advertise on the website. Because these other websites and advertisements are not under our control, we cannot guarantee the quality, accuracy, timeliness or security of those websites or information. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Digital Juice, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. A link to or from another website does not necessarily imply an affiliation between Digital Juice and the third party website owner or an endorsement of the third party site or any goods, services, or listings that it describes. Your access to and use of any other websites linked to or from this website or any result of the presence of third-party advertisers on this website is at your own risk and we assume no obligation or liability in connection therewith. We may disable a link at any time and may remove links from this website at the third party owner’s request.

Content you Post or Upload

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;

  • make your Materials available through the Site to other users;
  • include Materials in Digital Juice newsletters; and
  • allow any third parties authorized by us to reproduce, display, publish, communicate, perform and/or embed your Materials on their platforms, including their websites and applications.

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:

  • make commercial use of any such content;
  • edit any such content; or
  • remove, obscure or otherwise tamper with any copyright and proprietary notices that relate to or are contained within the content.

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, or for any other reason. 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.

Production Gear Ordering Info

International Orders

All international orders will be verified with the credit card issuing bank and the credit card holder. This process can take 1-3 business days. Once verification and approval are obtained, your order will be shipped. Your order may be subject to customs fees and import duties of the country to which you have your order shipped. You agree to pay all local and regional duties, import fees and taxes related to your order. In the event you refuse to pay these charges at time of import, you agree to allow Digital Juice to charge your credit card accordingly. Shipping and delivery dates for your order will be based on the availability of the product and the shipping options you choose.

Sales Tax

Orders shipping to Florida are subject to 6% sales tax plus any discretionary sales surtax imposed by the county the order is shipped to. Any request for tax exemption must be accompanied by a tax exempt certificate faxed to 407-995-6785. Taxpayer Identification Number: 59-3479060.

Shipping

All orders are shipped via UPS. Shipping charges will be added to all orders. Shipments will be sent UPS ground unless otherwise specified. Please note that additional charges apply for UPS air shipments based on the size and weight of your order. Contact our Customer Service Department for options and specific air freight charges. UPS air charges are based on the current posted UPS rates. By default domestic shipments require a signature upon delivery. If you would like to waive the signature, please indicate this by selecing the option on the shipping page during checkout. Additional charges may apply. All international shipments do require a signature upon delivery. UPS does not ship to post office box addresses. This includes personal PO boxes that are rented at retail centers. Online orders or purchase orders with a shipping address to a post office box will be delayed until we have a valid shipping address. We cannot ship COD.

Return Policy

If you are not completely satisfied with your order, you can return it at your own expense within 30-days of the purchase date for a refund of the purchase price of the product. Claims for missing items or items damaged in transit must be received within 5 business days of receipt of merchandise (no exceptions). You have the option of exchanging * the item(s) or receiving a full refund for the full amount of the item purchased. Refunds on returned items will be issued in the same payment form as presented at time of purchase. Please read the terms and conditions below. If the terms and conditions are not met, Digital Juice reserves the right to refuse the return or charge a restocking fee of not less than 15%.

  • Request a Return Merchandise Authorization (RMA) number from our customer service department by emailing customerservice@digitaljuice.com.
  • You must provide a copy of the invoice dated within 30 days of purchase.
  • All returns must be new, unused, and contain all original packaging, labels and accessories.
  • The original product must be returned inside your shipping box with our RMA number clearly printed on at least 3 sides of the shipping box. DO NOT MARK THE ORIGINAL PRODUCT PACKAGING.
  • Digital Juice suggests using a ground carrier that provides tracking and insurance. Digital Juice is not responsible for lost shipments.

      Return Address:
      Digital Juice, Inc.
      7741 SE 59 Court
      Suite 100
      Ocala, FL 34472
      

*Applicable charges apply. Email customerservice@digitaljuice.com for exchange authorization and information.

The above terms and conditions are subject to change at any time. Please email customerservice@digitaljuice.com if you have any questions.

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.

Modifications to the Agreement

The Agreement and the services of Digital Juice are subject to updating at any time without notice and such changes, additions or deletions shall be effective immediately upon posting. Digital Juice may modify, add, replace, change, refuse access to, suspend, discontinue, terminate the Site, including the availability of any features of the website, partially or entirely, or change and modify our fees prospectively for all or part of the services for you or for all its members in its sole discretion. Digital Juice continually updates its service, including the content library, and there is no assurances as to the numbers, sizes, types of Content within the library will remain the same. All of these changes shall be effective upon their posting on the Digital Juice or by direct communication to you unless otherwise noted. If at any time you do not accept the terms and conditions, do not access the website or any of its pages or use the Services. Digital Juice further reserves the right to withhold, remove or discard any content available as part of your account, with or without notice if deemed by Digital Juice to be contrary to this Agreement. For avoidance of doubt, Digital Juice has no obligation to store, maintain or provide you a copy of any content that you or other members provide when using our services.

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.

Notify Us of Acts Contrary to the Agreement

If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least thirty (30) days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.

International Users - Venue - Choice of Law – Miscellaneous

These Terms and any operating rules for this website established by Digital Juice constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these terms are for the benefit of Digital Juice, its parent, subsidiaries, other affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. This website is controlled and operated by Digital Juice from offices within Orange County, Florida, United States of America where you submit to the exclusive jurisdiction and venue of the courts. We make no representation that materials at this website are appropriate or available for use outside of the United States or that access to their content from all territories is legal. You may not use the website or export the website materials in violation of U.S. laws and regulations. If you access this website from locations outside of the United States, you are responsible for compliance with all local laws. In any action, special proceeding or other proceeding that may be brought arising out of, in connection with, or by reason of this Agreement, the laws of the State of Florida shall be applicable and shall govern to the exclusion of the law of any other forum, without regard to the jurisdiction in which the action or special proceeding may be instituted. Any action regarding this Agreement shall be brought in the Circuit Court of the 9th Judicial Circuit in and for Orange County, Florida, and the undersigned consents to the jurisdiction of such courts and waives and agrees that it shall not assert that such forum is inconvenient.

Severability.

If any provision of this Agreement, or portion thereof, including, but not limited to, any section, sentence, clause, phrase, or word, or the application thereof in any circumstance is held illegal, invalid, void, or invalid the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision and the validity of the remainder of this Agreement shall not be affected thereby and shall be enforced to the greatest extent permitted by law.

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