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DigiBoogie Terms of Use

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use DigiBoogie's website, products or services if you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", "You" and "Your" refers to you, the person accessing this website and accepting the Company's terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services/products, in accordance with and subject to, prevailing law of Unites States. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
We employ the use of cookies. By using DigiBoogie's website you consent to the use of cookies in accordance with DigiBoogie's privacy policy.
Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.
Unless otherwise stated, DigiBoogie and/or it's licensors own the intellectual property rights for all material on DigiBoogie. All intellectual property rights are reserved. You may view and/or print pages from http://bizvuu.com for your own personal use subject to restrictions set in these terms and conditions.
You must not:
• Republish material from http://digiboogie.com
• Sell, rent or sub-license material from http://digiboogie.com
• Reproduce, duplicate or copy material from http://digiboogie.com
• Redistribute content from DigiBoogie.com (unless content is specifically made for redistribution).
This Agreement shall begin on the date hereof.
Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data ('Comments') in areas of the website. DigiBoogie does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of DigiBoogie, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws DigiBoogie shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
DigiBoogiereserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
You warrant and represent that:
• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
• The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
• The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant to DigiBoogie a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
The following organizations may link to our Web site without prior written approval:
• Government agencies;
• Search engines;
• News organizations;
Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
We may consider and approve in our sole discretion other link requests from the following types of organizations:
• commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
• dot.com community sites;
• associations or other groups representing charities, including charity giving sites,
• online directory distributors;
• internet portals;
• accounting, law and consulting firms whose primary clients are businesses; and
educational institutions and trade associations.
We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of DigiBoogie; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party's site.
If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to info@bizvuu.com. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our Web site as follows:
• By use of our corporate name; or
• By use of the uniform resource locator (Web address) being linked to; or
• By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party's site.
No use of DigiBoogie's logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
We shall have no responsibility or liability for any content appearing on your Web site. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Web site or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
• limit or exclude our or your liability for death or personal injury resulting from negligence;
•limit or exclude our or your liability for fraud or fraudulent misrepresentation;
• limit any of our or your liabilities in any way that is not permitted under applicable law; or
• exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

Service Agreement

1.1 Our Purpose

Our services offer our clients the ability to collaborate with our design professionals and graphics consultants to create a professional and efficient online presence to market and promote their businesses, content and ideas while developing and building an overall great brand experience for their current clients as well as potential new clients. As detailed below, DigiBoogie offers platforms, products, and services for marketing, advertising, and promoting with the use of custom websites, online e-commerce websites, innovative print media designs with quick access technology integration, print publication placement, video advertising, media players, social media advertising and placement in our small business database. The custom websites, online e-commerce websites create for users by our team of professionals are collectively referred to as "Bizvuu Websites".

1.2 Legal Agreement

These bizvuu.com Terms of Use ("Terms of Use"), together with such additional terms which specifically apply to some of our services and features as presented on the bizvuu.com website(s) ("DigiBoogie Website", and collectively – the "DigiBoogie Terms"), all set forth the entire terms and conditions applicable to each visitor or user ("User" our "you") of the DigiBoogie Website, the DigiBoogie mobile application (the "DigiBoogie App") and/or any other services, applications and features offered by us with respect thereto, except where we explicitly state otherwise (all services offered through the DigiBoogie Website or the DigiBoogie App, collectively – the "DigiBoogie Services" or "Services").
The DigiBoogie Terms constitute a binding and enforceable legal contract between bizvuu.com Ltd. and its affiliated companies and subsidiaries worldwide ("DigiBoogie", "us" or "we") and you in relation to the use of any DigiBoogie Services - so please read them carefully.
You may visit and/or use the DigiBoogie Services and/or the DigiBoogie App only if you fully agree to the DigiBoogie Terms - and by using and/or registering to any of the DigiBoogie Services, you signify and affirm your informed consent to these Terms of Use and any other DigiBoogie Terms applicable to your use of any DigiBoogie Services. If you do not read, fully understand and agree to the DigiBoogie Terms, you must immediately leave the DigiBoogie Website and avoid or discontinue all use of the DigiBoogie Services.
By using our Services, you acknowledge that you have read our Privacy Policy available at http://www.bizvuu.com/about/privacy ("Privacy Policy").

1.3 User Website

Access and updates will be maintained by Bizvuu unless the user specifically requested that Bizvuu not maintain their site. If requested the User will be provided FTP access to their website.
If anyone other than yourself accesses your FTP Account and/or any of your User Platforms' settings, they may perform any actions available to you (unless as specifically stated otherwise on the DigiBoogie Services), make changes to your User Platform(s) and website, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.
We strongly encourage you to keep the log-in credentials of your FTP Account confidential, and allow such access only to people you trust - as you will be solely and fully responsible for all activities that occur under your User website and/or User Platforms (including for any representations, warranties and undertakings made therein), whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.
You must provide accurate and complete information when you are submitting details to Bizvuu about your company and or website, to which you are the owner. We strongly encourage you to provide your own (or your company's) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Content (as defined below) submitted to us.
1. DigiBoogie will consider the owner of a User Platform and/or User Content created and/or uploaded to the relevant DigiBoogie Service, as the person or entity who has access to the e-mail address then listed in DigiBoogie's records for such User Platform under which such User Platform or User Content was created.
2. If any Paid Services (as defined in Section 5 below) were purchased via a User, DigiBoogie will consider the owner of such User Platform and/or User Content created thereunder, may be considered to be the person or entity whose billing details were used to purchase such Paid Services ("Billing Information"). Notwithstanding the foregoing, when applicable if a User Platform was connected to an external domain name (either imported or purchased as part of certain Paid Services, as defined below), and such domain's registration information is publicly available via the WHOIS database provided on the www.whois.net website or on DigiBoogie's database, DigiBoogie will consider the owner of such User Platform as the person or entity registered as the registrant of such domain thereunder. In the event that an individual and an organization are both registered as the registrant or the registrant organization of such domain, DigiBoogie will consider the organization as the actual owner of the domain, and therefore as the owner of the User Platform connected to such domain. In event the Billing Information indicates one person as the owner of the User Platform and the domain registration indicates a different owner, DigiBoogie shall consider the person registered as the owner of the domain connected to the DigiBoogie Account as the owner of the User Platform.
3. Notwithstanding the forgoing, DigiBoogie shall have the right to determine the ownership of User Content and/or a User Website as it chooses, including by ignoring the indications set forth above, in event DigiBoogie deems, at its sole discretion, that the situation justifies such determination, all based upon the factual situation as determined by DigiBoogie.

2.1. You represent and warrant that:

you are at least eighteen (18) years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into the DigiBoogie Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to the DigiBoogie Terms ;
1. you are not a resident of (or will use the DigiBoogie Services in) a country that the U.S. government has embargoed for use of the DigiBoogie Services, nor are you named on the U.S. Treasury Department's list of Specially Designated Nationals or any other applicable trade sanctioning regulations;
2. your country of residence and/or your company's country of incorporation is the same as the country specified in the contact and/or billing address you provide us;
3. you understand that DigiBoogie does not provide any legal advice or any recommendation with respect to any laws or requirements applicable to your use or any of your End Users, or your compliance therewith;
4. And specifically regarding your User Content:
5. you confirm you own all rights in and to any content uploaded or provided by you, or imported, copied or uploaded by DigiBoogie Services for you, to your User Platform ("User Content"), including any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, usernames, information you provide for the purpose of creating a subdomain name, text, literary works and any other materials ("Content"), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally access to, import, copy, use, publish, transfer or license such User Content, by you and us or any of our affiliates;
6. you have (and will maintain) the full power, title, licenses, consents and authority to allow DigiBoogie Services to access any websites, web pages and/or other online services, for the purpose of importing, copying, displaying, uploading, transmitting and/or otherwise using, your User Content.
7. the User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display or otherwise use, in the country in which you or your User Platform's visitors and users ("End Users") reside, or for DigiBoogie and/or your End Users to access, import, copy, upload, use or possess in connection with the DigiBoogie Services;
8. you have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.

2.2. You undertake and agree to:

1. fully comply with all applicable laws and any other contractual terms which govern your use of the DigiBoogie Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations;
2. be solely responsible and liable with respect to any of the uses of the DigiBoogie Services which occur under your User website and/or User Platform(s), and for any of your User Content (including for any consequences of accessing, importing, uploading, copying, using or publishing such User Content on or with respect to the DigiBoogie Services);
3. regularly and independently save and backup any of your User Content and the information that is being processed by you regarding your User Platform, including with respect to End Users, User Products, and any applications and/or Third-Party Services used by you;
4. receive from time to time promotional messages and materials from DigiBoogie or its partners, by mail, e-mail or any other contact form you may provide us with (including your phone number for calls or text messages). If you wish not to receive such promotional materials or notices – please just notify us at any time;
5. allow DigiBoogie to use in perpetuity, worldwide and free of charge, any version of your User Platform (or any part thereof) for any of DigiBoogie's marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against DigiBoogieor anyone on its behalf relating to any past, present or future moral rights, artists' rights, or any other similar rights worldwide that you may have in or to your User Platform with respect to such limited permitted uses;
6. DigiBoogie's sole discretion as to the means, manner, and method for performing the DigiBoogie Services, including those regarding the hosting, transmission, publication and/or display of any User Platforms and/or Content (including the inclusion and presentation of any advertisements or other commercial content with respect thereto).
7. DigiBoogie shall have the right to offer the DigiBoogie Services in alternative price plans and impose different restrictions as for the upload, storage, download and use of the DigiBoogie Services in each price plan, including, without limitation, restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, volume of download time, number of subscribers to your Content, etc.

2.3. You agree and undertake not to:

1. copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the DigiBoogie Website, the DigiBoogieServices (or any part thereof), any Content offered by DigiBoogie or Third Party Services for use and display within User Platforms ("Licensed Content") and/or any part thereof in any way, or publicly display, perform, transmit or distribute any of the foregoing without DigiBoogie's prior written and specific consent and/or as expressly permitted under the DigiBoogie Terms;
2. submit, transmit or display any User Content, or use Licensed Content in a context, which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of DigiBoogie or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval;
3. use any illegal action to collect login data and/or passwords for other websites, third parties, software or services;
4. phish, collect, upload, or otherwise make available credit card information or other forms of financial data used for collecting payments, unless done in accordance with any applicable law, including, with the PCI DSS standard when applicable;
5. upload, insert, collect or otherwise make available within the DigiBoogie Website or the DigiBoogie Services (or any part thereof), any malicious, unlawful, defamatory or obscene Content;
6. publish and/or make any use of the DigiBoogie Services or Licensed Content on any website, media, network or system other than those provided by DigiBoogie, and/or frame, "deep link", "page scrape", mirror and/or create a browser or border environment around any of the DigiBoogie Services, Licensed Content and/or User Platform (or any part thereof), except as expressly permitted by DigiBoogie, in advance and in writing;
7. use any "robot", "spider" or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the DigiBoogie Services (or its data and/or Content), or in any way reproduce or circumvent the navigational structure or presentation of any of the DigiBoogie Services to obtain or attempt to obtain any materials, documents, services or information through any means not purposely made available through the DigiBoogie Services;
8. act in a manner which might be perceived as damaging to DigiBoogie's reputation and goodwill or which may bring DigiBoogie into disrepute or harm;
9. purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use DigiBoogie or DigiBoogie Marks and/or variations and misspellings thereof;
10. impersonate any person or entity or provide false information on the DigiBoogie Services and/or User Platform, whether directly or indirectly, or otherwise perform any manipulation in order to disguise your identity or the origin of any message or transmittal you send to DigiBoogie and/or any End Users;
11. falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that DigiBoogie or any third party endorses you, your User Platform, your business, your User Products, or any statement you make;
12. reverse look-up, trace, or seek to trace another User of DigiBoogie Services, or otherwise interfere with or violate any other User's right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the DigiBoogie Services and/or User Platform without their express and informed consent;
13. disable, circumvent, bypass or otherwise avoid any measures used to prevent or restrict access to the DigiBoogie Services, User Platform, the account of another User(s), or any other systems or networks connected to the DigiBoogie Services, by hacking, password mining, or other illegitimate or prohibited means;
14. probe, scan, or test the vulnerability of the DigiBoogie Services or any network connected to the DigiBoogie Services;
15. upload to the DigiBoogie Services and/or User Platform or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
16.take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the DigiBoogie Services or DigiBoogie's systems or networks connected to the DigiBoogie Services, or otherwise interfere with or disrupt the operation of any of the DigiBoogie Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
17. use any of the DigiBoogieServices and/or User Platform in connection with any form of spam, unsolicited mail, fraud, scam, phishing, "chain letters", "pyramid schemes" or similar conduct, or otherwise engage in unethical marketing or advertising;
18. access to DigiBoogie Services, User Accounts, Licensed Content and/or User Content, through any means or technology (e.g. scraping and crawling), other than our publicly supported interfaces.
19. sell, license, or exploit for any commercial purposes any use of or access to the Licensed Content and/or DigiBoogie Services, except as expressly permitted by the DigiBoogie Terms;
20. remove or alter any copyright notices, watermarks, restrictions and signs indicating proprietary rights of any of our licensors, including copyright mark [©], Creative Commons [(cc)] indicators, or trademarks [® or ™] contained in or accompanying the DigiBoogie Services and/or Licensed Content; or
21. violate, attempt to violate, or otherwise fail to comply with any of the DigiBoogie Terms or any laws or requirements applicable to your use of the DigiBoogie Services.
22. violate, attempt to violate, or otherwise fail to comply with any of the DigiBoogie Terms or any laws or requirements applicable to your use of the DigiBoogie Services.
23. access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User website and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.

3.1. Your Intellectual Property

As between DigiBoogie and you, you shall own all intellectual property pertaining to your User Content and to any other materials created by you, including to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, code, interfaces, text and literary works. DigiBoogie does not claim ownership rights on your content. For the sole purpose of granting you the service, You know and agree that we will need to access, upload and/or copy your User Content to our platform, including cloud services and CDN's, to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit.

3.2. DigiBoogie's Intellectual Property

All rights, title and interest in and to the DigiBoogie Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work, source and object code, computer code (including html), applications, audio, music, video and other media, designs, animations, interfaces, documentation, derivatives and versions thereof, the "look and feel" of the DigiBoogie Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, "Intellectual Property"), and any derivations thereof, are owned by and/or licensed to DigiBoogie.
Subject to your full compliance with the DigiBoogie Terms and timely payment of all applicable Fees, DigiBoogie hereby grants you, upon creating your User website and for as long as DigiBoogie wishes to provide you with the DigiBoogie Services, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the DigiBoogie Services and Licensed Content, for the purpose of generating and displaying your User Platform to End Users and offering your User Products (as defined below) therein, solely as expressly permitted under the DigiBoogie Terms, and solely within the DigiBoogie Services.
The DigiBoogie Terms do not convey any right or interest in or to DigiBoogie's Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in the DigiBoogie Terms constitutes an assignment or waiver of DigiBoogie's Intellectual Property rights under any law.

3.3. Feedback and Suggestions

If you provide us with any suggestions, comments or other feedback relating to the DigiBoogie Services (whether existing, suggested or contemplated), which is or may be subject to any Intellectual Property rights ("Feedback"), such Feedback shall be exclusively owned by DigiBoogie. By providing such Feedback to DigiBoogie, you acknowledge and agree that it may be used by DigiBoogie in order to: (i) further develop, customize and improve of the DigiBoogie Services, (ii) provide ongoing assistance and technical support, (iii) contact you with general or personalized DigiBoogie -related notices and/or interview requests based on your feedback or otherwise, (iv) facilitate, sponsor and offer certain promotions, and monitor performance, (v) to create aggregated statistical data and other aggregated and/or inferred information, which DigiBoogie may use to provide and improve its services, (vi) to enhance DigiBoogie data security and fraud prevention capabilities, and (vii) to comply with any applicable laws and regulations. In addition, you (1) represent and warrant that such Feedback is accurate, complete, and does not infringe on any third party rights; (2) irrevocably assign to DigiBoogie any right, title and interest you may have in such Feedback and (3) explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists' rights, or any other similar rights worldwide in or to such Feedback.
Certain parts of the DigiBoogie Services (including certain Third-Party Services available therein, as further explained in Section 8 below) require or involve the submission, collection and/or use of certain personally identifying or identifiable information. In particular and as a part of accessing or using the DigiBoogie Services, DigiBoogie and such Third Party Services may collect, access and use certain data pertaining to Users and End Users, including the activities or navigation undertaken by Users and End Users through the DigiBoogie Services and/or User Platforms. We encourage you to read our Privacy Policy and each such Third Party Services' relevant policies on a regular basis, for a description of such data collection and use practices.

5.1. Paid Services

The use of certain DigiBoogie Services may be subject to payment of particular fees, as determined by DigiBoogie in its sole discretion ("Paid Services" and "Fee(s)", respectively). DigiBoogie will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.
DigiBoogie reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, DigiBoogie shall have the right to automatically and without notice renew your subscription to such DigiBoogie Service(s) at the full applicable Fee.
All Fees shall be deemed to be in U.S. Dollars, except as specifically stated otherwise in writing by DigiBoogie. To the extent permitted by law (and unless specified otherwise by DigiBoogie in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities ("Taxes"), and you shall be responsible for payment of all applicable Taxes relating to your use of the DigiBoogie Services, or to any payments or purchases made by you. If DigiBoogie is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). DigiBoogie is not responsible for any such additional fees or costs.
As part of registering or submitting information to receive Paid Services, you also authorize DigiBoogie (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries DigiBoogie or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).
You must keep a credit card stored with DigiBoogie to pay for your Paid Services ("Stored Card"). You will be able to identify your Stored Card by its last four digits as in your Account Settings Page.

5.2. Invoices

DigiBoogie and/or its affiliated companies will issue an invoice or credit memo for any payment of Fees or refund made to or by DigiBoogie ("Invoice"). Each Invoice will be issued in electronic form and based on the country stated in your billing address, and will be made available to you via e-mail. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local laws. Please note that the Invoice presented may be inadequate with your local law requirements, and in such case may be used for pro forma purposes only.

5.3. Subscription Auto-Renewals

In order to ensure that you do not experience any interruption or loss of services, certain Paid Services include an automatic renewal option by default, according to which such Paid Services will automatically renew upon the end of the applicable subscription period, for a renewal period equal in time to the original subscription period (excluding extended periods) and, unless otherwise notified to you, at the same price (subject to applicable Taxes changes and excluding any discount or other promotional offer provided for the first period) ("Renewing Paid Services"). For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Accordingly, where applicable, DigiBoogie will attempt to automatically charge you the applicable Fees using the Stored Card, within up-to two (2) weeks before such renewal period commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your User Platform, without further notice. If your Renewing Paid Service is subject to a yearly or multiple-year subscription period, DigiBoogie will endeavor to provide you a notice prior to the renewal of such Paid Service at least thirty (30) days in advance of the renewal date.
By entering into this Agreement and by purchasing a Renewing Paid Service, you acknowledge and agree that the Renewing Paid Service shall automatically renew in accordance with the above terms.
Certain domains are subject to a different renewal policy as detailed in the Domains Registration Agreement. Notwithstanding anything to the contrary in the foregoing, you are and shall be solely responsible to verify and ensure the successful renewal of the DigiBoogie Services you use (whether or not such DigiBoogie Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any DigiBoogie Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any DigiBoogie Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against DigiBoogie in relation to the discontinuation of any DigiBoogie Services or Third-Party Services, for whatever reason.

5.4. Money-Back Guarantee

Please note: Services purchased on or through the DigiBoogie Services may be non-refundable. These include Third Party Services such as domains, business tools and applications. The terms of each purchased service or application are indicated on the DigiBoogie Website and/or as part of or during the process of purchasing such services or applications. It is your obligation to verify your ability to cancel a service prior to purchasing it. DigiBoogie will not refund any amounts paid for non-refundable Paid Services, applications or Third-Party Services.

5.5. Chargebacks

If, at any time, we record a decline, chargeback or other rejection of a charge of any payable Fees on your DigiBoogie account ("Chargeback"), this will be considered as a breach of your payment obligations hereunder, and your use of the DigiBoogie Services may be automatically disabled or terminated.
In the event a Chargeback is performed, your User Platform may be blocked without the option to re-purchase or re-use it, and any data contained in such User Account, including any domains, applications and Third Party Services may be subject to cancellation and Capacity Loss (as defined in Section 6.3 below).
Your use of the DigiBoogie Services will not resume until you re-subscribe for any such DigiBoogie Services, and pay any applicable Fees in full, including any fees and expenses incurred by DigiBoogie and/or any Third Party Services for each Chargeback received (including Fees for DigiBoogie Services provided prior to the Chargeback, handling and processing charges and fees incurred by the payment processor).
If you have any questions or concerns regarding a payment made to DigiBoogie, we encourage you to first contact our Customer Support team before filing a Chargeback or reversal of payment, in order to prevent the DigiBoogie Services from being cancelled and your User website being blocked, and to avoid the filing of an unwarranted or erroneous Chargeback, which may result in your being liable for its applicable Fees, in addition to re-payment of all the Fees applicable to the DigiBoogie Services purchased (and charged-back) by you.
We reserve our right to dispute any Chargeback received, including by providing the relevant credit card company or financial institution with any information and documentation proving that the User responsible for such Chargeback did in fact authorize the transaction and make use of the services rendered thereafter.

6.1. Cancellation by User

You may discontinue to use and request to cancel your User website and/or any DigiBoogie Services at any time, in accordance with the instructions available on the DigiBoogie Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process on the DigiBoogie Services, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services' subscription period.
Notwithstanding anything to the contrary in the foregoing, with respect to subscriptions to Renewing Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period.
For more information about cancelling your Paid Services, please contact DigiBoogie.

6.2. Cancellation by DigiBoogie

Failure to comply with any of the DigiBoogie Terms and/or to pay any due Fee shall entitle DigiBoogie to suspend (until full payment is made) or cancel your User Platform (or certain features thereof), as well as the provision of any related DigiBoogie Services (e.g., Paid Services) or Third-Party Services to you.

6.3. Loss of Data, Content and Capacity

If your User Platform or any DigiBoogie Services or Third Party Services related to your User Platform are cancelled (whether at your request or at DigiBoogie's discretion), it may cause or result in the loss of certain content, features, or capacity of your User Platform, including any User Content, End User data or other usage data retained therein, and including any domain name reservation or registration that was included in such Services ("Capacity Loss"). DigiBoogie shall not be liable in any way for such Capacity Loss, or for saving a backup of your User Account, User Content or End User data for FTP accounts that Bizvuu is not managing. Please also note that additional Fees may apply to re-activation of a User Platform and/or any DigiBoogie Services following their cancellation, as determined by DigiBoogie in its sole discretion.
The DigiBoogie Services also include certain features which enable you to sell goods, content, media and services through your User Platform ("User Products", and collectively – "E-Commerce").
You are solely responsible for your User Products and E-Commerce related activities, and any promotions and related Content contained or referred to in your User Platform, and compliance with any laws applicable thereto. We are merely providing the platform for you to manage your online E-Commerce activities. We are not involved in your relationship and/or any transaction with any actual or potential buyer of your User Products.
When someone purchases your User Products, turn-off auto-renewals will be processed through your third-party payment service provider ("Payment Provider(s)" that you manage.
By using any E-Commerce features, you acknowledge, warrant and agree that:
1.You shall be solely and fully responsible for all Taxes and fees of any nature associated with your E-Commerce activities, including any Taxes related to the purchase or sale of the User Products, and to collect, report and remit the correct amounts to the appropriate authorities and/or inform your End Users of such and provide them with a duly issued invoice as required by law;
2. You shall be responsible for and bear all costs of procuring and delivering your User Products, and for providing them in a safe and professional manner, consistent with industry standards;
3. You are solely responsible for any and all statements and promises you make and for all assistance, warranty and support regarding the User Products, and shall provide true contact information on your User Platform for any questions, complaints or claims; and
4. You may not offer or sell any User Products, or provide any information, Content or material regarding User Products, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export; and
5. DigiBoogie may, at any time and at its sole discretion, suspend, disable access to or remove your User Platform and/or any User Products - whether or not incorporated, published with or made a part of your User Platform at such time, without any liability to you or to any End Users, including for any Capacity Loss resulted therefrom.
The DigiBoogie Services enable you to engage and procure certain third party services, products and tools for enhancing your User Platform and your overall user experience, including, without limitation, domain registrars from which you may purchase a domain name for your User Website, third party applications and widgets offered via the DigiBoogie Website (including the DigiBoogie App Market), third party Licensed Content, media distribution services, E-Commerce Payment Providers, sellers of tangible products, third party designers who may assist you with your User Platform, etc. (collectively, "Third Party Services").
You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled or integrated within certain DigiBoogie Services, offered separately by DigiBoogie or persons certified or authorized by DigiBoogie, or otherwise offered anywhere on the DigiBoogie Services), DigiBoogie merely acts as an intermediary platform between you and such Third Party Services, and does not in any way endorse any such Third Party Services, or shall be in any way responsible or liable with respect thereto. DigiBoogie will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third-party Services.
You acknowledge that such services may require the payment of additional amounts to DigiBoogie and/or to the providers of such Third-Party Services.
Any and all use of such Third-Party Services shall be done solely at your own risk and responsibility, and may be subject to such legal and financial terms which govern such Third Party Services, which you are encouraged to review before engaging with them.
While we hope to avoid such instances, DigiBoogie may, at any time and at its sole discretion, suspend, disable access to or remove from your User Account, User Platform(s) and/or the DigiBoogie Services, any Third Party Services – whether or not incorporated with or made part of your User website and/or User Platform(s) at such time – without any liability to you or to any End Users.

9.1. Misconduct and Abuse

When using the DigiBoogie Services, you may be exposed to User Platforms, User Content or Third-Party Services from a variety of sources, which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against DigiBoogie with respect thereto.
If you believe a User or any Third Party Services acted inappropriately or otherwise misused any of the DigiBoogie Services, please immediately report such User and/or Third Party Service to us via this form. You agree that your report shall not impose any responsibility or liability upon DigiBoogie, and that DigiBoogie may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.

9.2. Copyrights

DigiBoogie acts in accordance with its interpretation of the Digital Millennium Copyright Act ("DMCA"). If you believe that your work has been copied or was otherwise used in a way that constitutes copyright infringement, you may notify us of such infringement via this form, or otherwise provide the following information in writing to our designated Copyright Agent: (1) the contact details of the person authorized to act on behalf of the owner of the copyright; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit DigiBoogie to locate the material (including URL address); (4) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (5) a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
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In the event that DigiBoogie receives notice regarding a copyright infringement related to your User Platform or User Website, it may cancel your User website, take your User Platform down or remove any Content in its sole discretion, with or without prior notice to you. In such case, you may file a proper counter-notice in accordance with Section 512 of the DMCA, in which you must include: (1) your full name, address, phone number and physical or electronic signature; (2) identification of the material and its location before removal; (3) a statement under penalty of perjury that the material was removed by mistake or misidentification; (4) your consent to an appropriate judicial body; and (5) any other information required under the relevant provisions of the DMCA. Any notices filed pursuant to this Section 9 may be deemed accepted, applicable and compliant with the DMCA, or not, at DigiBoogie's sole reasonable discretion. DigiBoogiereserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.
We provide the DigiBoogie Services on an "As Is", "with all faults" and "As Available" basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the DigiBoogie Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users') contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third-Party Services) mentioned on or made available via the DigiBoogie Services – so please be sure to verify those before using or otherwise engaging them.
DigiBoogiemay, at its sole discretion (however it shall have no obligation to do so), screen, monitor and/or edit any User Platform and/or User Content, at any time and for any reason, with or without notice.
Notwithstanding anything to the contrary in the foregoing, in no circumstances may DigiBoogie be considered as a "publisher" of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the DigiBoogie Services, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content. Furthermore, DigiBoogie shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.
You acknowledge that there are risks in using the DigiBoogie Services and/or connecting and/or dealing with any Third Party Services through or in connection with DigiBoogie Services, and that DigiBoogie cannot and does not guarantee any specific outcomes from such use and/or interactions, and you hereby assume all such risks, liabilities and/or harm of any kind arising in connection with and/or resulting from such interactions. Such risks may include, among others, misrepresentation of information about and/or by Third Party Services and/or Licensed Content, breach of warranty and/or contract, violation of rights, and any consequent claims.
DigiBoogie does not recommend the use of the DigiBoogie Services for hosting of personal content and shall not bear any security or integrity obligations or risks regarding breach or damage to any such content.
Please note that certain DigiBoogie Services are currently offered in their BETA version and undergoing BETA testing. You understand and agree that certain DigiBoogie Services may still contain software bugs, suffer disruptions and not operate as intended or designated. Your use of the DigiBoogie Services at this BETA stage signifies your agreement to participate in such DigiBoogie Services' BETA testing.
To the fullest extent permitted by law in each applicable jurisdiction, DigiBoogie employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the DigiBoogie Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the DigiBoogie Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the DigiBoogie Services; (6) events beyond the reasonable control of DigiBoogie, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of DigiBoogie Services.
You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for DigiBoogie's services to you, and such limitations will apply even if DigiBoogie has been advised of the possibility of such liabilities.
You agree to defend, indemnify and hold harmless DigiBoogie, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys' fees) arising from: (1) your violation of any term of these Terms of Use or any other DigiBoogie Terms; (2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your User Platform or User Content and/or your use of the DigiBoogie Services, including, without limitation, DigiBoogie Services' actions for your benefit; and/or (3) any other type of claim that your User Platform and/or User Content caused damage to a third party.

13.1. Changes & Updates

DigiBoogie reserves the right to change, suspend or terminate any of the DigiBoogie Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the DigiBoogie Services (including removal of any materials created by you in connection with the DigiBoogie Services) for any reason and/or change any of the DigiBoogie Terms with or without prior notice - at any time and in any manner.
You agree that DigiBoogie will not be liable to you or to any third party for any modification, suspension or discontinuance of those DigiBoogie Services.
If any such changes involve the payment of additional Fees, we will provide you with a notice of such Fees prior to enabling such specific changes. If you fail or refuse to pay such Fees, we may (at our sole discretion) cancel your User Account (as further explained in Section 6 above), continue to support your then-current DigiBoogie Services without enabling such changes, or provide you with alternative Services.

13.2. Governing Law & Jurisdiction; Class Action Waiver

The DigiBoogie Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the DigiBoogie Services, their interpretation, or the breach, termination or validity thereof, the relationships which result from or pursuant to the DigiBoogie Terms, or any related transaction or purchase, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of Georgia, without respect to its conflict of laws principles.
Subject to any applicable law, all disputes between you and DigiBoogie shall only be resolved on an individual basis and you shall not have the right to bring any claim against DigiBoogie as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).
Notwithstanding anything to the contrary in this Section 13.2, if you are located in the United States of America, (i) the legal jurisdiction governing all aspects of the payment transaction contemplated by Section 5 between you and DigiBoogie will be the State of Georgia, without respect to its conflict of laws principles, and (ii) any and all claims and disputes related to such payment transaction contemplated by Section 5 shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in Atlanta, Georgia.

13.3. Notices

We may provide you with notices in any of the following methods: (1) via the DigiBoogie Services, including by a banner or pop-up within the DigiBoogie Website, User Platform or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. DigiBoogie's notice to you will be deemed received and effective within twenty-four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.

13.4. Relationship

The DigiBoogie Terms, and your use of the DigiBoogie Services, do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between DigiBoogie and you.

13.5. Entire Agreement

These Terms of Use, together with the DigiBoogie Terms and any other legal or fee notices provided to you by DigiBoogie, shall constitute the entire agreement between you and DigiBoogie concerning the subject matter hereof or thereof, and supersede any and all prior or contemporaneous agreements, understandings, promises, conditions, negotiations, covenants or representations, whether written or oral, between DigiBoogie and you, including those made by or between any of our respective representatives, with respect to any of the DigiBoogie Services. You further agree that you are not relying upon any promise, inducement, representation, statement, disclosure or duty of disclosure of DigiBoogie in entering into any of the DigiBoogie Terms.

13.6. Assignment

DigiBoogie may assign its rights and/or obligations hereunder and/or transfer ownership rights and title in the DigiBoogie Services and/or Licensed Content to a third party without your consent or prior notice to you. You may not assign or transfer any of your rights and obligations hereunder without the prior written consent of DigiBoogie. Any attempted or actual assignment thereof without DigiBoogie's prior explicit and written consent will be null and void. In any event, an assignment or transfer pursuant to this Section ‎13.6 shall not in itself grant either DigiBoogie or you the right to cancel any DigiBoogie Services or Third-Party Services then in effect.

13.7. Severability & Waivers

If any provision of the DigiBoogie Terms is deemed by a court of competent jurisdiction to be invalid, unlawful, void, or for any reason unenforceable, then such provision shall be deemed severable and will not affect the validity and enforceability of the remaining provisions. No Waiver of any breach or default of any of the DigiBoogie Terms shall be deemed to be a waiver of any preceding or subsequent breach or default.

13.8. Customer Service Contact

To get in touch with our Customer Service - please use Contact Us.