Terms of Service
Last updated: 22/07/2021
Agreeing to Terms
By accessing and using this website, you agree to be legally bound by these terms of service. Every material contained within this website is protected by copyright and trademark law. If you do not agree with these terms, you are expressly prohibited from using the site and you must discontinue the use immediately.
Service – It implies that the https://digifloat.io website operated by DIGIFLOAT (OPC) PVT. LTD.
User – Or the owner, is you, the paying customer.
Personal Data – The data that relates to an identified or identifiable living individual.
Usage Data – The data collected automatically either generated by the use of Service or from the Service infrastructure itself (for example, the duration of a page visit).
Cookies – A small text file (up to 4KB) created and stored in the user’s computer by a website.
Data Controller – A natural or legal person who (either alone or jointly) determines the purposes for which any personal data is to be processed.
Data Processors or Service Processors – A natural or legal person who processes the data on behalf of the Data Controller.
Data Subject – It is any living individual who is the subject of Personal Data.
Intellectual Property Rights
All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on this Site are the proprietary property of Digifloat. The trademarks, service marks, and logos contained therein are also owned or controlled by us or licensed to us. These are protected by copyright and trademark laws and various other intellectual property rights.
Unless otherwise indicated or authorized by Digifloat, you cannot copy, distribute, republish, download, reproduce, share, post, or transmit any material or content from this site.
The usage, duplication, or disclosure by the Government is also subject to restrictions as set forth in the applicable laws and regulations.
Fees and Refunds
You agree to pay the fees, if required, during the time of registration, in full prior to any obligation of Digifloat to perform under this Agreement. You further agree to authorize Digifloat to charge your method of payment for the fee on each anniversary of your registration date, based upon your billing frequency that can be monthly, quarterly, or annually.
We may suspend your account and access to the services provided via the Site in the events of non-payment of applicable fees. You represent and warrant to Digifloat that your billing information is accurate and that you’re authorized to make the payment.
You may cancel your subscription to our service at any time by contacting us at email@example.com or by speaking to a representative. Upon any such cancellation, your account will be active till the end of your paid billing term so that you can access all previously submitted information.
You may request a refund from us if you cancel your subscription within: (i) the first 15 days of signing up for unlimited graphic design, (ii) the first 7 days of signing up for content writing services, and (iii) the first 5 days of signing up for logo design services. After this window, we will not issue a refund.
We may refuse a refund request if (i) in our sole discretion, we find evidence of fraud, refund abuse, or other manipulative behavior, or (ii) in case you or any of your team members approved a task while being in the refund period.
We also reserve the right to change the fees of any service from time to time on the Site with 30 days’ prior notice, but with no advance notice required for temporary promotions or reductions in fees. Upgrade, promotions, and adjustments to existing plans are non-refundable.
All charges and refunds (if applicable) are subject to the exchange rate between the US Dollar and your currency for the day. Upgrades, promotions, and adjustments to any existing plan are non-refundable.
By using this Site, you represent and warrant that:
- The registration information that you submit is true, accurate, up-to-date, and complete.
- You will maintain the accuracy of the information by promptly updating them.
- You are not a minor in the jurisdiction in which you reside.
- You will not access the Site through any non-human or automated means such as a bot and script.
- You will not use the Site for any illegal and unauthorized purposes.
If you provide any untrue, inaccurate, not current, or incomplete information, we may suspend or terminate your account and refuse any and all current or future use of the Site.
If you register with the Site or any of its services, you agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change inappropriate, obscene, or otherwise objectionable username.
The materials on Digifloat’s website are provided on an as-is and as-available basis. We disclaim all warranties, express or implied, in connection with the site and negate all other warranties, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property or other violation of rights.
We assume no responsibility and liability for any:
- Error or inaccuracy of content materials.
- Personal or property damage, of any nature whatsoever, resulting from your access to and use of the site.
- Unauthorized access or use of our secure servers and/or financial information stored therein.
- Cessation or interruption of transmission to or from the site.
- Bug, virus, or trojan horse that may be transmitted to or through the site by any third party.
- Error or omission in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site.
- Product or service offered or advertised by a third party through the site.
- Hyperlinked website or mobile application featured in any banner or other advertising.
In no event shall Digifloat, any of our directors, employees, or agents be liable for any damages to you or any third party even if we have been notified orally or in writing of the possibility of such damage. This accounts for damages including, without limitation, damage for loss of data or profit, negligence, or due to business interruption.
Anything to the contrary contained herein, the total liability of Digifloat under this agreement will not exceed Fifty Dollars ($50), regardless of the cause of action, contract, in tort, or otherwise.
Any legal action brought by either you or us shall be commenced or prosecuted in the state courts located in Sriganganagar, Rajasthan, India.
We reserve the right to change or update any information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information, at any time, without prior notice.
Your Uploaded Content
The text, document, PDF, image, video, or any other file that you upload to our server or send us through email will be considered “Your Content”. The material you provide shall be used as-is and you are held liable for the published work we submit back to you.
You agree that the content posted by you will not be abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of any part of our Terms. You also agree not to post false and misleading Content.
You represent that you have all the necessary rights to Your Content and that you’re not violating or infringing any third party’s rights. By posting that content to us, you grant Digifloat a license to use it.
We never claim ownership of your content, however, we reserve the right to use published or unpublished work on our website and in advertising materials. You will own exclusive rights to Your Content and any licenses you own remain yours.
Digifloat reserves the right to display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote our Site.
If you want us to remove Your Content from our Site, contact us via email.
Ownership, Copyright, Trademark, and Provided Files
All projects and original source files created while you are enrolled with us are owned by you. All files that you submit to us must be owned by you and must not be stolen from another entity. You shall be responsible for all materials submitted to us by you. Even in the final project that we submit to you, we are not liable for any infringement on intellectual property rights.
You completely agree to indemnify, defend, and hold harmless Digifloat and its affiliates, officers, members, managers, agents, successors and assigns from and against all claims, liabilities, demands, damages, and costs including, without limitation, its reasonable attorneys’ fees, arising out of or relating to your:
- Breach of any of the terms of this Agreement.
- Use of the services provided pursuant to the Site.
- Infringement of the third party’s intellectual property rights or other proprietary rights.
Special Terms for Our Content Writing Services
Digifloat may engage independent third party Content Providers in order to develop the Content. Content Providers are bound to maintain the confidentiality of all materials that they may receive through Digifloat.
The Content provided through our Service is based on an “As-Is” basis and Digifloat makes no representation or warranty regarding the Content, whether in regard to its accuracy, originality, suitability, non-infringement or otherwise.
We may (but is not required to) submit the Content to a third-party verification tool such as Copyscape to assist in identifying any plagiarism or other intellectual property infringement, but Digifloat accepts no responsibility for either failing to do so or for such third party tools failing to identify any such plagiarism or other intellectual property infringement, and we accept no responsibility for any infringement by any Content of any third party rights, whether arising due to intellectual property infringement (including without limitation plagiarism) or otherwise.
You will own the rights to the Content provided through our Service, and we shall not display, edit, modify, reproduce, distribute, store, and prepare derivative works of your Content to provide the Services and to promote our Site.
You are solely responsible to review and approve any and all Content prior to use or publication. You are solely responsible for any decision or action regarding the use, publication or distribution of any Content, and Digifloat accepts no responsibility for any consequences arising from such use, publication or distribution by Customer (including without limitation any claim for plagiarism, royalties or otherwise).
Releasing Completed Work
We make sure that there are no intentional errors in the final files submitted to you. However, in a rare event, if you do receive a file with errors, please notify us promptly. We will make all the necessary revisions and re-submit to you.
Digifloat is not responsible for any loss of business or loss of revenue incurred from errors in our files. Make sure to check everything before finalizing.
All communication between you and any Digifloat representative are held confidential. We will not disclose your project information or any private information to unauthorized users.
Digital Millennium Copyright Act (DMCA)
Digifloat takes the claim of copyright infringement very seriously. We respond to every notice of alleged copyright infringement that complies with applicable law. If in any case, you believe any material on or from this Site infringes your copyright, you may request removal of those materials by submitting written notification at firstname.lastname@example.org.
In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the ”DMCA Notice”) must include substantially the following:
- Your electronic or physical signature.
- Identification of the copyrighted work you believe to have been infringed.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Enough information by which we can contact you.
- A statement that you have faith that uses of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Digifloat reserve the right, but is not the obligation to:
- In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable any of your contributions or any portion thereof.
- In our sole discretion and without limitation, notice, or liability, to remove from the Site or disable all files and content that are excessive in size or are in any way burdensome to our systems.
- Manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
Links To Other Web Sites
We are not responsible for any third-party platform that links to our Site or is linked on this Site. We do not accept any liability or responsibility for any content or practices of such third parties.
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