Legal - Terms & Conditions for Online Product Sale
Acceptance:
Please make sure you have read our Website Privacy Policy. The web services that
DgFlick LLC ("DgFlick") provides to you are subject
to the following Terms of Use (the "Terms"). DgFlick reserves the right to update
the terms at anytime without notice.
Description:
DgFlick provides you with access to a variety of web based resources, including
but not limited to company products and licensing information, documentation, pricing
information and product purchasing, product installation, support and maintenance
information, download areas including downloadable and trial versions of various
products and samples, communication forums and resources, (collectively the "Services").
The Services, including any updates, enhancements, new features, and/or the addition
of any new web based services, are subject to the Terms.
Service operation:
DgFlick does not guarantee the availability of the Service or that any aspect of
the service will operate without fault or delay. DgFlick is not responsible, in
any way, for delays or problems incurred, with particular reference to Internet
communications services and equipment, third party services and Internet Service
Providers. The Service is provided on an “as is” basis without any obligation or
liabilities to DgFlick other than those expressly lay out in these Terms.
DgFlick reserves the right to make any changes to the Services or web site contents
of any form, location, domain, or any aspect of the site without notice at any time.
Personal Use:
Unless otherwise specified, the Services are for your personal and non-commercial
use. You may not modify, copy, distribute, transmit, display, perform, reproduce,
publish, license, create derivative works from, transfer, or sell any information,
software, products or services obtained from the Services.
Software available on this site:
Any software that is made available to download from the Services (the "Software")
is the copyrighted work of DgFlick. Use of the Software is governed by the terms
of the End Users License Agreement ("EULA") which accompanies or is included with
the Software. An end user will be unable to install any Software that is accompanied
by or includes a EULA, unless they first agree to the EULA terms.
The Software is made available for download solely for use by end users according
to the EULA. Any reproduction or redistribution of the Software not in accordance
with the EULA is expressly prohibited by law, and may result in severe civil and
criminal penalties.
Without limiting the foregoing, copying or reproduction of the Software to any other
server or location for further copying, reproduction or redistribution is expressly
prohibited, unless such copying, reproduction or redistribution is expressly permitted
by EULA accompanying such Software or unless express written permission has been
granted by DgFlick.
If the Software is warranted, it is only warranted according to the terms of the
EULA.
Except as warranted in the EULA, DgFlick hereby disclaims all warranties and conditions
with regard to the Software, including all warranties and conditions of merchantability,
whether express, implied or statutory, and fitness for a particular purpose.
For your convenience, DgFlick may make available, as part of the Services or in
its software products, tools and utilities for use and/or download. DgFlick does
not make any assurances with regard to the accuracy of the results or output that
derives from such use of any such tools and utilities. Please respect the intellectual
property rights of others when using the tools and utilities made available on the
services or in DgFlick software products.
Documents available on this site –
Any documentation that is made available (and/or to download) from the Services
(the "Documents") is the copyrighted work of DgFlick.
DgFlick and/or its respective distributors make no representations about the suitability
of the information contained in the Documents and related graphics published as
part of the Services for any purpose. All such Documents and related graphics are
provided "as is" without warranty of any kind. DgFlick hereby disclaim all warranties
and conditions with regard to this information, including all warranties and conditions
of merchantability, whether express, implied or statutory, and fitness for a particular
purpose.
The Documents and related graphics published on the Services could include technical
inaccuracies or typographical errors. Changes are periodically added to the information
herein. DgFlick may make improvements and/or changes in the Services at any time.
Disclaimer:
In no event shall DgFlick and/or its respective distributors be liable for any special,
indirect or consequential damages or any damages whatsoever resulting from loss
of use, data or profits, whether in an action of contract, negligence or other tortuous
action, arising out of or in connection with the use or performance of information
available from the Services.
Membership Account:
If any of the Services requires you to open an account, you must complete the registration
process by providing current, complete and accurate information as prompted by the
applicable registration form. You are entirely responsible for maintaining the confidentiality
of any password and/or username that you may be required to create. Furthermore,
except for DgFlick’s own responsibility towards the matter, you are entirely responsible
for any and all activities that occur under your account. You agree to notify DgFlick
immediately of any unauthorized use of your account or any other breach of security.
DgFlick will not be liable for any loss that you may incur as a result of someone
else using your password or account due to your fault, either with or without your
knowledge. However, you could be held liable for losses incurred by DgFlick or another
party due to someone else using your account or password due to your fault. You
may not use anyone else's account at any time, without the permission of the account
holder.
Prohibited Use:
As a condition of your use of the Services, you will not use the Services for any
purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not use the Services in any manner that could damage, disable, overburden,
or impair any DgFlick server, or the network(s) connected to any DgFlick server,
or interfere with any other party's use and enjoyment of any Services. You may not
attempt to gain unauthorized access to any Services, other accounts, computer systems
or networks connected to any DgFlick server or to any of the Services, through hacking,
password mining or any other means. You may not obtain or attempt to obtain any
materials or information through any means not intentionally made available through
the Services.
Ownership of Materials:
DgFlick does not claim ownership of the materials you provide to DgFlick (including
feedback and suggestions) or post, upload, input or submit to any Services or its
associated services for review by the general public, or by the members of any public
or private community, (each termed as "Submission" and collectively termed "Submissions").
However, by posting, uploading, inputting, providing or submitting ("Posting") your
Submission you are granting DgFlick permissions to use your Submission in connection
with the operation of its Internet businesses including, without limitation, all
DgFlick Services and the license rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and reformat your Submission;
to publish your name in connection with your Submission; and the right to sublicense
such rights to any supplier of the Services.
No compensation will be paid with respect to the use of your Submission, as provided
herein. DgFlick is under no obligation to post or use any Submission you may provide
and DgFlick may remove any Submission at any time in its sole discretion.
By Posting a Submission you warrant and represent that you own or otherwise control
all of the rights to your Submission as described in these Terms including, without
limitation, all the rights necessary for you to provide, post, upload, input or
submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a Submission
that contains images, photographs, pictures that are otherwise graphical in whole
or in part (the "Images"), you warrant and represent that (a) you are the copyright
owner of such Images, or that the copyright owner of such Images has granted you
permission to use such Images or any content and/or images contained in such Images
consistent with the manner and purpose of your use and as otherwise permitted by
these Terms and the Services, (b) you have the rights necessary to grant the permissions
described in these Terms, and (c) that each person depicted in such Images, if any,
has provided consent to the use of the Images as set forth in these Terms, including,
by way of example, and not as a limitation, the distribution, public display and
reproduction of such Images. By Posting Images, you are granting (a) to all members
of your private community (for each such Images available to members of such private
community), and/or (b) to the general public (for each such Images available anywhere
on the Services, other than a private community), permission to use your Images
in connection with the use, as permitted by these Terms, of any of the Services,
(including, by way of example, and not as a limitation, making prints and gift items
which include such Images), and including, without limitation, a non-exclusive,
world-wide, royalty-free license to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat your Images without having
your name attached to such Images, and the right to sublicense such rights to any
supplier of the Services. The licenses granted in the preceding sentences for Images
will terminate at the time you or DgFlick completely remove such Images from the
Services, provided that, such termination shall not affect any licenses granted
in connection with such Images prior to the time you or DgFlick completely remove
such Images. No compensation will be paid with respect to the use of your Images.
Links of third Party Sites:
The links in the Services will let you leave DgFlick's site. The linked sites are
not under the control of DgFlick and DgFlick is not responsible for the contents
of any linked site or any link contained in a linked site, or any changes or updates
to such sites. DgFlick is not responsible for webcasting or any other form of transmission
received from any linked site. DgFlick is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by DgFlick
of the linked site.
Compensation:
The customer needs to pay 50% of the designing charge upfront. Payment can be done
by Credit Cards (Visa, Master, American Express, Discovery), PayPal. Payment is
done on secured web page. Balance 50% of designing charge has to be paid after approving
the design only after which we shall send you the link to download the design.
Indemnity:
The liability and/or ownership with regard to the contents solely vest with you
and DgFlick shall in no circumstances be responsible for any third party claim with
regard to the ownership of the content.
You shall fully indemnify DgFlick against all costs including but not limited to
legal expenses for defense and damages that may be awarded or agreed to be paid
to any third party in respect of any claim or action that your use of images and/or
text by DgFlick if it infringes any intellectual property right of said third party
or if it is against the law of the land.
DgFlick shall in case if find during the quality check of final product being the
text and/or images being the matter pornography or against any law of the land then
in that case DgFlick shall have the right not to deliver the product to the customer
and DgFlick shall not be liable to refund the consideration paid by the customer.
Uploading:
Presently you may upload your Photographs on the website through the Internet. DgFlick
may offer you other methods of Uploading Photographs in the future.
You will not use the service to upload; order prints, email or other methods of
transmit if the content provided by you is or are:
- Racist Material;
- Material that infringes any copyright, trademark, patent or other intellectual property
right or any moral right of any third party;
- Material that harms anyone including minors;
- Material that contains viruses, worms, corrupted files, Trojan Horses or any other
form of corruptive code;
- Material that is likely to incite hatred against any person or group;
- Blasphemous Material;
- Defamatory or otherwise actionable Material;
- Images of any criminal act;
- Material that breaches any applicable laws or legislation;
- Material that involves the transmission of "junk mail", "chain letters", or unsolicited
mass mailing or "spamming";
- Material that promotes information that you know is false, misleading or promotes
illegal activities or conduct that is abusive, threatening, obscene, defamatory
or libelous;
- Material that promotes an illegal or unauthorized copy of another person's copyrighted
work, such as providing pirated computer programs or links to them, providing information
to circumvent manufacture-installed copy-protect devices, or providing pirated music
or links to pirated music files;
- Material that contains restricted or password only access pages, or hidden pages
or images (those not linked to or from another accessible page);
- Material that displays pornographic or sexually explicit material of any kind;
- Material that exploits people under the age of 18 in a sexual or violent manner,
or solicits personal information from anyone under 18;
- Material that provides instructional information about illegal activities such as
making or buying illegal weapons, violating someone's privacy, or providing or creating
computer viruses;
- Material that solicits passwords or personal identifying information for commercial
or unlawful purposes from other users;
- Material that engages in commercial activities and/or sales without our prior written
consent such as contests, sweepstakes, barter and advertising;
Acceptance of Order:
We will accept any order that you may place using our service. However, if at any
point of processing your order or delivery, we identify that order placed is not
adhering to these Terms and Conditions; we will have the right to cancel your order.
In this case, we would send a notification to you.
Delivery of Order:
Any dates specified for delivery of order are estimates only. We will try our best
to deliver your order within the specified time period. However, there might be
delays due to unforeseeable reasons. Under such circumstances, DgFlick shall not
hold responsible. We will also not be responsible for delivery at wrong address
if the address specified at the time of ordering is incorrect.
Offline Conduct:
DgFlick may not be monitoring the conduct of users off the Site and it is a breach
of this Agreement to use any information obtained from this Site in order to harass,
abuse, or injure another person.
Refund and Cancellation Policy:
If you want to cancel the order for any reason you can obtain the refund amount.
The charges paid for the service will be refunded after the deduction of the cancellation
charges. The amount which is to be deducted will be calculated on the time of cancellation
and the status of the order.
The minimum cancellation charges based on the time of cancellation are given below-
If the customer wants to cancel the confirmed order within less than 2 hours of
ordering the charges applicable will be 5% of the total charges paid by the customer.
If the customer wants to cancel the confirmed order within less than 24 hours of
ordering the charges applicable will be 35% of the total charges paid by the customer.
No refund in any circumstances if the order cancellation done after 24 hours.
Law:
These online terms and conditions shall be governed by and construed in accordance
with the laws of India and any disputes will be decided by the Courts at Mumbai
(Maharashtra).
DgFlick LLC
Dgflick LLC,
30 Knightsbridge Rd, Suite 525,
Piscataway, NJ 08854
Tel: (732)-543-7676
Fax: (732)-543-7676
Email: support@dgflick.com
Website:
www.dgflick.com