Welcome to DigiGifts! DigiGifts provides members a fun, safe, and easy way to share and print photographic giftware. However, before you enter the DigiGifts site or use any of the DigiGifts services, you must carefully review the Terms and Conditions set out below. These Terms may be changed or updated at any time, but you can always find the most recent version here. In the case of inconsistencies between these Terms and information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You should periodically check this page to make sure you are up to date.
By entering and using the DigiGifts site, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and DigiGifts that you will use the Service only in a manner consistent with these Terms. If you have questions about these Terms, please contact info@DigiGifts.com.au. Your use of the DigiGifts site and its services (together, the "Service") is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Service (collectively "Corruptive Code");.
DigiGifts membership ("Membership") is available to you if you are at least 13 years of age and submit certain requested information to DigiGifts, including your name and correct email address. When you become a Member, you must provide DigiGifts with true, accurate, current, and complete information about yourself when such information is requested by the Service (whether by questionnaires, surveys, registration forms, or other informational requests).
The Service is for personal use only.
DigiGifts is committed to ensuring that the Service remains a fun and safe place to Process orders. To that end, the Service allows Members to be creative with their "Content". Users of the Service, whether or not Members, may not use the Service to Process Prohibited Content. Generally, Prohibited Content includes Content or other material that DigiGifts believes:
Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate; Comprises copyrighted material used without the express permission of the owner; Violates or otherwise encroaches on the rights of others including their right to privacy; Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service (collectively "Corruptive Code"); Advocates illegal activity; Harms anyone, including minors; or, Provides a link to any of the above;
DigiGifts has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. Although DigiGifts does not and will not examine or otherwise review all Content submitted or transmitted to the Service, DigiGifts may delete, move, and edit Content for any reason, at any time, without notice.
All Content (whether private or public) that is Processed on the Site is the sole responsibility of the person who submitted it. Thus, you are responsible for your Content. You may only upload Content where you have the consent of all persons pictured, including through your relationship with those persons.
You must not send emails or SMS using the DigiGifts Site unless you have the recipient's consent or you are comfortable that your relationship with the recipient is such that the recipient would consent to receiving the email or SMS.
By viewing the DigiGifts Site, you may be exposed to Content that you consider to be offensive. You take sole responsibility for such exposure.
DigiGifts in no way guarantees the accuracy, quality or appropriateness of Content available through the Service.
Your use of the Service may be for personal purposes only. You will not (i) reproduce, duplicate, copy, sell, resell or exploit any part of the Service, or (ii) use or access the Service for any commercial purpose.
When you use the Service, you become a participant in an online community of people who enjoy photography. In order for DigiGifts to make your photos available to you and your invitees, as well as to use images to offer you a special variety of online services, DigiGifts needs the rights to make use of all Content on the Service, in accordance with and subject to these Terms. Accordingly, as a condition to your Membership, you hereby grant DigiGifts a perpetual, universal, non-exclusive, royalty-free right to copy, display, modify, transmit, make derivative works of and distribute your Content, solely for the purpose of providing the Service. As a condition to Membership, you represent and warrant to DigiGifts that you either own your Content or have written permission from the copyright owner to make such Content available to the Service.
You may not Process any Content owned by someone else without the written consent of the owner of such Content. You are solely responsible for any copyright violations that you may incur as a result of your activities on the Service.
If you believe that your work or the work of another has been copied in a way that constitutes copyright infringement, DigiGifts has a process in place to respond to your concerns.
YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS DigiGifts, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS (COLLECTIVELY "DigiGifts AFFILIATES") FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO THE SERVICE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR BY ANY OTHER PERSON ACCESSING THE SERVICE AS YOUR INVITEE, SUCH AS BY USING YOUR ACCOUNT.
(A) No Liability for Content IN NO EVENT WILL DigiGifts OR DigiGifts AFFILIATES BE LIABLE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO (I) CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING ERRORS OR OMISSIONS IN SUCH CONTENT, OR (II) LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT.
(B) Exclusive Remedy ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. DigiGifts WARRANTS ONLY THAT PHOTOGRAPHIC MATERIALS PROVIDED WILL BE RETURNED TO YOU IN USABLE CONDITION. IF YOUR FILM, PRINTS, OR NEGATIVES ARE DAMAGED, OF UNACCEPTABLE QUANTITY OR QUALITY, OR LOST OR NOT RETURNED, DigiGifts'S SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE FOR DigiGifts TO EITHER (I) REFUND THE FULL AMOUNT OF THE PURCHASE PRICE OF SUCH PRINTS, OR (II) REPRINT THE PHOTOS AT NO EXTRA COST.
(C) Disclaimer EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, DigiGifts AND DigiGifts AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DigiGifts MAKES NO WARRANTY THAT (i) THE SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE SERVICE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (iii) THE SERVICE WILL MEET YOUR REQUIREMENTS. DigiGifts MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, OR SERVICES THAT ARE PURCHASED, ACCESSED, OR OBTAINED THROUGH THE SERVICE OR THAT ARE ADVERTISED ON THE SITE, INCLUDING THAT SOFTWARE WILL BE FREE OF CORRUPTIVE CODE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(D) Remedies. TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.
TO THE FULLEST EXTENT PERMITTED UNDER LAW, DigiGifts WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
DigiGifts may, in its sole discretion, terminate your Membership (or any part thereof) or your use of the Service, and remove and discard any Content at any time, without notice, for any reason, including: (i) conduct that violates these Terms or other policies or guidelines set forth by DigiGifts elsewhere within the Service, (ii) conduct DigiGifts believes is harmful to other DigiGifts users, the business of DigiGifts, or its Affiliates. DigiGifts will not be liable to you or any third-party for any termination of your access to the Service.
DigiGifts may amend these Terms at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service. Any amendments or modifications made by DigiGifts will be prospective only.
These Terms constitute the entire agreement between you and DigiGifts governing your use of the Service. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use DigiGifts Affiliate services, third-party Content, or third-party software.
The failure of DigiGifts to exercise or enforce any Term will not constitute a waiver of such Term. If any Term is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.
You can report abuse of these Terms to firstname.lastname@example.org