DEFINITIONS
“Conditions” means these terms and conditions: “Personal Information” means any personal details provided by you via the Website; “User(s)” means (a) user(s) of the Website either collectively or individually, as the context requires; “We/us/our” means digideal.co.uk, “Website” means the website located at digideal.co.uk or any subsequent URL which may replace it; and “You/your” means you as a user of the Website.
Your Resell Rights
Most of the items in this store come with resell rights, or private label rights.
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Basic Resell Rights and Resale Rights
By purchasing a product with basic resale rights, this allows you to sell the product as your own, but your customer receives no rights to resell.
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Master Resell Rights and Master Resale Rights
With these type of rights you have permission to pass on the rights to resell, and your customer has the rights to pass on the resell rights too. You can pass on several options options: sell for personal use, sell basic resell rights, or sell the Master Resell Rights.
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Private Label Rights and PLR
Private label rights (PLR) allow you not only to buy the product but also change the product in any manner you see fit. You can then put your name as the author.
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Give Away Rights
These allow you to give the product away for free normally to help build a mailing list, or to encourage repeat website visitors, members or customers.
PLEASE NOTE THAT WE ARE NOT THE AUTHORS OF ANY OF THE PRODUCTS LISTED ON THIS WEBSITE. ANY ADVICE FOLLOWED IN ANY PURCHASED ITEM IS FOLLOWED AT YOUR OWN RISK, WE ARE NOT RESPONSIBLE FOR ANY DETRIMENTAL AFFECTS RESULTING FROM YOUR USE OF ANY OF THE PRODUCTS YOU PURCHASE. SOFTWARE AND SCRIPTS MAY BE OLD AND INSECURE.
THESE CONDITIONS ALSO APPLY TO ANY NEWSLETTERS TO WHICH YOU MAY SUBSCRIBE. INFORMATION CONTAINED IN THEM IS FOR INFORMATIONAL PURPOSES ONLY. YOU FOLLOW ANY ADVICE AT YOUR OWN RISK AND AGREE NOT TO HOLD US RESPONSIBLE IF ANY NEWSLETTER CONTAINS CONTENT THAT YOU DECIDE TO ACT ON, AND YOU SUFFER ANY HARM OR DAMAGE AS A CONSEQUENCE.
IF ANY ITEM DISCUSSES WEIGHT OR HEATH MATTERS, PLEASE CONSULT YOUR DOCTOR BEOFRE USING THEM. WE ARE NOT RESPONSIBLE FOR YOU FOLLOWING HEALTH, FINANCIAL OR ANY OTHER ADVICE THAT MAY RESULT IN HARM OR OTHERWISE.
1 ACCESS
We will provide you with access to the Website in accordance with these Conditions, the main condition being that because of the nature of the products we offer for download, i.e. they cannot be returned, we can offer no refunds for any digital item.
We can also NOT provide support for any item that doesn’t work as expected. We are not the creators of the content offered on this website and all content is offered as-is.
2 YOUR OBLIGATIONS
2.1 You MUST read and abide by any license terms included in any download from this site – it is your responsibility to acquaint yourself with each download and the licensing rules contained within them.
You also:
2.1.1 agree not to use the Website (or any part of) for any illegal purpose and agree to use it in accordance with all relevant laws;
2.1.2 agree not to upload or transmit through the Website any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
2.1.3 will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
2.1.4 will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired;
2.1.5 will not use the Website in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);
2.1.6 agree that in the event that you have any right, claim or action against any Users arising out of that User’s use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.
2.1.7 Will fully inform yourself and comply with any license of any item you purchase from us. We are not liable for any wrongful distribution on the part of our members.
3 INDEMNITY
3.1 You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of the Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your PC or internet access account, or by your use of any downloads obtained via the website. Some downloads may not work as advertised/expected and you agree not to hold us responsible for this, or for any other detrimental affects resulting from anything you download from the website. We are not the creators of the majority of the downloads and cannot provide support for them or be held responsible for anything to do with them.
4 OUR RIGHTS
4.1 We reserve the right to:
4.1.1 modify or withdraw, temporarily or permanently, products, the Website (or any part of) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
4.1.2 change these Conditions from time to time, and your continued use of the Website (or any part of) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
4.2 We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website due to circumstances beyond our control, or for any lost or stolen data.
5 THIRD PARTY LINKS
In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
6 MONITORING
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website and/or reporting violations to any proper authorities).
7 YOUR DATA
7.1 We respect your personal information and undertake to comply with applicable UK Data Protection legislation from time to time in place.
7.2 You should be aware that:
7.2.1 if we are requested by the police or any regulatory or government authority investigating suspected illegal activities, or upon receipt of a court order, to provide your Personal Information and/or information concerning your activities whilst using the Website we shall do so; and
7.3 We reserve the right in our reasonable discretion to disclose details of your use of the Website in relation to any, or any threatened, Court Proceedings in connection with your use, or the use of anyone under your control, of the Website whether in connection with the matters set out in these Conditions or otherwise.
7.4 Please view our Privacy Policy, which forms part of these Conditions.
8 INTELLECTUAL PROPERTY AND RIGHT TO USE
8.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or by the authors of any creations we put up for download. Please check each file you download for the rights you have for each one, it is your responsibility to abide by them.
8.2 The Website is Copyright, digideal.co.uk, 2020.All rights reserved.
9. NOTICES
9.1 You may send us notices under or in connection with these Conditions:
9.1.1 by email to [email protected].
9.2 As proof of sending does not guarantee our receipt of your notice, you must ensure that you have received an acknowledgement from us, which will be sent within 3 working days of our receipt and should be retained by you.
10. LIMITATION OF LIABILITY
10.1 WHILE WE WILL USE REASONABLE ENDEAVOURS TO VERIFY THE ACCURACY OF ANY INFORMATION WE PLACE ON THE WEBSITE, WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED IN RELATION TO ITS ACCURACY.
10.2 The Website is provided on an “as is” and “as available” basis without any representation or endorsement. Unless specified in separate terms and conditions related to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to the Website, or products or services offered on the Website whether by us or on our behalf (including downloads) including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade.
10.3 Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the Website or products or services offered on the Website whether by us or on our behalf (including downloads) will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server that makes it available or products or services offered on the Website whether by us or on our behalf (including downloads) are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website.
10.4 Notwithstanding any other provision in the Conditions, nothing shall limit your rights as a consumer under United Kingdom law.
10.5 You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you.
10.6 We will not be liable in contract, tort or otherwise if you incur loss or damage connecting to the Website through a third party’s hyper-text link.
10.7 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with the Website or products or services offered on the Website whether by us or on our behalf (including downloads) for:
10.7.1 any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
10.7.2 any loss of goodwill or reputation; or
10.7.3 any special or indirect or consequential losses; in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.
10.8 Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
11 SEVERANCE
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Conditions and shall not effect the validity and enforceability of any of the remaining provisions of the Conditions.
12 WAIVER
Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision.
13 SURVIVAL
Each provision of these Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
14 ENTIRE AGREEMENT
These Conditions (as amended from time to time) contain the entire agreement between you and us relating to the subject matter covered and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Conditions. You confirm that, in agreeing to accept these Conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these Conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Conditions save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of these Conditions.
15 LAW
The Conditions will be exclusively governed by and construed in accordance with the laws of United Kingdom whose Courts will have exclusive jurisdiction in any dispute, save that we have the right, at our sole discretion, to commence and pursue proceedings in alternative jurisdictions.
By joining our free affiliate program, you agree not to promote your affiliate links and banners by any illegal or unethical means. If we suspect any member of doing so or of cheating in any way, we reserve the right to withhold any and all earnings and delete the suspected offenders membership without notice. Affiliates must also agree to receive periodic mailings from admin. Payment can be requested once your affiliate earnings reach £5, and will be paid via Paypal. We reserve the right to payout without your request if we wish to do so. Affiliate earnings will only be registered if your referral upgrades their account or purchases a product, such as a one-time-offer. If your referral receives a refund, the affiliate payment will be forfeited for that particular purchase.
Once you have requested a payment, we will take steps to make sure that the earnings are legitimate before making any such payments. We will not tolerate fraudulent transactions or payment requests, or any other kind of theft attempts.
Suspension and Termination
We will determine whether there has been a breach of these acceptable use standards and we may take such action as we deem appropriate. Failure to comply with these acceptable use standards constitutes a material breach of these terms and may result in our taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use the website
Immediate, temporary or permanent removal of any posting or material uploaded by you to the website
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
Such other actions we deem appropriate.
We exclude liability for actions taken in response to breaches of these acceptable use standards.