Terms of Use

References to "Selldigi", "we", or "us" are references to Selldigi.

Selldigi provides buyers and sellers (collectively, "Users") with an e-commerce engine (the "Service") for the purchase and sale of electronic content ("Digital Goods") via a link (the "Selldigi Link") to a file hosted by the seller ("Seller") or by Selldigi at Selldigi.com (the "Website").

Acknowledgement and Acceptance of Terms of Service

  1. These Terms of Service set out the terms on which we offer the Service and provide the Website and on which you agree to use the Service provided by Selldigi and the Website maintained by Selldigi. By selling or purchasing Digital Goods or by downloading or using the Selldigi Link, you accept and agree to be bound by the terms of this Agreement, whether or not you register with Selldigi.
  2. Please review these Terms of Service carefully and make sure that you understand them before using the Service or the Website. If you do not agree to these Terms of Service, you must cease use of the Service and Website immediately. We strongly recommend that, as you read these Terms of Service, you also access and read any linked information.
  3. Use of the Service or the Website is permitted only by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, use of the Service or Website is not permitted by anyone under the age of 18. If you do not qualify, please do not use the Service or the Website.
  4. These Terms of Service are subject to change by Selldigi in its sole discretion at any time by posting notice of the change on the Website. If Selldigi makes any material changes and you have registered to use the Service, Selldigi will also send an email to you at the last e-mail address you provided to Selldigi. Any changes to these Terms of Service will be effective immediately for new Users and will be effective thirty (30) days after posting of a notice of such changes on the Website for existing Users. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Service and the Website. Otherwise, your continued use of the Service and/or the Website constitutes your acceptance of such change(s).
  5. You can review the most current version of our Terms of Service at any time by clicking on the "Terms of Service" or "Terms" link located at the bottom of the Website. The most current version displayed on that page will supersede all previous versions. It is your responsibility to ensure that you are familiar with the current Terms of Service. You are advised to check the above link on a regular basis.

Your Conduct

By downloading and/or using the Website and/or the Service and/or a Selldigi Link, you agree not to:

  1. violate any laws, third party rights or our policies;

  2. use our Website, Service, Selldigi Link, or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our Website, Service, Selldigi Link, or tools;

  3. fail to deliver payment for Digital Goods purchased by you;

  4. fail to deliver Digital Goods purchased from you;

  5. circumvent or manipulate our fee structure, the billing process, or fees owed to Selldigi;

  6. post or provide Selldigi with false, inaccurate, misleading, defamatory, or libelous content (including personal information). In the event that any information becomes inaccurate, you shall promptly provide Selldigi with complete and current information;

  7. attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Website to any third party, or jeopardize the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Website);

  8. attempt to gain access to secured portions of the Website to which you do not possess access rights;

  9. distribute or post spam, unsolicited, or bulk electronic communications, chain letters, viruses or pyramid schemes or any other technologies that may harm Selldigi, or the interests or property of Selldigi users;

  10. export or re-export any Selldigi tools except in compliance with the export control laws of any relevant jurisdictions;

  11. copy, modify or distribute rights or content from the Website, Service or tools or Selldigi's copyrights and trademarks;

  12. harvest or otherwise collect information about Users, including email addresses, without their consent; or

  13. use any automatic or manual process to search or harvest information from the Website, or to interfere in any way with the proper functioning of the Website.

  14. Selldigi and our community of Users (the "Community") work together to keep our Website and Service working properly and the Community safe. Please report problems, offensive content, and policy violations to us.

Our Rights

  1. In providing you with access to the Website, the Service and the Selldigi Link, Selldigi reserves the following rights, and in accessing, browsing or otherwise using the Website, the Service and/or the Selldigi Link, you grant to Selldigi and agree that Selldigi shall have the following rights:
  2. to refuse or withdraw your access to the Website, the Service and the Selldigi Link in accordance with applicable laws for any reason at any time (with or without notice) if in Selldigi's sole and absolute discretion you violate or breach any of these Terms of Service;
  3. to limit suspend, amend or disable the Service, any User account or any Selldigi Link without giving you notice or any reason;
  4. to amend or update the Website, fees, billing methods or these Terms of Service from time to time;
  5. without notice to delay or remove content, Digital Goods or User accounts for any reason whatsoever in our sole and absolute discretion, including without limitation content and materials which are unlawful, offensive, threatening, libellous, defamatory, obscene or which infringe third party rights, and user accounts used to propagate any such content or materials;
  6. to access any or all of a User's accounts in order to respond to his/her requests for technical support so long as we maintain appropriate administrative physical and technical safeguards for the protection of the security and confidentiality and integrity of the User's data;
  7. to report any User to the police or other judicial body if Selldigi believes in its sole and absolute discretion that such User's conduct (whether in using the Website, the Service, the Selldigi Link or otherwise) is unlawful or threatens the welfare of any user of the Website, the Service, the Selldigi Link or any member of Selldigi's staff; and
  8. to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue the Website, Service, Selldigi Link, or tools.

Intellectual Property

  1. Selldigi and/or its licensor(s) are the sole owners of the Website, which includes any software, domains, and content made available through the Website. The Website is protected by US and International copyright and other intellectual property laws.
  2. Without limitation, this means that no User may sell, export, license, modify, copy, distribute or transmit the Website (or any part of it) or any material provided through the Website without Selldigi's prior express written consent.
  3. Any unauthorized use of the Website will result in the automatic termination of the limited license granted by us. Selldigi reserves the right to terminate the limited license with respect to a User without notice at any time following an unauthorized use by such User of the Website.
  4. Selldigi and its graphics, logos, icons and service names related to the Website and the Service are registered and unregistered trademarks or trade dress of Selldigi. They may not be used without Selldigi's prior express written permission.
  5. All other trademarks not owned by Selldigi that appear in connection with the Website and/or the Service are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Selldigi.

Purchasing Digital Goods

  1. Buyers of Digital Goods ("Buyers") and Sellers share the responsibility for making sure purchases facilitated by Selldigi are exciting, rewarding and hassle-free. Selldigi is happy to work with both parties to resolve any conflicts or issues that arise. In the event that you have a dispute with another User, please notify us of the dispute by emailing support@selldigi.com
  2. Selldigi provides a platform through which Digital Goods can be bought and sold. Selldigi is not party to any contracts between Sellers and Buyers. The responsibility for payment for any Digital Goods purchased rests solely with the Buyer. The Buyer must make payment to the Seller directly. For the avoidance of doubt, in the event that a Buyer fails to make any payment due to a Seller or a Seller fails to deliver any Digital Goods purchased by a Buyer, Selldigi shall not be liable to make good any shortfall and shall not be responsible for any such default.
  3. Buyers may use the Website and/or Service at no cost.

Fees

  1. Selldigi charges Sellers a fee for each sale conducted via the Service. The fee is based on a sliding scale calculated by reference to a Seller's total monthly transactions, plus a per transaction fee to cover merchant costs (the "Fees").
  2. When a Seller lists Digital Goods, he/she has an opportunity to review and accept the fees that he/she will be charged based on our Fee Schedule, which we may change from time to time.
  3. Changes to our Fee Schedule shall be effective fourteen days after we have provided Sellers with notice of any changes by posting a notice detailing such changes on the Website.
  4. Sellers are responsible for paying all fees and applicable taxes associated with their use of the Website and Service and the sale of any Digital Goods (the "Taxes"). For the avoidance of doubt, we may charge VAT on our fees.
  5. All Fees are payable within 14 days of the end of each calendar month. You authorize us to deduct from your credit card, bank account or paypal account listed with us an amount equal to the Fees on or around the 14th day of the month after the month to which the Fees relate.

Content

  1. License. Any and all links to audio, text, photos, pictures, graphics, comments, and other content, data or information that you make available for sale to buyers via Selldigi (hereinafter "User Content") is generated, owned and controlled solely by you, and not by Selldigi. Selldigi does not claim any ownership rights in your User Content, and you hereby expressly acknowledge and agree that your User Content remains your sole responsibility.
  2. Posting and Communication Restrictions. You will not post on the Website, transmit to other Users, communicate any User Content (or links thereto) or Digital Goods (or links thereto), or otherwise engage in any activity on the Website or through the Service, that:
  3. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  4. is intended to or tends to harass, annoy, threaten or intimidate any other Users of the Website or Service;
  5. involves currency exchange;
  6. is defamatory, inaccurate, abusive, obscene, profane, child pornographic, offensive, obscene or otherwise objectionable;
  7. harmful to minors in any way;
  8. contains others' copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first;
  9. contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
  10. promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone's privacy, harm or harass another person, obtain others' identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
  11. intended to defraud, swindle or deceive other Users of the Service;
  12. contains viruses, time bombs, Trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
  13. promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
  14. disseminates another person's personal information without his or her permission, or collects or solicits another person's personal information for commercial or unlawful purposes;
  15. is off-topic, meaningless, or otherwise intended to annoy or interfere with others' enjoyment of the Website or the Service;
  16. impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
  17. solicits gambling or engages in any gambling or similar activity;
  18. uses scripts, bots or other automated technology to access or scrape content from the Website or Service;
  19. uses the Website or Service for chain letter, junk mail or spam e-mails;
  20. collects or solicits personal information about anyone under 18; or
  21. is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.

Feedback

By submitting ideas, suggestions, documents and/or proposals ("Feedback") to Selldigi through its suggestion, feedback, wiki, forum or similar pages, you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties; (ii) Selldigi is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (iii) Selldigi shall be entitled to use and disclose such Feedback for any purpose, in any way, worldwide; (iv) Selldigi may have something similar to the Feedback already under consideration or in development; and (v) you are not entitled to any compensation or reimbursement of any kind from Selldigi under any circumstances.

Limitation of Liability

  1. Selldigi provides the Service and Website "as is" and without any warranty or condition, whether express, implied or statutory. Selldigi specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Selldigi assumes no liability or responsibility for any errors or omissions in the Website or provision of the Service; any failures, delays or interruptions in the Website; any losses or damages arising from the use of the Service or Website; or any conduct by users of the Service or Website. Selldigi reserves the right to deliver the Service and Website in its sole and absolute discretion.
  2. In no event shall Selldigi, its shareholders, directors, officers, employees or agents be liable (jointly or severally) to you for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the Service and/or Website or these Terms of Service, on any theory of liability, and whether or not advised of the possibility of damage. Selldigi does not seek to exclude liability for death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation on the part of Selldigi. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.
  3. From time to time you may use or access services, promotions and websites of third parties. In using or accessing third party services, promotions and websites, you agree to be bound by the terms of service of such third parties governing their services, promotions and websites and hereby acknowledge that we shall not be responsible for the provision of services, accuracy of promotions or content of websites belonging or operated by third parties.
  4. You acknowledge and agree that Selldigi is not responsible for the accuracy of any information published on the Website by Users and does not warrant that any information appearing on the Website is accurate, true or complete. If you believe that any information appearing on the Website is incorrect, you should flag that information using the flag button on the Website and/or inform Selldigi of the information that you consider to be inaccurate and/or inform the user who posted the information that you consider it to be inaccurate. Selldigi specifically excludes liability for any loss, harm, distress or damage suffered by you or any third party as a result of inaccurate information appearing on the Website.
  5. The Website and any content displayed thereon may contain facts, views, opinions, recommendations and advice. These views, opinions, recommendations and advice are not those of Selldigi and are not endorsed by Selldigi. Selldigi shall not be liable in the event that any content is defamatory, misleading, incomplete or incorrect. Similarly Selldigi shall not be liable in the event that any fact is incorrect or misleading.
  6. Selldigi is not responsible for the conduct of its Users (whether online or offline) and shall not be liable for any actions or postings of any User.

Privacy

You provide us with information when you register on the Website. We also collect information both relating to you (for example on your usage history and your preferences for certain kinds of offer) and to users of the Website and the Services in general. Any information that you submit or that we collect when you are using the Website or Services is subject to the Selldigi Privacy Policy, the terms of which are hereby incorporated into these Terms of Service.

Indemnity

  1. You agree to indemnify and hold Selldigi and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and court costs, arising, directly or indirectly, out of your use of the Services and/or website or your violation of any law or the rights of any third party.

General

  1. These Terms of Service are agreed between you and us. No person shall have any rights under or connection with these Terms of Service under the Contracts (Rights of Third Parties) Act 1999.
  2. If any court or competent authority decides that any term of these Terms of Service is held to be invalid, unlawful or unenforceable to any extent, such term shall, to that extent only, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by law.
  3. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.
  4. Our failure to enforce any provision of these Terms of Service shall not constitute a waiver of that or any other provision and will not relieve you from the obligation to comply with such provision.
  5. You are not permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights under these Terms of Service without our prior express written consent.
  6. These Terms of Service set forth the entire understanding and agreement between you and Selldigi with respect to the subject matter hereof.
  7. These Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of US.
  8. You irrevocably agree that the courts of US shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these Terms of Service agreement or their subject matter or formation (including non-contractual disputes or claims).

Contact us

If you have any questions about these Terms of Service or the download and/or use of the Website and/or Services, please contact us at: support@selldigi.com

This document was last updated on April 28, 2013