Terms of Service
digitavice Terms of ServiceLast Update: August 2022
Welcome to digitavice.com.
The following terms of service (these “Terms of Service”), govern your access to and use of the Digitavice website and mobile application, including any content, functionality and services offered on or through www.digitavice.com or the Digitavice mobile application (the “Site“) by digitavice International Ltd. (Cardiff,CF37 1RW,UNITED KINGDOM) as applicable. Digitavice International Ltd. and its subsidiaries are collectively referred hereto as “digitavice “ “we” or “us” and “you” or “user” means you as an user of the Site.
This Site is offered and available to users who are at least 18 years of age and of legal age to form a binding contract. If you are under 18 and at least 13 years of age, you are only permitted to use the Site through an account owned by a parent or legal guardian with their appropriate permission. If you are under 13 you are not permitted to use the Site or the digitavice services. By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site
Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request here.
The original language of these Terms of Service, as well as all other texts throughout the Site, is English. digitavice makes this translation available for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.
Buyers are users who purchase services on digitavice.
Business Account is a collaborative Buyer account, created via digitavice Business, as detailed on Digitavice Business Terms of Service (available here).
Business Account Team Member or Team Member is any user that is invited or uses a Business Account.
Custom Offers are exclusive proposals that a Seller can create in response to specific requirements of a Buyer.
Custom Orders are requests made by a Buyer to receive a Custom Offer from a Seller.
Gig® Extras are additional services offered on top of the Seller’s Gig for an additional price defined by the Seller.
Gig® Packages allow Sellers to offer services in different formats and prices. Packages can include upgrades, which lets Sellers price their service for a basic price of over $5.
Gig® Page is where the Seller can describe their Gig and the Gig’s terms, and the Buyer can purchase the Gig and create an order.
Gig® / Gigs® are services offered on digitavice.
Logo Design is an original design for a logo uploaded by a Seller through the digitavice Logo Maker.
Logo Maker is the automated logo design tool offered by digitavice to users as further explained in these Terms of Service.
Order Page is where Buyers and Sellers communicate with each other in connection with an ordered Gig.
Orders are the formal agreements between a Buyer and Seller after a purchase was made from the Seller’s Gig Page.
Sellers are users who offer and perform services through Gigs or through the Logo Maker on digitavice.
Overview (Main terms, in a nutshell)
- Only registered users may buy and sell on digitavice. Registration is free. In registering for an account, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.
- Gigs on digitavicemay be offered at a base starting price of $5. Some Gigs are offered at a base price of more than $5 as determined by the Seller.
- Buyers pay digitavicein advance to create an order
- Orders are purchased through the Order button found on a Seller’s Gig page or through a Custom Offer.
- For fees and payments please read the Payment Terms
- Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Sellers’ reputation and status.
- Sellers gain account statuses (Levels) based on their performance and reputation. Advanced levels provide their owners with benefits, including offering services for higher prices through Gig Extras, or selling their Gig in multiples.
- Users may not offer or accept payments using any method other than placing an order through digitavice .com.
- When purchasing a Gig, Buyers are granted all rights for the delivered work, unless otherwise specified by the Seller on their Gig page. Note: some Gigs charge additional payments (through Gig Extras) for Commercial Use License. See our “Ownership” and “Commercial Use License” sections below for more information.
- digitavice retains the right to use all published delivered works and Logo Designs for Digitavice marketing and promotion purposes.
- Users undertake to comply with digitavice Community Standards, which are a set of behavior rules and guidelines, applicable to the digitavice community and marketplace in addition to these Terms of Service, as updated from time to time.
- digitavice offers its users the Logo Maker, which allows certain Sellers to offer various original logo designs for Buyers to adjust and customize per their own specific needs, using special automated design tools. Through the Logo Maker, Buyers purchase full commercial use rights to the Logo Design embedded with their brand name.
- Sellers create Gigs on digitavice to allow Buyers to purchase their services.
- Sellers may also offer Custom Offers to Buyers in addition to their Gigs.
- Each Gig you sell and successfully complete, accredits your account with a revenue equal to 80% of the purchase amount.
- digitavice accredits Sellers once an order is completed. See our “Orders” section below for a definition of a completed order.
- For more information about receiving payments, fees and taxes see the Payment Terms.
- Sellers may not promote their Gigs or any digitavice content via the Google Ads platform.
- The Seller’s rating is calculated based on the order reviews posted by Buyers or Business Account Team Members. High ratings allow Sellers to obtain advanced Seller levels (see Levels below). In certain cases, exceedingly low ratings may lead to the suspension of the Seller’s account.
- For security concerns, digitavice may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple Digitavice accounts to a single withdrawal provider.
- Sellers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.
- Sellers are allowed to post a select amount of active Gigs based on their Level status.
- 10 Gigs for Sellers without a Level status.
- 20 Gigs for Level 1 Sellers.
- 30 Gigs for Level 2 Sellers.
- 50 Gigs for Top Rated Sellers.
- Gigs created on digitavice are User Generated Content.
- Gigs and/or users may be removed by digitavice from the Site for violations of these Terms of Service and/or our Community Standards, which may include (but are not limited to) the following violations and/or materials:
- Illegal or Fraudulent services
- Copyright Infringement, Trademark Infringement, and violation of a third party’s terms of service reported through our Intellectual Property Claims Policy.
- Adult oriented services, Pornographic, Inappropriate/Obscene
- Intentional copies of Gigs
- Spam, nonsense, or violent or deceptive Gigs
- Gigs misleading to Buyers or others
- Reselling of regulated goods
- Offering to prepare academic works on behalf of Buyers
- Exceedingly low quality Gigs
- Promoting digitavice and/or Digitavice Gigs through activities that are prohibited by any laws, regulations, and/or third parties’ terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
- Gigs that are removed for violations mentioned above, may result in the suspension of the Seller’s account.
- Gigs that are removed for violations are not eligible to be restored or edited.
- Gigs may be removed from our Search feature due to poor performance and/or user misconduct.
- Gigs may include pre-approved website URLs contained within the Gig description and requirements box. Gigs containing websites promoting content, which violates digitavice Terms of Service and/or our Community Standards, will be removed.
- Gigs are required to have an appropriate Gig image related to the service offered. An option to upload two additional Gig images are available to all Sellers. Sellers must deliver the same quality of service as shown on their Gig images. Recurring deliveries that don’t match the quality shown on the Gig images may lead to the Seller’s account losing Seller status or becoming permanently disabled.
- Gigs may contain an approved Gig Video uploaded through the Gig management tools available on digitavice.
- Statements on the Gig Page that undermine or circumvent these Terms of Service is prohibited.
- Eligible Gigs in select Categories may set up Gig Packages to offer their services in structured formats with multiple price points for the selected Gig.
- Certain categories are available only to Pro Sellers to create Gigs. If you are not a Pro Seller, creating a Gig for services available to Pro only may result in removal of your Gig.
- Gig Extras are additional services offered on top of the Seller’s Gig for an additional price defined by the Seller.
- Gig Extras may be removed for violations of our Terms of Service and/or our Community Standards. For specific terms, please see the Gigs section above for a list of services that violate our Terms of Service. Gigs are subject to be removed due to violations found in Gig Extras.
- The amount of Gig Extras, which can be offered, and the price for each Gig Extra, is based on your Seller Level. More information surrounding your accounts eligibility for Gig Extras can be found here.
- Services offered through Gig Extras must be related to the base service and part of the deliverables on the Order.
- Gig Extras may cover different categories of services that are components to a higher quality delivered service.
- Sellers have the option to extend the duration of an Order for each Gig Extra that is added to the Order. This is to cover the time needed to complete the extra service.
digitavice is all about helping Sellers leverage their skills. We seek to empower top performing Sellers with helpful tools to grow their business. Sellers who invest in self-promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, Digitavice may reward them with new statuses, special opportunities, benefits, and tools that come with it.
- digitavice Sellers can gain account Levels based on their activity, performance and reputation. The advancement criteria can be found here.
- Advancement in Levels are updated periodically by an automated system.
- The current Levels a Seller can achieve are, Level 1, 2, and Top Rated.
- Sellers who cannot maintain their high quality service, experience a severe drop in ratings, or stop delivering on time risk losing their Seller status and the benefits that come with it. For example, late deliveries, warnings to the Seller’s account and cancellations can cause a Seller to move to a different Level.
- Advanced levels provide their owners with additional benefits, including offering Gigs for higher prices through Gig Extras, or selling their Gig in multiples.
Top Rated Sellers
- Top Rated Sellers are chosen manually by digitavice editors through an ongoing review process based on seniority, volume of sales, extremely high ratings, exceptional customer care, high order completion rate and community leadership. Top Rated Sellers gain access to more extensive features than previous levels, including exclusive access to beta features and VIP support.
- Top Rated eligibility is constantly evaluated by digitavice to ensure that the quality standards and expectations of the Top Rated selection is kept. Digitavice retains the right to change a Top Rated Seller status in light of such evaluation. In addition, Top Rated Sellers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service and/or our Community Standards, also risk losing their Top Rated status and the benefits that come with it.
- Pro Sellers are pre-verified professionals who undergo a vetting process by digitavice editors. Applying for Digitavice Pro is open to everyone: professional freelancers who are new to Digitavice, as well as existing Digitavice Sellers.
- Pro Sellers eligibility is constantly evaluated by digitavice to ensure that the quality standards and expectations of the Pro Seller selection is kept. Digitavice retains the right to change a Pro Seller status in light of such evaluation. In addition, Pro Sellers who cannot maintain their high quality service through a severe drop in ratings, stop delivering on time, increased cancellation rate or violate our Terms of Service, also risk losing their Pro status and the benefits that come with it.
digitavice Sellers have access to several exclusive features that help customize the way their services can be offered.
- Sellers can also send Custom Offers addressing specific requirements of a Buyer.
- Custom Offers are defined by the Seller with the exact description of the service, the price and the time expected to deliver the service.
- Custom Offers are sent from the conversation page.
- Services provided through Custom Offers may not violate digitavice Terms of Service and/or our Community Standards.
- Sellers may offer Buyers a fixed term subscription for a specific Gig (the “Gig Subscription”). During the Gig Subscription term, Seller will deliver one Order of the same Gig on a recurring basis, as agreed between the Seller and Buyer.
- Buyers may cancel future Orders under the Gig Subscription before payment is made for such future Orders. In such case, the Orders under the Gig Subscription will be cancelled, as applicable. Once payment is made, digitavice Order Cancelation policy under the Payments Terms will apply.
- Sellers may cancel the Gig Subscription up to 10 days before the next consecutive Order. Otherwise, digitavice Order Cancelation policy under the Payments Terms will apply.
- digitavice Anywhere is a feature that allows Sellers to send Custom Offers outside of Digitavice.
- Services offered through digitavice Anywhere must comply with our Terms of Service and our Community Standards.
- Users accessing and purchasing from a digitavice Anywhere offer that are not already members of Digitavice, will be required to register with Digitavice to create an Order.
- Sellers are required to deliver proof of completion of services in the Order Page. Please see our Orders section for further details.
- Communication for handling Orders should be performed on digitavice, through the Order Page. Users who engage and communicate off of digitavice will not be protected by our Terms of Service.
- You may not offer direct payments to Sellers using payment systems outside of the digitavice platform.
- digitavice retains the right to use all publicly published delivered works for Digitavice marketing and promotional purposes.
- Buyers may request a specific service from the Post a Request feature. Services requested on Digitavice must be an allowed service on digitavice .
- Please refer to the Payment Terms for making Payments through the digitavice platform and to learn about fees and taxes.
- In addition, Buyers can request a Custom Order which addresses specific Buyer requirements, and receive a Custom Offer from Sellers through the site or through digitavice Anywhere.
- You may not offer Sellers to pay, or make payment using any method other than through the digitavice .com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.
- Once payment is confirmed, your order will be created and given a unique digitavice order number (#FO).
- Sellers must deliver completed files and/or proof of work using the Deliver Work button (located on the Order page) according to the service that was purchased and advertised on their Gig.
- The Deliver Work button may not be abused by Sellers to circumvent Order guidelines described in these Terms of Service. Using the “Deliver Work” button when an Order was not fulfilled may result in a cancellation of that Order after review, affect the Seller’s rating and result in a warning to Seller.
- An Order is marked as Complete after it is marked as Delivered and then accepted by a Buyer. An Order will be automatically marked as Complete if not accepted and no request for modification was submitted within 3 days after the Order was marked as Delivered.
- We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact digitavice Customer Support department for assistance here. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.
- Orders through the Logo Maker are completed once payment is made by the Buyer.
- A milestone (on an Order with milestones) is marked as Complete after it is delivered by the Seller and then accepted by the Buyer. A milestone will be automatically marked as complete if no acceptance or request for modification were submitted within 8 days after being marked as Delivered, however, in such case the Order will be stopped and all further milestones will not start. Once a milestone is delivered and accepted, Buyers may choose to either continue with the Order and pay for the next milestone, or to stop the Order. If Buyer does not pay for the next milestone within 10 days of acceptance of previous milestones, the Order under the next milestones will not start. Please note that if you choose to stop the future milestones, the current ordered milestone will not be cancelled.
- Buyers may purchase a Gig Subscription, if available on the Seller’s Gig page. During the Gig Subscription term, a new Order of the same Gig will be automatically created on a recurring basis, as agreed between the Seller and Buyer. By purchasing a Gig Subscription, you authorize us to automatically charge you for each Order under the Gig Subscription from your digitavice Balance or saved payment method, as applicable. If you do not have any digitavice Balance or a saved payment method, you will be requested to approve the payment prior to the next Order. In case a payment is not processed or made by Buyer, for any other reason, the Orders under the Gig Subscription will be cancelled. Buyer may also cancel future Orders under the Gig Subscription before payment is made for such future Orders. Once payment is made, Digitavice’s Order Cancelation policy under the Payments Terms will apply. Please note that Sellers can cancel future Orders under the Gig Subscription 10 days prior to the next consecutive Order.
- Certain Gigs that offer local services might require Buyers and Sellers to meet in person in order for the Seller to perform the service. In such cases, users should note that Digitavice does not guarantee the behavior, conduct, safety, suitability or ability of either Buyers or Sellers. Both Buyers and Sellers agree that the entire risk arising out of their meeting and/or their use or performance of local services remains solely with them, and Digitavice has no responsibility or liability related to any local services provided by the Sellers. In the event that the service is performed on the Buyers’ premises, Buyers are encouraged to maintain proper insurance policies to cover their liability as the premise owner. Digitavice’s Terms of Service and Community Standards remain applicable to Orders that are performed outside of the marketplace (including, among others, the below restrictions on Unlawful Use, Inappropriate Behavior & Language, and Targeted Abuse).
- When a Buyer orders a Gig, the Seller is notified by email as well as notifications on the site while logged into the account.
- Sellers are required to meet the delivery time they specified when creating their Gigs. Failing to do so will allow the Buyer to cancel the Order when an Order is marked as late and may harm the Seller’s status.
- Sellers must send completed files and/or proof of work using the Deliver Completed Work button (located on the Order page) to mark the Order as Delivered.
- Users are responsible for scanning all transferred files for viruses and malware. Digitavice will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
- Buyers may use the “Request Revisions” feature located on the Order Page while an Order is marked as Delivered if the delivered materials do not match the Seller’s description on their Gig page or they do not match the requirements sent to the Seller at the beginning of the order process.
- Feedback reviews provided by Buyers while completing an Order are an essential part of Digitavice’s rating system. Reviews demonstrate the Buyer’s overall experience with the Sellers and their service. Buyers are encouraged to communicate to the Seller any concerns experienced during their active order in regards to the service provided by the Seller.
- Leaving a Buyer’s feedback is a basic prerogative of a Buyer. Feedback reviews will not be removed unless there are clear violations of our Terms of Service and/or our Community Standards.
- To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Digitavice platform from users within our Community. Purchases arranged, determined to artificially enhance Seller ratings, or to abuse the Digitavice platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
- Feedback comments given by Buyers are publicly displayed on a Seller’s Gig page.
- Work Samples are the delivered images and videos sent to a Buyer in a delivery message. Work Samples are added to a Seller’s Live Portfolio on their Gig page if the Buyer chooses to publish the Work Sample while providing a public feedback review.
- Withholding the delivery of services, files, or information required to complete the Gig’s service with the intent to gain favorable reviews or additional services is prohibited.
- Responding and posting a review: Once work is delivered, the Buyer has three days to respond. If no response is provided within the response period, the Order will be considered completed.
- Users are allowed to leave reviews on Orders up to 10 days after an Order is marked as complete. No new reviews may be added to an Order after 10 days.
- Sellers may not solicit the removal of feedback reviews from their Buyers through mutual cancellations.
- Once the Buyer submits his/her review, the Seller will receive a notification and will also have the opportunity to leave a review about working with the Buyer. Please Note: At this stage, Sellers cannot see the Buyer’s review.
- Once both Seller and Buyer have completed their reviews, or the 10 days have passed, all posted reviews are made public.
- Responding to a review: Once both reviews from the Buyer and Seller have been published, the Seller can reply to the Buyer’s review from the Order page, seen on the Seller’s Gig page, beneath the Buyer’s feedback.
- Feedback reviews are unavailable for orders made through the Logo Maker.
Disputes and Cancellations
We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Digitavice’s Customer Support department for assistance . For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.
Digitavice Logo Maker allows certain Sellers to offer various original logo designs (each, a “Logo Design”) for Buyers to adjust and customize per their own specific needs, using special automated design tools. Through the Logo Maker, Buyers purchase full commercial use rights to the Logo Design embedded with their brand name.
Digitavice Logo Maker Sellers are chosen manually by Digitavice editors through an ongoing review process based on quality of designs, seniority, volume of sales, high ratings, exceptional customer care, high order completion rate and more.
- By uploading a Logo Design to Digitavice Logo Maker you represent and warrant that it is your original work, you exclusively own all rights to such design, and it does not infringe any third party rights. You further warrant that such design was never sold before to anyone and that you will not offer it for sale outside of Digitavice Logo Maker.
- We may use automated systems that analyze your uploaded Logo Design to help detect and prevent infringement or other illegal content.
- We may limit the number of active Logo Designs you can offer.
Logo Design Commercial use license
When an order through the Logo Maker is completed, and subject to payment, the Seller grants the Buyer a worldwide, royalty-free, non-sublicensable, non-exclusive, irrevocable license to use the Logo Design embedded with the Buyer’s brand name for any purpose, except for any illegal, immoral or defamatory purpose. There is no warranty, express or implied, with the grant of this license, including with respect to fitness for a particular purpose. Neither the Seller nor Digitavice will be liable for any claims, or incidental, consequential or other damages arising out of this license, the Logo Design or the Buyers use of the Logo Design. For the avoidance of doubt, the Seller retains all ownership rights to the Logo Design, and no ownership or copyrights are granted to the Buyer.
User Conduct and Protection
Digitavice enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on Digitavice reflect the diversity of an expanding Gig economy. Members of the Digitavice community communicate and engage through orders, social media, and on Digitavice’s Community Forums.
Digitavice maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Digitavice. This section relates to the expected conduct users should adhere to while interacting with each other on Digitavice.
To report a violation of our Terms of Service and/or our Community Standards, User Misconduct, or inquiries regarding your account, please contact our Customer Support team.
- To protect our users’ privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of Digitavice in order to circumvent or abuse the Digitavice messaging system or Digitavice platform is not permitted.
- Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page.
- Digitavice does not provide any guarantee of the level of service offered to Buyers. You may use the dispute resolution tools provided to you in the Order Page.
- Digitavice does not provide protection for users who interact outside of the Digitavice platform.
- All information and file exchanges must be performed exclusively on Digitavice’s platform.
- Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
- Digitavice is open to everyone. You undertake not to discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation or otherwise and you acknowledge that such discrimination may result in the suspension/removal of your account.
- Users may not submit proposals or solicit parties introduced through Digitavice to contract, engage with, or pay outside of Digitavice.
Users may receive a warning to their account for violations of our Terms of Service and/or our Community Standards or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing Seller statuses or becoming permanently disabled based on the severity of the violation.
Adult Services & Pornography – Digitavice does not allow any exchange of adult oriented or pornographic materials and services.
Inappropriate Behavior & Language – Communication on Digitavice should be friendly, constructive, and professional. Digitavice condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.
Phishing and Spam – Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Gigs or orders.
Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Order Page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of Digitavice will not be protected by our Terms of Service.
Authentic Digitavice Profile – You may not create a false identity on Digitavice, misrepresent your identity, create a Digitavice profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Digitavice reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).
Intellectual Property Claims – Digitavice will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here.
Fraud / Unlawful Use – You may not use Digitavice for any unlawful purposes or to conduct illegal activities.
Abuse and Spam
Multiple Accounts – To prevent fraud and abuse, users are limited to one active Digitavice account and one active Digitavice Business account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Digitavice community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of Digitavice’s Terms of Service and/or our Community Standards is a cause for permanent suspension of all accounts.
Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on Digitavice. This includes creating new multiple accounts to harass members through our message or ordering system.
Selling Accounts – You may not buy or sell Digitavice accounts.
The Site, including its general layout, look and feel, design, information, content and other materials available thereon, is exclusively owned by Digitavice and protected by copyright, trademark, and other intellectual property laws. Digitavice®, Gig® and Gigs® are all registered trademarks owned exclusively by Digitavice. Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site (including its mobile applications): (i) copy, transfer, adapt, modify, distribute, transmit, display, create derivative works, publish or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) remove any copyright notice, identification or any other proprietary notices; (iv) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Site; (v) attempt to gain unauthorized access to, interfere with, damage or disrupt the Site or the computer systems or networks connected to the Site; (vi) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Site; (vii) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Site to monitor, extract, copy or collect information or data from or through the Site, or engage in any manual process to do the same, (viii) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems, (ix) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site or (x) access or use the Site in any way not expressly permitted by these Terms of Service. Users also agree not to permit or authorize anyone else to do any of the foregoing.
Except for the limited right to use the Site according to these Terms of Service, Digitavice owns all right, title and interest in and to the Site (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We reserve all rights in connection with the Site and its content (other than UGC) including, without limitation, the exclusive right to create derivative works.
To the extent that you provide Digitavice with any comments, suggestions or other feedback regarding the Digitavice platform or the Site as a whole, as well as other Digitavice products or services (collective, the “Feedback”), you will be deemed to have granted Digitavice an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Digitavice is under no obligation to implement any Feedback it may receive from users.
Sellers should recognize that there might be a need for Buyers to disclose certain confidential information to be used by Sellers for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Therefore, Sellers agree to treat any information received from Buyers as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Sellers specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the Buyer’s permission.
- Digitavice reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service and/or our Community Standards or due to any illegal or inappropriate use of the Site or services.
- Violation of Digitavice’s Terms of Service and/or our Community Standards may get your account disabled permanently.
- Users with disabled accounts will not be able to sell or buy on Digitavice.
- Users who have violated our Terms of Service and/or our Community Standards and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
- Users have the option to enable account Security features to protect their account from any unauthorized usage.
- Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
- Disputes should be handled using Digitavice’s dispute resolution tools (‘Resolution Center’ on the order page) or by contacting Digitavice Customer Support.
- Digitavice may make changes to its Terms of Service from time to time. When these changes are made, Digitavice will make a new copy of the terms of service available on this page.
- You understand and agree that if you use Digitavice after the date on which the Terms of Service have changed, Digitavice will treat your use as acceptance of the updated Terms of Service.
User Generated Content
User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to Digitavice by our users (Buyers and Sellers) is User Generated Content. Digitavice does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the Digitavice platform, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
Furthermore, Digitavice is not responsible for the content, quality or the level of service provided by the Sellers (even if they are Pro Sellers, Top Rated Sellers, offer Promoted Gigs or otherwise). We provide no warranty with respect to the Gigs, their delivery, any communications between Buyers and Sellers, and the Logo Designs created through the Logo Maker. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate services.
By offering a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Digitavice. Sellers advertising online their Gig or Logo Design created through the Logo Maker must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the Gig or Logo Design from the Logo Maker, as applicable, and may lead to the suspension of Seller’s account.
For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement – please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
Ownership and limitations: When purchasing a Gig on Digitavice, unless clearly stated otherwise on the Seller’s Gig page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Seller, and the Seller waives any and all moral rights therein. Accordingly, the Seller expressly assigns to the Buyer the copyright in the delivered work. All transfer and assignment of intellectual property to the Buyer shall be subject to full payment for the Gig, and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work and its copyright shall be the exclusive property of the Buyer and, upon delivery, the Seller agrees that it thereby, pursuant to these Terms of Service, assigns all right, title and interest in and to the delivered work to the Buyer. Some Gigs (including for custom created work) charge additional payments (through Gig Extras) for a Commercial Use License. This means that if you purchase the Gig for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a Gig Extra and will have broader rights that cover your business use.
For Voice Over Gigs, when the work is delivered, and subject to payment, the Buyer is purchasing basic rights, (which means the Buyer is paying a one time fee allowing them to use the work forever and for any purpose except for commercials, radio, television and internet commercial spots). If you intend to use the Voice Over to promote a product and/or service (with the exception of paid marketing channels), you will need to purchase the Commercial Rights (Buy-Out) through Gig Extra. If you intend to use the Voice Over in radio, television and internet commercials, you will need to purchase the Full Broadcast Rights (Buy-Out) through Gig Extra. For further information on the type of buy-outs, please read below.
Furthermore, users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Digitavice, including Gig texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Digitavice for no consideration for marketing and/or other purposes.
Voice Over Commercial Buy-Out
When purchasing a Voice Over Gig, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased Voice Over (except for commercials, radio, television and internet commercial spots).
By purchasing a Commercial Rights (Buy-Out) with your order, in addition to the basic rights, the Seller grants you with a license to use the Voice Over for any corporate, promotional and non-broadcast purposes. Corporate, promotional and non-broadcast purposes means any business related use for the creation of, or to promote a for-product profit or service (with the exception of paid marketing channels), such as (by way of example): explainer videos posted to company websites, social networks or email campaigns, audiobooks, podcast intros, and strictly excludes any illegal, immoral or defamatory purpose.
By purchasing a Full Broadcast Rights (Buy-Out) with your order, in addition to the Commercial Rights, the Seller grants you with a license for full broadcasting, which includes internet, radio, and TV “paid channels” including (by way of example): television commercials, radio commercials, internet radio, and music/video streaming platforms, and strictly excludes any illegal, immoral or defamatory purpose.
This Buy-Out is subject to Digitavice’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Digitavice will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.
Gig Commercial Use License
By purchasing a “Commercial Use License” with your Gig Order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. For the avoidance of doubt, the Seller retains all ownership rights. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to Digitavice’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Digitavice will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.
Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DIGITAVICE NOR ANY PERSON ASSOCIATED WITH DIGITAVICE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Certain user-generated content on the Site has been translated for your convenience using translation software powered by Amazon Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Such translations are provided as a service to users of the Site, and are provided “as is”. No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of such translations made from English into any other language. Some user-generated content (such as images, videos, Flash, etc.) may not be accurately translated or translated at all due to the limitations of the translation software.
The official text is the English version of the Site. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated content, please refer to the English version of the content which is the official version.
Limitation on Liability
IN NO EVENT WILL DIGITAVICE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The term “Affiliate” referred to herein, is an entity that, directly or indirectly, controls, or is under the control of, or is under common control with Digitavice, where control means having more than fifty percent (50%) voting stock or other ownership interest or the majority of voting rights of such entity.