Our terms of use

DIGJACK TERMS OF USE

REVISION DATE:  [27th Oct 2019]

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Digjack LLC, doing business as Digjack (“Digjack”, “we”, “us”, or “our”), concerning your access to and use of the https://digjack.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). The Site provides an online marketplace for new and used collectibles and games (the “Marketplace Offerings”). It is important for you to understand that although the Site connects buyers with sellers, Digjack is not part of any transactions that occur on the Site. All transactions are directly between the buyer and seller. In order to help make the Site a secure environment for the purchase and sale of Marketplace Offerings, all users, including buyers and sellers, are required to accept and comply with these Terms of Use. You agree that by accessing the Site and/or the Marketplace Offerings, you have read, understood, and agree to be bound by all of these Terms of Use and our Privacy Policy, found at https://digjack.com/digjack-policies/privacy-policy/. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE AND PRIVACY POLICY, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND/OR THE MARKETPLACE OFFERINGS AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.  Notwithstanding the foregoing, any changes to the dispute resolution provisions set forth in the Governing Law and Jurisdiction provisions will not apply to any dispute for which the parties have actual notice on or before the date the change is posted on the Site.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is intended for users who are at least 13 years of age. By using the Site, you represent and warrant that you meet the foregoing eligibility requirements.  All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non­-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

Sellers may also use their own intellectual property, including trademarks, in their Marketplace Offerings.  Digjack does not have any ownership rights to any seller’s intellectual property.

In using the Site, you represent and warrant that you are not infringing on the intellectual property rights of any third party.  If, in using the Site, you discover that your intellectual property rights, or the rights of any third party, have been violated, we request that you report such violations promptly to us at [email protected].  When we receive any proper notice of intellectual property infringement, we will promptly contact the user responsible for posting such material and we may, at our sole discretion, remove or disable access to the allegedly infringing material.  If, upon reviewing the allegedly infringing party’s response, we determine that there has been no violation, we may re-post or restore access to the material at issue, unless the copyright owner files a legal action and notifies us of such claim.  We may terminate access to the Site and Marketplace Offerings for any user who infringes the intellectual property rights of any party.

USER REPRESENTATIONS

By using the Site or the Marketplace Offerings, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not under the age of 18; (5) or if under 18, you have received parental permission to use the Site; (6) you will not access the Site or the Marketplace Offerings through automated or non­ human means, whether through a bot, script or otherwise; (7) you will not use the Site for any illegal or unauthorized purpose; and (8) your use of the Site or the Marketplace Offerings will not violate any applicable federal, state, local, or international law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

You may not use the Site or the Marketplace Offerings for any illegal or unauthorized purpose nor may you, in the use of Marketplace Offerings, violate any laws. Among unauthorized Marketplace Offerings are the following: intoxicants of any sort; illegal drugs or other illegal products; alcoholic beverages; games of chance; and pornography or graphic adult content, images, or other adult products. Postings of any unauthorized products or content may result in immediate termination of your account and a lifetime ban from use of the Site.  In the event that you use or attempt to use the Site in a manner that violates any law, we may disclose your information, including your identity and other personal information, to law enforcement authorities or other governmental authorities.

We are a service provider and make no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of any of the information contained on the Site or the Marketplace Offerings displayed or offered through the Site. You understand and agree that the content of the Site does not contain or constitute representations to be reasonably relied upon, and you agree to hold us harmless from any errors, omissions, or misrepresentations contained within the Site’s content. We do not endorse or recommend any Marketplace Offerings and the Site is provided for informational and advertising purposes only.

USER REGISTRATION

You may be required to register with the Site in order to access the Marketplace Offerings. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

MARKETPLACE OFFERINGS

Sellers must make every effort to display as accurately as possible the colors, features, specifications, and details of the Marketplace Offerings available on the Site. We do not guarantee that the colors, features, specifications, and details of the Marketplace Offerings will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All Marketplace Offerings are subject to availability, and we cannot guarantee that Marketplace Offerings will be in stock. Certain Marketplace Offerings may be available exclusively online through the Site. Such Marketplace Offerings may have limited quantities and are subject to return or exchange only according to our our Return Policy. We reserve the right to limit the quantities of the Marketplace Offerings offered or available on the Site. All descriptions or pricing of the Marketplace Offerings are subject to change at any time without notice, at the seller’s sole discretion. We reserve the right to discontinue any Marketplace Offerings at any time for any reason. We do not warrant that the quality of any of the Marketplace Offerings purchased by you will meet your expectations or that any errors in the Site will be corrected.

UNSUITABLE CONTENT AND GENERAL MATERIALS OFFERED FOR SALE ON THE SITE

We do not allow material that could be deemed upsetting, obscene, defamatory, offensive or insulting. This includes any item or it’s content that promotes or glorifies any hate group or terrorist activity, is intended to bully or threaten, shows real images of graphic violence, self-harm or suicide, is deemed pornographic and presented solely for the purpose of sexual stimulation (whether photographic or illustrative) or anything that promotes hatred on the basis of race, ethnicity, appearance, religion, disability, gender, sexual orientation or age.

Digjack cannot always control the content uploaded by users therefore, there may be a risk of prohibited images and other, falsely represented material being viewed on the site. By using Digjack you agree to accept such risks and agree that Digjack and all its associates hold no responsibility for any act or presentation of material on the Digjack site.

PURCHASES AND PAYMENT

We accept the following forms of payment:

­ STRIPE

As a buyer, you agree to provide current, complete, and accurate purchase and account information for all purchases of the Marketplace Offerings made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

SALES TAX

Due to the new marketplace laws in the United States. All items sold on Digjack are now subject to US sales tax . When a seller lists an item, Sales tax will be automatically calculated at checkout based on the following:

Total sale price – listing + shipping

Sellers location – (nexus) This can be either the seller’s physical location or shipping address.

Buyer’s location – Location of your customer

Digjack is not responsible for collecting taxes on behalf of the sellers. We do not hold any taxes for sellers. It is the sole responsibility of the seller to keep track of their sales, remit their state taxes to the applicable states and make sure they are in compliance with US/State laws pertaining to sales tax.

Sellers have the ability to generate a sales report  from their online shop. Monthly/quarterly/yearly sales can be exported to a csv file.

PURCHASING

As a buyer, you agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

RETURN POLICY

Digjack is not directly involved in transactions between buyers and sellers.  Each seller has his or her own return policy, which should be posted on the seller’s strorefront page.  Buyers should review the seller’s return policy before purchasing any item from him or her. By purchasing an item, the buyer is accepting the individual shop owner’s policies, including his or her returns policy. Digjack is not responsible for shop policy issues or disputes arising between seller and buyer.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us. 2. Make any unauthorized use of the Marketplace Offerings, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses. 3. Use a buying agent or purchasing agent to make purchases on the Site. 4. Circumvent, disable, or otherwise interfere with security-­related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein. 5. Engage in unauthorized framing of or linking to the Site. 6. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. 7. Make improper use of our support services or submit false reports of abuse or misconduct. 8. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. 9. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site. 10. Attempt to impersonate another user or person or use the username of another user. 11. Sell or otherwise transfer your profile. 12. Use any information obtained from the Site in order to harass, abuse, or harm another person. 13.. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site. 14. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site. 15. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Marketplace Offerings to you. 16. Delete the copyright or other proprietary rights notice from any Content. 17. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. 18. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Marketplace Offerings. 19. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”). 20. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software. 21. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site. 22. Use the Site in a manner inconsistent with any applicable laws or regulations. 23. Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise. 24. Transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation; 25. Impersonate or attempt to impersonate Digjack, a Digjack employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing). 26. Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the us or users of the Site or expose them to liability.

USER GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and the Marketplace Offerings and through Third party websites. As such, any Contributions you transmit may be treated as non­-confidential and non­proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
  2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use. 3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use. 4. Your Contributions are not false, inaccurate, or misleading. 5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation. 6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us). 7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone. 8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another. 9. Your Contributions do not violate any applicable law, regulation, or rule. 10. Your Contributions do not violate the privacy or publicity rights of any third party. 11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner. 12. Your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well­being of minors; 13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap. 14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site or the Marketplace Offerings in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site and the Marketplace Offerings.

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non­-exclusive, transferable, royalty ­free, fully­ paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-­categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre­screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non­-exclusive, worldwide, royalty-­free, fully­ paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews. Should a Seller have a dispute with a customer’s review, the dispute should be settled by the Seller and Customer. If both parties agree to settle the dispute they will both contact Digjack at [email protected] stating that they are both in agreement to settle the dispute and a digjack administrator will either remove the review or reword it. If neither party agrees to resolve the dispute it will be up to the sole discretion of Digjack to either remove the review or leave it in place.

SOCIAL MEDIA

As part of the functionality of the Site, you may link your account with online accounts you have with third­ party service providers (each such account, a “Third ­Party Account”) by either: (1) providing your Third­ Party Account login information through the Site; or (2) allowing us to access your Third­ Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third ­Party Account. You represent and warrant that you are entitled to disclose your Third­ Party Account login information to us and/or grant us access to your Third ­Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third ­Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the Third Party service provider of the Third­ Party Account. By granting us access to any Third­ Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third­ Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third­ Party Account additional information to the extent you are notified when you link your account with the Third ­Party Account. Depending on the Third­ Party Accounts you choose and subject to the privacy settings that you have set in such Third­ Party Accounts, personally identifiable information that you post to your Third­ Party Accounts may be available on and through your account on the Site. Please note that if a Third­ Party Account or associated service becomes unavailable or our access to such Third ­Party Account is terminated by the Third­ Party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third ­Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD­ PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD­ PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD­ PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non­-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third­ Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third ­Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third ­Party Account, except the username and profile picture that become associated with your account.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings (“Submissions”) provided by you to us are non confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for Digjack, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion, for any reason or no reason, and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; (5) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; and (6) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS DIGJACK AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY US OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot/do not undertake to review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

PRIVACY POLICY

We care about data privacy and security. Please review our PrivacyPolicy: https://digjack.com/digjack-policies/privacy-policy/. By using the Site or the Marketplace Offerings, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site and the Marketplace Offerings are hosted in the United States. If you access the Site or the Marketplace Offerings from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practicable.

COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on the Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.

We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms of Use and your use of the Site and the Marketplace Offerings are governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York, without regard to its conflict of law principles.

DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in United States County, New York. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in United States County, New York, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

IN NO EVENT SHALL ANY DISPUTE BROUGHT BY EITHER PARTY RELATED IN ANY WAY TO THE SITE BE COMMENCED MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class­ action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER

With respect to Marketplace Offerings you purchase, you understand that we do not manufacture or inspect any of the items sold on the Site.  Digjack provides the marketplace only as a service, and the items sold are purchased directly from the seller. In purchasing an item, you understand that you are doing so at your sole risk.  We do not make any warranties with respect to the Marketplace Offerings; WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE MARKETPLACE OFFERINGS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-­INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR THE MARKETPLACE OFFERINGS, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD ­PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

As a buyer, you acknowledge that all disputes with respect to any Marketplace Offering is between you and the seller.  You release Digjack from any and all liability associated with any items purchased on the Site through our sellers.

With respect to the services offered on the Site, including your use of the marketplace as a seller, IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR THE MARKETPLACE OFFERINGS, REGARDLESS OF WHETHER SUCH LOSSES ARE FORESEEABLE, AND WHETHER OR NOT CAUSED BY TORT (INCLUDING NEGLIGENCE) OR BREACH OF CONTRACT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL OUR COLLECTIVE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, EXCEED THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR $500.00 USD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Marketplace Offerings, including buying and selling items; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site or the Marketplace Offerings with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

DISPUTES WITH OTHER USERS

In the event that you have a dispute with another user, whether such dispute is associated with the Marketplace Offerings or your contributions to the Site, Digjack encourages you to resolve the dispute with the other user directly. In the event that you are unable to do so, you may request assistance from us by sending an email to [email protected]  We will attempt to resolve the dispute by applying our Terms of Use and other policies, in our sole discretion.  Digjack has no obligation to assist you with resolving such disputes and will not offer any advice on legal issues or claims.  You release Digjack from any claims, demands, and damages arising out of disputes with other users.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Marketplace Offerings, as well as data relating to your use of the Marketplace Offerings. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Marketplace Offerings. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-­electronic records, or to payments or the granting of credits by any means other than electronic means.

INTERNATIONAL USERS

The Site is controlled, operated, and administered by Digjack from our offices within the United States.  If you access the Site from a location outside of the United States, you are responsible for compliance with all local laws. You agree that you will not use the Site or Marketplace Offerings in any country in any manner prohibited by any applicable laws, restrictions, or regulations.

 

COMPETITIONS & GIVEAWAYS

Digjack Giveaway Terms & Conditions November 9th 2019 – Official Rules

 No purchase is necessary to enter or win. A purchase will not increase an individual’s chance of winning. Any entry will be void where prohibited. Open only to eligible entrants. The competition is sponsored by Digjack LLC, 1178 Broadway 3rd Floor, 1206 New York, NY 10001

 Internet participants: Competitions are intended for viewing and participation by all individuals from all areas except where prohibited (see below). Do not proceed with this competition if you are outside of the eligible areas.

 Eligibility: This competition is open to all Internet participants who are resident within the United States of America and Canada (excluding any overseas territories). Participants must be 18 years of age (or the age of majority in their state, district, or country if older than 18) or older, with Internet access prior to the start date and time of the competition. Employees, directors, and agents of Digjack, affiliated, and subsidiary companies, distributors, retailers, licensors, media partners, Internet servers and access providers, advertising and promotional agencies (and the immediate family members, including parents, spouses, children, siblings, and any members of the same household of all of the foregoing) are not eligible to participate or win. Void where prohibited by law. Subject to all applicable international, federal, state and local laws and regulations.

 To Enter: During the specified competition period (announced when the competition is announced), you may enter by filling out the Digjack competition entry form at <add URL for page on which the form is located> Entry is limited to one per person, household, IP address and/or email address for the duration of the competition period. Entries must be received by the specified date and time to be eligible via.

 Entries will be deemed to have been submitted and made by the authorized account holder of the email address at the time of entry. The authorized account holder is the natural person who is assigned to the email address by an Internet access provider, online service provider, or other organization that is responsible for assigning such email addresses for its associated domain name. If entries are received in excess of the stated limitation from any person or household or e-mail address during the competition period, only the first entry received will be eligible for entry.

 Any entry information collected from the competition shall be used only in a manner consistent with the consent given by entrants at the time of the entry, with these Official Rules and with Digjack’s Privacy Policy. False, fraudulent, or deceptive entries or acts will render entrant(s) and entries ineligible. By entering, the entrant agrees to be bound by these Official Rules, Digjack’s Privacy Policy, and all decisions of Digjack and Digjack’s representatives in their sole discretion in all matters relating to this competition. By submitting information, such as name, email and/or phone numbers into this competition, participants will be subscribed to all Digjack newsletters. Participation in the newsletter can be terminated at any time through a link at the bottom of the newsletter.

 Prize Details and Delivery: Specifics of the prize as announced for the specific competition. Odds of winning a prize are determined by the total number of eligible entries received. Limit one prize per person, household, IP address, and/or email address. Digjack reserves the right to substitute prizes of equal or greater value at Digjack’s sole discretion, or to end the competition due to lack of participation (see below).

 All prizes are for personal use only, non-transferable with no cash redemptions and/or substitutions except at Digjack’s sole discretion. In the event that a prize has been stolen or mishandled during shipment to any destination, Digjack may not be able to replace the specific item(s). If the winner prefers a specific quicker shipping method, they are responsible to notify us immediately and will also be responsible to cover the additional costs if any. Additionally, pursuant to applicable U.S. law, cash prizes will not be made to persons who reside in Cuba, Iran, Syria, North Korea, Sudan and Burma (Myanmar) or to select persons who are prohibited from receiving such payments.

 Selecting a winner: the potential prize (as defined in the specific competition) winner(s) will be selected based on the method and criteria defined at the beginning of the specific competition, after the specific date announced and announced on or about the date specified for the competition.

 The winner(s) will be notified by e-mail and must respond to Digjack by 6pm Eastern Standard Time (EST) the next business day. Digjack will make only one attempt to notify potential winner(s) of the competition at the e-mail address provided by the entrant. If Digjack does not receive a response to notification(s) for any reason by the specified time, Digjack shall have the right, at its sole discretion, to select a new winner. Notification of winner status must be kept confidential until the winner is announced by Digjack. Failure to comply with this requirement may result in disqualification.

 The winner may be required to complete, sign, and return to Digjack applicable tax forms, an affidavit of eligibility, a waiver of liability, and (where legally permitted) a publicity release within three (3) days of issuance of prize claim, if deemed necessary by Digjack, or prize may be forfeited and offered to an alternate potential winner. Digjack reserves the right to require winner to submit to a confidential background check to confirm eligibility as a condition of awarding the prize to help ensure that the use of any such person in advertising or publicity for the competition will not bring Digjack into public disrepute, contempt, scandal or ridicule or reflect unfavourably on Digjack as determined by Digjack in its sole discretion.

 The winner(s) will be listed on the competition page on the date specified for the competition. Winner name requests will only be accepted after winner information has been posted on the competition page on the Digjacjk website. To request the winner’s name, please send a self-addressed, stamped business-sized envelope, by the date specified for the competition with the name of the specific competition to: Competition Winner List Requests c/o Digjack, , 1178 Broadway 3rd Floor, 1206 New York, NY 10001.

 Release of Liability: All entries become the property of Digjack and may not be acknowledged or returned. If sent, acknowledgment of an entry does not indicate that the entry qualifies, only that the entry has been received.

By participating, all entrants agree as follows:

(a) to abide by these Official Rules, Digjack’s Privacy Policy, and the decisions of Digjack (all of which are at Digjack’s sole discretion), which shall be final and binding in all respects;

(b) to the use of their names, likenesses, biographical data, photographs, statements, voice, and address, (city and state or similar designation within winner’s country) by Digjack and its designees if selected as a winner for advertising, promotional and other purposes in any or all media now or subsequently known throughout the world in perpetuity (and includes the right and permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit, and/or otherwise use or reuse (without limitation as to when or the number of times)) without compensation, permission, approval, or notification (except where prohibited by law); and

(c) THAT DIGJACK AND COMPETITIONS ENTITIES, ITS MEDIA PARTNERS, AND ANY OF THEIR RESPECTIVE PARENTS, AFFILIATES, SUBSIDIARIES, ADVERTISING AND PROMOTION AGENCIES, INTERNET SERVERS AND ACCESS PROVIDERS, RETAILERS, DISTRIBUTORS AND SUPPLIERS, THIRD PARTY LICENSORS, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, AND EMPLOYEES (COLLECTIVELY, THE “RELEASED PARTIES”) SHALL HAVE NO LIABILITY AND SHALL BE INDEMNIFIED AND HELD HARMLESS FOR ANY DAMAGE, LOSS OR INJURY OR DAMAGE OF ANY KIND TO PERSON, INCLUDING DEATH, AND PROPERTY TO AN ENTRANT OR ANY THIRD PARTY RESULTING FROM PARTICIPATION IN THIS COMPETITION, WINNER SELECTION, WINNER NOTIFICATION, DISTRIBUTION OF THE PRIZE, ACCEPTANCE/POSSESSION OF THE PRIZE, AND THE USE OR MISUSE OF THE PRIZE. PRIZE IS AWARDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES EXCEPT FOR ANY “IN THE BOX” WARRANTY THAT MAY BE PROVIDED WITH THE PRIZE.

 The Released Parties are not responsible for: any incorrect or inaccurate entry information; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers or software, including without limitation any injury or damage to entrant’s or any other person’s computer relating to or resulting from participation in the competition; inability to access Digjack.com Site and/or any other website referenced herein; theft, tampering, destruction or unauthorized access to, or alteration of, entries; data that is processed late or incorrectly, or is incomplete, stolen or lost due to telephone, computer or electronic malfunction or traffic congestion on telephone lines or the Internet or any website or for any other reason whatsoever; or printing or other errors or problems that may occur in connection with the administration of the competition, the processing of entries, the announcement of the prizes or in any competition-related materials. The Released Parties are also not responsible for entries that are illegible, lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered or postage due, or garbled or delayed by computer transmissions and all such entries are void.

 By entering, the entrant releases and waives any claim(s) they may have against the Released Parties for any and all injuries, claims, damages, losses, costs or expenses of any kind (including without limitation attorney’s fees) resulting from or alleged to result from participation in this competition and/or the acceptance, use, or misuse of any prize or parts thereof. Digjack shall not be liable to winner or any other person for failure to supply the prize by reason of any act of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, international carrier issues or any other cause beyond Sponsor’s sole control. If for any reason, the competition is not capable of running as planned or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures or any other causes, in Digjack’s sole opinion, corrupts or affects the administration, security, fairness, integrity or proper conduct of this competition, Digjack reserves the right, at its sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify or suspend this contest/sweepstakes or any portion thereof.

 In the event this competition is canceled, Digjack reserves the right to conduct a random drawing to award all remaining prizes from among all eligible, non-suspect entries received prior to the time of the action or event warranting such cancellation. If such cancellation, termination, modification or suspension occurs, notification will be posted on the Digjack.com Site. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

CAUTION: Any attempt by an entrant or any other individual to deliberately damage any web site or undermine the legitimate operation of the competition is a violation of criminal and/or civil laws and should such an attempt be made, Digjack reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. A potential winner may be requested to provide Digjack with proof that he/she is the authorized account holder of the email address associated with the winning entry and that all eligibility requirements are met.

 Limitation of Liability. WITHOUT IN ANY WAY INTENDING TO REVISE THE FOREGOING RELEASE OF LIABILITY, IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE COMPETITION OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE COMPETITION. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

 Binding Arbitration: As a condition of participating in the competition:

(a) entrant agrees to the limitation of liability and releases of liability herein

(b) all causes of action arising out of or connected with the competition, or any compensation or credit to be provided, shall be resolved individually, without resort to any form of class action

(c) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, if any

(d) in no event SHALL ENTRANT BE ENTITLED TO RECEIVE attorneys’ fees OR OTHER LEGAL COSTS OR EXPENSES.

 Governing Law: the competition is governed by the laws of the State of New York. Any controversy or claim arising out of or relating to these Terms and Conditions, Official Rules, or the competition shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.

 NOTE: Internet entry must be made by the entrant only at the Digjack.com Site using the official Competition Entry Form <add page URL>. Entries made by any other individual or any entity, and/or originating at any other Internet web site or e-mail address will be declared invalid and disqualified for this contest/sweepstakes. Use of script, macro or automated entry software or programs or any other means that subvert the entry process is prohibited and all such entries will be void. 

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952­5210 or (916) 445­ 1254.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Marketplace Offerings constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Marketplace Offerings. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

CONTACT US

In order to resolve a complaint regarding the Site or the Marketplace Offerings or to receive further information regarding use of the Site or the Marketplace Offerings, please contact us at:

Digjack LLC, 1178 Broadway 3rd Floor, 1206 New York, NY 10001, United States Phone: (917) 765-8650 [email protected]