Digesale > Terms of Service
Terms of Service

DigeSale’s Terms of Service

Last update: May 2015

Welcome to the Digesale.com. Disgesale.com is a marketplace platform for digital services performed by its users.

The following terms and conditions (these “Terms of Service“), govern your access to and use of the Digesale website, including any content, functionality and services offered on or through www.digesale.com (the “Site“).

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles found on in the table of contents on this page.

This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the Digesale services. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the Company and 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.

Key Terms

Services are offers offered on DigeSale.

Sellers are users who offer and perform services through Services on DigeSale.

Buyers are users who purchase services on DigeSale.

Service Page is where the seller can describe their Service and the Service’s terms, and the buyer can purchase the Service and create an order.

Orders are the formal agreement between a buyer and seller after a purchase was made from the seller’s Service Page.

Order Page is where buyers and sellers communicate with each other in connection with an ordered Service.

Disputes are disagreements experienced during an order between a buyer and seller.

Revenue is the money sellers earn from completed orders.

Service Extras are additional services offered on top of the Seller’s Service for an additional price defined by the Seller.

 

Overview (Main terms, in a nutshell)

 

Sellers
Basics

 

Services

– Sellers are allowed to post a select amount of active Services based on their Level status.

 

– Services created on DigeSale are User Generated Content.
– Services may be removed by DigeSale for violations to these Terms of Service, which may include (but are not limited to) the following violations and/or materials:

 

 

Levels

DigeSale 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, DigeSale may reward them with new statuses, special opportunities, benefits, and tools that come with it.

 

Top Rated Sellers

Top Rated Sellers are chosen manually by DigeSale editors based on seniority, volume of sales, extremely high rating, exceptional customer care and community leadership. Top Rated Sellers gain access to more extensive features than previous levels, including exclusive access to beta features and VIP support.

 

Custom Offer

 

Withdrawing Revenues

 

Buyers
Basics

 

Purchasing

 

VAT

This paragraph only applies to buyers located in Israel: Israeli buyers will be charged VAT in addition to the Service price shown on the Service page. An invoice will be provided to allow eligible users to claim back the VAT from the tax authorities.
Orders
Basics

 

Handling Orders

 

Reviews

 

Shipping

 

Disputes and Cancellations

 

Refunds

 

User Conduct

DigeSale enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on DigeSale reflect the diversity of an expanding Service economy. Members of the DigeSale community communicate and engage through orders, social media, and on DigeSale’s Community Forums.

DigeSale maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of DigeSale. This section relates to the expected conduct users should adhere to while interacting with each other on DigeSale.
Basics

 

Reporting Violations

If you come across any content that may violate our Terms of Service, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.
Violations

Users may receive a warning to their account for violations of our Terms of Service 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 becoming permanently disabled based on the severity of the violation.
Non-Permitted Usage

Adult Services & Pornography – DigeSale does not allow any exchange of adult oriented or pornographic materials and services.

Inappropriate Behavior & Language – Communication on DigeSale should be friendly, constructive, and professional. DigeSale 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 – DigeSale takes the matter its members’ security seriously. 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 for commercial purposes without their consent.

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 DigeSale will not be protected by our Terms of Service.

Intellectual Property Claims – DigeSale will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed here.

Fraud / Unlawful Use – You may not use DigeSale 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 account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the DigeSale community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to DigeSale’s Terms of Service is 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 DigeSale. This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts – You may not buy or sell DigeSale accounts.
General Terms

 

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 DigeSale by our users (Buyers and Sellers) is User Generated Content. DigeSale does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

Furthermore, DigeSale is not responsible for the content, quality or the level of service provided by the Sellers. We provide no warranty with respect to the Services, their delivery, and any communications between buyers and sellers. We encourage users to take advantage of our rating system, our community and common sense in choosing appropriate Service offers.

By offering a service, the seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service is offered on DigeSale. Sellers advertising their Service online 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 Service 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

Ownership and limitations: Unless clearly stated otherwise on the sellers Service page/description, when the work is delivered, and subject to payment, the buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the seller, and the seller waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when US Copyright Act does not apply, the seller expressly agrees to assign to buyer the copyright in the delivered work. All transfer and assignment of intellectual property to buyer shall be subject to full payment for the Service 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 shall be the exclusive property of buyer, and seller assigns all rights, title and interest in the delivered work. Some Services (including for custom created work) charge additional payments (through Service Extras) for a Commercial Use License. This means that if you purchase the Service 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 Service Extra and will have broader rights that cover your business use.

Sellers further confirm that whatever information they receive from the buyer, which is not public domain, shall be kept confidential and shall not be shared or used for any purpose whatsoever other than for the delivery of the ordered work to the buyer.

Furthermore, users (both buyers and sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to DigeSale, including Service texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by DigeSale for no consideration for marketing and/or other purposes.

 

Commercial Use License

By purchasing a “Commercial Use License” with your order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. All intellectual property rights of the purchased delivery are hereby assigned to you. “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 DigeSale’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 DigeSale 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 WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DIGESALE NOR ANY PERSON ASSOCIATED WITH DIGESALE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

Limitation on Liability

IN NO EVENT WILL DIGESALE, 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 WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE 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.