Last update: August 2022

Welcome to the Digesale.com. Digesale is an online shop for digital products and services.

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

Offers are products and services offered on DigeSale.
Buyers are users who purchase services on DigeSale.
Offer Page is where we describe the Offer and the Offer’s terms, and the buyer can purchase the Offer 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.
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)

  • Offers on DigeSale are offered at a base starting price of $3.
  • Only registered users may buy on DigeSale. Registration is free.
  • Buyers pay DigeSale in advance to create an order.
  • Orders are purchased through the Order button found on an Offer page.
  • For adding funds and purchasing please read the How it Works and Add Funds pages.
  • Buyers are granted all rights for the delivered work, unless otherwise specified by the seller on their Offer page. Note: some Offers charge additional payments (through Service Extras) for Commercial Use License. See our “Ownership” and “Commercial Use License” sections below for more information.
  • We care about your privacy. You can read our Privacy Policy here. The Privacy Policy is a part of these Terms of Service.

 

– Offers 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:

  • Illegal or Fraudulent services, Copyright Infringement, Trademark Infringement
  • Copyright Infringement, Trademark Infringement reported through our Intellectual Property Claims Policy found here
  • Adult oriented services, Pornographic, Inappropriate/Obscene
  • Intentional copies of Services
  • Spam, Nonsense, or Violent Services
  • Services misleading to buyers, including violations of third party terms of service
  • Reselling of regulated goods

 

Custom Offer

  • Digesale can also send Custom Offers addressing specific requirements of a buyer. Custom Offers are defined by the site 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.

 

Withdrawing Funds

  • To withdraw your funds, you must have an account with at least one of DigeSale’s withdrawal providers.
  • Your DigeSale profile can be associated with only one account from each DigeSale withdrawal providers. A withdrawal provider account can be associated with only one DigeSale profile.
  • To withdraw your available revenue, you must Contact us
  • Withdrawals can only be made in the amount available to you.
  • Withdrawal fees vary depending on the withdrawal provider / method.
  • Withdrawals are final and cannot be undone. We will not be able to refund or change this process once it has begun.

 

Purchasing

  • Buyers pay DigeSale to create an order from an Offer page, through the Order Now button.
  • Offers can be purchased using your available site balance/funds. You can Add Funds on this page.
  • The total payment amount is displayed at the time of purchase where a buyer can review and accept the total amount required to pay. When purchasing offers on Digesale you will not be charged any processing fees. Funds returned to your balance from cancelled orders will not include processing fees paid.
    If you have funds in your account balance, either from your adding funds or cancelled/refunded orders, it can be used for future purchases.
  • To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, we do not collect credit information; but allow our payment vendors to collect information for the purpose of collecting payments from buyers on the Site or transferring payments to sellers on the Site. We are not exposed to the payment information provided to our payment vendors, and this information is subject to the privacy policy applicable to the payment vendor. Please see our Privacy Policy for more information here.

 

Orders
Basics

  • Once payment is confirmed, your order will be created and given a unique order number.
  • Orders purchased with a combination of Services Extras and Service Multiples are multiple unique orders with additional services added to each order.
  • Digesale will deliver completed files and/or proof of work using the Deliver Work button (located on the Order page) according to the offer that was purchased and advertised.
  • An order is marked as complete after the order is marked as Delivered and then rated by a buyer. An order will be automatically marked as complete if not rated and no request for modification was submitted within 3 days after marked as Delivered.
  • We encourage our buyers to contact Digesale’s customer support department for assistance regarding any order issues.

 

Handling Orders

  • When a buyer orders a Service, Digesale is notified.
  • Digesale is required to meet the delivery time specified on the offer page. Failing to do so will allow the buyer to cancel the order when an order is marked as late.
  • Digesale 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.
  • Buyers are responsible for scanning all transferred files for viruses and malware. DigeSale will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
  • Digesale may cancel an order without the buyer’s consent at any given moment (Force Cancellation).
  • Buyers may use the “Request Modifications” 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 Service page or the requirements sent to the seller at the beginning of the order process.

 

Reviews

  • Feedback reviews provided by buyers while completing an order are an essential part of DigeSale’s rating system. Reviews demonstrate the buyer’s overall experience with Digesale and the offer in question. Buyers are encouraged to communicate to Digesale any concerns experienced during their active order in regards to the offer provided.
  • Leaving a buyer’s feedback is a basic prerogative of a buyer. Feedback reviews will not be removed unless there are clear violations to our Terms of Service.
  • To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the DigeSale platform from users within our Community. Purchases arranged to abuse the DigeSale platform with fake and negative reviews will result in a permanent suspension of all related accounts.
  • Feedback comments given by buyers are publicly displayed on a offer pages. Buyers have the option not to include a comment, but still rate the service. Cancellation of an order does not remove feedback unless mutually agreed.
  • Responding and posting a review: Once work is delivered, the buyer has three days to respond and post a review (or 14 days for Services with shipping). 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 30 days after an order is marked as complete. No new reviews may be added to an order after 30 days.

 

Shipping

  • Some of the offers on DigeSale may be delivered physically (arts and crafts, collectable items, etc.). For these types of offers, Digesale may decide to add shipping charges. Digesale can add shipping charges for local shipping (within the same country) and for international shipping (anywhere else).
  • Important: Buyers who order offers that require physical delivery, will be asked to provide a shipping address.
  • Digesale is responsible for all shipping arrangements once the buyer provides the shipping address.
  • DigeSale shall not be responsible or liable for any damages or other problems resulting from shipping.

 

Disputes and Cancellations

  • In case of a problem with an order, we encourage our buyers to contact DigeSale’s Customer Support department for assistance here.
  • Order cancellations (when eligible) can be performed by Customer Support only up to a period of 14 days from order completion date. We will not cancel orders after that time.
  • Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation to these Terms of Service. Doing so may get your account temporarily disabled to investigate possible security violations. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
  • In the event of a dispute, you are encouraged to use the Site’s dispute resolution tools to attempt to resolve the matter by working it out with Digesale.
  • Eligibility to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations to our Terms of Service, general misconduct, and improper usage of the DigeSale delivery system.
  • Orders are not eligible to be cancelled based on the quality of service/materials delivered by Digesale if the service was rendered as described in the Service page. Buyers may rate their experience with Digesale on the order page, including the overall level of service quality received.
  • DigeSale reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.

 

Refunds

  • DigeSale does not refund payments made for cancelled orders back to your payment provider automatically. Funds from order cancellations are refunded to the buyer’s balance as credit and are available for future purchases on DigeSale. Funds returned to your balance from cancelled orders will be refunded fully with no fees.
  • Deposit refunds, when available from the payment provider, can be performed by our Customer Support team. To prevent fraud and abuse, we limit the total amount of times users can request a payment provider refund from their account which is subject to review by our Customer Support team. Such refunds may be subject to an additional fee. If any processing fees were added at the time of purchase to create a new order, the processing fees from that payment will be refunded along with your deposit.

 

User Conduct

DigeSale enables people around the world to 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 blog.

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

  • To protect our users’ privacy, user identities are kept anonymous.
  • Any necessary exchange of personal information required to continue a service may be exchanged within the order page.
  • If a buyer is not happy with the quality of work received by buying an offer, a buyer may use the dispute resolution tools provided in the order page.
  • DigeSale does not provide protection for users that are actively violating our Terms of Service.
  • All information and file exchanges must be performed exclusively on DigeSale’s platform.
  • Rude, abusive, improper language, or violent messages sent to users will not be tolerated and may result in an account warning or the suspension/removal of your account.

 

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 Blog and Social Media pages.

Phishing and Spam – DigeSale takes 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. Digesale further confirms that whatever information we receive from a 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 found below.

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

  • DigeSale reserves the right to put any account on hold or permanently disable accounts due to breach of these terms of service or due to any illegal or inappropriate use of the Site or services.
  • Violation of DigeSale’s Terms of Service may get your account disabled permanently.
  • Users with disabled accounts will not be able to sell or buy on DigeSale.
  • Users who have violated our Terms of Service 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.
  • Buyers will be able to withdraw any available funds from disabled accounts after a safety period of 45 days, from the day of the last cleared payment made and subject to DigeSale’s approval.
  • Disputes should be handled using DigeSale’s dispute resolution tools (‘Resolution Center’ on the order page) or by contacting DigeSale Customer Support.
  • DigeSale may make changes to its Terms of Service from time to time. When these changes are made, DigeSale will make a new copy of the terms of service available on this page.
  • You understand and agree that if you use DigeSale after the date on which the Terms of Service have changed, DigeSale 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 DigeSale by our users 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.

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 offer 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 site, and the site 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 site 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 offer 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 the site assigns all rights, title and interest in the delivered work. Some offers (including for custom created work) charge additional payments (through offer extras) for a Commercial Use License. This means that if you purchase the offer 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 an offer extra and will have broader rights that cover your business use.

Digesale further confirms that whatever information it receive from a 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 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 marketing and/or other purposes.

 

Commercial Use License

By purchasing a “Commercial Use License” with your order, the site 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. DigeSale will not be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.

 

Intellectual Property Claims and Reporting (DMCA, Trademark Infringement)

Digesale.com’s content is based on User Generated Content (UGC). Digesale does not check user uploaded/created content for violations of copyright or other rights. However, if you believe any of the uploaded content violates your copyright or a related exclusive right, you should follow the process below. Digesale looks into reported violations and removes or disables content shown to be violating third party rights.

In order to allow us to review your report promptly and effectively, a copyright infringement notice (“Notice”) should include the following:

  • Identification of your copyrighted work and what is protected under the copyright(s) that you are referring to
  • Your copyright certificate(s)/designation(s) and the type, e.g., registered or unregistered
  • Proof of your copyrights ownership, such as the registration number or a copy of the registration certificate
  • A short description of how our user(s) allegedly infringe(s) your copyright(s)
  • Clear reference to the materials you allege are infringing and which you are requesting to be removed, for example, the Service url, a link to the deliverable provided to a user, etc.
  • Your complete name, address, email address, and telephone number.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement made under penalty of perjury that the information provided in the notice is accurate and that you are the copyright owner or the owner of an exclusive right that is being infringed, or are authorized to make the complaint on behalf of the copyright owner or the owner of an exclusive right that is being infringed.
  • Your electronic or physical signature

You can send your Notice to us at [email protected].

Note that we will provide the user who is allegedly infringing your copyright with information about the Notice and allow them to respond. In cases where sufficient proof of infringement is provided, we may remove or suspend the reported materials prior to receiving the user’s response. In cases where the allegedly infringing user provides us with a proper counter-notification indicating that it is permitted to post the allegedly infringing material, we may notify you and then replace the removed or disabled material. In all such cases, we will act in accordance with 17 U.S.C Section 512 and other applicable laws.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

 

Counter-Notification Procedures

If you believe that material you posted on the site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our DMCA agent (identified above). Pursuant to the DMCA, the Counter-Notice must include substantially the following:

  • Your physical or electronic signature.
  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice. Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.]

Trademark Infringement

Digesale.com’s content is based on User Generated Content (UGC). Digesale does not check user uploaded/created content for violations of trademark or other rights. However, if you believe any of the uploaded content violates your trademark, you should follow the process below. Digesale looks into reported violations and removes or disables content shown to be violating third party trademark rights.

In order to allow us to review your report promptly and effectively, a trademark infringement notice (“TM Notice”) should include the following:

  • Identification of your trademark and the goods/services for which you claim trademark rights
  • Your trademark registration certificate and a printout from the pertinent country’s trademark office records showing current status and title of the registration. Alternatively, a statement that your mark is unregistered, together with a court ruling confirming your rights
  • A short description of how our user(s) allegedly infringe(s) your trademark(s)
  • Clear reference to the materials you allege are infringing and which you are requesting to be removed, for example, the Service url, a link to the deliverable provided to a user, etc.
  • Your complete name, address, email address, and telephone number.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the trademark owner, its agent, or the law.
  • A statement made under penalty of perjury that the information provided in the notice is accurate and that you are the trademark or are authorized to make the complaint on behalf of the trademark owner
  • Your electronic or physical signature

You can send your Notice to us at [email protected].

Note that we will provide the user who is allegedly infringing your trademark with information about the TM Notice and allow them to respond. In cases where sufficient proof of infringement is provided, we may remove or suspend the reported materials prior to receiving the user’s response. In cases where the allegedly infringing user provides us with information indicating that it is permitted to post the allegedly infringing material, we may notify you and then replace the removed or disabled material. In all such cases, we will act in accordance with applicable law.

Repeat Infringers
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

 

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.