Terms

Throughout the site, the terms “we”, “us”, and “our” refer to Digital Department, LLC.

1. Intellectual Property Rights

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of Digital Dept., including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. This Terms of Use Agreement (the “Terms”) constitutes a legally binding agreement by and between Digital Department, LLC a limited liability company organized under the laws of the state of Tennessee (“ Digital Department, LLC”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of Digital Department, LLC’s website: getdigitaldept.com and dashboard.getdigitaldept.com (the “Site”) and any other media form, channel, mobile website or mobile application related, linked or otherwise connected thereto. Failure to agree and adhere to all of the terms, conditions and obligations contained herein results in the express prohibition of the Client’s use of the Site, and the Client is ordered to discontinue use immediately. Thereafter the relationship between Client and Digital Department, LLC shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Digital Department, LLC for services rendered shall remain and continue to be an ongoing obligation owed by Client to Digital Department, LLC.

2. Fees and Refunds

Use of our "Services" requires payment of recurring fees. Before we have any obligation to provide Services, you must pay the fees (as well as applicable taxes) in full, in such amounts and for such billing frequency as specified during registration. You agree that, upon registering for the Services, you authorize us to charge your method of payment (e.g., credit card) for the fees and applicable taxes from your registration date based upon your chosen billing frequency (e.g., monthly, quarterly, annually). We reserve the right to terminate your account in the event of non-payment of amounts owed to us. All amounts owed under these Terms are non-cancelable and non-refundable, except as specifically provided. You may cancel your subscription with us at any time by logging into your account, or by contacting our team at emily@getdigitaldept.com. If you cancel your subscription before the next renewal cycle, you can continue using your account and accessing your design files until the end of your paid billing term. When your subscription expires, it is your responsibility to have any design files we delivered and you will no longer have access to our Services and the design files associated with those Services. We do not provide refunds or credits for partial months of service, downgrades, or unused time. We reserve the right to deny refunds based on our own self discretion and without notice or liability to the Client. Refund requests are assessed on a case by case basis. Should Client request a refund during the first month of use, all materials produced by Digital Department, LLC are owned by the company and are prohibited from being used by the Client in any way. If a refund is deemed to be appropriate, there will be a 25% fee assigned to the remaining billable period. Digital Department, LLC reserves the right to take appropriate legal actions against Client for breach of this paragraph.

3. Ownership of Materials

Notwithstanding Digital Department, LLC’s ownership of Submissions, as described in Paragraph 4 (“Client Feedback”), all design and original source files created on Client’s behalf (“Projects”) belong to Client, and Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause Digital Department, LLC to become the owner of a Project, in whole or in part, rather than Client, Digital Department, LLC irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation. Client warrants that any and all materials provided to Digital Department, LLC as examples or as material to be incorporated into a project during the design process are owned by Client and do not infringe on or misappropriate any third party’s rights, including, but not limited to, all intellectual property rights and any right of publicity. Digital Department, LLC always reserves the right to share the Client's design work publicly (social media, website, etc.) unless agreed upon as stated in section 18 of this document.

4. Third-Party Fonts

In the event that any Project incorporates fonts that are not owned by us and require a commercial license in order for Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), Digital Department, LLC will inform Client in writing that one or more Third-Party Fonts have been incorporated into the Project and that Client will need to purchase one or more licenses for the Third-Party Fonts from the rights-holder(s) of said Third Party Fonts in order to legally reproduce, distribute, or publicly display the Project. Said notice will include information sufficient for Client to identify which licenses are required and who to contact in order to purchase saidlicenses. So long as Digital Department, LLC has informed Client of the incorporation of Third-Party Fonts as described above, Client assumes all responsibility for any consequences as a result of a failure by Client to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.

5. User Representation

By using Digital Department, LLC, Client represents and warrants that: Client has the legal capacity and agrees to comply with these Terms of Use; Client is not a minor in the jurisdiction of their domicile; Client will not access the Site through automated or non-human means; Client will not use the Site for any illegal or unauthorized purpose; Client’s use of the Site will not violate any applicable law or regulation.

6. Prohibited Activities

By using the Site and/or Digital Department, LLC, Client agrees to be bound and abide by the Privacy Policy and the terms more particularly set forth therein and adopted and incorporated herein. The Site is hosted in the United States of America. Access of the Site from the EU, Asia or other regions of the world may result in the applicability of laws, statutes or regulations differing from those of the United States which govern personal data collection, use or disclosure. Client’s continued use of the Site and transfer of data to the United States constitutes express consent of Client to the transfer and processing of data in the United States. Digital Department, LLC does not knowingly accept or solicit information from individuals under the age of 18. In accordance with the United States’ Children’s Online Privacy Protection Act, upon the receipt of actual knowledge that an individual under the age of 13 has provided personally identifiable information to Digital Department, LLC without parental consent, Digital Department, LLC shall delete that information as soon as reasonably practicable.

7. Client Feedback

Client acknowledges and agrees that any questions, comments, suggestions or other feedback, revision, or submission (each a “Submission”) shall be the sole property of Digital Department, LLC and we are under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. Digital Department, LLC shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to Client under Paragraph 2 (“Ownership of Materials”), and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment or compensation of or to the Client. Client agrees that it has the right to articulate and put forth the Submission and Client hereby waives all claims and recourse against Digital Department, LLC for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.

8. Revisions

Any and all revision requests, updates, corrections, additions or variations MUST be submitted to Digital Department in writing. Revisions may be discussed verbally, however no work will be done until the Client submits their revisions in writing by email.
The Client understands that any and all revision requests, updates, corrections, additions or variations will be a billable charge of a monthly rate. Design work is not done free of charge unless otherwise arranged with Digital Department explicitly and clearly in writing.
While there are unlimited revision requests, Digital Department reserves the right to deem a revision a new "Submission" if the revision is extensive. If no revisions are requested within the month, it is assumed that the submitted proof is the accepted final. Any revisions made after this point are subject to additional monthly fee. On the occasion the Client requests drafts or revisions that go beyond the monthly scope of the original quote or rate, Digital Department reserves the right to charge an additional monthly rate.

9. Management and Oversight

Digital Department, LLC reserves the right to monitor the Site for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute or regulation. Digital Department, LLC further reserves the right to restrict or deny access to the Site or disable the Client’s use of the Site. Such decision shall be in the sole discretion of Digital Department, LLC, without notice or liability to Client. All decisions regarding the management of the Site shall be at the sole discretion of Digital Department, LLC and shall be designed to protect Digital Department, LLC’s rights and property.

10. Privacy Policy

By using the Site, Client agrees to be bound and abide by the Privacy Policy and the terms more particularly set forth therein and adopted and incorporated herein. The Site is hosted in the United States of America. Access of the Site from the EU, Asia or other regions of the world may result in the applicability of laws, statutes or regulations differing from those of the United States which govern personal data collection, use or disclosure. Client’s continued use of the Site and transfer of data to the United States constitutes express consent of Client to the transfer and processing of data in the United States. Digital Department, LLC does not knowingly accept or solicit information from individuals under the age of 18. In accordance with the United States’ Children’s Online Privacy Protection Act, upon the receipt of actual knowledge that an individual under the age of 13 has provided personally identifiable information to Digital Department, LLC without parental consent, Digital Department, LLC shall delete that information as soon as reasonably practicable.

11. Modification

Digital Department, LLC reserves the right to change, alter, modify, amend or remove anything or any content on the Site for any reason at its sole discretion. Digital Department, LLC reserves the right to modify or discontinue all or part of the Site without notice and without liability to Client.

12. Connection Interruptions

Digital Department, LLC does not guarantee or warrant the Site will be available and accessible at all times. Issues with hardware, software or other items may result in interruption delays or errors beyond Digital Department, LLC’s control. Client agrees that Digital Department, LLC shall not be liable to Client for any loss, damage or inconvenience caused by Client’s inability to access or use the Site during any interruption in the connection or service.

13. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Tennessee without regard to conflict of law principles.

14. Litigation

Any legal action of whatever nature shall be brought in the state courts of Maury County, Tennessee or in the United States District Court for the District of Tennessee. The parties hereto consent to personal jurisdiction in said courts and waive all defenses of lack of personal jurisdiction and forum non conveniences with respect to venue and jurisdiction. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms of Use.

15. Disclaimer

The Site is provided on an as-is, as-available basis. Client agrees that its use of the Site and Services are at Client’s sole risk. Digital Department, LLC disclaims all warranties, express or implied, in connection with the Site and Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Digital Department, LLC makes no warranties or representations about the accuracy or completeness of the Site or any content thereon or content of any websites linked to the Site and Digital Department, LLC assumes no liability for any errors, mistakes or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, any unauthorized access to or use of Digital Department, LLC’s secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Site by any third party and/or any errors or omissions in 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 through the Site. Digital Department, LLC does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party either through the Site, a hyperlinked website or any website or mobile application featured in any advertising.

16. Limitations of Liability and Indemnification

Digital Department, LLC and its directors, employees, members, independent contractors or agents shall not be liable to Client or any third party for any direct, indirect, consequential, incidental, special or punitive damages, including lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures or other damages or losses arising from Client’s use of the Site. Client agrees to defend, indemnify and hold harmless, Digital Department, LLC and its subsidiaries, affiliates and all respective officers, members, agents, partners, employees and independent contractors 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) use of the Site; (2) breach of these Terms of Use; (3) any breach of Client’s representations and warranties set forth herein; (4) Client’s violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, Digital Department, LLC reserves the right, at Client’s expense, to assume control and defense of any matter for which Client shall be required to indemnify Digital Department, LLC hereunder. Client agrees to cooperate with the defense of such claims.

17. User Data

Client is solely responsible for all data transmitted to or that relates to any activity Client has undertaken using the Site. Digital Department, LLC shall have no liability to Client for any loss or corruption of any such data and Client hereby waives any right of action against Digital Department, LLC from any such loss or corruption.

18. Electronic communications, transactions and signatures

Client hereby consents to receive electronic communications from Digital Department, LLC and Client agrees that all agreements, notices, disclosures and other communications sent via email or through the Site satisfy any legal requirement that such communication be in writing. Client hereby agrees 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 Digital Department, LLC or through the Site. Client hereby waives 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.

19. Showcasing Design Work

Digital Department, LLC reserves the right to share design work on digital channels including social media, website, etc. unless otherwise agreed upon. The Client reserves the right to issue an NDA between themselves and Digital Department, LLC, which in turn would void the right of Digital Department, LLC to share or discuss Client's work publicly.

20. Miscellaneous

These Terms of Use and any policies posted on the Site or regarding the Site constitute the entire agreement and understanding between the Client and Digital Department, LLC. Failure of Digital Department, LLC to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of these Terms of Use is determined to be unlawful, void or unenforceable, that provision shall be severed from these Terms of Use but shall not otherwise affect the validity or unenforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy or on the Site shall be construed to constitute the forming of a joint venture, partnership, employment or agency relationship between Client and Digital Department, LLC.

21. Contact Information

For any questions or complaints regarding the Site, please contact Digital Department, LLC at: emily@getdigitaldept.com.