Terms of Service

Last updated: December 10, 2024, 11:35 AM

Please carefully review these Terms of Service (“Terms,” “Terms of Service”) before using the https://digdesigns.com website (the “Website”) operated by Ellington Marketing, LLC, doing business as Dig Designs, with contact email [email protected] (“us,” “we,” “our”). These Terms of Service contain essential information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to all individuals, including visitors, users, and others, seeking access to and use of the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.

Accounts
When creating an account on our Website, you must ensure that you are 18 years of age or older and that the information you provide us is accurate, complete, and up-to-date. Any inaccurate, incomplete, or outdated information may lead to the immediate termination of your account on the Website.

You are responsible for maintaining the confidentiality of your account and password, including restricting access to your computer and/or account. You agree to take responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third-party service. You must promptly notify us of any security breach or unauthorized use of your account.

We retain the right to terminate your account at our sole discretion. You may terminate your account by emailing us or visiting the website.

Prohibited Uses
You must agree to use this Website in accordance with all applicable laws, rules, regulations, and these Terms at all times. The following list outlines prohibited uses of this Website. You must not engage in any of the following prohibited uses:

• Impersonating or attempting to impersonate ELLINGTON MARKETING, LLC or its employees, representatives, subsidiaries, or divisions.
• Misrepresenting your identity or affiliation with any person or entity.
• Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail, or similar material.
• Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website or that, in our sole discretion, may harm us or the users of this Website or expose us or other users to liability.
• Using the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with another party’s use of the Website.
• Using any robot, spider, or similar automatic technology, process, or means to access or use the Website for any purpose, including monitoring or copying any material on this Website.
• Using any manual process or means to monitor or copy any material on this Website or for any other unauthorized purpose.
• Using any device, software, means, or routine that interferes with the proper functioning of the Website, including but not limited to viruses, trojan horses, worms, logic bombs, or other destructive materials.
• Attempting to gain unauthorized access to, interfering with, damaging, or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer, or database connected to the Website.
• Attempting to attack or attacking the Website through a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempting to interfere with the proper functioning of the Website.
• Using the Website in any way that violates any applicable federal, state, or local laws, rules, or regulations.

No Warranty on Website
THIS WEBSITE IS PROVIDED “AS IS.” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE), SHALL APPLY TO THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

Availability, Errors, and Inaccuracies
We assume no liability for the availability, errors, or inaccuracies of the information, products, or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products, and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such a product or service by us.

Damages and Limitation of Liability
IN NO EVENT SHALL ELLINGTON MARKETING, LLC BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF, OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY, OR USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES, OR OTHERWISE, EVEN IF ELLINGTON MARKETING, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links to Third-Party Websites
This Website may contain hyperlinks to websites operated by third parties, not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Furthermore, it is your responsibility to take precautions to ensure that whatever links you click on or software you download, whether from this Website or other websites or applications, is free of items such as viruses, worms, trojan horses, defects, and other destructive elements. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Intellectual Property and DMCA Notice and Procedure for Intellectual Property Infringement Claims
All contents of this Website are © 2024 Ellington Marketing, LLC, doing business as Dig Designs, or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website, including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files, and arrangement thereof (collectively, “Content”), are the proprietary property of Ellington Marketing, LLC, doing business as Dig Designs, and are either registered trademarks, trademarks, or otherwise protected intellectual property of Ellington Marketing, LLC, doing business as Dig Designs, or third parties in the United States and/or other countries.

If you are aware of a potential infringement of our intellectual property, please contact the Intellectual Property Department at [email protected].

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark, or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice with the details to [email protected]

Updates to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Any changes will become effective upon posting to the Website. It is your responsibility to review these Terms periodically for updates. Your continued use of the Website after any modifications constitutes your acknowledgment and acceptance of the changes.

Payment Terms

For any services purchased or contracted through Dig Designs:

1. Payment terms, including fees, schedules, and methods, will be outlined in the specific service agreement signed by both parties.
2. Late payments may result in service interruptions or late fees, as outlined in the service agreement.
3. All fees are non-refundable unless explicitly stated in the service agreement or required by law.

Service Guarantees

While we strive to deliver excellent results, we do not guarantee specific outcomes, such as increased traffic, leads, or sales, as success depends on multiple factors outside our control.

Cancellation Policy

1. Clients may terminate ongoing services by providing a minimum of 30 days’ written notice unless otherwise stated in the service agreement.
2. Dig Designs reserves the right to terminate services for breach of these Terms or non-payment, with or without notice.

Intellectual Property Rights on Delivered Work

1. Upon full payment, ownership of final deliverables will transfer to the client unless otherwise agreed upon in writing.
2. Dig Designs retains the right to display completed projects in our portfolio, on our Website, and in marketing materials unless the client requests confidentiality in writing.

Confidentiality and Non-Disclosure

Both parties agree to keep confidential any proprietary or sensitive information shared during the course of their business relationship. This obligation shall survive the termination of the agreement.

Indemnification

You agree to indemnify, defend, and hold harmless Ellington Marketing, LLC, its employees, agents, contractors, and affiliates from and against any claims, liabilities, damages, losses, or expenses, including reasonable attorney’s fees, arising out of or in connection with your use of the Website, breach of these Terms, or violation of any law or third-party rights.

Governing Law

These Terms are governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of laws principles. Any disputes arising from these Terms or the use of the Website will be exclusively subject to the jurisdiction of the courts located in [Your State].

Force Majeure

We shall not be held liable or responsible for any delay or failure to perform resulting from causes outside our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, pandemics, natural disasters, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

Feedback and Suggestions

If you provide feedback, ideas, or suggestions to improve our services (“Feedback”), you grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, copy, modify, and otherwise exploit the Feedback for any purpose.

Entire Agreement

These Terms, along with our Privacy Policy and any signed service agreements, constitute the entire agreement between you and Ellington Marketing, LLC, regarding the use of the Website and services and supersede any prior agreements.