End User Terms of Service
Our Terms of Service comprise a legal agreement for Web Services Corporation Inc ("DCC") and governs the use of our service by End Users ("End Users"). End Users may collectively be referred to as ("Customers") in areas of these Terms of Service. Our System may collectively be referred to as ("DCC System") in areas of these Terms of Service. By subscribing to and/or using our service, you agree to be bound by these terms. If you do not agree to these terms, do not subscribe and/or use the service. Any rights not expressly granted herein are reserved by DCC.
DigitalContentCenter.com is comprised of two services. Service One allows Clients to sell, deliver, and receive digital content. Service Two allows End Users to buy and download digital content. Both services are owned, operated, and maintained by DCC.
Liability Limitations and Disclaimers
By submitting your online order, you acknowledge and agree that the prices, specifications, and conditions are satisfactory and are hereby acceptable to you; that you have read the terms of service; that you agree and accept the terms of service; that you authorize the Client (Digital Content Provider) and their chosen Payment Processor to charge your credit card account for the digital content that you have purchased; and DCC shall not be liable to you or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages (including without limitation, damages for loss of business profits, business interruption, loss of business information or any other pecuniary loss), that results or have alleged to have resulted from the purchase of said digital content.
DCC uses Industry Standard Secure Socket Layers to transmit sensitive information from your computer to our servers to and through to the Client's (Digital Content Provider) payment processor.
Service Provided
The DCC System facilitates the purchase and download of digital content that is for sale or for free from our Clients (Digital Content Providers) to you, the End User.
Support
DCC will provide standard technical support free of charge with no time or call frequency limit for issues related to our services associated with normal operation of our service. Standard Support shall include only diagnosis and repair of any malfunction of standard network, equipment, and web server hardware/software. Customers will be notified if their support call is not free prior to incurring any expenses. No support shall be provided for any issue not directly related to any Standard Support described above, including but not limited to issues related to downloaded digital content, 3rd party email clients, and training.
You may request additional support for items not covered by Standard Support, which would be billed at a specified hourly rate determined solely by DCC.
Support requests that are related to downloaded digital content, is provided by the Client (Digital Content Provider).
Usage
By downloading digital content from the DCC System you agree to the terms and conditions of the License Agreement, which is outlined by the Client (Content Provider) that is either provided with the digital content that you have downloaded or that may be found on the Client (Digital Content Providers) web site. The license provided from the Client (Digital Content Provider) supersedes the license below.
If a license is not provided with your digital content or is not displayed on the Client's (Digital Content Provider) web site, then the following license will be the de facto license. For any digital content not accompanied by a license agreement, the Client hereby grants to you, the end user, a personal, non-exclusive, non-transferable license to view or use digital content and for no other purpose. You shall keep intact all and may not alter any copyright and other proprietary notices contained in such digital content. Any reproduction or redistribution of the digital content is expressly prohibited, and may result in severe civil and criminal penalties. Persons violating the foregoing, or who otherwise misappropriate any intellectual property or proprietary rights related to the digital content may be prosecuted to the maximum extent possible. Without limiting the foregoing, copying or reproduction of the downloaded digital content to any other server or location for further reproduction or redistribution is expressly prohibited.
You may not decompile, disassemble, reverse engineer or otherwise attempt to discover any trade secret contained in any digital content provided through this service.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the DCC System, except as expressly provided herein.
You acknowledge that the digital content, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the digital content, directly or indirectly, to any countries that are subject to USA export restrictions.
All digital content downloaded or otherwise obtained by the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with Restricted Rights as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
Liability Limitations and Disclaimers
The digital content available through the DCC System may not be complete, and may include inaccuracies or errors, and may also be modified, discontinued or deleted from time to time without notice. Digital Content received via the DCC System should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals. You acknowledge that you should consult an appropriate professional for specific advice tailored to your situation.
Your access to and use of the DCC System is at your own risk. DCC makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the DCC System, or such products or services.
Without limiting the foregoing, neither DCC nor its respective Clients (Digital Content Providers), nor its service providers make any representations or warranties about the condition, suitability, reliability, availability, completeness, security, timeliness, or accuracy of the digital content contained in the DCC System for any purpose. Because of the possibility of human and/or mechanical error, all such digital content is provided "as is" without warranty of any kind.
DCC, its respective Clients (Digital Content Providers), and service providers hereby disclaim all representations, warranties and conditions, express or implied, with regard to digital content on the DCC System, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall DCC, its Clients (Digital Content Providers), or its service providers be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages or any damages whatsoever including, without limitation to:
- Damages for loss of use, data, accounts, revenues or profits, arising out of or in any way connected with the use or performance of the DCC System or digital content provided by our system;
- With the delay or inability to use the DCC System or related services;
- The provision of or failure to provide services, or for any digital content obtained through the DCC System or otherwise arising out of the use of the DCC System whether based on contract, tort, negligence, strict liability or otherwise, even if DCC, or any of its Clients (Digital Content Providers), or service providers has been advised of the possibility of damages.
If you are dissatisfied with any portion of the DCC System or with any of these terms of service, your sole and exclusive remedy is to discontinue using the DCC System and its related services.
DCC will not be liable for any damage, loss or disclosure of data, accounts, revenue or business arising out of or otherwise related to:
- Your use of the DCC System, its services or products;
- Errors, bugs, viruses, or other defects in the DCC System;
- Lost company, customer or vendor information (including, without limitation, billing information, credit card numbers, lost orders, etc...;
- Illegal or criminal activities committed by third parties, including but not limited to reliance on any information obtained on the DCC System or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to DCC records, programs or services.
Links to Third Party Sites
Advertising Links within our Marketplace Service will direct you away from our site. You acknowledge that the linked sites are not under the control of DCC and DCC is not responsible for the contents or operation of linked sites.
Clients may also provide links to their website which will direct you away from our site. You acknowledge that the linked sites are not under the control of DCC and DCC is not responsible for the contents or operation of linked sites.
DCC encourages you to review any Terms of Service and Privacy Policies posted by linked sites prior to doing business with them.
DCC is not responsible or liable for the content of links to other sites, or sites linking to us and does not endorse either.
Copyright and Trademark Notices
All Design, Images, Custom Solutions, Management Control Panel Administration, Functionalities, Applications, Logic, and Text are owned by DCC and are subject to copyright protection. Duplicating or copying any content from this website or any solution that we create is a direct violation of copyright law. Unauthorized copying, distribution, reverse engineering, or use is strictly prohibited without written consent from DCC.
Digital Content Center and any of the associated marks are either a trademark or registered trademark of Web Services Corporation Inc.
All other copyrights remain property of their respective owners.
Privacy
For information about your Privacy when using our service please visit our Privacy Page.
Copyright Infringement
If you believe any digital information for sale on this site is a violation of your copyright we want to hear from you. Please visit our DMCA page.
Communication and Notices
All official communication between DCC and Customers as well as notices set forth within this agreement shall be by e-mail and our Support Ticket System.
Clients shall send notification and official communication to DCC through the Support Ticket System located within the Management Control Panel.
End Users shall send all notices and official communication to DCC through the contact form located on our contact page.
DCC shall send all notices and official communication to Customer at the e-mail address listed in Customer's account record.
It is solely the Customer's responsibility to ensure that the e-mail address listed with DCC is accurate and up to date.
In the event WSC sends a notice of cancellation, renewal or any other official notice to an e-mail address that is no longer valid for Customer, such notice shall be deemed delivered per this agreement.
The information provided by DCC to you is proprietary in nature. You agree not to share any information provided to you by or on behalf of DCC with any third party.
Disclaimer and Indemnification
Customer agrees to use our services at your own risk. DCC shall not be held liable in any way for any improper or incorrect use of the contents in this website.
DCC specifically disclaims all warranties of any kind, including, without limitation, the warranty of merchantability and fitness for a particular purpose, whether expressed or implied, regarding the use of this website or it's services.
DCC is not responsible or liable for any types of viruses or issues arising from viruses.
Submitting your order over the Internet is done at your own risk and discretion. DCC has no liability if parties other then DCC officers and employees obtain the contents of your submission.
Under no circumstances, including negligence, shall DCC or its officers be liable to you or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages (including without limitation, damages for loss of business profits, business interruption, loss of business information or any other pecuniary loss), that result or have alleged to have resulted from the use of or inability to use this website or its services; or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to this website. DCC further shall have no responsibility whatsoever to you or any third party for the accuracy or quality of information obtained through or in connection with this website or any of its services.
Customer shall defend, indemnify, save and hold DCC harmless from any and all damages, demands, liabilities, losses, costs and claims, including, without limitation, reasonable attorneys' fees, compensatory damages, punitive damages, trebled damages, and statutory damages asserted against DCC, its officers and employees, that may arise or result from this website or it's services.
Notwithstanding the above, Customer's exclusive remedies for all damages, losses, costs or causes of actions from any and all claims, whether in contract, quasi-contract, statutory, tort including negligence, or otherwise, shall not exceed the aggregate dollar amount which Customer paid during the three (3) months immediately preceding the claim or the term of this Agreement, whichever is less. These obligations will survive any termination of your relationship with DCC or your use of our service.
Governing Law
This Agreement, and the performances due hereunder, shall be construed and governed in accordance with the laws of the State of Tennessee. Venue for purposes of any court action shall be in Knox County, TN. As such, all claims concerning this Agreement shall be brought exclusively in the State or Federal courts located in Knox County, State of Tennessee. The parties hereby consent to submit to the jurisdiction of such courts located in Knox County, State of Tennessee and waive any personal jurisdiction or venue defenses concerning said forum. You agree that no joint venture, partnership, employment, or agency relationship exists between you and DCC as a result of these Terms or Service or use of our services.
The parties expressly agree that The Uniform Computer Information Transactions Act or any version thereof adopted by any State in any form ("UCITA") shall not apply to this agreement, including any applicable product agenda. To the extent that UCITA is applicable, the parties agree to opt out of the applicability.
If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service shall continue in effect. If moreover, any one or more of the provisions contained in this Agreement shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, such provision shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with the applicable law as it shall then appear.
No delay or omission on the part of either party to this Agreement in requiring performance by the other party hereunder, or in exercising any right hereunder, will operate as a waiver of any right or rights hereunder. Any and all representations and warranties, indemnification obligations, confidentiality requirements, intellectual property, applicable law, notice, and termination provisions, jurisdictional consents, and this Section shall survive the termination of the Agreement by either party for any reason.
Unless otherwise specified herein, these Terms of Service, and the Privacy Statement constitute the entire agreement between the user and DCC with respect to the DCC System and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and DCC with respect to the DCC System.
Updated
Our End User Terms of Service is periodically reviewed and enhanced as necessary and we reserve the right to modify our End User Terms of Service at any time. An update date is always provided so that you know when our End User Terms of Service was updated.
Our End User Terms were last updated on 03/01/2011.
