These Terms and Conditions (the “Terms” or “Agreement”) for Digitalsignagepress (“Digitalsignagepress” or “Product”) are a legal agreement between you, either an individual or a legal entity (“Customer”), and Ondamedia GmbH (“Ondamedia”).
These Terms, along with any other policies or documents referenced herein, govern Customer’s purchase and use of Digitalsignagepress, both as a signer and originator of documents. Customer’s use of Digitalsignagepress constitutes its binding legal agreement to these Terms, which are subject to change at any time by Ondamedia.
If Customer is not legally able to be bound by these Terms or does not want to consent to these Terms, Customer’s use of Digitalsignagepress is strictly prohibited.
The Products are made available to Customer only for personal or internal business use, which use must comply with all applicable Digitalsignagepress policies and all laws, rules and regulations, and must not infringe or violate third party rights. Customer may not make commercial use of the Products, including but not limited to selling, licensing, providing services, or distributing the Products or any part thereof to any third party.
If the version of Digitalsignagepress is purchased, Customer must comply with the Digitalsignagepress Usage Terms.
Please refer to Digitalsignagepress’s Privacy Policy for information about how we use, transfer and share information collected by Ondamedia and stored by Customer within Digitalsignagepress. Customer acknowledges and agrees that Ondamedia may occasionally contact them via email. This contact may include offers to upgrade to a paid plan, or other marketing contact.
Ondamedia reserves the right at any time to modify, suspend, or discontinue providing the Product or any part thereof in its sole discretion, with prior notice. Any discontinuation will be coterminous with the end of any prepaid term. Ondamedia reserves the right at any time to modify these Terms in its sole discretion, without liability to Customer. This Agreement, as amended, will be effective upon use of the Digitalsignagepress Products for all existing users immediately after posting of any amended terms on the Digitalsignagepress.com website. Customer agrees to be bound by this Agreement, as modified. If Customer does not agree to any changes to the Terms, they must stop using Digitalsignagepress and terminate your account immediately. Please review the most current version of this Agreement from time to time so that you will be apprised of any changes.
Customer acknowledges that Ondamedia or its licensors own all right, title and interest in and to the software related to the Product, portions thereof, or content provided through or in conjunction with the Product, including without limitation all intellectual property rights. Except for the license granted in these Terms, all rights in and to the Products are reserved, and no implied licenses are granted by Ondamedia.
Ondamedia will automatically bill the subscription in accordance with the product and billing term that the Customer selects. The fees for the Account will be billed from the date elected by Customer, or convert to a Account and will be automatically billed each month or year on the anniversary of the commencement of the Account.
Fees are exclusive of all taxes and Customer is responsible to pay all taxes associated with the use and purchase of Digitalsignagepress.
Customer acknowledges that the amount billed each period may vary for reasons that include differing amounts due to promotional offers, differing amounts due to changes in Customer’s account, or changes in the amount of applicable sales tax. Customer authorizes Ondamedia to bill for such varying amounts. All fees and charges are non-cancelable and nonrefundable and no credits will be given for partially used periods.
If any fee is not paid when due, or Ondamedia is unable to process the transaction using the payment information provided, Ondamedia reserves the right to revoke access to Customer’s Digitalsignagepress account and to use its discretion to delete some or all of Customer’s Documents. All amounts payable to Ondamedia under this Agreement shall be paid by Customer to Ondamedia in full without any setoff, recoupment, counterclaim, deduction, debit or withholding for any reason (other than any deduction or withholding of tax as may be required by applicable Law).
Ondamedia may change the fees and charges in effect, or add new fees and charges, from time to time, but we will give Customer advance notice of these changes by email or on the website. It is Customer’s responsibility to keep its contact information and payment information current and updated.
Customer agrees that Digitalsignagepress shall have the right to, automatically and without notice, renew the Account at the same upon expiration of the license period. Customer agrees that if it fail to pay any renewal fee when due, then Ondamedia may terminate the license upon expiration of the current period, and delete any data remaining in Digitalsignagepress.
Accounts will continue in effect unless and until Customer cancels the Subscription or it is terminated by Ondamedia. Customer must cancel the Account before it renews each month or year in order to avoid billing of the next month’s or year’s fees.
Customer may cancel the Account at any time, and cancellation will be effective immediately. Should Customer elect to cancel the Account, Customer will not be issued a refund for the most recently (or any previously) charged monthly or annual fees.
This Agreement is effective upon any use of Digitalsignagepress and remains in effect until the account is terminated either by Customer or by Ondamedia.
Customer’s right to use Digitalsignagepress automatically terminates if Customer fails to comply with these Terms. Ondamedia reserves the right to refuse or discontinue participation to any user at any time at its sole discretion. Customer agrees that, upon such termination, Customer will discontinue all use of the Products and that Customer’s access rights will immediately terminate.
The terms of this agreement that by their nature extend beyond termination, including Payment, Warranty, Limitation of Liability, Governing Law, Dispute Resolution, and Venue shall survive termination of this Agreement.
Each party may from time to time divulge confidential information and proprietary trade and/or manufacturing secrets to the other party. The receiving party shall preserve in strict confidence any confidential or proprietary information obtained concerning the business or affairs of the disclosing party and affiliated entities, including but not limited to this Agreement, trade secrets, technology, the Price List, marketing strategies, customer lists, mail lists, and information concerning the design or methods of manufacture of the Products (“Confidential Information”), and shall refrain from disclosing, during the term of this Agreement or at any time thereafter, any such information to any person or persons, natural or corporate except as expressly provided herein. The receiving party agrees, with respect to Confidential Information disclosed hereunder, to use the same degree of care that it uses to prevent the disclosure of its own similar information, but in no event less than reasonable care. The receiving party may only use Confidential Information for the purpose of fulfilling its obligations hereunder and shall disclose the Confidential Information only to its own employees and to its attorneys, accountants and other professional advisors, in each case who have a need to know and who have agreed in writing under terms at least as stringent as these terms, to maintain such Confidential Information in confidence. The receiving party shall be liable for a breach of this section by any of its representatives to whom it discloses Confidential Information. The receiving party shall not have any obligation to protect Confidential Information which (a) was in the receiving party’s possession prior to receipt from the disclosing party; (b) is, or becomes, a matter of public knowledge through no act, omission or fault of the receiving party; or (c) is disclosed by the receiving party with the written permission of the disclosing party.
This Agreement, which incorporates the Digitalsignagepress Privacy Policy, and the Digitalsignagepress Usage Terms constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the Products. Ondamedia failure to enforce a provision is not a waiver of its right to do so later. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Ondamedia
Customer may not assign or transfer any of your rights or obligations under this Agreement. Ondamedia may freely assign its rights and obligations under this Agreement. Any attempted assignment or transfer in violation of the foregoing will be void.
If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted which as closely as possible reflects Ondamedia intent.
(Consumer is any natural person who concludes a legal transaction for purposes which can not be attributed predominantly to his commercial or self-employed occupation.)
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us (Ondamedia GmbH, Daimlerring 3, 31135 Hildesheim, Germany, Email: info@digitalsignagepress.com) of your decision to withdraw from this contract by an unequivocal statement. You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has
expired.
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Last update: 25 April 2017
