Terms and Conditions

Defined Terms

Site: The website www.digitalmotion.co.uk.
eCards: The animated greetings cards available on the Site.
Digital Product: A Web or Mobile App.
Materials: All photographs, graphics, images, illustrations, sound clips, music, animations and text on the Site, including the eCards and digital products.
The Company: DIGITALmotion, operating as a sole-trader.
Member: Any person who has created an account on the Site.
You: Any person visiting or browsing the Site, including but not limited to Members, and “Your” shall be construed accordingly.

Introduction

This is a legal agreement between You and the Company. By browsing or using the Site, You acknowledge that you have read, understood, and agree to be bound by these terms (the “Agreement”). If you do not agree to the terms and conditions of this Agreement, you should not use the Site.

eCards and Digital Products

The Company will customise your chosen eCard with your logo and message text and provide a completed movie file. All eCard animations require payment in full, in advance of any development work.

Digital Products require a deposit payment in advance of any development work, with the remaining balance paid according to a schedule agreed between You and the Company.

The company supplies an eCard animation or Digital Product as a single, completed item, which You can then market using your preferred methods. The Company does not provide any email marketing or distribution services.

You will supply all source materials (logo, custom text, etc.) required in order for the company to produce the completed eCard or Digital Product in a timely manner.

Total development time can vary considerably due to numerous factors and any time estimates provided by the Company are intended only as outline guide.

Intellectual Property

All Materials are protected by copyright and other forms of intellectual property, and are owned or controlled by the Company, its affiliates, or the parties credited in the copyright and trademark notices within the Materials. You may not modify, participate in the transfer or sale of, reproduce, create new works from, distribute, or in any way exploit, any of the Materials in whole or in part. You agree that any copy of the Materials that you make or have in your possession shall be unaltered and shall retain all copyright and other proprietary notices. All information and software provided through the Site is and shall remain the sole and exclusive property of the Company, its affiliates or the parties credited in the copyright and trade mark notices within the Materials.

Licence Grant

The Company hereby grants you a limited licence to use, in accordance with this Agreement, such eCards, Digital Products and other features of the Site as are from time to time available. No use of the Site, Materials, eCards or Digital Products is permitted save that permitted by this Agreement.

Use of the Site

The Site is only for domestic, private or commercial use.

Causing the Site to be displayed in a frame of another website is forbidden. Posting of any Materials from this Site on any other website, or otherwise distributing any of the Materials from this Site is forbidden.

You agree not to use the Site to violate, plagiarise, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights, or submit or publish libellous or otherwise unlawful material. You further agree that You will not send eCards or Digital Products to anyone with the intent of harassing such person. In the event a claim is made by virtue of your breach of this Agreement, You agree to cooperate as fully as reasonably required in defence of any such claim. The Company reserves the right, at its own expense, to assume the exclusive defence and control of any such matter.

Changes to Our Site

All Materials are subject to change without notice. The Company may from time to time in its sole discretion publish or vary eCards or Digital Products. The Company may also change, suspend or close the Site, or any part or feature of the Site, or restrict access to parts or the whole of the Site, without notice or liability.

Your membership of the site does not commit the Company to the future maintenance or availability of the Site nor to the release of further eCards or Digital Products.

No Reliance

The Company does not represent or endorse the accuracy or reliability of any opinion, statement, or other information displayed or distributed through the Site by any person or entity. You acknowledge that any reliance upon any such opinion, statement or other information shall be at Your sole risk.

Limitation of Liability

The Company will supply eCard animations and Digital Products in an industry standard format, but does not guarantee that the items will play flawlessly on all hardware/software platforms.

To the extent permitted by law, the Company excludes all conditions, warranties, representations or other terms which may apply to the Site or any content on it, whether express or implied.

Any losses or damages shall be limited to the amount of money the Company has received from You in connection with this Site. The Company has no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.

The Company will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of this Site or to your downloading of any content on it, or on any website linked to it.

Changes to this Agreement

The Company may modify this Agreement at any time by updating this page. By using the Site, You agree to be bound by any such revisions and You should periodically visit the Site to determine the terms to which You are bound. If any of the terms contained in this Agreement or any future changes to this Agreement are not acceptable to You, You should not use the Site further. Your use and continued use of the Site, or following the posting of any changes to this Agreement, will indicate acceptance by You of such changes.

Your Password and Email Address

In order to have a membership to the Site You will be required to select a password to be used in conjunction with Your email address. You must not disclose this password to others or permit others to use Your password so as to access the Site. The Company has the right to disable any user identification code or password, whether chosen by You or allocated by the Company, at any time, if in its reasonable opinion You have failed to comply with any of the provisions of this Agreement.

You must ensure that the email address which You give as part of your membership details is Your correct and valid email address.

If You change your email address You must notify the Company by means of the facilities made available on the Site (i.e. by logging in to your Dashboard).

Applicable Law

This Agreement, its subject matter and its formation, are governed by English law. You and the Company both agree that the courts of England and Wales will have exclusive jurisdiction; provided, however, if You are a resident of Northern Ireland You may also bring proceedings in Northern Ireland, and if You are resident of Scotland, you may also bring proceedings in Scotland.

Contact Details

If you have a technical problem you can contact us using any of the following methods…

Email: enquiries@digitalmotion.co.uk

Telephone: +44 777 9304837

In writing:

DIGITALmotion
10 Hatfield Avenue
Sandiacre
Nottingham
Derbyshire
NG10 5NZ
United Kingdom