Last Updated: September 9, 2022
Acceptance of Agreement
These Terms and Conditions (“Terms” or “Agreement) are applicable the Digital Lion, LLC. and its websites, included but not limited to StartDigitalSpace.com (“StartDigitalSpace,” “Site,” “us,” “we,” or “our”). You agree to the terms and conditions outlined in this Agreement with respect to Your use of the Site. The Agreement constitutes the entire and only agreement between You and StartDigitalSpace with respect to Your use of the Site, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the Site. We may amend the Agreement from time to time in our sole discretion, without specific notice to You. The latest Agreement will be posted on the Site, thus, You should review the Agreement prior to using the Site. By Your continued use of the Site, You agree to comply with all of the terms and conditions contained within the Agreement effective at that time. If You do not agree to this Agreement’s terms and conditions You may not use this Site.
Changes to the Agreement
We reserve the right to edit and/or delete language, terms, information, or other content appearing in the Agreement. Your continued use of the Site after these changes are posted constitutes Your agreement to the modified Terms. You should review the Site frequently for revisions to the Terms. If You do not agree to the modified Terms, You should discontinue Your use of this Site.
Authorized Uses
The Site is available to individuals who are authorized to use it or as otherwise permitted under applicable law. You agree to abide by these Terms and our Privacy Policy when using the Site. You agree to abide by all applicable local, state, national, and international laws and regulations in using this Site. You agree to provide only true, accurate, and complete information. You agree to be solely responsible for Your actions and the content of Your transmissions through this Site. You are solely responsible for any software, information, data, databases, music, audio, video or audio-visual files, photographs, images, documents, text, digital files or other material that You post on or transmit through this Site, including for damages resulting from that post or transmission. You are also solely responsible for damages or losses caused by Your breach of the Terms or Privacy Policy.
Intellectual Property Rights
The Site, creative materials, content, information, organization, graphics, images, design, text, trademarks, service marks, logos, compilation, magnetic translation, digital conversion, software, services and other matters related to the Site (“StartDigitalSpace Content”) are protected under applicable copyrights, trademarks and other proprietary, including, but not limited to, intellectual property rights. The copying, redistribution, publication, or sale by You of any part of the StartDigitalSpace Content is strictly prohibited. You have no rights in or to any StartDigitalSpace Content or other materials viewed at or through the Site. The posting of information or material on the Site by StartDigitalSpace does not constitute a waiver of any right in such information and/or materials. The trademarks and service marks displayed on the Site are protected under trademark and other proprietary rights. Except as provided in this Agreement, any use of such trademarks and service marks displayed on the Site, without the written consent of StartDigitalSpace or third-party owner of such trademarks and service marks, is strictly prohibited.
Prohibited Uses
The Site is available to individuals who can enter into legally-binding contracts under applicable law. By using this Site, You represent that You are not under the age of eighteen (18), and You further represent You have the capacity to be bound by these Terms. If You are using this Site on behalf of a company or other entity, Your use of the Site represents Your acknowledgment of having the authority to bind such company or entity. StartDigitalSpace assumes no responsibility or liability for any threat, defamation, profanity, obscenity, or other inaccuracy or misrepresentation contained in or resulting from such prohibited content. Unauthorized use of the Site or its Content are strictly prohibited. Except as expressly provided for by these Terms or permitted by prior written consent from us, all rights are reserved, and You are not granted any rights under these Terms. You may not sell, resell, transfer, assign, license, sublicense, or modify any StartDigitalSpace Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use any StartDigitalSpace Content, Site, services, or other information we provide to You in any way for any public or commercial purpose. The use or posting of any of the Content on any other website or computer environment for any purpose is expressly prohibited. If You violate any part of these Terms, Your right to access or use the Content and the Site automatically terminates.
While using the Site, You will comply with all applicable laws, rules and regulations. Your use of the Site is conditioned on Your compliance with the restrictions listed below. Any failure to comply may result in termination of Your access to the Site. In using the Site, You agree that You will not, and will not allow or authorize any third party to:
StartDigitalSpace may, in its discretion, at any time, modify, suspend, or discontinue this Site, or any services offered through the Site, temporarily or permanently, for any reason, with or without notice to You.
Registration
To register to use the Site, You may be required to provide StartDigitalSpace with the information requested in the registration process, including your company name, email address, company physical address, company phone number, industry, and job title. As part of the account creation process necessary to obtain access to certain portions of the Site, you will provide StartDigitalSpace with accurate, truthful, complete and updated registration information. You are responsible for all activities that occur under your account on the Site (“User Account”), and you must keep your User Account password secure. StartDigitalSpace is not responsible for unauthorized access to your User Account, and will not be liable for any losses caused by any unauthorized use of your User Account. Contact StartDigitalSpace immediately if You believe an unauthorized third-party may be using your User Account or if your account information is lost or stolen.
Subscription
You agree to pay for all applicable fees relating to the use of the Site, Content, materials, or services You subscribe to. All subscriptions are annual with monthly or annual billing sales payments. Annual and monthly subscriptions will automatically renew unless you choose to cancel your account prior to the billing cycle. All sales are final once the purchase is completed.
Trial Period
StartDigitalSpace.com offers a free trial of its modeling product for up to 14 days or 10K requests, whichever comes first. To sign up, contact us to register. You may cancel at any time before the modeling product trial period ends. Once the modeling product trial period ends, You will be charged for the professional account and have access to the services until the end of the billing period. To avoid recurring charges, You must cancel the subscription prior to the next billing cycle. StartDigitalSpace.com will not issue a refund of any kind.
You acknowledge that during the modeling trial period, You understand and agree that You are bound by these Terms and Conditions. You are prohibited from accessing the services or the modeling product trial period or using this Site if You are a competitor or provide the same or similar Services as the Site, except with Our prior written consent. In addition, You may not access the services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes. Any data You enter into the Services or modeling product trial period, and any customizations made to the Services or modeling product trial period by or for You, during your Modeling trial period will be permanently lost if you choose to discontinue the use of the professional product. The Company does not provide any warranty during the Modeling trial period.
License
By using the Site, You are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Site and associated content as permitted by the features of the Site and in accordance with the Agreement. StartDigitalSpace reserves al rights not expressly granted herein in the Site and the StartDigitalSpace Content. StartDigitalSpace may terminate this grant of rights at any time for any reason or no reason.
Intellectual Property
This Site contains our intellectual property and may contain that of other third parties and is protected by U.S. and international copyright law and other intellectual property laws. Unauthorized reproduction or distribution of the Site, its Content, in whole or in part, without StartDigitalSpace’s express written consent, may result in civil and criminal penalties, and may be prosecuted to the maximum extent possible under law. The publication or dissemination of any link to the Content of this Site, other than a hyperlink to this Site, without our express, written consent is prohibited and may result in termination of your rights to use or access the Site.
We grant You a personal, limited, non-exclusive, non-assignable, revocable-at-any-time license to view Content available on the Site. We may limit Your ability to view Content at our sole discretion. Unless otherwise explicitly stated in this Section, we do not provide You with any right to our intellectual property rights, or those of a third party, whether by estoppel, implication, waiver, or otherwise.
You agree not to modify, alter, remove, or deface any of the trademarks, service marks, or other intellectual property made available by us in connection with this Site. You agree not to use any of the trademarks, service marks, or other Content accessible through the Site for any purpose other than the purpose for which this Content is made available to You. You agree not to defame or disparage StartDigitalSpace, StartDigitalSpace’s trademarks or service marks, or any aspect of this Site. Unless otherwise specifically agreed in writing by StartDigitalSpace, You agree not to adapt, translate, modify, decompile, disassemble, copy, create derivative works of, or reverse engineer this Site or any software or programs used in connection with this Site.
Copyright Infringement Notification & Digital Millennium Copyright Act
If You believe that the Site contains Content that infringes on Your copyright(s), please forward the following information to StartDigitalSpace, 200 W Glenoaks Blvd #106, Glendale, CA 91202, or by email to contact@startdigitalspace.com.
Your postal address, telephone number, and email address;
A description of the copyrighted work that You claim has been infringed;
A description of the location of an original or an authorized copy of the copyrighted work, such as a URL;
A statement by You that You have a good faith belief that the disputed use is not authorized by You, the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
Third-Parties and Integrations
We may provide third-party links or integrations on the Site as a convenience to You. We have no control over the content posted at these sites and make no representations about their availability, content, or security. Links or integrations are not intended to imply sponsorship, affiliation, responsibility, or endorsement. We provide no warranty as to the accuracy, availability, completeness, or legality of any information found on these sites. We provide no warranty that these sites are virus free and will not otherwise harm Your device, computer, network, or system. We are not liable for those sites’ actions or their failure to act. If You decide to access any third-party links, You do so at Your own risk. You expressly relieve StartDigitalSpace from any and all liability arising from your use of any third-party website, service, or content, including without limitation any data submitted by other users of the Website.
If You believe that we have provided a link to a site that contains infringing or illegal content, please notify us so that we may evaluate whether, in our sole discretion, to disable or delete it.
We make attempts to reasonably comply with the Digital Millennium Copyright Act of 1998. You may contact us if You believe that a work protected by a U.S. copyright that You own has been posted or stored on the Site without authorization. It is our policy to terminate, in appropriate circumstances, the access rights of repeat infringers.
You authorize us to collect information through the various integrations we offer, including, without limitation, integrations for customer relationship management, email, or social media platforms. We may use this information to provide our services or in accordance with these Terms, our Privacy Policy, or other documentation. You understand that these integrations will stay in place until You remove them.
Confidentiality
You shall use commercially reasonable efforts to maintain the privacy, security, and confidentiality of Your access to the Content, Materials, Site, and services we offer. You shall promptly notify StartDigitalSpace in the event of a security breach or unauthorized use of Your account. You are solely responsible for any damages incurred as a result of the unauthorized use of Your account.
Federal E-Sign Act Disclosure and Consent
Under the federal E-Sign Act and related state laws, with Your consent, we can deliver required information and disclosures to You electronically and can use electronic records and electronic signatures in connection with Your transactions with us. Therefore, when an Affiliate completes our electronic form and clicks the “I Agree,” or “Submit” (or such similar button as may be used by StartDigitalSpace to accept its Agreement(s)), You are agreeing to submit a legally-binding e-signature and thus agree to be bound by the legal Agreement. By doing so, You acknowledge that Your electronic submissions of information constitute Your understanding of and intent to be bound by this Agreement, and You hereby waive Your rights under any statutes, regulations, rules, laws, or ordinances in any jurisdiction that may require an original signature or delivery of non-electronic records.
If You do not agree to receive required information and disclosures electronically, or do not agree to use electronic signatures in connection with Your transactions with us, You should not agree to the terms of this Agreement. If You do not consent to receiving the required information and disclosures electronically, or do not consent to the use of electronic signatures in connection with Your transactions with us, we will not be able to proceed with the acceptance and processing of Your transaction.
Privacy Policy
Your use of the Site, and all comments, feedback, information or materials that You submit through or in association with the Site, are subject to our Privacy Policy. We reserve the right to use all information regarding Your use of the Site, and any and all other personally identifiable information provided by You, in accordance with the terms of our Privacy Policy. To view our Privacy Policy, click here.
Disclaimer of Warranties
The Site, and/or any services that You may obtain through the Site are provided to You on an “as is” and “as available” basis and all warranties, express and implied, are disclaimed to the fullest extent permissible pursuant to applicable law (including, but not limited to, the disclaimer of any warranties of merchantability, non-infringement of intellectual property and/or fitness for a particular purpose). In particular, but not as a limitation thereof, StartDigitalSpace makes no warranty that: (a) the Site, and/or any services that You may obtain through the Site will meet Your requirements; (b) the Site, and/or any services that You may obtain through the Site will be uninterrupted, timely, secure or error-free;; or (c) the results that may be obtained from the use of the Site will be accurate or reliable. While the StartDigitalSpace uses reasonable efforts to maintain the accuracy and security of the Site, the Site may contain bugs, errors, inaccuracies, unauthorized alterations, problems or other limitations. We will not be liable for such inaccuracies, unauthorized alterations, bugs, errors, problems, limitations, or the availability of the underlying internet connection associated with the Site and/or StartDigitalSpace. No advice or information, whether oral or written, obtained by You from StartDigitalSpace or otherwise through or from the Site, shall create any warranty not expressly stated in the Agreement.
Representations and Warranties
You represent and warrant that You:
Have the right and authority to enter into these Terms;
Have the right and authority to provide us with the information and that such information does not infringe the rights of others or violate applicable law;
Have the right and authority to provide us with access to Your email, browser, professional networking, customer relationship management, or social media platforms; and
Comply with applicable law.
Indemnification
You agree to defend, indemnify and hold harmless StartDigitalSpace and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site, including any data or content transmitted or received by you; (ii) your violation of any term of these Site Terms and Conditions, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) Data or any other content that is submitted by You, including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of the Site with your unique username, password or other appropriate security code.
Limitation of Liability
STARTDIGITALSPACE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, CONDITIONS AND OTHER TERMS INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES, CONDITIONS AND OTHER TERMS OF MERCHANTABILITY, NON-INFRINGEMENT, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE WEBSITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN: (i) THE WEBSITE IS PROVIDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND BY STARTDIGITALSPACE; (ii) WITHOUT LIMITATION, STARTDIGITALSPACE DOES NOT MAKE ANY WARRANTY OF ACCURACY, COMPLETENESS, TIMELINESS, UPTIME, OR UNINTERRUPTABILITY, OF THE WEBSITE; AND (iii) STARTDIGITALSPACE IS NOT RESPONSIBLE FOR RESULTS OBTAINED FROM THE USE OF THE WEBSITE OR FOR CONCLUSIONS DRAWN FROM SUCH USE. STARTDIGITALSPACE HAS NO RESPONSIBILITY FOR LOSS OF DATA OR USE OF WEBSITE FOR ANY REASON DUE TO THE ACTS OR OMISSIONS OF ITS THIRD-PARTY HOSTING OR OTHER PROVIDERS.
TO THE EXTENT PERMITTED BY LAW, NEITHER STARTDIGITALSPACE, NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE. THE FOREGOING SHALL APPLY EVEN IF STARTDIGITALSPACE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE WEBSITE OR THESE WEBSITE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE WEBSITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST STARTDIGITALSPACE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE WEBSITE. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF STARTDIGITALSPACE SHALL NOT EXCEED THE FEES THAT YOU HAVE ACTUALLY PAID TO STARTDIGITALSPACE FOR THE FOR THE RELEVANT SERVICES WITHIN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR DAMAGES.
TO THE EXTENT STARTDIGITALSPACE’S LIABILITY FOR CERTAIN TYPES OF LOSS OR DAMAGE CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, NOTHING IN THESE WEBSITE TERMS OF SERVICE EXCLUDES OR LIMITS STARTDIGITALSPACE’S LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY STARTDIGITALSPACE’S NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (III) ANY OTHER LOSS OR DAMAGE IN RESPECT OF WHICH SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY LAW.
Compliance with Laws
You expressly agree to comply with applicable laws as those laws relate to the Site and these Terms, including without limitation, the Content and Materials found herein. You are solely responsible for compliance with the applicable laws of Your specific jurisdiction regarding Your use of the Site and these Terms, including without limitation, the Content and Materials found herein.
You are responsible for confirming the accuracy of the information You provide for each payment You submit, including, without limitation, credit or debit card numbers, routing numbers, bank account numbers, email addresses, telephone numbers, and the amount of the payment.
When You use Your bank account to make a payment, You are requesting an electronic transfer from Your bank account. When You use Your credit or debit card to make a payment, You are requesting a payment through the appropriate payment card network. We will make electronic transfers using the Automated Clearing House network or credit or debit card network for these transactions from Your bank account for all fees payable during Your subscription term or any other amount You owe. Once You have provided us Your authorization, You may only cancel the electronic transfer or credit or debit card transaction using the directions provided to You during the authorization process. You authorize us to use a third party to process Your payment, and consent to the disclosure of Your payment information to any necessary third parties for payments, collections, audits, or related purposes.
You understand that StartDigitalSpace is not a consumer reporting agency as defined by the Fair Credit Reporting Act. You shall not use StartDigitalSpace data for any purposes relating to consumer reports enumerated in the FCRA. You shall not use any part of StartDigitalSpace data for the purposes of serving as a factor in (a) establishing an individual’s eligibility for personal credit or insurance or assessing risks associated with existing credit obligations, (b) evaluating an individual for employment purposes, (c) determining an individual’s eligibility for a license or other benefit that depends on an applicant’s financial responsibility or status, or (d) for any purposes under the FCRA. You shall not use any StartDigitalSpace data in the preparation of a consumer report or in such a manner that may cause such data to be characterized as a consumer report. You shall not take any adverse action based on StartDigitalSpace data against any consumer. The terms consumer reporting agency, consumer report, and adverse action have the meanings given to them under the FCRA.
Waiver of Jury Trial and Arbitration
YOU AGREE THAT BY ENTERING INTO THESE SITE TERMS OF USE, YOU AND STARTDIGITALSPACE ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Any and all disputes between you and StartDigitalSpace arising under or related in any way to these Terms must be resolved through binding arbitration. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association, and any hearings must take place in Los Angeles, California. In the event these Terms to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated shall be exclusively brought in the state or federal courts located in Los Angeles, California.
Notice
We may send You notices, statements, or any other type of communication by regular mail or email, by posting it on our Site, or by any other reasonable methods.
You may provide notice to StartDigitalSpace at:
Digital Lion, LLC.
200 W Glenoaks Blvd #106
Glendale, CA 91202
You may ask questions or contact us by phone at (737) 255-2653 or by email at contact@startdigitalspace.com
StartDigitalSpace may provide notice to You using the contact information You provided to us when You subscribed to our services.
Termination
StartDigitalSpace may, in its discretion, modify, terminate, or suspend Your access to all or part of the Site or other services offered through the Site, temporarily or permanently, for any reason, with or without notice to You. However, if StartDigitalSpace terminates for a reason other than Your misconduct or breach of these Terms, and You have prepaid for services, StartDigitalSpace may provide You a pro rata credit for any pre-paid amounts. Suspending, terminating, or disabling Your account may affect Your access to services, materials, the Site, or other items on the Site. Upon termination of these Terms for any reason, Your license to use the Site will terminate and You shall immediately cease use.
Other Terms
Choice of Law and Venue
These Terms are governed by the internal substantive laws of the State of California without respect to its conflict of laws provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts in California. This choice of law and venue provision do not apply to the arbitration provision or any arbitrable disputes described above. Instead, the Federal Arbitration Act applies to such disputes.
Severability
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
No Waiver
Failure by us to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
Entire Agreement
Except as expressly agreed to in writing by us, these Terms constitute the entire agreement between the parties with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.
Headings
The section headings are provided merely for convenience and must not be given any legal import. References to StartDigitalSpace includes references to its affiliates, subsidiaries, officers, directors, employees, agents, suppliers, and licensors.
Assignment
These Terms will inure to the benefit of our successors, assigns, licensees, and sublicensees. We may assign our rights or obligations without Your consent. You may not assign or transfer any rights or obligations under these Terms (or Your account) to anyone without our consent, and any assignment or transfer in violation of this section is void.
No Third-Party Beneficiary
These Terms do not create any third-party beneficiary rights to any person who is not a party.
Public Information
Except as otherwise stated in our Privacy Policy, any information You submit to us or the Site might be publicly accessible. You are responsible for maintaining the privacy or confidentiality of Your information. Important and private information should be protected by You. We are not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that You may use.
Logos
Unless You request otherwise in writing in advance, You hereby authorize us to use Your company’s logo, name, or trademark on our website or in marketing.
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