Terms of Service

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Website Terms of Service

Dyggz Marketing owns and operates this website, www.dyggz.com, (the “Site”). Dyggz Marketing makes all information, tools and services on this Site available to you, the user (“you”) conditional upon your acceptance of all terms, agreements, policies and notices stated herein and throughout the Site, all of which shall be taken as mutually explanatory and anything contained in one but not in another shall be equally binding as if contained in all. These Terms of Service are an agreement between Dyggz Marketing and you. By accessing and using the Site you acknowledge and agree to be bound by these Terms of Service and our Privacy Policy, which can be found at http://dyggz.com/privacy-policy-2/ and is incorporated by reference. If you do not agree with any of these terms, you may not use the Site. Throughout the Site, the terms “we”, “us” and “our” refer to Dyggz Marketing.

Dyggz Marketing may unilaterally amend these Terms of Service as necessary to accommodate changes in technology, features or pricing of the products and Services offered (“Amended Terms”). You hereby agree that Dyggz Marketing may notify you of such Amended Terms by posting the amendment on the Site, with the revision date noted at the bottom of this page to indicate the effective date of such Amended Terms. It is your responsibility to check this page periodically and your continued use of the Site after the revision date constitutes your agreement to be bound by the Amended Terms.

  1. Intellectual Property Rights. The design, trademarks, logos and all other intellectual property of the Site (“Marks”) are owned by or licensed to Dyggz Marketing, subject to copyright and other intellectual property rights under Canadian and applicable foreign laws. Dyggz Marketing reserves all rights not expressly granted in and to the Site. You agree to not engage in the use, copying, or distribution of any of the Site content.
  1. Prohibited User Conduct. You may not engage in any of the following prohibited activities:
    • copying or distributing any part of the Site by any method;
    • using any automated system of any kind to access the Site;
    • attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site;
    • uploading viruses, worms, or otherwise interfering with the proper working of the Site in any way;
    • collecting any personally identifiable information from the Site;
    • misrepresenting your affiliation with a person or entity, conducting fraud, or attempting to hide your identity;
    • accessing any content on the Site through any technology or means other than those provided or authorized by the Site; or
    • bypassing measures we use to restrict access to the Site.
  1. Suspected Breach of User Conduct. If Dyggz Marketing has reason to believe that you have failed engaged in the prohibited user conduct specified above in clause 2 above, then after investigation of the matter Dyggz Marketing may take any or all of the following actions below without providing you with any eligibility for a refund of any fees you may have paid for Services prior to such action:
    • issue a warning to you;
    • block or otherwise restrict your access to the Site; and
    • suspend or terminate your Services.
  1. Account Information. You agree to provide Dyggz Marketing with accurate contact and payment information as prompted by the applicable registration form, including updating such information from time to time as may be necessary. You also will choose a password and a user name. If Dyggz Marketing is unable to contact you or process your method of payment for the Services, we will have no choice but to suspend or terminate the Services.
  2. Responsibility and Liability for Your Account. You are solely responsible for maintaining the confidentiality of your account, password and all activities that occur under your account. You agree to notify Dyggz Marketing immediately of any unauthorized use of your account. Dyggz Marketing will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for losses incurred by Dyggz Marketing due to someone else using your account. Dyggz Marketing cannot guarantee that unauthorized third parties will never be able to defeat the Site’s security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk.
  3. You agree that you will pay all fees and applicable taxes incurred by your account. Fees will be automatically billed to your payment method on file at the greater of: (a) the fee indicated in the Proposal; or (b) Dyggz Marketing’s then current rates for the Services in effect for the billing period. Any additional services requested by you will be charged at Dyggz Marketing’s then current hourly rate.
  4. Late Fees. If your payment information is not up-to-date and you fail to pay your invoice before the due date, please note that Dyggz Marketing adds a late payment charge of twenty four percent per annum (24%) or the maximum allowable interest rate allowable at law, whichever is greater, to all outstanding amounts that are not paid within thirty (30) days from the due date specified in Dyggz Marketing’s invoice. In the event that your account with becomes delinquent, Dyggz Marketing may, at its option, cease any remaining performance obligations under this Agreement or any related agreement for with you until you have made payment. You will be liable for all legal and other expenses associated with collecting any overdue fees.
  5. Content Ownership and License. You retain all ownership rights to the content you upload to the Site. By submitting your content to Site, you grant Dyggz Marketing a worldwide, non-exclusive, royalty-free and transferable license to use, reproduce, distribute and prepare derivative works of the content in connection with the Site and Dyggz Marketing’s business.
  6. Third Party Links. The Site contains links to third party websites. You acknowledge and agree that Dyggz Marketing is not responsible or liable for the availability, content, products, or services of such websites. Links to such websites or resources do not imply any endorsement by Dyggz Marketing and you assume all risk arising from your use of any such third party websites. Dyggz Marketing disclaims any liability related to your access or use of any third party content
  7. Third Party Disclosures. Dyggz Marketing respects the intellectual property rights of others and expects users of our Site and Services to do the same. Dyggz Marketing may receive requests for its customer Website information from governmental entities. In order to comply with applicable laws Dyggz Marketing may access and disclose to the appropriate governmental entity any information requested and report to those authorities any activity that we suspect violates or may violate any law.
  8. Trademarks. The Dyggz Marketing name and logo are trademarks of Dyggz Marketing, and may not be copied or used, in whole or in part without prior written permission from Dyggz Marketing.
  9. Dyggz Marketing may terminate or suspend your access to or ability to use the Site immediately, without prior notice or liability, for any reason. Notwithstanding the foregoing, if you fail to pay any amount owing under this Agreement and such failure continues for ten (10) days, Dyggz Marketing may, in its sole option and in addition to any other remedies available, terminate this Agreement, with immediate effect, by providing you with written notice.
  10. Effect of Termination. Upon termination for any reason, Dyggz Marketing may immediately, without Notice, suspend, restrict, or terminate the Services and your access to the Site, or take any other action considered appropriate in the circumstances.
  11. Force Majeure. Except for the obligation to make payment for Services rendered, neither Party shall be liable in the event that its performance of this Agreement is prevented, or rendered so difficult or expensive as to be commercially impracticable, by reason of an Act of God, labor dispute, unavailability of transportation, goods, governmental restrictions or actions, war (declared or undeclared) or other hostilities, or by any other event, condition or cause which is not foreseeable on the Effective Date and is beyond the reasonable control of the Party. In the event that the performance of a Party is delayed for more than three (3) months, the other Party shall have the right, which shall be exercisable for so long as the cause of such delay shall continue to exist, to terminate this Agreement without liability for such termination.
  12. Relationship of the Parties. Nothing contained in this Agreement creates an employee-employer, partnership, joint venture, principal-and-agent, or any similar relationship between the parties.
  13. LIMITATION OF LIABILITY. DYGGZ MARKETING HAS NO CONTROL OVER, AND ACCEPTS NO RESPONSIBILITY FOR, THE CONTENT OF THE INFORMATION INTERNET. IN NO EVENT SHALL DYGGZ MARKETING BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LIABILITIES WHATSOEVER ARISING FROM OR RELATING TO THE SERVICES OR THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY. IN NO EVENT WILL DYGGZ MARKETING’S LIABILITY EXCEED FIFTY PERCENT (50%) OF THE FEES PAID BY YOU UNDER THIS AGREEMENT, UNLESS SUCH LIABILITY IS BASED ON FRAUDULENT ACTS OR OMISSIONS OF DYGGZ MARKETING. THIS LIMITATION APPLIES TO ALL CLAIMS OF LIABILITY AGAINST DYGGZ MARKETING, WHETHER DYGGZ MARKETING HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, AND TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW. THE RIGHTS AND REMEDIES AVAILABLE TO A PARTY UNDER THIS AGREEMENT ARE CUMULATIVE AND IN ADDITION TO, NOT EXCLUSIVE OF OR IN SUBSTITUTION FOR, ANY RIGHTS OR REMEDIES OTHERWISE AVAILABLE TO THAT PARTY.
  14. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS DYGGZ MARKETING, ITS EMPLOYEES, CONTRACTORS AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING LEGAL FEES AND COSTS) AND ALL AMOUNTS PAID IN SETTLEMENT ARISING OUT OF OR RELATING TO USE OF THE SITE, SERVICES AND PRODUCTS. DYGGZ MARKETING MAY ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH USERS HAVE AGREED TO INDEMNIFY DYGGZ MARKETING AND YOU AGREE TO ASSIST AND COOPERATE WITH DYGGZ MARKETING IN THE DEFENSE OR SETTLEMENT OF ANY SUCH MATTERS.
  15. DISCLAIMER OF WARRANTIES. DYGGZ MARKETING MAKES NO OTHER WARRANTIES BEYOND THE WARRANTIES PROVIDED IN THIS SECTION. DYGGZ MARKETING EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
  16. Class Actions. Any and all claims against Dyggz Marketing must be brought in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
  17. Legal Fees. In the event of any action to enforce rights under this Agreement, the prevailing Party shall be entitled its costs and expenses, including reasonable legal fees and expenses, incurred in connection with such action.
  18. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the parties and their permitted successors and assigns.
  19. Amendment and Assignment. This Agreement may be amended only by a written instrument signed by the Parties. The Parties may not assign this Agreement or any right or obligation of this agreement, without prior written consent of the party, except that Dyggz Marketing may assign this Agreement to an affiliate or any entity acquiring all or substantially all of the assets of Dyggz Marketing.
  20. Governing Law and Venue. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any purchases or transactions entered into pursuant to this Agreement. This Agreement shall be governed in all respects by the laws of British Columbia without regard to its conflict of law rules. Venue for any lawsuit brought by the parties to this Agreement against each other regarding or as a result of this Agreement shall be proper only in an appropriate court located within Victoria, British Columbia and the Parties hereby submit to the exclusive jurisdiction of said courts.
  21. No Waiver. A party’s failure to exercise or delay in exercising any right, power or privilege under this Agreement shall not operate as a waiver. No single or partial exercise of any right, power or privilege shall preclude any other or further exercise thereof.
  22. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, then such determination shall not impair or affect the validity, legality or enforceability of the remaining provisions of the Agreement; provided, that in any such event, the Parties shall use good faith efforts to reform this Agreement in order to give effect to the original intent of the Parties.
  23. Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the termination or expiration of this Agreement.
  24. The section headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
  25. Entire Agreement. This Agreement together with the documents referred to in this Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements, representations and understandings of the Parties, written or oral.

Revision Date: April 11, 2016