[ 1. Service Agreement ]
This Service Agreement is applicable to purchasers of products or services from this site or from any other site owner or operated by DigiLabs Inc.,
By accessing the Site, ordering any product, or service, including web galleries or by downloading our software, you agree to be bound by the terms of this Agreement and any other agreements posted on the Site or included in the downloadable software. If you do not agree, do not access or use the Site or the software. Please check these Terms regularly for changes. Your continued use of the site following the posting of changes will mean you accept these changes. 1. Ownership of the site and its content. The Site is owned and operated by DigiLabs Inc. All type of content on this site, images, text, video or other is owned by DigiLabs or licensed by it. And as so is protected by copyright laws and/or other intellectual property rights. Thus no portion or element of this content may be copied or retransmitted unless explicitly permitted.
2. Services. Subject to these terms and conditions we will fulfill your online orders and request for services in accordance with our procedures and conditions as advertised, and at the prices as set forth on the Site. All prices are stated in U.S. dollars and can be altered by us from time to time. Prices do not include VAT or other duties or taxes which may be added the country to which orders are sent to. Shipping fee will be added to all orders during the checkout / order process.
3. No Releases. We do not grants you any rights, nor make any warranties with regard to the use of names, trademarks, logos, registered, unregistered or copyrighted designs on the site or within the software.
4. Availability of Site. DigiLabs maintains the right to make the site unavailable as it finds fit including but not limited for maintenance reasons, security reasons or any act initiated by a third party
5. Disclaimer of Warranty and Limitation of Liability. THE SITE AND SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. WE DO NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE SITE OR THE SERVERS THAT SUPPORT IT WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT RELATED OR PRODUCTS ON THE SITE.

YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY CONTENT OR IMAGE TO OUR SITE OR WEB SERVICES, OR DOWNLOAD OF OUR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT. IN THE EVENT OF ANY LOSS OF, OR DAMAGE TO, YOUR CONTENT OR IMAGES WE SHALL BE LIABLE ONLY TO THE EXTENT NOT TO EXCEED THE AMOUNT PAID FOR SUCH IMPACTED ORDER.

EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE OR ANY PARTS OF OUR SERVICE, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE AND WEB GALLERIES; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE SERVICE, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR
(V) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICE OR PRODUCTS OFFERED ON THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, DIGILANS INC LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT, EXCEED THE GREATER OF THE VALUE OF THE ORDER OR $150.00.

6. Code of Acceptable Conduct. You agree not to use any of DigiLabs Inc. sites, web galleries or printing, or other, service, for or to: I. Any usage of material that is unlawful, obscene, offensive, pornographic, threatening, menacing, blasphemous, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
II. To collaborate in any way with third parties which desire or try and do any of the above
III. To infringe upon the privacy of any other user of our services or customers, or make any private content public.
IV. To infringe on anybody’s copyright, trade mark, or other intellectual property rights
V. Solicit any customer to buy product but sold by DigiLabs or specifically permitted by us.
VI. To use any account other than yours , or to falsify your or any anybody’s identity
VII. Use our services in an attempt to harm DigiLabs, its managers , shareholders or employees
VIII. Any cyber marketing or data collection including “fishing”, collecting, any personal date including usernames, screen names, email information, passwords, user information etc.
IX. Any illegal purposes or goal
7. Cancellation of Accounts. We reserves the right to cancel or discontinue your account at our discretion.
8. Indemnification. You understand and agree that you are personally responsible for your behavior in connection with the use of the Site and our service. You agree to indemnify, defend and hold harmless DigiLabs, shareholders, managers, , employees, agents, business partners, and any third-party service providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of any infringement of the terms of this contract and/or use or misuse of our services, by you or any other person who accesses our service using your account, by your permission intent or negligence.
9. Entire Agreement. This Agreement constitutes the entire agreement between the parties relating to this subject matter and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter. This Agreement may only be changed by mutual agreement of authorized representatives of the parties in writing.
10. Severability. Should any provisions of this Agreement be held by a court of law to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.
11. Governing Law. This Agreement shall all be governed and construed in accordance with the laws of the State of California. Our failure to enforce this Agreement or parts of thereof shall not constitute a waiver of any provision or right.
12. Privacy: All of the information that we collect from you, is subject to our privacy policy. Please check out our full privacy policy statement.
13. For details of each program and service please review the section “service details and terms“ and the relevant specific web pages, as they may change from time to time
[ 2. Service Details and Terms ]
DigiLabs Software is Free to Its Web and Print Customers. Download and test the software before deciding to engage with our service. You may not use the software to print locally on your home/studio/office/third party computer unless you buy a key, there are two type of keys, every commercial usage of the software or the products printed with it, requires buying the commercial version key.

Web gallery service:
Our web services programs are detailed on the related pages of this site; they can be changed from time to time at our sole discretion.

Hosting plans:
A check containing all proceeds from your account will be sent to you approximately on the first business day of each month. Proceeds will be sent by first–class mail to the address on file. The check will include any orders from that month that have cleared credit card processing minus any fees associated with your account. Orders placed within the last few business days of the month may not be included as they have not cleared credit card processing and will be sent in the following pay period DigiLabs is not responsible for lost checks due to changed addressing or misplacement. DigiLabs reserves the right to charge a reissue fee for any lost checks. The checks maybe help if:
Credit Card on file is expired.
Checks totaling less than $10.00 are held unless requested.
You owe us money from any type of transaction or order cancelled including by a third party.

Plan Charging:
DigiLabs charges any fees incurred or balance on your account on the first day of each month for the previous month's services. Fees associated with your account will first be taken from proceeds acquired through web order transactions if available at this time. The remaining balance will be charged to the credit card kept on file. DigiLabs is not responsible for overdraft or other bank fees. The credit card on file can be changed by signing into your Online Administration Page under the Account Management Tab and Update Credit Card.

Automatic Renewal:
DigiLabs web plans automatically renew based on the plan type that you have chosen. The free trial period AUTOMATICALLY transfers to a live plan at the end of the trial period. If you wish to cancel, you must do so in accordance with the cancellation policy outlined below.
Annual Fee Plans:
Renewal date is on the anniversary of your first paid year. If you do not contact us to cancel renewal the account will automatically be charged for the next year.

Monthly Fee Plans:
Monthly billing occurs on the first day of the following month. For example, charges for March will occur on April 1st.

Plan Cancellation:
To cancel your plan you must contact us at
866–344–4522 or sales@digilabspro.com. Your plan is not cancelled until you receive an e–mail confirmation from DigiLabs.

Promotions:
to qualify for all promotions offering free products; you must either select a yearly plan, or select a monthly plan with a commitment of six months.

Monthly Services Plans:
Monthly plans cancelled within the first two weeks of the month will have monthly fees waived for that month of hosting. Monthly plans canceled after the first two weeks will be charged the full monthly rate. DigiLabs does not prorate fees at this time.

Annual Renewal Plans:
Customers with annual renewals must cancel PRIOR TO the anniversary renewal date. DigiLabs does not prorate fees at this time. If you are unsure of your renewal date please contact your account representative and they can provide your account renewal date to you.
If you have questions regarding cancellation please contact your account representative. DigiLabs reserves the right to cancel your hosting plan with 30 Days’ notice (notice sent via e–mail) for any reason, including non–payment.

Searching for images:
Do you shoot sport photography events? (Like running events, triathlons, little league games etc.)? If you have answered yes to the above question and if you are planning to actively associate to the image, any identifying information taken from within the picture (like the BIB or jersey number) or the time stamp taken from the image file. In a way that will enable visitors to your web galleries can search for images using that info Please be aware that: 1. DigiLabs searching capability enables only to search by file name. 2. It is forbidden to enable searching by the parameters above (like BIB number) i.e. to make the BIB number (as an example) the file name, so users can search via that info. This is due to a patent filed. Click here for more info.

Set up a new trial account
[ 3. Privacy Policy ]
This document describes the details of the Online Privacy Policy (the “Privacy Policy”) for the Web site, www.digilabspro.com and/or any other site owner or operated by DigiLabs Inc. including its web gallery services (the “Site”). If you have objections to the Privacy Policy, you should not access or use this Site or any of our services.

If you reside in the European Union, please be aware that your consent that the personal information you have provided may be transferred and stored in countries outside of the EU, including the United States.( the “EU consent”) Using the site, providing your personal information and/or downloading any of our software is considered consent to the "EU consent".

DigiLabs will collect information from you, your customers and other visitors to web galleries. These may include: images uploaded to our web galleries, images and files uploaded as part of a print order, Personal information, Account Number, email address, physical (shipping address, Credit card and other payment information. We also keep copies of communication you may have with us. With any issues related to such information and its accuracy please email support at digilabspro.com We may use cookies on our site this includes for access to account information, monitor traffic on the site, Google analytics.
We will use information collected to communicate with you per your account, and per your orders, we will also use the information to improve site and service functionality and customer experience, or to present you with new product and content offering we have. We also may use it to maintain market research. However we will not sell or trade or exchange such information to/with third parties unless needed in order to preform our services (like shipping company, or credit card company to process the charge) , or if we believe in good faith that it is required by the law, or to prevent significant harm to a third party.

We also may disclose account information in special cases when we believe that this is necessary to identify, contact or bring legal action against someone who may be violating our terms of use, or other agreement with us, or that may cause injury to or interference with our rights or those of other customer or users third parties that could be harmed by such activity. We may disclose information when we believe in good faith that we deem necessary to maintain.

We protect the security of the data you have sent us with physical, electronic, and managerial procedures.
We use industry-standard Secure Sockets Layer (SSL) encryption on the web pages where personal information is required.

We communicate these privacy guidelines to our employee We do not knowingly solicit personal information from children Our website could contain links to other sites. We do not share your information with such sites nor are we responsible for their privacy practices Our Company‘s Privacy Policy is subject to changes at any time. So we advise you review the privacy policy regularly for any changes.