General Conditions of Provision of Services

  • - Digital Empire FZCO maintains the https://digitalempire.click/ Website.

  • - United Arab of Emirates is our country of domicile” and stipulate that the governing law is the local law. All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in U.A.E.

  • - Visa or MasterCard debit and credit cards in USD & EUR will be accepted for payment.

  • - We will not trade with or provide any services to OFAC (Office of Foreign Assets Control) and sanctioned countries in accordance with the law of UAE.

  • - Customer using the website who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website.

  • - Cardholder must retain a copy of transaction records and Merchant policies and rules.

  • - User is responsible for maintaining the confidentiality of his account.

  • 1. INTRODUCTION

    Our services provide users with the ability to create an engaging online presence that truly functional, manage and promote their activities, content and ideas and derive real enjoy doing this-without being a genius programmer or a design whiz. As detailed below, we offer our users numerous tools and features to create, publish and exploit stunning sites, e-commerce platforms, newsletters, galleries, media players, mobile applications and other online or mobile applications, tools and services. Websites and online or mobile platforms created by Users are collectively referred to herein as “ User Platforms ».

  • 2. Content and ownership

    Since between Digital Empire and you, you own all intellectual property relating to your User Content and any other material created by you, including any design, image, animation, video, file audio, font, logo, illustration, composition, work, code, interface, text and literary work, Digital Empire does not claim any ownership rights over your content. For the sole purpose of providing you with the service, You know and accept that we will need to access, post and/or copy your User Content on our platform, including cloud and CDN services, to make display adjustments, to duplicate for backup and carry out any other activity and/or technological use to operate our services, as we deem appropriate.

    All right, title and interest in and to the Digital Empire Services, including any copyrightable material or other content which is or may be subject to intellectual property rights under applicable laws including: work, graphic, image, website template and widget, literary work, source and object code, computer code (including HTML), application, audio, music, video and other media, drawing, animation, interface, documentation, derivatives and versions of this, appearance of Digital Services Technology, method, product, algorithm, data, function and interactive object, advertising and acquisition tool and method, invention, trade secret, logo, domain, custom URL, trademark, brand service name, trade name and other industrial property identifiers, whether registered or not and/or registrable (collectively, the “Intellectual Property”), and any derivative works from the foregoing, are the property of Digital Empire and/or inherent in a license granted to Digital Empire.

    Subject to your complete compliance with the Digital Empire Conditions and timely payment of all applicable Fees, Digital Empire grants you, upon creation of your User Account and for as long as Digital Empire wishes to provide you with the Digital Empire Services, a non-exclusive, non-transferable, non-divisible, fully revocable, limited license to use the Digital Empire Services and the Licensed Content for the purpose of generating and displaying your User Platform to End Users and offering your User Products (as defined below) contained therein, only as expressly authorized by the Digital Empire Terms and only through the Digital Empire Services.

    The Digital Empire Terms do not carry any right or interest in or relating to the Intellectual Property of Digital Empire (or any part thereof), except for the limited license expressly granted herein. -above. Nothing in the Digital Empire Conditions constitutes an assignment or waiver of the Intellectual Property rights of Digital Empire under any law. In addition to the above, certain character fonts made available to you as part of the Digital Empire Services are provided under license from a third party to Digital Empire, and are in fact subject to additional license conditions, which are summarized and available for your viewing at https://www.digitalempire.click.

    #Quite simply We own all rights to our services, content, data, technologies and features.

    You may use our Services and Content so long as you fully comply with these Terms and make timely and full payments of any amounts due.

    Some fonts made available to you are provided under license from a third party, be sure to also read their terms.

    Commentaires et suggestions If you provide us with suggestions or comments regarding the Digital Empire Services (whether existing, suggested or contemplated) which present or may be the subject of Intellectual Property Rights (“Feedback”), such Feedback will be the exclusive property of Digital Technology. By providing this Feedback to Digital Empire, you acknowledge and agree that it may be used by Digital Empire to: (I) develop, personalize and improve the Digital Empire Services in the future, (ii) provide technical help and support on an ongoing basis, (iii) contact you through general or personalized notifications relating to Digital Empire and/or interview requests based on your feedback or otherwise, (iv), facilitate, sponsor and offer certain promotions, and monitor performance, (v) create statistics by aggregating data and other aggregated and/or inferred information, which may be used by Digital Empire to provide and improve its services, (vi) improve data security and ways to prevent data fraud, implemented by Digital Empire, and (vii) comply with all applicable laws and regulations. In addition (1) you represent and warrant that such Feedback is accurate and complete and does not infringe the rights of any third party; (2) irrevocably assign to Digital Empire any right, title and interest you may have in such Comments, and (3) expressly and irrevocably waive any claim to any moral rights, copyrights or any other similar rights , past or present, throughout the world, in or relating to this Commentary.

  • 3. Your obligations

    3.1. You represent and warrant that :

    1. you are at least thirteen (13) years old, or sixteen (16) years old if you reside in the European Union (EU), or the legal age of majority in your country and legally possess authority, the right and freedom to accept the Digital Empire Terms and to sign an agreement between yourself, or a person or entity you represent, with the Digital Empire Terms;
    2. you are not a resident of (or will not use the Digital Empire Services in) a country embargoed by the U.S. government from use of the Digital Empire Services, and your name is not listed in "U.S. Treasury Department's list of Specially Designated Nationals", or are subject to any other applicable trade sanctions regulations;
    3. your country of residence and/or the country of registration of your company is the same as the country indicated in the contact details and/or billing address you provide to us;
    4. you understand that Digital Empire does not provide legal advice or recommendation regarding the laws or requirements applicable to your use or your End Users, or your compliance therewith;

    And more specifically regarding your User Content :

    5. You confirm that you have all rights in and to any content posted or provided by you, or imported, copied or posted by the Digital Empire Services for you, on your User Platform (“User Content”) , including any design, image, animation, video, audio file, font, logo, code, illustration, composition, work, interface, username, information provided by you for the purpose of creating a sub- domain, text, literary work and any other material (“Content”), or otherwise have (and will continue to have) full power, title, license, consent and authority over the User Content as necessary for lawful access, importation, copying, use, publication, transfer or licensing of such User Content, by you and us or any of our affiliates;
    6. you have (and will maintain) full power, title, license, consent and authority to authorize access from any site, web page and/or other online service to the Digital Empire Services in order to import, copy, display, upload, transmit and/or otherwise use your User Content.
    7. the User Content is (and will continue to be) true, current, accurate, does not infringe any third party rights, and is in no way unlawful for you to upload, import, copy, possess, post, transmit , display, or otherwise use, in the country where you, your visitors and users of the User Platform (“End Users”) reside or for Digital Empire or End Users to access, import, copy, upload it , use or proceed in connection with the Digital Empire Services;
    8. you have obtained all consents and authorizations required under any applicable legislation with respect to the display, transmission and publication of any personal information and/or any information involving image rights or likenesses with any person, entity or property forming part of the User Content, and you agree to comply with the relevant legislation.

    #Quite simply We own all rights to our services, content, data, technologies and features.

    You may use our Services and Content so long as you fully comply with these Terms and make timely and full payments of any amounts due.

    Some fonts made available to you are provided under license from a third party, be sure to also read their terms.

    If you provide us with suggestions or comments regarding the Digital Empire Services (whether existing, suggested or contemplated) which present or may be the subject of Intellectual Property Rights (“Feedback”), such Feedback will be the exclusive property of Digital Empire. By providing this Feedback to Digital Empire, you acknowledge and agree that it may be used by Digital Empire to: (I) develop, personalize and improve the Digital Empire Services in the future, (ii) provide technical help and support on an ongoing basis, (iii) contact you through general or personalized notifications relating to Digital Empire and/or interview requests based on your feedback or otherwise, (iv), facilitate, sponsor and offer certain promotions, and monitor performance, (v) create statistics by aggregating data and other aggregated and/or inferred information, which may be used by Digital Empire to provide and improve its services, (vi) improve data security and ways to prevent data fraud, implemented by Digital Empire, and (vii) comply with all applicable laws and regulations. In addition (1) you represent and warrant that such Feedback is accurate and complete and does not infringe the rights of any third party; (2) irrevocably assign to Digital Empire any right, title and interest you may have in such Comments, and (3) expressly and irrevocably waive any claim to any moral rights, copyrights or any other similar rights , past or present, throughout the world, in or relating to this Commentary. 3.2. You undertake and agree to :

    1. fully comply with any applicable legislation and all other contractual terms that govern your use of the Digital Empire Services (as well as any related interactions or transactions), including legislation that specifically applies to you or your End Users in each of your geographical locations;
    2. be solely responsible for the uses of the Digital Empire Services occurring via your User Account and/or your User Platforms, and for all your User Content (including concerning the consequences of access, importing, uploading, copying, using or publishing such User Content in or in connection with the Digital Empire Services) ;
    3. regularly and independently record and back up your User Content and the information you process as part of your User Platform, including, with respect to End Users, User Products and any applications and/or any Third Party Services you use;
    4. receive messages and promotional content at any time from Digital Empire or its partners, by post, by e-mail or via any contact details you provide to us (including your telephone number for calls or text messages). If you no longer wish to receive such messages and promotional content, you can contact us at any time;
    5. allow Digital Empire to use perpetually, worldwide and free of charge, a version of your User Platform (or any part thereof) for the purposes of promotional or marketing activities of Digital Empire, online and/or offline, and to modify it within reasonable limits with regard to the intended purposes, and waive any claim against Digital Empire or any person acting on its behalf concerning moral rights, copyright or any other rights, past, present or future, worldwide, that you may have in or in connection with your User Platform, with respect to such uses being of an authorized and limited nature ;
    6. consider as being at the sole discretion of Digital Empire the means, manner, and method of providing the Digital Empire Services, including those concerning the hosting, transmission, publication and/or display of any platform and/or or User Content (including the inclusion and presentation of any advertising or other promotional content therein).
    7. Digital Empire has the right to offer the Digital Empire Services under separate price offers and to impose different restrictions such as relating to the online posting, storage, downloading and use of the Digital Empire Services in each price offer, including including but not limited to, restrictions on network traffic and bandwidth, size and/or length of Content, quality and/or format of Content, sources of Content, amount of download time, number of subscribers to your Content, etc.

    3.3. You undertake and agree not to :

    1. copy, modify, reuse, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble the Digital Empire Site, the Digital Empire Services (or any part thereof). ci), any content offered by Digital Empire or Third Party Services for use and display in the User Platforms (“Licensed Content”) and/or any part thereof, or display, perform, transmit or publicly distribute the foregoing without the specific prior written permission of Digital Empire and/or without being expressly permitted under the Digital Empire Terms;
    2. send, transmit or display any User Content, or use any Licensed Content in any context that may be considered defamatory, libelous, obscene, harassing, threatening, inflammatory, abusive, racist, libelous, misleading or fraudulent, inciting commit an unlawful or harmful act, or which infringes the rights of Digital Empire or a third party (including intellectual property rights, privacy rights and contractual or fiduciary rights), or which presents any person, entity or brand in a critical or derogatory manner without having obtained express prior authorization;
    3. act in any unlawful manner to collect login data and/or passwords for other websites, third parties, software or services;
    4. phish, harvest, upload or otherwise make available credit card information or other forms of financial data used to collect payments, unless done in compliance with applicable laws, including PCI DSS if applicable;
    5. upload, collect or otherwise make available through the Digital Empire Website or the Digital Empire Services (or any part thereof), (i) any Content that is malicious, illegal, defamatory or obscene ; and/or (ii) any “Protected Health Information” as defined by the Health Insurance Portability and Accountability Act (“HIPAA”).
    6. publish and/or use Digital Empire Services or Licensed Content on any website, media, network or system other than those provided by Digital Empire, and/or create a frame, deep links link, page scrape, mirror and/or create a browser or border environment based on the Digital Empire Services, the Licensed Content and/or a User Platform (or any part of these), except with the express prior written authorization of Digital Empire;
    7. use a “robot”, “spider” or other device, program, script, algorithm, automatic methodology or any similar or equivalent manual process to access, acquire, copy or monitor any part of the Digital Empire Services (or its data and/or Content), or reproduce or misappropriate the navigation structure or presentation of the Digital Empire Services in order to obtain or attempt to obtain information, documents, services or information in a manner not made available via the Digital Empire Services;
    8. act in a manner that could be perceived as damaging to the reputation of Digital Empire or that would discredit or harm Digital Empire;
    9. purchase keywords from a search engine or pay per click service (such as Google AdWords) or domain names that use trademarks, variations or a differently spelled version of the Digital Empire name or Brands of Digital Empire;
    10. impersonate any person or entity or provide false information in the Digital Empire Services and/or User Platform, whether directly or indirectly, or carry out any manipulation in order to conceal your identity or the origin of any message or transmission that you send to Digital Empire and/or End Users;
    11. falsely state or misrepresent your affiliation with any person or entity, or falsely express or imply that Digital Empire or any third party recommends you, endorses your User Platform, your business, your User Products or any representation that you do ;
    12. reverse lookup, track or aim to track any User of the Digital Empire Services, or interfere with or violate the privacy or other rights of any User, or harvest or collect personal information on visitors or users of the Digital Empire Services and/or a User Platform without their informed and express consent;
    13. deactivate, circumvent, evade or avoid any measure to prevent or restrict access to the Digital Empire Services, to a User Platform, to the account of any other User, to other systems or networks connected to the Services Digital Empire, by hacking, password mining or other illegitimate or prohibited ways;
    14. probe, scan or test the vulnerability of the Digital Empire Services or any network connected to the Digital Empire Services;
    15. upload to the Digital Empire Services and/or User Platform or otherwise use them to design, develop, distribute, transmit or execute a virus, worm, Trojan horse, time bomb, invisible pixel, spyware , malicious program or any other computer code, file or program that may be or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment or any other code or component that is actually or potentially harmful, disruptive or invasive.
    16. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Digital Empire Services or the Digital Empire systems or networks connected to the Digital Empire Services, interfere with or disrupt the operation of any Digital Empire Services, or servers or networks that host or make them available, or contravene any requirements, procedures, policies or regulations governing such servers or networks;
    17. use the Digital Empire Services and/or User Platform in connection with any form of spam, unsolicited e-mail, fraud, scam, phishing, “chain letters”, pyramid sales or similar conduct, or engage in unethical marketing or advertising;
    18. access the Digital Empire Services, User Accounts, Licensed Content and/or User Content, through any technological means (e.g. capture “scraping” and extraction “crawling”) other than our interfaces publicly highlighted.
    19. sell, license or exploit for any commercial purpose any use of or access to the Licensed Materials and/or the Digital Empire Services, except as expressly permitted by the Digital Empire Terms;
    20. remove or modify any copyright notices, watermarks, restrictions and inserts indicating the exclusive rights of any of our licensors, including the copyright mark [©], Creative Commons indicators [(cc)] or trademarks [® or ™] contained in or accompanying the Digital Empire Services and/or the Licensed Content; or
    21. violate, attempt to violate, or fail to comply with the Digital Empire Terms or any law or requirement governing your use of the Digital Empire Services.
    22. access or use the Services for the purposes of benchmarking or any other similar competitive analysis or in order to build a competitive product or service.

    You acknowledge and agree that your failure to comply with the foregoing or any misrepresentation made by you herein may result in immediate termination of your User Account and/or the Services provided – with or without further notice and without any refund of amounts paid for these Services.

  • 4. Confidentiality

    Certain parts of the Digital Empire Services (including certain third party services made available through them, as explained in more detail in Section 9 below) require or involve the sending, collection and/or use of certain information personally identifiable or identifying. In particular and in the context of access to or use of the Digital Empire Services, Digital Empire and these third-party Services may collect, use and access certain data relating to Users and End Users, including the activities or navigation carried out by Users and End Users via the Digital Empire Services and/or User Platforms. We invite you to regularly read our Privacy Policy, as well as the policies relating to each of these Third Party Services, for a description of this data collection and use practices.

  • 5. Service charge

    5.1. Paid services

    The use of certain Digital Empire services may be conditional on the payment of specific fees, the amount of which is determined by Digital Empire in its sole discretion (“Paid Service” and the “Fees”, respectively). Digital Empire will notify you of these Fees then in effect with respect to these Paid Services. If you wish to use or benefit from these Paid Services, you must pay all applicable Fees in advance.

    Digital Empire reserves the right to modify its Fees at any time, upon notice if these changes may affect your existing subscriptions. If you have benefited from a reduction or other promotional offer, Digital Empire will have the right to automatically renew your subscription to these Digital Empire Services without notice, the Fees then corresponding to the full applicable price.

    All prices will be deemed to be in U.S. dollars unless expressly stated otherwise by Digital Empire in writing. To the extent permitted by law (and unless otherwise specified by Digital Empire in writing), all Fees are exclusive of taxes (including VAT, sales tax, goods and services tax). , etc.), customs or other fees imposed by tax authorities (“Taxes”), and you will be responsible for paying all applicable Taxes in connection with your use of the Digital Empire Services, or for payments or purchases carried out by you. If Digital Empire is required to collect or pay Taxes in connection with the Fees payable by you, and notwithstanding the fact that such Taxes have been added to or collected from you for previous transactions, such Taxes may be added to the payment of Fees not yet paid and will appear on the Invoice for the transaction in question. We recommend that you check the existence of additional fees that may be billed to you by a Third Party in connection with the purchase of paid Services, or the renewal thereof (international transaction fees, exchange fees, or bank or bank commissions). credit card). Digital Empire is not responsible for any of these fees or additional costs.

    As part of registering or submitting information to benefit from Paid Services, you also authorize Digital Empire (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment and service fees (or charge, refund or take any other billing action) to our payment provider or to your designated bank account, and to make any inquiries that Digital Empire or its subsidiaries deem necessary to validate your payment account designated or financial details to ensure payment is made in a timely manner, including to receive updated payment details from your payment account provider, credit card or bank (for example, a due date expiration or an updated card number as may be provided to us by your credit card company).

    You must save a credit card on Digital Empire in order to pay for your Paid Services (“Saved Card”). You will be able to identify your saved Card using its last four numbers as on your Account Settings Page.

    5.. Payment Confirmation

    Once the payment is made, a confirmation page will be shown to the client indicating clearly that the payment has been done successfully, the paid amount, and the transaction ID. After that, the client will receive a confirmation notice on his email adress, (indicated previously in the payment form) instantly.

    5.3. Invoices

    Digital Empire and/or its affiliates will issue an invoice or credit for any payment of Fees or reimbursement made to or by Digital Empire (“Invoice”). Each Invoice will be issued in electronic form and according to the country indicated in your billing address. It will be made available to you via your User Account and/or by email. For the purpose of issuing the Invoice, you may be required to provide certain Personal Information (as that term is defined in the Privacy Policy) to comply with local law. Please note that the Invoice presented in your User Account may not meet the requirements of local legislation, and should therefore be used for consultation purposes only.

    5.4. Money Back Guarantee

    If you are not satisfied with any of the Digital Empire Services subject to Fees as to the period of use or a registration commitment, as part of the initial purchase of this service, you have the option of notify the cancellation, without particular reason, within fourteen (14) days following the first order, or activation of this Digital Empire service (the “Refund” and the “Refund Period”). The Refund only applies to the initial purchase of Digital Empire Services as part of an upgrade of a free site, by means of the purchase of a Premium Offer (as offered on the Site Digital Empire). The Refund does not apply to any additional purchase, upgrade, modification or renewal of Digital Empire Services. If you reside in a jurisdiction where the law establishes a Longer Repayment Period, we will of course be happy to comply with this requirement by adapting to all applicable laws. If Digital Empire receives this notification during the Refund Period, Digital Empire will refund you the amount you actually paid for these Digital Empire Services in the currency originally invoiced, and therefore cancel them. Digital Empire invoices these Digital Empire Services in the currency used for the original billing, cancellation works on the same principle. Please note that the Refund amount may be different from the amount you were charged due to fluctuating exchange rates or third party charges. Digital Empire is in no way responsible for any differences inherent to changes in currency exchange rates, or for fees that third parties may charge you. After the Refund Period, the Fees paid by you will be non-refundable and non-cancellable. Furthermore, if we find that the cancellation notification was made in bad faith or as part of an illegitimate attempt to avoid payment for services actually received and provided, we will reserve the right to issue an invoice despite all to the User who provided this notification for Digital Empire Services actually received, to the extent permitted by law.

    Please note: Certain services purchased on or through the Digital Empire Services may be non-refundable. These include Third Party Services such as professional domains, tools and applications. The conditions of each service or application purchased are indicated on the Digital Empire Site and/or as part of or during the process of purchasing these services or applications. It is your obligation to verify your ability to cancel a service before purchasing it. Digital Empire will not refund amounts paid for paid Services, applications or non-refundable third-party Services.

    5.5. Chargeback

    If, at any time, we notice a refusal, chargeback, or other objection to payment of Fees on your Digital Empire Account (“Chargeback”), this will be considered a violation of your payment obligations hereunder. , and your use of the Digital Empire Services may be automatically suspended or terminated.

    In the event of a Chargeback, your User Account may be blocked without the option of redemption or reuse, and all data contained in this User Account, including domains, applications and third-party Services may be canceled and be subject to a Loss of Capacity (as defined in Article 6.3 below).

    Your use of the Digital Empire Services will not resume until you have re-subscribed to such Digital Empire Services, and paid the applicable Fees in full, including fees and expenses incurred by Digital Empire and/or Third Party Services for each Chargeback (including Fees for Digital Empire Services provided before the Chargeback, processing fees and those incurred by the payment service).

    If you have any questions or concerns regarding a payment made to Digital Empire, we recommend that you first contact our Customer Service before requesting a Chargeback or chargeback to avoid cancellation of the Digital Empire Services or a blocking of your User Account, and avoid an unjustified or erroneous Chargeback request, which may expose you to the applicable Fees, in addition to having to pay again all Fees applicable to the Digital Empire Services purchased (and having been the subject of a chargeback).

    We reserve the right to dispute any Chargeback received, including by providing the applicable credit card company or financial institution with any information and documentation evidencing that the User responsible for the Chargeback actually authorized the Chargeback. transaction and used the services provided subsequently.

  • 6. Cancelation

    6.1. Cancellation by the User

    You may stop using and request to cancel your User Account and/or the Digital Empire Services at any time, in accordance with the instructions available in the Digital Empire Services. The effective date and time for such cancellation is that on which you have completed the cancellation process on the Digital Empire Services, and the effective date of termination of the Paid Services will be that of the end of the subscription period which relates to it.

    Notwithstanding anything to the contrary in the foregoing, Paid Service Renewal subscriptions will be canceled only upon the expiration of the period for which you have already made payment. Please note that the cancellation process may take a few days, the cancellation request must be made at least fourteen (14) days before the expiration of the then current service period in order to avoid the next automatic renewal and resulting costs.

    6.2. Cancellation by Digital Empire

    Failure to comply with any of the Digital Empire Terms and/or pay any Fees due will entitle Digital Empire to suspend (until full payment) or cancel your User Account and User Platform (or certain functions thereof), as well as the provision of related Digital Empire Services (for example, paid Services) or third-party Services.

    6.3. Loss of Data, Content and Capacity

    If your User Account, Digital Empire Services or third party Services linked to your User Account are canceled (whether at your request or at the discretion of Digital Empire), this may result in the loss of certain content, functionality or capabilities of your User Account, including User Content, End User data or other usage data maintained therein, including a domain name reservation or registration that has been included in these Services (“Loss of Capacity”). Digital Empire declines all responsibility in the event of such Loss of capacity, or with regard to recording a backup copy of data from your User Account, your User Content or the End User. Please also note that additional Fees may apply to a reactivation of a User Account and/or any Digital Empire service following their cancellation, as determined by Digital Empire in its sole discretion.

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