Tap Card | Douglas Digital Agency

Privacy Policy

Updated 10/01/202

 website (the "Service").

This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible from www.https://tapcard.mysiteengine.com/nss-level-up

Definitions

Service is the https://tapcard.mysiteengine.com/nss-level-up website operated by  Douglas Digital Agency

Personal DataPersonal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

Usage DataUsage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

CookiesCookies are small pieces of data stored on your device (computer or mobile device).

Data ControllerData Controller means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed.

For the purpose of this Privacy Policy, we are a Data Controller of your Personal Data.

Data Processors (or Service Providers)Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller.

We may use the services of various Service Providers in order to process your data more effectively.

Data Subject (or User)Data Subject is any living individual who is using our Service and is the subject of Personal Data.

Information Collection and Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you ("Personal Data"). Personally identifiable information may include, but is not limited to:

Email address

First name and last name

Phone number

Address, State, Province, ZIP/Postal code, City

Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Usage Data

We may also collect information how the Service is accessed and used ("Usage Data"). This Usage Data may include information such as your computer's Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

Session Cookies. We use Session Cookies to operate our Service.

Preference Cookies. We use Preference Cookies to remember your preferences and various settings.

Security Cookies. We use Security Cookies for security purposes.

Use of Data

MoLo Media uses the collected data for various purposes:

To provide and maintain our Service

To notify you about changes to our Service

To allow you to participate in interactive features of our Service when you choose to do so

To provide customer support

To gather analysis or valuable information so that we can improve our Service

To monitor the usage of our Service

To detect, prevent and address technical issues

To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), Douglas Digital Agency legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

MoLo Media may process your Personal Data because:

We need to perform a contract with you

You have given us permission to do so

The processing is in our legitimate interests and it's not overridden by your rights

For payment processing purposes

To comply with the law

Retention of Data

Douglas Digital Agency will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

Douglas Digital Agency  will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

Transfer of Data

Your information, including Personal Data, may be transferred to - and maintained on - computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside United States and choose to provide information to us, please note that we transfer the data, including Personal Data, to United States and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

MoLo Media will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure of Data

Business Transaction

If MoLo Media is involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.

Disclosure for Law Enforcement

Under certain circumstances, Douglas Digital Agency may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Legal Requirements

Douglas Digital Agency may disclose your Personal Data in the good faith belief that such action is necessary to:

To comply with a legal obligation

To protect and defend the rights or property of Douglas Digital Agency

To prevent or investigate possible wrongdoing in connection with the Service

To protect the personal safety of users of the Service or the public

To protect against legal liability

Security of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

"Do Not Track" Signals

We do not support Do Not Track ("DNT"). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked.

You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

Your Data Protection Rights Under General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. Douglas Digital Agencyaims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

The right to access, update or to delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal Data directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you.

The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.

The right to object. You have the right to object to our processing of your Personal Data.

The right of restriction. You have the right to request that we restrict the processing of your personal information.

The right to data portability. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format.

The right to withdraw consent. You also have the right to withdraw your consent at any time where MoLo Media relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

Service Providers

We may employ third party companies and individuals to facilitate our Service ("Service Providers"), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

Google AnalyticsGoogle Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/

Behavioral Remarketing

MoLo Media uses remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimize and serve ads based on your past visits to our Service.

FacebookFacebook remarketing service is provided by Facebook Inc.

You can learn more about interest-based advertising from Facebook by visiting this page: https://www.facebook.com/help/164968693837950

To opt-out from Facebook's interest-based ads follow these instructions from Facebook: https://www.facebook.com/help/568137493302217

Facebook adheres to the Self-Regulatory Principles for Online Behavioral Advertising established by the Digital Advertising Alliance. You can also opt-out from Facebook and other participating companies through the Digital Advertising Alliance in the USA http://www.aboutads.info/choices/, the Digital Advertising Alliance of Canada in Canada http://youradchoices.ca/ or the European Interactive Digital Advertising Alliance in Europe http://www.youronlinechoices.eu/, or opt-out using your mobile device settings.

For more information on the privacy practices of Facebook, please visit Facebook's Data Policy: https://www.facebook.com/privacy/explanation

Perfect AudiencePerfect Audience remarketing service is provided by NowSpots Inc.

You can opt-out of Perfect Audience remarketing by visiting these pages: Platform Opt-out (http://pixel.prfct.co/coo) and Partner Opt-out (http://ib.adnxs.com/optout).

For more information on the privacy practices of Perfect Audience, please visit the Perfect Audience Privacy Policy & Opt-out web page: https://www.perfectaudience.com/privacy/index.html

Payments

We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The payment processors we work with are:

Authorize.net Their Privacy Policy can be viewed at https://www.authorize.net/company/privacy/

Links to Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party's site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children's Privacy

Our Service does not address anyone under the age of 18 ("Children").

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes to This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the "effective date" at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us:

By email: digital@douglasdigitalagency.com

Douglas Digital Agency

All requests sent via regular mail must be labeled "Your Privacy Rights" on the envelope or email and clearly stated on the actual request. For all requests, please include your name, street address, city, state, and zip code. Please include your zip code for our own record keeping. We do not accept requests via the telephone or by facsimile. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

Terms Of Service

Updated 01/10/2023

PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ORDERING, DOUGLAS DIGITAL AGENCY  PROVIDES LIMITED RIGHT TO ACCESSING OR USING THE WEB SITE, SOFTWARE AND TRAINING REFERRED TO AS "REVIEW WIDGET GENERATOR" (HEREINAFTER THE "SOFTWARE").

Please read carefully, and note our MANDATORY ARBITRATION PROVISION and WAIVER OF CLASS ACTION PROVISION.

IMPORTANT: THESE TERMS AND CONDITIONS (THE "AGREEMENT") ARE A LEGAL AGREEMENT BETWEEN YOU (EITHER AN INDIVIDUAL OR, IF PURCHASED OR OTHERWISE ACQUIRED BY OR FOR AN ENTITY, AN ENTITY) AND MoLo Media, LLC. READ IT CAREFULLY BEFORE ACCESSING THIS WEB SITE AND USING THE SOFTWARE AND TRAINING. IT PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. BY SELECTING TO USE THE SOFTWARE, YOU ARE CONFIRMING YOUR ACCEPTANCE OF THE SOFTWARE AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, THEN DO NOT USE THIS WEB SITE OR THE SOFTWARE AND TRAINING.

1. DEFINITIONS

1.  "LICENSOR" means Douglas Digital Agency, a Bermuda limited liability company with an address Unlimited Supplies Ltd.
2. "LICENSEE" means you, either an individual or, if purchased or otherwise acquired by or for an entity, that entity.
3. Designated Equipment" shall mean the host server(s) of LICENSOR where the software application and any applicable end user data (such as end user contact info) is hosted.
4. "Documentation" shall mean all manuals, user documentation, online help, training videos, training audios, frequently asked questions, and other related materials pertaining to the Software that are furnished to LICENSEE by LICENSOR in connection with the Software.
5. License Fee" shall mean the ongoing monthly, annual or other recurring term fee that is owed to LICENSOR to continue the license.
6. "Software" shall mean the "Review Link Generator" web-hosted software and any subsequent error corrections or updates supplied to LICENSEE by LICENSOR pursuant to this Agreement.

2. LICENSE GRANT AND DELIVERY

1. LICENSOR hereby grants to LICENSEE a non-exclusive right and license to use the Software on the Designated Equipment on a periodic basis, with the license automatically being renewed each period (monthly, annually, or otherwise as specified in the original order) upon payment to LICENSOR of the applicable licensing fee. LICENSOR has the right to increase the periodic License Fee owed by LICENSEE at any time upon giving 30 days advance notice to LICENSEE before the next scheduled renewal date of the license term. If LICENSEE does not want to continue the License after receiving notice of any increased License Fee from LICENSOR, LICENSEE shall have the right to terminate this Agreement according to the Termination provision of Section 12 herein.
2. LICENSOR shall be responsible for delivering to LICENSEE sufficient details (such as a user name, password, and access URL) that will allow LICENSEE to access the Software over an Internet connection and utilize its features.

3. PRIVACY POLICY

Please read the Privacy Policy carefully to understand how COMPANY collects, uses and discloses personally identifiable information from its users. The Privacy Policy is hereby incorporated by reference as part of these Terms and Conditions.

4. MODIFICATIONS

1. Error Corrections and Updates. LICENSOR will provide LICENSEE with error corrections, bug fixes, patches or other updates to the Software licensed to the extent they become available during the time that LICENSEE has a valid and fully paid license to use the Software.
2. Other Modifications. LICENSEE may request, from time to time, that LICENSOR incorporate certain features, enhancements or modifications into the Software. LICENSOR may, in its sole discretion, undertake to incorporate such changes and distribute the Software so modified to all or any of LICENSOR's licensees.
3. Title to Modifications. All such error corrections, bug fixes, patches, updates or other modifications shall be the sole property of LICENSOR.

5. LICENSE FEES AND PAYMENT

1. License Fee. In consideration of the licenses granted herein, LICENSEE shall pay the License Fee or other consideration for the Software and Documentation as set forth herein to LICENSOR. All amounts payable hereunder by LICENSEE to LICENSOR shall be payable in United States funds without deductions for taxes, assessments, fees, or charges of any kind.
2. Taxes and Other Charges. LICENSEE shall be responsible for paying all (i) sales, use, excise, value-added, or other tax or governmental charges imposed on the licensing or use of the Software or Documentation hereunder.

6. REFUND POLICY AND CANCELLATION

1. Refunds. Due to the unique nature of the Software, there will be no refunds offered on any account levels for either monthly or annual licensing fees. If you sign up for an account with an up-front fee, there are no refunds available. If you opt to pay once a year in advance, there is no partial refund if you decide to stop using your account during the year. Once you pay for a year up-front, your account will be live for 12 months. After the 12 months, you will re-new for a whole year. Some accounts or upgrades may require an up-front payment, and there are no refunds available once the charges have occurred. 
2. Cancelling Your Account. You can cancel your account at any time simply by sending an email to support at support @ molomedia.com. Once your Software account has been cancelled, your monthly payment will be cancelled.

7. PROTECTION OF SOFTWARE

1. Proprietary Notices. LICENSEE agrees to respect and not to remove, obliterate, or cancel from view any copyright, trademark, confidentiality or other proprietary notice, mark, or legend appearing on any of the Software or output generated by the Software.
2. No Reverse Engineering. LICENSEE agrees not to modify, reverse engineer, disassemble, or decompile the Software, or any portion thereof.
3. Except as specifically set forth herein, no Software or Documentation which is provided by LICENSOR pursuant to this Agreement in human or machine readable form, such as written, printed, or digital documents, shall be copied in whole or in part by LICENSEE without LICENSOR's prior written agreement.
4. Ownership. LICENSEE further acknowledges that all copies of the Software in any form provided by LICENSOR or made by LICENSOR are the sole property of LICENSOR and/or its suppliers. LICENSEE shall not have any right, title, or interest to any such Software or output generated by the Software except as provided in this Agreement, and further shall secure and protect all Software and Documentation consistent with maintenance of LICENSOR's proprietary rights therein.
5. Miscellaneous ownership. LICENSEE shall remain the owner of LICENSEE's data that is entered into the software, such as any company details that are entered into the software by LICENSEE using the interface within the Software. Upon termination of this Agreement, LICENSEE must cease any and all use of the Software.
6. Backups of Data. LICENSEE shall be solely responsible for the backup of LICENSEE's files and/or data that is being used with the Software.

8. LIMITATIONS ON USE

LICENSEE shall be strictly prohibited from using the Software for any of the following uses:

• Engaging in or promoting activities that violate state or federal laws
• Failing to comply with any professional license or related business regulations that restrict or prohibit the manner and frequency in which you are allowed to contact people to solicit business
• Promoting violence
• Engaging or promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
• Promoting sexually explicit materials
• Infringing or otherwise violating any copyright, trademark, or other intellectual property rights of a third party
• LICENSOR reserves the right, to immediately terminate this Agreement if LICENSEE violates any of the above prohibitions. The parties can also terminate according to the provisions discussed in Section 12 herein.

9. NAME AND LOGO USAGE

LICENSOR shall have the right to use the name and logo of LICENSEE in order to show other people that LICENSEE is a customer of LICENSOR, unless LICENSEE specifically informs LICENSOR that it wants to opt-out of being listed as one of LICENSOR's clients. LICENSOR shall remove LICENSEE's name and logo within fourteen (14) business days of receiving such request.

10. CONFIDENTIALITY

1. Acknowledgement. LICENSEE hereby acknowledges and agrees that the Software and Documentation constitute and contain valuable proprietary products and trade secrets of LICENSOR and/or its suppliers, embodying substantial creative efforts and confidential information, ideas, and expressions. Accordingly, LICENSEE agrees to treat (and take precautions to ensure that its employees treat) the Software and Documentation as confidential in accordance with the confidentiality requirements and conditions set forth below.
2. Maintenance of Confidential Information. Each party agrees to keep confidential all confidential information disclosed to it by the other party in accordance herewith, and to protect the confidentiality thereof in the same manner it protects the confidentiality of similar information and data of its own (at all times exercising at least a reasonable degree of care in the protection of confidential information); provided, however, that neither party shall have any such obligation with respect to use of disclosure to others not parties to this Agreement of such confidential information as can be established to: (1) have been known publicly; (2) have been known generally in the industry before communication by the disclosing party to the recipient; (3) have become known publicly, without fault on the part of the recipient, subsequent to disclosure by the disclosing party; (4) have been known otherwise by the recipient before communication by the disclosing party; or (5) have been received by the recipient without any obligation of confidentiality from a source (other than the disclosing party) lawfully having possession of such information.
3. Injunctive Relief. LICENSEE acknowledges that the unauthorized use, transfer or disclosure of the Software and Documentation or copies thereof will: (1) substantially diminish the value to LICENSOR of the trade secrets and other proprietary interests that are the subject of this Agreement; (2) render LICENSOR's remedy at law for such unauthorized use, disclosure or transfer inadequate; and (3) cause irreparable injury in a short period of time. If LICENSEE breaches any of its obligations with respect to the use or confidentiality of the Software or Documentation, LICENSOR shall be entitled to equitable relief to protect its interests therein, including, but not limited to, preliminary and permanent injunctive relief.
4. Survival. LICENSEE's obligations under this Section will survive the termination of this Agreement or of any license granted under this Agreement for whatever reason.

11. WARRANTIES; SUPERIOR RIGHTS

1. Ownership. Except for any rights as set forth herein, LICENSOR represents its belief that it is the owner of the entire right, title, and interest in and to Software, that it has the sole right to grant licenses thereunder, and that it has not knowingly granted licenses thereunder to any other entity that would restrict rights granted hereunder except as stated herein.
2. Limited Warranty. LICENSOR represents and warrants to LICENSEE that the Software, when properly used by LICENSEE, will perform substantially as described in LICENSOR's then current Documentation for such Software during the period that LICENSEE has a valid license to use the Software (because all required licensing fees have been paid by LICENSEE to LICENSOR).
3. Limitations. Notwithstanding the warranty provisions set forth herein, all of LICENSOR's obligations with respect to such warranties shall be contingent on LICENSEE's use of the Software in accordance with this Agreement and in accordance with LICENSOR's instructions as provided by LICENSOR in the Documentation, as such instructions may be amended, supplemented, or modified by LICENSOR from time to time. LICENSOR shall have no warranty obligations with respect to any failures of the Software that are the result of accident, abuse, misapplication, misunderstanding, incomplete training, power outage, website or server maintenance, equipment failure, extreme power surge or extreme electromagnetic field.
4. LICENSEE's Sole Remedy. LICENSOR's entire liability and LICENSEE's exclusive remedy shall be, at LICENSOR's option, either: (1) return of the license fee paid for one month of service; or (2) repair or replacement of the Software, provided LICENSOR receives written notice from LICENSEE during the warranty period of a breach of warranty. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
5. Disclaimer of Warranties. LICENSOR DOES NOT REPRESENT OR WARRANT THAT ALL ERRORS IN THE SOFTWARE AND DOCUMENTATION WILL BE CORRECTED. THE WARRANTIES STATED IN THIS SECTION ARE THE SOLE AND THE EXCLUSIVE WARRANTIES OFFERED BY LICENSOR. THERE ARE NO OTHER WARRANTIES RESPECTING THE SOFTWARE AND DOCUMENTATION OR SERVICES PROVIDED HEREUNDER, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF DESIGN, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, EVEN IF LICENSOR HAS BEEN INFORMED OF SUCH PURPOSE. NO RESELLER OR AGENT OF LICENSOR IS AUTHORIZED TO ALTER OR EXCEED THE WARRANTY OBLIGATIONS OF LICENSOR AS SET FORTH HEREIN.
6. Limitation of Liability. LICENSEE ACKNOWLEDGES AND AGREES THAT THE CONSIDERATION WHICH LICENSOR IS CHARGING HEREUNDER DOES NOT INCLUDE ANY CONSIDERATION FOR ASSUMPTION BY LICENSOR OF THE RISK OF LICENSEE'S CONSEQUENTIAL OR INCIDENTAL DAMAGES WHICH MAY ARISE IN CONNECTION WITH LICENSEE'S USE OF THE SOFTWARE, DOCUMENTATION, AND ANY OUTPUT PRODUCED BY THE SOFTWARE. ACCORDINGLY, LICENSEE AGREES THAT LICENSOR SHALL NOT BE RESPONSIBLE TO LICENSEE FOR ANY LOSS-OF-PROFIT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE LICENSING OR USE OF THE SOFTWARE, DOCUMENTATION, OR OUTPUT PRODUCED BY THE SOFTWARE. Any provision herein to the contrary notwithstanding, the maximum liability of LICENSOR to any person, firm or corporation whatsoever arising out of or in the connection with any license, use or other employment of any Software delivered to LICENSEE hereunder, whether such liability arises from any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to LICENSOR by LICENSEE for the Software whose license, use, or other employment gives rise to the liability. The essential purpose of this provision is to limit the potential liability of LICENSOR arising out of this Agreement. The parties acknowledge that the limitations set forth in this Section are integral to the amount of consideration levied in connection with the license of the Software and Documentation and any services rendered hereunder and that, were LICENSOR to assume any further liability other than as set forth herein, such consideration would of necessity be set substantially higher.
7. Third Party Limitations. LICENSOR makes no representations whatsoever about any other web site that LICENSEE may access through the Software, that is referenced by the Software or Documentation, or from data that was retrieved from a third party web site about LICENSEE or another entity. When LICENSEE accesses a third party web site, LICENSEE acknowledges that it is independent from LICENSOR, and that LICENSOR has no control over the content on that web site. In addition, a link from LICENSOR's web site(s) does not mean that LICENSOR endorses or accept any responsibility for the content, or the use, of such web site.

12. TERMINATION

LICENSOR or LICENSEE may terminate this Agreement for any reason upon providing written notice at least ten (10) days for monthly (30) days for yearly before the next scheduled license renewal date (monthly, yearly, or whatever renewal term was selected on the order form). No refunds will be given for any License that is terminated early (i.e. before expiration of the current License Term). LICENSOR has the right to terminate this agreement immediately without written notice in the event of a breach of this Agreement by LICENSEE, such as if LICENSEE has not paid the required License Fee to LICENSOR when due, or if LICENSEE has violated a state or federal law with its usage of the Software.

13. POST TERMINATION RIGHTS

Upon the expiration or termination of this Agreement, unless otherwise agreed between the parties under a separate Addendum, all rights granted to LICENSEE under this Agreement shall forthwith terminate and immediately revert to LICENSOR and LICENSEE shall discontinue all use of the Software and Documentation.

14. INDEMNITY

LICENSEE agrees to defend, indemnify and hold LICENSOR, its officers, directors, agents, employees, and related companies harmless against any and all costs, expenses and losses (including reasonable attorneys' fees and costs) arising from LICENSEE's breach of this Agreement, and from LICENSEE's use of the information generated by the Software. LICENSEE's obligations under this Section will survive the expiration or termination of this Agreement.

15. FORCE MAJEURE

Neither party shall be liable for any loss or delay resulting from any force majeure event, including acts of God, fire, natural disaster, terrorism, labor stoppage, war or military hostilities, or inability of carriers to make scheduled deliveries, and any payment or delivery date shall be extended to the extent of any delay resulting from any force majeure event.

16. NOTICES

1. Any notice required to be given pursuant to this Agreement shall be in writing and mailed by certified or registered mail, return receipt requested or delivered by a national overnight express service (except for any notice from LICENSEE to LICENSOR of LICENSEE's desire to cancel future use of the Software, which can be done through whatever means LICENSOR has specified). LICENSEE's address to be used for any required notices shall be the address provided by its authorized user of the Software, unless another address and/or contact is provided for receiving such notices.
2. Either party may change the address to which notice is to be sent by written notice to the other party pursuant to the provisions of this paragraph.

17. GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Nevada. You hereby consent to binding arbitration in the State of Nevada to resolve any disputes arising under this Terms and Conditions.

18. ARBITRATION OF DISPUTES

(a) The parties agree that any dispute or claim in law or equity arising between them regarding the use of this web site or these Terms and Conditions, including any dispute regarding the enforceability or applicability of this arbitration provision, shall be decided by neutral, binding arbitration conducted in Carson City, Nevada. The arbitrator shall be a retired judge, justice, or an attorney with at least ten (10) years of legal experience relating to the subject matter of this Agreement, unless the parties mutually agree otherwise, who shall render an award in accordance with the substantive laws of Carson City, Nevada. In all other respects, the arbitration shall be conducted in accordance with the rules and procedures of the American Arbitration Association, subject to the parties being allowed limited discovery. Judgment upon the award of the arbitrator(s) may be entered in any court having jurisdiction.

NOTICE: BY USING THIS SOFTWARE AND THIS WEB SITE YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THIS "ARBITRATION OF DISPUTES" PROVISION DECIDED BY NEUTRAL ARBITRATION AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE "ARBITRATION OF DISPUTES" PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION YOU MAY BE COMPELLED TO ARBITRATE ANYHOW PURSUANT TO A COURT ORDER. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY. IF YOU DO NOT WISH TO AGREE TO ARBITRATION, THEN YOU MAY NOT USE THIS WEB SITE.

19. CLASS ACTION WAIVER

ANY LEGAL ACTION OR ARBITRATION ARISING IN CONNECTION WITH THE USE OF THE SOFTWARE, THIS WEB SITE OR THESE TERMS AND CONDITIONS MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR WE MAY JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

20. ATTORNEYS' FEES

In any dispute, action, proceeding, or arbitration regarding the use of this web site or these Terms and Conditions, including the enforcement of any arbitration provision herein, the party prevailing in such action or proceeding shall be entitled to recover, in addition to any other award of damages or other remedies, its reasonable attorneys' and experts' fees, costs and expenses (including, without limitation, expenses for expert witnesses and all reasonable attorneys' fees, costs and expenses upon appeal).

21. AGREEMENT BINDING ON SUCCESSORS

This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, administrators, successors and assigns.

22. WAIVER

No waiver by either party of any default shall be deemed as a waiver of any prior or subsequent default of the same or other provisions of this Agreement.

23. SEVERABILITY

If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from the Agreement.

24. ASSIGNABILITY

1. The license granted hereunder is personal to LICENSEE and may not be assigned by any act of LICENSEE or by operation of law unless in connection with a transfer of substantially all the assets of LICENSEE or with the consent of LICENSOR.
2. LICENSOR shall have the right to assign this Agreement to another entity as LICENSOR sees fit, such as to a third party that acquires some or all of the ownership interests of LICENSOR.

25. INTEGRATION

This Agreement constitutes the entire understanding of the parties, and revokes and supersedes all prior agreements between the parties and is intended as a final expression of their Agreement. It shall not be modified or amended except in writing signed by the parties hereto and specifically referring to this Agreement. This Agreement shall take precedence over any other documents that may be in conflict therewith.

26. Payment

1. Fees. If you choose to purchase one or more of the Services provided on the Software, you agree to pay all fees (“Fees”) associated with the Services. ALL FEES ARE NON-REFUNDABLE. Our monthly subscription provides tiered pricing for different levels of Services and products based on the Services you choose to use. In addition to our monthly subscription Services, you may purchase add-in Services for a one-time Fee or recurring subscription Fees. Fees may change from time to time. All Fees are exclusive of any applicable communications service or telecommunication provider (e.g., carrier) fees or surcharges (collectively, “Communications Surcharges”). You will pay all Communications Surcharges associated with your use of the Services. Communications Surcharges will be shown as a separate line item on an invoice. All Fees and Communications Surcharges are nonrefundable.
2. Monthly Terms: If you select the month-to-month subscription during registration for the Services, your subscription renews automatically each month until terminated by you as outlined above.
3. Annual Terms: If you select the yearly subscription during registration, the Term shall be for a one (1) year period without the right to terminate for convenience during such 1-year minimum commitment. The annual subscription fee is non-refundable. Upon the anniversary of your one-year subscription, your subscription will automatically renew for subsequent one-year periods, unless you cancel your subscription with at least thirty (30) days written notice to MoLo Media prior to renewal.
4. Any charges incurred by your purchase or use of the Services will be billed to the credit card we have on file. In the event you sign up for a Service that is ongoing and incurs recurring charges (such as a subscription), such charges will be billed in advance of Service. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address, and telephone number, and to provide us with any changes in such information within 10 days of the change.
5. Disputed Charges. Customer must notify MoLo Media in writing of any disputes regarding Fees within thirty (30) days after the date of the disputed charge, otherwise Customer is deemed to have agreed to the charges. If you have issued a dispute to your bank or credit card provider, we will be unable to issue a refund, as the bank or provider is the legal deciding party in that instance. However, if you cancel the dispute, then, we may issue a refund if deemed merited. MoLo Media reserves the right to terminate the Agreement in the event of a disputed charge by Customer.

27. MISCELLANEOUS

1. No RESELLER or agent of LICENSOR is authorized to make any amendment to the Agreement.
2. All questions regarding this agreement should be directed to email at: digital@douglasdigitalagency.com