Welcome to Digital Surge Machine. The www.digitalsurgemachine.com website (the “Site”) is
comprised of various web pages operated by Digital Surge Machine. The Site, www.digitalsurgemachine.com is offered to the user or customer (hereinafter collectively “Customer”) conditioned on Customer acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.digitalsurgemachine.com constitutes your agreement to all such Terms. Customer is responsible for reading these terms carefully, and to keep a copy of them for reference. www.digitalsurgemachine.com is a Software as a Service (SaaS) Site providing services as a social media automation and marketing tool.
Visiting www.digitalsurgemachine.com or sending emails to Digital Surge Machine constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Digital Surge Machine does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If Customer is under 18, they may use www.digitalsurgemachine.com only with permission of a parent or guardian.
Digital Surge Machine values the Customer’s complete satisfaction above everything else. If Customer is dissatisfied for any reason, they must contact us within the first 30 days of commencing subscription and we will issue a pro-rated refund for the balance of the subscribed term. We value all feedback; by letting us know how we may improve via our cancellation form, we are able to improve Customers’ experience(s).
For convenience, Customer’s paid subscription will be automatically renewed unless a cancellation request is received prior to your renewal period. Subscriptions automatically renew for the same period (monthly or annual) for which you signed up for. Please note that we do not send notifications before or at the time of subscription renewal. Annual subscriptions may be renewed up to 10 days prior to renewal date.
Cancellations of annual subscriptions must be submitted in writing prior to this 10-day period. We do not offer refunds on charges for subscription renewals.
Rights in Customer Data
Customer retains all rights, title and interest (including any and all intellectual property rights) in and to the Customer Data as provided to Digital Surge Machine. Subject to the terms of this Agreement, Customer hereby grants to Digital Surge Machine a non-exclusive, worldwide, royalty-free right to use, copy, and store, the Customer Data solely to the extent necessary to provide the Services offered to Customer.
Storage of Customer Data
Digital Surge Machine does not provide or solicit any archiving service. Digital Surge Machine agrees only that it will not intentionally delete any Customer Data from any Service prior to termination of Customer’s applicable Subscription Term. Following termination or expiration of a Digital Surge Machine subscription, we will have no obligation to maintain or provide any Customer Data and may thereafter, unless legally prohibited, delete and permanently destroy all Customer Data in our systems or otherwise in our possession or under our control.
Creation of a Digital Surge Machine Account
If a Customer wants to access data collected by the Site, Customer must create a Digital Surge Machine account. When creating an account, Digital Surge Machine will ask for some personal information, including your date of birth. Customer will also have the option to create their Digital Surge Machine account using a different credential (i.e. Facebook account). Should Customer choose to do so, we will ask permission to access basic information from that account, like your name, profile picture, and friend list. Customer may stop sharing that information with us at anytime by removing Digital Surge Machine’s access to that account.
General Data Protection Regulation (GDPR)
Right to erasure (“right to be forgotten”) The Customer shall have the right to obtain from Digital Surge Machine the erasure of personal data concerning him or her without undue delay and Digital Surge Machine shall have the obligation to erase personal data without undue delay where one of the following grounds applies:
A. the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed;
B. the data subject withdraws consent on which the processing is based according to point GDPR (a) of Article 6(1), or point (a) of Article 9(2), and where there is no other legal ground for the processing;
C. the data subject objects to the processing pursuant to GDPR Article 21(1) and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2);
D. the personal data have been unlawfully processed;
E. the personal data have to be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject;
F. the personal data have been collected in relation to the offer of information society services referred to in GDPR Article 8(1).
Links to Third Party Sites/Third Party Services
www.digitalsurgemachine.com may contain links to other websites, (“Linked Sites”). The Linked Sites are not under the control of Digital Surge Machine and Digital Surge Machine is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Digital Surge Machine is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Digital Surge Machine of the site or any association with its operators.
Certain services made available via www.digitalsurgemachine.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.digitalsurgemachine.com domain, you hereby acknowledge and consent that Digital Surge Machine may share such information and data with any third party with whom Digital Surge Machine has a contractual relationship to provide the requested product, service or functionality on behalf of www.digitalsurgemachine.com users and Customers.
By utilizing Facebook Connect, Customer consents to the interconnection maintained between Facebook Connect and Digital Surge Machine and any transfer of data to or from each. Customer’s agreement (and our access to your information) takes place when Customer instructs, accepts or allows Facebook to register them for a Digital Surge Machine account or otherwise connect to Digital Surge Machine through Facebook. The information that Digital Surge Machine may access, collect and store may include the following, among other information, as allowed by Customer, Facebook’s API, and Customer’s privacy settings:
1) Customer’s name;
2) Customer’s profile picture;
3) Customer’s email address;
4) Customer’s gender;
5) Customer’s birthday;
6) Customer’s location (i.e. city);
7) the names and pictures of Customer’s Facebook friends;
8) Customer’s interests and affinity networks;
9) other information Customer makes publicly available through Facebook.
When Customer uses the Site, we may collect and process information about your actual location. We use various technologies to determine location, including IP address, GPS, and other sensors that may, for example, provide the Site with information on nearby devices, WiFi access points and cell towers. When we have location information, we use it to tailor our Services for Customer’s and others, like allowing Customer to check-in and find local events or offers in Customer’s are or tell Customer’s friends they are nearby.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Digital Surge Machine or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. Customer agrees to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
Customer will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Digital Surge Machine’s content is not for resale. Use of the Site does not entitle Customer to make any unauthorized use of any protected content, and in particular, Customer will not delete or alter any proprietary rights or attribution notices in any content. Customer will use protected content solely for personal use, and will make no other use of the content without the express written permission of Digital Surge Machine and the copyright owner. Customer agrees that they do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Digital Surge Machine or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Digital Surge Machine account to third party accounts. By connecting your Digital Surge Machine account to your third-party account, Customer acknowledges and agrees that they are consenting to the continuous release of information about Customer to others (in accordance with the privacy settings on those third-party sites). Should Customer not want information about them to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Digital Surge Machine from our offices within the USA. If access of the Service is from a location outside the USA, Customer is responsible for compliance with all local laws. Customer agrees that they will not use the Digital Surge Machine Content accessed through www.digitalsurgemachine.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Customers agrees to indemnify, defend and hold harmless Digital Surge Machine, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of their use of or inability to use the Site or services, any user postings made by Customer, their violation of any terms of this Agreement or their violation of any rights of a third-party, or their violation of any applicable laws, rules or regulations. Digital Surge Machine reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer, in which event, Customer will fully cooperate with Digital Surge Machine in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in
contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both Customer and Digital Surge Machine agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. POST PLANNER AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. Digital Surge Machine AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS”WITHOUT WARRANTY OR CONDITION OF ANY KIND. Digital Surge Machine AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DIGITAL SURGE MACHINE AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
Digital Surge Machine reserves the right, in its sole discretion, to terminate a Customer’s access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Missouri and you hereby consent to the exclusive jurisdiction and venue of courts in Missouri in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. Customer agrees that no joint venture, partnership, employment, or agency relationship exists between them and Digital Surge Machine as a result of this agreement or use of the Site. Digital Surge Machine’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Digital Surge Machine’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Digital Surge Machine with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the Customer and Digital Surge Machine with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the Customer and Digital Surge Machine with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Digital Surge Machine reserves the right, in its sole discretion, to change the Terms under which www.digitalsurgemachine.com is offered. The most current version of the Terms will supersede all previous versions. Digital Surge Machine encourages periodic review the Terms to stay informed of any updates.
Digital Surge Machine welcomes all questions or comments regarding the Terms: