Terms of Service
Last Updated: 07.07.2024
Welcome to Moby Digital. These Terms of Service ("Terms") govern your access to and use of our website, services, and any related content, features, or applications (collectively, the "Services") provided by Moby Digital. By accessing or using our Services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
1. **Acceptance of Terms**
By using our Services, you affirm that you are at least 18 years of age or have the legal authority to enter into these Terms on behalf of yourself or the entity you represent. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
2. **Changes to Terms**
Moby Digital reserves the right to modify or update these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on our website. Your continued use of the Services after the posting of changes constitutes your acceptance of those changes. Please review these Terms regularly to stay informed of any updates.
3. **Services and Content**
3.1 **Service Description**
Moby Digital provides digital marketing services, including but not limited to, search engine optimization (SEO), social media marketing, content creation, and web design. The specific services you receive will be detailed in a separate agreement between you and Moby Digital.
3.2 **Content**
All content provided on our website, including text, graphics, logos, images, and software, is the property of Moby Digital or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not use, reproduce, distribute, or display any content from our website without prior written permission from Moby Digital.
4. **User Responsibilities**
4.1 **Account Security**
If you create an account with Moby Digital, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other security breach.
4.2 **Prohibited Activities**
You agree not to engage in any of the following activities:
- Using the Services for any illegal or unauthorized purpose.
- Interfering with or disrupting the Services or servers connected to the Services.
- Attempting to access any unauthorized areas of the Services.
- Engaging in any activity that violates the rights of Moby Digital or any third party.
5. **Fees and Payment**
5.1 **Pricing**
The fees for our Services will be specified in a separate agreement between you and Moby Digital. All fees are non-refundable unless otherwise stated in the agreement.
5.2 **Payment Terms**
Payment terms, including the timing of payments, will be detailed in your agreement with Moby Digital. Late payments may result in the suspension or termination of your access to the Services.
6. **Termination**
Moby Digital reserves the right to terminate or suspend your access to the Services at any time, without notice, for conduct that Moby Digital, in its sole discretion, believes is in violation of these Terms or is harmful to other users, Moby Digital, or third parties.
7. **Disclaimer of Warranties**
The Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Moby Digital does not warrant that the Services will be uninterrupted, error-free, or secure, or that any defects will be corrected.
8. **Limitation of Liability**
To the fullest extent permitted by law, Moby Digital shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Services, even if Moby Digital has been advised of the possibility of such damages. In no event shall Moby Digital’s liability to you exceed the amount you have paid to Moby Digital for the Services in the three months preceding the event giving rise to the liability.
9. **Indemnification**
You agree to indemnify, defend, and hold harmless Moby Digital, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or in any way connected with your use of the Services, your violation of these Terms, or your violation of any rights of another.
10. **Governing Law**
These Terms shall be governed by and construed in accordance with the laws of the state or country where Moby Digital is headquartered, without regard to its conflict of law principles. Any legal action or proceeding arising under these Terms shall be brought exclusively in the courts located in that jurisdiction.
11. **Miscellaneous**
11.1 **Entire Agreement**
These Terms, along with any other agreements or policies referenced herein, constitute the entire agreement between you and Moby Digital regarding your use of the Services.
11.2 **Severability**
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
11.3 **Waiver**
The failure of Moby Digital to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
12. **Contact Information**
If you have any questions about these Terms, please contact us at:
Moby Digital
info@mobydigital.org
By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.