Checkout

ItemDigi.com

TERMS OF SALE

SALES TO END USERS ONLY

The ItemDigi.com sells products (“Products”) to end user customers only.

PAYMENT METHODS

The ItemDigi.com accepts credit cards, payment through PayPal.com

The ItemDigi.com accepts the following credit cards: Visa, MasterCard, American Express, and Discover.

PLEASE NOTE

If a transaction has been declined online due to credit card issues, or issues with your electronic wallet, please ensure all data is correct and resubmit. If the transaction is not accepted online, you will be unable to use that card or your electronic wallet (as the case may be) for your transaction and should use another credit card.

DIGITAL ITEMS

Digital Items Products purchased from the ItemDigi.com are subject to purchaser’s prior acceptance of the terms of any end-user agreements or other terms and conditions required for use of such Products.

DOWNLOAD ITEMS

If you plan to download Digital Items that you purchase, we encourage you to do so promptly after your purchase. If you are unable to complete a download after having reviewed our online help resources, please contact [email protected]. Once you purchase Digital Items and we make the Digital Items available to you, you bear responsibility for completing download, if you choose to download, and for all risk of loss of the Digital Items after download. Purchased Digital Items will generally continue to be available to you for download or streaming from the Service, as applicable, but may become unavailable due to potential content provider licensing restrictions and for other reasons, and we will not be liable to you if purchased Digital Items becomes unavailable for further download or streaming.

CONTENT AVAILABILITY

The ItemDigi.com makes every effort to provide a broad content offering. For this reason, ItemDigi.com reserves the right to change content options without notice. On occasion, a Product may become unavailable following a transaction but prior to download. Your sole remedy in such cases is a refund of the price paid for the unavailable Product. Please contact ItemDigi.com Customer Service for assistance in such cases (see below).

CONTENT USAGE RULES

Your use of any Products purchaseded (as applicable) from the ItemDigi.com is conditioned upon your prior acceptance of the Terms of Service, including, without limitation, the Usage Rules set forth therein.

OTHER TERMS AND CONDITIONS

ItemDigi.com is not responsible for typographic errors.

ItemDigi.com reserves the right to change the terms and conditions of sale at the ItemDigi.com at any time. Customers are encouraged to review the Terms of Sale on a periodic basis for modifications.

All transactions on the ItemDigi.com are governed by California law, without giving effect to its conflict of law provisions. Risk of loss and title for all electronically delivered transactions pass to the purchaserer (as applicable) in California upon electronic transmission to the recipient. No ItemDigi.com employee or agent has the authority to vary any of the ItemDigi.com’s policies or the terms and conditions governing any sale.

Last updated: April 12, 2020

• • • • •

ItemDigi.com

TERMS OF SERVICE

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND ItemDigi.com INC. (“ItemDigi.com”) STATING THE TERMS THAT GOVERN YOUR USE OF THE ItemDigi.com SERVICE. THIS AGREEMENT – TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, Digital Items LICENSES, AND ALL OF ItemDigi.com’S RULES AND POLICIES – COLLECTIVELY CONSTITUTE THE “AGREEMENT” BETWEEN YOU AND ItemDigi.com. TO AGREE TO THESE TERMS, CLICK “AGREE.” IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “AGREE,” AND DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND ItemDigi.com MAY REFUSE ACCESS TO THE ItemDigi.com FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.

1. Definition of the ItemDigi.com Service.

ItemDigi.com is the provider of the ItemDigi.com (the “Service”) that permits you to purchase (as applicable) Digital Content such as sound recordings and videos (including movies and television shows), games, Digital Items, and ring tones, under certain terms and conditions as set forth in this Agreement.

2. Age requirements for use of the Service.

This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.

3. Objectionable Material.

You understand that by using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Service at your sole risk and that ItemDigi.com shall have no liability to you for content that may be found to be offensive, indecent, or objectionable. Content types (including genres, sub-genres and Podcast categories and sub-categories and the like) and descriptions are provided for convenience, and you acknowledge and agree that ItemDigi.com does not guarantee their accuracy.

4. IMPORTANT SAFETY INFORMATION.

(1) To avoid muscle, joint or eye strain during video game play, you should always take frequent breaks from playing, and stop and take a longer rest if your eyes, hands, wrists, or arms become tired or sore or you feel any other discomfort. (2) A very small percentage of people may experience seizures or blackouts when exposed to flashing lights or patterns, including while playing video games or watching videos. Symptoms may include dizziness, nausea, involuntary movements, loss of awareness, altered vision, tingling, numbness, or other discomforts. Consult a doctor before playing video games if you have ever suffered these or other symptoms linked to seizures and/or epilepsy, and stop playing immediately and see a doctor if these or similar symptoms occur during game play. Parents should monitor their children’s video game play for signs of symptoms.

5. System Requirements.

Use of the Service requires one or more compatible devices, Internet access (fees may apply), and certain Digital Items (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, Digital Items, and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed Internet access is strongly recommended (and is required for Movie Rentals). You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Service is not part of any other product or offering, and no purchaseal (as applicable) or obtaining of any other product shall be construed to represent or guarantee you access to the Service.

6. Policies and Rules.

Your use of the Service and transactions made through it are subject to ItemDigi.com’s Terms of Sale at Terms Of Service, which can be readily viewed on the Service, and any end-user agreements or other terms and conditions required for use of the Service, all of which are hereby made a part of this Agreement. If you have not already read ItemDigi.com’s Terms of Sale, you should do so now. Your purchase of Digital Items products made through the Service is subject to any end-user agreements or other terms and conditions required for use of such products, all of which are hereby made a part of this Agreement.

7. Privacy

ItemDigi.com’s Privacy Policy. Except as otherwise expressly provided for in this Agreement, the Service is subject to ItemDigi.com’s Privacy Policy, which is expressly made a part of this Agreement. If you have not already read ItemDigi.com’s Privacy Policy, you should do so now.

8. Your Information.

You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service (“Registration Data”). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. ItemDigi.com may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that ItemDigi.com may store and use the Registration Data you provide (including credit card and electronic wallet information) for use in maintaining your accounts and billing fees to your credit card or electronic wallet.

9. User Account and Security.

a. Account and Password. As a registered user of the Service, you may receive or establish an account (“Account”). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else’s Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify ItemDigi.com of any unauthorized use of your Account or any other breach of security. ItemDigi.com shall not be responsible for any losses arising out of the unauthorized use of your Account.

b. Security. You understand that the Service, and products transacted through the Service, such as sound recordings, videos (including movies and television shows), games, Digital Items, ring tones, and related artwork (“Products”), include a security framework using technology that protects digital information and limits your usage of Products to certain usage rules established by ItemDigi.com and its licensors (“Usage Rules”). You agree to comply with such Usage Rules, as further outlined below, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and monitored by ItemDigi.com for compliance purposes, and ItemDigi.com reserves the right to enforce the Usage Rules with or without notice to you. You will not access the Service by any means other than through Digital Items that is provided by ItemDigi.com for accessing the Service. You shall not access or attempt to access an Account that you are not authorized to access. You agree not to modify the Digital Items in any manner or form, or to use modified versions of the Digital Items, for any purposes including obtaining unauthorized access to the Service. Violations of system or network security may result in civil or criminal liability.

10. Purchaseal of ItemDigi.com Content

a. Products Requirements. You acknowledge that use of Products may require the use of Digital Items products (e.g., the ability to make copies of Products on physical media and render performance of Products on authorized digital player devices), and that such hardware and Digital Items is your responsibility. Products may only be downloaded once; after being downloaded, they cannot be replaced if lost for any reason. Once a Product is purchaseded (as applicable) and you receive the Product, it is your responsibility not to lose, destroy, or damage the Product, and ItemDigi.com shall be without liability to you in the event of any loss, destruction, or damage.

b. Use of Products. You acknowledge that Products (other than the iTunes Plus Products) contain security technology that limits your usage of Products to the following applicable Usage Rules, and, whether or not Products are limited by security technology, you agree to use Products in compliance with the applicable Usage Rules.

Usage Rules

(i) Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement.

(ii) You shall be entitled to export, burn (if applicable) or copy (if applicable) Products solely for personal, noncommercial use.

(iii) Any burning (if applicable) or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any audio or video content, sound recording, underlying musical composition, or artwork embodied in any Product.

(iv) You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or Digital Items that is part of the Service or used to administer the Usage Rules.

(v) The delivery of Products does not transfer to you any commercial or promotional use rights in the Products.

(vi) Usage rules for Digital Items Products are governed by the terms of any end-user agreements or other terms and conditions required for use of such Products.

d. You acknowledge that some aspects of the Service, Products, and administering of the Usage Rules entails the ongoing involvement of ItemDigi.com. Accordingly, in the event that ItemDigi.com changes any part of the Service or discontinues the Service, which ItemDigi.com may do at its election, you acknowledge that you may no longer be able to use Products to the same extent as prior to such change or discontinuation, and that ItemDigi.com shall have no liability to you in such case

e. The Service may offer interactive features that allow you to, among other things, submit or post information, materials or links to third party content on areas of the Service accessible and viewable by other users of the Service and the public. You represent and agree that any use by you of such features, including any information, materials or links submitted or posted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable or in poor taste, and that you have obtained all necessary rights, licenses or clearances. You further agree to provide accurate and complete information in connection with your submission or posting of any information or materials on the Service. Moreover, you hereby grant ItemDigi.com a worldwide, royalty-free, non-exclusive license to use such materials as part of the Service, and in relation to Products, without any compensation or obligation to you.

ItemDigi.com reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without notice or liability.

11. Territory. The Service is available to you worldwide.

12. Agreement to Pay.

a. Payment for Products. You agree to pay for all Products you purchase (as applicable) through the Service, and that ItemDigi.com may charge your credit card or electronic wallet for any Products purchaseded (as applicable). YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING ItemDigi.com WITH A VALID CREDIT CARD OR electronic wallet DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card, or the electronic wallet, you designate during the registration process. If you want to designate a different credit card or if there is a change in your credit card or electronic wallet status, you must change your credit card or electronic wallet information online at the Account Info section of the Service. (There may be a temporary disruption of your access to the Service until ItemDigi.com can verify the validity of the new credit card or electronic wallet information.)

b. Right to Change Prices and Availability of Products. Prices and availability of any Products are subject to change at any time.

c. Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

d. In order to access and retain your electronic records, you may be required to have certain hardware and Digital Items, which are your sole responsibility.

13. Delivery of Products.

b. Technical Problems. On occasion, technical problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product, or refund of the price paid for such Product, as determined by ItemDigi.com.

14. Intellectual Property.

a. Acknowledgement of Ownership. You agree that the Service, including but not limited to Products, graphics, user interface, audio clips, video clips, editorial content, and the scripts and Digital Items used to implement the Service, contains proprietary information and material that is owned by ItemDigi.com and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.

b. Removal of ItemDigi.com Content or Other Materials. Notwithstanding any other provision of this Agreement, ItemDigi.com and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice. In no event will ItemDigi.com be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. ItemDigi.com may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.

c. Copyrights. All copyrights in and to the Service, including but not limited to, the ItemDigi.com (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and Digital Items, are owned by ItemDigi.com and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE Digital Items OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

d. Trademarks. ItemDigi.com, the ItemDigi.com logo, iTunes, and other ItemDigi.com trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of ItemDigi.com Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

15. Termination.

a. Termination by ItemDigi.com. If you fail, or ItemDigi.com suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide ItemDigi.com with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, violation of the Usage Rules or any license to the Digital Items, or infringement or other violation of third parties’ rights, ItemDigi.com, at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) terminate the license to the Digital Items; and/or (iii) preclude access to the Service (or any part thereof).

b. Termination of the Service. ItemDigi.com reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and ItemDigi.com will not be liable to you or to any third party should it exercise such rights.

16. General Compliance with Laws. The Service is controlled and operated by ItemDigi.com from its offices in the Worldwide. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.

17. Enforcement of These Terms. ItemDigi.com reserves the right to takes steps ItemDigi.com believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to ItemDigi.com’s right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party’s rights). You agree that ItemDigi.com has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as ItemDigi.com believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to ItemDigi.com’s right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party’s rights).

18. No Responsibility for Third-Party Materials or Web sites. Certain content, Products, and services available via the Service may include materials from third parties. In addition, ItemDigi.com may provide links to certain third-party Web sites. You acknowledge and agree that ItemDigi.com is not responsible for examining or evaluating the content or accuracy of any such third-party material or Web sites. ItemDigi.com does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or Web sites, or for any other materials, products, or services of third parties. Links to other Web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that ItemDigi.com is not in any way responsible for any such use by you.

19. Disclaimer of Warranties; Liability Limitations.

a. ItemDigi.com DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME ItemDigi.com MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

b. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY ItemDigi.com) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

c. IN NO CASE SHALL ItemDigi.com, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, ItemDigi.com’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

d. ItemDigi.com SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND ItemDigi.com HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

e. ItemDigi.com DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND ItemDigi.com DISCLAIMS ANY LIABILITY RELATING THERETO. PRODUCTS CAN ONLY BE DOWNLOADED ONCE; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PRODUCTS PURCHASEDED FROM THE ItemDigi.com THAT ARE STORED IN YOUR SYSTEM.

20. Waiver and Indemnity.

BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD ItemDigi.com, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY ItemDigi.com AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM ItemDigi.com, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF ItemDigi.com’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

21. Changes.

ItemDigi.com reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as “Additional Terms”) will be effective immediately and incorporated into this Agreement. Your continued use of the ItemDigi.com following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.

22. Notices.

ItemDigi.com may send you notice with respect to the Service by sending an email message to the email address listed in your ItemDigi.com Account contact information, by sending a letter via postal mail to the contact address listed in your ItemDigi.com Account contact information, or by a posting on the ItemDigi.com. Notices shall become effective immediately.

23. Governing Law.

The laws of the State of California, excluding its conflicts of law rules, govern these Terms of Service and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with ItemDigi.com or relating in any way to your use of the Service resides in the courts of the State of California.

24. Miscellaneous.

These Terms of Service constitute the entire agreement between you and ItemDigi.com and govern your use of the Service, superseding any prior agreements between you and ItemDigi.com. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party Digital Items. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. ItemDigi.com’s failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. ItemDigi.com will not be responsible for failures to fulfill any obligations due to causes beyond its control.

Last updated: April 12, 2020

• • • • •

ItemDigi.com

Gift Certificate, iTunes Cards, Content Codes and Allowances

TERMS AND CONDITIONS

11. ItemDigi.com reserves the right to change any of these terms and conditions from time to time without notice.

12. Any part of these Terms and Conditions may be void where prohibited or restricted by law.

Last updated: April 12, 2020