Terms of Service

TERMS OF SERVICE

Digital Papaya is an ECAD library and part provider, electronics design services provider and digital marketing services provider. The Company was founded in 2017, and is headquartered in Bayamon, Puerto Rico. Our focus is on exporting these services, and connecting great talent in the Island with demanding high growth economies.

Digital Papaya’s Terms of Service

Last update: August 2018

Welcome to Digital Papaya.com. Digital Papaya.com is a marketplace platform for services performed by DP employees and DP approved contractors.

The following terms and conditions (these “Terms of Service”), govern your access to and use of the Digital Papaya website, including any content, functionality and services offered on or through www.digitalpapaya.com (the “Site”), by Digital Papaya Inc., as applicable.

Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, found here, incorporated herein by reference. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Site. For more detailed policies surrounding the activity and usage on the Site, please access the designated articles herein.

This Site is offered and available to users who are 18 years of age or older. If you are under 18 you may not use this Site or the Digital Papaya services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request here.

Key Terms

Jobs are services offered on Digital Papaya.

Sellers are Digital Papaya employees and approved contractors.

Buyers are users who purchase services on Digital Papaya.

Job Page is where the seller can describe their Job and the Job’s terms, and the buyer can purchase the Job and create an order.

Job Extras are additional services offered on top of the Seller’s Job for an additional price defined by the Seller.

Job Multiples are additional quantities of unique orders from the seller’s Job.​

Job Packages allow sellers to offer services in different formats and prices. Packages can include upgrades, which lets sellers price their service for a basic price of over $5.​

Custom Offers are exclusive proposals that a seller can create in response to specific requirements of a buyer.

Custom Orders are requests made by a buyer to receive a Custom Offer from a seller.

Orders are the formal agreement between a buyer and seller after a purchase was made from the seller’s Job Page.

Order Page is where buyers and sellers communicate with each other in connection with an ordered Job.

Disputes are disagreements experienced during an order between a buyer and seller on Digital Papaya.

Revenue is the money sellers earn from completed orders.

Sales Balance is cleared revenue from completed orders for sellers to withdraw or use to purchase Jobs.

Shopping Balance is shopping credit collected from cancelled orders or Digital Papaya promotions to be used for purchasing Jobs.

Overview (Main terms, in a nutshell)

  • Digital Papaya offers a 100% satisfaction guaranteed or your money back (minus non-refundable Paypal fees) on orders until 14 days after the order has been marked as completed.
  • Only registered users may buy and sell on Digital Papaya. Registration is free.
  • Jobs on Digital Papaya may be offered at a base starting price determined by the seller, but equal to or higher than $5 USD.
  • Buyers pay Digital Papaya in advance to create an order.
  • Orders are purchased through the Order button found on a seller’s Job page or through a Custom Offer.
  • For fees and payments please read the purchasing section here.
  • Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect sellers’ reputation and status.
  • Sellers gain account statuses (Levels) based on their performance and reputation. Advanced levels provide their owners with benefits, including offering services for higher prices through Job Extras, or selling their Job in multiples.
  • Users may not offer or accept payments using any method other than placing an order through digitalpapaya.com.
  • Buyers are granted all rights for the delivered work, unless otherwise specified by the seller on their Job page. Note: some Jobs charge additional payments (through Job Extras) for Commercial Use License. See our “Ownership” and “Commercial Use License” sections below for more information.
  • Digital Papaya retains the right to use all publicly published delivered works for Digital Papaya marketing and promotion purposes.
  • We care about your privacy. You can read our Privacy Policy here. The Privacy Policy is a part of these Terms of Service and incorporated herein by reference.

Sellers

Basics

  • Sellers create Jobs on Digital Papaya to allow buyers to purchase their services.
  • Sellers may also offer Custom Offers to buyers in addition to their Jobs.
  • Digital Papaya accredits sellers once an order is completed. See our “Orders” section below for a definition of a completed order.
  • If an order is cancelled (for any reason), the funds paid will be refunded to the buyer’s Shopping Balance which the Buyer can request to be refunded to its Paypal account.
  • The seller’s rating is calculated based on the order reviews posted by buyers. High ratings allow sellers to obtain advanced seller levels (see Levels below).

Jobs

  • Statements on the Job Page that undermine or circumvent these Terms of Service is prohibited.
  • Eligible Jobs in select Categories may set up Job Packages to offer their services in structured formats with multiple price points for the selected Job.

Job Extras

  • Job Extras are additional services offered on top of the Seller’s Job for an additional price defined by the Seller.
  • Job Extras may be removed for violations of our Terms of Service, or for any other reason at Digital Papaya’s sole discretion. Jobs are subject to be removed due to violations found in Job Extras.
  • Services offered through Job Extras must be related to the base service and part of the deliverables on the order.
  • Job Extras may cover different categories of services that are components to a higher quality delivered service.
  • Sellers have the option to extend the duration of an order for each Job Extra that is added to the order. This is to cover the time needed to complete the extra service.

Seller Features

Digital Papaya sellers have access to several exclusive features that help customize the way their services can be offered.

Custom Offer

  • Sellers can also send Custom Offers addressing specific requirements of a buyer.
  • Custom Offers are defined by the seller with the exact description of the service, the price and the time expected to deliver the service.
  • Custom Offers are sent from the conversation page.
  • Services provided through Custom Offers may not violate Digital Papaya’s Terms of Service.
  • Project Milestones:
    • Custom Offers above $100 may include up to three project milestones. Each milestone is paid and delivered separately in accordance with each Custom Offer’s description and timelines.
    • A milestone is marked as Complete after it is delivered by the seller and then accepted by the buyer. A milestone will be automatically marked as complete if no acceptance or request for modification were submitted within 8 days after marked as Delivered, however, in such case the order will be stopped and all further milestones will be cancelled.
    • Once a milestone is delivered, Buyers may choose to either continue with the order and pay for the next milestone, or to stop the order. Please note that if you choose to stop the order, the current delivered milestone will not be cancelled.

Shipping Physical Deliverables

Some of the services on Digital Papaya are delivered physically. For these types of Jobs, sellers may decide to add shipping charges. Sellers can add shipping charges for local shipping (within the same country) and for international shipping (anywhere else).

  • Jobs that include shipping costs must have physical deliverables sent to Buyers.
  • Shipping costs added to a Job only pertains to the cost sellers require to ship physical items to Buyers.
  • Important: Buyers who purchase Jobs that require physical delivery, will be asked to provide a shipping address.

Buyers

Basics

  • You may not procure any DP services to be used in military, or any human life ending applications. By using the service you expressly state that you will not utilize DP services or any DP products for military, or any human life ending applications. You also state that you will comply with all applicable export regulations, see EXPORT CONTROL section below.
  • You may not offer direct payments to sellers using payment systems outside of the Digital Papaya Order system..
  • Digital Papaya retains the right to use all publically published delivered works for Digital Papaya marketing and promotional purposes.
  • Buyers may request a specific service from the Post a Request feature found from the Shopping dashboard and on the Home page. Services requested on Digital Papaya must be an allowed service on Digital Papaya.

Purchasing

  • Buyers pay Digital Papaya to create an order from a seller’s Job page or Custom Offer, using the Order Now button.
  • In addition buyers can request a Custom Order which addresses specific buyer requirements, and receive a Custom Offer from sellers through the site.
  • Jobs may be purchased using one of the following payment methods: PayPal.
  • If you have funds in your account balance, either from your Shopping or available Revenue balance, it will be automatically applied to your next purchase.
  • In certain locations, we may allow buyers to pay in local currency (buyers will always have the option to view prices and pay in US$). Buyers should note, however, that Jobs’ local pricing is only a conversion of their original US$ price, and therefore local currency prices may change daily in accordance with current exchange rates.
  • You may not offer sellers to pay, or make payment using any method other than through the digitalpapaya.com site. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support here.
  • To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, we do not collect credit information; but allow our payment vendors to collect information for the purpose of collecting payments from buyers on the Site or transferring payments to sellers on the Site. We are not exposed to the payment information provided to our payment vendors, and this information is subject to the privacy policy applicable to the payment vendor. Please see our Privacy Policy for more information here.

 

Taxes

Buyers may be charged with indirect taxes (such as VAT or GST) depending on their residency, location and any applicable law, in addition to the Job price shown on the Job page.

Buyers agree that they are responsible to comply with all tax requirements applicable to them, including but not limited to any obligation to deduct or withhold taxes. It is hereby clarified that all prices and fees that appear on the Site are the net amounts that will be paid to Digital Papaya following any direct or indirect taxes, levy, withholding tax and/or deductions.

Orders

Basics

  • Once payment is confirmed, your order will be created and given a unique Digital Papaya order number.
  • Sellers must deliver completed files and/or proof of work using the Deliver Work button (located on the Order page) according to the service that was purchased and advertised on their Job.
  • Using the Deliver Work button may not be abused by sellers to circumvent Order guidelines described in this Terms of Service. Using the “Deliver Work” button when an order was not fulfilled may result in a cancellation of that order after review, affect the seller’s rating and result in a warning to seller.
  • An order is marked as complete after the order is marked as Delivered and then rated by a buyer. An order will be automatically marked as complete if not rated and no request for modification was submitted within 3 days after marked as Delivered.

Handling Orders

  • When a buyer orders a Job, the seller is notified by email as well as notifications on the site while logged into the account.
  • Sellers are required to meet the delivery time they specified when creating their Jobs. Failing to do so will allow the buyer to cancel the order when an order is marked as late and may harm the seller’s status.
  • Sellers must send completed files and/or proof of work using the Deliver Completed Work button (located on the Order page) to mark the order as Delivered.
  • Users are responsible for scanning all transferred files for viruses and malware. Digital Papaya will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
  • A Seller may cancel an order without the buyer’s consent at any given moment (Force Cancellation). However, this will have a negative effect on the seller’s status.
  • Buyers may use the “Request Revisions” feature located on the Order page while an order is marked as Delivered if the delivered materials do not match the seller’s description on their Job page or they do not match the requirements sent to the seller at the beginning of the order process.

Reviews

  • Feedback reviews provided by buyers while completing an order are an essential part of Digital Papaya’s rating system. Reviews demonstrate the buyer’s overall experience with the sellers and their service. Buyers are encouraged to communicate to the seller any concerns experienced during their active order in regards to the service provided by the seller.
  • Leaving a buyer’s feedback is a basic prerogative of a buyer. Feedback reviews will not be removed unless there are clear violations to our Terms of Service.
  • To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the Digital Papaya platform from users within our Community. Purchases arranged, determined to artificially enhance seller ratings, or to abuse the Digital Papaya platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
  • Feedback comments given by buyers are publicly displayed on a seller’s Job page. Buyers have the option not to include a comment, but still rate the service. Cancellation of an order does not remove feedback unless mutually agreed.
  • Work Samples are sent to a buyer in a delivery message. Work Samples are added to a seller’s Live Portfolio on their Job page if the buyer chooses to publish the Work Sample while providing a public feedback review.
  • Withholding the delivery of services, files, or information required to complete the Job’s service with the intent to gain favorable reviews or additional services is prohibited.
  • Responding and posting a review: Once work is delivered, the buyer has three days to respond and post a review (or 14 days for Jobs with shipping). If no response is provided within the response period, the order will be considered completed.
  • Users are allowed to leave reviews on orders up to 30 days after an order is marked as complete. No new reviews may be added to an order after 30 days.
  • Sellers may not solicit the removal of feedback reviews from their buyers through mutual cancellations.

Disputes and Cancellations

We encourage our buyers and sellers to try and settle conflicts amongst themselves. If for any reason this fails or if you encounter non-permitted usage on the Site, users can contact Digital Papaya’s Customer Support department for assistance here.

Basics

  • Digital Papaya offers a 100% satisfaction guaranteed or your money back (minus non-refundable Paypal fees) on orders until 14 days after the order has been marked as completed.
  • Order cancellations can be performed on Digital Papaya, when eligible, by Customer Support per order.
  • Filing a transaction dispute or reversing a payment through your payment provider or your bank is a violation to these Terms of Service. Doing so may get your account temporarily disabled to investigate possible security violations. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
  • Digital Papaya reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
  • All transfer and assignment of intellectual property to the buyer shall be subject to full payment for the Job and the delivery may not be used if payment is cancelled for any reason.
  • If an order is cancelled (for any reason), the funds paid will be refunded to the buyer’s shopping balance. The buyer may submit a request to withdraw those funds.
  • Revisions to deliveries can be performed by sellers based on the seller’s Job and customer care. Sellers may determine the amount of revisions offered to buyers, including no revisions.
  • Requests for revisions can be performed through the Order page while the order is marked as Delivered.
  • Requesting to gain more services from sellers beyond the agreed requirements by using the Request Revisions button is not allowed.

Order Cancellations

  • Digital Papaya offers a 100% satisfaction guaranteed or your money back (minus non-refundable Paypal fees) on orders until 14 days after the order has been marked as completed.
  • Eligibility for requests to Digital Papaya to cancel an order will be assessed by our Customer Support team based on a number of factors, including violations to our Terms of Service, general misconduct, and improper usage of the Digital Papaya delivery system. See below for Order specific eligibility.
  • Completed orders (or, where applicable, completed milestones) may be cancelled, upon review of our Customer Support team, up to 14 days after the order (or Milestone) is marked as complete.
  • Any non-permitted usage of Digital Papaya encountered during an Order, after being reviewed by our Customer Support team, may result in the order being cancelled. This includes, but not limited to; harassment, unlawful behavior, or other violations to Digital Papaya’s Terms of Service.
  • Digital Papaya Customer Support will cancel orders based on, but not limited to, the following reasons:
    • Active orders (after the buyer submits their requirements and before the seller delivers on Digital Papaya)
      • The seller is late and unresponsive for more than 24 hours while the order is marked as Late.
      • Users are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.
      • Users supplied or included copyright/trademark infringing materials as part of the Buyer requirements or the seller’s delivery.
      • The user is no longer an active Digital Papaya user due to Terms of Service violations or closure of their account.
    • Delivered Orders (after the seller clicks Deliver Now and before the order is marked as complete)
      • The seller uses the Delivery system to extend the delivery due date to complete the requested service without providing the final delivered service to buyers.
        • Note: Multiple reported offenses will result in permanent suspension of your account.
      • The seller delivers no files and/or proof of work related to the agreed upon order requirements.
        • Note: Subjectivity of the materials in question will be reviewed by our Customer Support team.
      • The seller requests additional payments, on or off the Digital Papaya platform, by withholding the final delivery of services directly related to the agreed requirements.
      • The seller is withholding the final delivery of services for improved ratings.
      • Buyers who abuse the Request Revisions button to gain more services from sellers beyond the agreed requirements.
      • Buyers who threaten to leave a damaging review to gain more services from the seller not related to the agreed requirements.
    • Completed Orders (after the order is marked as complete and before the 14 day limitation)
      • Users who have been reported to use copyright/trademark infringing materials after verification and with proof.
      • Buyers who did not purchase commercial use rights and are reported to have used the materials commercially.
        • Note: Terms of Commercial use is found on the seller’s Job page and cannot be retroactively included once the order is completed for over 14 days.
      • Digital Papaya Customer Support will review cases of Order delivery manipulation that prevents buyers and sellers from fully utilizing our Resolution Center that enabled the order to be marked as complete.

Refunds

  • 100% satisfaction guaranteed or your money back up to 14 days after the order is completed.
  • Digital Papaya does not automatically refund payments made for cancelled orders back to your payment provider. Funds from order cancellations are refunded to the buyer’s balance as credit and are available for future purchases on Digital Papaya. Funds returned to your balance from cancelled orders will not include processing fees paid. The buyer may request to withdraw funds to his Paypal account by submitting a withdrawal request on DP’s system.

User Conduct And Protection

Digital Papaya enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on Digital Papaya reflect the diversity of an expanding Job economy. Members of the Digital Papaya community communicate and engage through orders, social media, and on Digital Papaya’s Community Forums.

Digital Papaya maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of Digital Papaya. This section relates to the expected conduct users should adhere to while interacting with each other on Digital Papaya.

To report a violation of our Terms of Service, User Misconduct, or inquiries regarding your account, please contact our Customer Support team here.

Basics

  • To protect our users’ privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of Digital Papaya in order to circumvent or abuse the Digital Papaya messaging system or Digital Papaya platform is not permitted.
  • Any necessary exchange of personal information required to continue a service may be exchanged within the order page.
  • Digital Papaya does not provide protection for users who interact outside of the Digital Papaya platform.
  • All information and file exchanges must be performed exclusively on Digital Papaya’s platform.
  • Rude, abusive, improper language, or violent messages sent to users will not be tolerated and may result in an account warning or the suspension/removal of your account.
  • The Digital Papaya marketplace is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension/removal of your account.

Orders

  • Users with the intention to defame competing sellers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.
  • Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.

Jobs

  • Users may report Jobs to Customer Support that may be in violation of Digital Papaya’s Terms of Service based on the reported Job’s replicated similarity to pre-existing services (copycat Jobs).
  • Digital Papaya will respond to clear and complete notices of alleged copyright or trademark infringement. Our Intellectual Property claims procedures can be reviewed here.

Reporting Violations

If you come across any content that may violate our Terms of Service, you should report it to us through the appropriate channels created to handle those issues as outlined in our Terms of Service. All cases are reviewed by our Trust & Safety team. To protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information.

Violations

Users may receive a warning to their account for violations of our Terms of Service or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user’s email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing seller statuses or becoming permanently disabled based on the severity of the violation.

Non-Permitted Usage

Adult Services & Pornography – Digital Papaya does not allow any exchange of adult oriented or pornographic materials and services.

Inappropriate Behavior & Language – Communication on Digital Papaya should be friendly, constructive, and professional. Digital Papaya condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.

Phishing and Spam – Digital Papaya takes the matter its members’ security seriously. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them for commercial purposes without their consent.

Privacy & Identity – You may not publish or post other people’s private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the order page. Sellers further confirm that whatever information they receive from the buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the buyer. Any users who engage and communicate off of Digital Papaya will not be protected by our Terms of Service.

Intellectual Property Claims – Digital Papaya will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here.

Fraud / Unlawful Use – You may not use Digital Papaya for any unlawful purposes or to conduct illegal activities.

Abuse and Spam

Multiple Accounts – To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Digital Papaya community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations to Digital Papaya’s Terms of Service is cause for permanent suspension of all accounts.

Targeted Abuse – We do not tolerate users who engage in targeted abuse or harassment towards other users on Digital Papaya. This includes creating new multiple accounts to harass members through our message or ordering system.

Selling Accounts – You may not buy or sell Digital Papaya accounts.

General Terms

  • Digital Papaya reserves the right to put any account on hold or permanently disable accounts due to breach of these terms of service or due to any illegal or inappropriate use of the Site or services.
  • Violation of Digital Papaya’s Terms of Service may get your account disabled permanently.
  • Users with disabled accounts will not be able to sell or buy on Digital Papaya.
  • Users who have violated our Terms of Service and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
  • Users have the option to enable account Security features to protect their account from any unauthorized usage.
  • Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
  • Sellers will be able to withdraw their revenues from disabled accounts after a safety period of 90 days following full verification of ownership of the account in question, from the day of the last cleared payment received in their account and subject to Digital Papaya’s approval.
  • Disputes should be handled by contacting Digital Papaya Customer Support.
  • Digital Papaya may make changes to its Terms of Service from time to time. When these changes are made, Digital Papaya will make a new copy of the terms of service available on this page.
  • You understand and agree that if you use Digital Papaya after the date on which the Terms of Service have changed, Digital Papaya will treat your use as acceptance of the updated Terms of Service.

User Generated Content

User Generated Content (“UGC”) refers to the content added by users as opposed to content created by the Site. All content uploaded to Digital Papaya by our Buyers is User Generated Content. Digital Papaya does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.

For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement (DMCA notices) or trademark infringement – please see our Intellectual Property Claims Policy which forms an integral part of these Terms of Service. Note that it is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Ownership

Ownership and limitations: Unless clearly stated otherwise on the seller’s Job page/description, when the work is delivered, and subject to payment, the buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the seller, and the seller waives any and all moral rights therein. The delivered work shall be considered work-for-hire under the U.S. Copyright Act. In the event the delivered work does not meet the requirements of work-for-hire or when US Copyright Act does not apply, the seller expressly agrees to assign to buyer the copyright in the delivered work. All transfer and assignment of intellectual property to buyer shall be subject to full payment for the Job and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work shall be the exclusive property of buyer, and seller assigns all rights, title and interest in the delivered work. Some Jobs (including for custom created work) charge additional payments (through Job Extras) for a Commercial Use License. This means that if you purchase the Job for personal use, you will own all rights you require for such use, and will not need the Commercial Use License. If you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, you will need to buy the Commercial Use License through a Job Extra and will have broader rights that cover your business use.

Sellers further confirm that whatever information they receive from the buyer, which is not public domain, shall be kept confidential and shall not be shared or used for any purpose whatsoever other than for the delivery of the ordered work to the buyer.

Furthermore, users (both buyers and sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Digital Papaya, including Job texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Digital Papaya for no consideration for marketing and/or other purposes.

Commercial Use License

By purchasing a “Commercial Use License” with your order, the Seller grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. All intellectual property rights of the purchased delivery are hereby assigned to you. “Permitted Commercial Purposes” means any business related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to Digital Papaya’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Seller nor Digital Papaya will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.

Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DIGITAL PAPAYA NOR ANY PERSON ASSOCIATED WITH DIGITAL PAPAYA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Automatic Translation

THIS SERVICE MAY CONTAIN TRANSLATIONS POWERED BY GOOGLE. GOOGLE DISCLAIMS ALL WARRANTIES RELATED TO THE TRANSLATIONS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, RELIABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

The Site has been translated for your convenience using translation software powered by Google Translate. Reasonable efforts have been made to provide an accurate translation, however, no automated translation is perfect nor is it intended to replace human translators. Translations are provided as a service to users of the website, and are provided “as is”. No warranty of any kind, either expressed or implied, is made as to the accuracy, reliability, or correctness of any translations made from English into any other language. Some content (such as images, videos, Flash, etc.) may not be accurately translated due to the limitations of the translation software.

The official text is the English version of the website. Any discrepancies or differences created in the translation are not binding and have no legal effect for compliance or enforcement purposes. If any questions arise related to the accuracy of the information contained in the translated website, please refer to the English version of the website which is the official version.

Export Control

Exports, re-exports, and transfers of Digital Papaya (DP) products, including technology, software, software source code, technical data, related technology, and the direct products thereof (“DP items”) are subject to US export controls and sanctions, the most important of which are administered by the Commerce Department’s Bureau of Industry and Security (“BIS”) under its Export Administration Regulations (“EAR”), the Treasury Department’s Office of Foreign Assets Controls (“OFAC”) under its Foreign Assets Control Regulations, and other applicable export control laws and regulations of non-U.S. government agencies (the “Export Controls”). Certain DP Services may also be subject to these Export Controls.

You represent and warrant that you (i) are not under the control of, affiliated with, or representing the Government of Iran or any political subdivision, agency, or instrumentality thereof, (ii) are not located in, or a national or resident of Cuba, Iran, North Korea, Sudan, Syria or any other country subject to a U.S. trade embargo or sanctions; (iii) are not on the U.S. Treasury Department’s List of Specially Designated Nationals or the U.S. Commerce Department’s Denied Persons List or Entity List; and (iv) will not use the DP items or any DP Services in any activities related to the design, development, production, or use of nuclear materials, nuclear facilities, nuclear weapons, missiles or chemical or biological weapons in any country; and (v) will not use the DP items or the DP Services for a military end-use or a military end-user in China, Russia or any other country designated in EAR Supplement No. 1 to Part 740, Country Group D1.

The above lists of U.S. embargoed/sanctioned or restricted D1 country destinations, entities or denied persons are subject to change.

Limitation on Liability

IN NO EVENT WILL DIGITAL PAPAYA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

General

Any claim relating to DP Services will be governed by and interpreted in accordance with the laws of the Commonwealth of Puerto Rico, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of this site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the state and federal courts sitting in San Juan, Puerto Rico. You agree to waive all defenses of lack of personal jurisdiction and forum non-conveniens and agree that process may be served in a manner authorized by applicable law or court rule.

DP operates or manages this site from its offices within Puerto Rico. DP makes no representations that DP Services referenced on this site are appropriate or available for use in other areas of the world. Those who access this site from locations outside the United States are responsible for compliance with applicable local laws.

Where DP has provided you with a translation of the English language version of information on DP websites, you agree that the translation is provided for your convenience only and that the applicable English language versions will govern your relationship with DP. If there is any contradiction between the English language version of information on DP websites and the translation, the English language version will take precedence.