Terms of Use

If you do not agree to the Terms of Use, please leave the site immediately!

By using this site, you agree to these Terms of Use. If you do not agree to these Terms of Use, please do not use the site. We reserve the right to update these Terms. By continuing to use the site, you agree to the updated Terms.

This agreement is between the visitor/member of the website and Galaxy Omnimedia, Inc., a Florida corporation which owns this website, or its assigns or successors.

For purposes of this agreement, the words "product" or "products" shall refer to any downloadable files provided by this website to members or visitors. The words "member" or "members" shall refer to any person (natural or artificial) who obtains a membership (free or paid) to this site by completing a membership form or application. The word "club" refers to this website and/or its owner.

This agreement may be updated from time to time.

Adults Only

This website is for use only by adults at least 18 years of age. If you are under the age of 18, you are not allowed to access this website for any reason or to sign up for our mailing list or obtain a membership.

Copyright Notice

All content on this website, including programming, text, and site design, is copyright © 2007. All Rights Reserved. You may not copy the content of this site for any purpose without our written permission.

Products provided by this website are copyrighted by their respective creators or publishers. We do not claim copyright to any products not created by us.

Disclaimers

All information and use of and products provided by this site are provided "as is" without warranty of any kind. The owners of this website hereby disclaim all warranties with regard to this site, the information contained on or received through use of this site and any services or products received through this site, including all express, statutory, and implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not warrant that the contents or any information received through this site are accurate, reliable or correct; that this site will be available at any particular time or location; that any defects or errors will be corrected; or that the contents or any information received through this site is free of viruses or other harmful components. Your use of this site is solely at your risk. In no event shall the user's recourse exceed the amount of money paid to the owner of the website. User agrees that it has relied on no warranties, representations or statements other than in this agreement. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you but shall apply to the maximum extent permitted by law of your jurisdiction.

Under no circumstances shall the owners, employees, or independent contractors associated with this website be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from, or arise out of the use of, or inability to use, this site, the information contained on or received through use of this site, or any services or products received through this site. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions shall be limited to the maximum extent permitted by law of your jurisdiction.

Under no circumstances shall the contents of this website or products offered on this website be considered as legal, financial, tax, medical, or other professional advice. Never disregard advice from your doctor or other qualified health care professional as a result of anything you read on this or any website or in any book. Your results will depend greatly on your own efforts, as well as other factors. We cannot guarantee specific results.

This website provides some products to members which have "resale rights". We make no claims as to any member's ability to sell any product or earn any amount of income, or any income at all, from attempting to sell these products or from any other information provided on the site or in any products obtained from it. Some products are provided with sales letters or other marketing materials. We make no claims as to the effectiveness or suitability of these sales letters or marketing materials for selling the products. Any sales letters or other marketing materials provided are for the convenience of the member only. Any sales letters or marketing materials, including graphics, which are provided are only to be used for promoting the product they are provided with. The member is free to create his own marketing materials as long as he does not misrepresent the product. The member is responsible for providing any required disclaimers or legal notices necessary for the website(s) which the member uses to sell or distribute the products. This website does not provide legal or other professional advice. Members are responsible for setting their own retail prices for any products they sell; any prices listed in sales letters provided are merely the publishers' suggested prices.

Members will incur other expenses when attempting to sell products obtained from the website, including, but not limited to advertising, website hosting, and other business expenses. We do not purport this site as a "get rich quick scheme", a "business opportunity", a "business in a box", a "turnkey business solution", or any such scheme. We simply provide products which the member may attempt to sell, where indicated.

Other

The member acknowledges that he/she has provided his/her real name (or real company name) on the signup form, and understands that memberships entered with false information will be deleted.

The member agrees not to use the terms "Digital Product Club", "digitalproductclub.com", "Galaxy Omnimedia", or "Chris Lockwood" when marketing any products from this site.

The member agrees not to use any illegal or unethical methods of promotion when attempting to sell products obtained from this website or when referring others to this website. This includes, but is not limited to, "spamming" via unsolicited commercial email, and posts in forums or newsgroups which do not allow such advertising. Member agrees that any violations of this provision cause damage to the website and its other members and may result in termination of membership without refund.

The member agrees to follow the terms indicated for each product. For example, the member agrees not to sell any product from the website unless it is specified as having "resale rights". The member agrees not to give away for free any product from the website unless it is specified as having "giveaway rights". The member agrees not to edit or alter any products he distributes, unless the product is specified as having "private label rights" or "branding rights" where the member has used a designated branding tool. Member agrees that any such violations of usage terms cause damage to the website and its other members and may result in termination of membership without refund.

The member agrees to provide or arrange for hosting for the website(s) he will use to sell or distribute the products from this website, including sales letters, graphics, and files which the member's customers or subscribers will view or download. The member agrees not to "hot link" to any graphics or other files on the site and to provide his own download area or delivery method. The member agrees not to link to any page inside the protected members area (anywhere below the "amember" directory) from any external site for any reason, except the login page.

Memberships cannot be shared. The member agrees to take reasonable precautions to keep his login information secure and not to disclose it to others. Members may be locked out of the site or have the membership terminated without refund if this provision is violated.

The publisher of the website has attempted to verify information presented on the website, but neither the publisher nor the author assumes any responsibility for errors, omissions, or your interpretation of the material in the products or this website.

Privacy Policy

We value your privacy. We collect personal information on this site, such as names and email addresses, which are collected only if you provide them to sign up for our newsletter, make a purchase, or obtain a membership. We do not sell, trade, or give your email address or any other information about you to third parties, except as necessary to process your order. We do not sell, rent, or trade "mailing lists". 

If you make a purchase from this site via PayPal, information you provide to them is subject to their privacy policy. PayPal does not give us your billing information (such as credit card or bank account numbers). The only information about you which they give us is your name, email address, and the name and the price of the product purchased. If you make a purchase, we use your email address to inform you about new products being added to the members area, as well as to inform you of other products we release, offer, or recommend. You may easily stop receiving email from us by following the instructions contained in each email message. Realize that if you remove yourself from our list, you are telling us not to email you again, so you will not receive further messages from us, including notifications of new products.

Any member with a free membership agrees to receive email messages from us, including offers. Unsubscribing from our email messages terminates any free membership privileges. Member agrees not to access members areas of the site after unsubscribing.

All members, free or paid, regardless of subscription status, agree to receive "transactional" messages from us for such purposes as lost password requests and any urgent site news or bulletins.

Members agree that, since they agreed to receive email messages from the club, they will not make any "spam complaints" with any third party regarding any messages sent by the club, since such complaints would be false, unnecessary, and cause harm to the owner of the website. Member agrees to pay damages to the website owner in the amount of $100 U.S. per complaint for any type of "spam complaint" initiated with any third party by the member regarding any email message received from this website. Member further agrees that any such complaint filed by the member will result in termination of membership, without refund.

If you received any email message mentioning this website which you believe to be "spam", forward it to us (with full headers, if possible), so we can take appropriate action. We do not send spam and do not tolerate spamming by anyone else on our behalf, nor do we tolerate false complaints.

Cancellations

Any member may cancel membership at any time. If a refund is desired, the refund policy below applies. Members who are in good standing at the time of cancellation and who do NOT seek a refund may keep any "resale rights" or other designated privileges obtained for products from the website during their membership.

Gold members who cancel may not join again as a gold member, so members should decide whether they are willing to leave forever before cancelling. Any member who leaves in good standing may apply for a bronze membership in the future.

Refund Policy

We offer a 30 day satisfaction guarantee on paid memberships purchased through this website. PayPal will email you a receipt for all purchases made through them; please keep your receipt for your records. If you are unsatisfied with your membership and desire a refund, simply contact us within 30 days of joining. Be sure to send us your name, email address, and username, so we can find it in our records. The best thing to do is to forward your PayPal receipt to us, since it contains the information we need. Under no circumstances will any refunds be issued after 30 days, regardless of whether the initial 30-day period of membership was paid or free, since the member will have had 30 days to evaluate whether the membership meets his/her needs.

Members agree that, since they have control over their subscription and billing, they will not seek a "chargeback" for any money paid to the owner of the website for membership dues or other purchases, since such chargebacks are unnecessary and cause harm to the owner of the website. Member agrees to pay damages in the amount of $500 U.S. for any chargeback initiated by the member regarding any purchase made from this website.

Any member who obtains a refund loses any "resale rights" obtained to products from the club and agrees to delete any such products and immediately stop distributing and selling them.

Disputes

All disputes arising out of, relating to or connected with these terms of use or your use of any part of the DigitalProductClub.com service will be exclusively resolved under confidential binding arbitration held in St. Petersburg, Florida using the English language, by a sole arbitrator applying Florida law (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these terms of use will be joined to an arbitration involving any other party subject to these terms of use, whether through class arbitration proceedings or otherwise. Any action to enforce an arbitrator's award will be brought in a federal or state court located in Pinellas County, Florida. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and Florida State courts in Pinellas County. By entering into these terms of use, the member hereby irrevocably waives any right he/she may have to join claims with those of others in the form of a class action or similar procedural device. Both parties agree that the terms of use is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the terms of use, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. Notwithstanding anything to the contrary in this Disputes Section, DigitalProductClub.com or its owner may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.

Last updated 1/26/2006