Terms of Service

Diggity Marketing Terms of Service

This Terms of Service agreement is between you and Diggity Marketing in regard to its products and services (“Diggity Marketing”).

  1. Your Acceptance
    1. By visiting or using the Diggity Marketing website or any Diggity Marketing products, software, data feeds, and services provided to you on, from, or through the Diggity Marketing website (collectively the “Service”) you signify your agreement to (1) these terms and conditions (the “Terms of Service”), (2) Diggity Marketing’s Privacy Policy, found at http://diggitymarketing.com and incorporated herein by reference. If you do not agree to any of these terms or the Diggity Marketing Privacy Policy please do not use the Service.
    2. You should periodically review the most up-to-date version of these Terms of Services, located at http://diggitymarketing.com, although we may attempt to notify you when major changes occur. Diggity Marketing reserves the right, in its sole discretion, to modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
  2. Service
    1. Backlink Services. Diggity Marketing agrees to provide the customer with website back links as described on http://diggitymarketing.com for the sole purpose of search engine optimization (SEO) (“Services”). Diggity Marketing is authorized to use the specific URL and keywords/phrases given in an order for development, improvement of site ranking in search engines. Diggity Marketing reserves the right to refuse to accept, engage, or otherwise provider Services with regard to any Content or site. The Services provided at this site come with no guarantee of success, and therefore, all numbers, figures, and claims are estimates and speculations.
    2. These Terms of Service apply to all users of the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, sound recordings, compositions, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to third-party websites.
    3. The Service may contain links to third-party websites that are not owned or controlled by Diggity Marketing. Diggity Marketing has no control over, and assumes no responsibility for, the Content, privacy policies, or practices of any third-party websites. In addition, Diggity Marketing will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Diggity Marketing from any and all liability arising from any third-party website.
    4. Accordingly, we encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each other website that you visit.
  3. Diggity Marketing Accounts
    1. Although Diggity Marketing will not be liable for your losses caused by any unauthorized use of your account or the content you maintain in your account, you may be liable for the losses of Diggity Marketing or others as a consequence of such unauthorized use.
  4. General Use of the Service—Permissions and Restrictions

    Diggity Marketing hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that you understanding the following:

    1. You are at least thirteen (13) years of age. Any registration, use of or access to the Services, by anyone under the age of thirteen (13) is unauthorized and is a violation of this Agreement.
    2. Diggity Marketing does not endorse or support any of the subjects or opinions on any site the yours or any third-party back link might be directing to. Diggity Marketing will not be held liable for any misrepresentation of a customer or their site.
    3. SEO link indexing, ranking or rise in SERPs are NOT guaranteed under ANY condition. It common for search engines to analyze over 220 on-page and off-page ranking factors and, as such, Diggity Marketing cannot control every aspect of yours or a third-party SEO or results.
    4. You are responsible for any changes made to your site that could conflict with any service ordered at http://diggitymarketing.com. Change in site structure or Content can affect SEO results.’
    5. Diggity Marketing or its owners shall not be not responsible or make any representations with regard to any SEO theory such as ‘sandboxing’, ‘Google dance’, de-indexing, de-ranking or any other known or unknown possible negative impact from using the services offered by Diggity Marketing.
    6. In no event will Diggity Marketing be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with any use of this Service. BUY AND USE THE SERVICES CONTAINED AT YOUR OWN RISK.
    7. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
    8. Reports rendered to you as a part of the service ordered are not guaranteed to be accurate or a full representation of the services ordered. Diggity Marketng will make commercially reasonable efforts to provide the most accurate reporting data for the service purchased, but it is not always possible to provide all data due to reasons beyond Diggity Marketing’s control.
    9. If at any time your serviced website uses any of the following, you will be eligible for termination:
      • Use SAPE
      • Use GSA/SENuke/etc directly
      • Using GSA/SENuke/etc on tier 2, either through Web 2.0s or “boosted citations”
      • Have or will be using the disavow tool
      • Have had penalties in the past
      • Have removed penalty with a single or double 301 redirect.
      • Are currently using another PBN
    10. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
    11. You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Diggity Marketing is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Diggity Marketing with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Diggity Marketing, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
    12. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the Diggity Marketing servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Diggity Marketing grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Diggity Marketing reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
    13. In your use of the Service, you will comply with all applicable laws.
    14. Diggity Marketing reserves the right to discontinue any aspect of the Service at any time.
    15. If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
    16. Lastly you warrant and represent that you are not an employee or contractor for Google Inc., Yahoo!, or the Microsoft Corporation. Any registration, use of, or access to the Services by anyone under the employment of Google Inc., Yahoo!, or the Microsoft Corporation is strictly prohibited and is a violation of this agreement.
  5. Your Use of Services

    In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.

    1. The Content on the Diggity Marketing website as well as Content provided with Diggity Marketing, including, but not limited to, trademarks, service marks and logos (“Marks”) are owned by or licensed to Diggity Marketing, subject to copyright and other intellectual property rights under the law. All trademarks of Diggity Marketing are the exclusive property of Diggity Marketing and any unauthorized use of such marks is strictly prohibited.
    2. Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by Diggity Marketing on the Service for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Diggity Marketing or the respective licensors of the Content. Diggity Marketing and its licensors reserve all rights not expressly granted in and to the Service and the Content.
  6. Your Content and Conduct
    1. You shall be solely responsible for your own Content published in your site. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit on your website.
    2. For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Diggity Marketing, you hereby grant Diggity Marketing a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and publicly perform the Content in connection with the Service and Diggity Marketing’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, publicly display and perform such Content as permitted through the functionality of the Service and under these Terms of Service. The above licenses granted by you in video Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your videos from the Service. You understand and agree, however, that Diggity Marketing may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
    3. You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have explicit permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant Diggity Marketing all of the license rights granted herein.
    4. You further agree that you will not submit to the Service any Content or other material that is contrary to the Diggity Marketing Community Guidelines, currently found at Diggity Marketing.com/t/community_guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
    5. Diggity Marketing does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Diggity Marketing expressly disclaims any and all liability in connection with Content. Diggity Marketing does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and Diggity Marketing will remove all Content if properly notified that such Content infringes on another’s intellectual property rights in accordance with the Digital Millennium Copyright Act (http://www.copyright.gov/legislation/dmca.pdf). Diggity Marketing reserves the right to remove Content without prior notice.
  7. Account Termination Policy
    1. Diggity Marketing reserves the right, in its sole discretion, to decide whether Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, hate speech, violence, or excessive length. Diggity Marketing may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s account for submitting such material in violation of these Terms of Service.
  8. Warranty Disclaimer

    YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DIGGITY MARKETING, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. DIGGITY MARKETING MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICES OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. DIGGITY MARKETING DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DIGGITY MARKETING WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

  1. Limitation of Liability

    IN NO EVENT SHALL DIGGITY MARKETING, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

    YOU SPECIFICALLY ACKNOWLEDGE THAT DIGGITY MARKETING SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

  1. Indemnity

    To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Diggity Marketing, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.

  1. Ability to Accept Terms of Service

    You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.

  1. Assignment

    These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Diggity Marketing without restriction.

  1. General

    You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Diggity Marketing, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Diggity Marketing that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Orange County, California. These Terms of Service, together with the Privacy Policy http://diggitymarketing.com/privacy-policy/.  and any other legal notices published by Diggity Marketing on the Service, shall constitute the entire agreement between you and Diggity Marketing concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Diggity Marketing’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Diggity Marketing reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Service following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND DIGGITY MARKETING AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Updated: September 20, 2017