Digital Pigeon is a premium digital file transfer service. The Service allows users to send files up to 100 GB, depending on your subscribed account type, to one or more recipients (as identified by a valid email address). Digital Pigeon provides several accounts types: freelance, boutique, business, business plus and enterprise. The other account types are subscription services necessitating payment.
In order to use the Service and send files, you must register and create a Digital Pigeon account. Once you have created an account, you will then be a "Registered User." In creating an account, you agree to provide accurate, current, and complete information. We encourage you to protect this information, as you are responsible for safeguarding the password that you use to access the Service. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Digital Pigeon of any unauthorized use of your password. You are responsible for keeping your account information current and accurate; Digital Pigeon and its parent company Sixty Digits Pty Ltd. will have no liability for failure to deliver notices that result from inaccurate account information or otherwise.
When you register for an account, and at any time thereafter, you can select what term of subscription you prefer and the frequency with which you will pay for it. Digital Pigeon paid accounts are subscription services with recurring credit card charges on a monthly/yearly basis (as selected by you during registration or subsequent configuration). For certain premium accounts, Digital Pigeon may offer the choice of credit card payments or corporate account invoicing. You agree to pay all account charges, and to pay any applicable taxes and other fees that accrue in elation to your use of the Service. For accounts setup on an invoice basis, you agree to pay Digital Pigeon all amounts stated in such invoices within thirty (30) days of receipt.
Responsibility for Data
You have sole responsibility for all User Files that you store on Digital Pigeon's servers through use of the Service. You acknowledge and agree that Digital Pigeon will not be responsible for any failure of the Service to store a User File, for the deletion of a User File stored on the Service, or for the corruption of or loss of any data, information or content contained in a User File.
You will not use the service to transmit, route, provide connections to or store any material that infringes any copyrights or otherwise violates or promotes the violation of the intellectual property rights of any third party. Digital Pigeon has adopted and implemented a policy that provides for the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be infringing the rights of copyright holders. Digital Pigeon reserves the right, in its sole discretion, at any time, to remove User Files that it believes to be in violation of this Agreement.
All right, title, and interest in and to the Service is and will remain the exclusive property of Digital Pigeon and its licensors. The Service is protected by copyright, trademark, and other laws of the United States, European Union and Australia. Except as expressly permitted in this Agreement, you may not reproduce, modify, or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Service.
Ownership of User Files
Digital Pigeon does not claim any ownership rights in any User Files that you make available through the Service. However, by making User Files available through the Service, you grant Digital Pigeon the non-exclusive, worldwide, transferable right, on a royalty-free basis, with a right to sublicense this right only to third parties assisting Digital Pigeon in providing the Service, to use, copy, distribute and process User Files on the Sites and through the Service on your behalf and on behalf of your customers solely for the purposes of ensuring secure transfer and delivery of such User Files.
Digital Pigeon is a trademark owned by Sixty Digits Pty Ltd. All other trademarks, service marks, product names, and logos appearing on the Service are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on the Service without the owner's prior written consent.
As a condition to your use of the Service, you agree NOT to:
- Upload or transmit any User File:
- that you do not have the lawful right to copy, transmit, distribute, and display (including any User Files that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Files);
- for which you do not have the consent or permission of each identifiable person in the User Files to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Files);
- that infringes or misappropriates the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
- that is false or misleading;
- that is defamatory;
- that is obscene, abusive, invasive of privacy, or otherwise objectionable, including content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts;
- that promotes bigotry, racism, hatred, or harm against any individual or group; or
- that violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
- Access, tamper with, or use any non-public areas of the Service or Digital Pigeon's computer systems or the technical delivery systems of Digital Pigeon's providers;
- Attempt to probe, scan, or test the vulnerability of the Service or any related system or network or breach any security or authentication measures used in connection with the Service and such systems and networks;
- Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service;
- Harm or threaten to harm other users in any way or interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
- Send unsolicited email, junk mail, spam, chain letters, or promotions or advertisements for products or services;
- Impersonate or misrepresent your affiliation with any person or entity.
The Service may contain links to third-party websites. You acknowledge and agree that Digital Pigeon is not responsible or liable for: (i) the availability or accuracy of such websites; or (ii) the content, products, or services on or available from such websites. Links to such websites do not imply any endorsement by Digital Pigeon of such websites or the content, products, or services available from such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites.
Termination & Refund
You may cancel a paid account at any time in your account settings on the site. For accounts billed annually, if you cancel within fourteen (14) days of the beginning of the annual term, Digital Pigeon will convert your account to a free account and refund to you 90% of the subscription fees paid for the then-current term. If you cancel an account that is billed on a monthly basis, or you cancel an annual account after the first fourteen (14) days, Digital Pigeon will not refund any fees paid by you. Instead, your account will remain active for the remainder of the term for which you paid and will then be converted to a free account. Digital Pigeon reserves the right to discontinue the Service or to change the Service at any time and without notice, except that Digital Pigeon will provide notice of such discontinuation to corporate account holders. In the event of such discontinuation, Digital Pigeon will refund any fees paid by you, prorated proportionally to the amount of time remaining in the then-current subscription period. For month-to-month accounts, that period is one month, fo annual accounts, that period is one year. If you breach this Agreement, Digital Pigeon will have the right to terminate this Agreement immediately, without notice, and to deactivate your account. In the event of your breach of this Agreement, Digital Pigeon will not be required to refund any fees paid by you.
Disclaimer of Warranties
The Service is provided "as-is," without warranty of any kind, either express or implied. Without limiting the foregoing, Digital Pigeon explicitly disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. Digital Pigeon makes no warranty that the Service will meet your requirements or will be available on an uninterrupted, secure, or error-free basis. Your use of the Service is at your own risk. You acknowledge and agree that Digital Pigeon will not be responsible for any damages to your computer system or the computer system of any third party that result from use of the Service.
You will defend, indemnify, and hold harmless Digital Pigeon and its parent company Sixty Digits Pty Ltd., its officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service, or your violation of this Agreement, including without limitation third party claims that User Files submitted to the Service by you infringe or misappropriate the intellectual property rights, privacy rights, publicity rights, or moral rights of a third party.
Limitation of Liability
Digital Pigeon and its parent company Sixty Digits Pty Ltd. will not be liable to you or to any third party for any incidental, special, consequential or punitive damages arising out of or in connection with this Agreement or from the use of or inability to use the Service or any User Files sent through, stored by or downloaded from the Service, whether based on warranty, contract, tort (including negligence) or any other legal theory, and whether or not Digital Pigeon has been informed of the possibility of such damage, even if any limited remedy set forth herein is found to have failed of its essential purpose.
You will not assign any rights granted to you or delegate any of your duties hereunder; any attempt to do so is void and of no effect. Digital may freely assign these Terms of Service and the rights granted hereunder without restriction. Nothing in this Agreement shall constitute a partnership or joint venture between you and Digital Pigeon. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and affect. Digital Pigeon may provide you with notices, including those regarding changes to the Service by email or by postings on the Service. The failure of Digital Pigeon to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. The headings and captions are for convenience only and are not to be used in the interpretation of this Agreement.
If you have any questions about this Agreement, please contact firstname.lastname@example.org