Effective Date:June 3, 2026
Last Updated: June3, 2026
These Website Terms of Use (these “Terms”) constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you” or “User”), and GoDigital Media Group, LLC, a California limited liability company, with offices at 1641 Worthington Road, Suite 410, West Palm Beach, FL 33409 (the “Company,” “GDMG,” “we,” “us,” or “our”), governing your access to and use of the website located at https://godigital.com and any related subdomains, mobile sites, applications, social media pages, application programming interfaces (APIs), feeds, and other media channels or properties owned, operated, or controlled by GDMG that link to these Terms (collectively, the “Site”).
BY ACCESSING OR USING THE SITE, BY CLICKING TO ACCEPT THESE TERMS, OR BY SUBMITTING ANY INFORMATION THROUGH THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, OUR PRIVACY POLICY, AND OUR COOKIE POLICY, EACH OF WHICH IS INCORPORATED INTO THESE TERMS BY THIS REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY.
THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER IN SECTION 18. PLEASE READ THAT SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF FIRST ACCEPTING THESE TERMS BY FOLLOWING THE PROCEDURE IN SECTION 18.6.
The Site is intended for users who are 18 years of age or older and who have the legal capacity to enter into a binding contract under applicable law. The Site is not directed to, and we do not knowingly collect information from, any individual under the age of 18. If you are not at least 18 years old, you may not access or use the Site. The Site is operated from the United States. The information and content available on the Site may not be appropriate or available for use in other jurisdictions. By accessing the Site from outside the United States, you do so on your own initiative and are responsible for compliance with all applicable local laws.
We reserve the right, in our sole discretion, to modify, amend, or replace these Terms at any time. The “Last Updated” date at the top of these Terms indicates when these Terms were last revised. Material changes will be effective upon posting to the Site unless a different effective date is specified. Your continued access to or use of the Site following the posting of any changes constitutes your acceptance of the revised Terms. You waive any right you may have to receive specific notice of each such change.
Please review our Privacy Policy, which describes how we collect, use, retain, share, transfer, and otherwise process personal information collected through the Site, and our Cookie Policy, which describes our use of cookies, pixels, web beacons, software development kits (SDKs), and similar tracking technologies. Both documents are incorporated into these Terms by reference. By using the Site, you consent to the practices described in those policies to the fullest extent permitted by applicable law.
Unless otherwise indicated, the Site and all source code, object code, software, databases, functionality, designs, layouts, page headers, button icons, scripts, audio, video, text, articles, photographs, graphics, illustrations, and other content displayed or made available on or through the Site (collectively, the “Content”), together with all trademarks, service marks, trade names, trade dress, logos, and slogans appearing on the Site (collectively, the “Marks”), are owned or controlled by, or licensed to, GDMG and its subsidiaries, affiliates, parent entities, and commonly controlled entities (together with GDMG, the “GDMG Family”). The Content and the Marks are protected by United States and international copyright, trademark, patent, trade secret, unfair competition, and other intellectual property and proprietary rights laws.
All rights not expressly granted to you in these Terms are reserved by GDMG and the GDMG Family. Nothing in these Terms grants you any license or right, by implication, estoppel, or otherwise, in or to the Content or the Marks except as expressly provided herein.
Except with the prior written authorization of GDMG and the execution of a written license agreement with GDMG (an “AI License”), no part of the Site, Content, or Marks may be copied, reproduced, scraped, aggregated, indexed, mined, harvested, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, sublicensed, or otherwise exploited, in whole or in part, for any commercial purpose, including without limitation for purposes of training, fine-tuning, validating, testing, benchmarking, evaluating, grounding, retrieval-augmented generation (RAG), embedding, or otherwise developing, improving, or operating any artificial intelligence, machine learning, large language model, generative AI system, foundation model, software model, algorithm, dataset, application, product, or service (“AI System”). This express reservation of rights is intended to constitute a machine-readable opt-out under all applicable laws, including Article 4(3) of the European Union Directive 2019/790 on Copyright in the Digital Single Market, and a notice of non-consent to text and data mining of any kind.
Subject to your continuing compliance with these Terms, GDMG grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access the Site and to view and download a single copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial, informational use. You shall not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices appearing on or in the Site or any Content.
By accessing or using the Site, you represent and warrant that:
(a) youhave the legal capacity to enter into and comply with these Terms;
(b) youare at least 18 years of age;
(c) youwill not access or use the Site through automated or non-human means, whetherthrough a bot, script, scraper, crawler, or otherwise, except in accordancewith publicly published search engine indexing rules and our robots.txt file;
(d) youwill not use the Site for any unlawful, infringing, fraudulent, deceptive, orunauthorized purpose;
(e) allinformation you submit through the Site is true, accurate, current, andcomplete; and
(f) your use of the Site will not violate anyapplicable law, regulation, or these Terms.
As a condition of your access to the Site, you agree not to, and not to attempt to:
(a) systematically retrieve, scrape, harvest, index, mine, or otherwise extract data or Content from the Site, whether for the purpose of creating or compiling a collection, compilation, database, directory, or AI System, or for any other purpose, except in accordance with our robots.txt file or with our prior written consent and an executed AI License where AI uses are contemplated;
(b) circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of Content or enforce limitations on the use of the Site;
(c) make unauthorized use of the Site, including collecting usernames, email addresses, or other personal information of users by electronic or other means for the purpose of sending unsolicited communications, or creating user accounts by automated means or under false pretenses;
(d) use the Site, or the Content, in any manner inconsistent with any applicable law, regulation, or these Terms;
(e) engage in unauthorized framing of, linking to, mirroring of, or deep-linking to the Site;
(f) upload, transmit, or distribute (or attempt to do so) any viruses, worms, Trojan horses, time bombs, spyware, malware, or other harmful or destructive code, files, scripts, agents, or programs;
(g) interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;
(h) delete, alter, or obscure any copyright, trademark, or other proprietary notice from any Content;
(i) impersonate any person or entity or misrepresent your affiliation with any person or entity;
(j) harass, abuse, threaten, defame, stalk, or otherwise infringe the legal rights (such as rights of privacy and publicity) of others, or our employees, officers, contractors, or agents;
(k) decipher, decompile, disassemble, or reverse engineer any of the software comprising, used by, or in any way making up a part of the Site;
(l) except as permitted by Section 6, use, launch, develop, or distribute any automated system, including any spider, robot, scraper, offline reader, or unauthorized script, to access the Site;
(m) use the Site as part of any effort to compete with us or otherwise use the Site or any Content for any commercial enterprise or revenue-generating endeavor not expressly authorized in writing by GDMG; or
(n) use the Site or any Content for purposes of training, fine-tuning, validating, testing, benchmarking, evaluating, grounding, or otherwise developing, improving, or operating any AI System without our prior written authorization and an executed AI License.
Any violation of this Section 8 may result in immediate suspension or termination of your access to the Site and may subject you to civil liability and criminal prosecution.
The Site may permit you to submit, transmit, post, upload, or otherwise make available to GDMG content, information, communications, questions, comments, ideas, feedback, suggestions, requests, materials, files, audio, video, photographs, graphics, text, or other materials (collectively, “Submissions”), including through the contact form, email links, chat features, or other interactive functionality.
Please do not submit through the Site, including through any contact form, any sensitive personal information that you do not wish GDMG, the GDMG Family, and our third-party service providers and partners to collect, use, store, share, and otherwise process in accordance with our Privacy Policy. This includes, by way of example and without limitation, Social Security numbers, driver’s license or passport numbers, government-issued identification numbers, financial account or payment card information, precise geolocation data, health or medical information, biometric data, login credentials, racial or ethnic origin, religious or philosophical beliefs, political opinions, trade union membership, sexual orientation, genetic data, immigration status, and any other information that may be considered “sensitive personal information” under applicable law. The Site does not require, and is not designed to collect, payment card information, financial account information, or Social Security numbers. If you nonetheless choose to submit any such information, you do so voluntarily and at your own risk, and you authorize GDMG to handle such information consistent with our Privacy Policy and applicable law.
By making any Submission, you grant to GDMG and the GDMG Family a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, transferable, sublicensable (through multiple tiers), non-exclusive license and right to host, store, cache, reproduce, copy, modify, adapt, translate, create derivative works of, publish, publicly perform, publicly display, distribute, transmit, broadcast, stream, communicate, make available, archive, analyze, ingest, index, exploit, and otherwise use such Submissions (in whole or in part, including your name, voice, image, and likeness as included in the Submission, if any), in any and all media now known or hereafter developed, for any purpose, commercial or otherwise, including for marketing, advertising, promotion, product development, research, training of internal AI Systems used by GDMG and the GDMG Family, business analytics, and any other lawful business purpose of GDMG and the GDMG Family. You waive, to the maximum extent permitted by applicable law, any moral rights, rights of attribution, rights of integrity, and similar rights you may have in any Submission, and you agree not to assert any such rights against GDMG, the GDMG Family, or their respective licensees, successors, or assigns.
By making any Submission, you represent and warrant that:
(a) you are the sole author and owner of, or otherwise have all necessary rights, licenses, consents, permissions, and releases in and to, the Submission to grant the license set forth in Section 9.3;
(b) the Submission, and our use of the Submission as contemplated by these Terms, will not infringe, misappropriate, or otherwise violate the intellectual property, privacy, publicity, or other rights of any third party;
(c) the Submission is not false, inaccurate, misleading, defamatory, obscene, harassing, threatening, hateful, unlawful, or otherwise objectionable;
(d) the Submission does not contain any unsolicited advertising, promotional materials, chain letters, pyramid schemes, mass mailings, or any other form of solicitation;
(e) the Submission does not contain malware, viruses, or other harmful code; and
(f) the Submission does not contain personal information of any third party without that third party’s express consent and to the extent permitted by applicable law.
GDMG has no obligation to monitor, review, or moderate Submissions, but reserves the right (without obligation) at any time and in our sole discretion to edit, redact, refuse, restrict, remove, delete, or disable any Submission, in whole or in part, for any reason or for no reason, without notice and without liability.
By providing your email address, telephone number, or other contact information through the Site, you consent to receive electronic communications from GDMG and the GDMG Family relating to your inquiry, your Submission, the Site, and these Terms. You agree that any notices, agreements, disclosures, or other communications we send to you electronically will satisfy any legal requirement that such communications be in writing.
GDMG may send you commercial email messages in compliance with the federal CAN-SPAM Act (15 U.S.C. §§ 7701 et seq.) and, where applicable, Canada’s Anti-Spam Legislation (CASL) and the EU/UK ePrivacy regimes. You may opt out of marketing emails at any time by clicking the “unsubscribe” link in the footer of any marketing email or by contacting us at privacy@godigital.com. Opting out of marketing emails will not affect transactional, administrative, or relationship messages necessary to respond to your inquiry or to operate the Site.
Members of the GDMG Family with which we share your personal information (consistent with our Privacy Policy) may, where you have provided express written consent in compliance with the Telephone Consumer Protection Act, 47 U.S.C. § 227, and its implementing regulations (the “TCPA”), send you text or SMS marketing messages using an automatic telephone dialing system or prerecorded voice. Message and data rates may apply. Message frequency varies. You may opt out of text/SMS messages at any time by replying STOP to any such message or by following the opt-out instructions provided in the message. Consent to receive marketing messages is not a condition of any purchase or of using the Site.
The Site may contain links or references to third-party websites, applications, services, advertisements, articles, photographs, text, graphics, pictures, designs, music, sound, video, information, software, or other content (“Third-Party Content”). Third-Party Content is not investigated, monitored, or verified by GDMG, and GDMG is not responsible or liable for any Third-Party Content or for the privacy, security, or other practices of any third party. Inclusion of, linking to, or permitting the use of any Third-Party Content does not imply approval or endorsement by GDMG. Your interactions with any third party are solely between you and the third party.kies, please contact us:
We reserve the right, but assume no obligation, to: (a) monitor the Site for violations of these Terms; (b) take appropriate legal action against any User who, in our sole discretion, violates the law or these Terms, including reporting such User to law enforcement authorities; (c) refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any Submission or any portion thereof; (d) remove from the Site or otherwise disable all files and content that are excessive in size or otherwise burdensome to our systems; and (e) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
GDMG respects the intellectual property rights of others. If you believe in good faith that material accessible on or through the Site infringes a copyright you own or control, please send a written notification (a “Notification”) to our Designated Copyright Agent. To be effective under 17 U.S.C. § 512(c)(3), your Notification must include:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed (or, if multiple works are covered, a representative list);
(c) identification of the material claimed to be infringing or the subject of infringing activity, with information reasonably sufficient to permit us to locate the material (such as a URL);
(d) information reasonably sufficient to permit us to contact you, including your address, telephone number, and email address;
(e) a statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) a statement, made under penalty of perjury, that the information in the Notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be liable for damages.
If your material was removed or disabled as a result of a mistake or misidentification, you may submit a written counter-notification to our Designated Copyright Agent that includes:
(a) identification of the material that has been removed or disabled and the location where the material appeared before it was removed or disabled;
(b) a statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification;
(c) your name, address, and telephone number;
(d) a statement that you consent to the jurisdiction of the United States District Court for the judicial district in which your address is located, or, if your address is outside the United States, for any judicial district in which GDMG may be found, and that you will accept service of process from the person who provided the original Notification or that person’s agent; and
(e) your physical or electronic signature.
GDMG has adopted a policy of terminating, in appropriate circumstances and in our sole discretion, Users who are deemed to be repeat infringers.
Sagar Parikh, Esq. Attn: Copyright Agent 9777 Wilshire Blvd., Suite 400 Beverly Hills, CA 90212 Email: sp@beverlyhillslawcorp.com
These Terms remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING IP ADDRESSES) TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OF, OR PARTICIPATION IN, THE SITE OR DELETE ANY SUBMISSION AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
We reserve the right to change, modify, suspend, or discontinue any portion of the Site at any time and without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Site. We cannot guarantee that the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance, resulting in interruptions, delays, or errors. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.
These Terms and your use of the Site are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. For any claim or dispute not subject to arbitration under Section 18 (including IP injunctive relief actions under Section 18.4 and small-claims actions under Section 18.5), the exclusive forum is the state and federal courts located in Los Angeles County, California, and you irrevocably consent to the personal jurisdiction of such courts.
You agree that any cause of action arising out of or related to the Site or these Terms must be commenced within one (1) year after the cause of action accrues, or be permanently barred, to the maximum extent permitted by applicable law.
PLEASE READ THIS SECTION 18 CAREFULLY. IT REQUIRES YOU AND GDMG TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS, COLLECTIVE, OR REPRESENTATIVE ACTIONS. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS OF FIRST ACCEPTING THESE TERMS BY FOLLOWING THE PROCEDURE IN SECTION 18.6.
You and GDMG agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, the Cookie Policy, the Site, any Submission, or your relationship with GDMG (collectively, a “Dispute”) will be resolved exclusively by final and binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect (the “AAA Rules”), except as modified by this Section 18. The AAA Rules and information about how to initiate an arbitration are available at www.adr.org. This Section 18 is governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.
The arbitration will be conducted by a single neutral arbitrator. Unless you and GDMG agree otherwise, any in-person hearing will take place in Los Angeles County, California, or, at your election, in the county of your residence; provided that telephonic or video arbitration is permitted for claims of US $25,000 or less. The arbitrator will have authority to grant any remedy available in a court of competent jurisdiction sitting in California, but only on an individual basis, and may not award relief that would affect any person other than you and GDMG. The arbitrator’s award will be final and binding, and judgment may be entered on the award in any court of competent jurisdiction.
YOU AND GDMG AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, MASS, OR REPRESENTATIVE PROCEEDING (collectively, “Class Actions”). The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated, and may not preside over any form of Class Action. If a court or arbitrator decides that any portion of this Section 18.3 is invalid or unenforceable with respect to a particular claim, that claim (and only that claim) will be severed from the arbitration and brought in the courts identified in Section 16; the remainder of this Section 18 will continue to apply.
Notwithstanding Section 18.1, either party may bring an action in any court of competent jurisdiction seeking injunctive or other equitable relief to protect or enforce its intellectual property rights, trade secrets, or confidential information, or to address any actual or threatened violation of Sections 5, 6, 8, 9.3, or 9.4 of these Terms.
Notwithstanding Section 18.1, either party may bring an individual action in any small-claims court of competent jurisdiction if the claim qualifies under that court’s jurisdictional limits and is brought solely in such court.
You have the right to opt out of this Section 18 by sending a written opt-out notice to GDMG at the address in Section 26, with a copy to legal@godigital.com, within thirty (30) days after the date you first accept these Terms. Your opt-out notice must include your full name, mailing address, the email address you used to access the Site (if any), and a clear statement that you do not wish to resolve Disputes through arbitration. Opting out of this Section 18 will not affect any other provision of these Terms. If you opt out, Disputes will be resolved in the courts identified in Section 16. Failure to provide a timely opt-out notice constitutes acceptance of this arbitration provision.
TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVES ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR ANY DISPUTE THAT IS NOT SUBJECT TO ARBITRATION UNDER THIS SECTION 18.
If any portion of this Section 18 is found to be unenforceable or unlawful, then (a) the unenforceable or unlawful provision shall be severed, (b) severance shall have no effect upon the remainder of this Section 18 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 18, and (c) any claim that, as a result, proceeds in court rather than arbitration shall be brought in the courts identified in Section 16.
The Site may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Site at any time, without prior notice.
THE SITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SITE AND CONTENT IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GDMG AND THE GDMG FAMILY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. GDMG MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, AVAILABILITY, OR SECURITY OF THE SITE OR ANY CONTENT, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (A) ERRORS, MISTAKES, OR INACCURACIES IN ANY CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE; (E) ANY VIRUSES, MALWARE, OR THE LIKE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY; OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GDMG, THE GDMG FAMILY, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, OR COSTS OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, ANY CONTENT, OR ANY SUBMISSION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF GDMG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, THE AGGREGATE LIABILITY OF GDMG AND THE GDMG FAMILY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR ANY SUBMISSION, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID, IF ANY, BY YOU TO GDMG FOR ACCESS TO THE SITE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) US $100.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless GDMG and the GDMG Family, and each of their respective officers, directors, members, managers, employees, agents, contractors, licensors, successors, and assigns (the “Indemnified Parties”), from and against any and all claims, demands, actions, proceedings, losses, damages, liabilities, settlements, judgments, costs, and expenses (including reasonable attorneys’ fees and disbursements) arising out of or relating to: (a) any Submission you make; (b) your access to or use of the Site; (c) your breach of these Terms; (d) your violation of any applicable law, regulation, or third-party right (including any intellectual property, privacy, or publicity right); and (e) any harmful act toward another User of the Site. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claim. You shall not settle any matter for which you are indemnifying us without our prior written consent.
If any complaint with GDMG is not satisfactorily resolved, California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254. California residents may also have additional rights under the California Consumer Privacy Act, as amended by the California Privacy Rights Act, which are described in our Privacy Policy.
You may not access or use the Site if you are (a) a resident or national of any country, region, or territory subject to comprehensive U.S. sanctions (currently including Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, Luhansk, and Kherson regions of Ukraine), (b) listed on any U.S. or other applicable sanctions or export-control list (including the U.S. Treasury Department’s Specially Designated Nationals and Blocked Persons List), or (c) otherwise prohibited from accessing the Site under any applicable export-control or sanctions law. You agree to comply with all applicable export-control and sanctions laws and regulations in connection with your use of the Site.
Neither party will be liable for any failure or delay in performance under these Terms (other than payment obligations) due to any cause beyond its reasonable control, including acts of God, natural disasters, pandemics, epidemics, government action, war, civil unrest, terrorism, cyber-attack, internet or telecommunications failure, labor disputes, or material shortages.
These Terms, together with the Privacy Policy, Cookie Policy, and any other agreements or policies expressly referenced herein, constitute the entire agreement between you and GDMG regarding the Site and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to the subject matter.
GDMG’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
If any provision of these Terms is held to be unlawful, void, or unenforceable, such provision will be severed, and the remaining provisions will continue in full force and effect.
GDMG may assign these Terms, in whole or in part, to any successor in interest, to any member of the GDMG Family, or in connection with any merger, acquisition, reorganization, restructuring, or sale of all or substantially all of its assets, without your consent. You may not assign or transfer these Terms or any of your rights or obligations hereunder without our prior written consent. Any attempted assignment in violation of this Section is void.
Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and GDMG.
Except for the GDMG Family and the other Indemnified Parties (each of which is an intended third-party beneficiary of the indemnification, limitation of liability, and IP provisions of these Terms), there are no third-party beneficiaries to these Terms.
You agree that these Terms may be accepted electronically and that any such electronic acceptance has the same legal effect as a handwritten signature. You waive any defenses based on the electronic form of these Terms.
All legal notices to GDMG must be in writing and sent by reputable overnight courier to:
GoDigital Media Group, LLC Attn: Legal Department 1641 Worthington Road, Suite 410 West Palm Beach, FL 33409 Email: legal@godigital.com
These Terms will not be construed against the drafting party. The headings in these Terms are for convenience only and do not affect interpretation. Words such as “including” are deemed to be followed by “without limitation.”
If you have questions or comments about these Terms, please contact us at:
GoDigital Media Group, LLC 1641 Worthington Road, Suite 410 West Palm Beach, FL 33409
Email: legal@godigital.com