Terms & Conditions

 

Last updated on July 2, 2025

 

We are The Digitizing Diva LLC ("Company," "we," "us," "our").

 

The following Terms and Conditions ("Terms," "Terms of Use") govern access to and use of our website https://www.thedigitizingdiva.com (the "Site") and the services offered by The Digitizing Diva LLC (the "Service"). Please review these Terms carefully. These Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and The Digitizing Diva LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood and agreed to be bound by all of these Terms. If you do not agree with these Terms, you may not access or use the site or the service. We reserve the right, in our sole discretion, to make changes or modifications to these Terms, which will become effective immediately upon posting. We will alert you of these changes by updating the "Last updated" date of these Terms, and you waive any right to receive specific notice of each such change.

 

1. SERVICE

The Digitizing Diva LLC maintains this website to provide online access to information about us and the products and Services we provide. You need to be at least 18 years old and a resident of the United States to participate in the Service. The Services provided by us are subject to a separate Customer Agreement (the "Customer Agreement"). If you are a non-U.S. resident, you may access this Site solely at your own risk and are responsible for compliance with local laws and regulations, if applicable.

 

You are solely responsible for your use of and activity in relation to the Site and the Service. Your permission to use the Service and the Site is conditioned upon the following use and conduct restrictions. You agree that you will not under any circumstances:

Post or submit any content that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;

Create a false identity or impersonate any person, including without limitation, identities falsely indicating that you are an official or representative of the Digitizing Diva LLC, message board moderator, guide, or another user;

Use the Service for any unlawful purpose or for the promotion of illegal activities;

Distribute or submit unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales,“junk mail,”“spam,"“chain letters,” pyramid schemes,”“contests,”“sweepstakes,”or any other form of solicitation;

Attempt to, or harass, abuse or harm another person; Provide false or inaccurate information to The Digitizing Diva LLC;

Interfere or attempt to interfere with the proper functioning of the Site or Service;

Make any automated use of the Site or Service, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure; copy, modify or distribute rights from the Site or Service or The Digitizing Diva's copyrights and trademarks;

Submit content or materials that are subject to intellectual property protection, including without limitation, copyright, trademark or patent rights, or otherwise subject to third party proprietary rights, including without limitation, privacy and publicity rights, unless you are the owner of such rights or have permission from the owner of such rights to post said content or materials and to grant us all of the license rights necessary to transmit or maintain such content and materials on or through the Site;

Bypass any robot exclusion headers or other measures we take to restrict access to the Site or the Service or use any software, technology, or device to scrape, spider, or crawl the Site or harvest or manipulate data;

or Publish, submit or link to malicious content intended to damage or disrupt the browser, computer or systems of The Digitizing Diva LLC or of any other person or entity.

 

You acknowledge that people participating in public or semi-public spaces on the Site, including any blog or message board we may make available (collectively the "Forums") occasionally post content or material, or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, illegal or deceptive. We neither endorse nor are responsible for such submissions or statements, or for any opinion, advice, information or other utterance made or displayed on the Site, including in the Forums, by any third person. The opinions expressed in the Forums reflect solely the opinion(s) of the participants of the Forums and do not necessarily reflect the opinion(s) of The Digitizing Diva LLC. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in submissions or other content posted by our users or for any results obtained from the use of any such statements or information. Under no circumstances will we or our affiliates, agents, suppliers or other users be liable for any loss or damage caused by your reliance on any content or material submitted to us or on any information or materials obtained through the Site.

 

We have no obligation to monitor the Site, the Forums or any submissions or other materials that you or other third persons or parties transmit or post on the Site or the Forums. You acknowledge and agree that we have the right (but not the obligation) to do any or all of the following, at our sole discretion: (a) alter, remove or refuse to post or allow to be posted or stored any user-submitted content, material or message; (b) monitor and/or filter any of your communications through the Forums (including without limitation, by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); and/or (c) disclose any submission or message or any communication through the Forums, and the circumstances surrounding the transmission thereof, to any third party in order to operate the Site to (i) protect us and our employees, officers, directors, shareholders, agents, representatives, affiliates, users and visitors; (ii) to comply with legal obligations or governmental requests; (iii) to enforce these Terms of Use; or (iv) for any other reason or purpose.

 

Any material, content or information that you submit, supply, provide, transmit or otherwise make available to us or the Site (including the Forums or any third-party services the Company may use in connection with the Service), including all intellectual property rights in such content, including but not limited to all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights (and associated goodwill), trade secret rights, and all other intellectual property and proprietary rights as may now exist or hereafter come into existence, and all applications for any of these rights and registrations, renewals and extensions of any of these rights, in each case under the laws of any state, country, territory or other jurisdiction, is referred to in these Terms of Use as “User Content.” You retain all of your rights in all of the User Content you provide to us.

 

By posting or submitting User Content or material to the Site, including the Forums, or any third-party services the Company may use in connection with the Service, you represent and warrant (A) that you own or otherwise control all of the rights to the User Content submitted, including without limitation, all copyrights; (B) that the User Content is accurate; (C) that use of the User Content you supply does not violate these Terms of Use or the Privacy Policy and will not cause injury to any person or entity; and (D) that you will indemnify us and/or our affiliates for all claims resulting from any User Content. We take no responsibility and assume no liability for any User Content or materials submitted or posted on the Site, including in the Forums, by you or any third party. WE RESERVE THE RIGHT TO REMOVE ANY USER CONTENT, MATERIAL, OR SUBMISSION THAT WE DETERMINE IN OUR SOLE DISCRETION VIOLATES ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE SITE, INCLUDING IN THE FORUMS.

 

2. INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and the Service, including applicable copyrights, trademarks and other proprietary rights. Names of other products, companies, or other persons or entities, that are mentioned on the Site may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.

 

By providing any User Content to The Digitizing Diva LLC, you grant us a perpetual, irrevocable, non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, display, reproduce, modify, and distribute your User Content on the Site and in other promotional materials for the purposes of operating and providing to you and to our other users the Service and other products and services we may offer from time to time and for otherwise advertising and promoting the Site and the Service. In addition, you hereby consent to the use and disclosure of your name, and other personal identifying information you provide to us, in connection with our display, publication, or other use of any User Content that you submit to us. Nothing in these Terms of Use shall restrict The Digitizing Diva LLC's rights to User Content under separate licenses. Please be aware that the Site and the Service, any other promotional materials we may distribute from time to time, are publicly available, and that other persons or entities may see, use, or otherwise republish or redistribute any User Content that you provide to us and we make publicly available through the Site, the Service, or otherwise.

 

3. COPYRIGHT

If you believe any material or content accessible on, from, or through the Site (including the Forums) or the Service infringes your copyright, you may request removal of that content (or access thereto) from the Site (including the Forums) and the Service by contacting The Digitizing Diva LLC and providing the following information:

Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

Your name, address, telephone number and (if available) e-mail address.

A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner's behalf.

A signature or the electronic equivalent from the copyright holder or authorized representative.

 

4. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. Please be advised the Services are hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

 

5. TERM AND TERMINATION

These Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

 

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

6. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

 

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

 

5. GIFT CARDS

Except as provided by applicable law, gift cards are not redeemable for cash and cannot be returned for a cash refund. Gift cards, once entered, will be automatically applied to that order(s). If an order exceeds the amount of the gift cards, the balance of the order must be paid with a credit card. The Digitizing Diva LLC is not responsible for lost or stolen gift cards. Gift cards are valid only at the Site and only for The Digitizing Diva LLC services and products. Gift cards may not be used for the purchase of any other items or costs including, but not limited to shipping costs and taxes. Gift cards which were purchased in connection with any The Digitizing Diva LLC promotion may not be used in connection with any other promotion.

 

Gift cards, and their use, are subject to these Terms.

 

THE DIGITIZING DIVA LLC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD FOR THE SAME VALUE. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

6. ELECTRONIC COMMUNICATION

By using the Service, you consent to receiving electronic communications from The Digitizing Diva LLC. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Service. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing. The Digitizing Diva LLC offers no warranty or guarantee that the turnaround time quoted on the Site, or otherwise communicated to you, will be met. The Digitizing Diva LLC will use commercially reasonable efforts to maintain a reasonable turnaround time and to meet the turnaround time stated on the website or otherwise communicated to you.

 

7. THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites. We use affiliate links from third-party advertisers. We may make commissions from purchases made through the third-party links.

 

8. WARRANTY DISCLAIMER

THE SERVICE AND THE SITE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE DIGITIZING DIVA LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE, THE SITE, OR ANY INFORMATION PROVIDED BY THE DIGITIZING DIVA LLC THROUGH THE SITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, THE DIGITIZING DIVA LLC MAKES NO WARRANTY OR REPRESENTATION THAT (A) ACCESS TO OR OPERATION OF THE SITE OR SERVICE WILL MEET YOUR REQUIREMENTS, (B) ACCESS TO OR OPERATION OF THE SITE OR SERVICE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE BASIS, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR SERVICES OFFERED THROUGH THE SITE WILL BE ACCURATE OR RELIABLE OR (D) THE QUALITY OF ANY PRODUCT, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. THE DIGITIZING DIVA LLC SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS OR INFORMATION. The Digitizing Diva LLC does not guarantee the quality, safety or legality of the products, information or services provided through the Site and the Service.

 

9. LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE DIGITIZING DIVA LLC, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE OR DISPLAY OF ANY USER CONTENT YOU POST OR SUBMIT TO THE DIGITIZING DIVA LLC; (B) YOUR USE OR INABILITY TO USE THE SERVICE OR THE SITE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE DIGITIZING DIVA LLC, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE DIGITIZING DIVA LLC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE.

 

10. CUSTOMER AGREEMENT

If you are interested in obtaining Services, you will be required to execute the Customer Agreement.

 

11. GENERAL TERMS

If any part of these Terms of Use is held invalid or unenforceable, that portion of these Terms of Use will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of The Digitizing Diva LLC to enforce any provision of these Terms of Use will not be considered a waiver of our right to enforce such provision. Our rights under these Terms of Use will survive any termination of these Terms of Use.

 

You agree to comply at all times with all laws, rules and regulations applicable to your use of the Service and the Site. The Digitizing Diva LLC controls this Site from within the United States. You may not access, download, use or export the Site in violation of U.S. export laws or regulations or in violation of any other applicable laws or regulations.

 

You agree not to reproduce, duplicate, copy, sell or resell the Site, without the express written consent of The Digitizing Diva LLC.

 

The Digitizing Diva LLC may assign or delegate these Terms of Use and/or the The Digitizing Diva LLC Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without The Digitizing Diva LLC's prior written consent, and any unauthorized assignment and delegation by you is void.

 

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT(INSERT POLICY) REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THESE TERMS OF USE.

 

If you have any questions regarding these Terms of Use or the Site, please contact The Digitizing Diva LLC at support@thedigitizingdiva.com.