Welcome to Dsmedia.com. Dsmedia.com is a marketplace platform for services performed by its users. The following terms and conditions (these "Terms of Service"), govern your access to and use of the Dsmedia website, including any content, functionality and services offered on or through www.Dsmedia.com (the "Site"), by Dsmedia International Ltd. or Dsmedia Limited. (Lemesou 11, 2112 Nicosia, Cyprus), as applicable.
This Site is offered and available to users who are 13 years of age or older. If you are under 13 you may not use this Site or the Dsmedia services. By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
Our Customer Support team is available 24/7 if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request here.
Orders®are services offered on Dsmedia.
Sellers are users who offer and perform services through Orders on Dsmedia.
Buyers are users who purchase services on Dsmedia.
Order Page is where the seller can describe their Order and the Order‚ terms, and the buyer can purchase the Order and create an order.v
Order Extras are additional services offered on top of the Seller‚ Order for an additional price defined by the Seller.
Order Multiples are additional quantities of unique orders from the seller's Order.
Order Packages allow sellers to offer services in different formats and prices.Packages can include upgrades, which lets sellers price their service for a basic price of over $5. Custom Offers are exclusive proposals that a seller can create in response to specific requirements of a buyer.
Custom Orders are requests made by a buyer to receive a Custom Offer from a seller.
Orders are the formal agreement between a buyer and seller after a purchase was made from the seller‚ Order Page.
Order Page is where buyers and sellers communicate with each other in connection with an ordered Order.
Disputes are disagreements experienced during an order between a buyer and seller on Dsmedia.
Revenue is the money sellers earn from completed orders.
Sales Balance is cleared revenue from completed orders for sellers to withdraw or use to purchase Orders.
Shopping Balance is shopping credit collected from cancelled orders or Dsmedia promotions to be used for purchasing Orders.
Dsmedia is all about helping sellers leverage their skills. We seek to empower top performing sellers with helpful tools to grow their business. Sellers who invest in self-promotion may achieve greater customer satisfaction. And, if they deliver on time and maintain high quality and ratings, Dsmedia may reward them with new statuses, special opportunities, benefits, and tools that come with it.
Dsmedia sellers have access to several exclusive features that help customize the way their services can be offered.
DS MEDIA GROUPS EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF ANY SELLERS AND ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF ANY SELLER SERVICES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT DS MEDIA GROUPS MAY PROVIDE INFORMATION ABOUT A SELLER, BASED ON LOCATION, FEATURES OR RELEVANCY. HOWEVER, SUCH INFORMATION IS BASED SOLELY ON DATA THAT IS SUBMITTED BY THE SELLER, AND DS MEDIA GROUPS PROVIDES SUCH INFORMATION SOLELY FOR THE CONVENIENCE OF ALL USERS AND IS NOT AN INTRODUCTION, ENDORSEMENT, OR RECOMMENDATION BY DS MEDIA GROUPS. All Seller Services are sold on an "as is" basis. User releases Ds Media Groups from any liability associated with user's use of the Platform or purchase of any Seller Services. Ds Media Groups is not a party to any contracts between users and Sellers. Additionally, Ds Media Groups does not control or direct the Seller or the Seller Services, including but not limited to delivery date, performance, or quality. Ds Media Groups does not introduce users to Sellers. Ds Media Groups merely makes the Platform available to enable Sellers to identify and determine the suitability of users for themselves and to enable users to identify and determine the suitability of Sellers for themselves. Any opinions, advice, or information expressed by any Seller are those of the individual and the individual alone and they do not reflect the opinions of Ds Media Groups. Ds Media Groups does not direct, is not an employer, has no control over, makes no representations, and does not guarantee the quality, safety or legality of any Seller Services provided by Seller.
In order to purchase any Seller Services user may be required to pay a fee as listed on the Platform by the Seller. Seller shall receive all such fees minus any fees deducted by Ds Media Groups. If you wish to purchase anything from our Platform you agree that we may charge your payment method on file and you agree to pay the fee listed on the Platform. Your credit card information or other payment method will be processed and stored by us. All payment information is hosted on PCI/DSS compliant services. Although you may have a balance in your account please be aware that Ds Media Groups does not provide banking or escrow services and you may not use Ds Media Groups for such purposes.
The Seller Services are not confirmed until user receives an order confirmation (the "Order") from the Seller. All Orders are subject to additional terms and conditions of the Seller as listed by the Seller. Seller may list dates and timelines for the Seller Services to be provided for each Order or other relevant information. Ds Media Groups is not responsible for any Orders or the delivery of any Seller Services.
At Ds Media Groups we want you to be satisfied with any Seller Services offered via the Platform. All Orders made by a user shall only be refunded if such Order has not been fulfilled by a Seller. Before any Order can be refunded for any Seller Services, the user must first attempt to contact the Seller. If the Seller fails to respond or does not deliver the Order as promised to the user, the user may then initiate a refund request by contacting Ds Media Groups. Please be aware that refunds can only be given for unfulfilled orders and no refunds will be issued for any other reason. All refunds are issued at the sole discretion of Ds Media Groups. If you wish to request a refund or have an issue with any account billing, please contact us a support@Ds Media Groups.com.
Users and Sellers acknowledge and agree that in order for Ds Media Groups to make the Platform available, it must receive fees for all Seller Services and Orders transacted. In consideration for making the Platform available for users and Sellers, you agree that for a period of 24 months from the time you identify or are identified by any party through the Platform , you must use the Platform as your exclusive method to request, make, and receive all payments for any Seller Services or Orders directly or indirectly provided to or received from that party or arising out of your relationship with that party. Users may only opt out of the non-circumvention by paying an opt out fee of $1000 dollars or 15% of the total Orders purchased from a Seller in the past calendar year, whichever is greater. You agree to notify Ds Media Groups immediately if another person improperly contacts you or suggests making or receiving payments outside of the Platform.
In the event of a dispute between Seller and user, Seller and user agree to attempt to settle the dispute amicably and in good faith by contacting each other and attempting resolve such a dispute. If such dispute cannot be settled, Seller or user may contact Ds Media Groups. Ds Media Groups, at its discretion, may assist in settling the dispute. In the event that Ds Media Groups assists in any dispute resolution, Seller and user agree to accept such resolution as resolved, binding, and final. This section does not obligate Ds Media Groups to settle disputes between any users and any Sellers and all users agree that Ds Media Groups is not a party to any such disputes.
You may cancel your account at any time via your Ds Media Groups dashboard or contacting us at support@Ds Media Groups.com. Please be aware that upon termination of your account, access to portions of our Platform may be become immediately disabled and any Seller Services or Orders not concluded may be terminated. Upon termination you will not be entitled to any refunds or proration of any fees paid except as stated in this Agreement. We may terminate your membership if we determine that: (1) you have violated any applicable laws while using our Platform; (2) if you have violated this Agreement or any other of our Platform policies; (3) if your account has remained inactive for an extended period of time; or (4) if we believe that any of your actions may harm Ds Media Groups, at our sole decision or discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.
Depending on the laws of your jurisdiction you may be taxed for any payments or purchases. Therefore, at the time of payment we may collect all applicable taxes related to your use of the Platform. In the event that we do not collect the applicable taxes, you agree that you are still responsible for any applicable taxes. Although no taxes may be collected by us you agree that you will pay any applicable taxes or fees to the tax agencies having jurisdiction over you. In the event we do not collect the relevant taxes owed by you, you agree that we are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your payments.
We attempt to protect our Sellers from chargebacks by employing different fraud detection methods. In the event of a chargeback we will notify the Seller immediately and the Order shall be immediately cancelled. If we believe that you have participated in a fraudulent chargeback we will pursue our claims against you to the fullest extent allowed by law. Please be aware that Sellers will not be compensated for any lost profits or time due to a chargeback by user. In the event that we believe that a user has submitted a fraudulent chargeback, we will forward your information to the applicable law enforcement agency and your fraudulent chargeback may result in either a civil fine or jail time.
Ds Media Groups or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works ("Submissions") in any form to Ds Media Groups. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Ds Media Groups's products might seem similar to ideas you submitted to Ds Media Groups. If, despite our request that you not send us your ideas, you agree to the following: (1) your Submissions and their contents will automatically become the property of Ds Media Groups, without any compensation to you; (2) Ds Media Groups may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Ds Media Groups to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
The name "Ds Media Groups,"the design of the Ds Media Groups Platform along with Ds Media Groups created text, writings, images, templates, scripts, graphics, interactive features and the trademarks, marks and logos contained therein ("Marks"), are owned by or licensed to Ds Media Groups. The Marks are subject to copyright and other intellectual property rights under US laws and international conventions. Ds Media Groups reserves all rights not expressly granted in and to the Platform. You agree to not engage in the use, copying, or distribution of the Marks or anything else contained within the Platform unless we have given you express written permission.
THE PLATFORM AND ALL SELLER SERVICES SOLD IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER DS MEDIA GROUPS, NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE PLATFORM; (B) ANY INFORMATION PROVIDED VIA THE PLATFORM; (C) ANY SELLER SERVICES AVAILBLE OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO DS MEDIA GROUPS OR VIA THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
DS MEDIA GROUPS DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. DS MEDIA GROUPS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM ARE ACCURATE, COMPLETE, OR USEFUL. DS MEDIA GROUPS DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND DS MEDIA GROUPS SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.
IN NO EVENT SHALL DS MEDIA GROUPS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE PLATFORM OR ANY ERRORS, MISTAKES, OR INACCURACIES FOUND WITHIN THE PLATFORM, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR PLATFORM OR FROM ANY SELLER SERVICES OR ORDERS, (III) ANY INTERRUPTION,MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR PLATFORM TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM VIA A THIRD PARTY, (V) ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL, (VI) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR (VII) ANY POTENTIAL OR ACTUAL LOSS OR DAMAGE TO PERSON OR PROPERTY THAT MAY OCCUR WHILE USING THE PLATFORM. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN JURISDICTIONS THAT ALLOW A LIMITATION ON LIABILTY, YOU AGREE THAT OUR LIABILITY TO YOU IS NO MORE THAN THE AMOUNT YOU PAID IN THE PAST SIX MONTHS FOR SERVICES OR ONE-HUNDRED US DOLLARS, WHICHEVER IS GREATER. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY BETWEEN JURISDICTIONS. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by Ds Media Groups's negligence or that of any of its officers, employees or agents; (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future. The foregoing limitations on liability and any other limitations of liability set forth herein are not applicable to residents of New Jersey. With respect to residents of New Jersey, Ds Media Groups shall not be liable for any damages arising out of your access to or use of the Platform, unless such damages are the result of our negligent or reckless acts or omissions; provided, however, that we shall not be liable for consequential, indirect or punitive damages.
You agree to defend, indemnify and hold harmless Ds Media Groups, its 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:
Ds Media Groups and its Platform may only be used by persons 18 years and older. If you are under 18 please stop using our Platform and please do not submit any information to us.
If you believe that any User Content or other content found on the Ds Media Groups Platform has infringed on your copyrights or other intellectual property rights, please consult the Ds Media Groups Copyright and Intellectual Property Policy ("Policy"). The Policy contains information regarding the notification procedures required by us to remove any infringing material or content from our Platform. You must agree to abide by the Policy before using or accessing the Platform.
This Agreement shall be governed by the laws in force in the state of North Carolina. The offer and acceptance of this contract is deemed to have occurred in North Carolina.
You agree that any dispute relating in any way to your use of the Platform shall be submitted to confidential arbitration in Henderson County, NC. Arbitration under this Agreement shall be conducted pursuant to the applicable rules ("Rules") then prevailing at the American Arbitration Association. Arbitration shall be conducted by one (1) arbitrator as selected pursuant to the Rules; the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned (the foregoing time limitation is not applicable to residents of New Jersey). In the event that the law does not permit the abovementioned dispute to be resolved through arbitration, you agree that any actions shall be brought solely in a court of competent jurisdiction located within or otherwise nearest to Henderson County, NC.
You and Ds Media Groups agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action. The foregoing class action waiver does not apply to residents of New Jersey.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement or any other agreement you may have with Ds Media Groups are deemed to conflict with each other's operation, you agree that Ds Media Groups shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Ds Media Groups must be sent to our agent for notice to: support@Ds Media Groups.com Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
The communications between you and Ds Media Groups use electronic means, whether you visit the Platform or send Ds Media Groups e-mails, or whether Ds Media Groups posts notices on the Platform or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Ds Media Groups in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Ds Media Groups provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
The following sections 36-46 apply to any Sellers who wish to use the Platform and wish to sell Seller Services via the Platform. Any Sellers wishing to use the Platform shall be required to sign up and create an account and shall be bound by the additional terms listed below.
In order for Sellers to offer Seller Services you must create a Seller account. You must fully complete the registration process by providing us with your current, complete, truthful, and accurate information as prompted by the applicable registration form. Where required, Ds Media Groups may also assign you a username and password. You are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to notify Ds Media Groups immediately of any unauthorized use of your account or any other breach of security. Ds Media Groups will not be liable for any losses you incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Ds Media Groups or another party due to someone else using your account or password. You may not use anyone else's account at any time. Sellers may only register for one account per person and may not register as a company or group collaboration. Ds Media Groups has the sole discretion in granting or denying any accounts.
Seller providing any Seller Services represents and warrants the following: (1) Seller owns or has properly licensed all Seller Services provided to any users of the Platform; (2) the Seller Services will not infringe on any copyright, moral right, trademark or other intellectual property right and will not violate any right of privacy or right of publicity; (3) the Seller Services offered do not violate any US state or federal laws or any third party agreements; (4) Seller has not entered into any previous agreements which would limit its ability to undertake or perform this Agreement; and (5) Seller will in good faith abide by this Agreement and all other restrictions and rules in place for any Seller Services sold on the Platform.
We may terminate or suspend your account if we determine that: (1) you have violated any applicable laws while using our Platform; (2) If you have violated this Agreement or any other of our Platform policies; (3) if we believe your actions while using the Platform have harmed or will harm a third party, or (4) if we believe that any of your actions may harm Ds Media Groups, at our sole decision or discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so. As a Seller if you wish to terminate your Seller account please notify us or use your account dashboard to terminate the account. Please be aware that once your account is terminated, all access and information including Seller Services in your existing account may become immediately inaccessible or deleted. Failure to terminate your account for any reason does not act as a waiver of your conduct.
As a Seller you may offer any services as allowed by Ds Media Groups including but not limited SEO search services, collectively referred to as “Seller Services”. Please be aware that we are not required to host, display, migrate, or distribute any of your Seller Services and we may refuse to accept or transmit any Seller Services. You agree that you are solely responsible for any User Content contained within the Seller Services submitted and you release us from any liability associated with any Seller Services submitted. You understand that we cannot guarantee the absolute safety and security of any such Seller Services. Any Seller Services found to be in violation of this Agreement or that we determine to be harmful to the Service may be modified or removed at our discretion. You must abide by all Seller Services rules as outlined below. When you submit any Seller Services to us, you grant Ds Media Groups the same licensing rights as listed in the Agreement for User Content.
For the purposes of this Agreement, the relationship between Ds Media Groups and Sellers is that of a limited payment agent. Ds Media Groups shall collect payments for the Seller Services, remit payment to Seller after such payment from the user is received minus any fees, and assist in providing refunds to users. All payments for Seller Services may be held for a period of time to ensure proper performance of all Seller Services before they are released to Seller. Seller agrees that as a limited payment agent, Ds Media Groups may accept payments from users and manage payments or refunds for any Seller Services. Both the Sellers and Ds Media Groups agree that no other agency relationship is formed between Ds Media Groups and Sellers. Except as expressly stated otherwise, Seller agrees that it is not a partner, joint venture, franchisee, agent, or employee of Ds Media Groups. Seller agrees that it shall not misrepresent its relationship with Ds Media Groups to any third parties.
Once payment for any Seller Services has been received and the Order has been confirmed by Seller, Ds Media Groups shall hold such payments for a reasonable period of time to verify payment. Seller must complete the Seller Services as required as by each Order before payments shall be released to the Seller's account. After such time period, Seller shall be issued payment in the method provided for by Ds Media Groups. Ds Media Groups shall deduct a service fee, commission, processing fees and other deductions as necessary from all payments made to Seller. Ds Media Groups reserves the right to change and alter any fees or commissions at any time, if Ds Media Groups alters such commission or fee structure it shall contact Seller. In the event of a dispute between Seller and Ds Media Groups, Seller agrees that Ds Media Groups may withhold all funds until such dispute is resolved. For more information regarding Ds Media Groups's fee and commission structure please contact Ds Media Groups at support@Ds Media Groups.com.
In order for Ds Media Groups comply with US tax laws, Sellers may be required to submit W-9 forms or other tax documents. Seller agrees to comply with any requests to submit any tax documentation, as requested by Ds Media Groups. Seller agrees that Ds Media Groups cannot and will not provide Seller with any tax advice, any such questions should be directed to Seller's tax attorney or other tax professional.
In the event of any refunds to any users for a Seller's Order, Seller agrees that we may deduct the refund amount from any incoming payments or account balances held by Ds Media Groups for Seller. Additionally, Ds Media Groups may invoice Seller for such outstanding balances that are owed due to any refunds if the Seller account funds are insufficient. No refunds shall be given for any enhanced services provided by Ds Media Groups to Seller.
From time to time, Ds Media Groups may place a hold ("Hold") on a Seller's account. Some of the reasons that we may place a Hold on Seller's account include but are not limited to the following: (1) if we have reason to believe that your Seller Services or your actions have violated this Agreement, may harm our business, are deceptive, misleading, unlawful, or have harmed a third party or interfere with a third party contractual right; (2) at the request of our payment processors; or (3) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your Campaign account, or need information about how to resolve the Hold, please contact us. Additionally, we may suspend Seller's access to the Platform or the offering of any Seller Services while such Hold is in place.
Where Seller has not accessed his or her user account for a period of six (6) months or more, Ds Media Groups may suspend, make inactive, or otherwise archive Seller's account ("Inactive Account"). If Seller wishes to reactivate the Inactive Account they must contact Ds Media Groups at support@Ds Media Groups.com. Please be aware that any re-activation of a Seller's Inactive Account may incur a one time re-activation fee.
Where a Seller has an Inactive Account, that account may be assessed a maintenance fee ("Maintenance Fee") of up to five (5) dollars per month. Such Maintenance Fee shall be deducted from Seller's account balance until all funds have been exhausted. If Seller's wishes to re-activate an Inactive Account that has a negative balance, the Seller must pay all such Maintenance Fees owed before the Inactive Account is reactivated.
Unless otherwise provided in this Agreement, in no event shall Ds Media Groups be liable to the Seller for any lost profits or any special, incidental, consequential, exemplary, punitive or other indirect damages of any nature, for any reason, whether based on breach of contract, tort (including negligence), or otherwise and whether or not either has been advised of the possibility of such damages. UNDER NO CIRCUMSTANCES SHALL DS MEDIA GROUPS BE LIABLE TO ANY SELLER FOR AN AMOUNT GREATER THAN THE AMOUNTS PAID BY DS MEDIA GROUPS TO Seller DURING THE PRECEDING MONTH.DUE TO THE NATURE OF INTERNET AVAILABILITY AND ACCESSIBILITY, DS MEDIA GROUPS CANNOT GUARANTEE THAT THERE WILL BE NO DOWNTIME OR OTHER INTERRUPTIONS IN SERVICE REGARDING THE PLATFORM. WITHOUT LIMITING THE ABOVE, THE PLATFORM, DS MEDIA GROUPS CONTENT AND ANY OTHER MATERIALS PROVIDED TO SELLER ARE PROVIDED "AS IS," WITHOUT ANY WARRANTY OF ANY KIND, AND DS MEDIA GROUPS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, AND EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, DS MEDIA GROUPS DOES NOT REPRESENT OR WARRANT (A) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS ON THE PLATFORM, (B) THAT A PARTY'S SECURITY METHODS EMPLOYED WILL BE SUFFICIENT IN ALL CIRCUMSTANCES OR IN THE FACE OF ALL ATTACKS, OR (C) ANY INFORMATION WILL BE CORRECT, COMPLETE, OR ACCURATE. SOME JURISDICTIONS LIMIT THE ABILITY TO DISCLAIM ALL WARRANTIES, SO THIS CLAUSE OR SOME PORTIONS OF THIS CLAUSE MAY NOT APPLY TO YOU. Ds Media Groups makes no representations and warranties whatsoever, and disclaims any responsibility and liability, regarding the content or nature of any Ds Media Groups content or its Platform. Ds Media Groups has no liability to Seller for any Seller Services or Orders.
The following sections 48-54 apply specifically to the Ds Media Groups Affiliate Program. As an incentive to share the Platform with friends, Ds Media Groups has implemented an Affiliate program; users taking part in the Affiliate program shall be referred to as “Affiliates”. In order to join the Ds Media Groups Affiliate program, a user may be required to provide additional information. We reserve the right to reject any users who wish to join the Affiliate program. Furthermore, Ds Media Groups reserves the right to terminate any Affiliates at any time, at our discretion. Payments Once accepted into the Affiliate program, "Affiliates" shall be provided with a unique link or identifier to track referrals ("Tracker"). Affiliates are solely responsible for ensuring that the Tracker functions properly. Referrals shall be counted by the Tracker and successful referrals ("Qualified Referral") shall be determined in the sole discretion of Ds Media Groups. Ds Media Groups agrees to pay Affiliate a referral fee for each Qualified Referral as outlined on the Platform. Affiliates shall be notified by Ds Media Groups for each Qualified Referral received. In the event of a dispute relating to any Qualified Referrals, Ds Media Groups shall have the sole discretion in deciding the outcome of such a dispute. During the duration of the dispute, Ds Media Groups shall not be required to pay the Affiliate any referral fees. Payment shall be issued on an as requested basis but no greater than monthly periods. Affiliate shall be paid in USD and in a manner as agreed upon by the parties. Ds Media Groups shall not be responsible to pay Affiliate any referral fees, where such referral fees have been earned on the accounts of any users who have failed to sign up or follow the necessary procedures. Additional Guidelines for Affiliates
Upon successful registration as an Affiliate, the user shall be deemed an Affiliate for the purposes of this Agreement. The Affiliate term shall continue indefinitely until terminated by either party subject to this Agreement's termination provisions. Ds Media Groups may terminate this Agreement at any time and for any reason by giving written notice via email or the Platform to the Affiliate. Affiliate may terminate this Agreement by providing written notice to Ds Media Groups via the Platform or via email. Please be aware that upon termination by Affiliate, any outstanding payments owed to Affiliate shall be forfeited.
Affiliate agrees to pay and withhold all taxes as required by their local laws and jurisdictions. In some instances Ds Media Groups may withhold taxes for Affiliate. However, Affiliate agrees that Ds Media Groups is not required to, cannot, and will not provide Affiliate with any tax or legal advice.
Ds Media Groups actively monitors traffic for deceptive or fraudulent activity. If deception or fraud is detected as determined in Ds Media Groups's sole discretion, Affiliate's account will be made inactive pending further investigation. After determining that Affiliate has participated in fraudulent or deceptive activity, Ds Media Groups may terminate Affiliate's account and Affiliate shall not be entitled to any compensation that is owed but unpaid.
Unless otherwise provided in this Agreement, in no event shall Ds Media Groups be liable to the Affiliate for any lost profits or any special, incidental, consequential, exemplary, punitive or other indirect damages of any nature, for any reason, whether based on breach of contract, tort (including negligence), or otherwise and whether or not either has been advised of the possibility of such damages. UNDER NO CIRCUMSTANCES SHALL DS MEDIA GROUPS BE LIABLE TO ANY AFFILIATE FOR AN AMOUNT GREATER THAN THE AMOUNTS PAID BY DS MEDIA GROUPS TO AFFILIATE DURING THE PRECEDING MONTH. DUE TO THE NATURE OF INTERNET AVAILABILITY AND ACCESSIBILITY, DS MEDIA GROUPS CANNOT GUARANTEE THAT THERE WILL BE NO DOWNTIME OR OTHER INTERRUPTIONS IN SERVICE REGARDING THE PLATFORM. WITHOUT LIMITING THE ABOVE, THE PLATFORM, DS MEDIA GROUPS CONTENT AND ANY OTHER MATERIALS PROVIDED TO AFFILIATE ARE PROVIDED "AS IS," WITHOUT ANY WARRANTY OF ANY KIND, AND DS MEDIA GROUPS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, AND EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, DS MEDIA GROUPS DOES NOT REPRESENT OR WARRANT (A) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS ON THE PLATFORM, (B) THAT A PARTY'S SECURITY METHODS EMPLOYED WILL BE SUFFICIENT IN ALL CIRCUMSTANCES OR IN THE FACE OF ALL ATTACKS, OR (C) ANY INFORMATION WILL BE CORRECT, COMPLETE, OR ACCURATE. SOME JURISDICTIONS LIMIT THE ABILITY TO DISCLAIM ALL WARRANTIES, SO THIS CLAUSE OR SOME PORTIONS OF THIS CLAUSE MAY NOT APPLY TO YOU. Ds Media Groups makes no representations and warranties whatsoever, and disclaims any responsibility and liability, regarding the content or nature of any Ds Media Groups content or its Platform. Ds Media Groups has no liability to Affiliate for unapproved materials, including all copy, images, URL names, and search terms used by Affiliate.