By making a purchase from DigiVision media, and/or by using any DigiVision products or services, you agree to these terms of services.
When will I be charged
- DigiVision will charge your credit card as soon as it is able to do so. For online orders, this is done by automatic processes that typically occur within a minute or two of submitting your order through the online shopping cart. For orders made over the phone, the charge may occur through the same automatic processes while you are on the phone with the sales rep, or they may be processed manually as much as a day or two later, especially if you ordered in the evening or on the weekend. The sales rep will tell you. For orders made in person at a conference event, orders will be charged immediately by swipe, or within a day or two similar to the over phone method of ordering.
- Subscription items are charged on a recurring basis. Your first payment is done manually by you, or at your order on the phone to a sale rep. The following period, you will be charged again for the maintenance of the subscription. Purchasing a subscription item is an agreement to allow DigiVision to automatically charge your credit card on file at the beginning of every period until you cancel the subscription or in the event that your credit card cannot be successfully processed. A subscription billing period is based on your date of purchase, not an absolute date like Dec 31.
When will I receive my product
- Two steps must be completed sequentially before you will receive your products. The following procedures are given with the assumption that there has been no errors in processing your payment (e.g. declined credit card), delivering your product (e.g. bad address), or other technical errors outside of DigiVision's control.
- Newly recorded content must be produced. There is an inherent time-intensive work involved in readying content for end-user consumption. DigiVision always aims to keep this time frame under 4 weeks from the conference end. During particularly busy times with many back-to-back conferences, this time frame may be as long as 8 weeks. Such circumstances are rare. For example, if a conference concluded on the 1st of the month, DigiVision aims to have the content produced and ready for end-user consumption by the 28th of that month. In those rare circumstances previously mentioned, this process may take until the 30th of the following month. In practice, DigiVision regularly produces entire conferences in under 14 days. Further delays in receiving your items are dependent on the delivery type:
- Orders for online content have no inherent delays and can be accessed immediately after payment clears, except for circumstances where newly recorded content must be produced, as detailed above. In such circumstances, you will receive an email receipt when your card is charged, then a second email when the content is produced and ready for viewing.
- Orders for content provided on physical media must be shipped out. Content that is already produced will be sent out within two business days. Occasionally, such orders may be delayed to up to five business days because all available staff is on location at a conference. Further, transit time is added to receiving such orders. DigiVision ships via USPS Priority Mail, which is 2 to 5 days for domestic receiving addresses (USA), and 7 to 10 business days for international receiving addresses.
When does DigiVision communicate with me
- DigiVision communicates via email when your order has been processed. Many physical media orders are sent with tracking and that information can be provided upon request.
- DigiVision will also communicate with you via email regarding your online access account.
- DigiVision will also communicate with you via email regarding typical marketing offers based on your preferences easily accessed from your My Account page or from the unsubscribe/email preferences link at the bottom of such emails.
- DigiVision will communicate with you via phone, email, or mail to follow up upon your initial contact request, or to attempt to remedy issues with any open orders (e.g. declined credit cards, bad receiving addresses, etc.).
How will DigiVision use and store and use my information
- DigiVision uses your information only in the course of its business operations. DigiVision stores your information digitally under encryption and in accordance with the law. DigiVision is PCI compliant.
- DigiVision will not share or sell your information with any party that does not have a need to access your information on DigiVision's behalf. Such sharing of your information is reserved for legitimate service providers that DigiVision uses as a typical course of its business. It is determined by DigiVision through due diligence that these service providers operate with integrity and in accordance with the law.
Refunds, returns, and cancellations
- DigiVision will not offer refunds for orders more than two days old. For USB orders under 14 days from shipping date, or for online orders under 7 days from payment date, DigiVision may offer exchanges upon request at its discretion.
- You may cancel your subscription items at any time without any penalty. All subscription items are available for purchase without any agreement beyond your approval for your card on file to be automatically charged upon renewal. A cancellation is a request to stop any automatic charges and your subscription will be allowed to expire instead. Cancellations are best made through the website under "Subscriptions". You can also call us to cancel any subscription.
- DigiVision will refund a subscription renewal ex post facto if the auto charge occurred less than 10 days before the cancellation request. Afterward, DigiVision will allow refunds solely at it's discretion. DigiVision will not offer any pro rated cancellation schemes or terms.
How long will I have online access to my content
- Online access is currently offered in two methods and each is subject to different terms regarding your right to access the content
- Non-subscription based online access is purchased with a single fee (the price of the item) and grants you a lasting license access to the content. DigiVision will maintain your account and access to your purchases as long as it is an operating company. DigiVision's online platform is new and developing and may change significantly in the future, including even operating under a different name and website URL. Material older than 10 years may not be transferred over to any such new website. If such a case arises, DigiVision will offer customers their 10-year-old and greater purchases on a physical medium and continued access will be permanently suspended.
- Subscription based online access is based on the upkeep of your recurring payments to the subscription plan. You will keep access to your subscription content as long as you maintain your subscription. In other words, as long as you keep paying the periodic subscription fees then your subscription will be maintained. If you discontinue your subscription or DigiVision cannot collect payment for renewal, you will lose access. Access can be regained by simply creating a new subscription.
How may I use the content
- DigiVision offers all of its content based on a conventional content use licence. You do not own the content. You have purchased a licence to use the content based on the following terms.
- Who may I share the content with
- DigiVision's intent with the content it records is that the purchasing name has unhindered licence to use the content in a personal context only. DigiVision extends use of the content to immediate business associates of the purchasing name. The intent of this extension is that content is used to train and educate the immediately surrounding staff and employees of the purchasing name.
- DigiVision strictly disallows distribution of the content in anyway. Copies of the content are strictly disallowed.
- Physical items and online access licenses differ in the following ways:
- Physical items - A purchase of any content delivered on physical media (e.g. disc or USB stick) is given a lasting licence to use and view the content. So long as the media is usable and operable, you may use the content without hindrance. You may not distribute copies of the content on any medium. To preserve the lasting licence you may back up the media onto a single medium of your choice.
- Online Access - A purchase of online access is delivered with a lasting licence and is subject to the fair use policy detailed below. The content may only be accessed by one user at a time as an intentional technical function of the platform. You may not copy any of the content from the online source, except for the Mp3 audio download link and the individual slide snapshots.
- Fair usage policy
- A "fair usage policy" is a means for businesses to prevent costly and fraudulent use of digital items by their legitimate customers. At its simplest, a fair usage policy asserts the company's right to discontinue access to a digital service or product based on users' over-burdensome use of the content. DigiVision's fair usage policy follows:
- DigiVision enforces a fair usage policy based entirely on the amount of data your account uses. This data amount is approximated via the number of times you access a specific bit of content within a specific time frame. For the purpose of this fair usage policy, "a specific bit of content" is a single presentation. (i.e. it is the amalgamation of all the digital resource files that bring together a DigiVision lecture or presentation). Use of the same bit of content more than 10 times in a single 30 day period will be considered a flag for more scrutiny on the account. Such a flag may result in the determination that past usage was not within keeping of this fair usage policy. Habitual access of the same bit of content in a similar manner over concurrent 30 day periods will be considered suspicious and may result in the closure of your account if it carries or has carried on too long. Use of more than 3 bits of content more than 10 times each within a single 30 day period will be considered suspicious and may also result in the closure of your account. An automatic freeze on your account will occur if any bit of content was accessed more than 100 times in a 30 day period. Such freeze will result in an investigation by DigiVision to determine if the fair usage policy was actually violated and the freeze was not the result of a mistake on DigiVision's part. DigiVision may chose to use this fair usage policy against you at its discretion without notice and you agree through your purchase and use of DigiVision's online access that you will not be entitled to a refund. DigiVision's primary final course of action for multiple failures to keep within this fair usage policy is to cancel your account and no longer accept your orders. Especially egregious violations of the fair usage policy will be considered flagrant disregard for DigiVision's copyrights and may result in a lawsuit against you if there are real damages.
- If you find yourself in violation of the fair usage policy, but believe you have not used your account inappropriately, it may be that your office staff uses the videos more than you expected. This is still a violation of the fair usage policy and does not exempt any freeze of your account, as the purpose of the fair usage policy is to protect DigiVision from the real expenses that may occur from account overuse. In these circumstances, you will need to arrange for added access via a second (or more) account. DigiVision has no specific terms for added access, but is reasonable and will offer them to you.
- Speakers using content that is their own.
- As a speaker and presumably original creator of the work (your lecture and slides presentation), you have not abrogated any rights to DigiVision to continue to deliver and distribute your work as you see fit, however, your allowance of us to record your content, among likely existing agreements with the event organizer, is considered agreement that the content compiled by DigiVision (the recording of your lecture and slides presentation) is a derivative work wholly owned by DigiVision. As such, you may not distribute the DigiVision derivative work in any way, whether you purchased the content as a regular customer or it was offered to you without charge. DigiVision's derivative work of your content will be offered to you at your request for your personal review only with minimal or without charge. Extension of a distribution licence of DigiVision's derivative work will be given solely at DigiVision's discretion and under separate terms.
- DigiVision reserves the right to cancel the use licence of any purchaser without refund based on the breaking of these terms of service.
What if there are problems with my order
- DigiVision will do whatever it can to complete your order. Orders that have issues with processing your card will remain incomplete and eventually result in order cancellation if we cannot reach you to collect payment. DigiVision will attempt to contact you by other means if errors in your receiving address or email or any other identifying information hinder the completion of your order.
- If DigiVision cannot initiate two-way communication with you regarding any issues within 60 days, all open orders will be cancelled and any funds collected for such orders will be retained by DigiVision. Online access will continue until the term of your access expires with the assumption that you are aware of any issues and have chosen not to address them.