[Definitions] 

Company: Refers to Mybook Jumpstart, LLC a Colorado Limited Liability Company. The Company is a  provider of online services at it's website www.DigiStoreDirect.com. 

Company Website: Refers to a website owned and operated by Mybook Jumpstart, LLC. (www.DigiStoreDirect.com)  The website hosts digital stores (DigiStores) for Digital Creators to upload, present, sell, and transfer digital products to online customers.

Service(s): Digital tools and other capabilities the Company provides on the Company  Website  for Digital Creators, who subscribe, to operate a secure DigiStore for a monthly Subscription Fee plus Transfer Fees.

Services include but are not limited to online digital product presentation, shopping cart, e-Commerce processing interface, and digital file transfer via digital download.

DigiStore: Refers to any e-Commerce site hosted on the Company Website, subscribed to and operated by a Digital Creator for the purpose presenting and selling digital products and transferring digital files for these products to online visitors to and customers of the Digital Creator's Store (DigiStore).

Digital Creator:  Any individual or entity (independent contractor) that subscribes to and operates a DigiStore on the Company Website for the purpose of conducting eCommerce for the sale of Digital products online. 
Subscription: The process used by a Digital Creator to acquire  and operate a digital store (DigiStore) from the Company on it's Company Website.  Subscribing requires acceptance of Terms of Use and Privacy Policy plus payment, of a one month Subscription fee.  Subscriptions continue on a month-to-month basis and may be canceled at any time by the subscriber. NOTE: Any Transfer fees accrued in the 30 subscription period during which cancelation occurs  shall  be due and payable to the Company immediately. Subscription fee for that same 30 day period is non-refundable.

Subscription Fee: Is the monthly fee charged by the Company to a Digital Creator subscribes to and operates a digital store (DigiStore) on the Company Website. Subscription Fees are determined by the company and subject to change.  Subscription Fees are paid by the Digital Creator to the Company In advance for each month by automatic withdrawal  (ACH)  from the Digital Creator's PayPal Business account. Must be authorized at sign-up by the Digital Creator.

 
Transfer Fee: is a modest fee charged by the Company to Digital Creator for each digital product sold when it is transferred from the Digital Creator to his/her customer via digital download. Transfer Fees are  provided  for each digital product uploaded to the DigiStore. Transfer Fees are paid by the Digital Creator to the Company In arrears for each 30-day subscription period by automatic withdrawal  (ACH)  from the Digital Creator's PayPal Business account. Must be authorized at sign-up by the Digital Creator.

Digital Data Storage Purchase :  Digital Creators may purchase additional Dgital Data Storage (DDS) at any time if more is required than provided with the Digital Creator's Subscription.  The Company determines price for additional storage (subject to change) and posts pricing on the Company Website.  All purchases of DDS are final and payments are processed immediately at time of purchase.

Privacy Policy: A document published on the Company Website that describes the use and security of personal information.  Acceptance of Privacy Policy by Digital Creators is required to Subscribe to a DigiStore.

[End of Definitions]

Terms and Conditions:  The TERMS OF USE shall govern a Digital Creator's use of  Services provided by the Company on the Company Website  www.DigiStoreDirect.com and form an agreement between The Digital Creator and the Company. By subscribing to, accessing and and/or using Services, the Digital Creator agrees to these terms and and conditions and confirms that he/she is over 18 years of age.  If a Digital Creator does not agree with any part of these terms and conditions he/she may not use the Service. 

The Company and Digital Creators are independent contractors: These terms of service shall not be deemed to create a partnership or joint venture and neither party is the other’s agent, partner, or employee.  All rights, titles and interest in Digital Creator's content, artwork, digital masters, clips, and all copyrights and equivalent rights embodied therein, and all materials furnished by the Digital Creator shall  remain the Digital Creator's property.

Digital Creator Acknowledgement: By subscribing to a Digital Store (DigiStore) the Digital Creator  acknowledges that he/she has read, understands and accepts the TERMS OF USE regarding the Company Website. This agreement is subject to and shall be interpreted under the laws of the State of Colorado. Any dispute is subject to jurisdiction of the District Court of The State of Colorado. In addition to the TERMS OF USE. The Company may modify these TERMS OF USE at its discretion. Material changes will be announced at least 30 days in advance. By continuing to use our Service after updates,  a Digital Creator agrees to the new Terms. 

The Digital Creator guarantees and covenants that he/she is the sole owner of all rights and copyrights to any and all content posted on the the Company Website.  Further, if required the by the Company, the Digital Creator agrees to pay for and provide proof of ownership and all clearances and licenses as may be legally required for uses and sale of Content artwork and meta-data.  Should the Company receive any claim that the use of Digital Creator content, artwork or any other materials provided or authorized by the Digital Creator is in violation of any third-party rights, the Digital Creator agrees to fully indemnify and hold the Company harmless, and upon request by the Company shall defend the Company.  No sale or resale of products that do not comply with this paragraph will be allowed on the Company Website

The Digital Creator: Agrees to be the sole publisher and vendor of digital content and products posted on the Company Website for which all sales revenue is paid directly into the Digital Creator’s personal PayPal Business account at the time of sale.

Termination: The Company shall have the right to immediately terminate or suspend a Digital Creator for any reason including but not limited to the following:

• Misrepresentation of ownership of content by the DIGITAL CREATOR.
• Posting illegal content in any jurisdiction, such violations are to be interpreted under Colorado  statutes.
• Posting salacious content (per Colorado statute).
• Posting inflammatory content or content that incites violence (per Colorado statute).
• Misrepresentation of any information provided to the COMPANY by the DIGITAL CREATOR.
• Failure by DIGITAL CREATOR to make subscription payment to the COMPANY by midnight on the payment due date.
• Any violation by the Digital Creator of Terms Of Use, Privacy Policy, or any Terms and  Conditions currently or that may be published on Company Website in the future with 30-day advance notification given to the Digital Creator.

Limitation of Liability: If the Company terminates a Digital Creator for any reason or if the Company ceases operations, the Company’s liability to the Digital Creator shall not exceed actual, special, or any other damages in an amount equaling that of the most recent monthly subscription payment made by the Digital Creator to the Company.

Service “As Is” and “As Available” Disclaimer: 

1. The Service provided by the Company to the Digital Creator is “As Is” and “As Available,” with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage, or trade practice. 
2. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet the Digital Creator’s requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, be error-free, or that any errors or defects can or will be corrected. 
3.  Without limiting the foregoing, neither the Company nor any of the Company’s providers makes any representation or warranty of any kind, express or implied:
4. as to the operation or availability of the Service, or the information, content, and materials or products included thereon;
5.  that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or
6. that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, time bombs, or other harmful components. Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Third-Party Links:  Service may include links to third-party websites or services not owned or controlled by the Company. We are not responsible for the content, privacy policies, or practices of these third parties. You agree that the Company is not liable for any damage or loss caused by using or relying on such content, goods, or services. We strongly recommend reading the terms and privacy policies of any third-party sites you visit.

U.S. Legal Compliance: Digital Creators hereby confirm that: You are not in a country under U.S. embargo or designated as supporting terrorism.  You are not on any U.S. government list of prohibited or restricted parties.

Severability and Waiver:

1. (i) Severability: If any term is found unenforceable or invalid, it will be modified to reflect the original intent as closely as possible under the law, while the remaining terms stay effective.

1. (ii) Waiver: Failure to enforce a right or term does not waive our ability to do so later, nor does it imply a waiver of subsequent breaches.