DG Media & Entertainment Inc.
Terms and Conditions

This Site, along with our other linked pages and apps (the “Site”) is operated by DG Media & Entertainment Inc., a California corporation (“DG Media”). Throughout this Site, the terms “we”, “us” and “our” refer to DG Media. We offer this Site, including all information, tools, and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.


By visiting our Site, you engage our service (“Service”) and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
 

Please read these Terms carefully before accessing or using our Site. By accessing or using any part of this Site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any services.
 

Interpretation


The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.


Definitions


For the purposes of these Terms:


Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for you to access our Service or parts of our Service.


Country refers to the United States


Company refers to DG Media, with an address of 23890 Copper Hill Dr #331, Valencia, CA 91354.


Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.


Feedback means feedback, reviews, innovations or suggestions sent by a user regarding the attributes, performance or features of our Service.


Goods refer to the items offered for sale on the Service.


Orders mean a request by you to purchase Goods from us.


Site refers to this site, along with all other linked pages and apps owned by DG Media, including, but not limited to, https://www.momentumbuilder.com/, https://www.momentumbuilderevent.com/, https://www.dgfoodadventures.com/, https://donandgino.nrecafe.com/, and related apps and social media accounts.


Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.


Acknowledgment


These are the Terms governing the use of this Service and the agreement that operates between you and the Company. These Terms set out the rights and obligations of all users regarding the use of the Service.


Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.


By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, then you may not access the Service.


You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.


Your access to and use of the Service is also conditioned on your acceptance of and compliance with the Privacy Policy and Disclaimer of the Company. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use the Site and tells you about your privacy rights and how the law protects you. The Company’s Disclaimer describes all disclaimers related to the Service. Please read our Terms, Privacy Policy, and Disclaimer carefully before using our Service.


Placing Orders for Goods or Services


By placing an Order for Goods or services through the Service, you warrant that you are legally capable of entering into binding contracts.
 

Your Information


If you wish to place an Order for Goods or services available on the Service, you may be asked to supply certain information relevant to your Order including, without limitation, your name, your email, your phone number, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. Please read our Privacy Policy which details our policies and procedures on the collection, use and disclosure of your personal information.


You represent and warrant that: (i) you have the legal right to use any credit or debit cards or other payment methods in connection with any Order; and that (ii) the information you supply to us is true, correct and complete; and that (iii) you agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.


By submitting such information, you grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of your Order.


Order Cancellation


We reserve the right to refuse or cancel your Order at any time for certain reasons, including but not limited to: availability of Goods, errors in the description or prices for Goods or services, or errors in your Order. We reserve the right to refuse or cancel your Order if fraud or an unauthorized or illegal transaction is suspected. We reserve the right to refuse any order you place with us for any other reason at our sole discretion. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order.
 

Your Order Cancellation Rights


Any Goods or services you purchase can only be returned in accordance with these Terms and our Returns Policy.


You will not have any right to cancel an Order for the supply of any of the following Goods: the supply of Goods made to your specifications or clearly personalized; the supply of Goods which according to their nature are not suitable to be returned, deteriorate rapidly, or where the expiration date has passed; the supply of Goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery, the supply of Goods which are, after delivery, according to their nature, inseparably mixed with other items, or the supply of digital content which is not supplied on a tangible medium. You will not have any right to cancel an Order for the supply of any services.


Returns Policy


Our Returns Policy forms a part of these Terms. Your right to return an Order only applies to Goods that are returned in the same condition as you received them. You should also include all of the product instructions, documents and wrappings. Goods that are damaged or not in the same condition as you received them or which are used simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in your possession.


We will reimburse you no later than fourteen (14) days from the day on which we receive the returned Goods. We will use the same means of payment as you used for the Order, and you will not incur any fees for such reimbursement.


Availability, Errors, and Inaccuracies


We are constantly updating our offerings of Goods on the Service. The Goods available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information regarding our Goods on the Service and in our advertising on other Sites.


We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.


We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
 

Pricing Policy


The Company reserves the right to revise its prices at any time prior to accepting an Order.


The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, you will have the right to cancel your Order.


Payments


All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (PayPal, for example).


Payment cards (credit cards or debit cards) are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery of your Order.


User Accounts


When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.


You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a Third-Party Social Media Service.


You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.


You may not use as a username the name of another person or entity or a username that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than yourself without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.


Intellectual Property


The Service and its original content (excluding Content provided by you or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.


The Service and all content is protected by copyright, trademark, and other laws of both the Country and foreign countries.


Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.


Your Feedback to Us


You assign all rights, title and interest in any Feedback you provide the Company. If for any reason such assignment is ineffective, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.


Links to Other Sites


Our Service may contain links to third-party Sites or services that are not owned or controlled by the Company.


The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party Sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third-party Sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party Sites or services that you visit.


Termination


We may terminate or suspend your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.


Upon termination, your right to use the Service will cease immediately. If you wish to terminate your Account, you may simply discontinue using the Service.


Limitation of Liability


Except as otherwise permitted by applicable law, in no event shall Company or any of its representatives or suppliers be liable under this agreement to any user of the Service or any third party for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, or lost profits or revenues arising out of, relating to, or in connection with this agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not the party was advised of the possibility of such damages and (c) the legal or equitable theory (contract, tort or otherwise) upon which the claim is based.


In no event shall Customer’s aggregate liability arising out of or related to this agreement, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed 100% of the total of the amounts paid to Company pursuant to this agreement in the periods preceding the event giving rise to the claim.


The limitation of liability provisions set forth in this agreement shall apply even if the remedies under this agreement fail of their essential purpose.


All users of the Service acknowledge and agree that the parties entered into the Agreement in reliance upon the limitations of liability set forth in this section of the agreement, that the same reflects an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same forms an essential basis of the bargain between the parties.


“AS IS” and “AS AVAILABLE” Disclaimer


The Service is provided to you “AS IS” and “AS AVAILABLE” and 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. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet your needs or 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 or be error free or that any errors or defects can or will be corrected.


Without limiting the foregoing, neither the Company nor any of the Company’s providers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) 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 (iv) 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, timebombs 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. In such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.


Governing Law


The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.


User further waive, to the extent permitted under applicable law, the right to a trial by jury and any right such party may have to assert the doctrine of “forum non conveniens” or to object to venue to the extent any proceeding is brought in accordance with this paragraph.
 

Prohibited Uses


In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service, the Site or of any related Site, other Sites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service, the Site, any related Site(s), other Sites, or the Internet. We reserve the right to terminate your use of the Service, the Site or any related Site for violating any of the prohibited uses.


Disputes Resolution


If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting the Company.


For European Union (EU) Users


If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.


United States Legal Compliance


You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) you are not listed on any United States government list of prohibited or restricted parties.


Severability


If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.


Waiver


Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.


Indemnification


You agree to indemnify, defend and hold harmless the Company and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.


Entire Agreement


The failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this Site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).


Any ambiguities in the interpretation of these Terms shall be construed in favor of the drafting party.


Translation Interpretation


These Terms may have been translated if we have made them available to you on our Service.


You agree that the original English text shall prevail in the case of a dispute.


ADA Accessibility


Company is committed to ensuring equal access for people with disabilities. As potential customers of Company, users of our Service are important contributors to Company's business success and are not intended to be excluded, but rather welcomed into the Company family.


Company will endeavor to maximize the access of people with disabilities to this Site. Should any user have trouble accessing the Service, you may contact the Company by email at the address below, to which a representative will contact you to assist in accessing the Service, or alternatively placing an order by phone.


Changes to These Terms


We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.


By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Site and the Service.


Contact Us


If you have any questions about these Terms, you can contact us by email at [email protected]


Last updated: March 11, 2022