YOU MUST READ THE TERMS AND CONDITIONS CAREFULLY!
Welcome to Digforest! We are glad to have you as part of our service. We are committed to providing you with the best possible value and convenience. Before you get started, you must read and agree to these Terms and Conditions (the “Terms”).
2. Reservation of Rights: You acknowledge and agree that the Digforest Platform is provided under license, and not sold, to you. By downloading, installing, or otherwise accessing the Digforest Platform, you do not acquire any ownership interest in the Digforest Platform, or any other rights thereto other than to use the Digforest Platform in accordance with the license granted, and subject to these Terms. Digforest and its licensors and service providers reserve and retain their entire right, title, and interest in and to the Digforest Platform, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
3. Access and Representations of Use: The Digforest Platform may not be accessible for use in all locations. If you are using the Digforest Platform on behalf of your employer, you represent that your employer has authorized you to accept these Terms on your employer’s behalf. You also represent that your employer agrees to indemnify you and Digforest for a violation of these Terms. You further represent that you are at least 18 years old or, if you are not at least 18, that you will only use the Digforest Platform in conjunction with, and under the supervision of, your parent or guardian.
4. Purchases: Digforest’ acceptance of your order or subscription will take place when Digforest emails you to accept it, at which point a contract will come into existence between you and Digforest (referred to as “Contract”). If Digforest is unable to accept your order for any reason, Digforest will inform you of this and will not charge you for the product. Digforest will assign an order number to your order and notify you of the order number upon acceptance of your order.
5. Products: Digforest has made every effort to display images and colors accurately. The images of the products on the Digforest Platform are for illustrative purposes only and Digforest cannot guarantee that a device’s display accurately reflects the Product(s). Your product may vary slightly from those images displayed on the Digforest Platform. Digforest may update or require you to update digital content, provided that the digital content shall always match the description provided to you before you bought it. You further acknowledge that Digforest relies on the contracts, warranties, and/or representations of Digforest Platform users who upload Product(s) (“Contributor”) for license, and that Digforest cannot be responsible to you should a Contributor breach its contract, warranty(ies), and or representation(s) to Digforest. All refunds are at Digforest’ discretion or where required by law.
5.1 – Refund – Product Defect: Digforest will make the Product available for download by you as soon as Digforest accepts your order. Digforest offers a thirty (30) day money back guarantee on a Product. If you find a Product is not compatible, corrupt, or is missing on download, Digforest can refund you the price you paid for the Product (referred to as “Digforest Refund Policy”). The Digforest Refund Policy requires that you permit sufficient time to remedy any problem with a Product. Most issues are resolved within seven (7) days and if Digforest cannot resolve your issue with your Product within seven (7) days, Digforest will provide a full refund for the amount you paid for the Product to the payment method you used when purchasing the Product as set for in these Terms.
5.1.1 – Please test your products within the thirty (30) day refund period to ensure satisfaction. After thirty (30) days, Digforest will still make every reasonable attempt to assist you with any problems encountered with the Digforest support policy but are unable to provide a refund.
5.2 – Refund – Satisfaction: If you have changed your mind regarding the regular purchase of a non-discounted Digforest Product, Digforest can refund the price you paid for the Product within 30 days if you have not downloaded any files for the Product to your device, as determined in Digforest’ sole discretion. Digforest reserves the right to refuse to provide a refund according to this Section on events/discounts and special offers.
5.3 – Refund – Store Credit: If you purchase a Product with store credit, a refund can only be refunded back to your store credit account and not to the original payment method.
5.4 – Refund – Plus Membership: A Plus membership payment can be refunded within seven (7) days of the billing charge, as long as none of the member benefits (such as discounts on marketplace products, Plus credits, or the One Dollar Deals After Party) have been used since the most recent charge.
5.4.1 If no member benefits have been used, please contact Digforest Customer Service within seven (7) days of the most recent charge, and Digforest will cancel the Plus membership and issue a full refund of the current month’s charge only. If Plus member benefits have been used since the monthly billing charge has been assessed by Design Bundles, the month’s charge would not qualify for a refund.
5.4.2 Plus Membership Credits do not have a cash value and expire when you or Digforest cancels your PLUS Membership.
5.5 – Refund – Duplicate Purchases: If you have purchased an individual product which you have already licensed from Digforest, whether as an individual product or as part of a bundle, Digforest can refund the price you paid most recently for the Product within thirty (30) days of purchase. Digforest reserves the right to refuse to provide a refund according to this Section if an individual product was purchased first, and is subsequently included in a bundle, event, or special offer.
6. Products – Supply: Digforest may need certain information from you so that Digforest can supply the Product(s) to you. If so, this will have been stated in the description of the Product(s) on the Digforest Platform. If you do not give Digforest this information within a reasonable time, or if you give Digforest incomplete or incorrect information, Digforest may either a) refund the purchase price of the Product minus a reasonable service fee or (b) make an additional charge of a reasonable sum to compensate Digforest for any extra work that is required as a result. Digforest will not be responsible for supplying the Products late or not supplying any part of the Product(s) if this is caused by you not giving Digforest the information needed.Digforest may have to suspend the supply of a Product to:
- deal with technical problems or make minor technical changes;
- update the Product(s) to reflect changes in relevant laws and regulatory requirements;
- make changes to the product as requested by you or notified by us to you.
You are encouraged to download a Product as soon as practical after purchase. Digforest may contact you in advance to tell you we will be suspending supply of a Product but cannot guarantee that Digforest will do so. If Digforest has to suspend a Product, you may contact Digforest to receive a refund of the purchase price if the Product has been suspended within thirty (30) days of the purchase of the Product. If the Product has been suspended thirty-one (31) days or longer after the purchase the of the Product, you may contact Digforest to receive one (1) PLUS credit for each Product that Digforest suspended. If Digforest has to suspend a Product in its entirety that requires an ongoing payment or subscription, Digforest will adjust the price so that you do not pay for Product(s) while they are suspended. You may contact Digforest to end the contract for a Product that requires an ongoing payment if Digforest suspends it, or tells you Digforest is going to suspend it, in each case for a period of more than fourteen (14) days and Digforest will refund any sums you have paid in advance for the Product in respect of the period after you end the contract. If you do not pay Digforest for a Product when you are supposed to and you still do not make payment within seven (7) days of Digforest reminding you that payment is due, Digforest may suspend supply of the Product(s) until you have paid Digforest the outstanding amount(s). Digforest will contact you to tell you Digforest is suspending supply of the Product(s), but please be advised that a third party payment portal such as PayPal, Stripe or others may continue to try and collect outstanding payments due Digforest. Digforest will not charge you for the Product(s) during the period for which it/they are suspended. As well as suspending the products Digforest can also charge you interest as permitted by law on your overdue payments.
7. Product – Consumer Termination: Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how Digforest is performing, when you decide to end the contract, and whether you are a consumer or business customer.
If what you have bought is faulty or mis-described, you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back). If you are a consumer, Digforest is under a legal duty to supply Product(s) that are in conformity with this Contract. The Consumer Rights Act 2015 says digital content (for example a font) must be as described, fit for purpose and of satisfactory quality:
- if the Product(s) is faulty, you are entitled to a repair or a replacement.
- if the fault cannot be fixed, or if it has not been fixed within a reasonable time and without significant inconvenience, you can get some or all your money back
- if you can prove the fault has damaged your device and Digforest has not used reasonable care and skill, you may be entitled to a repair or compensation.
If you are a consumer, how long you have to change your mind depends on what you purchased and how the Product(s) is delivered. If you have bought digital content for download (for example a font or a font bundle) you have fourteen (14) days after the day Digforest emails you to confirm Digforest’ acceptance of your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind.
Even if Digforest is not at fault and you are not a consumer who has a right to change their mind, you can still end the contract before it is completed, but you may have to pay Digforest compensation. A contract for digital content is completed when the product is delivered or downloaded and paid for. If you want to end a Contract before it is completed where Digforest is not at fault and you are not a consumer who has changed their mind, just contact Digforest to let us know. The Contract will end immediately, and Digforest will refund any sums paid by you for Product(s) not provided; but Digforest may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs Digforest will incur as a result of your ending the Contract.
8. Digforest Contact and Response: To end the Contract with Digforest, notify Digforest of a concern with a Product, ask a question, or leave a comment with Digforest, please let us know by email. You can email Digforest Customer Services at [email protected]. Please provide, if applicable, your name, home address, details of the order and, where available, your phone number and email address.
If you are entitled to a refund under these terms, Digforest will refund you the price you paid for the Product(s), by the method you used for payment subject to these Terms . However, Digforest may make deductions from the price. Digforest will make any refunds due to you as soon as possible. If you are a consumer exercising your right to change your mind, your refund will be made within fourteen (14) days of you properly telling Digforest you have changed your mind.
9. Termination – Digforest: Upon Notice, Digforest may end the contract for a Product(s) at any time if:
- you do not make any payment to Digforest when it is due, and you still do not make payment within seven (7) days of Digforest reminding you that payment is due;
- Digforest considers you to be in breach of these terms;
- you do not provide Digforest with information that is necessary for Digforest to provide the Product(s); or
- you do not, within a reasonable time, allow Digforest to supply the products to you.
If Digforest ends the contract in the situations set out above in Paragraph 9, Digforest will refund any money you have paid in advance for Product(s) Digforest has not provided, but Digforest may deduct or charge you reasonable compensation for the net costs Digforest will incur as a result of your breaking the Contract. Digforest may state the withdrawal date on the website or, if Digforest provides you with subscription services, Digforest may write to you to let you know that Digforest is going to stop providing the Product(s). Digforest will let you know in advance of our stopping the supply of the product(s) and will refund any sums you have paid in advance for Product(s) which will not be provided.
10. Pricing and Payments: The price of the Product, which may include VAT (or its equivalent in other countries, depending on where you are purchasing our Products from), will be the price indicated on the order pages when you placed your order. If the rate of VAT changes between your order date and the date Digforest supplies the Product, Digforest will adjust the rate of VAT that you pay, unless you have already paid for the Product in full before the change in the rate of VAT takes effect. Digforest take all reasonable care to ensure the price of the Product advised to you is correct. Where the Product’s correct price at your order date is less than our stated price at your order date, Digforest will charge the lower amount. If the Product’s correct price at your order date is higher than the price stated to you, Digforest will contact you for your instructions before Design Bundles accepts your order.
Digforest accepts payment via PayPal, Store Credit, or by a third-party online card payment service. Digforest utilizes third-party payment processing and therefore does not have access to your full payment information including but not limited to your credit card information. A single Product payment transaction can only be paid for with one type of payment and cannot be split across multiple payment types (for example – Store Credit cannot be combined with PayPal to pay for a purchase). You must pay for the Product(s) before you download them. If you are a business customer, you must pay all amounts due to Digforest under these terms in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law). If you do not make any payment to Digforest by the due date, Digforest may charge interest to you on the overdue amount at the rate of eight percent (8%) a year above the base lending rate of the Bank of England from time to time or as permitted by law. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
11. Digforest Responsibility – Consumer: If Digforest fails to comply with these terms, Digforest is responsible for loss or damage you suffer that is a foreseeable result of Digforest breaking this Contract or our failing to use reasonable care and skill, but Digforest is not responsible for any loss or damage that is not foreseeable or that cannot be proven was caused by Digforest. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both Digforest and you knew it might happen, for example, if you communicated it with Digforest during the sales process or it is listed in documentation on the Digforest Platform. Digforest does not exclude or limit in any way Digforest liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by Digforest’ negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information Digforest provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to Digforest; supplied with reasonable skill and care and, where installed by Digforest, correctly installed; and for defective products under the Consumer Protection Act 1987.
If Product(s) which Digforest supplied damages a device or digital content belonging to you and this is caused by Digforest’ failure to use reasonable care and skill, Digforest will either repair the damage or pay you compensation subject to the limits set forth in these Terms and Conditions. However, Digforest will not be liable for damage which you could have avoided by following Digforest’ advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
Digforest is not liable for business losses. If you are a consumer, we only supply the Product(s) for the uses set forth in the Digforest License purchased by you. If you use the products for any commercial, business, or profit purpose (referred to as “Business” or “Business Use”), Digforest’ liability to you will be limited as set forth below.
12. Digforest Responsibility– Business: Digforest is not liable for any business loss. Nothing in these terms shall limit or exclude Digforest liability for:
- death or personal injury caused by Digforest’ negligence, or the negligence of Digforest’ employees, agents, or subcontractors (as applicable);
- fraud or fraudulent misrepresentation; or
- defective products under the Consumer Protection Act 1987.
Subject to Clause listed above:
- Digforest shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any Contract between us
- Digforest’ total liability to you for all other losses arising under or in connection with any Contract between us, whether in contract, tort (including negligence), breach of statutory duty
13. Purchaser Responsibility: You hereby indemnify, defend, and hold harmless Digforest against all losses, liabilities, costs, and expenses (including but not limited to legal costs) arising from or incurred by reason of any breach by you of any of the provisions under these terms and conditions.
14. Warranties: Digforest provides the materials on the Digforest Platform “as is.” Digforest makes no warranties, expressed or implied, and disclaims all warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement. Digforest does not warrant or make any representations concerning the accuracy, results, or reliability of the use of the materials on the Digforest Platform. Digforest has no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Digforest Platform.
15. Assumption of Risk: You acknowledge and agree that you should not rely on the Digforest Platform for any reason. You further acknowledge that you are solely responsible for maintaining and protecting all your data, images, and information, even if it is stored, created, retrieved, or otherwise processed by the Digforest Platform. You acknowledge that Digforest makes no representation that (a) the Digforest Platform will be uninterrupted, secure, or error-free; (b) the results obtained from use of the Digforest Platform will be accurate or reliable; or (c) any errors on the Digforest Platform will be corrected. You acknowledge that Digforest takes commercially reasonable efforts to keep the Digforest Platform free of intellectual property violations and that it is your responsible to ensure that you are not violating any intellectual property rights when you create an end product(s). YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA OR IMAGES THAT RESULTS FROM USING THE DIGFOREST PLATFORM, INCLUDING ANY DAMAGES OR LOSS OF INFORMATION, DATA, OR IMAGE RESULTING FROM COMPUTER VIRUSES.
16. User Submissions – Whenever you make use of a feature that allows you to upload content to the Digforest Platform, or to make contact with other users of the Digforest Platform, you must comply with the content standards set forth.
You shall not submit to appear on the site any information, comments, images, product reviews, third party URL links or other material whatsoever in any format (“User Submissions”) that may reasonably be deemed to be offensive, illegal, inappropriate, or threatening in any way:
- promote racism, bigotry, hatred, or physical harm of any kind against any group or individual;
- harass or advocate harassment of another person;
- display pornographic or sexually explicit material;
- promote any conduct that is abusive, threatening, obscene, defamatory or libelous;
- promote any illegal activities;
- provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;
- promote or contain information that you know or believe to be inaccurate, false or misleading;
- engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising, and pyramid schemes, without Digforest’ prior written consent; or
- infringe any rights of any third party.
You warrant that any such User Submission does comply with these terms, and you will be liable to us and indemnify Digforest for any breach of that warranty. This means you will be responsible for any loss or damage Digforest suffers as a result of your breach of warranty.
You acknowledge that making a User Submission does not guarantee that such User Submission, or any part thereof, shall appear on any part of the Digforest Platform. You agree that Digforest may, at its sole discretion, choose to display or remove any User Submission or any part of the same that you make on the Digforest Platform.
Any User Submission made to the Digforest Platform will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited license to use, store and copy that content and to distribute and make it available to third parties. When you upload or post content to the Digforest Platform, you grant Digforest a non-exclusive, perpetual, irrevocable, worldwide license to use the User Submissions for the purpose of performing Digforest’ obligations in these terms and making them available to other users of the Digforest Platform. Digforest also has the right to disclose your identity to any third party who is claiming that any User Submission made to the Digforest Platform constitutes a violation of their intellectual property rights, or of their right to privacy. In the event that you have a dispute with any other user of the Digforest Platform, you hereby release us from any claims, demands and damages (whether actual or consequential) of any kind and nature, known and unknown, arising out of or in connection with such dispute.
17. Limitation of Liability and Actions: IN NO EVENT SHALL DESIGN BUNDLES, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR LOSS OF USE OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DESIGN BUNDLES PLATFORM OR THESE TERMS, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE. Some jurisdictions do not allow the exclusion of certain damages, so the above may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law. Any claim or cause of action arising out of or related to your use of the Digforest Platform must be filed within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.
18. Indemnity: You agree to indemnify and hold Digforest and its, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Digforest Platform, your violation of the Terms, or your violation of any rights of another.
19. Your Conduct: By using the Digforest Platform, you agree not to download, upload, post, e-mail or otherwise send or transmit any material that contains viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Digforest Platform. You also agree not to interfere with the servers or networks connected to the Digforest Platform or to violate any of the procedures, policies, or regulations of networks connected to the Digforest Platform, the terms of which are incorporated herein. You also agree not to: (1) impersonate any other person while using the Digforest Platform; (2) conduct yourself in a vulgar, offensive, harassing, or objectionable manner while using the Digforest Platform; (3) use the Digforest Platform for any unlawful purpose; or (4) resell or export any software, promotional image, video, manual, guide, tutorial, or other Digforest generated customer service or educational product associated with the Digforest Platform. Digforest does not promote, recommend, or condone use of the Digforest Platform during activities where there is a significant risk of accident. You agree not to use the Digforest Platform during such activities.
21. Links: Digforest has not reviewed all links that may be posted on the Digforest Platform and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Digforest of the third-party site or endorsement of the Digforest Platform by the third-party link. Use of any such linked website is at the user’s own risk.
23. Your Information and Privacy: By using the Digforest Platform, you may submit your personal information as set forth in the Digforest Privacy Notice (the “Privacy Notice”), the terms of which are incorporated into these Terms. Subject to the terms of the Privacy Notice, we may need your permission to do certain things that you ask us to do with your information, for example, storing your Personal Information on our servers for access by the Digforest Platform. You agree that we need to do those things solely to provide our services to you, and you give us permission to do so. Further, you acknowledge and understand that if you choose to link the Digforest Platform to any third-party service, for example, Facebook, that service may require you to create an account with the third-party service, and to do so, the third party may require you to provide additional personal information that is outside our control. You agree that you are solely responsible for the content you submit to the Digforest Platform. For example, it is your responsibility to ensure that you have the rights or permission needed to comply with these Terms. If any of the content that you use in connection with the Digforest Platform is the protected intellectual property of others, you are responsible and liable for how you use that content. As part of using the Digforest Platform, you acknowledge that Digforest may collect or otherwise have access to information that you provide to any third-party service that you choose to connect to the Digforest Platform. Digforest will not use any of the Personal Information obtained from any such third-party service for any purpose other than to provide you with the Digforest services.
24. Electronic Communications: By utilizing the Digforest Platform, you consent to receive electronic communications and notices from Digforest. You agree that any notice, agreement, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
25. Account Security: You are responsible for safeguarding the password that you use to access the Digforest Platform, and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Digforest of any unauthorized use of your account. You acknowledge that if you wish to protect your transmission of information to Digforest, it is your responsibility to use a secure encrypted connection to communicate with the Digforest Platform. You are solely responsible for securing and backing up your content.
26. Intellectual Property Rights: Digforest and/or its licensors are the sole owners of the Digforest Platform and the Digforest services, which include any software, method of doing business, domains, and content made available through the Digforest Platform. Except as expressly authorized by Digforest, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of any content of the Digforest Platform. Additionally, you must not modify, decompile, or reverse engineer any of the Digforest Websites, and/or Digforest Platforms. and you must not remove or modify any copyright notice, trademark notice, or other notice of ownership.
27. Trademarks: “Digforest Trademarks” means all names, marks, brands, logos, designs, trade dress, slogans, or other designation that Digforest uses in connection with its products and services. You may not remove, use, or alter any Digforest Trademarks without Digforest’ prior written consent. You acknowledge Digforest’ rights in the Digforest Trademarks and agree that any use of the Digforest Trademarks by you will inure to Digforest’ sole benefit. You agree not to incorporate any Digforest Trademarks into your trademarks, service marks, company names, web addresses, domain names, or any other similar designations, for use on or in connection with any products, services, or technologies except as permitted under a properly obtained license from the Digforest Platform. All other trademarks not owned by Digforest that appear in connection with the Digforest Platform are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Digforest.
28. License: Unless explicitly stated herein or a License is purchased or given, nothing in these Terms may be construed as conferring any license to intellectual property rights. Permission is granted to display, use, and download services on the Digforest Platform provided that: (a) any applicable copyright notice remains on the content; (b) such content will not be copied or posted on any networked computer or published in any medium, except as explicitly permitted by valid permission or license covering such materials; and (c) no modifications are made to such content. This permission terminates automatically without notice if you breach any of the Terms.
29. Termination: We reserve the right to suspend or end the Digforest Platform and/or your Digforest Account or support for the Digforest Platform at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or if you use the Digforest Platform in any way that would cause us legal liability or disrupt others’ use of the Digforest Platform. If we suspend or terminate your use, we may attempt to let you know in advance, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend your access immediately without notice.
30. Force Majeure: Digforest will not be liable for any failure or delay in the performance of its obligations caused by events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, epidemics or pandemics, acts of God, war, terrorism, civil unrest, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers. Upon the occurrence of any such event, Digforest will be excused from any further performance of its obligations effected by the event for so long as the event continues, and you will not be entitled to any refund of any fees paid.