Last updated 3-7-2018
We’re not lawyers, but we did have our lawyers look at this! We’re people just like you. We’ve tried to create clear and simple terms of service, but they do cover all situations. By signing up for any of our services, you agree to everything here. If you have questions – just ask us!
0.1 PRODUCT LIST
These terms cover the following all of our services and specifically these products:
* 10.1 Product Shots, Videos, and Copywriting
* 10.2 SEO Services
* 10.3 Any Private Consulting, My Product Model E-Commerce Mastermind
1.0 DEFINITION OF TERMS, AND TERMS OF SERVICE
In the following document the word “you” means you, the subscriber, the customer, the purchaser of services, and also includes your staff or other partners who you provide authorized access to agency level accounts. You the purchaser are liable for their actions and they agree to these terms by logging in as well.
Daisi Media Corp. (hereafter referred to as DMC) is a California USA registered company.
When we use the word “our” it means all our company, products, and services that are managed under Daisi Media Corp.
When we say “Daisi Media Corp.” we are referring to all products, services, websites, and offerings in our corporate umbrella noted in 0.1 – the product list.
BEFORE USING ANY OF THE DAISI MEDIA CORP. SERVICES, YOU ARE REQUIRED TO READ, UNDERSTAND AND AGREE TO THESE TERMS. YOU MAY ONLY CREATE AN ACCOUNT AFTER READING AND ACCEPTING THESE TERMS. THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE DAISI MEDIA CORP. SERVICES (“SERVICES”). BY USING THE DAISI MEDIA CORP. SERVICES YOU AGREE TO THESE TERMS, AS SUCH MAY BE AMENDED FROM TIME TO TIME AT DAISI MEDIA CORP.'S ABSOLUTE DISCRETION. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
2.0 ACCEPTANCE OF TERMS
By signing up for any of our services, you understand and accept that this is a pay for access subscription. No set amount of work is promised. You pay to have access to place orders and receive content, to receive email and customer portal access, to receive webinar and e-learning materials, but if you do not use this access, you are not automatically entitled to a refund.
3.0 DESCRIPTION OF SERVICE
The websites of Daisi Media Corp. offers various content marketing, development, writing, SEO, social media, design services, and general business services. Services include, but are not limited to, any service and/or content Daisi Media Corp. makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services.
Your access to and use of the Daisi Media Corp. network of sites may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the sites or any other reason within or outside of our control. Daisi Media Corp. reserves the right to amend, suspend or discontinue the availability of the sites on our network and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice.
As a condition to using Services, you are required to open an account with Daisi Media Corp. and select a password and username, and to provide registration information. The registration information you provide must be 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 Daisi Media Corp. account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
4.1 Don’t reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify Daisi Media Corp. of any security breach of your Account. Daisi Media Corp. shall not be responsible for any losses arising out of the unauthorized use of your Account. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Daisi Media Corp. account.
4.2 Services are available only to legal entities and to individuals who are at least 18 years old.
The term “you” or “your” as used herein shall at all times include the individual or legal entity which has subscribed to the Daisi Media Corp. Services hereunder, including but not limited to any and all persons and/or legal entities with which it is affiliated and/or associated, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns.
You agree that you will pay for the Services, and that Daisi Media Corp. may charge your payment method for any services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING DAISI MEDIA CORP. WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.
Your total price will include the price of the product but expressly excludes any applicable taxes; such service tax is based on the bill-to address and the applicable tax rate in effect at the time you use the Services. We will charge tax only in such jurisdictions where the services are taxable. Should the tax laws change in your jurisdiction you will be responsible for any tax difference owed. You should seek the advice of a certified tax professional regarding all tax ramifications of the business relationship between you and Daisi Media Corp.
5.1 Prices for the Services may change at any time at Daisi Media Corp’s sole and exclusive discretion. The Services do not provide price protection or refunds in the event of a price reduction or promotional offering.
5.2 In order to have an active account with any Daisi Media Corp product or service you must have credit card on file with us, or when approved, an active PayPal subscription . We will auto-bill your card or PayPal account each month for services. We do not invoice for services and await payment. You must have an active payment method on file in order to have an account. After 3 failed payment attempts we reserve the right to disable your account until all past due amounts are paid in full.
5.3 PayPal subscription payment option is available on a case by case basis and is approved by the DMC management team. If you cancel your PayPal subscription you will lose access to our service and all files immediately.
6.0 USE OF SERVICES AND RENTED CONTENT
You agree that the Service may include security technology that limits your use and that you shall use the Service in compliance with the applicable usage rules established by Daisi Media Corp and its licensors (“Usage Rules”), and that any other use may constitute a copyright infringement. Daisi Media Corp reserves the right to modify the Usage Rules at any time. You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason—or to attempt or assist another person to do so. Usage Rules may be controlled and monitored by Daisi Media Corp for compliance purposes, and Daisi Media Corp reserves the right to enforce the Usage Rules without notice to you. You agree not to access the Service by any means other than through software that is acceptable to Daisi Media Corp. You shall not access or attempt to access an account that you are not authorized to access. Violations of system or network security may result in civil or criminal liability.
7.0 RELEASE AND INDEMNITY
You hereby expressly and irrevocably release and forever discharge Daisi Media Corp its affiliated and associated companies products and services, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless Daisi Media Corp its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, punitive, exemplary and indirect damages), and reasonable attorneys’ fees, relating to, resulting from or arising out of, in whole or in part (i) any breach of these Terms, whether or not deemed to be material or immaterial; (ii) the use of or reliance upon the Services, by you or any person acting on your behalf or using your account or Daisi Media Corp Username and password; or (iii) any material or immaterial violation of any rights, title or interests of any third party.
8.0 LIMITATION OF LIABILITY
In no event shall Daisi Media Corp be liable to You under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common law or with respect to the site, the service or any content (i) for any lost profits, loss of use, or actual, special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. You understand that your sole remedy for any damages you allege have been sustained as a result of the Services is to cancel your subscription.
DAISI MEDIA CORP AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE YOUR ABILITY TO TERMINATE THE SERVICE EFFECTIVE UPON RECEIPT BY DAISI MEDIA CORP OF YOUR WRITTEN NOTICE OF TERMINATION, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
9.0 INTELLECTUAL PROPERTY
Daisi Media Corp. products and services logos, designs, page headers, button icons, scripts, service names and any other intellectual property are the sole and exclusive intellectual property of DMC. Daisi Media Corp's intellectual property may not be used in connection with any product or service without our prior written consent. Notwithstanding the foregoing, the images and icons available in the Daisi Media Corp Press Kit may used by partners and approved third party sites in connection with providing appropriate links to the Daisi Media Corp sites.
10.0 SUPPORT REQUESTS & REASONABLE USE OF OUR PRODUCTS AND SERVICES
Support must be requested through the proper channels to be received and responded to in a reasonable amount of time. To request support please email email@example.com or use the customer dashboard for your product.
10.1 Request Details for My Product Model Product Shots, Videos and Copywriting
Each request is subject to a maximum of effort images, video and/or words listed according to the product service description at the time of purchase. The effort required for photos, video and copywriting is exclusively determined by the Daisi Media Corp management. For work outside of the scope of the of the normal My Product Model process, our management may provide alternative solutions to the client including referral to the Daisi Media Corp partner network or additional one time fees.
My Product Model provides support during business hours 9 am to 5 pm Pacific Standard Time Monday through Friday, but provides no guarantee either express or implied on the timeframe of when a photo, video or copywriting request can or will be completed.
Your requests are subject to approval by My Product Model management or by its assigned agent.
10.1.1 NATURE OF REQUESTS
Requests should fall within the following categories, although it is not limited to these:
* Product Photos
* Editorial Photos
* Commercial Photos
* Stock Photos
* Stock Videos
* Spokesperson Videos
* Product Demo Videos
* Brand Videos
* Blog Post Writing (up to 3,000 words)
* Newsletter Copywriting
If you are unsure about the whether or not a request meets these criteria, submit it as a request to our support system and we will either accept the ticket or deny the ticket based on managerial approval.
Examples of requests which shall not meet My Product Model management approval for support:
* Nude photos.
* Nude videos.
* Content the expresses defamatory language or imagery.
* eBook writing.
* Complete email series writing will be rejected as a single order, but can be entered one email at a time in most cases.
* Any copywriting deemed by My Product Model management to exceed 3,000 word segment effort or extensive research. We reserve the right to reject any order, but in most cases will have a fair alternative of time or extra fees for the project.
10.1.2 ORDERS THAT WILL BE REJECTED AND NOT PROCESSED
My Product Model reserves the right to reject any order at anytime without cause. We are not obligated to complete an order if for any reason it does not fit within the nature of what we feel is acceptable content.
Specifically our writers do not write:
* Adult erotica
* About anything we deem to be illegal
* Anything inciting or recommending illegal violence
* Anything that is deemed derogatory or degrading to any race, gender, or class of people
* Anything that is overtly sexual in nature and anything with sexual content that our writers and management are not comfortable with
* Anything recommends immoral behavior that we deem unfit to write about
We reserve the right to reject any orders that pertain to anything in this sphere of content at any time and refunds for unprocessed orders with this type of content request are not available under any circumstances.
10.1.3 COPYWRITER TODAY AUTOPILOT (and other upgraded account notes)
We only officially offer and support autopilot posting to WordPress sites. Other CMS versions may not be supported. We reserve the right to not offer autopilot services to customers that desire posting to non-WordPress sites.
If you choose to upgrade your account at sign up to autopilot, editing, or any other add on services, this cancels the trial period as we have extra labor involved and we immediately assign resources to your account. Your payment method will be charged immediately.
10.1.3 MY PRODUCT MODEL SATISFACTION GUARANTEE POLICY
If for any reason you’re not satisfied during the first month of service with us, you can request a cancellation and we will refund you the remaining amount of time you have not used. For example (your specific refund details may vary greatly from this) if you were to sign up for $300 a month, and you used 15 days, you would receive a $150 refund less any other expenses incurred.
In order to receive the refund you are required to do an exit interview with your account manager so we can improve the service for future customers.
10.1.5 COMMITMENT TERMS OF 3, 6, or 12, MONTHS
3 and 6 month terms:
When you commit to a 3 or 6 month term on our subscription page, you are responsible to complete that term. If you choose to cancel before the term is up, you will be charged the discounted difference.
For example, if you sign up for a account with a 3 month committment and your monthly payment is $250 per month and you are getting a $50 per month discount.
If you choose to cancel after two months, you will be responsible for the $50 discount applied, times two months, so the charge would be $100 for your cancellation due to the fact that you broke the commitment term.
Our accounting department will advise you of the cancellation cost.
12 month terms:
When you prepay for a year account, you are committing to working with our team for 12 months. If you choose to cancel before the the year is up, you forfeit 50% of the remaining paid time and are not due a full refund.
For example, if you prepaid $2000 for an annual commitment account, and after six months time decided to cancel services, you would only receive $500 in a prorated refund. You would have used $1000 of services to date (over the six month period) and with annual prepaid accounts it is our policy to only refund 50% of the remaining funds due to the aggressive discount given at the beginning.
Our accounting department will advise you of the cancellation cost.
10.2 SEO SERVICES
Client acknowledges that Daisi Media Corp has no control over changes to search engine policies or algorithms. At any time, Client’s website may lose rankings or be excluded from search results at the sole discretion of the search engine.
The fee that you pay DMC is simply for content creation and link building and does not guarantee results of any kind.
10.3 ANY PRIVATE CONSULTING or MY PRODUCT MODEL E-COMMERCE MASTERMIND
There will be no refunds for private consulting. Any charitable donations that have been made from your consulting or membership fee are non-refundable.
10.6.2 What is Included
Through Private Consulting you will be given access to the resources included in the membership area, as-needed access to email and phone support with your consultant, and possible access (on a case-by-case basis) to discounted products and services from Daisi Media Corp. and other vendors.
10.6.3 Exclusions & Further Explanation of Service
You may not have unlimited access to the resources mentioned above. Daisi Media Corp and its management reserve the right to terminate a Private Consulting relationship at any time for any reason. If we terminate the relationship there will be no refunds issued.
Participating in our Private Consulting services does not guarantee results of any kind. You are responsible for putting in place and acting on the resources and advice that we provide. We are absolutely in no way liable for the results of the advice that we provide or the results of the actions that you take. The resources provided through our Private Consulting services are purely for your educational benefit. You are responsible for verifying their validity and their applicable use for your business.
10.6.4 Payment for My Product Model E-Commerce Mastermind
During the first 30 days of membership you can cancel at anytime. You will not be entitled to a refund, but not further charges will be due. After the 30 day membership you are required to completed payments based on the agreement for your mastermind or private consulting package.
11.0 LIVE CHAT
Daisi Media Corp. may from time to time offer live chat on our sites, but we cannot and will not provide full products or service support through chat. All orders must be processed in the standard order dashboard and or email support manner.
12.0 THIRD-PARTY MATERIALS
Certain services available may include materials from third parties. Daisi Media Corp. may provide links to third-party websites as a convenience to you. You agree that Daisi Media Corp. is not responsible for examining or evaluating the content or accuracy and does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that Daisi Media Corp. is not in any way responsible for any such use by you.
13.0 UNLIMITED AND REASONABLE USE
The term “unlimited” is subject to a reasonable use clause. The definition of reasonable use is determined by Daisi Media Corp. management, at its sole and exclusive discretion. Customers deemed to be abusing the Daisi Media Corp. products and services will be contacted by the Daisi Media Corp.. Daisi Media Corp. management retains the sole and absolute discretion to suspend service to you if we deem necessary.
14.0 TERMINATION & CANCELLATION
Cancellation can occur at anytime. You are never required to stay with us – in fact, we’d prefer you have the option to leave if you are unhappy with our service and give us feedback on how we can serve you better.
Daisi Media Corp. may terminate or suspend any and all Services and/or your Daisi Media Corp. product and service accounts immediately, without prior notice or liability, for any reason whatsoever, or for no reason, including without limitation if you breach the Terms. Upon termination of your account, your right to use our Services will immediately cease. If you wish to terminate your Daisi Media Corp. account, you must Contact us with your termination request. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You can contact us through the contact page or support area to issue a termination request.
14.1 TRIAL USE AND OWNERSHIP
If you are eligible for a trial account, we will attempt to create one piece of content during the trial period. We do not guarantee we will complete this piece. This is dependent on you placing an order for content.
If you choose to cancel your account during the trial period, all pending orders will be cancelled. You also do not own any of the content created during the trial if you choose to cancel. Only purchased and fully paid for content is yours to use.
14.2 TRIAL ACCOUNT EXCLUSIONS
At the sole discretion of Daisi Media Corp. we reserve the right to end your trial period and charge your on file payment method. This can happen at anytime for any reason, but can be due to any of the following factors:
* Your account details are suspicious and have been flagged as possible spammer activity
* Your payment card originates from a country or region that has attempted to attack our website
* You do not respond to our request for communication within a reasonable period of time
15.0 OWNERSHIP OF WORK
The content that we create for you is entirely owned by you, unless one of the following instances occurs:
* You attempt to defraud us or abuse our service in anyway.
* You request a refund after we have delivered your content. Any content from the refunded period is owned entirely by My Product Model since you chose not to pay for it.
You are free to use any content you have purchased for personal use, any commercial or business use.
However, you are not free to resell the content in any manner you see fit. Reselling of photo and video content is strictly prohibited.
Daisi Media Corp. reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, Daisi Media Corp. will notify you by posting an announcement on the site. What constitutes a material change will be determined at Daisi Media Corp’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.
No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind Daisi Media Corp. in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Daisi Media Corp shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Daisi Media Corp’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. Daisi Media Corp may transfer, assign or delegate the Terms and its rights and obligations without your consent. The Terms shall be governed by and construed in accordance with the laws of The United States of America, as if made within California between two residents thereof, the parties submit to the exclusive jurisdiction of California courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise expressly provided herein.
18.0 AFFILIATE PARTNER TERMS
By partnering with Daisi Media Corp on any of our product offerings, you agree to the following:
* Always to represent our products services in a professional and positive manner
* Always represent our products and services accurately and honestly
* To use our logos and imagery appropriately, and request feedback from our team should any questions arise
We agree to pay your partner agreed upon commission percentage amount 30 days after the client has been fully approved in our system, and also passed their 7 day money back trial period. By becoming an affiliate partner, you are not contracted in any manner, you are not an employee, and you are not a paid representative of our company in any way. You are simply being paid as a referral source. If you generate over $600 annually in commissions paid, you will be sent a 1099 at the end of the year for tax purposes if you reside in the United States. International partners are solely responsible for all their own tax documents as we do not issue any tax documents internationally.
You may contact us in writing at:
Daisi Media Corp
106 1/2 Judge John Aiso Street
Los Angeles, CA 90012
or feel free to email us at firstname.lastname@example.org
You may call us at 424-250-3681