Terms & Conditions
Mighty Digital World provides an online platform as a service (collectively, the "Services") that connects business owners, developers (collectively, "Authors") who have developed scripts, code, app, theme and/or plugin with customers seeking to purchase such items for their own use (collectively, the "Items"), which Items are accessible at Mighty Digital World and any other websites through which Mighty Digital World makes the Services available (collectively, the "Site", "Website" or "Platform") and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the "Application").
(Mighty Digital World hereinafter referred to as "Mighty Digital World", "we", "us", or "our"). Mighty Digital World handle any and all payments and payouts conducted through or in connection with the Site, Application or Services ("Payment Services"). Payment Services provided by Mighty Digital World are subject to the "Purchases and Financial Terms" herein section 8 of these terms of service.
"Item" means scripts, code, app, theme and/or plugin developed and offer by an author for sale of a license for use through the Site, Application, Services.
"Mighty Digital World Content" means all Content that Mighty Digital World makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.
"Collective Content" means Member Content and Mighty Digital World Content.
"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
"Buyer" or "Customer" means a Member who requests to purchase a license for use from an Author's Item via the Site, Application or Services.
"Authors" means a Member who creates a Item via the Site, Application and Services.
"Listing" means a Item that is listed by an Author and make available for Sale via the Site, Application, and Services.
"Sale" means a Member who creates a Item via the Site, Application and Services place on sale for license to use of the Item.
"Purchase" means a Member who buy a Item via the Site, Application and Services for license to use of the Item.
"Member" means a person who completes Mighty Digital World's account registration process, including but not limited to authors and customers, as described under "Account Registration" below.
"Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Item listing, Member profile or Mighty Digital World promotional campaign to be made available through the Site, Application or Services.
"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), service taxes, additional taxes that food and berverages providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
Terms of Service
In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.
The site, application and services comprise an online platform through which authors may create listings for Item and customers may learn about and purchase directly from the Site. You understand and agree that Mighty Digital World is not a party to any agreements entered into between author and customer, nor is Mighty Digital World a broker or agent. Mighty Digital World has no control over the conduct of authors, customers and other users of the site, application and services, and disclaims all liability in this regard to the maximum extent permitted by law.
If you choose to create a item on Mighty Digital World, you understand and agree that your relationship with Mighty Digital World is limited to being a member and an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Mighty Digital World for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of Mighty Digital World. Mighty Digital World does not control, and has no right to control, your items, your offline activities associated with your items, or any other matters related to any items, that you provide. As a member you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or forthe benefit of Mighty Digital World, including by inappropriately using any Mighty Digital World intellectual property.
You acknowledge and agree that, by accessing or using the site, application or services or by downloading or posting any content from or on the site, via the application or through the services, you are indicating that you have read, and that you understand and agree to be bound by these terms and receive our services (including, where applicable, programs, whether or not you have registered with the site and application. If you do not agree to these terms, then you have no right to access or use the site, application, services, or collective content. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
- Modification Mighty Digital World reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the "Last Updated" date at the end of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Site, Application and Services are intended solely for persons who are 13 or older. Any access to or use of the Site, Application or Services by anyone under 13 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 13 or older.
For users outside the United States, we may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain the local version of background or registered criminal offender checks in our sole discretion. For users in the United States, Mighty Digital World may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain reports from public records of criminal convictions of the user. You agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports, including from Mighty Digital World's vendors.
How the Site, Application and Services Work
The Site, Application and Services can be used to facilitate the listing and purchase of license to use of Items. Such Items are included in listings on the Site, Application and Services by Hosts. You may view listings as an unregistered visitor to the Site, Application and Services; however, if you wish to make a purchase or create a Item, you must first register to create an Mighty Digital World Account (defined below).
As stated above, Mighty Digital World makes available an online platform or marketplace with related technology for Customers and Authors and arrange for purchase of license to use for Items directly through the Site. Mighty Digital World is not an owner of the Items, nor is it a provider of Items, and Mighty Digital World does not own, sell, resell, furnish, provide, manage and/or control Items. Unless explicitly specified otherwise in the Mighty Digital World platform, Mighty Digital World's responsibilities are limited to facilitating the availability of the Site, Application and Services.
Please note that, as stated above, the site, application and services are intended to be used to facilitate authors and customers connecting and purchase of license to use of Items directly with each other. Mighty Digital World cannot and does not control the Item contained in any listings and the quality, services or legality of any Items. Mighty Digital World is not responsible for and disclaims any and all liability related to any and all Items. Accordingly, any purchases will be made or accepted at the member's own risk.
In order to access certain features of the Site and Application, and to Purchase an Items or create a Item for Sale, you must register to create an account ("Mighty Digital World Account") and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, ; each such account, a "Third-Party Account"), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Mighty Digital World Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Mighty Digital World through the Site, Services or Application; or (ii) allowing Mighty Digital World to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Mighty Digital World and/or grant Mighty Digital World access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Mighty Digital World to pay any fees or making Mighty Digital World subject to any usage limitations imposed by such third-party service providers. By granting Mighty Digital World access to any Third-Party Accounts, you understand that Mighty Digital World will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site, Services and Application via your Mighty Digital World Account and Mighty Digital World Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Mighty Digital World Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Mighty Digital World's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Mighty Digital World Account and your Third-Party Accounts, at any time, by accessing the "Profile" section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Mighty Digital World makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Mighty Digital World is not responsible for any SNS Content.
Your Mighty Digital World Account and your Mighty Digital World Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Mighty Digital World Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Mighty Digital World reserves the right to suspend or terminate your Mighty Digital World Account and your access to the Site, Application and Services if you create more than one (1) Mighty Digital World Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Mighty Digital World Account, whether or not you have authorized such activities or actions. You will immediately notify Mighty Digital World of any unauthorized use of your Mighty Digital World Account.
As a Author, you may create Listings. To create a Listing, you will be asked a variety of questions about the Item to be listed, including, but not limited to, the functionality, compatibility, features, and description of the Item. In order to be featured in Listings via the Site, Application and Services, all Items must be reviewed and approved by our review team. Listings will be made publicly available via the Site, Application and Services upon approval. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Customers and Authors preferences, ratings and/or deals competitveness.
Other Members will be able to Purchase your Items via the Site, Application and Services based upon the information provided in your Listing, your Customer requirements, and Customers' search parameters and preferences. You understand and agree that once a Customer make a Purchase of your Items, you may not request the Customer to pay a higher price than the original listed price.
You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post (i) will not breach any agreements you have entered into with any third parties, and (ii) will (a) be in compliance with all applicable laws, Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any Item included in a Listing you post, and (b) not conflict with the rights of third parties. Please note that Mighty Digital World assumes no responsibility for a Author's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Mighty Digital World reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Mighty Digital World, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Mighty Digital World's then-current Policies, Trademark & Branding Guidelines, or otherwise harmful to the Site, Application or Services.
If you are a Author, you understand and agree that Mighty Digital World does not act as your contracting agent. If a Customer Purchase your Item, any agreement you enter into with such Customer is between you and the Customer and Mighty Digital World is not a party to it.
Purchases and Financial Terms
"Service Fees" or "Commissions" means the fee that Mighty Digital World charges an Author for the Sale of Items, which is calculated as a percentage of the Item price.
"Author Fees" means the amount less Services Fees and other fee such as Tax if applicable.
"Payment Method" means a payment method that the Site, Application uses and/or you have added to your Mighty Digital World Account, such as a credit card, debit card or PayPal (where available).
"Total Fees" means collectively the total amount of the Item including the Service Fees plus any Taxes.
"Discount" means the Author made an offer to reduce the price of their Item's offerings to Customers.
Service Fees and Other Fees
In consideration for the use of Mighty Digital World's online marketplace and platform, Mighty Digital World charges Service Fees. Mighty Digital World collects these Service Fees pursuant to the "Purchases and Financial Terms" herein section 8 of these terms of service, and, where applicable, may also collect Taxes (such as GST) in respect of the Service Fees. Mighty Digital World deducts the Service Fees from the Purchase amount before remitting the balance to the Author if applicable.
- Key definitions
Mighty Digital World collect applicable Tax for each successful transaction. If applicable, such taxes shall reflected on the purchase summary and shall be payable by the Customer during checkout from the Site or Application.
You as a Author understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Mighty Digital World cannot and does not offer Tax-related advice to any Members.
- Foreign Currency All payments will be made in USD currency via the Online Portal. We have no responsibility for currency conversion.
- Intellectual Property Ownership and Rights Notices The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of Singapore and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Mighty Digital World and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of Mighty Digital World used on or in connection with the Site, Application, Services, and Mighty Digital World Content are trademarks or registered trademarks of Mighty Digital World in Singapore and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Application, Services, and Mighty Digital World Content are used for identification purposes only and may be the property of their respective owners. As an Author, Customer, or Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Site, Application, Services and Collective Content, including Mighty Digital World's IP Policy (as may be updated from time to time).
- Additional Terms Our Site, Application and Services have different products, features and offerings, so sometimes additional terms or product requirements may apply to your use of those products, features or offerings. For example, additional terms apply if you refer new users to Mighty Digital World ("Affiliate Program") or participate in our program. If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms.
- Application License Subject to your compliance with these Terms, Mighty Digital World grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any Apple App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple's proprietary operating system) and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. Mighty Digital World reserves all rights in the Application not expressly granted to you by these Terms.
Mighty Digital World Content and Member Content License
Subject to your compliance with these Terms and Mighty Digital World's IP Policy, Mighty Digital World grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Mighty Digital World Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Mighty Digital World or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application, Services, or through Mighty Digital World promotional campaigns, you hereby grant to Mighty Digital World a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. Mighty Digital World does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application, Services or through Mighty Digital World promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application, Services or through Mighty Digital World promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to Mighty Digital World the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Mighty Digital World's use of the Member Content (or any portion thereof) on, through or by means of the Site, Application, the Services or Mighty Digital World promotional campaigns will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Mighty Digital World is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Mighty Digital World of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
- Feedback We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). You may submit Feedback by emailing us, through the "Contact" section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Mighty Digital World and you hereby irrevocably assign to Mighty Digital World and agree to irrevocably assign to Mighty Digital World all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Mighty Digital World's request and expense, you will execute documents and take such further acts as Mighty Digital World may reasonably request to assist Mighty Digital World to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
- Copyright Policy Mighty Digital World respects copyright law and expects its users to do the same. It is Mighty Digital World's policy to terminate in appropriate circumstances the Mighty Digital World Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Mighty Digital World's IP Policy for further information.
Term and Termination, Suspension and Other Measures
This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Mighty Digital World terminate the Agreement as described below.
Termination for convenience
You may terminate this Agreement at any time via the "Cancel Account" feature on the Site or by sending us an email. If you cancel your Mighty Digital World Account as a Author, any confirmed purchases will be automatically cancelled and your Customers will receive a full refund. If you cancel your Mighty Digital World Account as a Customer, any confirmed purchases will be automatically cancelled and any refund will depend upon the terms of the applicable cancellation policy.
Without limiting our rights specified below, Mighty Digital World may terminate this Agreement for convenience at any time by giving you 30 days' notice via email to your registered email address.
Termination for breach, suspension and other measures
Mighty Digital World may immediately, without notice terminate this Agreement if (i) you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the "User Conduct" provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Mighty Digital World Account registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) Mighty Digital World believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, Mighty Digital World or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In addition Mighty Digital World may deactivate or delay Listings, reviews, or other Member Content, cancel any pending or confirmed purchases, limit your use of or access to your Mighty Digital World Account and the Site, Application or Services, temporarily or permanently revoke any special status associated with your Mighty Digital World Account, or temporarily or permanently suspend your Mighty Digital World Account if (i) you have breached these Terms or our Policies, including material and non-material breaches and receiving poor ratings from Authors or Customers, or (ii) Mighty Digital World believes in good faith that such action is reasonably necessary to protect the safety or property of Members, Mighty Digital World or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In case of non-material breaches and where appropriate, you will be given notice of any measure by Mighty Digital World and an opportunity to resolve the issue to Mighty Digital World's reasonable satisfaction.
If we take any of the measures described above we may (i) communicate to your Customers or Authors that a pending or confirmed Purchases has been cancelled, (ii) refund your Customers in full for any and all confirmed Purchases, irrespective of preexisting cancellation policies, (iii) support your Customers, on an exceptional basis, in finding potential alternative Items, and (iv) you will not be entitled to any compensation for confirmed Purchases that were cancelled.
If you or we terminate this Agreement, we do not have an obligation to delete or return to you any of your Member Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your Mighty Digital World Account or any of your Member Content. If your access to or use of the Site, Application and Services has been limited or your Mighty Digital World Account has been suspended or this Agreement has been terminated by us, you may not register a new Mighty Digital World Account or attempt to access and use the Site, Application and Services through other Mighty Digital World Accounts.
If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
If you choose to use the site, application, services or collective content or participate in the referral program, you do so at your sole risk. You acknowledge and agree that Mighty Digital World does not have an obligation to conduct background or registered criminal offender checks on any member, including, but not limited to, customers and authors, but may conduct such background or registered criminal offender checks in its sole discretion.
The site, application, services, collective content and affiliate program are provided "as is", without warranty of any kind, either express or implied. Without limiting the foregoing, Mighty Digital World explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Mighty Digital World makes no warranty that the site, application, services, collective content, including, but not limited to, the listings or any outlets, or the affiliate program will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Mighty Digital World makes no warranty regarding the quality of any listings, items, authors, customers, the services or collective content or the accuracy, timeliness, truthfulness, completeness or reliability of any collective content obtained through the site, application, services or affiliate program.
No advice or information, whether oral or written, obtained from Mighty Digital World or through the site, application, services or collective content, will create any warranty not expressly made herein.
You are solely responsible for all of your communications and interactions with other users of the site, application or services and with other persons with whom you communicate or interact as a result of your use of the site, application or services, including, but not limited to, any authors or customers. You understand that Mighty Digital World does not make any attempt to verify the statements of users of the site, application or services or to review or visit any Items. Mighty Digital World makes no representations or warranties as to the conduct of users of the site, application or services or their compatibility with any current or future users of the site, application or services. You agree to take reasonable precautions in all communications and interactions with other users of the site, application or services and with other persons with whom you communicate or interact as a result of your use of the site, application or services, including, but not limited to, customers and authors, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by Mighty Digital World. Mighty Digital World explicitly disclaims all liability for any act or omission of any guest or other third party.
- Limitation of Liability You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, application, services and collective content, your listing or Purchase of any Items via the site, application and services, your participation in the affiliate program, and any contact you have with other users of Mighty Digital World whether in person or online remains with you. Neither Mighty Digital World nor any other party involved in creating, producing, or delivering the site, application, services, collective content or the affiliate program will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the site, application, services or collective content, from any communications, interactions or meetings with other users of the site, application, or services or other persons with whom you communicate or interact as a result of your use of the site, application, services, or your participation in the affiliate program or from your listing or Purchase of any Items via the site, application and services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Mighty Digital World has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
- Indemnification You agree to release, defend, indemnify, and hold Mighty Digital World and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) Purchase of Items, or (iii) creation of a Item Listing; (d) the use, quality and services of Items provided by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Purchase of an Item; or (e) your participation in the Affiliates Program.
Accessing and Downloading the Application from iTunes
The following applies to any Application accessed through or downloaded from the Apple App Store ("App Store Sourced Application"):
- You acknowledge and agree that (i) these Terms are concluded between you and Mighty Digital World only, and not Apple, and (ii) Mighty Digital World, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
- In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Mighty Digital World and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Mighty Digital World.
- You and Mighty Digital World acknowledge that, as between Mighty Digital World and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You and Mighty Digital World acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, as between Mighty Digital World and Apple, Mighty Digital World, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.
- You and Mighty Digital World acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
- Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
- Entire Agreement Except as they may be supplemented by additional Mighty Digital World policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between Mighty Digital World and you regarding the Site, Application, Services, Collective Content (excluding Payment Services), and any Purchases or Listings of Items made via the Site, Application and Services (excluding Payment Services), and these Terms supersede and replace any and all prior oral or written understandings or agreements between Mighty Digital World and you regarding Purchases or listings of Items, the Site, Application, Services, and Collective Content (excluding Payment Services).
- Assignment You may not assign or transfer these Terms, by operation of law or otherwise, without Mighty Digital World's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Mighty Digital World may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
- Notices Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Mighty Digital World (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
- Controlling Law and Jurisdiction These Terms and your use of the Services will be interpreted in accordance with the laws of Singapore, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Singapore District Court for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
Mighty Digital World upmost priority is to maintain a safe and credible site and does not tolerate any fraud, scam or illicit behavior. If the Customer or Host is found to have conducted or intention to conduct business that is illegal or fraudulent, the Host's account will immediately be disabled and any pending payment will be retained.
Customer may report a dispute to Mighty Digital World within 2 days after the completion of the sale. Once a dispute is reported, Mighty Digital World will contact the Customer to understand the dispute and to resolve it. The Customer is to provide all necessary documentation as evidence within 5 working days. Any payment for the sale will be on hold with Mighty Digital World pending resolution of the dispute. Mighty Digital World aims to settle a dispute within 14 working days.
- General The failure of Mighty Digital World to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Mighty Digital World. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
- Third party beneficiary These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
- Contacting Mighty Digital World If you have any questions about these Terms, please contact us.
Revision 1.0 updated on Jan 1, 2018 by Mighty Digital World
a member who makes items available for sale on Mighty Digital World.
Author fee / Commission
is what you are charged by Mighty Digital World for use of our platform and services as an author.
the support provided by you to buyers of items you choose to support, as detailed in the item support policy.
the service provided by you to buyers of items you choose to include installation if it's offered from the author of the item as detailed in the installation service policy. Becoming an author Becoming an author and putting your items up on the Mighty Digital World is free but there is a review process. There are a few things you warrant in exchange for the right to be an author, which are outlined in these Author Terms.
There are easy steps you follow to sign up as an author, which are outlined on the Author Sign Up guide. Our auther dashboard are designed with user experience in mind that allows setting up your shop, uploading of items fairly easy and straight forward. How selling your items works What you're providing:
- License: When you 'sell' an item, you're making your item available to buyers to use that item under certain conditions; you're not actually selling the item itself. What you're selling includes a license directly to the buyerto use that item under the relevant license options as detailed in the Licenses page.
- Item support: You can choose whether or not to support certain items. If you choose to support an item, this will be identified on the item page. All supported items include a support period and buyers can given an option whether buy support extensions for these items as detailed in the Licenses page.
Setting the prices of items: As an author, you are responsible for setting the prices for your items. You must make all pricing decisions independently, and discussions about your pricing decisions (including with other authors) are not permitted under any circumstances.
Review: We have rules about what we accept and don't accept. Although we always like to provide constructive feedback we're not obliged to give you any reasons for rejecting your item. All decision made shall be final and at our sole discretion.
No Variation: You are not permitted to vary these terms or our Mighty Digital World Terms as they apply between you and buyers, or to offer your items on different terms or with additional terms (for example, through your item description pages). Any different or additional terms that you try to impose on Mighty Digital World on your items will have no effect against buyers or Mighty Digital World.
How do payments of author income work
- Payments will be made in accordance with the Payment Terms stated herein.
- All payments you are entitled to will be listed in your Author account and paid to you via a payment provider. You must provide the correct payment provider details to receive payment otherwise you can't be paid.
- You may bear some or all expenses incurred by us in paying monies to you via our third party provider.
- We will continue to hold your author earnings if we or our third party provider isn't able to pay your author earnings to you for whatever reason, including if: we do not have the correct payment details; we can't contact you using the contact details that you have supplied; or you are asking for payment to be made to a person, an institution or a country that we're prohibited from making payments to at law or where there are limitations in the banking systems.
- Payments will be made in USD currency via the Online Portal. We have no responsibility for currency conversion.
- If a transaction on Mighty Digital World websites relating to your Author earnings is subject to a refund or reversal by a payment provider or by us, then the transaction is considered unsuccessful and you must return the funds to us.
- If we have reason to believe your Author account is being used to conduct fraudulent transactions or is in any way associated with fraudulent activity we may reject payment, terminate your account, and/or require you to return the funds to us.
- You are responsible for paying all fees and taxes, including all indirect taxes such as VAT, GST or sales tax, associated with your use of the Author account wherever levied. We may collect geographical location information to determine your location, which may be used for tax purposes (so location information you give us must be accurate for tax residency purposes). Despite this, if required by law, we may deduct or withhold taxes (including withholding tax) in connection with your being an affiliate. If so, we will give you relevant documentation that's required by law about the deduction or withholding (like documentation allowing you to access rebates or credits, or to manage your tax affairs).
- the item is of acceptable quality and fit for the purpose for which it is 'sold';
- the item matches the description given by you on the item preview page, as well as any item preview;
- you will honour any express warranties given to buyers that are not contained in the Mighty Digital World Terms;
- you have rights necessary to license that item on the terms of the applicable license;
- the buyer's use of that item in accordance with the terms of the applicable license does not infringe the intellectual property rights of someone else;
- the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
- the item and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
- the item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware;
- where relevant, you have the appropriate model or property release for your item and you can produce a copy of that model or property release when requested by us or a buyer of your item; and
- you will process a buyer's information in accordance with applicable privacy law and data protection regulations.
- you will not use Mighty Digital World to offer non Mighty Digital World goods or services to buyers;
- you will follow any author guidelines provided by us, act in good faith, and provide assistance and co-operation as we reasonably request;
- information and documentation you give us (such as your name and address) is accurate; and
- where you have marked an item as 'supported', you will provide buyers of your item with support for the included support period and any support extension period purchased, unless we agree otherwise.
Other authors and affiliates' use of your item: An Mighty Digital World affiliate can use your item thumbnail previews in their promotion of the Mighty Digital World and no compensation is due for these uses. A fellow author may use a watermarked preview of your item in a preview of another item on any Mighty Digital World site without requiring your permission and without compensating you. The watermarked item is credited either by providing a link to your item on the Mighty Digital World or by otherwise attributing your Mighty Digital World item to you.
Our use of your item: We may use the whole or part of your items to promote Mighty Digital World. This promotional use may include use in public relations, emails, on a features page, or on other sites (e.g. social networks). No compensation is payable for these uses.
Item removal: We have the right to remove an item for any reason, using our reasonable discretion. For example, we may review the libraries to keep the Mighty Digital World fresh and full of quality items that meet the latest technical standards and market trends. Also, issues about an item might be brought to our attention such as errors, representations, or even violations. Our goal is always to address these situations with you constructively. We also aim to give you notice before an item is removed, but this is not always feasible or possible, so we can't guarantee this. We will not be responsible for any loss that you may suffer as a result of your item being removed. Personal information In order to facilitate a transaction on Mighty Digital World, we may provide you with relevant buyer information and also may provide buyers with your relevant information (for example for invoicing or item support services). You agree that you will keep buyer information confidential and only use this information for that Mighty Digital World transaction in compliance with applicable privacy and data protection laws.
If, over and above what Mighty Digital World provides you with, a member or a model (via a model release) voluntarily provides you with (or your item accesses or uses) usernames, passwords, photo identification or other personal information of the member or model (personal information), you must:
- provide a privacy notice, making the member or model aware of their personal information that you will receive and how you will handle that information;
- obtain the member's or model's permission to use their personal information;
- use the personal information only for the limited purposes for which the member or model gave permission; and
- meet any privacy and spam law requirements that apply to you.
- for receiving Buy Now payments from buyers (the buyer's obligation to pay you for an item will be met when they make a Buy Now payment to us or Mighty Digital World);
- for passing on your warranties to buyers made in the Mighty Digital World Terms;
- for limiting your liability to buyers in the Mighty Digital World Terms.
Revision 1.0 updated on Jan 1, 2018 by Mighty Digital World
The affiliate program run for the Mighty Digital World websites.
Mighty Digital World
Mighty Digital World or the Mighty Digital World Companies as applicable. Mighty Digital World is also known as the 'Advertiser' in the online portal.
Mighty Digital World Affiliate
An affiliate that has been approved by us to take part in the Mighty Digital World Affiliate Program. An Affiliate is also known as a 'Media Partner' in the online portal.
Mighty Digital World Companies
Mighty Digital World and any company that controls, is controlled by or is under common control with Mighty Digital World.
Mighty Digital World websites
Mighty Digital World websites or sites referring to https://www.mightydigitalworld.com/.
- To become an Mighty Digital World Affiliate you must first be a register member of Mighty Digital World website.
Whenever a new visitor register an account on our website referred though your affiliate link; we record this customer as active affiliate referral for a duration of as detailed in the affiliate program guide. During these period, you will earn commission whether they make a purchase or sell an item on Mighty Digital World website.
The earnings you will receive are exclusive of transactional taxes where relevant (like VAT and GST). You are responsible for paying all other fees and taxes associated with your referral earnings.
Payments are scheduled to be made on a monthly basis subjected to the minimum threshold has been met as detailed in the affiliate program guide. Comprehensive affiliate account dashboard are made available to you allows you to easily track your earnings.
How do payments of referral income work
- Your Affiliate Program referral earnings are separate to any other payments you may be eligible to receive from Mighty Digital World as a Buyer or Author.
- Payments will be made in accordance with the Payment Terms stated herein.
- All payments you are entitled to will be listed in your Affiliate Program account and paid to you via a payment provider. You must provide the correct payment provider details to receive payment otherwise you can't be paid.
- You may bear some or all expenses incurred by us in paying monies to you via our third party provider.
- We will continue to hold your referral earnings if we or our third party provider isn't able to pay your referral earnings to you for whatever reason, including if: we do not have the correct payment details; we can't contact you using the contact details that you have supplied; or you are asking for payment to be made to a person, an institution or a country that we're prohibited from making payments to at law or where there are limitations in the banking systems.
- Payments will be made in USD currency via the Online Portal. We have no responsibility for currency conversion.
- If a transaction on Mighty Digital World websites relating to your Affiliate Program referral earnings is subject to a refund or reversal by a payment provider or by us, then the transaction is considered unsuccessful and you must return the funds to us.
- If we have reason to believe your Affiliate Program account is being used to conduct fraudulent transactions or is in any way associated with fraudulent activity we may reject payment, terminate your account, and/or require you to return the funds to us.
- You are responsible for paying all fees and taxes, including all indirect taxes such as VAT, GST or sales tax, associated with your use of the Affiliate Program wherever levied. We may collect geographical location information to determine your location, which may be used for tax purposes (so location information you give us must be accurate for tax residency purposes). Despite this, if required by law, we may deduct or withhold taxes (including withholding tax) in connection with your being an affiliate. If so, we will give you relevant documentation that's required by law about the deduction or withholding (like documentation allowing you to access rebates or credits, or to manage your tax affairs).
- Confuse users (or potentially confuse them) about whether your website is operated or endorsed by us (for example, by copying design elements from our website).
- Use Mighty Digital World brands, trademarks and intellectual property, other than approved Affiliate Program graphics we make available via your Affiliate Program account.
- Use a domain name, search engine keyword or pay-per-click advertising that use any Mighty Digital World trademarks or variations and misspellings.
- In an effort to increase traffic to Mighty Digital World businesses, send unsolicited email or other messaging that in any way may constitute spam.
- Do anything that would amount to a breach of any laws including, but not limited to, privacy, intellectual property and spam.
- Do anything that might be confusing, misleading or deceptive to users (i.e. referring from a website that might be confusing to users about whether it is an Mighty Digital World website).
- Make any representations on behalf of Mighty Digital World.
- Do anything that is directly or indirectly in contravention of these Affiliate Program General Terms or any direction given to you by us.
- Engage in any conduct that does not meet our standards of 'fair play' at our discretion including things like attempted, apparent or actual fraud, generating non-genuine transactions, creating non-genuine users, confusing users, or providing a link that might mislead users.
- Provide us with any information that is not true, inaccurate or incomplete.
- Affiliates are not permitted to direct link PPC activity to the Mighty Digital World's sites from Google Search Results, this includes using Mighty Digital World's sites as a display URL;
- These Affiliate Program Terms start from the date of our approval of your application and will continue until terminated. On termination, you must promptly stop using, and must delete, relevant links and Mighty Digital World intellectual property.
- You may terminate your participation in one or more Offers or the Affiliate Program at any time by removing the relevant affiliate links.
- We may terminate or suspend your participation in one or more Offers or these Affiliate Program General Terms:
- at any time and for any reason, based on reasonable grounds and with or without prior notice to you;
- if we reasonably believe there is a risk associated with you, your account, or that payment, including if it breaches a law or regulation. Examples of wherewe might do this include transactions where the payment is from or to a person or country sanctioned by an authority; or where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our members.
- if we can't make payments to or from your nominated country.
- We may take any of the actions stated in this section without notice. If required by law we may forfeit referral earnings.
- We may change, suspend or discontinue any aspect of an Offer or the Affiliate Program. We may also remove or modify any approved tags, text, or graphics for the Affiliate Program. You agree to promptly implement any request from us to remove or modify any link, graphic or banner ad that is being used by you as part of the Affiliate Program.
- You must comply with the requirements of any third party services you use in connection with the Affiliate Program, like email providers, social networking services and ad networks as long as doing so does not cause you to violate the terms of our affiliate program or this online portal.
- We respect your privacy. When you become an Mighty Digital World Affiliate you will be asked to provide some information about yourself. This information may be used by us and contractors in connection with managing the Affiliate Program, including marketing activities.
- We value your information and take reasonable precautions to protect it. While we take reasonable steps to preserve the security of your information, please be aware that we can't promise that your use of our Affiliate Program will be confidential, and we can't promise that any information you provide to us is perfectly secure. While using our Affiliate Program, you may also become aware of confidential information about us, the Affiliate Program or a user. You promise to not disclose any confidential information made available to you through the affiliate program to any other person.
- We own all the Mighty Digital World content we have put on our websites including the design, compilation, and look and feel of the Mighty Digital World websites platforms, and copyright, trademarks, logos, designs and other intellectual property (unless otherwise stated and excluding content owned by others). You will not copy, distribute, modify or make derivative works of any of our Mighty Digital World websites content or use any of our intellectual property in any way not expressly stated in these Affiliate Program General Terms.
- You are liable and solely responsible for:
- your use of the website and the Affiliate Program;
- the services, message, content, information, software or other materials you send and use under the Affiliate Program;
- your breach of any intellectual property rights belonging to others;
- your breach of these Affiliate Program General Terms;
- your breach of any industry code, regulation or law that applies.
- We have no responsibility to you or to any other person for all liabilities, costs, expenses (including legal fees) and loss arising from third party claims due to any of the matters and you agree to indemnify us, our directors, officers, employees and agents from all claims.
- We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defence of the matter.
- Disclaimer and Limitation of Liability: In some places there may be consumer or fair trading laws that apply and that may give you rights that we cannot exclude, restrict or modify ('non-excludable law'). We do not exclude or modify any non-excludable law. Except as provided in a non-excludable law, we are bound only by the express promises made in these Affiliate Program Terms and we are not bound by implied terms. Except as provided in a non-excludable law, our liability for a term that cannot be excluded is to re-supply the relevant service. Except as provided in a non-excludable law, our cumulative liability to you, from all causes of action and all theories of liability, will be limited to the total amount of your Referral earnings paid to you under these Affiliate Program Terms.
- Changes to Affiliate Program Terms: We may change these terms at any time and, if we make changes, we will take reasonable steps to let our members know about the changes. You can also keep track of whether changes have been made to our terms by referring to the version and effective date at the footer of the terms. You can close your Affiliate account and terminate your agreement with us at any time if you do not agree to the changes. However, if you continue to participate in the Affiliate Program after the changes are made, then you will be agreeing to the changes.
- Applicable Laws: We control and operate the Affiliate Program from our offices in Singapore. The laws of Singapore govern these Affiliate Program Terms, and you submit to the jurisdiction of the courts there.
Revision 1.0 updated on Jan 1, 2018 by Mighty Digital World
Mighty Digital World respects the intellectual property rights of others and expects its users to do the same.
It is Mighty Digital World's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the account or access of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.
Mighty Digital World will respond to claims of IP infringement committed using the Mighty Digital World website and mobile application (the "Site and Application") that are reported to Mighty Digital World following this IP Policy.
If you are an IP owner, or are authorized to act on behalf of one, please report alleged IP infringements taking place on or through the Site and Application by completing the following Notice of Alleged Infringement and delivering it to Mighty Digital World as described below.
Upon receipt of the Notice as described below, Mighty Digital World will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site and Application.
Notice of Alleged Infringement ("Notice")
- Identify the specific protected work that you claim has been infringed, or - if multiple works are covered by this Notice - you may provide a representative list of the works that you claim have been infringed.
- Identify the material that you claim is infringing (or to be the subject of infringing activity) and that you believe should be removed or access to which should to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site and Application where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
- "I hereby state that I have a good faith belief that the disputed use of the identified material is not authorized by the IP owner, its agent, or the law (e.g., as a fair use)."
- "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the IP rights that are allegedly infringed."
- "I hereby state that I have a good faith belief that the disputed use of the identified material is not authorized by the IP owner, its agent, or the law (e.g., as a fair use)."
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to:
Mighty Digital World
Notice of Alleged Infringement
Send us an email
Revision 1.0 updated: Jan 1, 2018