LAST UPDATED: April 10th, 2021
This Website is offered and available to users who are at least eighteen (18) years of age or older and reside in the United States or any of its territories or possessions. By using this Website, You represent and warrant that You are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If You do not meet all of these requirements, You must not access or use the Website.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material We provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, We may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for You to have access to the Internet and the Website.
- Any and all costs, fees and/or expenses associated with accessing the Internet and establishing and maintaining an Internet connection. Company shall in no way be liable or responsible for any such costs, fees or expenses.
If You choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to this Website or portions of it using Your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of Your user name or password or any other breach of security. You also agree to ensure that You exit from Your account at the end of each session. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all trade dress, marks, logos, names and other brand identifying images, information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers (collectively, the “Content”) of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in RAM incidental to Your accessing and viewing those materials.
- You may store files that are automatically cached by Your Web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the Website for Your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If We provide desktop, mobile, video transmission or other applications for download, You may download a single copy to Your computer or mobile device solely for Your own personal, non-commercial use, provided You agree to be bound by our end user license agreement for such applications.
- If We provide social media features with certain content, You may take such actions as are enabled by such features, pursuant to these Website Terms and any other applicable terms and conditions of such third-party social media sites.
You are expressly prohibited from:
- Modifying copies of any materials from this site.
- Using any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Deleting or altering any copyright, trademark, or other proprietary rights notices from copies of materials from this Website.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website unless expressly authorized to do so, in writing, by us.
If You wish to make any use of material on the Website, please contact us directly using electronic mail at: [email protected]
The Company name, logos and other identifying marks and all related names, logos, product and service names, designs, and slogans and any and all other brand identifying features or features indicating service origin are trademarks of the Company or its affiliates or licensors (collectively, the “Company Marks”). You must not use any of the Company Marks without the prior written permission of the Company. Further, You shall not use meta tags or any other “hidden text” utilizing any of the Company’s Marks or any other name, trademark or product or service name of the Company without our prior written consent. Additionally, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, are protected as service marks, trademarks and/or trade dress of the Company and shall not be copied imitated or used, in whole or in part, without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners and shall not be used except with the express permission of such mark owner.
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm any individual, group of individuals, businesses, or organizations including, but not limited to minors, in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, without our prior written consent, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
- To publicize without authorization, defame, embarrass, harass or terrorize any individual or entity.
- To include any individual or identifying subject matter which could be used to identify an individual in any user generated content, post or contribution to the Website, who has not expressly authorized his/her’s publication in such manner.
- To terrorize, make threats to, assault, batter, bully or encourage anyone to commit or attempt to commit such acts with respect to any individual, group of individuals or organization.
- To encourage, instruct, teach or incite any individual or group of individuals to cause harm to another.
- To promote or encourage the use of drugs, alcohol or any other illegal substance or to promote or encourage any illegal act.
Additionally, You agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful on, in or through the Website or any of the Company’s servers.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
This Website may contain a portal through which audio/visual works can be uploaded and displayed on the site, in addition to, the use of message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
Any User Contribution that You post to the Website will be considered non-confidential, non-proprietary and a public communication. By providing any User Contribution on the Website, You grant us, our affiliates and service providers, and each of their and our respective licensees, successors, and assigns a perpetual, irrevocable, fully paid-up, non-exclusive, sublicensable, world-wide license to use, reproduce, modify, make derivative works of, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You hereby represent and warrant, covenant and agree that:
- You own or control all rights in and to the User Contributions and have the right to grant the perpetual, irrevocable, royalty-free, world-wide license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
- No portion of any such User Contribution infringes upon or violates any other party’s rights, including, but not limited to intellectual property, publicity and/or privacy rights and that no such User Contribution will include: (a) any message, comment, data, information, text music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable; (b) instructions or encouragement for the commission of a criminal offense, a violation of anyone’s rights or an act which would create liability under or which would violate any local, state, national or international law; or (c) private information of any third party, including, without limitation, one’s likeness or image (without such individual’s authorization), addresses, phone numbers, email addresses, social security numbers and/or credit card numbers.
You understand and acknowledge that You are solely responsible for any and all User Contributions You submit or contribute, and You, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable, in any way, to any third party for the content or accuracy of any User Contributions posted by You or any other user of the Website. Although the Company has no obligation to screen, edit or monitor any of the User Contribution posted in any Interactive Service, the Company reserves the right and has absolute discretion to do so and to remove, screen, and/or edit any User Contribution posted and/or stored on the Website at any time and for any reason without notice. Any use of any Interactive Service or other portions of the Website in violation of the foregoing violates these Website Terms and may result in, among other things, termination or suspension or Your ability to use the Interactive Services and/or the Website, in the Company’s sole discretion and judgment.
Further, You hereby acknowledge and agree that the Company may access, use and/or disclose any information about You and/or Your use of this Website, including, but not limited to, any User Contribution to comply with the law or any legal process, to protect and defend the rights or property of the Company, and/or to protect the safety of the Company, its employees, customers or the public.
In the event that You post a User Contribution on the Website, You acknowledge, covenant and agree that You grant to the Company a non-exclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, make derivative works from, distribute, perform and display such User Contribution(s) through the world in any media.
Registration and Membership
You may be required to register Your information with the Website, either as part of securing a Website subscription or in connection with Your use of the Website. In such case, You agree to: (a) provide accurate, current and complete information about Yourself as may be prompted by any registration forms on the Website (“Registration Information”); (b) maintain and promptly update the Registration Information You provide to the Company, to ensure its continued accuracy and completeness; (c) maintain the security of Your username and password; (d) notify the Company immediately of any unauthorized use of Your account or other breach of security; (e) accept all responsibility for any and all activities that occur under Your account, including, but not limited to, all applicable taxes and any applicable third-party fees; and (f) accept all risks of unauthorized access to the Registration Data and any other information that You provide to the Company.
Monitoring and Enforcement; Termination
We have the absolute and unfettered right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take any action with respect to any User Contribution that We deem necessary or appropriate in our sole discretion, including if We believe that such User Contribution violates these Website Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
- Disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, We have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
However, We do not undertake any obligation or duty and shall in no way be responsible to review any or all material before it is posted on the Website and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, terrorize, harass, embarrass, alarm, or annoy any other person.
- Impersonate any person or misrepresent Your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at Your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, contributors, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and We are under no obligation to update such material.
Information About You and Your Visits to the Website
Online Purchases and Licenses and Other Terms and Conditions
No Warranty. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, WE DO NOT MAKE ANY REPRESENTATION NOR DO WE EXTEND ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY ARISING OUT OF PRIOR COURSE OF DEALING AND USAGE OF TRADE. THE LIMITATION OF LIABILITY, SET FORTH BELOW, APPLIES TO ALL PURCHASES MADE THROUGH THE WEBSITE.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for Your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from Your use of them. If You decide to access any of the third-party websites linked to this Website, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the state of Maryland in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If You access the Website from outside the United States, You do so on Your own initiative and are responsible for compliance with local laws. IF YOU ARE A EUROPEAN UNION RESIDENT OR BUSINESS YOU ARE STRICTLY PROHIBITED FROM USING THIS WEBSITE AND/OR SUBSCRIBING AND/OR PURCHASING GOODS AND/OR SERVICES FROM US.
Disclaimer of Warranties
You understand that We cannot and do not guarantee or warrant that files available for downloading from the Internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. HOWEVER, IN THE EVENT THE COMPANY IS DEEMED LIABILE FOR ANY DAMAGE TO YOU, HEREUNDER, SUCH LIABILITY SHALL NOT EXCEED THE AMOUNT OF ANY COMPENSATION THAT YOU PAY TO THE COMPANY BY WAY OF LICENSING, PURCHASING AND/OR SUBSCRIBING IN CONNECTION WITH ANY SERVICES PROVIDED BY US.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Your violation of these Website Terms or Your use of the Website, including, but not limited to, Your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Website Terms or Your use of any information obtained from the Website.
How Do We Work – Design Services
- Charged either before work begins or after work is complete.
- Website work and revisions are normally charged as one-off work.
One-Off Bulk Design Blocks
- You get up to the maxium amount of work purchased in the block purchased. i.e. a 10 hour block gets you 10 hour of design work.
- All blocks must be pre-purchased before any work begins
- If there is not enough time in a block to finish a project, another block must be purchased in order for the project to be fully finished.
- Design services are provided by Us to You on a monthly subscription basis.
- Only one seat is permitted per account. If You require additional seats, please let us know so that We can inform You of multiple seat pricing arrangements.
- We offer a free trial for select companies. During such time You will be required to submit Your credit card information to Us. You may receive up to two (2) hours of work from Us during such time in a 14 day period. Upon the conclusion of the 14 day 2 hour free trial, Your credit card will be charged the amount of the regular monthly subscription fee and Your paid, monthly subscription will begin, unless You opt out by sending an email to Us at [email protected], expressing Your desire to opt-out of Your subscription prior to the conclusion of the Trial Period.
- Unless otherwise terminated by You, Subscriptions will become effective on a monthly basis and will automatically renew from month-to-month. You may cancel Your subscription at any time, but no refunds will be granted, unless extenuating circumstances are present, in Our sole discretion and judgment. The effective date of Your subscription will be the day You place the order for such subscription and will continue for a calendar month i.e. February 10th through March 10th.
- During such Trial Period and/or Subscription Period, You are granted the opportunity for graphic design services from Us, subject to the terms and conditions set forth herein.
- Monthly subscriptions shall automatically renew from month-to-month, unless earlier terminated by You, on or before the subscription renewal date. Upon the conclusion of the subscription month, Your credit card will be automatically charged for the next month’s subscription in the Monthly Subscription amount.
- Once You subscribe to Our service, You will be added to Our system which will allow You to formally submit Your design requests to Us. Subscribers must submit to us any and all details that You wish to be included in the design work(s).
What You Get & Other Details
- During the Free Trial Period and during all Monthly Subscription periods, subscribers shall have the right to make graphic design requests. Designers 4 Hire works on an hourly basis, bought in bulk hour packs and calculated in tenths of an hour. If you need more than your allotted hours per month, you may purchase additional bulk packs.
- For clients under our previous Unlimited Graphic Design plans, Designers 4 Hire shall only be obligated to perform at least ten (10) hours of design work per month per customer but may perform more in its sole discretion as time allows, subject to the terms and conditions set forth herein.
- Designers 4 Hire does not create motion graphics or videos or at this time. We do not offer social media planning, strategy or management services. We do not offer logo design services.
- We will make commercially reasonable efforts to turn those design requests which are accepted by Us around to You in a 1 to 5 day time frame, but it may be longer due to demand, design complexity and revisions.
- A final version of each work will be transferred to You electronically by way of electronic mail or a cloud transfer application. Such final version will be delivered to You in a widely used and appropriate digital file type(s). If You require a specific file type, please include that in Your initial design request and We will do our best to fulfill Your requests. Source files/editable files incur an extra fee.
- Any unused graphic design hours are valid for a total of 6 months from purchase date.
- Example 1: If you buy a 10 hour block on January 1st, those 10 hours will be used first in your available hours each month. If you renew for 6 months and you do not use any hours, at the July 1st renewal you will have 60 hours available, Not 70 since the 10 hours purchased January 1st will have expired.
- Example 2: You buy (2) 10 hour blocks and you email [email protected] and ask for the subscription to not renew or pause your subscription, you will be able to use 20 hours in a 6 month period.
Order Acceptance and Cancellation.
Prices and Payment Terms.
(a) All prices posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in Your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to Your merchandise total and will be itemized in Your shopping cart and in Your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and We reserve the right to cancel any orders arising from such errors.
(b) Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Visa, MasterCard, American Express, Discover, and Diners Club for all purchases. You represent and warrant that (i) the credit card information You supply to us is true, correct, and complete, (ii) You are duly authorized to use such credit card for the purchase, (iii) charges incurred by You will be honored by Your credit card company, (iv) You will pay charges incurred by You at the posted prices, including all applicable taxes, if any; and (v) we have the right to charge your card on each subscription renewal date without additional approval necessary until you unsubscribe from the service.
Legal Stuff and Your Obligations
- All works and materials produced by Us under this Agreement, whether written or otherwise (“Work Product”), constitutes a “work-made-for-hire,” as defined in 17 U.S.C. § 101. All rights in and to the Work Product are the sole property of the You, subject to the terms and conditions set forth herein.
- We will retain any and all rights in and to any and all of its previously-developed proprietary material and/or information, including, but not limited to its trademarks, copyrights, and patentable subject matter that We may incorporate into the Work Product.
- To the extent Our proprietary material and/or information are integrated into the Work Product, We hereby grants to You a perpetual, world-wide, non-exclusive, transferable, sublicensable license to use, reproduce, make derivative works of, publicly display and distribute, market, sell, export and import any such previously-developed material and/or information in connection with the Work Product, but only to the extent that such proprietary material and/or information is integrated (not stand alone) into the Work Product and only in the form in which it has been integrated into the Work Product. This license shall not include any trade secret and/or confidential material of Ours which We have informed You, in writing, is protected as trade secret and/or confidential information.
- We shall not use: (i) any copyrighted, trademarked, patented or proprietary rights, or (ii) any likeness, name, speech or other identifiable personal characteristic of any other person or entity in its preparation of the Work Product, without the prior written approval of You.
- To the extent that any Work Product is not deemed to be or does not qualify as a “work-made-for-hire”, any and all rights in and to such Work Product shall be automatically and immediately assigned to You by Us, subject to the terms and conditions of this Agreement, without any further action required. However, We hereby covenant and agree to fully cooperate with You, in such event, to formalize and memorialize such assignment through written document if You so desire.
- You hereby grant to Us a perpetual, non-revocable, world-wide, non-exclusive, non-transferrable, non-sublicensable license, to become effective immediately and automatically upon the creation of the Work Product, without any further action required, to use, publicly display, publicly distribute and reproduce Your Work Product, but only for Our internal and marketing, advertising and promotional purposes. It is the intent of the Parties that We shall have the ability to display and distribute copies of the projects that We have successfully completed to other potential customers for marketing, business development and public relations purposes.
- In the event of a dispute, We shall maintain possession of any and all Work Product and the Project, until such dispute is resolved hereunder. Possession of the Work Product and Project shall then be determined by the adjudicator as applicable.
- Client-Supplied Materials. The Parties hereby acknowledge and agree that from time to time We may require You, or You may desire to contribute materials to a requested design project for Our use, including, but not limited to, already-purchased stock photography, digital images of its logo, digital videos, source code generated in-house, marketing and/or technical materials to be included in a project (“Client Materials”). To the extent that any such Client Materials are provided to Us, You hereby authorize Us to use, manipulate, modify, reproduce and create derivative works from such Client Materials for purposes of including and integrating such Client Materials into Your design project. Moreover, You hereby represent and warrant to Us that any and all such Client Materials shall have been independently created and/or that You have the full legal and unencumbered right in and to such Client Materials. You further represent and warrant to Us that none of the Client Materials are the product of infringement of any third party’s rights or otherwise. You hereby covenant and agree to indemnify and hold Us, Our employees, officers, members, consultants, contractors and vendors harmless in the event that We incur damage, injury, harm, cost and/or expense (including, but not limited to court costs and reasonable attorneys’ fees) as a result of Our use of such Client Materials or which directly or indirectly result from Your delivery of same to Us.
- Furthermore, the Parties hereby acknowledge and agree that it is solely Your responsibility when creating Your own intellectual property-protected works or having Us create such works on Your behalf, including, but not limited to, trademark-protected works and copyrightable materials, to perform Your own due diligence and to take any and all measures necessary to ensure that such any such work(s) do not or will not infringe upon another’s intellectual property rights. Although You may request that We create a certain design, image or other work on Your behalf, the Parties hereby acknowledge and agree that We take no responsibility nor do We accept or assume any liability resulting from the creation of such design, image or other work, which You directed us to create on Your behalf. We fully rely upon Your representation and warranty, set forth above, that any and all such Work Product will not the result of an infringement of another’s rights. We make no guarantee that Your use of a work will not violate another’s intellectual property rights or that any such work will be appropriate for the manner in which You intend to use such work.
- Our Relationship. We are performing Services under this Agreement as an independent contractor. As an independent contractor, We shall not be treated as employee of Yours for any reason, including for compensation, benefits, or tax purposes. Nothing in this Agreement shall create a partnership, joint venture, or an employer-employee relationship between the Parties and neither Party has the authority to bind the other to any other contract, obligation or agreement.
- We shall not and do not assume or accept any responsibility for how You use the works that We create on Your behalf. We shall not and do not assume or accept any responsibility for proper legal labeling, in the event such is required by Your applicable industry regulations. We shall not assume any liability for same.
- To the extent permitted by law, You shall have the right to further sell, assign, license and/or transfer any and all rights in and to the works that We create on Your behalf to another, subject to the terms and conditions set forth herein. However, You hereby acknowledge and agree that it is solely Your responsibility to ensure compliance with the law in such event.
- We shall not and are not obligated to accept all requests for work. We have the full, unfettered right to deny any design request for any reason or no reason at all, without liability.
- It is solely Your responsibility to review the works for errors, omissions and flaws. We hereby agree to promptly correct same, provided it is Our error and was not part of the original version of the work as requested by You; provided, further, that You have ongoing subscription at the time that You notify Us of such error, omission and/or flaw.
- We expressly reserve the right to reject any request for design work the subject matter of which is considered to be offensive, illegal, pornographic or in some way promoting drug use, alcohol use, hate or terror.
Governing Law and Jurisdiction
At Company’s sole discretion, it may require You to submit any disputes arising from the use of these Website Terms or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Maryland law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE WEBSITE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
If any provision of these Website Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Website Terms will continue in full force and effect.
Your Comments and Concerns
This website is operated by Design Puppies, LLC, doing business as Designers 4 Hire, which is located at 1014 W 36th Street, Baltimore, MD 21211 . You may reach the Company with any comments or questions by electronic mail at: [email protected] or by telephone at: 443-718-0652.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to us by electronic mail at: [email protected]
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