By entering into any contract or agreement with Graphic53.com for products and/or services including without limitation ordering any products or services through the Graphic53.com web site (hereinafter referred to as your “Contract” with Graphic53.com), you hereby agree to abide by, comply with and be legally bound by the policies, terms and conditions hereinafter set forth (these “Terms and Conditions”).
These Terms and Conditions are hereby incorporated by reference into your Contract. To the extent that any provision of these Terms and Conditions conflicts with any provision of your Contract, the provision set forth herein shall be deemed amended so as to be consistent with the provisions of your Contract.
Graphic53.com reserves the right to modify, amend, update and change these Terms and Conditions from time to time with notice via email or other means. You are responsible for regularly viewing these Terms and Conditions. You acknowledge and agree that Graphic53.com shall not be liable to you or to any third party for any modification, amendment, suspension, discontinuance or other change to these Terms and Conditions.
GRAPHIC DESIGN TECHNICALITIES
The graphics if designed in vector will have a Pantone color model.
The source file will be .ai [Adobe Illustrator 10], which will be converted to curve and thus allow editing of size, color etc but the fonts will be converted into paths/outlines/graphic objects.
Other formats sent will be:
• EPS (scalable file for printing)
SCOPE OF WORK
The work on Graphic53.com website is sold on as-is basis i.e. you are purchasing a graphic (exclusive or non-exclusive) along with the file formats which are mentioned in the description of the graphic. Once you have made the payment a download link will be available to receive the graphic form our website. In some cases we need more time to authenticate the transaction so it may take around 24 to 48 hours for the download to appear.
Payment in full for any and all products and services to be provided by Graphic53.com under your Contract is due in advance of the commencement of any work by Graphic53.com. Graphic53.com shall be entitled, in its sole and absolute discretion, to withhold any products or services it is otherwise obligated to deliver or provide under your Contract until such time as payment in full has been received therefore. Graphic53.com will notify you of any additional charges under your Contract prior to commencing performance of its obligations there under.
DELIVERY AND ACCEPTANCE
Upon purchase of its products and/or services in accordance with the terms and conditions set forth in your Contract, Graphic53.com shall deliver your product and/or service to a temporary location designated by Graphic53.com for your review and download. Graphic53.com will notify you via e-mail of such completion and delivery, and the manner in which you may access the temporary location for purposes of reviewing your product and/or service. It will remain in your account and you are responsible to take any back-ups necessary to safeguard your purchased artwork or graphic. In some cases we need more time to authenticate the transaction so it may take around 24 to 48 hours for the download to appear.
There is no refund unless the artwork has any defects and shows up changed, defected and different when compared with the online preview which is provided on our website. In case of a refund we will retain the full copyright of the graphic / artwork.
All sales made through Graphic53.com are full and final including exclusive and non-exclusive artwork and graphic files.
EXERCISING REFUND PROVISION
A refund only applies in case of scenario as described above. Otherwise, if any revisions or similar requests are made, no matter how minor, the client is assumed to have consented with proceeding forward with the logo design process and thus waiving their right for a refund under these stated provision.
How the money will be transferred?
If you have paid using your credit card - the money will be transferred back to your credit card account. It may take up to 6 to 14 business days before the money can appear on your account.
You represent and warrant that you are the owner of or have the exclusive right to use any and all proprietary information you provide to Graphic53.com in furtherance of or in connection with your Contract, including without limitation any and all trade names, trademarks, copyrights, graphics, designs, logos and similar materials or information.
GRAPHIC53.COM MAKES NO REPRESENTATION OR WARRANTY THAT IT HAS THE EXCLUSIVE RIGHT, TITLE AND INTEREST IN AND TO THE PRODUCTS AND/OR SERVICES PROVIDED TO YOU OR THAT SUCH PRODUCTS AND/OR SERVICES DO NOT AND WILL NOT INFRINGE ON THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. Graphic53.com WILL NOT TAKE ANY ACTION IN FURTHERANCE OF PROTECTING THE PRODUCTS AND/OR SERVICES TO BE DELIVERED UNDER YOUR CONTRACT, AND WILL DELIVER THE SAME “AS IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY AS TO YOUR ABILITY TO USE SUCH PRODUCTS AND/OR SERVICES OR TO OBTAIN TRADEMARK, COPYRIGHT OR SIMILAR PROTECTION OF SUCH PRODUCTS AND/OR SERVICES, IN THE UNITED STATES OR ANY OTHER JURISDICTION.
Upon your acceptance of the product or service and Graphic53.com’s receipt of payment in full therefore, Graphic53.com will assign, convey, transfer and deliver all of its right, title and interest in and to the products and/or services developed by Graphic53.com for you under the terms of your Contract. Any products or services, including samples, rejected or otherwise not delivered by Graphic53.com and accepted by you shall at all times remain the property of Graphic53.com and you shall have no right in or to such products or services.
Graphic53.com retains and reserves the perpetual, royalty-free right to use any and all products and/or services developed by Graphic53.com for display and self-promotional purposes, regardless of your acceptance and Graphic53.com’s delivery of the same to you.
Graphic53.com reserves the right, in its sole discretion and for any reason whatsoever, to reject, cancel or terminate, permanently or temporarily, your order for any product or service offered by Graphic53.com, your Contract and/or your access to the Graphic53.com Site web site, at any time and without prior notice. You agree that Graphic53.com shall not be liable to you or any third party for any rejection, cancellation or termination of your order, your Contract or your access to the Graphic53.com web site. In the event that Graphic53.com rejects, cancels or terminates your Contract or your order for a reason other than your breach or non-performance under your Contract, Graphic53.com will return any amounts prepaid by you relating to the rejected, canceled or terminated Contract or order.
DISCLAIMER OF WARRANTIES
YOU HEREBY EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE INFORMATION, SOFTWARE, CODES, PRODUCTS, SERVICES, TEXT, GRAPHICS, LOGOS OR OTHER ITEMS AND MATERIALS PROVIDED OR MADE AVAILABLE BY Graphic53.com ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND.
TO THE FULLEST EXTENT PERMITTED BY LAW, Graphic53.com HEREBY DISCLAIMS ALL IMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, SUITABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR FITNESS FOR A PARTICULAR PURPOSE. Graphic53.com MAKES NO WARRANTY THAT ITS PRODUCTS OR SERVICES WILL BE PROVIDED IN A TIMELY AND SECURE MANNER, OR WITHOUT ERRORS OR DEFECTS, OR THAT ITS PRODUCTS OR SERVICES WILL NOT INFRINGE ON THE INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY THIRD PARTY. Graphic53.com DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR USE OF THE PRODUCTS OR SERVICES PROVIDED BY Graphic53.com WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Graphic53.com OR ANY SUBSIDIARY, AFFILIATE, OFFICER, DIRECTOR, SHAREHOLDER, AGENT, EMPLOYEE OR REPRESENTATIVE THEREOF BE LIABLE TO YOU OR ANY THIRD PARTY MAKING A CLAIM THROUGH YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION OR LOSS OF INFORMATION OR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES), ARISING OUT OF OR RELATED TO YOUR CONTRACT, THESE TERMS AND CONDITIONS, OR THE PRODUCTS OR SERVICES PROVIDED BY Graphic53.com TO YOU, EVEN IF Graphic53.com HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN YOUR CONTRACT OR THESE TERMS AND CONDITIONS, Graphic53.com’S LIABILITY TO YOU FOR ANY DAMAGES RELATED TO OR ARISING OUT OF THE CONTRACT OR Graphic53.com’S PROVISION OF PRODUCTS OR SERVICES SHALL NOT EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO Graphic53.com UNDER YOUR CONTRACT OR FOR SUCH PRODUCTS OR SERVICES.
You agree to indemnify and hold Graphic53.com, its subsidiaries, affiliates, directors, officers, shareholders, agents and employees, harmless from and against any loss, damage, liability, cost or expense of any kind, including attorneys’ fees, incurred by Graphic53.com in connection with a third party claim, demand or otherwise, due to, arising out of, related to or otherwise attributable to the actual or alleged infringement or violation of any intellectual property right asserted by a third party, or otherwise arising out of or related to (i) any materials or intellectual property provided by you in furtherance of the project contemplated by your Contract, or (ii) your use of any of the products or services provided by Graphic53.com pursuant to your Contract.
COPYRIGHT AND TRADEMARK NOTICES
All intellectual property of Graphic53.com, including all web site screens and portions thereof, graphics, original text elements, site design, logos, pictures and icons, as well as the selection, format and organization thereof, constitute proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Graphic53.com in writing or otherwise required by applicable law, any rent, lease, sale, modification, duplication, distribution, alteration, retransmission or publication of any intellectual property or proprietary information of Graphic53.com is strictly prohibited.
Copyright © 2014 by Graphic53.com, Inc. All rights not expressly granted herein are reserved.
These Terms and Conditions, together with your Contract, shall constitute the sole agreement and understanding between you and Graphic53.com regarding the matters set forth herein, and any and all previous agreements and understandings between or among you and Graphic53.com regarding the subject matter hereof, whether written or oral, other than your Contract, are superseded by these Terms and Conditions. No agreement or other understanding other than your Contract purporting to modify these Terms and Conditions shall be binding upon Graphic53.com unless otherwise agreed to by Graphic53.com in writing. The failure of Graphic53.com to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any provision of these Terms and Conditions which is invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof; and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.