Terms and Conditions
Please read these terms and conditions carefully. If you do not accept these terms and conditions, you may not use the East Tennessee Graphics service. When you sign up as a client and place your order, it is assumed that you have read this page and are in agreement with the terms and conditions stated below.
East Tennessee Graphics may revise these Terms and Conditions at any time by updating this posting. You should visit this web page periodically to review the Terms and Conditions, because they are binding on you. In these Terms and Conditions, all services provided by and related to East Tennessee Graphics, and all text, images, photographs, user interface, "look" and "feel", data and other content included at East Tennessee Graphics.com from time to time (including, without limitation, the selection, coordination and arrangement of such content) are sometimes referred to as the "Web Site" and/or "Service."
You acknowledge and agree that East Tennessee Graphics shall have the right (but not the obligation) in its sole discretion, to pre-screen, refuse or remove any project and/or user provided content that violates these Terms and Conditions or is otherwise objectionable, including, without limitation, projects or content that is illegal, obscene, indecent, defamatory, incites religious, racial or ethnic hatred, or violates the rights of others. Activity that is brought to our attention which appears in our sole judgment to violate the law will be brought to the attention of the proper authorities. You acknowledge, consent and agree that East Tennessee Graphics may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
- comply with legal process
- enforce these Terms and Conditions
- respond to claims that any content violates the rights of third-parties
- respond to your requests for customer service; or
- protect the rights, property, or personal safety of East Tennessee Graphics, its users and the public
When you register for the Service, you must pay for the Service via credit card, or other payment methods expressly authorized by East Tennessee Graphics. You will be charged 50% for the Package you have selected at the time of ordering. The balance will be paid after final approval and before delivery.
If you pay by credit card, you will be required to provide a valid credit card number and credit card billing address when registering as a Client. A confirmation of the order will be sent by East Tennessee Graphics itself after we obtain confirmation of payment. Our fee policy for Clients may change and we may decide to impose additional fees on Clients at any time; however, such additional fees will not apply to projects submitted before East Tennessee Graphics implements any such change in fees.
If you are not satisfied with the initial Concepts or the Redrawn Concepts provided by East Tennessee Graphics, and have paid 50% of the fee up-front, you may request a refund by completing the Refund Request form, which will be provided to you upon request. Upon timely receipt of the completed form, East Tennessee Graphics will refund the total payment made by you, less a thirty dollar ($30.00) service and processing fee. If you paid thirty dollars ($30.00) up-front and are not satisfied with the initial Concepts provided by East Tennessee Graphics, you may complete the project cancellation form or email firstname.lastname@example.org. If the request is submitted within 3 business days from when the initial Concepts were completed, you will not be billed the remaining balance for the package you purchased. If this form is not completed within 3 business days from when the initial Responses were completed, you will be billed the remaining balance of the price of the selected package. In addition, refunds are only available to the actual Client for whom the package was created. No refund is available for design firms or for those who order our design services on behalf of another entity. Furthermore, you shall forfeit the right to the refund outlined above if you request additional revisions to any of the initial concepts. You shall also forfeit the right to a refund if you do not respond in a timely manner to a status notification from East Tennessee Graphics.
You agree to provide timely responses to any status notifications that East Tennessee Graphics sends to you. You shall have 30 days to respond to each Response sent to you. If after 30 days you have failed to respond, East Tennessee Graphics will assume that your project is complete and the project shall be deemed completed. At such time, East Tennessee Graphics will have no further obligation to you, and you will pay East Tennessee Graphics pursuant to the provisions of these Terms and Conditions. Notwithstanding the foregoing, East Tennessee Graphics reserves the right, in its sole discretion, to terminate your access to all or a portion of the Service, at any time, with or without notice. In the event of such termination, East Tennessee Graphics will determine, in its sole discretion, whether you are entitled to any refund.
Eligibility, Access, Use and Service
Authorization to Use; Permitted Uses
You may access and use the Service solely in accordance with these Terms and Conditions and any posted policies and procedures that appear on the Web Site. You may provide Creative Briefs and obtain Concepts only if you register as a Client. Any use of the Web Site is at your sole risk and responsibility. Subject to these Terms and Conditions, you may:
(i) display the Web Site on an Internet access device, and
(ii) on an occasional, infrequent and ad hoc basis, and only in circumstances that constitute "fair use" under United States copyright law, print copies of insubstantial portions of the Web Site.
Except as expressly permitted in these Terms and Conditions, you may not display or print the Web Site and in no event may you broadcast, circulate, distribute, download, perform, publish, rent, reproduce, sell, store, transmit or create decorative works from the Web Site. Additionally, you agree to comply with all applicable laws (including, without limitation, any applicable export controls) in connection with your use of the Service, and with such further limitations or rules as may be set forth on the Web Site. Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Web Site that
(i) is copyrighted, unless you are the copyright owner;
(ii) reveals trade secrets, unless you own them;
(iii) infringes on any other proprietary or intellectual property rights of others, on the privacy or publicity rights of others, or any statutory right;
(iv) is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any other person or entity;
(v) is sexually-explicit;
(vi) constitutes advertisements or solicitations of business, chain letters or pyramid schemes; or
(vii) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
You further agree not to:
- use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a Client;
- delete or revise any material or other information of any other user of East Tennessee Graphics;
- take any action that imposes an unreasonable or disproportionately large load on the Web Site's infrastructure;
- use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on the Web Site;
- use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Web Site, other than the search engine and search agents available from East Tennessee Graphics on the Web Site and other than generally available third-party web browsers (e.g., Microsoft Internet Explorer® and Mozilla Firefox®); or
- attempt to decipher, de compile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Web Site.
Web Site Security
You are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation,
(i) accessing data not intended for you or logging into a server or account that you are not authorized to access;
(ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(iii) attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mail bombing" or "crashing", the Web Site;
(iv) sending unsolicited email to any user of the Web Site, including promotions and/or advertising of products or services; or
(v) forging any TCP/IP packet header or any part of the header information in any email or posting generated in connection with the Service. Violations of system or network security may result in civil or criminal liability. East Tennessee Graphics will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. East Tennessee Graphics reserves the right to review postings on the Web Site, to remove any postings, and to terminate your ability to communicate with, or post to, the Web Site at any time without notice, in its sole discretion. East Tennessee Graphics will use commercially reasonable efforts not to disclose any information you communicate with, or post to, the Web Site, but reserves the right to disclose such information to the extent necessary to satisfy any applicable law, regulation, legal process or governmental request, and the right to edit, refuse to post or to remove any information or materials, in whole or in part.
Operation of Web Site
East Tennessee Graphics shall not be responsible for any delays or interruptions of, or errors or omissions contained in, the Web Site. East Tennessee Graphics reserves the right, but shall not be required, to correct any such delays, interruptions, errors or omissions. Although East Tennessee Graphics intends to use commercially reasonable efforts to make the Web Site and Service accessible, East Tennessee Graphics makes no representation, warranty or covenant that the Web Site or Service will be available at all times or at any time. Various circumstances may prevent or delay availability, including telecommunications and/or server problems. East Tennessee Graphics may at any time discontinue the Web Site in whole or in part, may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics. East Tennessee Graphics shall not be responsible for any loss, cost, damage or liability that may result from any of the circumstances, actions or inactions described in this paragraph.
Ownership; Rights to Use
- Web Site and Service Generally: Except as expressly contemplated under these Terms and Conditions, as between East Tennessee Graphics and you, East Tennessee Graphics will own all right, title and interest in and to all domain names, sub-domain names, copyright, trademark, service mark, patent, trade secret or other intellectual property and proprietary rights in and to the Web Site and Service, in all media now known or later devised, to the fullest extent provided under United States and international law. You shall not remove, conceal or alter any copyright notice, byline information, disclaimer, restriction or other notice on the Web Site or any portion thereof. You shall not use or permit any third party to use the name, trademarks, trade names, or trade dress of East Tennessee Graphics, including "East Tennessee Graphics", without the prior written consent of East Tennessee Graphics, as determined in its sole discretion, for each such use.
- Creative Briefs and Concepts: Upon submission of a Creative Brief or Concept or any other information or media provided by you in connection with your use of the Service (collectively, the "Client Information"), East Tennessee Graphics and its agents shall have all rights and licenses necessary to use such Client Information for the purpose of developing Concepts and for archival purposes. Each Member to whom your project is made available has the right to review and display the Creative Brief for purposes of preparing a Concept.
- Rights of East Tennessee Graphics: Upon your submission of Client Information to the Service, you grant East Tennessee Graphics and its agents a royalty-free, perpetual, irrevocable, sublicense able, exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works, in any form, media, or technology now known or later developed, such Client Information, for the full term of any intellectual property rights that may exist in such Client Information to the extent necessary to provide you with the Service and Concepts.
- Rights of Clients: Subject to your compliance with these Terms and Conditions, you shall own the final Concept composition provided to you by East Tennessee Graphics (the "Final Product"). You shall not, however, own any materials, media or other content generated during any revision rounds leading up to the Final Product, and East Tennessee Graphics expressly reserves all right, title and interest in and to the same. You acknowledge and hereby grant to East Tennessee Graphics a royalty-free, irrevocable exclusive worldwide right to use Creative and Revision Briefs, individual Concepts provided to you, and Final Product for internal and archival purposes, and in order to display and promote the East Tennessee Graphics Service. East Tennessee Graphics retains the rights to all artwork concepts and other content not selected by you. You acknowledge that your ownership rights under these Terms and Conditions are limited to the Final Product, and that no trademarks or service marks in or to any Final Product are being conveyed under these Terms and Conditions. You hereby acknowledge that East Tennessee Graphics shall have no obligation or duty to perform trademark, service mark or copyright searches or inquiries, or the like, in order to validate the propriety or legality of the Final Product. Accordingly, you are encouraged to perform your own independent searches with regard to the Final Product. Furthermore, you acknowledge that East Tennessee Graphics shall have no responsibility or obligation of any kind to assist you in seeking state or federal intellectual property protection (i.e., without limitation, trademark or copyright registration) for the Final Product, nor shall East Tennessee Graphics be responsible for otherwise assisting you in any way in your attempt to perfect your rights in or to the Final Product.
Nondisclosure and Privacy
Disclaimers; Indemnification; Limitations of Liability
- Responsibility for Content: East Tennessee Graphics shall not be responsible for any use that is or is not made of the Web Site or the Service. Without limiting the foregoing, East Tennessee Graphics makes no representations, warranties or covenants regarding, and does not guarantee, the truthfulness, accuracy, or reliability of any information or other material (including, without limitation, any Creative Brief, Concepts or User Identity) that are communicated through, or posted to, the Service, whether by Members, Clients, East Tennessee Graphics or otherwise, nor does East Tennessee Graphics endorse any opinions expressed by any user of the Web Site, including any Member or Client. Without limiting the foregoing, East Tennessee Graphics makes no representations, warranties or covenants regarding the validity of the rights to Concepts granted pursuant to these Terms and Conditions. You acknowledge that any reliance on information or other material, including, without limitation, any information related to a particular Package or your project, Concept or User Identity, communicated through the Service, or posted to the Web Site, will be at your own risk. Without limiting the foregoing, you agree and acknowledge that you use each Concept at your own risk and that you are responsible for taking any actions you deem reasonable to determine whether your use of a Concept will infringe any statutory or third-party intellectual property, privacy or publicity rights.
- Links to Third-Party Services: The Web Site may contain links to third-party web sites or other services (the "Linked Content"). The Linked Content is not under the control of East Tennessee Graphics and East Tennessee Graphics is not responsible for the Linked Content, including, without limitation, links contained in the Linked Content, or any changes or updates to Linked Content. East Tennessee Graphics is providing Linked Content to you only as a convenience, and the inclusion of such Linked Content is not an endorsement by East Tennessee Graphics of such Linked Content. If you decide to access any Linked Content, you do so at your own risk.
- Disclaimer of Warranties: THE SERVICE AND THE RESPONSES ARE PROVIDED "AS IS." EAST TENNESSEE GRAPHICS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE WEB SITE, INCLUDING ANY PART THEREOF, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE WEB SITE, INCLUDING ANY CONCEPT, USER IDENTITY OR LINKED CONTENT. EAST TENNESSEE GRAPHICS DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EAST TENNESSEE GRAPHICS DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE WEB SITE, OR ANY PART THEREOF; (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEB SITE; AND (v) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NON-PERFORMANCE, OR OTHER ACTS OR OMISSIONS BY EAST TENNESSEE GRAPHICS OR ANY THIRD PARTY. FURTHERMORE, THERE IS NO WARRANTY THAT THE WEB SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
- Release from Claims: The Service serves solely as a venue for the creation of work and East Tennessee Graphics does not regularly screen or censor any information or material posted to the Web Site. Although East Tennessee Graphics makes commercially reasonable efforts to determine the identity of Clients, East Tennessee Graphics cannot and does not confirm that any Client or other user is who they claim to be or that any Client or other user has the qualifications he or she claims to have. Because East Tennessee Graphics does not and cannot be involved in user-to-user dealings or control the behavior of participants on the Web Site, if you have a dispute with one or more users, you hereby release East Tennessee Graphics(and our affiliates, agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
- Indemnification: You hereby agree to defend, indemnify and hold harmless East Tennessee Graphics and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from any action, claim, demand, or liability arising from or relating to your violation of any of these Terms and Conditions or use of the Web Site, and any expenses incurred in connection therewith, including, without limitation, reasonable attorneys fees.
- Limitation of Damages: IN NO EVENT SHALL THE COMPANY OR ANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE WEB SITE, INCLUDING ANY PART THEREOF, OR THESE TERMS AND CONDITIONS OR ANY OTHER CONSENT (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) EVEN IF EAST TENNESSEE GRAPHICS OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.EAST TENNESSEE GRAPHICS' TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL AMOUNT YOU PAID TO EAST TENNESSEE GRAPHICS FOR YOUR PACKAGE UNDER THESE TERMS AND CONDITIONS.
- Amendment: No modification, amendment, or waiver of these Terms and Conditions or any part hereof shall be binding unless evidenced in writing and signed by East Tennessee Graphics.
- Sever ability: If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such provision shall be deemed null and void, but the remaining provisions shall continue in full force without being impaired or invalidated in any way.
- Mutual Participation: The language of these Terms and Conditions shall be deemed to be the language mutually chosen by the parties and no rule of strict construction shall be applied against or in favor of either party hereto.
- Headings: The section headings and other headings contained herein shall not affect the meaning or interpretation of these Terms and Conditions.
- Assignment: You may not assign or otherwise transfer (by operation of law or otherwise) any of your rights or duties hereunder unless East Tennessee Graphics agrees in writing after receiving prior written notice. Any attempted assignment or other transfer without the requisite consent shall be null and void. East Tennessee Graphics may assign or otherwise transfer any of its rights or the performance of any of its duties without your consent.
- Waiver: The waiver by East Tennessee Graphics of a breach or a violation of any provision of these Terms and Conditions shall not operate as or be construed to be a waiver of any subsequent breach or violation of any provision of these Terms and Conditions.
- Independent Contractors: The parties and their respective personnel are and shall be independent contracts and neither party by virtue of these Terms and Conditions shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
- Force Majeure: If the performance of any part of these Terms and Conditions by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that such performance is prevented, hindered or delayed by such causes.
- Capacity: The parties hereby warrant and represent that they have all necessary rights and authority to execute these Terms and Conditions and to fulfill their obligations hereunder.
- Further Assurances: The parties hereto shall, at their own cost and expenses, execute and deliver such other documents, artwork, programming code and instruments and shall take such other action as may reasonably be required or appropriate to evidence or carry out the intent and purposes of these Terms and Conditions.