DEFINITION
In these Terms and Conditions: “Agreement” means the agreement of which this schedule forms a part;
“Company” means Design Shifu LLC which is located at 3 Beeson CT, Little Rock, AR 72223
“Customer” means the individual, partnership, company, institution or other body to whom Services are supplied by the Company.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Design Shifu LLC, located at 3 Beeson CT, Little Rock, AR 72223 and our subsidiaries and affiliates, in association with the use of the website, which includes designshifu.com, (the “Site”) and its Services, which shall be defined below.
PRICE
The price for Services will be in accordance with the package selected by the customer on the Marketplace.
INTELLECTUAL PROPERTY
The Company endeavors not to offer for sale products or services which infringe known and valid patents or other intellectual property rights but shall not be liable in any circumstances to the Customer and/or any customers of the customer for any costs, damages or loss of profit arising from the use or sale of the services infringing or allegedly infringing any patent, registered design, copyright or other intellectual property rights of any third party.
LIMITED LIABILITY
The Company will provide the service using all reasonable care and diligence; however, the Company will not be liable for any loss or damage to the customer or any customer of the customer arising from:
- any changes made by the Customer in any specifications, delivery or operation of the Services supplied by Company
- any temporary curtailment or cessation of the Services
- any defect in, failure of or unsuitability for purpose of the Services supplied by the Company except to the extent that exclusion is prevented by law. Use of the Services for any purpose not listed in the Company’s literature or the misuse of the Services.
FORCE MAJEURE
The Company will not be liable for any delay or failure to provide the Services as a result of any act or circumstances beyond its reasonable control including but not limited to, act of god, war, fire, flood, act of terrorism, drought, failure of power supply, lock-out or industrial action.
USE LICENSE
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (and the trademarks, service marks, and logos contained therein are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions)
You may not:
- modify or copy the materials;
- use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- attempt to decompile or reverse engineer any software contained on Design Shifus’s website;
- remove any copyright or other proprietary notations from the materials;
- transfer the materials to another person or “mirror” the materials on any other server.
DISCLAIMER
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising. The materials on design shifu’s website are provided “as is”. Design Shifu makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
LIMITATIONS
In no event shall Design Shifu or its suppliers be liable for any damages (including, without limitation, negligence, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on design shifu’s internet site, even if Design Shifu or a Design Shifu authorized representative has been notified orally or in writing of the possibility of such damage. Since some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
USER REPRESENTATION
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
By using the Site, you represent and warrant that all registration information you submit will be true, accurate, current, and complete and you will maintain accuracy of such information and promptly update such registration information as necessary.
You also confirm that:
- You have the legal capacity and you agree to comply with these Terms of Use.
- You are not a minor in the jurisdiction in which you reside.
- You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
- You will not use the Site for any illegal or unauthorized purposes.
- Your use of the Site will not violate any applicable laws or regulations.
SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information that, if undertaken by you, would be deemed a violation of this agreement. It shall be your responsibility to notify Design Shifu immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Design Shifu shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the agreement.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
FEES AND REFUNDS
Your account and access to services and files may be suspended in the event of non-payment of applicable fees. You represent and warrant to Design Shifu that such billing information is accurate, up to date, and that you’re authorized to make the payment.
You may cancel your subscription with Design Shifu at any time. Upon cancellation, you will continue to have access to the Design Shifu services through the end of your paid billing term. Design Shifu may change its fees from time to time by posting the changes on the Site with 7 days’ prior notice, but with no advance notice required for temporary promotions or reductions in fees.
OWNERSHIP AND TRADEMARKS OF WORK
All design and original source files created while you are enrolled with us are yours to keep and own. You must provide our designers with sufficient content and instructions to complete the work. If you provide Design Shifu with materials or assets, you agree that these materials are approved to be used in your designs and are not owned or trademarked by any other parties.
You agree to indemnify, defend, and hold harmless Design Shifu and its affiliates, officers, members, managers, agents, successors and assigns (the “Indemnified Parties”) from and against all claims, demands, liabilities, damages, and costs including, without limitation, its reasonable attorneys’ fees, arising out of or relating to (i) your breach of any of the terms of this Agreement, (ii) your use of the services provided pursuant to the Site, and (iii) infringement of third party’s intellectual property rights or other proprietary rights.
You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it. By posting Your Content through our Dashboard or submitting them via Email, you grant Design Shifu a license to use it. Design Shifu will never claim ownership of your content, however, we reserve the right to use published or unpublished work on our website and in advertising materials. You will still own exclusive rights to your content and any licenses you own remain yours. You simply grant us permission to use. By posting Your Content, you grant Design Shifu a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote Design Shifu. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, contact us via email. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice. You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
RELEASING WORK
While we do our best to minimize any mistakes, due to the nature of creative design we cannot guarantee all files delivered will be 100% error-free. Upon file delivery, you agree to review and proof all files for any errors or omissions and notify our team if any changes/corrections are needed.
Design Shifu is not liable for any loss of business or loss of revenue incurred from errors in our design files. Please make sure you check the design before ordering a print or finalizing for marketing.
DELIVERY EXPECTATIONS
We will do our best to work with you to accommodate any priority items and your timelines but our suggestion is to not use our service for time-sensitive requests.
You may submit as many design requests as you want and all requests will be stored on our management software. Our team will work on one design at a time for you including revisions. In order for us to move onto the next project, your current project must be fully completed and approved before we can move onto the next project.
WORK SAMPLES
We reserve the right to publish your work in our portfolio, social media, or other communication efforts. If there are items that you wish to remain private or confidential please let us know by emailing us at support@designshifu.com
CONFIDENTIALITY
All communication between you and any Design Shifu representative is held confidential. We will not disclose your private information or project information to unauthorized users.
GOVERNING LAW
Any claim relating to Design Shifu’s website shall be governed by the laws of the United States without regard to its conflict of law provisions.
