IntroductionBy using Blitz Design and signing up as a Client, you agree to be legally bound by these Terms and Conditions of Use, including those terms and conditions incorporated by reference. Please read these Terms and Conditions carefully. If you do not accept these Terms and Conditions, you may not use the Blitz Design service. By placing any order with Blitz Design you agree to all our terms and it is your responsibility to read our terms. Blitz Design 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 Blitz Design and all text, images, photographs, user interface, "look" and "feel", data and other content included at www.Blitzdesign.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 Blitz Design 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 Blitz Design. 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: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Blitz Design its users and the public.
Company IntroductionBlitz Design is a design company established to provide branding solutions to the industry. Blitz Design offers its customers various solutions that will allow them to showcase their services to their customers in the best possible light and helping to achieve success in their field. Apart from Branding, Blitz Design services include Logo Design, Web Design, Print Design, Animations and Social Media.
Blitz Design. Services Generally
(a) Description.Blitz Design is an online service provider where individuals or entities that have signed up with Blitz Design as clients (each, a "Client") can post specific assignments and project descriptions, including illustrative samples or other media (each, a "Creative Brief"), revise those Creative Briefs (each, a "Revision Brief") and obtain responses (each, a "Response") to those Creative or Revision Briefs from design experts retained by Blitz Design ("Members"). Blitz Design will provide you, as the Client, the Service according to the Package you have chosen as detailed in section 1(e) below. Your Responses will be created iteratively through a drafting cycle of Creative Briefs, Revision Briefs and Responses, ultimately resulting in a final Response conforming to your various Creative and Revision Briefs.
(b) Creative Brief and Responses.You are solely responsible for preparing and posting detailed descriptions of each of your Creative Briefs to the Web Site, including providing samples illustrating your Creative Brief and any relevant deadlines. For each Response to a Creative Brief that you want to receive, a term sheet (a "Term Sheet") will be generated that will contain, and be subject to, the terms and conditions you have established for the Creative or Revision Brief. Blitz Design is under no obligation to review a Creative or Revision Brief or Term Sheet for any purpose, including accuracy, completeness of information, quality or clarity. Blitz Design may decide, in its sole discretion, to deny a Creative or Revision Brief or a Term Sheet.
(c) Reviewing Responses.When Blitz Design provides you with a Response, you are responsible for reviewing the Response. If you fail to promptly inform Blitz Design that the Response is not reasonably responsive to the related Term Sheet or Creative Brief, you will be deemed to have accepted the Response. If you notify "our brand name" that you think a Response is not reasonably responsive to the related Creative Brief, you shall then submit to the Web Site a Revision Brief containing information regarding amendments or modification to be made to the initial Response. After you provide Blitz Design with a Revision Brief, Blitz Design will provide you with a subsequent Response that conforms to the additional criteria you requested. Blitz Design is not responsible for the content of Responses developed to the extent that such Responses are prepared to conform to your Creative or Revision Briefs.
(d) Revision Cycles.Revision cycles generally consist of unlimited additional compositions that incorporate changes you request in a Revision Brief. The purpose of the revision process is to create Responses that move your project forward in the specific direction you have determined. You may request significant changes in the first and second cycles, and the Responses generated might be quite different in nature from the original composition you selected. By the third revision request, your requests shall be modifications of the current composition only. Revision requests that depart from the then-current composition will be honored and completed in a timely manner, however; Blitz Design reserves the right to charge $50 for each such Revision. No revision work, which requires payment, will be started without your authorization.
(e) Packages.You may select from the following Service Packages: Logo Design Packages Logo Startup Design Package | Logo Classic Design Package | Logo Premium Design Package | Logo Unlimited Design Package, Website Design Packages, Social Media Designs, Video Animation Packages, etc...
(f) Client Accounts.When you register for the Service, you must pay for the Service via credit card, paypal, check, bank wire or other payment method authorized by Blitz Design. You will be charged for the Package you have selected along with and additional products and/or services you select as add-ons. 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. Blitz Design will email you a receipt for the transactions in which you are involved. 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 Blitz Design implements any such change in fees.
(g) Price Change.The amount you pay for hosting will never increase from the date of purchase, if agreed with the sales manager and invoice.
Blitz Design. REFUND POLICYI. Money Back Guarantee is valid till 30 days of order placement, provided that other terms are applied. II. In result of unsatisfactory designs, you can claim your refund via three modes i)Toll Free # (650) 276-3890 ii) Live Chat iii). If you are not satisfied with the initial Responses provided by Blitz Design, there is no refund if your project moves to round two of logo alterations. You may request a refund by completing the Refund Request form, which will be provided to you upon request. Upon timely receipt of the request, Blitz Design will refund the total payment made by you, less a service and processing fee of 10% on package amount. IV. In case of refund approval, client will get his amount credited back within next 6-7 Business Days. V. We won't entertain or refund any orders if the client stays non-responsive for 45 Days however, client can send us an email to hold the project if there is some personal issue. Also if the client is unresponsive for more than 60 Days then the client has to pay an extra caution fee i.e. $150 for re-initiating the project. VI. In case the client wants to forfeit the website portion of the package after 30days, refund won't be applicable; though we can hold the project in such case and the client can come later and get the project started again VII. Furthermore, customer shall forfeit the right to the refund outlined above if customer request additional revisions (1 or more design changes regardless of the complexity) or modifications 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 Blitz Design. VIII. Should you receive a refund, you agree that your acceptance of the refund shall constitute your sole and exclusive remedy with respect to related Responses. Additionally, you acknowledge that you will have no right (express or implied) to use any Response or other work product, content, or media, nor will you have any ownership interest in or to the same. IX. In case of finalizing one part of the order the customer won't be eligible for a refund for the rest of the remaining package. *The following terms and conditions are applicable on specific services purchased by the client and provided by Blitz Design.
Refund Policy For Logo ProjectsI. If designs are sent in time, and made of complete specs. No refund applicable. II. If quality of designs is up to the mark, and client provides revisions. No refund applicable. III. If initial specs are less, but designs have to be sent due to urgency. No refund applicable. IV. If client has many revisions done, and later on asks for refund for not a good reason. No refund applicable. V. If client has high quality work done, and later on changes mind. No refund applicable. VI. If client is having a revision done on and then asks for new samples, and if they are not up to their expectations, they ask for a refund. No refund applicable. VII. If final files have already been sent to client. No refund applicable. VIII. If client does not provide complete specs initially, he should be asked to provide more details, instead of processing refund. IX. Illustration order on basic packages. Basic packages, should not have illustration as it takes more time and is not cost effective in terms of sales and can lead to a refund if not liked by client, so only partial refund is allowed. X. 15 days after placing the order, client is not eligible for a full refund.
Refund Policy For Website ProjectsI. Client won’t be eligible for a refund if design is approved and initial Wordpress link is shared as per approved mock-up. II. Client won’t be eligible for a refund if client is not satisfied with the design/look and feel/UI after it is approved III. Client won’t be eligible for a refund if initial wordpress link is shared with features implemented that were mentioned in website brief or scope of work IV. Client won’t be eligible for a refund if initial revision is acknowledged and those revisions are implemented at test link V. Client won’t be eligible for a refund if asked to implement features out of scope of work to be included in initial approved scope of work VI. Client won’t be eligible for a refund if says the project is being delayed or delivery is not on time and delay is due to change requests that are increasing the timeline VII. Client won’t be eligible for a refund if website Is live with features that were mentioned in the website brief/statement of work/feature document/web specs VIII. Cancellations received after the demo link gets live will not be entertained. IX. Client will not be eligible for a full refund once the website is completed and made live on his servers that’s having his domain and hosting. X. Client won’t be eligible for a refund once he/she approves the design and demo link. XI. Website cancellations received within the first 2-3 days of order placement may be eligible to receive a full refund less $80 service fee. XII. Cancellations received after the stated deadline will not be eligible for a full refund. XIII. Client won’t be eligible for a refund if he/she deviates from the initial discussed requirements, regarding the project. XIV. If Blitz Design cancels a project due to any technical reason, customer will be offered a full refund. XV. Customer won’t be eligible for any refund if he/she cancels a project based on the below mentioned reasons; XVI. Delay in response during the design and development phase (from customers end). XVII. Change of requirements after the order has been placed and work has been started. In case there’s a change, it should be discussed and extra fee would be paid for the new work. XVIII. Asking for a refund after the first 30 days of project initiation. XIX. Asking for a refund due to financial loss or bankruptcy of customer. XX. In case you’ve your own website domain / hosting from any domain / hosting provider, Blitz Design will not be responsible for a lapsed registration due to outdated contact information being associated with that domain / hosting. If you need to verify or change this information, you should contact our sales team via email or call. Providing false contact information of any kind may result in the termination of your account with zero refund.
Domain / Hosting TransfersOur transfer team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we cannot make guarantees regarding the availability, possibility, or time required to complete an account (domain / hosting) transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host to ours. Don’t consider this as a part of initial project deal and customer won’t be eligible for a refund in this scenario.
Zero Tolerance Spam PolicyWe take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice (with a no-refund policy).
Backup and Data LossYour use of this service is at your sole risk. Our backup service is provided to you as a courtesy. Blitz Design is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on your servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by Blitz Design.
Mail policy and limitsBlitz Design reserves the right to suspend or cancel a customer's access to any or all services provided by Blitz Design when Blitz Design decides that the account has been inappropriately used or otherwise. The customer won’t be eligible for a refund due to this condition.
Server UseBlitz Design reserves the right to refuse service and /or access to its servers to anyone. Blitz Design does not allow hosting contents or links promoting any religious extremism. Following contents are also not allowed to host.
Illegal MaterialThis includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation.
Adult Material –Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of Blitz Design.
Software’sIncludes pirated software, ROMS, emulators, hacking, and password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide “links to” or “how to” information about such material.
SpamBlitz Design has zero tolerance for UBE/UCE (unsolicited bulk email/unsolicited commercial email). This policy protects our customers as well as the internet community from the negative effects of “spam” related activity. We define UBE/UCE as unsolicited broadcast or commercial email that is sent to addresses that do not affirmatively and verifiably request such material from that specific sender. We define spam as any type of unsolicited email used for any purpose. This includes, but is not limited to: ● Using a non-existent return email address when sending commercial solicitations. ● Mail-bombing (sending numerous messages to the same user). ● Subscribing someone else to a mailing list without that person’s permission. ● Posting the same article to multiple newsgroups. ● Using another network to send spam that relates in any way to www.boundlesstech.net or any site hosted by www.boundlesstech.net (including your site). ● If a client is found in violation of the above no-spam policy, the offending account will be terminated without notice and no refund will be issued.
High Resource User PolicyResources are defined as bandwidth and/or processor utilization. Blitz Design may implement the following policy to its sole discretion: When a website is found to be monopolizing the resources available Blitz Design reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers.
IndemnificationCustomer agrees that it shall defend, indemnify, save and hold Blitz Design harmless from all liabilities, losses, costs and claims, including reasonable attorneys fees asserted against Blitz Design, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Blitz Design against liabilities arising out of; ● Any injury to person or property caused by any products sold or otherwise distributed in connection with Blitz Design server ● Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party ● Copyright infringement ● Any defective products sold to customer from Blitz Design server.
Clause for Domain / Hosting RefundAll Web Domain / Hosting plans include 15 day money back guarantee. If you are dissatisfied with our service and we are not able to provide what we promised, you will receive a full refund in case of domain / hosting services only. Any request for cancellation must be received via the web form, E-mail and you will receive a confirmation upon the cancellation of your account. No refunds are available after 15 days. In case of Free domain Registration, All refunds are subject to a domain registration fee charge; however upon payment of such charge you will have the opportunity to continue to register and renew registration of your domain name after cancellation of your hosting account.
Mail policy and limitsThere is a 500 hourly outgoing email limit per domain on all shared servers. This means each add on/subdomain gets its own separate 500 outgoing emails per hour limit. This limit is also applied towards mailing lists. If you send over this amount in any hour, the e-mails will fail and may bounce back with an undeliverable error. Shared servers limit each connecting IP to 30 POP checks per hour. If you go over this, you will likely get a password error indicating your login is incorrect. To fix this, just wait an hour and it will automatically unlock. To prevent this from happening, disable automatic send/receive or set a higher time interval, such as checking once every 10 minutes. Any mailing list over 900 email addresses is only allowed to be sent to during off-peak times to prevent high server loads. Off peak times qualify as all day Saturday and Sunday, and 1AM – 8AM Eastern Standard Time, Monday through Friday. Any mailing list larger than 5,000 addresses will require a dedicated hosting solution from us. Note: Dividing one large list into smaller lists to get below this limit is not allowed. You cannot send 12,000 emails per day (500 x 24 hours) on a shared account.
Refund Policy For VideoI. Client won’t be eligible for a refund after the theme is approved. II. Client won’t be eligible for a refund if the client expresses dissatisfaction over the style after the theme has been approved. III. Client won’t be eligible for a refund after the storyboard has been approved by him/her. IV. Client won’t be eligible for a refund if the client has asked for extensive revisions in any phase of the project. V. Client won’t be eligible for a full refund, if after expressing satisfaction in a given phase or during a phase. The client may or may not however, be eligible for a partial refund based on the amount of hours worked upon that phase. VI. In case of a project with a drop-deadline, the client won’t be eligible for a refund if he/she fails to respond within the time period or is slow with the feedback due to which the deadline is missed. VII. Client won’t be eligible for a refund if he/she has been provided with the final video WITHOUT a watermark. VIII. It should be noted by the client that if he/she has requested for two versions of the storyboard for one project, then that more or less covers the full cost of the project.
Disclaimers; Indemnification; Limitations of Liability
(a) Responsibility for Content.Blitz Design shall not be responsible for any use that is or is not made of the Web Site or the Service. Without limiting the foregoing, Blitz Design 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, Term Sheets, Responses or User Identity) that are communicated through, or posted to, the Service, whether by Members, Clients, Blitz Design or otherwise, nor does Blitz Design endorse any opinions expressed by any user of the Web Site, including any Member or Client. Without limiting the foregoing, Blitz Design makes no representations, warranties or covenants regarding the validity of the rights to Responses 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, Term Sheet, Response 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 Response at your own risk and that you are responsible for taking any actions you deem reasonable to determine whether your use of a Response will infringe any statutory or third-party intellectual property, privacy or publicity rights. Photos/Images: Blitz Design shall not be responsible for any use of photos that are not royalty free. It is the client's' responsibility to purchase and pay for all rights to use any photos, images, graphics, icons, logos, and/or designs for any designs created by Blitz Design for the client. This includes websites, website templates, brochures, business cards, postcards, stationery, signage, animations, commercials, slogans, flyers, banners, stickers, promotional items, and/or desktop wallpapers.
(b) 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 Blitz Design and Blitz Design is not responsible for the Linked Content, including, without limitation, links contained in the Linked Content, or any changes or updates to Linked Content. Blitz Design is providing Linked Content to you only as a convenience, and the inclusion of such Linked Content is not an endorsement by Blitz Design of such Linked Content. If you decide to access any Linked Content, you do so at your own risk.
(c) Disclaimer of Warranties.THE SERVICE AND THE RESPONSES ARE PROVIDED "AS IS." Blitz Design 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 TERM SHEET, RESPONSE, USER IDENTITY OR LINKED CONTENT. "our brand name" 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, Blitz Design 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, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY Blitz Design 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.
(d) Release from Claims.The Service serves solely as a venue for the creation of work and Blitz Design does not regularly screen or censor any information or material posted to the Web Site. Although Blitz Design makes commercially reasonable efforts to determine the identity of Clients, Blitz Design 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 Blitz Design 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 Blitz Design (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.
(e) Indemnification.You hereby agree to defend, indemnify and hold harmless Blitz Design 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.
(f) 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 Blitz Design OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Blitz Design ' TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL AMOUNT YOU PAID TO Blitz Design FOR YOUR PACKAGE UNDER THESE TERMS AND CONDITIONS.
(g) Web Site Domain Name Registration (URL).Blitz Design is not responsible for any domain name registration. Blitz Design will only register your domain name once your project has entered the web site design department. Blitz Design will not be responsible if your domain name has been registered after you have placed your order. It is your responsibility to secure your own domain name before you order our web design package. 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 Blitz Design OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Blitz Design ' TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL AMOUNT YOU PAID TO Blitz Design FOR YOUR PACKAGE UNDER THESE TERMS AND CONDITIONS.
Eligibility, Access, Use And Service
(b) 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 Responses 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.
(c) Prohibited Uses.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 is copyrighted, unless you are the copyright owner; reveals trade secrets, unless you own them; infringes on any other proprietary or intellectual property rights of others, on the privacy or publicity rights of others, or any statutory right; is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any other person or entity; is sexually- explicit; Constitutes advertisements or solicitations of business, chain letters or pyramid schemes; or 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 Blitz Design 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 Blitz Design on the Web Site and other than generally available third-party web browsers (e.g., Microsoft Internet Explorer and Netscape Navigator); or attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Web Site.
(d) 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. Blitz Design 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. Blitz Design 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. Blitz Design 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.
(e) Operation of Web Site.Blitz Design shall not be responsible for any delays or interruptions of, or errors or omissions contained in, the Web Site. Blitz Design reserves the right, but shall not be required, to correct any such delays, interruptions, errors or omissions. Although Blitz Design intends to use commercially reasonable efforts to make the Web Site and Service accessible, Blitz Design 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. Blitz Design may at any time discontinue the Website in whole or in part, may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics. Blitz Design 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.
Registration, Password, User Identity
(a) Your User Identity.When you register as a Client, you will create a user identity (your "User Identity"), which will be your identity for purposes of interacting with other users through the Web Site. Your User Identity will include certain personal information, such as, the industry in which you operate. However, your user name need not be your real name. During the registration process, the fields requesting information that will be made available to others as part of your User Identity are identified. You are responsible for ensuring that you are comfortable making such information available to other Web Site users.
(b) Access Numbers, Passwords, and Password Access.You shall keep confidential, shall not disseminate, and shall use solely in accordance with these Terms and Conditions, your User Identity, registration identification and password for the Web Site. You shall immediately notify Blitz Design if you learn of or suspect: I. any loss or theft of your User Identity, registration identification or password, or II. any unauthorized use of your registration identification or password or of the Web Site. In the event of such loss, theft, or unauthorized use, Blitz Design may impose on you, at Blitz Design ' sole discretion, additional security obligations.
(c) Security Breaches and Revision.If any unauthorized person obtains access to the Web Site as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly inform Blitz Design You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.
Ownership Rights To Use
(a) Web Site and Service Generally.Except as expressly contemplated under these Terms and Conditions, as between Blitz Design and you, Blitz Design will own all right, title and interest in and to all 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 American 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 Blitz Design ., including "Blitz Design .", without the prior written consent of Blitz Design , as determined in its sole discretion, for each such use.
(b) Creative and Response Briefs.Upon submission of a Creative or Response Brief or any other information or media provided by you in connection with your use of the Service (collectively, the "Client Information"), Blitz Design and its agents shall have all rights and licenses necessary to use such Client Information for the purpose of obtaining Responses and for archival purposes. Each Member to whom your project is made available has the right to review and display the relevant Term Sheet for purposes of preparing a Response.
(c) Rights of Blitz Design.Upon your submission of Client Information to the Service, you grant Blitz Design a royalty-free, perpetual, irrevocable, sub-licensable , exclusive, worldwide right (including any moral rights) and license to use, reproduce, , 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 Responses.
(d) Rights of Clients.Subject to your compliance with these Terms and Conditions, you shall own the final the Response composition provided to you by Blitz Design. (the "Final Product"). You shall not, however, own any materials, media or other content generated during any revision cycles leading up to the Final Product, and Blitz Design expressly reserves all right, title and interest in and to the same. You acknowledge and hereby grant to Blitz Design a royalty-free, irrevocable exclusive worldwide right to use Creative and Revision Briefs, individual Responses provided to you, and Final Product for internal and archival purposes, and in order to display and promote the Blitz Design Service. Blitz Design 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 Blitz Design 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 Blitz Design 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 Blitz Design be responsible for otherwise assisting you in any way in your attempt to perfect your rights in or to the Final Product.
(b) 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 Blitz Design.
(c) Severability.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.
(d) 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.
(e) Headings.The section headings and other headings contained herein shall not affect the meaning or interpretation of these Terms and Conditions.
(f) Assignment.You may not assign or otherwise transfer (by operation of law or otherwise) any of your rights or duties hereunder unless Blitz Design agrees in writing after receiving prior written notice. Any attempted assignment or other transfer without the requisite consent shall be null and void. Blitz Design may assign or otherwise transfer any of its rights or the performance of any of its duties without your consent.
(g) Waiver.The waiver by Blitz Design 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.
(h) 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.
(i) 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.
(j) 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.
(k) 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. Please Note: By placing an order with Blitz Design, you are accepting all the above terms. It is your responsibility to read and understand our terms and conditions.
This Agreementwill in all aspects be interpreted and construed with and by the laws of the State of California and the United States of America.
Any questions concerning these Terms and Conditions should be directed to:
1250 Oakmead Parkway Suite 210 Sunnyvale, CA 94085-4037
Phone: (866) 506-8219 (Mon-Fri, 9-5:30 pm EST)
Fax: (866) 506-8219
Contact Us: If You have any questions regarding the Terms and Conditions please feel free to contact us via phone, email, or postage.