Terms and Conditions
1. ESSENTIAL INFORMATION
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION OF YOUR USE OF THE MY CREATIVE SHOP WEB SITE AND ITS CONTENTS, AND FORMS A LEGAL AGREEMENT BETWEEN YOU AND MYCREATIVESHOP, INC.. By using the site, you agree to be bound by the terms of this agreement. MY CREATIVE SHOP reserves the right to change these terms at any time, and you agree to be bound by such changes.
The term &ldquo Service &rdquo is the services provided by MYCREATIVESHOP. The term &ldquo My Creative Shop Content &rdquo are the tools, the resources, and use of all materials accessible by Customer (including but not limited to all professional photography, templates, graphics, etc.). The term &ldquo Customer Content &rdquo are any materials provided by Customer for use, on, and with MYCREATIVESHOP. This includes, but is not limited to any photos, logos and written materials provided by Customer.
2. DESCRIPTION OF SERVICE
MYCREATIVESHOP is a service that provides users with the necessary tools, access to a rich collection of on-line resources to produce any number of professionally designed pieces, unlimited storage and tracking of any number of projects, and accessibility to those projects 24/7 from anywhere they have web access (the &ldquo Service and the My Creative Shop Content &rdquo). This service can be membership in nature (monthly or annually) or the service can be on a per-credit basis in which the user purchases a set amount of credits to be used towards MYCREATIVESHOP design products and materials. In addition, MYCREATIVESHOP allows the Customer to place &ldquo Customer's Content &rdquo into MYCREATIVESHOP pieces. In order to use the Service, you must become a member to MYCREATIVESHOP, and obtain access to the World Wide Web (preferably high speed modem, DSL, broadband) on your account, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment and modem or other access devices. You, the Customer, understand and agree that you are fully and unconditionally responsible for the selections you make (colors, photos, type, etc.), the spelling and grammar of your work, and any and all content you provide (the &ldquo Customer's &rdquo Content). Customer is solely responsible for &ldquo Customer's Content &rdquo, including but not limited to, the quality, the printability, the readability and usability of such materials. It is understood that MYCREATIVESHOP has done everything it can to provide you with exceptional tools and materials (the &ldquo My Creative Shop Content &rdquo), and to ensure that your work will look professional, be printable, and be of high quality. In addition, it is also understood and agreed that MYCREATIVESHOP has done everything it can to make the templates, layouts and work which is seen on screen as closely and as representative to that which will print. MYCREATIVESHOP and Customer understand and agree this is a web-based system, and all computers and computer monitors are not the same. The work which is viewed on your (the Customer's) monitor may differ slightly in color and layout from the final printed piece. In addition, Customer understands that MYCREATIVESHOP is not a printer, and printing quality varies from printer to printer, as well as with price. MYCREATIVESHOP provides the option and service of using one of its &ldquo trusted partner &rdquo printers as a COURTESY ONLY to its customers. The selection of printer remains with the customer, and MYCREATIVESHOP can make no guarantee and will not be held liable as to the final outcome of your printed piece with the printer you choose.
MYCREATIVESHOP reserves the right to use any and all brochures developed through the MYCREATIVESHOP web site for display and self-promotional purposes.
3. PERMITTED USE: YOU MAY
a) Print the completed work as provided by MYCREATIVESHOP as often as you like, and up to any quantity.
b) Choose any printer you wish, or use our integrated print service offerings.
c) Use any of the materials you produce in their entirety, without alteration, after production, for purposes of advertising, corporate literature, promotional literature, editorial use, consumer use, non profit etc.
d) Modify, make changes to, change photos, change copy, or alter any Archived work within the MYCREATIVESHOP web site, as long as you are subscribed, and all work, including that which is finalized is assembled, modified, changed and produced through the MYCREATIVESHOP web site and MYCREATIVESHOP services.
e) Select and use any of the photos on our site, as long as they are used within our professionally designed templates.
4. PROHIBITED USE OF SITE: YOU MAY NOT
a) Transfer the rights to the templates, the designs and the images.
b) Reverse engineer, decompile, or disassemble any part of any of the templates, or completed Template(s), the designs, the images, or the completed files which you will receive.
c) Attempt to extract reuse any graphic or image that is contained in the completed work.
d) Copy or reproduce the templates, the designs and the images, except as specifically provided for in paragraph 3a and 3d
e) Display the templates, or completed Template(s), the designs and the images in any digital format or for any digital use at a resolution greater than 640X480 pixels, except as specified and allowed within the MYCREATIVESHOP web site. Doing so will be viewed as an attempt to distribute the work in a violation of this agreement. We are specifying this so no one can steal the work from you, even if that was not your intention.
f) Re-sell distribute or sub-license the Template(s), or completed Template(s), photos, or any portion thereof, CD-ROM (if applicable), or the rights to use the Template(s) to anyone for any purpose, except as specifically provided for elsewhere in this agreement. MYCREATIVESHOP is in the business of licensing use of its materials to its customers. It is the specific intent of this provision to prohibit a subscriber, purchaser or licensee of MYCREATIVESHOP from using the Template(s) and materials contained within its web site to enter, either directly or indirectly, a similar or competing business. It is also prohibited to use the Template(s), or completed Template(s) in a product whereby the subscriber, purchaser or licensee of that product can then use the Template(s), or completed Template(s) for its own purposes.
g) You agree not to use the Templates, or completed Template(s) in any way that could be considered defamatory, pornographic, libelous, immoral, obscene or fraudulent, either by making physical changes to it, or in the juxtaposition to accompanying text. You agree not to use MYCREATIVESHOP as part of any use involving sensitive subject matter, as determined by MYCREATIVESHOP. Please contact MYCREATIVESHOP for any clarification you may need.
5. CUSTOMER'S RESPONSIBILITY
You (the Customer) also agree and are solely responsible and liable for all information, data, text, photographs, graphics, images, or other materials (the &ldquo Customer's Content &rdquo) that you upload, post, or transmit via the Service). MYCREATIVESHOP does not control any Content posted via the Service, nor can MYCREATIVESHOP guarantee the accuracy, integrity, privacy or quality of such Content you provide. It is up to you (the Customer) to provide all appropriate requested formats for any image or graphic, and to provide those images and graphics in the highest quality. It is agreed and understood that MYCREATIVESHOP is a site that allows users to upload images for use in creating materials on the MYCREATIVESHOP web site, and as such, the privacy of such uploaded and distributed images cannot be guaranteed. All reasonably available precautions are taken to prevent gratuitous disclosure of uploaded images. It is agreed that you will not upload any images or materials that may be considered defamatory, pornographic, libelous, immoral or obscene. In addition you will not upload, post, or transmit any Content to which you do not have the requisite rights, that infringes any patent, trademark, trade secret, copyright, or other proprietary right of any other party. In addition you will not upload any files that contain software viruses or any other computer code, files, or programs designed to interrupt, limit the functionality of MYCREATIVESHOP, or interfere with or disrupt the Service, the servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service.
6. ADDITIONAL MY CREATIVE SHOP SERVICES
a) From time to time, MYCREATIVESHOP offers its Customers additional services other than online brochure making, and from time to time may add or discontinue such additional services. Members and non-members to MYCREATIVESHOP who use these services are bound by all the terms and conditions contained herein.
b) CUSTOM DESIGNED LOGO
INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP OF CUSTOM DESIGNED LOGOS ONLY.
Customer and MYCREATIVESHOP agree that upon payment in full of the fees associated with the Services (Custom Designed Logos ONLY), Customer shall own all worldwide right, title, and interest to, and all the elements that make up the Custom Designed Logo, including any tag lines, etc., in their entirety, and for which MYCREATIVESHOP was commissioned for, for the intended use in which MYCREATIVESHOP was paid, and for only those rights that MYCREATIVESHOP is able to or has the authority to give. No trademark or service mark rights in or to the Custom Designed Logo are being conveyed under this agreement. MY CREATIVE SHOP provides original and unique Custom Designed Logos, however, MY CREATIVE SHOP does not perform trademark or service mark searches, or any other similar inquiry to validate the legality or availability of your Custom Designed Logo. It is agreed that MYCREATIVESHOP has no responsibility or obligation to assist you (the Customer) in seeking State or Federal intellectual property protection for the Custom Designed Logo or any other materials, and no protection can be guaranteed. Customer shall be responsible for researching, obtaining, and filing all trademark, copyright, patent, or other intellectual property protections for all Custom Designed Logos provided by MYCREATIVESHOP. In the event Customer is unable to obtain intellectual property protection, or selected designs are found to infringe upon the rights of others, Customer agrees that MYCREATIVESHOP, its proprietors, vendors, subcontractors, employees, or agents, shall have no liability whatsoever to Customer or any third party. MYCREATIVESHOP can only grant ownership of the specific designs for which they were commissioned for, the chosen design or final work, the intended use, and for those designs for which they have the authority to do so. Customer and MYCREATIVESHOP also agree that in the course of any design project, numerous ideas, creative works and comprehensive materials are created, presented, and rejected by the Customer in order to develop the final selected and chosen work. These materials will be deemed as &ldquo Research and Development &rdquo , and were shown to Customer for selection purposes only. MYCREATIVESHOP shall retain a worldwide right, title, interest, and license to all Research and Development Materials not used in the final chosen Custom Designed Logo for which MYCREATIVESHOP was commissioned. In addition, design, development and creative services sometimes include graphic elements, photography, typography, layouts, etc., that were previously developed or purchased by MYCREATIVESHOP and modified to meet Customer's specific requirements (the &ldquo MYCREATIVESHOP Content &rdquo). MYCREATIVESHOP shall own all worldwide right, title, and interest in and to the MYCREATIVESHOP Content, but shall provide Customer (upon payment in full of the fees associated with the design and development Services) a worldwide, royalty-free, non-exclusive, transferable and perpetual right and license to use the MYCREATIVESHOP Content. Should any Customer default on payment, no rights will be granted.
c) PROJECT DURATION (CUSTOM LOGOS ONLY)
Customer agrees to provide timely responses to MYCREATIVESHOP after receiving Comps for evaluation from MYCREATIVESHOP. Customer shall have 30 days to evaluate and respond (in writing) to each set of Comps submitted to Customer for evaluation. If Customer fails to respond within 30 days, MYCREATIVESHOP shall deem the project to be complete and will have no further obligation to the Customer.
d) LOGO SELECTION AND USAGE
During the logo design and selection process, you may select more than one Logo Design or Symbol for the purpose of evaluating candidate designs only. Once you select your final Logo, you agree not to use any of the other Logos or Symbols as outlined in paragraph 6b, unless it is in the connection with the purchase of another Logo Package and license agreement. You also agree not to provide the Logos or Symbols to any other third party other than for the purpose of evaluating candidate Logos or Symbols that MYCREATIVESHOP has designed. Your final entitlement with payment in full is for one Logo or Symbol ONLY, unless as outlined in this paragraph.
MYCREATIVESHOP reserves the right to use Selected and Unselected comps developed by MYCREATIVESHOP, regardless of ownership, for display and self-promotional purposes.
7. LIMITATION OF LIABILITY
a) It is agreed and understood that MYCREATIVESHOP is a subscription based service (the &ldquo Service &rdquo), and part of this service (excluding, but not limited to Custom Designed Logos) is the ability to store and keep track of an unlimited amount of projects for an unlimited amount of time, with the ability to access files from anywhere the Customer has the ability to do so, 24/7. For all services, including the MYCREATIVESHOP web site, Custom Designed Logos, and any other services provided by MYCREATIVESHOP, in the event of a service interruption or failure of the MYCREATIVESHOP web site operation, servers, computer systems, software programs, CD-ROMs, or any other related or non related issues, including but not limited to cancellation or termination of your subscription, MYCREATIVESHOP will not be held responsible or liable for any loss of any materials you may have produced, are in the process of producing, or for the loss of any remaining free templates.
b) NO MONEY DAMAGES
Under no circumstances whatsoever will MYCREATIVESHOP and any related services, its proprietors, vendors, subcontractors, employees, or agents, be liable to Customer or any third party for any damages, including, but not limited to, lost profits, lost savings, lost data, or other indirect or direct, incidental, consequential, punitive, or special damages arising out of the &ldquo Services &rdquo, Some states do not allow the limitations or exclusions of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
8. LIMITATION OF REMEDIES
REPLACEMENT POLICY OR REFUNDS
MYCREATIVESHOP's entire liability and your exclusive remedy, with respect to any claims arising out of your use of the MYCREATIVESHOP web site and related services shall be as follows:
a) If your account is in good standing, and you have not let your account become inactive or expired, and there is a MYCREATIVESHOP web site failure, you will be allowed back online at no extra charge, and will resume your normal membership. Any work which is archived or backed up, and if available, will be placed back online on the MYCREATIVESHOP web site, and any such work and Services will be made available to you.
b) REFUNDS (PER-CREDIT USAGE & MEMBERSHIP ONLY)
For MYCREATIVESHOP customers, refunds will be given ONLY if within 3 days of purchase, and before any proofs or print ready files have been ordered, or images have been uploaded. All refunds are subject to a 15% (of purchase price) or $49 (whichever is greater) administration fee. It is understood and agreed that MYCREATIVESHOP is providing a service, and CUSTOMER'S use of this service for any length of time beyond that which is stated is nonrefundable. It is also agreed and understood that CUSTOMER was fully aware of the service, its capabilities, and these terms of conditions prior to joining.
c) REFUNDS (CUSTOM LOGOS ONLY)
For Custom Designed Logo &ldquo Standard Packages &rdquo , no refunds will be given.
For Custom Designed Logo &ldquo Master Packages &rdquo , Customers can request a refund in writing to terminate their project before the revision process begins, and their money will be refunded less a $189 service fee. Once the revision process has begun, or additional work of any kind has been made to any logo, refunds cannot be granted.
Please direct all correspondence to:
support@MyCreativeShop.com, or mail to: MyCreativeShop. 415 38th St. South, STE D. Fargo, ND 58103.
Be sure to include your name, address, telephone number, email address, and project job# if applicable.
9. INDEMNIFICATION
You, your successors, heirs, and assigns agree to indemnify, defend and hold MYCREATIVESHOP harmless against all claims or liability asserted against MYCREATIVESHOP arising out of or in connection with any breach of any of the terms of this entire Agreement. You, your successors, heirs, and assigns also agree to indemnify, defend and hold harmless MYCREATIVESHOP, its officers, directors, owners, partners, subsidiaries, employees, agents, licensors, suppliers and any third party provider to us from and against all losses, expenses, damages and costs, claims of any third party, including attorney fees, due to, arising out of, related to or otherwise (1) attributable to the actual or alleged infringement or violation of any materials or intellectual property you provided, or (2) attributable to your use of any of the MYCREATIVESHOP web site and any and all related Services provided by MYCREATIVESHOP, including third party services.
10. LIMITATIONS OF SERVICE
Unfortunately computers need routine maintenance and sometimes break down, and MYCREATIVESHOP cannot control the timing or volume attempts to access MYCREATIVESHOP's servers. As a result, MYCREATIVESHOP does not guarantee that Customer or any third parties will be able to access any work at any particular time. However, MYCREATIVESHOP will do everything in its power to ensure the &ldquo workability &rdquo and &ldquo accessibility &rdquo to its site.
11. MYCREATIVESHOP PRIVACY POLICY
MYCREATIVESHOP does not believe in selling lists or any customer information. We believe in your right to privacy. However, MYCREATIVESHOP may need disclose to third parties certain composite information contained in your Registration Data or in related data, provided that such information will not include personally identifying information, except as specifically authorized by you or except as reasonably necessary to (a) comply with legal requirements, (b) enforce the TERMS AND CONDITIONS, or (c) take action under any of the circumstances set forth in MYCREATIVESHOP's privacy policy, as amended from time to time.
12. INTERNATIONAL USE
Recognizing the global nature of the World Wide Web, you will comply with all local rules regarding online conduct and acceptable Content, including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
13. CONTENT SUBMISSIONS
MYCREATIVESHOP claims no ownership rights in the &ldquo Customer's Content &rdquo that is placed in the MYCREATIVESHOP brochures. By submitting Content to MYCREATIVESHOP for inclusion in the MYCREATIVESHOP materials, you grant MYCREATIVESHOP the world-wide, royalty-free, non-exclusive license to reproduce, modify, adapt, and publish the &ldquo Customer's Content &rdquo solely for the purpose of displaying and producing the Content for the Customer's needs and for the promotion of MYCREATIVESHOP. MYCREATIVESHOP will have, in its sole discretion, the right (but not the obligation) to review, screen, refuse, remove, or discard any Content that violates the TERMS AND CONDITIONS or is otherwise objectionable. You will evaluate, and bear all risks and liabilities associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content
14. RESPONSIBILITIES
You are solely liable and responsible for any claim or demand made by a third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TERMS AND CONDITIONS, or your violation of any rights of another.
15. NO RESALE OF SERVICE
You will not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, including use of the Service or access to the Service.
16. SERVICE RESTRICTIONS
You will abide by all practices, storage limits, and other restrictions concerning the Service that MYCREATIVESHOP may establish.
17. SERVICE MODIFICATIONS
MYCREATIVESHOP reserves the right at any time to modify, suspend, or discontinue, temporarily or permanently, the Service (or any part thereof), including membership length, duration, and type, with or without notice. MYCREATIVESHOP will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service. Customer also agrees that they have read these Terms and Conditions, and are fully aware of this limitation.
18. TERMINATION
Should Customer default on any payment or abuse these TERMS AND CONDITIONS, MYCREATIVESHOP may, in its sole discretion, terminate your (the Customer's) use of or access to the Service, or your use of or access to any other MYCREATIVESHOP service, for any reason. MYCREATIVESHOP may also, in its sole discretion, and for any reason it deems necessary, and at any time, discontinue providing the Service, or any part thereof, with or without notice. Customer also agrees that if Customer's account remains idle for a period of 6 months or more, or if no Press Ready Files have been ordered for a period of 6 months or more, the account will be considered inactive, and MYCREATIVESHOP has the right to terminate any such account. Upon any such termination, MYCREATIVESHOP may immediately deactivate or delete your membership and all related information, passwords, and files, and may bar any further access to such files or to the Service. MY CREATIVE SHOP is not liable to you or to any third party for any such termination. or to any third party for any such termination.
19. ADVERTISEMENTS, PROMOTIONS AND TRUSTED PARTNERS
From time to time, MYCREATIVESHOP runs advertisements and promotions. The manner, mode, and extent of advertising by MYCREATIVESHOP will be determined by MYCREATIVESHOP in its sole discretion, and is subject to change at any time without notice. In addition, MYCREATIVESHOP may work with &ldquo Trusted Partners,&rdquo in order to provide you with greater service. Your communications or dealings with such &ldquo Trusted Partners &rdquo found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such communications or dealings with any &ldquo Trusted Partners &rdquo or outside services, are solely between you and such outside service provider or &ldquo Trusted Partner.&rdquo MYCREATIVE SHOP is not responsible or liable for any loss or damage incurred as the result of any such communications or dealings or as the result of the presence of such outside service providers or &ldquo Trusted Partners.&rdquo
20. MYCREATIVESHOP PROPRIETARY RIGHTS
The Service and any software provided by MYCREATIVESHOP in connection with the Service (&ldquo Software &rdquo) contain proprietary or confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by MYCREATIVESHOP, you will not modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part. MYCREATIVESHOP grants you a limited, personal, non-transferable, non-exclusive license to use the object code of Software on a single computer, provided that with respect to such Software you do not (and do not allow any third party to) copy, modify, sell, sublicense or otherwise transfer, create a derivative work of, reverse engineer, recompile, reverse assemble or otherwise attempt to discover any source code (except as expressly permitted by local laws), or grant a security interest in or otherwise assign any right. You will not use modified or unauthorized versions of the Software for any purpose, including for the purpose of obtaining access to the Service; you will not access the Service by any means other than through the interface that is provided by MYCREATIVESHOP for such use.
21. DISCLAIMER OF WARRANTIES
Your use of MYCREATIVESHOP and any related Service is at your sole risk and liability. The Service is provided on an &ldquo as is &rdquo and &ldquo as available &rdquo basis. MYCREATIVE SHOP expressly disclaims all warranties of any kind, whether express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. MYCREATIVESHOP makes no warranty that the Service will meet your requirements, the Service will be uninterrupted, timely, error free, secure, or any products or services produced on or through MYCREATIVESHOP will meet your expectations. No advice or information, whether oral or written, obtained by you from MYCREATIVESHOP, or through or from the Service, will create any warranty not expressly stated in the TERMS AND CONDITIONS
22. NOTICES
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TERMS AND CONDITIONS or other matters by displaying notices or links to notices generally on the Service.
23. COPYRIGHTS
MYCREATIVESHOP respects the intellectual property rights of others and expects you to do the same.
24. ENFORCEABILITY
If any provision of this Agreement is held to be not enforceable, such provision shall be reformed only to the extent to make it enforceable.
25. JURISDICTION
This agreement, its validity and effect, shall be solely interpreted under, and solely governed by, the laws of the State of North Dakota. Any claims shall be brought solely in the Federal District Court of North Dakota and you expressly consent to the exclusive jurisdiction of the courts of the State of North Dakota. You consent to service of any required notice or process upon you by registered mail or overnight courier with proof of delivery.
26. LEGAL FEES AND JURISDICTION
If MYCREATIVESHOP is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, you agree to reimburse MYCREATIVESHOP for its legal fees, cost and disbursements if MYCREATIVESHOP is successful. You agree that the Cass County Circuit Court and the United States District Court for Cass County of North Dakota are the agreed and appropriate forums for any such suit, and consent to service of process by registered mail or overnight courier with proof of delivery.
27. ENTIRE CONTRACT
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND MYCREATIVESHOP, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND MYCREATIVESHOP RELATING TO THE SUBJECT OF THIS AGREEMENT. THE EXPLANATIONS TO FAQ'S AND OTHER EXPLANATIONS AND CONTENT PROVIDED IN MYCREATIVESHOP'S WEBSITE ARE FOR YOUR INFORMATION ONLY AND ARE NOT, AND SHALL NOT BE CONSTRUED AS, PART OF THIS AGREEMENT.