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Terms and conditions

By using “CreatiVizin”, and signing up as a Customer of “CreatiVizin”, the Customer agrees to be obliged by these terms and conditions, including those terms and conditions as well incorporated by reference or sub-clauses. Please read these terms and conditions carefully. If the Customer does not accept these terms and conditions stated here without any changes made, one may not use the “CreatiVizin” services. “CreatiVizin” have complete rights and autonomy to revise these terms and conditions at any time by updating this post. The Customer should visit this page in a timely manner to review the Terms and conditions, because these are the basic sets of legal binding for both “CreatiVizin” and the Customer. In these terms and conditions, “CreatiVizin”, all the services related to it, and all text, images, photographs, user interface, "look" and "feel", data and other content or material included in it added periodically (including, without limitation, the selection, organizations, coordination and arrangement of such content or material) are referred to as the "Web Site" or "Service".

Service Generally

  • For all the terms and conditions ‘CreatiVizin’ have a zero level tolerance and both the parties CreatiVizin and the Customer are required to follow these terms and conditions right accordingly. Under our strong terms and conditions and under the obligation of a binding relationship between CreatiVizin and the Customer through these terms and conditions, the Customer is obliged to follow the stated terms and conditions.
  • “CreatiVizin” and the Customer hereby agree to the following terms and conditions with respect to the provisions by “CreatiVizin”
  • The Customer will be provided with the Service according to the Packages chosen by the Customer as detailed on the “CreatiVizin” website. Customer's Design will be created iteratively through a Design process of Creative Briefing, Sampling, Customer feedback, Revisions and finally the final design confirmation to Customer's Creative Briefing and Feedbacks and dedicated and creative efforts by the “CreatiVizin”.
  • “CreatiVizin” is highly responsible to provide 100% custom build graphic designs to the Customers.
  • Under the general terms and conditions by “CreatiVizin” regarding communication between CreatiVizin and the Customer, the Customer is solely responsible and obliged for preparing and sending detailed answers and prompt feedback to our graphic designs specification briefing and queries in order to make sure efficiency of time and also maintaining oneself fully aware of the deadlines for revisions, samples, termination and refund.
  • “CreatiVizin” is under no obligation to review a creative briefing for further feedbacks for any purpose, including accuracy, completeness of information, new concept, sample or design, quality or clarity. “CreatiVizin” may decide, in its sole managerial discretion, to deny a creative briefing or revision briefing or Customer feedback. The option of default revisions and additional revisions in the form of service add-ons is also provided in order to help “CreatiVizin” to bring the basic or minor changes required by the Customer through the feedback brief making it sure that after approval of a provided concept or design by the Customer there is no right to the Customer to change that in the form of revisions. The Customer has to pay an extra amount for request of additional concepts and to submit a request of additional concept with extra charges along with prompt communication to the “CreatiVizin Support Team”
  • When “CreatiVizin” provides a set of designs or samples or concepts to the Customer according to the number of samples allowed within the basic service package which also varies service to service, the Customer shall review and respond instantly.
  • If the Customer fails to promptly inform “CreatiVizin” that the provided designs or samples or concepts are not responsive to the provided feedback or requirement within the maximum time duration of 14 days right from the time of order placement, the Customer will be automatically considered to have accepted the designs or samples provided unless he/she informs the CreatiVizin Support Team.
  • Also if the Customer is automatically considered to have accepted the designs or samples or concepts due to no communication in response to the sent drafts or samples or designs or concepts by the “CreatiVizin” from the Customer within the maximum time of 14 days from the time of order placement then the Customer also looses the rights for a refund as well. For a complete detail and knowledge regarding our refund policy you may review the terms and policies stated under ‘Refund’ in this terms and conditions statement.
  • If the Customer notifies “CreatiVizin” that the design is not reasonably fulfilling or responsive to the Customer feedback, the Customer shall provide information regarding amendments or modification to be made to the initial samples. After providing his feedback, the Customer will be provided a response that confirms to the additional criteria requested by the Customer which is the maximum number of revisions allowed within the maximum time duration of 14 days as allowed and also stated under the terms and conditions of ‘Revision’ with detail and as per the basic package plan of the respective order placed by the Customer.

Project duration

  • The Customer agrees to provide timely responses to “CreatiVizin” after receiving service status notification and email from “CreatiVizin”. The Customer shall have 14 days to respond to the set of designs or samples or concepts sent to the Customer for review and feedback. If after 14 days the Customer has failed to communicate or response, “CreatiVizin” will assume the project is complete.
  • After this time duration, “CreatiVizin” will have no further obligation to the Customer regarding any revisions request, and the Customer is responsible for the total order cost as per at the time of order placement.
  • However, in rare cases, if the customer feels that it may take him more than 14 days to give a response or feedback regarding the designs or samples or concepts sent then the Customer is highly responsible and required to inform the “CreatiVizin Support Team” accordingly, so that “CreatiVizin” keeps the project in active state.

Holiday dates

  • “CreatiVizin Team” works 8.00am until 5:00pm CST between Monday and Friday. “CreatiVizin” remain closed on Saturdays and Sundays. In case of any other Special Holiday Dates, updates will be published on the website - at least 7 days in advance by the “CreatiVizin”.

Eligibility Requirements

  • To use the “CreatiVizin” services and to become a customer by signing up with “CreatiVizin” the individual must be at least 18 years of age, agree to all the Terms and Conditions and the Privacy Policy, and submit the complete on-line form.
  • To become eligible for “CreatiVizin” services, the individual represent, agree and warrant for fulfilling these eligibility requirements and also make sure that the information included as part of the ordering process is complete and accurate.
  • If you are ordering services on behalf of an entity for which you are authorized to legally bind that entity to these Terms and Conditions. “CreatiVizin” may accept or reject your order in its sole managerial discretion.
  • In case of any suspicious order placement in terms of payment or verification “CreatiVizin” reserves the right to ask any kind of document which includes but not limited to credit card copies, company’s legal documents.

Order Placement

  • “CreatiVizin” have a complete range of services offering to their Customers via the official website for “CreatiVizin”. The ‘What We Do’ page has a complete listing of all the services offered by “CreatiVizin” along with complete package pricings and the easiness of customizing your order package right accordingly to your own needs and requirements in terms of samples and revisions.
  • “CreatiVizin” and the Customer both the parties are legally bound and as a result of these terms and conditions are highly responsible to follow these terms and conditions regarding refund, termination and revisions and the durations allowed by “CreatiVizin” also depends upon the order placement.
  • The Customer is responsible to fill the order brief with as much information as possible regarding the service requirements.
  • The service packages as shown in the ‘What We Do’ page of “CreatiVizin” constitutes the basic price including the minimum number of samples, revisions and sizes allowed by “CreatiVizin” as the part of basic pricing for the respective service.
  • For any “CreatiVizin” service there is a minimum of 1 sample or concept or design and 2 revisions request offered in the basic service package.
  • However, the total cost of the order may increase with extra charges if the Customer has requested some additional service add-ons such as additional number of samples or additional number of revisions or any other customization regarding sizes.

Payment

  • For all the terms and conditions ‘CreatiVizin’ have a zero level tolerance and both the parties CreatiVizin and the Customer are required to follow these terms and conditions right accordingly. Under our strong terms and conditions and under the obligation of a binding relationship between CreatiVizin and the Customer through these terms and conditions, the Customer is obliged to follow the stated Terms and conditions.
  • The Customer agrees to the basic terms and conditions at the time of order placement.
  • Under the terms and conditions of payment “CreatiVizin” requires the Customer to make the total order cost in advance via the available payment modes as given on the “CreatiVizin” website. The Customers will be charged for the package(s) selected and for the add-on services as well if selected at the time of order placement.
  • “CreatiVizin” will email the Customer a receipt for the transactions and with all the information necessary to start the service process along with the default samples and revisions provided with the basic service package.

Revision

  • For all the terms and conditions ‘CreatiVizin’ have a zero level tolerance and both the parties CreatiVizin and the Customer are required to follow these terms and conditions right accordingly. Under our strong terms and conditions and under the obligation of binding relationship between CreatiVizin and the Customer through these terms and conditions, the Customer is obliged to follow the stated Terms and conditions.
  • Once the Customer approves provided design or sample or concept without consuming the default number of revisions or even the additional purchased number of revisions then the “CreatiVizin Team” will consider the approval to be a final design to work upon and the Customer will lose the option of revision. However if Customer requires a new concept then there is an additional cost charged and the Customer should contact the “CreatiVizin Support Team”
  • There is always a minimum number of revision request already offered along with every respective service to the Customer from “CreatiVizin” in the default service package.
  • The default number of revisions already offered with the basic service package varies service to service however, a minimum of two revisions are always offered with all the services by default in the basic service package.
  • “CreatiVizin” provide the flexibility of request for additional number of revisions also in the form of add-ons service to the Customer. Additional Revision request generally consist of a range starting from 4 to 10 which constitutes an extra charge in the total order cost.
  • The maximum deadline allowed to the Customer for submitting a first request of revision is 14 calendar days. After the Customer has consumed the limit of 14 days from the day of order placement and has not requested for any revision then afterwards “CreatiVizin” is not responsible and has no legal binding for addressing any revision request by the Customer which also implements to the default number of two revisions offered with the basic service package and also looses all the number of revisions if additionally purchased.
  • If the Customer is effectively communicating and giving response to the drafts or briefings sent to him by the “CreatiVizin” from the time of order placement or within the maximum duration of 14 days then “CreatiVizin” have no right to cancel the revisions and are responsible to address to the Customer provided feedback on the given samples.
  • The purpose and basic objective of the revisions offered and the flexibility of add-on revisions focuses to create designs that are 100% custom build, creative, unique, innovative and right according to the specific direction as determined and required by the Customer.

Refund

  • For all the terms and conditions ‘CreatiVizin’ have a zero level tolerance and both the parties CreatiVizin and the Customer are required to follow these terms and conditions right accordingly. Under our strong terms and conditions and under the obligation of a binding relationship between CreatiVizin and the Customer through these terms and conditions, the Customer is obliged to follow the stated Terms and conditions.
  • If the Customer is not satisfied with the designs, samples or concept provided by “CreatiVizin”, the Customer may request a refund by completing the Refund Request form and effectively informing and coordinating with the “CreatiVizin Support Team”.
  • Acceptance of such refund shall constitute the Customer's sole and exclusive remedy with respect to such basic sample. Should the Customer receive such refund, Customer acknowledges no right (express or implied) to use any sample or other work product, content, or media, or material nor any ownership interest in or to the same.
  • CreatiVizin and the Customer both are bound to follow the respective refund policy which primarily states itself as a basic rule and limitation of time that any type of refund can only be claimed under a maximum period of 14 calendar days.
  • If you have already confirmed or approved the acceptance of a design, we cannot provide a refund. Your approval represents an acceptance of the final project and serves as statement of satisfaction.
  • According to the general services terms and policies and as stated above also, the Customer is required to give a prompt response to all the briefings, emails, drafts, samples, phone calls and other mediums of communication just in order to make sure that everything between “CreatiVizin” and the Customer are properly addressed and communicated on time for the primary reason of a direct relationship between refund policy and the general terms and conditions for communication.
  • This clause of refund states that if the Customer fails to give a response via any communication medium to the communication representatives or to the support representatives or if fails to communicate the reason of his/her unavailability till a maximum time of 14 days then in such case “CreatiVizin” is not responsible for accepting and addressing any kind of refund even of any certain amount. For this clause and all other terms and conditions ‘CreatiVizin’ have a zero level tolerance.
  • Within the maximum time duration of 14 days if there is any refund request made by the Customer then CreatiVizin posses the right to conduct a managerial discretion and analysis of the case and only then a refund for the order placed is made.
  • In case of the successful termination of the order by the Customer followed accordingly by the terms and conditions as stated under the terms and conditions of termination of order CreatiVizin is responsible to accept a refund against the order to the Customer. The clause for refund with successful termination of order CreatiVizin is responsible to offer the refund in two significant ways;
    1. i. Under the stated terms and conditions for termination of order it is already stated that the termination is only allowed within maximum time duration of only 24 hours. Now Within this maximum limit of 24 hours for termination if no working activity has taken place on the placed order by any of our team member than we refund with a minimum of 10% of deduction from the total order cost charged.
    2. ii. Under the stated terms and conditions for termination of order it is already stated that the termination is only allowed within maximum time duration of only 24 hours. Now Within this maximum limit of 24 hours for termination if there has been any working activity that has taken place on the placed order by any of our team member than we refund with up to 40% of deduction from the total order cost charged depending on the level of activity and working that has taken place on the placed order.

Termination

  • For Termination and all other terms and conditions ‘CreatiVizin’ have a zero level tolerance and both the parties CreatiVizin and the Customer are required to follow these terms and conditions right accordingly.
  • “CreatiVizin” reserves the right, in its sole managerial discretion, to terminate the service, at any time, with or without notice. In the event of such termination, “CreatiVizin” will work with the Customer to determine the amount of any refund (if any) if possible to be paid to the Customer as a result of termination.
  • Under our strong terms and condition and under the obligation of binding relationship between CreatiVizin and the Customer through these terms and conditions, the Customer is obliged to follow the stated termination policy in all conditions also the refund policy with termination is actually very easy and simple which describes the following;
  • Within the terms and conditions for the termination of any order placed by the Customer the policy of a maximum time of 24 hours is only allowed for the request of termination right from the time of order placement for which both CreatiVizin and the Customer are bound to follow.
  • For a successful termination of the order placed by the Customer, the Customer has to inform CreatiVizin at the earliest within the maximum time duration of 24 hours after which the Customer is not able and allowed to terminate any order placed.
  • Under the general terms and conditions clause the focus and emphasis put over the prompt communication between both the parties also describes that communication on time has the uttermost importance as the allowed duration for termination of any order is only 24 hours.
  • Under the terms and conditions of ‘refund’ by CreatiVizin against any order placed to the Customer there is a certain percentage of deductions from 10% up to 40% of the total order cost charged to the Customer depending upon the service level after which a refund is also made by CreatiVizin to the Customer. For a detailed knowledge of refund policy please read the terms and conditions for refund also.
  • For a successful termination process the Customer is obliged to communicate the request for termination within 24 hours to the CreatiVizin team in order to claim a successful refund as well against the terminated order.

Once you have taken the final delivery

  • Upon the successful completion of service order by “CreatiVizin” the Original source files of the finalized designs is provided to the Customer. For the finalized designs “CreatiVizin” make sure the following to deliver to the Customer;
    • Design Formats: “CreatiVizin” provide source files in all web and print ready formats (.AI, .PSD, .EPS.PNG, .JPEG, .TIFF).
    • Color Formats: “CreatiVizin” will provide the Customer with approved Graphics both in full color and black and white formats.
    • Color Codes: “CreatiVizin” will provide its customer CMYK and RGB color codes for the most exact color match.
    • Fonts Format: “CreatiVizin” will provide a source file of the font used in the Graphics design to the Customer.
    • Consent of Ownership: “CreatiVizin” is also responsible to provide the Customer with a “Consent of Ownership” which primarily expresses and delivers all rights of the finalized design to the Customer from “CreatiVizin”. The customer is fully responsible to hire an Attorney for all the legalities and processes involved in the copyrighting and trade marking of the finalized design as soon as possible.
    • In any case of design larceny or losing the design by the Customer to any other entity or designer or any individual who further copyrights the designs before customer’s approach to copyright and trademark, “CreatiVizin” is not responsible for such mishaps and it is therefore highly recommended and suggested by “CreatiVizin” that the customer should trademark and copyright the finalized design at the earliest. For further and in depth knowledge “CreatiVizin” highly recommend to read the “Consent of Ownership” in the end of this Terms and Conditions Statement.

Authorization to Use

Permitted Uses

  • The Customer is allowed to access and use the “CreatiVizin” service solely in accordance and acceptance to the Terms and Conditions and any posted or updated policies and procedures that appear on the Web Site. The individual may provide Creative Briefs, Creative Feedbacks, and obtain Responses by the “CreatiVizin Support Team” only if you register as a Customer.
  • Any use of the Web Site is at the Customer’s own risk and responsibility. According to the Terms and Conditions, the Customer may display the Web Site on an internet access device on an occasional, infrequent and ad hoc basis, and only in circumstances that constitute to the "fair use” under the United States laws.
  • Regarding the International Copyright Law, print copies of insubstantial portions of the Web Site the Customer may not be able to display or print the Web Site and in no event the Customer should not broadcast, distribute, publish, circulate, download, perform, rent, store, reproduce, sell, transmit or create decorative works from the Web Site.
  • This website contains copyrighted material, trademarks and other proprietary information, including, but not limited to the text, software, video, photos, graphics, music and sound, and the entire contents and material of this website are copyrighted as a collective work under United States International copyright laws.
  • This material may not be published, broadcast, rewritten or redistributed in whole or part without the express written permission of “CreatiVizin”. Unauthorized commercial or private use of this material is subject to criminal prosecution.

Prohibited Uses Generally

  • You are required to comply with all applicable laws (including, without limitation, any applicable export controls) in relation with your use of the “CreatiVizin” service, and such further limitations as may be set forth in any written or on-screen notice from “CreatiVizin”. Without limiting the following in any aspect, the Customer agrees not to transmit, distribute, post, communicate or store information or any other kind of material on, to or through the Web Site that includes (i) is copyrighted, unless the Customer is the copyright owner; (ii) reveals trade secrets, unless the Customer owns them; (iii) infringes on any other intellectual property rights of other individuals or entities or on the privacy or publicity rights of other individuals or entities; (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) also contains any viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data or information. The customer also further agrees not to (i) use any false, incomplete or inaccurate biographical information or other information for purposes of registering as a Customer; (ii) delete or revise any material or other information of any other user or “CreatiVizin”; (iii) take any action that imposes an unreasonable or disproportionately large load on the Web Site's infrastructure; (iv) use any device, software or routine to interfere or attempt to interfere with the proper working of this Service or any activity being conducted on; (v) use or attempt to use any engine, software, agent, tool or other device or mechanism (including without limitation browsers, spiders, robots, avatar's or intelligent agents) to navigate or search this Web Site other than the search engine and search agents available from “CreatiVizin” on this Web Site or those generally available to third party web browsers or (vi) 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. 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 e-mail, 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 e-mail or posting. Violations of system or network security may result in civil or criminal liability. “CreatiVizin” will investigate the occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. “CreatiVizin” reserves the complete 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. “CreatiVizin” will take 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, or to edit, refuse to post or to remove any information or materials, in whole or in part.

Operation of Web Site

  • ’CreatiVizin’ shall not be responsible for any delays or interruptions of, or errors or omissions contained in, the Web Site. “CreatiVizin” reserves the complete right, but shall not be required, to correct any delays, interruptions, errors or omissions. Although “CreatiVizin” intends to use commercially reasonable efforts to make the Web Site and Service accessible, “CreatiVizin” 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. “CreatiVizin” at any time may 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. “CreatiVizin” shall not be responsible for any loss, cost, damage or liability that may result.

Responsibility for the Content, Other Representations, Warranties and Covenants

  • “CreatiVizin” shall not be responsible for any use that is or is not made of the Web Site or the Service. Without limiting the foregoing, “CreatiVizin” 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, Revision brief, Term Sheet, Response or User Identity (as defined hereafter) that are communicated through, or posted to, the Service, whether by Members, Customers, “CreatiVizin” or otherwise, nor does “CreatiVizin” endorse any opinions expressed by any user of the Web Site, including any Member or Customer. Without limiting the foregoing, “CreatiVizin” makes no representations, warranties or covenants regarding the validity of the rights to Responses granted pursuant to this Agreement. Customer acknowledge that any reliance on information or other material, including, without limitation, any Service, 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, each Customer agrees and acknowledges that it uses each Response at its own risk and that it is responsible for taking any actions it deems reasonable to determine whether its use of a Response will infringe any third party intellectual property, privacy or publicity rights.

Ownership, Rights to Use

Web Site and Service Generally

  • Except as expressly contemplated under this Agreement, as between “CreatiVizin” and the Customer, “CreatiVizin” 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 full extent provided under United States and international law. The Customer shall not remove, conceal or alter any copyright notice, byline information, disclaimer, restriction or other notice on the Web Site or any portion. You shall not use or permit any third party to use the name, trademarks, trade names, of “CreatiVizin”, without the prior written consent of “CreatiVizin”.

Rights of “CreatiVizin”

  • The Customer grants “CreatiVizin” 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, the designs provided by “CreatiVizin”, for the full term of any intellectual property rights that may exist in such designs to the extent necessary to provide the Customer with the Service and the designs.
  • “CreatiVizin” will hold your logo design files in our archives for 1 year from the time of ordering and can re-supply the logo or design from its archives without any additional charges.
  • “CreatiVizin” is not responsible for researching or infringing any trademark violations that may or may not arise in our dealings with the Customer.
  • “CreatiVizin” is not responsible for researching or infringing any trademark violations that may or may not arise in our dealings with the Customer.
  • “CreatiVizin” retains rights to display the artwork in its portfolio and advertising materials ”CreatiVizin” retains the Copyright to all samples, comprehensives, or other preliminary materials, which are not selected by the Customer or are not included into the final delivery.

Rights of the Customer

  • Subject to the Customer's compliance and legal binding with the terms and conditions of this Agreement, the Customer shall own the final design provided to the Customer by “CreatiVizin”.
  • The Customer shall not, however, own any materials, media or other content generated during any revision cycles leading up to the final design, with such right, title and interest expressly reserved to “CreatiVizin”.
  • The customer acknowledges and hereby grants to “CreatiVizin” the right to use Creative and Revision Briefs, as well as individual designs or concepts provided to the Customer, for internal and filing purposes, and in order to display and promote the “CreatiVizin” Service.
  • The Customer also acknowledges that his rights under this Agreement of Terms and Conditions shall be limited solely to the final design chosen and approved by him and that no trade or service marks in or to such final design is being conveyed under this Agreement.
  • The Customer acknowledges that “CreatiVizin” shall have no obligation or duty to perform trade or service mark searches or inquiries, in order to validate the propriety or legality of the provided compositions.
  • Until final design is approved by the Customer as per standard contract with “CreatiVizin”, all logos, artwork, samples and designs remain the copyright and exclusive property of “CreatiVizin”. This material may not be reproduced in any other way without the prior written consent of ”CreatiVizin Team”, in advertising, electronic or traditional reproduction, with the addition of any copyright and/or trademark notice that may be requested by the owner of the work. By placing an order to “CreatiVizin”, you agree and consent to these terms and conditions.
  • The Customer is encouraged and motivated to perform its own independent searches with regard to the designs provided by “CreatiVizin”. Furthermore, The Customer acknowledges that “CreatiVizin” shall have no responsibility or obligation of any kind to assist the Customer in seeking state or federal intellectual property protection (i.e., without limitation, trademark registration) for the designs, nor shall “CreatiVizin” be responsible in otherwise assisting the Customer in any way in the Customer's perfection of the Customer's rights in or to the designs.
  • Ownership (copyright and title) of the final artwork become the property of the Customer, having unlimited, indefinite, and royalty-free use of the image upon payment of all fees.
  • “CreatiVizin” expects the Customer to perform researching on their company name to be sure the name is not already in use and securing a copyright, trademark or service mark to protect the Customer's legal rights to any name or image. “CreatiVizin” is not and will not be held responsible for any legal action that may result from improper due diligence on the availability of a company name or image.

Consent of Ownership to the Customer

  • The “Consent of Ownership” is the most important document delivered to the Customer by “CreatiVizin” upon the successful completion of the Design Service Project which primarily delivers the ownership of the respective finalized design to the Customer.
  • “CreatiVizin” is also responsible to provide the Customer with a “Consent of Ownership” which primarily expresses and delivers all rights of the finalized design to the Customer from “CreatiVizin”. The customer is fully responsible to hire an Attorney for all the legalities and processes involved in the copyrighting and trade marking of the finalized design as soon as possible.
  • The Customer shall own the final design provided to the Customer by “CreatiVizin”.
  • The Customer acknowledges that “CreatiVizin” shall have no obligation or duty to perform trade or service mark searches or inquiries, in order to validate the propriety or legality of the provided compositions.
  • In any case of design larceny or losing the design by the Customer to any other entity or designer or any individual who further copyrights the designs before customer’s approach to copyright and trademark, “CreatiVizin” is not responsible for such mishaps and it is therefore highly recommended and suggested by “CreatiVizin” that the customer should trademark and copyright the finalized design at the earliest.
  • All trademark matters are the full responsibility of the customer however “CreatiVizin” is always oriented on the principles of creativity and innovation and has no intention of copying any pre-existed logo or design of another company or customer provided referrals or samples of their customers.
  • Licensing the font used in the logo is the responsibility of the Customer.

Nondisclosure and Privacy

  • “CreatiVizin” intends to use commercially reasonable efforts to follow its privacy policy; as such privacy policy may be changed in a periodic manner at “CreatiVizin” sole managerial discretion. Any data gathered from the Customer about himself or the Customer’s company will not be disclosed to any third party.
  • “CreatiVizin” ensure that Customer’s critical data is always protected, no matter what your information may be. However, “CreatiVizin” are legally bound to reveal information, including personal information, if law enforces it.
  • “CreatiVizin” cannot and does not assume any responsibility or liability for any information provided by the Customer to “CreatiVizin” which may be disclosed by accident or by third parties' illegal acts. Notwithstanding the foregoing, “CreatiVizin” cannot and does not assume any responsibility or liability for any information submitted to the Web Site or for the use or misuse of any information submitted by you or any other person, including, without limitation, any information accessed by a hacker or by any other malicious act.

Disclaimers, Limitations of Liability

  • The Service serves solely as a venue for the creation of work and “CreatiVizin” does not screen or censor any information or material posted to the Web Site. Although “CreatiVizin” makes commercially reasonable efforts to determine the identity of Customers, “CreatiVizin” cannot and does not confirm that any Customer or other user is who they claim to be or that any Customer or other user has the qualifications he or she claims to have. Because “CreatiVizin” 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 release “CreatiVizin” (and our affiliates, agents and employees) from all claims, demands and damages (actual, consequential, direct, indirect, incidental, special and exemplary) 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.
  • THE SERVICE AND THE RESPONSES ARE PROVIDED "AS IS." “CreatiVizin” MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO THE CUSTOMER OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SERVICE, INCLUDING ANY PART THEREOF, OR OTHER CONTENT THAT MAY BE PROVIDED BY “CreatiVizin”.
  • THE CUSTOMER ACCEPTS THAT THE ELECTRONIC DEVICES AND SOFTWARE USED BY THE CUSTOMER TO REVIEW THE DESIGNS PROVIDED BY “CreatiVizin” MAY DISTORT THE COLORS, SHAPES AND EFFECTS USED TO CREATE THE SAMPLES. “CreatiVizin” DISCLAIMS ANY WARRANTY RELATED TO THE ACCURACY OF THE OUTPUT DEVICES USED BY THE CUSTOMER -WHATEVER IT’S NATURE- AND KEEP THE RIGHT TO STATE THE SPECIFICATIONS OF A GIVEN DESIGN BY USING STANDARD COLOR, MEASURE AND DESIGN CODES. THE CUSTOMER WILL ACCEPT THOSE SPECIFICATIONS AS THOSE CORRESPONDING TO THE CHOSEN DESIGN.
  • “CreatiVizin” DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.
  • WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, “CreatiVizin” 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, QUALITY OR OMISSIONS IN THE SERVICE, (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, AND (v) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY “CreatiVizin” OR ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANYOF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICE WILL MEET THE CUSTOMER'S NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
  • NEITHER “CreatiVizin” NOR ANY THIRD PARTY SHALL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY REMEDY, LIABILITY, DAMAGES, COSTS, OR LOSSES WHATSOEVER RELATING IN ANY WAY TO THE WEB SITE, INCLUDING ANY PART THEREOF, OR ANY OTHER CONTENT, WHETHER ARISING UNDER THESE TERMS AND CONDITIONS OR APPLICABLE LAW, INCLUDING CONTRACT, TORT, STATUTORY, OR ANY OTHER LAW.
  • IN NO EVENT SHALL “CreatiVizin” OR ANY THIRD PARTY BE LIABLE TO YOU OR ANOTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE SERVICE PROVIDED BY “CreatiVizin” , INCLUDING ANY PART THEREOF, OR ANY OTHER CONTENT, (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 DESIGNS PROVIDED BY “CreatiVizin” , EVEN IF “CreatiVizin” OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

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 “CreatiVizin” and “CreatiVizin” is not responsible for the Linked Content, including, without limitation, links contained in the Linked Content, or any changes or updates to Linked Content. “CreatiVizin” is providing Linked Content to the Customer only as a convenience, and the inclusion of such Linked Content is not an endorsement by “CreatiVizin” of such Linked Content. If the customer decides to access any Linked Content, you do so at your own risk.

Indemnification

  • Upon a request by “CreatiVizin”, the Customer agree to defend, indemnify and hold harmless “CreatiVizin” and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from all liabilities to, claims of any third party due to or arising out of your violation of any of these Terms and Conditions, and any expenses, including, without limitation, reasonable attorneys fees, incurred in connection therewith.

General

  • These Terms and Conditions set forth the entire agreement and understanding of the parties with respect to the subject matter hereof and supersede any and all prior oral or written agreements and understandings, and any and all contemporaneous oral agreements and understandings between the Customer and “CreatiVizin” regarding the subject matter of these Terms and Conditions.
  • 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. 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. The section headings and other headings contained in these Terms shall not affect the meaning or interpretation of these Terms and Conditions.
  • If “CreatiVizin” and the Customer have need for legal recourse to settle any dispute the case will be handled by a court of law having jurisdiction over the “CreatiVizin”
  • For further information on any of our terms and conditions, or would like information about licensing images and/or materials from “CreatiVizin” please contact us at info@CreatiVizin.com
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