1. TERMS & DEFINITIONS
- By accessing this web site, you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
- Agency or Agencies or Agent or Designer or Us or We – refers to Fusion Group USA, Inc, Fusion Group USA, Fusion Group, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors.
- Client or Customer or You or User or Owner – Refers to the company or person who has hired, retained, or employed Agency
- Business Day – refers to a day that is not a Weekend, Holiday and is at least 24 hours long.
- Delivery – refers to the completion of a task
- Fee or Retainer or subscription – refers to the monetary value in which you pay Agency for services or products
- User content – refers to information or materials provided to Agency by Client
- Site or web site – refers to Agencies web properties
- Terms and conditions or Service or Contract or agreement or any combination of those terms – refers to any agreement/contract between Client and Agency, drafted by Agency and Accepted by Client
2. OUR RIGHTS
- Our Intellectual Property. We retain all rights to intellectual property underlying the Site and creative that has not been supplied as a final closed design.
- User Content Review. We reserve the right to review any User Content, and to investigate any disputes related to that content.
- Backup; We assume no liability. Agency will make every reasonable effort to shield from data loss, including final Client assets or User Content, however we will not be liable in the event of such loss of User Content.
- Discretionary Right to Suspend or Terminate Account. We reserve the right to suspend or terminate the account of any Customer at any time for failure, or perceived failure, to comply with this Agreement, or for any other reason in our sole discretion.
- Right to Assume Our Defense. If you are required to indemnify us from any claim or loss, we reserve the right, at your expense, to assume the exclusive defense and control of such matter. We will use reasonable efforts to notify you of any such indemnifiable claim or loss upon becoming aware of it.
- Disclaimer. Except where prohibited by law, the Site is provided as-is and as available and we expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that the Site (A) will meet your requirements; (B) will be available on an uninterrupted, timely, secure, or error-free basis; or (C) will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe; (D) reserves the right to amend, suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice.
- Permission is granted to temporarily download one copy of the materials (information or software) on Agency web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: Modify or copy the materials; Use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on Agencies web site; remove any copyright or other proprietary notations from the materials; transfer the materials to another person or “mirror” the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Agency at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. OWNERSHIP, TRADEMARKS & PROVIDED ASSETS
- You own all final graphic files we create during any month paid in full when you are in compliance with the agreement. If you fail to provide a 30 day cancelation for the service, all designs provided to you will remain intellectual property of the Agency if the final payment remains outstanding. If such event occurs you are hereby notified that you must immediately cease all use of the materials created or edited for you by the Agency. You agree that any materials provided to us are proofed and approved to be used in your designs and are not owned or trademarked by a different entity. You are responsible that any materials provided can be legally used in our designs. We are not liable for the materials you provide as it pertains to license or trademark issues. You do not have the right to reuse any Images obtained from Agency in any other mediums or files, unless those files are created under a paid subscription or package. Posting User Content that violates any copyright or other intellectual property rights is in express violation of this Agreement. If you believe your copyrighted work was submitted by a Customer to us without authorization, you may submit a DMCA takedown notice to us at [email protected]. Only the copyright owner, or an agent authorized to act on the owner’s behalf, may submit such a notice.
- You can review the most current version of this document at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these terms by posting updates and changes to our website, without any explicit notice to you. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Condition of Service constitutes acceptance of those changes.
5. FAIR USE POLICY
- This agency service is designed for the reasonable use of an average non-creative based small / medium size business. We are not meant to replace a full-time graphic designer – This means you need to treat this as a service, not an employee, please use and exercise common courtesy and common sense and realistic expectations as it relates to deliverables. If we find that you are not in alignment with our model, core values or are abusing our services or team in any way, we reserve the right to cancel your account. We also reserve the right to refuse jobs submitted based on them being ill-natured, deceptive, pornographic or illegal in nature. The term “unlimited” is subject to this Fair Use clause. The definition of Fair Use is determined by Agency management, at its sole and exclusive discretion. Your right to use the Agencies services shall terminate upon your breach of any term of this Agreement. Click here to view our list of inclusion and exclusions of service types included in the subscription.
6. THIRD PARTY LINKS
- We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
- We do not issue refunds, unless it is due to our breech of this agreement, provided you bring any breech to our attention and award us a 5 business day time to cure any breech.
8. OUTPUT FILES
- We will do our best to minimize any mistakes, however due to the nature of creative design and being human we cannot guarantee all files delivered will be 100% error free, we only proof your written content with a design program standard spell check tool. Upon file delivery, you agree to review and proof all files for any errors or omissions and notify our team if any changes/corrections are needed. Our Agency cannot be responsible or liable for any losses or expenses incurred from errors or omissions.
9. SAMPLE WORK
- We reserve the right to publish your work in our portfolio, social media or other communication efforts. If there is something you’d like us to remove for market confidentiality reasons, please let us know in your request.
10. TURN TIMES DEFINED
- The “three business day” turnaround commences once ALL assets, including text and images have been supplied. Requests or revisions will not be assigned if they are unclear, vague or missing required assets and information.
Agencies daily cutoff is 10am MST (No DST). All requests after that time will be considered the next day.
Submission Monday @ 10am will be completed on:
- 3 Day = Tuesday Close of Day
- 1 Day = Monday Close of Day
Submission Monday @ 10:01 am will be completed on:
- 3 Day = Wednesday Close of Day
- 1 Day = Tuesday Close of Day
These timelines may change due to the nature of our business as ultimately determined by our team. We will work closely with you to ensure we work towards any deadlines you may have. The majority of jobs are turned 1-3 days and revisions are same to next day. This is not a guarantee, but a promise to do our best. Please engage in realistic expectations.
- We uphold confidentiality in all communication regarding your brand and business. We will only communicate to those who have been authorized on your account and will not share any information provided with anyone outside our organization.
12. ERRORS, INACCURACIES, OMISSIONS, REVISIONS, AND ERRATA
- The materials appearing on Agency web site could include technical, typographical, or photographic errors. Agency does not warrant that any of the materials on its web site(s) are accurate, complete, or current. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated. It is your responsibility to confirm current terms and conditions, pricing, etc.
13. PROHIBITED USES
- In addition to other prohibitions as set forth in this agreement, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (medical or recreational marijuana materials are exempt from this provision) (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, company affiliation or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
14. DESIGN PROCESS
- All design requests and associated electronic files will be submitted via the design form on our website or via email, whichever is easier for you. In majority cases we will aim to deliver your design request within 1 to 3 business days, however, some requests make take longer, the time is not a guarantee.
15. DESIGN REVIEW
- You have the right to make any amount of changes you see necessary until you are 100% satisfied, we will work diligently to ensure you are 100% satisfied with the output of work, so long as it is within the scope of the service.
16. DESIGN SIGNOFF
- When you are satisfied that the work has been completed you will be required to approve the proof through or proofing system. Approvals MUST be completed via the proofing systems, no email or verbal approvals will be accepted. If we do not receive an approval within 3 business days we will consider the proof approved and will close the request. Should you wish to reopen the request, this will be considered a new request and not a revision.
17. DESIGN OWNERSHIP
- You own all rights to the final approved file. Any conceptual designs will remain property with Agency. At no time, unless approved in writing by Agency, are you permitted to use our final designs to create content or designs for another brand, company, person, or entity other than the entity it was originally created for.
18. RECURRING PAYMENT
- This is a subscription based service, billed monthly in advance. When you sign up, you agree to Agency automatically deducting each month’s fee on, without notice to you, or around the same date as you signed up. If you wish to cancel at anytime, simply visit your account and cancel, ensuring at least 14 days from your monthly renewal date. We will cancel your subscription and confirm by email when this is done. If within the 14-days you will be billed one additional time, at which you will still have access to our services.
19. MODIFICATIONS TO THE SERVICE AND PRICES
- Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
20. ACCURACY OF BILLING AND ACCOUNT INFORMATION
- We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
21. CLIENT SUBMISSION AND FEEDBACK
22. DIGITAL MILLENIUM COPYRIGHT ACT (DMCA) NOTICE
Agency has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “Act”) and avails itself of the protections under the Act. Agency reserves the right to remove any Visual Content or Communications that allegedly infringes another person’s copyright. Agency will terminate, in appropriate circumstances, Users who are repeat infringers of another person’s copyright. Notices to Agency regarding any alleged copyright infringement should be directed to Agency via email at: dmcacomplian[email protected].
Filing a DMCA Notice to Remove Copyright-Protected Content
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
Your name, address, telephone number, and email address (if any);
A description of the copyrighted work that you claim has been infringed;
A description of where on the Website the material that you claim is infringing may be found, sufficient for Agency to locate the material (e.g., the URL);
A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright Agency, its agent, or the law and is not a fair use;
A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
Your electronic or physical signature.
Filing a DMCA Counter-Notice to Restore Content Removed from the Website
If you believe that your material has been removed by mistake or misidentification, please provide Agency with a written counter-notification containing the following information:
Your name, address, telephone number, and email address (if any);
A description of the material that was removed and the location on the Website (e.g., the URL) where it previously appeared;
A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled because of mistake or misidentification;
A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which Agency may be found, and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person; and
Your electronic or physical signature.
23. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
- We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Fusion Group USA, Inc, Fusion Group USA, Fusion Group, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. The materials on Agencies web site are provided “as is”. Agency makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, or non-infringement of intellectual property or other violation of rights. Further, Agency does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
- You agree to indemnify, defend and hold harmless Fusion Group USA, Inc, Fusion Group USA, Fusion Group, Inc.(Agency/Agencies) and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of this agreement or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
- In the event that any provision of this agreement is determined to be unlawful by a court of law in competent jurisdiction, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.
- These Terms and Condition of Service are effective unless and until terminated by either you or us. You may terminate this agreement at any time by notifying us that you no longer wish to use our Services by a 14-day written notice sent to us. If, by our judgment you fail, or we suspect you have failed, to comply with any or all terms set herein we may terminate this agreement at any time with or without advance notice. In the case of the Agency terminates this agreement due to your breech, you will remain responsible for all amounts owed, included if termination is within the 14-day cancellation window. We may deny, at the Agencies sole discretion, you access to our service or any part thereof.
27. ENTIRE AGREEMENT
- The failure of us to exercise or enforce any right or provision of these Terms of shall not constitute a waiver of such right or provision and all remaining enforceable remedies shall remain intact as originally intended. These Terms and Conditions of Service and any policies posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or agreements, communications and proposals, whether oral or written, between you and us; including, but not limited to, any prior versions of this document. Any uncertainties in the interpretation of these Terms of Service shall not be inferred against the drafting party.
28. GOVERNING LAW
- These Terms and Conditions of Service and any separate agreements provided to you by us shall be governed by and construed in accordance with the laws of the State of Colorado unless otherwise explicitly stated.
29. ACCEPTANCE OF INFORMATION
- You hereby agree that you have reviewed our knowledge base, understand and accept our process and our scope of service.
REVISED: May 05, 2018