AGREEING TO TERMS
By signing up as a client of Contentfuel or using the Contentfuel.co website, you agree to be
legally
bound by these conditions. Please read these terms and conditions carefully. Contentfuel may
change
these terms at anytime by updating this page. You should visit this page periodically to
review
these conditions, as they are binding to you. If you do not agree with ALL of these
terms,
then you are expressly prohibited from using the site and must discontinue use
immediately.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source
code, databases,
functionality, software, website designs, audio, video, text, photographs, and graphics
on
the Site (collectively, the “Content”) and the trademarks, service marks, and logos
contained
therein (the “marks”) are owned or controlled by us or licensed to us, and are protected
by
copyright and trademark laws and various other intellectual property rights and unfair
competition
laws of the United States, foreign jurisdictions, and international conventions. No
materials
may be copied, distributed, republished, downloaded, reproduced, shared, posted, or
transmitted
in any method unless fully authorized by an authorized Contentfuel representative.
Contentfuel may grant permission to your organization to use materials on this Site at
it’s discretion.
Materials given permission to use may not be modified in any way, be used for commercial
purposes,
be decompiled or reversed engineered, remove copyright/proprietary notations, or
transferred
to another person to “mirror” or “duplicate” on any other server.
USER REPRESENTATION
By using the Site, you represent and warrant that:
- All registration information you submit will be true, accurate, current, and
complete.
- You will maintain accuracy of such information and promptly update such
registration information
as necessary.
- You have the legal capacity and you agree to comply with these Terms of Use.
- You are not a minor in the jurisdiction in which you reside.
- You will not access the Site through automated or non-human means, whether through
a bot,
script, or otherwise.
- You will not use the Site for any illegal or unauthorized purposes.
- Your use of the Site will not violate any applicable laws or regulations.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we
have the right to suspend or terminate
your account and refuse any and all current or future use of the Site (or any portion
thereof).
USER REGISTRATION
You may be required to register with the Site. You agree to keep your password
confidential
and will be responsible for all use of your account and password. We reserve the right to
remove,
reclaim, or change a username you select if we determine, in our sole discretion, that
such
username is inappropriate, obscene, or otherwise objectionable.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE
OF THE SITE
AND OUR SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE
DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF,
INCLUDING,
WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE,
AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS
OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL
ASSUME
NO LIABILITY OR RESPONSIBILITY FOR ANY:
- ERRORS, MISTAKES, OR INACCURACIES OF CONTENT MATERIALS
- PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS
TO AND USE OF THE SITE.
- ANY UNAUTHORIZED ACCESS OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION
AND/OR FINANCIAL INFORMATION STORED THEREIN.
- ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE.
- ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE
SITE BY ANY THIRD PARTY.
- ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF
ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE
VIA THE SITE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION
FEATURED
IN ANY BANNER OR OTHER ADVERTISING.
LIMITATIONS
IN NO EVENT WILL Contentfuel, ANY OF OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO
YOU OR ANY
THIRD PARTY FOR ANNY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR
PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM
YOUR
USE OF THE SITE. EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER
AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $50.
DISPUTE RESOLUTION
Any legal action or whatever nature brought by either you or us (collectively, the
“Parties”
and individually, a “Party”) shall be commenced or prosecuted in the state and federal
courts
located in United States, Camden County, NJ, and the Parties hereby consent to, and waive
all
defenses of lack of personal jurisdiction and forum non conveniens with respect to venue
and
jurisdiction in such state and federal courts. Application of the United Nations
Convention
on Contracts for the International Sale of Goods and the Uniform Computer Information
Transaction
Act (UCITA) are excluded from these Terms of Use. In no event shall any claim, action, or
proceeding
brought by either Party related in any way to the Site be commenced more than 6 months
after
the cause of action arose.
CORRECTIONS
There may be information on the Site that contains typographical errors,
inaccuracies, or
omissions, including descriptions, pricing, availability, and various other information.
We
reserve the right to correct any errors, inaccuracies, or omissions and to change or
update
the information on the Site at anytime, without prior notice.
YOUR UPLOADED CONTENT
Any text, documents, PDF, images, videos, files you upload to our server or
submitted through
email are considered “Your Content”. All materials an content submitted to us when
creating
your design request or projects remain your property. You are held 100% liable for all
content
submitted and their use in completed design. We do not provide any copyrights,
trademarks,
or licenses research when using your content. What you provide, shall we use as-is and
you
are held liable for the published work Contentfuel submits back to you.
Responsibility for Your Content: You understand that you are solely responsible
for Your
Content. You represent that you have all necessary rights to Your Content and that you’re
not
infringing or violating any third party’s rights by posting it.
Permission to Use Your Content: By posting Your Content through our Dashboard or
submitting
them via Email, you grant Contentfuel a license to use it. Contentfuel will never claim ownership of
your
content, however we reserve the right to use published or unpublished work on our website
and
in advertising materials. You will still own exclusive rights to your content and any
licenses
you own remain yours. You simply grant us permission to use.
Rights You Grant Contentfuel: By posting Your Content, you grant Contentfuel a non-exclusive,
worldwide,
royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit,
modify,
reproduce, distribute, store, and prepare derivative works of Your Content to provide the
Services
and to promote Contentfuel.
Reporting Unauthorized Content: If content that you own or have rights to has been
posted
to the Services without your permission and you want it removed, contact us via email. If
Your
Content infringes another person’s intellectual property, we will remove it if we receive
proper
notice.
Inappropriate, False or Misleading Content: You agree that you will not post any
content
that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in
violation
of any part of our Terms. You also agree not to post any content that is false and
misleading
or uses the Services in a manner that is fraudulent or deceptive.
FEES AND REFUNDS
You agree to pay the monthly fees specified during registration in full each month
prior to
any services being rendered by Contentfuel under this Agreement. You further agree to authorize
Contentfuel
to automatically charge your method method for the fee on each anniversary of your
registration
date, based upon your billing frequency (e.g. monthly, quarterly, annually). Your account
and
access to services and files may be suspended in the event of non-payment of applicable
fees.
You represent and warrant to Contentfuel that such billing information is accurate, up to date,
and
that you're authorized to make the payment.
You may cancel our services anytime either by contacting support@Contentfuel.co or by
speaking to
a representative. After cancellation, we will keep your logins and account active so you
can
access all previously submitted files until the end of your current billing period. Contentfuel
reserves
the right to change our pricing and offerings at any time without prior notice.
You qualify for a full refund within 15 days for any reason.
OWNERSHIP, COPYRIGHT, TRADEMARK, AND PROVIDED FILES
All design and original source files created while you are enrolled with us are
yours to keep
and own. You must provide our designers with sufficient content and instructions to
complete
the work. All files submitted to Contentfuel must be owned by you and not be stolen from
another
entity. You are 100% responsible for all materials submitted to us to create designs for
you.
Even in completed design that we submit to you, we are not liable for any infringement on
intellectual
property rights.
You agree to indemnify, defend, and hold harmless Contentfuel and its affiliates,
officers, members,
managers, agents, successors and assigns (the “Indemnified Parties”) from and against all
claims,
demands, liabilities, damages, and costs including, without limitation, its reasonable
attorneys’
fees, arising out of or relating to (i) your breach of any of the terms of this
Agreement,
(ii) your use of the services provided pursuant to the Site, and (iii) infringement of
third
party’s intellectual property rights or other proprietary rights.
RELEASING COMPLETED WORK
We hold ourselves to a high standard of delivery and would never intentionally
submit final
files with errors to you. However in a rare event that you do receive a file with errors,
please
notify us promptly and we will do our best to quickly make the revisions and re-submit to
you.
Contentfuel is not liable for any loss of business or loss of revenue incurred from errors in
our
design files. Please make sure you check the design before ordering print or finalizing
for
marketing.
CONFIDENTIALITY
All communication between you and any Contentfuel representative are held confidential.
We will
not disclose your private information or project information with unauthorized users.
DELIVERY OUTPUT
You may submit as many design requests as you humanly can and all requests will be
stored
on our management software and prioritized accordingly. Our team will work on one design
at
a time for you including revisions. In order for us to move onto the next project, your
current
project must be fully completed and approved before we can move onto the next project.
You
can also Pause or Cancel a project if you no longer wish for that project to be
completed.
Pausing or Canceling a project will instantly stop its production and allow our team to
move
onto the next project in line.
SITE MANAGEMENT
We reserve the right, but not the obligation to:
- Monitor the Site for violations of these Terms of Use
- Take appropriate legal action against anyone who, in our sole discretion, violates
the law
of these Terms of Use, including without limitation, reporting such user to law
enforcement
authorities.
- In our sole discretion and without limitation, refuse, restrict access to, limited
the availability
of, or disable (to the extent technologically feasible) any of your contributions or
any
portion thereof.
- In our sole discretion and without limitation, notice, or liability, to remove from
the Site
or otherwise disable all files and content that are excessive in size or are in any
way
burdensome to our systems.
- Otherwise manage the Site in a manner designed to protect our rights and property
and to
facilitate the proper functioning of the Site.
3RD PARTY WEBSITES AND CONTENT
Contentfuel has not reviewed or approved all sites linked to its Internet web site.
Contentfuel is not
responsible for any contents of any such linked websites. 3rd Party Links does not imply
endorsement
by Contentfuel. Please use your best judgement and discretion when using such links.