Wearegenerous.Agency terms of service
This terms of use agreement (the "Agreement") constitutes a legally binding agreement by and between the generous agency, LLC, a limited liability company organized under the laws of the state of Texas ("the generous agency, LLC ”) and the client, whether personally or on behalf of an entity ("client"), with regard to access and use of the generous agency, LLC's website: www.Wearegenerous.agency (the "Website") and any other media form, channel, mobile website or mobile application related, linked or otherwise connected thereto. Failure to agree and adhere to all of the terms, conditions and obligations contained herein results in the express prohibition of the client's use of the website, and the client is ordered to discontinue use immediately. Thereafter the relationship between the client and the generous agency, LLC shall cease and be of no further force and effect between the parties, except that any obligation of the client to pay the generous agency, LLC for services rendered shall remain and continue to be an ongoing obligation owed by the client to the generous agency, LLC.
These terms do not apply to your access to and use of the products and services which we market for subscription/purchase on our websites (our "services" and "shop") which are governed by the applicable agreement between you and we are generous relating to your access to and use of such services ("service agreement"). Should there be any conflict between these terms and the service agreement, the service agreement shall prevail.
1. Changes to terms.
These terms, or any part thereof, may be modified by us, including the addition or removal of terms at any time. Such modifications, additions, or deletions will be effective immediately upon posting. Your use of the websites after such posting shall be deemed to constitute acceptance by you of such modifications, additions, or deletions.
3. Registration.
You may be given the opportunity to register via an online registration form or by participating in interactive areas, such as feedback forms, forums, and other community features, to create a user account ("your account") that may allow you to provide feedback to users of our services ("users"), receive information from us or users and/or participate in certain features on the websites. We will use the information you provide in accordance with the privacy policy. By registering, you represent and warrant that all information you provide on the registration form is current, complete, and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information on the websites so that it remains current, complete, and accurate. You are responsible for obtaining and maintaining all connectivity, computer software, hardware, and other equipment needed to access and use the websites and all charges related to the same.
4. User content guidelines. The following terms apply to content submitted by you:
4.1 The websites may contain feedback forms comments sections, discussion forums, or other interactive features ("interactive areas") in which you may post or upload your feedback or other user-generated content, comments, video, photos, messages, other materials, or items (collectively, "user content"). You are solely responsible for using any interactive areas, and you use them at your own risk. Interactive areas are available for individuals aged 13 years or older. Therefore, by submitting user content to an interactive area, you represent that you are 13 years of age or older. However, suppose you are under the age of 18. In that case, you either are an emancipated minor or have obtained the legal consent of your parent or legal guardian to enter into these Terms, submit content, and participate on the websites.
4.2 By submitting any user content or participating in an interactive area within or in connection with the websites, you agree that you will not upload, post or otherwise transmit any user content that (a) violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others; (b) you know to be false, misleading or inaccurate; (c) contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity; (d) contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd; (e) violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them; (f) advocates violent behavior; (g) poses a reasonable threat to personal or public safety; (h) contains violent images of killing or physical abuse that appear to have been captured solely, or principally, for exploitative, prurient, or gratuitous purposes; (i) is protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any user content is not protected by copyright, trademark, trade secret, right of publicity, or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity, or other proprietary rights or any other harm resulting from such a submission. Any person determined by we are generous, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the websites; (j) does not generally pertain to the designated topic or theme of any interactive area; (k) contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; or (l) uses the name or likeness of an identifiable natural person without such person's consent.
4.3 You agree not to represent or suggest, directly or indirectly, we are generous's endorsement of user content.
4.4 You agree not to upload, post or otherwise transmit any user content, software, or other materials which contain a virus or other harmful or disruptive component.
4.5 You agree not to use any service, technology, or automated system to inflate the page views that your user content receives artificially. This includes pay-per-click services, web "robots" and other current or future technologies. You also agree not to direct any third party to use these services, technologies, or automated systems on your behalf.
4.6 You agree not to use any technology, service, or automated system to post more user content than an individual could upload. You also agree not to direct any third party to use these services, technologies, or automated systems on your behalf.
4.7 Any conduct that we, in our sole discretion, believe restricts or inhibits anyone else from using or enjoying the websites will not be permitted. In addition, we reserve the right in our sole discretion to remove or edit user content submitted by you.
4.8 We are not responsible for the accuracy or credibility of any user content. We do not take any responsibility or assume any liability for any actions you may take as a result of reading user content posted on the websites. Through your use of interactive areas, you may be exposed to content that you may find offensive, objectionable, harmful, inaccurate, or deceptive. There may also be risks of dealing with underage persons, people acting under false pretenses, international trade issues, and foreign nationals. By using interactive areas, you assume all associated risks.
4.9 We have the right, but not the obligation, to monitor user content posted or uploaded to the websites to determine compliance with these terms and any operating rules established by us and to satisfy any law, regulation, or authorized government request. Although we have no obligation to monitor, screen, edit, or remove any of the user content posted or uploaded to the websites, we reserve the right and have absolute discretion, to screen, edit, refuse to post, or remove without notice any user content posted or uploaded to the websites at any time and for any reason. You are solely responsible for creating backup copies of and replacing any user content posted to the websites at your sole cost and expense. The decision by we are generous to monitor and/or modify user content does not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on our part in connection with or to arise from your use of interactive areas on the websites.
4.10 By submitting user content to the websites, you automatically grant us a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sublicense (through multiple tiers) and otherwise exploit such user content (in whole or in part) in any form, media or technology now known or hereafter developed, without payment to you or any third parties. Additionally, to the fullest extent permitted under applicable law, you waive your moral rights in the user content and agree not to assert such rights against us. You represent and warrant to us that you have the full legal right, power, and authority to grant to us the license provided for herein, that you own or control the complete exhibition and other rights to the user content you submitted for the purposes contemplated in this license and that neither the user content nor the exercise of the rights granted herein shall violate these terms, or infringe upon any rights, including the right of privacy or right of publicity, or constitute a libel or slander against, or violate any common law or any other right of, or cause injury to, any person or entity. You further grant to us the right, but not the obligation, to pursue at law any person or entity that violates your or our rights in the user content by a breach of these terms.
5. User conduct guidelines
The following terms apply to your conduct when accessing or using the websites:
You agree not to interfere with or disrupt the websites or the servers or networks connected to the websites or disobey any requirements, procedures, policies, or regulations of networks connected to the websites.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the websites, use of the websites, or access to the websites.
You agree not to engage in any activity that would constitute a criminal offense or give rise to civil liability.
You agree not to impersonate any person or entity, including, but not limited to, we are generous employee, affiliate, agent, or contractor, or falsely state or otherwise misrepresent your affiliation with any person or entity.
You agree not to interfere with any other user's right to privacy, including by harvesting or collecting personally-identifiable information about users of the websites or posting private information about a third party.
6. Intellectual property rights
All text, graphics, photographs, trademarks, logos, icons, user interfaces, sounds, music, videos, artwork, software, and computer code (collectively, "Content"), including but not limited to the "look and feel," layout, design, structure, color scheme, selection, combination and arrangement of the content present on the websites is owned by or licensed to us. Such content is protected by copyright, trademark, trade dress, and other intellectual property and unfair competition laws.
Except with our express written permission or as permitted by applicable laws, you may not copy, distribute, reproduce, mirror, frame, publicly display, publicly perform, translate, create derivative works of, republish or transmit the websites or content (in whole or in part) in any way or through any medium for distribution, publication or any commercial purpose.
You may display, copy and download content from the websites solely for your personal and non-commercial use provided that:
You do not remove any copyright or proprietary notices from the content.
Such content will not be copied or posted on any networked computer or published in any medium.
No modifications are made to such content.
7. Disclaimer of warranty; limitation of liability
(A) you expressly agree that using the websites is at your sole risk. We are generous; its other affiliates nor any of their respective employees, agents, third-party content providers, third-party service providers, or licensors do not warrant that use of the websites will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the websites, nor as to the accuracy, reliability or content of any information, service, or merchandise provided through the websites.
(B) the websites are provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these terms.
(C) to the fullest extent permissible by applicable law, in no event shall we are generous, or its future parent or affiliated companies, be liable to you for any personal injury, property damage, lost profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer and/or device or technology failure or malfunction or for any form of direct or indirect, special, incidental, consequential, exemplary or punitive damages based on any causes of action arising out of use of the websites or any alleged failure of performance, error, omission, interruption, deletion, defect, or delay in service, operation, or transmission of the websites, or any alleged computer virus, communication line failure, theft or destruction of property, and/or unauthorized access to, alteration of, or use of or posting of any record, content, or technology, pertaining to or on the websites. You agree that this limitation of liability applies whether such allegations are for breach of contract, tortious behavior, negligence, or fall under any other cause of action, regardless of the basis upon which liability is claimed and even if we are generous or future parent or affiliated companies have been advised of the possibility of such loss or damage. Without limiting the generality of the foregoing, you also specifically acknowledge that we are generous or future parent or affiliated companies are not liable for any actual or alleged defamatory, offensive, or illegal conduct of other users of the websites or any other third parties.
Suppose applicable law does not allow all or any part of the above limitation of liability to apply to you. In that case, the limitations will apply to you only to the extent permitted by applicable law.
(D) we disclaim any and all liability for unauthorized access to or use of your personally identifiable information. You acknowledge and agree to our disclaimer of any such liability by accessing the websites. If you disagree, you should not access or use the websites.
8. Indemnification
You agree to defend, indemnify and hold harmless we are generous, its affiliates and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of the websites by you. We are generous reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide we are generous with such cooperation as is reasonably requested by we are generous.
9. Governing law
Any and all disputes, claims, and controversies arising out of or in connection with your access to, and/or use of the websites and/or the provision of content, services, and/or technology on or through the websites shall be governed by and construed exclusively in accordance with the laws and decisions of the state of Texas applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions. You hereby irrevocably and unconditionally consent to and submit to the exclusive jurisdiction in the state or federal courts located in Texas for any. All disputes, claims, and controversies arising out of or relating to these terms (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in the texas courts and agree not to plead or claim in any texas court that such litigation brought therein has been brought in any inconvenient forum. You waive their right to a jury trial.
Please report any violations of these terms to https://www.Wearegenerous.Agency/contact
10. Miscellaneous
These terms and any operating rules for the websites established by us constitute the parties' entire agreement with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these terms are for the benefit of we are generous, its affiliates, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Suppose a court of competent jurisdiction finds any part of these terms to be invalid or unenforceable. In that case, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these terms will remain binding upon the parties. The section headings used herein are for convenience only and shall not be given any legal import.
12. Showcasing design work
The generous agency, LLC, reserves to right to share design work on digital channels, including social media, website, etc. Unless otherwise agreed upon. The client reserves the right to issue an NDA between themselves and the generous agency, LLC, which in turn would void the right of the generous agency, LLC, to share or discuss the client's work publicly.
13. Purchase and subscriptions
We provide products in the form of physical goods, consulting services, and downloadable digital products. We also provide access and subscriptions to fractional creative consulting and future courses and materials. Collectively, we refer to our products, services, courses, documents, and subscriptions as "services." All purchasers of any of our products agree to the following conditions for any paid transaction with us (hereinafter, "payment terms"). You warrant and represent that you are authorized to use any payment method you provide to us (such as PayPal accounts or credit cards). You agree to indemnify us against losses we may sustain as a result of any breach of this warranty. We use third-party vendors to process payments for our products. These vendors are currently Paypal. Visit https://paypal.Com to view the vendors' specific privacy policies and terms and conditions. Our privacy policy applies only to data over which we have control. Our products that are sold and distributed in a digital format are non-refundable, including any subscriptions for a series of engagements or memberships in any discussion groups or other online communities. Our products that are physical goods ("physical products") are not refundable, but we will consider refunds on a case-by-case basis if damage to a product has occurred. You are responsible for the costs of any shipping for any returns. Within 30 days following receipt of any returned physical product, we will issue a refund of the purchase price via the same payment method used to purchase the physical product. All shipping costs are not refundable and remain your responsibility. We reserve the right to change the costs of our products at any time. Please check our website for the latest pricing.
14. Client Responsibility
For all services requiring design, like fractional creative director, website design, etc., the client shall be responsible for the following:
• Product or brand photography for commercial use is clear and free of copyright issues.
• Supplying enough project details to reasonably do the requested service in an appropriate amount of time.
• The client is responsible for proofreading and examining all work produced during the project. Therefore, the client is ultimately responsible for typographical, spelling, grammatical, copy, photographic, illustrative, layout, or other errors discovered after printing or reproduction. 15. Additional assumptions
The parties acknowledge and agree that the project fees, the delivery schedule, and scope are expressly conditioned upon the following assumptions:
• Client will provide a single point of contact for all feedback and sign-off.
• Client will be responsible for checking in with the project team on a regularly scheduled basis.
• Client "project contact" will be available for questions, via email and/or telephone, throughout the engagement as needed.
• All feedback and sign-off will be delivered via email or the project management system within 48-72 hours of the deliverable. After 72 hours, the director will notify the client contact of the deadline and extend a grace period of 24 hours. If project feedback is not received in that time frame, the generous agency will assume that the project is still on track for completion. It will be the client's responsibility to communicate changes and keep the project moving forward
• The generous agency producer will be cc'd on all communications with the team (except for internal communications between members of the client team)
• All deliverables shall be considered "as-is," with no revisions. However, suppose any deliverables are discovered to be faulty (for example, corrupted files) or incomplete (for example, missing images). In that case, the generous agency shall correct such problems within 72 hours of notification by the client. The client will provide such notification to the company no later than 72 hours from receipt of all deliverables.
• Client shall be responsible for all site content, with the exception of stock photography
• Client will deliver any assets required (i.etc. Partner logos)
• Client will provide the the generous agency with a technical contact to address all technical questions
• Company shall only be obligated to perform the services Monday through friday between the hours of 8 am. And 6 pm., Exclusive of holidays unless the parties mutually agree otherwise in writing.
• Company will not provide any rights clearance for all content and third-party creative assets, including but not limited to fonts, photographic support, and illustrations, used in the project. The client will provide all rights clearance.
16. Cancellation
In the event the client cancels this agreement before the completion of the project, within five business days of such cancellation, the client will pay the generous agency, LLC, the monthly project fee.
17. Modification
The generous agency, LLC reserves the right to change, alter, modify, amend or remove anything or any content on the website for any reason at its sole discretion. The generous agency, LLC reserves the right to modify or discontinue all or part of the website without notice and without liability to the client.
18. Returns and refunds
The generous agency, LLC, reserves the right to deny refunds based on its own self-discretion and without notice or liability to the client. Refund requests are assessed on a case-by-case basis. Should the client request a refund during the first month of use, all materials produced by the generous agency, LLC, are owned by the company and prohibited from being used by the client in any way. The generous agency, LLC, reserves the right to take appropriate legal actions against the client for breach of this paragraph.
19. Client feedback
Client acknowledges and agrees that any questions, comments, suggestions, or other feedback or submission (each a "Submission") shall be the sole property of the generous agency, LLC, and the generous agency, LLC is under no obligation to keep a submission confidential or take steps necessary to ensure the confidentiality of a submission. The generous agency, LLC shall be the sole and exclusive owner of all rights related to the submission except to the extent that rights are granted to the client under paragraph 2 ("ownership of materials"), and shall at its sole and unrestricted discretion use and disseminate a submission for any lawful purpose without permission, acknowledgment or compensation of or to the client. Client agrees that it has the right to articulate and put forth the submission, and the client hereby waives all claims and recourse against the generous agency, LLC for its use of the submission in accordance with the terms hereof and its sole discretion hereafter.
20. Third-party fonts
Suppose any project incorporates fonts that are not owned by the generous agency, LLC and require a commercial license for the client to legally reproduce, distribute, or publicly display the project ("third-party font(s)"), the generous agency. In that case, LLC will inform the client in writing that one or more third-party fonts have been incorporated into the project. That client will need to purchase one or more licenses for the third-party fonts from the rights-holder(s) of said third party fonts to reproduce, distribute, or publicly display the project legally. Said notice will include information sufficient for the client to identify which licenses are required and who to contact to purchase said licenses. As long as the generous agency, LLC has informed the client of the incorporation of third-party fonts as described above; the client assumes all responsibility for any consequences as a result of a failure by the client to purchase one or more licenses for any third-party fonts incorporated into a project.
21. Ownership of materials
Notwithstanding the generous agency, llc's ownership of submissions, as described in paragraph 4 ("client feedback"), all design and original source files created on client's behalf ("projects") belong to client, and client shall be the sole owner of the copyright for all projects. In the event that any operation of law would cause the generous agency, llc to become the owner of a project, in whole or in part, rather than client, the generous agency, llc irrevocably and perpetually assigns its entire interest in the project to client, without limitation. Client warrants that any and all materials provided to the generous agency, llc as examples or as material to be incorporated into a project during the design process are owned by client and do not infringe on or misappropriate any third party's rights, including, but not limited to, all intellectual property rights and any right of publicity. The generous agency, llc always reserves the right to share the client's design work publicy (social media, website, etc.) Unless agreed upon as stated in section 18 of this document.
22. User data
Client is solely responsible for all data transmitted to or that relates to any activity client has undertaken using the website. Designjoy shall have no liability to the client for any loss or corruption of any such data and the client hereby waives any right of action against the generous agency, llc from any such loss or corruption.
23. Electronic communications, transactions and signatures
Client hereby consents to receive electronic communications from the generous agency and client agrees that all agreements, notices, disclosures and other communications sent via email or through the website satisfy any legal requirement that such communication be in writing. Client hereby agrees to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies and records of transactions initiated or completed by designjoy or through the website. Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.
24. Limitations of liability and indemnification
Designjoy and its directors, employees, members, independent contractors or agents shall not be liable to the client or any third party for any direct, indirect, consequential, incidental, special or punitive damages, including lost profit, lost revenue, lost data, attorneys' fees, court costs, fines, forfeitures or other damages or losses arising from client's use of the website.Client agrees to defend, indemnify and hold harmless, designjoy and its subsidiaries, affiliates and all respective officers, members, agents, partners, employees and independent contractors from and against any loss, damage, liability, claim or demand including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) use of the website; (2) breach of these terms of use; (3) any breach of client's representations and warranties set forth herein; (4) client's violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, designjoy reserves the right, at the client's expense, to assume control and defense of any matter for which the client shall be required to indemnify designjoyhereunder. Client agrees to cooperate with the defense of such claims.
25. Sub-contracting
We reserve the right to subcontract any services that we have agreed to perform for you as we see fit. We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
26. Additional expenses
The client agrees to reimburse the generous agency, llc for any requested expenses which do not form part of our project agreement including but not limited to the purchase of templates, third party software, premium stock photographs, fonts, domain name registration, web hosting or comparable expenses, trademark registration, attorney's fees, photography, copy writing and presentations to third parties on the client's behalf are not included.
27. Backups
The client will be responsible for maintaining their own backups with respect to the website and any client data or except to the extent that such data loss arises out of a negligent act or omission by the generous agency, llc.
28. Miscellaneous
These terms and any operating rules for the websites established by us constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these terms are for the benefit of we are generous, its affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these terms is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these terms will remain binding upon the parties. The section headings used herein are for convenience only and shall not be given any legal import.