Terms of Service
Last Modified: June 03, 2018
Welcome to Literal Label, Inc. These terms and conditions (“Terms”) govern and apply to anyone accessing or using the websites located at www.literallabel.com, our blog(s), and any other website(s) owned and/or operated by Literal Label, Inc. (including any of its subsidiaries or corporate affiliates, collectively, “Literal Label" "we," "us" or "our") and any of their associated web pages (collectively, our “Services”).
Please take some time to review these Terms for our Services. By accessing or using the Services, including purchasing any products through the Services, you represent, warrant, understand and agree: (1) to accept, comply with, and be bound by these Terms; (2) that you have the right, authority, and capacity to abide by these Terms; (3) to comply with all applicable laws, rules and regulations concerning your access to and use of the Services; and (4) you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or another applicable jurisdiction. Certain services may be subject to additional terms, guidelines or rules, which will be available in conjunction with those relevant services, and those additional terms will become part of these Terms when you use those services.
Literal Label reserves the right to update, change, modify or otherwise alter these Terms at any time. If any material changes are made to these Terms, Literal Label will notify you by posting the revised Terms on the Services or notifying you through the Services. ANY ACCESS OR USE OF THE SERVICES BY YOU AFTER THE CHANGES GO INTO EFFECT SHALL CONSTITUTE AND BE DEEMED YOUR AGREEMENT TO THESE TERMS. If you do not want to be bound by these Terms, do not use or access any part of the Services.
Literal Label may terminate the Services or any portion thereof, any website or webpage within the Services or any products or services offered through the Services, or terminate your right to access or use the Services or any portion thereof without notice and at any time for any reason. In the event of such termination, you are no longer authorized to access the Services, and the restrictions imposed on you with respect to the Content (as defined herein), and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms, shall each survive such termination.
All invoices are due upon receipt and subject to an additional 10% late payment fee— after 5 days— if left unpaid.
You can cancel your Subscription at any time. Please note that if you choose to cancel your Subscription, you must give 30 days notice and cancel before it renews for a subsequent month in order to avoid being charged for the next month’s Subscription Fee. If you cancel your Subscription, the cancellation will become effective at the end of the next-current monthly Subscription period.
NO REFUNDS AND FEES
REFUNDS WILL NOT BE PROVIDED FOR ANY SUBSCRIPTION OR PROJECT. LITERAL LABEL, INC. GUARANTEES THE QUALITY OF OUR WORK, BUT NOT THE OUTCOMES. WE DO NOT PROVIDE CREDIT, REFUNDS, OR PRORATED BILLING FOR SUBSCRIPTIONS THAT ARE CANCELLED MID-MONTH, OR PROJECTS THAT ARE ABANDONED FOR ANY ISSUE OR REASON, INCLUDING “CHANGE OF MIND” OR A CUSTOMER’S LACK OF AVAILABILITY. In such circumstances, you will continue to have access to your Subscription until the end of the monthly billing cycle. While all Projects are non-cancelable, they may be postponed, delayed, and rescheduled without penalty and without time limit. Payments for all Subscriptions and Projects are due as specified, regardless of other issues.
You agree to pay the fees, in such amount and for such billing frequency as specified during registration, in full prior to any obligation of Literal Label to perform under this Agreement. You further agree that, upon registering for the services through the Site, or upon paying your first subscription plan invoice, you authorize Literal Label to charge your method of payment (e.g. credit card) for the fee on each anniversary of your registration date, based upon your billing frequency (e.g. monthly, quarterly, annually). Payment of the fees shall be in such amounts and at such times as set forth by Literal Label through information provided to you and as authorized through the sign-up and registration process. Your account and access to the services provided via the Site may be suspended in the event of non-payment of applicable fees. You represent and warrant to Literal Label that such payment information is accurate and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.
Promotions, upgrades, and adjustments to existing plans are non-refundable.
You, the client are responsible to use Literal Label after payment.
ACCESS TO AND USE OF THE SERVICES
Unless authorized in writing by Literal Label, you may use the Services solely for your personal and non-commercial use. You agree to only access or use the Services solely for legal purposes as allowed by these Terms. (International users should note that they must agree to comply with all applicable local laws regarding privacy, online conduct and acceptable use and content.) Amongst other things, you agree not to: modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame, use, transfer or sell any information, software, products, services or Content (as defined below) provided through or obtained from the Services, including without limitation, engage in the practice of "screen scraping," or any other similar activity; hack into the Services or any of its websites, or modify another website so as to falsely imply that it is associated or affiliated with the Services; damage, disable, overburden, transmit any worms or viruses or any code of a destructive nature, or interfere with any other party's use and enjoyment of the Services; violate any applicable laws, rules or regulations in your jurisdiction (including but not limited to trademark and copyright laws); or access or attempt to access any password-protected, secure or non-public areas of the Services without the express permission of Literal Label.
For any portion of the Services that requires a user name and/or password, you are responsible for all use of your account (under any user name or password) and for ensuring that all use of your account complies fully with the provisions of these Terms. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any.
You can link your account to various webmail, social networking, and other online accounts. You may only link your own accounts. We will access and retrieve your account information from these sites on your behalf (in some cases, by using your username and password) to make certain information or services available to you through the Services. By linking your other accounts, you expressly authorize us to access your account information from those third party accounts, on your behalf as your agent and permit us to access, use and, in some cases, store your account information to accomplish the foregoing.
The website and all Content (as defined below), features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) that appears as part of or on the Services are the property of Literal Label and/or a third party (which may be indicated by a link to or from an external source, or otherwise). Content is provided through the Services “AS IS”, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall Literal Label be liable for any Content or for any loss or damage of any kind incurred as a result of your use of any Content made available via the Services.
The Services as a whole and all Content thereon is protected by copyright, trade dress, and trademark laws of the United States, as well as international treaties, conventions and the laws of other countries, as applicable. Except as may be expressly permitted by Literal Label, you may not use, reproduce, copy, modify, publish, transmit, distribute, perform, display, download, license, enter into a database, create derivate works from, reverse engineer, frame, transfer, or sell any Content obtained from, through or on this Services, in whole or in part. Any use of the Content, except as specifically provided in these Terms, is strictly prohibited.
All information, text, graphics, images, photographs, logos, illustrations, descriptions, data, designs, icons, video clips, audio clips, sounds, files, trademarks, copyrighted material, trade dress, interfaces, software, specifications, catalogs, literature, advertisements, titles, names, User Generated Content (as defined below) and any other materials provided on the Services are owned by Literal Label, and/or third parties, and are collectively referred to as "Content." The Content may contain omissions, errors, or may be out of date. Literal Label reserves the right, in its sole discretion, to change, delete, update, modify or otherwise alter the Content at any time without providing notice to you. The Content is provided for informational purposes only and is not binding on Literal Label in any way except to the extent that it is specifically indicated to be so.
We do not control, approve, sponsor or endorse any third-party Content, products or services and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of any third-party Content, products or services. Any third-party Content, products or services posted on, transmitted through, or linked to from the Services are the sole responsibility of the third-party originator of such Content. Links to any third-party Content are provided for your convenience only. If you choose to access any third-party Content, you do so at your own risk. YOU ACKNOWLEDGE AND AGREE THAT LITERAL LABEL IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ACCESSING A THIRD-PARTY WEBSITE, OR ANY DEALINGS WITH ANY THIRD-PARTY WEBSITE, OPERATOR THEREOF, OR ANY THIRD-PARTY CONTENT, PRODUCTS OR SERVICES.
Any concerns regarding Content and/or availability of hyperlinks of a third party on the Services, which are not controlled by LiteralLabel, should be directed to the third party that controls such Content or hyperlink. If you believe we have provided a hyperlink to a third-party website that contains infringing or illegal Content, products or services, we ask that you notify us at the address noted below so that we may evaluate whether, in our sole discretion, to disable it from the Services.
CONTENT YOU PROVIDE (USER-GENERATED CONTENT)
By Submitting User Generated Content to the Services, you grant, and you represent and warrant that you have the right to grant, to Literal Label, its affiliates, agents and licensees, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, publish, distribute, sublicense, and otherwise disclose, prepare derivative works of, or incorporate into other works, the User Generated Content, for any purpose without restriction and without providing any attribution or compensation to you. Such User Generated Content will not be treated as confidential information. In addition, by posting or allowing Literal Label or a third party to post User Generated Content to any public area of the Services, you grant Literal Label all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the User Generated Content by any party for any purpose.
You agree that you shall not use the Services to Submit any User Generated Content that (i) is not related to appropriate subject matters, (ii) is misleading to others, (iii) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, pornographic, indecent, invasive of another's privacy, hateful, offensive, or racially, ethnically or otherwise objectionable, (iv) you do not have a right to Submit under any contractual relationships, (v) is infringing of any patent, trademark, trade secret, copyright or other proprietary rights of any third party, (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Services, including but not limited to a virus, trojan horse, worm, or time bomb, or (vii) intentionally or unintentionally violates any applicable local, state, national or international law, or any rules or regulations having the force of law.
In the event that you do not wish for Literal Label to use your User Generated Content, please do not Submit such User Generated Content to the Services. Please note that any User Generated Content does not represent the advice, views, opinions or beliefs of Literal Label, and Literal Label makes no claim of accuracy of any such User Generated Content. You understand and agree that you are solely responsible for any User Generated Content that you Submit and you may be held legally liable for such User Generated Content. Literal Label reserves the right to remove any User Generated Content from the Services at any time and for any reason.
LIMITED LICENSE; PERSONAL, BUSINESS, AND NON-COMMERCIAL USE LIMITATION OF THE CONTENT AND SERVICES
You are hereby granted a non-exclusive, limited and revocable license to view the Content on the Services, but only while accessing the Services. You agree that you are only authorized to visit, view and retain a copy of any websites or webpages of the Services for informational, non-commercial and your own personal use. Additionally, you understand and agree that you are strictly prohibited from duplicating, downloading, publishing, republishing, adapting, modifying, displaying, transmitting, or otherwise distributing the Content and/or the Services for any commercial use (whether for profit or not), or for any other purpose other than as may be expressly permitted in these Terms.
You also agree not to deep-link to the Services or any website or webpage thereof for any purpose, unless specifically authorized by Literal Label. Use of any of Literal Label’s trademarks as metatags on other networks is also strictly prohibited.
Literal Label may make available software or applications that you can download (to your computer or mobile device) to access and use the Services. As long as you comply with these Terms, you have the right to use the software to access and use the Services for your own personal use. This license is for the sole purpose of enabling you to use and enjoy the Services in the manner permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of the Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have Literal Label’s written permission.
UNAUTHORIZED USE OF THE WEBSITE
You shall not use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine, including but not limited to a "robot," "spider" or other similar process or functionality to interfere (or attempt to interfere) with, damage, disable or impose an unreasonable burden or load on, the operation of the Services, or transmit any worms or viruses or any code of a destructive nature on or to the Services.
You agree that you shall not use the Services for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose, to sell or offer to sell any goods or services, to conduct or forward surveys, contests, or chain letters, or for any purpose that is prohibited by these Terms. Illegal and/or unauthorized uses of the Services, including, but not limited to, unauthorized framing of or linking to the Services or unauthorized use of any robot, spider, or other automated device on the Services, will be investigated and will be subject to appropriate legal action, including, without limitation, civil, criminal, and injunctive redress.
LINKING TO THE SERVICES
If Literal Label authorizes you to deep-link your website or a service offered by your website to the Services, in addition to and notwithstanding anything to the contrary, you understand and agree that: (1) Literal Label has no obligation to continue to provide or make the service or the Services available; (2) all conditions, disclaimers and limitations on use set forth in these Terms remain in full force and effect; (3) all intellectual property rights relating to Literal Label and its technology and Content, including all ownership rights, remain the exclusive property of Literal Label; (4) you will be solely responsible for the data and content that you publish on your website; and (5) Literal Label may terminate your access to the Services at any time in its sole discretion.
Literal Label reserves the right, but not the obligation, to remove any linked source if it contains or features any unacceptable content, as determined in Literal Label’s sole discretion, and including, but not limited to, (i) offensive, harmful and/or abusive language, including, without limitation, expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language, and hate speech, (ii) references to illegal activity, malpractice, purposeful overcharging, or false advertising, (iii) personal attacks or describes physical confrontations and/or sexual harassment, (iv) language that violates the standards of good taste or the standards of this Services, (v) content that is illegal, or a violation of any federal, state, or local law or regulation, or the rights of any other person or entity, (vi) language that is intended to impersonate other users or is offensive or uses inappropriate user names, or (vii) content that is encrypted or that contains viruses, Trojan horses, worms, time bombs, bots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or the Services.
TERMS OF SALE; RISK OF LOSS
By placing an order with Literal Label, you are (i) offering to purchase a product, (ii) representing that you are of legal age to form a binding contract, and (iii) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. The receipt by you of an order confirmation does not constitute Literal Label’s acceptance of an order. We retain the right to refuse any request made by you.
Prior to Literal Label’s acceptance of an order, verification of information may be required. Literal Label reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation from Literal Label, for any reason whatsoever. Literal Label reserves the right to limit the number of items ordered and to refuse service to you without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, Literal Label shall have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if your account has has already been charged for the purchase and the order is cancelled, Literal Label shall credit your account in the amount of the incorrect price.
All features, specifications, products, prices of products and services, discounts, promotions and offers described on our Services are subject to change at any time, and we reserve the right to make changes to them without notice to you. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer. We have made every effort to display as accurately as possible the colors of our products that appear on the Web site; however, the actual color you will see will depend on many factors, including your computer, and we cannot guarantee that your computer will accurately display our colors. Products are available while supplies last. All prices and products advertised are subject to change. All prices displayed on the Services are quoted in U.S. dollars.
Please see our Customer Care webpage and all related webpages for other terms of sale, including information on shipping, delivery and tracking, the ordering and payment process, returns, refunds and exchanges, pricing, gift cards, product availability, no resale policy, and other helpful information. Literal Label reserves the right to restrict delivery to addresses within or outside of the United States. Shipping and handling fees and applicable sales/use tax will be added by Literal Label as necessary (please see our USA Shipping, International Shipping, and Ordering & Payment webpages and all related webpages for further information).
The risk of loss and title for product(s) purchased by you pass to you upon our delivery of the product(s) to the carrier.
If you see objectionable content or have any questions about these Terms, please contact Literal Label at the address noted below.
Although Literal Label cannot monitor the conduct of its users of this Services, it is a violation of these Terms to use any information obtained from our Services in order to harass, abuse or harm another person, or in order to contact, advertise, solicit or sell to any user without his/her prior explicit consent.
VIOLATION OF THESE TERMS
You agree that monetary damages may not provide a sufficient remedy to Literal Label for violations of these Terms, and you consent to injunctive or other equitable relief for such violations.
DISCLAIMER AND LIMITATION OF LIABILITY
A. Disclaimer. LITERAL LABEL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES OR INACCURACIES OF THE CONTENT, PRODUCTS, INFORMATION, SERVICES AND MATERIALS SET FORTH ON OR MADE AVAILABLE THROUGH THE SERVICES, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, PRODUCTS OR ANY THIRD PARTY WEBSITE(S) OR PRODUCTS, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES OR THIRD PARTY WEBSITE(S), (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES OR ANY THIRD PARTY WEBSITE(S) BY LITERAL LABEL OR ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN THE SERVICES OR ANY CONTENT, INFORMATION AND MATERIALS (INCLUDING BUT NOT LIMITED TO THIRD PARTY WEBSITE(S)) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE FOREGOING.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF AND RELIANCE UPON ANY AND ALL OF THE SERVICES, PRODUCTS, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK AND IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS. ALL PRODUCTS SOLD BY LITERAL LABEL ARE SUBJECT TO ANY APPLICABLE WARRANTIES AND REPRESENTATIONS OF THEIR RESPECTIVE MANUFACTURERS. ACCORDINGLY, LITERAL LABEL MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PRODUCT SOLD, EXCEPT AS MAY EXPRESSLY BE STATED HEREIN. LITERAL LABEL MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES, PRODUCTS, CONTENT, THE CONTENT OF ANY THIRD-PARTY WEBSITE LINKED TO OR FROM THIS SITE, COMMENTS, INFORMATION OR ANY OTHER ITEMS OR MATERIALS ON THIS SERVICES OR LINKED TO FROM THIS SERVICES.
THE MATERIALS ON LITERAL LABEL'S WEBSITE ARE PROVIDED “AS IS”. LITERAL LABEL MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, LITERAL LABEL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS INTERNET WEBSITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.
SOME STATES OR JURISDICTIONS INCLUDING NEW JERSEY DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN NEW JERSEY OR IN ONE OF THESE STATES OR JURISDICTIONS, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
B. Limitation of Liability. IN NO EVENT SHALL LITERAL LABEL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING FROM OR CONNECTED IN ANY WAY WITH THE SERVICES, CONTRIBUTIONS, MATERIALS, CONTENT, COMMENTS, PRODUCTS, SERVICES, SOFTWARE, OR PROVISION OF OR FAILURE TO PROVIDE SERVICES, MADE AVAILABLE OR OBTAINED THROUGH THIS SERVICES OR ANY THIRD-PARTY WEBSITE(S), OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES , WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF LITERAL LABEL HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE TERMS, LITERAL LABEL’S LIABILITY TO YOU IN RESPECT OF ANY LOSS OR DAMAGE SUFFERED BY YOU AND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES OR PURCHASE OF ANY PRODUCTS OR SERVICES, WHETHER IN CONTRACT, TORT, OR FOR BREACH OF STATUTORY DUTY OR IN ANY OTHER WAY SHALL NOT EXCEED $50 IN THE AGGREGATE.
THIS LIMITATION OF LIABILITY PROVISION DOES NOT APPLY TO NEW JERSEY RESIDENTS OR RESIDENTS IN OTHER STATES OR JURISDICTIONS THAT MAY VIEW SUCH PROVISIONS AS UNENFORCEABLE OR ILLEGAL.
C. ANY PRODUCTS, SERVICES, COMMENTS AND CONTENT MADE AVAILABLE OR OBTAINED THROUGH THE USE OF THE SERVICES, AND ALL OTHER USE OF THE SERVICES, IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS THEREFROM.
D. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
E. IN NO EVENT SHALL LITERAL LABEL OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION,) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON LITERAL LABEL'S INTERNET SITE, EVEN IF LITERAL LABEL OR A LITERAL LABEL AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF LITERAL LABEL UNDER THIS AGREEMENT EXCEED FIFTY DOLLARS ($50), REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT, OR OTHERWISE.
You agree to indemnify, defend and hold harmless Literal Label, its third-party vendors, manufacturers, agents, distributors, corporate affiliates, officers, directors, and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorney's fees, (a) made by any third party due to or arising out of any Content Submitted, posted, or otherwise provided by you to the Services, Literal Label and/or its third party licensors, licensees or advertisers, and/or (b) resulting from your breach of any provision of these Terms, any warranty you provide herein, or otherwise arising in any way out of your use of the Services or purchase of the products or services therefrom. Literal Label reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Literal Label in asserting any available defenses.
This indemnity provision does not apply to New Jersey residents or residents of other states or jurisdictions that may view such provisions as unenforceable or illegal.
MODIFICATION/TERMINATION OF SERVICES
In the event of termination of the Services, you will still be bound by your obligations under these Terms and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability set forth herein. Literal Label shall not be liable to you or any third-party for any termination of your access to the Services or any portion thereof.
REVISIONS AND DATA ERRATA
The materials appearing on Literal Label web site could include technical, typographical, or photographic errors. Literal Label does not warrant that any of the materials on its web site are accurate, complete, or current. Literal Label may make changes to the materials contained on its web site at any time without notice. Literal Label does not, however, make any commitment to update the materials.
Literal Label has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Literal Label of the site. Use of any such linked website is at the user’s own risk.
Any claim relating to Literal Label's web site shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions.
OWNERSHIP, TRADEMARKS & PROVIDED ASSETS
You co-own with Literal Label all graphics and files we create during any month paid in full. You will provide all content/copy to be used in our designs. You agree that any materials provided to 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 and you represent to Literal Label that all materials provided do not infringe on the intellectual property rights of third parties.
You agree to indemnify, defend, and hold harmless Literal Label 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.
DON'T ABUSE LITERAL LABEL
Literal Label services are designed for the reasonable use of a single individual from a non-creative based small business. We are not meant to replace a full-time graphic designer – so use your common sense!
If we find that you are not in alignment with our model, sharing accounts/logins, violate our core values, or are abusing our services or team in any way, including using our services for illegal or adult/pornographic we reserve the right to cancel your account.
Your right to use the Literal Label services shall terminate upon your breach of any term of this Agreement.
While we do our best to minimize any mistakes, due to the nature of creative design we can not guarantee all files delivered will be 100% error free. 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. We will do our best to rush any edits to correct the mistakes. Literal Label is not responsible or liable for any losses or expenses incurred from errors or omissions.
By default, you agree to provide Literal Label with a non-exclusive right and license to publish your work in our portfolio, social media or other communication efforts. We will do our best to seek written permission before we post anything publicly. If you would like to revoke this right, please notify our team in writing to firstname.lastname@example.org.
WORK AND DELIVERY OUTPUT
While we can accept unlimited requests and revisions, our output volume depends on many factors, namely depending on the total request volume and complexity. We will do our best to work with you to accommodate any priority items and your timelines but our suggestion is to not use our service for time sensitive requests.
CREATIVE ROUNDS REFINED
A creative round is a measurement of creative output and what we are able to accomplish in a creative round depends on the complexity and total volume of your requests. A creative round begins when the request or revision is assigned to a designer or brand editor. Requests or revisions will not be assigned if they unclear, vague or missing required assets and information. Normally any request or revision received before 7pm EST will be assigned that business day. These timelines may change due to the nature of our business as ultimately determined by Literal Label staff. We will make every attempt to deliver a request according to your timelines, however there is no guarantee.
DIGITAL MILLENIUM COPYRIGHT ACT (DMCA)
In the event materials are made available to this Site by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site. If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
GENERAL LEGAL PROVISIONS
These Terms, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms will be governed by the laws of the State of California, U.S.A., without regard to conflicts of laws principles, as if this Agreement were a contract wholly entered into and wholly performed within the State of California. You hereby consent to the exclusive jurisdiction and venue of courts in the County of Los Angeles, California, U.S.A., for all disputes arising out of or relating to accessing or using this Services. Access to or use of this Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph. In the event of any legal action to enforce or interpret the terms of this Agreement, the prevailing party in such action shall be entitled to recover its reasonable attorneys' fees and costs. No joint venture, partnership, employment or agency relationship exists between you and Literal Label as a result of these Terms or use of the Services.
If any provision in these Terms is invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. Literal Label’s performance of these Terms is subject to existing laws and legal process, and nothing contained in this these Terms is in derogation of Literal Label's right to comply with law enforcement requests or requirements.
All rights not expressly granted herein are hereby reserved. These Terms are the entire and final agreement regarding your access to the Services. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
© Literal Label. 2014-2018, all rights reserved.
All materials on the Services (as well as the organization and layout of the Services) are owned and copyrighted or licensed by Literal Label, its corporate affiliates or its third-party vendors. No reproduction, distribution, or transmission of the copyrighted materials on the Services is permitted without the written permission of Literal Label. Any rights not expressly granted herein are reserved by Literal Label.
Literal Label’s policy is to remove, or disable access to, material that infringes any copyright on the Services after being properly notified by the copyright owner or the copyright owner’s legal agent. If you believe that any Content on the Services violates your copyright, please provide our copyright agent with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
an identification of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on or through our Services;
your address, telephone number, and e-mail address;
a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Pursuant to Title 17, United States Code, Section 512 (the “Digital Millennium Copyright Act”), notifications of claimed copyright infringement should be sent to Literal Label’s Agent set forth below. All inquiries must be filed in accordance with the Digital Millennium Copyright Act.
Literal Label, Inc.
427 N Tatnall St #88305
Wilmington, DE 19801
Telephone: (844) 548-3725
LITERAL LABEL and all related names, logos, product and service names, designs and slogans are trademarks of Literal Label, Inc. or its affiliates or licensors. Such marks cannot be used without the prior written permission of Literal Label. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.
For more information on the trademarks of Literal Label, Inc. please contact us at the address noted above.