Terms

1. Terms and acceptance

By accessing and using this website (the “Site”), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions of Use between DesignJoy and you, 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 website are protected by applicable copyright and trademark law.

This Site is controlled and operated by DesignJoy, LLC (“DesignJoy”) from its offices within the United States. DesignJoy makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where its contents are illegal, is prohibited. Those who choose to access this site from locations outside the United States are responsible for compliance with all applicable laws.

2. IP Ownership / Use license

The material provided on this Site is protected by law, including without limitation, United States Copyright law. The copyright in all material provided on this Site is held by DesignJoy. Except as expressly permitted by DesignJoy, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of DesignJoy or the copyright owner. Permission is granted to you to download and use the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials.

3. Disclaimer

The materials on Designjoy’s website are provided “as is”. DesignJoy 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, DesignJoy 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.

4. Limitations

In no event shall DesignJoy 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 DesignJoy’s internet site, even if DesignJoy or a DesignJoy 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 DesignJoy under this agreement exceed fifty dollars ($50), regardless of the cause of action, in tort, contract, or otherwise.

5. Revisions and data errata

The materials appearing on DesignJoy’s web site could include technical, typographical, or photographic errors. DesignJoy does not warrant that any of the materials on its web site are accurate, complete, or current. DesignJoy may make changes to the materials contained on its web site at any time without notice. DesignJoy does not, however, make any commitment to update the materials.

6. Links

DesignJoy 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 DesignJoy of the site. Use of any such linked website is at the user’s own risk.

7. Site terms of use modifications

DesignJoy may revise these terms of use for the Site at any time without notice. By using the Site you are agreeing to be bound by the current version of these Terms and Conditions of Use.

8. Governing law

Any claim relating to DesignJoy’s web site shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions.

9. Feedback

Any material, information, or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by DesignJoy or its affiliates for any purpose whatsoever, including developing, manufacturing, and marketing products. Notwithstanding the foregoing, all personally identifiable information provided to DesignJoy will be handled in accordance with DesignJoy’s privacy policy. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

10. Fees, refunds and No-Risk Guarantee

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 DesignJoy to perform under this Agreement. You further agree that, upon registering for the services through the Site, you authorize DesignJoy 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 DesignJoy 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 DesignJoy 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.

You may cancel your subscription with DesignJoy at any time. Upon cancellation, you will continue to have access to the DesignJoy services and your design files through the end of your paid billing term. Access to your account’s design files requires an active subscription. Cancelled accounts will not have access to their files once their billing term has ended.

DesignJoy may change its fees from time to time by posting the changes on the Site with 5 days’ prior notice, but with no advance notice required for temporary promotions or reductions in fees.

You may request a refund within the first 7 days of a purchase of any new subscription plan.

Charges and refunds are dependent on the exchange rate between the US Dollar and your currency for the day. Beyond the 7 day window, there are no refunds for partial subscription plans under any circumstance, including unused time on a plan.

Promotions, upgrades, and adjustments to existing plans are non-refundable.

You, the client are responsible to use DesignJoy after payment.

11. Ownership, trademarks & provided assets

You own 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 DesignJoy that all materials provided do not infringe on the intellectual property rights of third parties.

Should you choose to cancel your account during our 7 day trial window, you forfeit all rights of ownership to any materials created by DesignJoy. However, you do reserve the right to purchase the rights to the material in the form of a one time payment based on the scope of the work completed. Use of material without permission will be monitored and acted upon legally to ensure copyright laws are adhered to.

Subscriptions to stock photography or media is under a specific use license. Managed stock photography or assets (provided by Shutterstock or other services) are licensed to be used in the specific graphic files created by DesignJoy from a client request. Individual photos or assets will not be provided.

You agree to indemnify, defend, and hold harmless DesignJoy 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.

12. Abuse

If we find that you are not in alignment with our model, 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 DesignJoy services shall terminate upon your breach of any term of this Agreement.

13. Showcasing Work

Unless otherwise stated by the client, DesignJoy retains the right to publish and display work including but not limited to DesignJoy's portfolio, websites, marketing materials, publications, and other media or exhibits for the purposes of recognition, promotion, and advertising.