Before using any of the Magnnetic services, you are required to read, understand and agree to these terms. You may only purchase after reading and accepting these terms. THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE MAGNNETIC SERVICES (“SERVICES”). BY USING THE MAGNNETIC SERVICES YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
The Site is an online service that offers branding design support for digital goods owned by individuals and businesses. Services include, but are not limited to, any service and/or content Magnnetic makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services.
Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of Magnnetic. Magnnetic reserves the right to amend, suspend or discontinue the availability of the Site and/or any Service and/or remove any content at any time at its sole discretion and without prior notice.
Services are available only to legal entities and to individuals who are at least 18 years old.
The term “you” or “your” as used herein shall at all times include the individual or legal entity which has purchased the Magnnetic Services hereunder, including but not limited to any and all persons and/or legal entities with which it is affiliated and/or associated, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns.
You agree that you will pay for the Services, and that Magnnetic may charge your payment method for any services purchased and for any additional amounts (including any taxes, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING MAGNNETIC WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.
Your total price will include the price of the product but expressly excludes any applicable taxes; such service tax is based on the bill-to address and the applicable tax rate in effect at the time you use the Services. We will charge tax only in such jurisdictions where the Services are taxable.
Prices for the Services may change at any time at Magnnetic’s sole and exclusive discretion. The Services do not provide price protection or refunds in the event of a price reduction or promotional offering.
You hereby expressly and irrevocably release and forever discharge Magnnetic, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless Magnnetic, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, punitive, exemplary and indirect damages), and reasonable attorneys’ fees, relating to, resulting from or arising out of, in whole or in part (i) any breach of these Terms, whether or not deemed to be material or immaterial; (ii) the use of or reliance upon the Services, by you or any person acting on your behalf or using your account; or (iii) any material or immaterial violation of any rights, title or interests of any third party.
In no event shall Magnnetic be liable to You under any legal or equitable theory, including but not limited to contract, tort, strict liability, negligence, common law or with respect to the site, the service or any content (i) for any lost profits, loss of use, or actual, special, indirect, incidental, punitive, or consequential damages of any kind whatsoever.
MAGNNETIC, AND THEIR LICENSEES, AFFILIATES, AND LICENSORS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE YOUR ABILITY TO TERMINATE THE SERVICE EFFECTIVE UPON RECEIPT BY MAGNNETIC OF YOUR WRITTEN NOTICE OF TERMINATION, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW.
Magnnetic’s and magnnetic.com’s graphics, logos, designs, page headers, button icons, scripts, service names and any other intellectual property are the sole and exclusive intellectual property of Magnnetic. Magnnetic’s intellectual property may not be used in connection with any product or service without the prior written consent of Magnnetic. Notwithstanding the foregoing, the images and icons available in the Magnnetic Press Kit may used by partners and approved third party sites in connection with providing appropriate links to the Magnnetic Site.
Support must be requested through the proper channels to be received and responded to in a reasonable amount of time. To request support please email email@example.com.
Your requests are subject to approval by Magnnetic management or by its assigned agent. For work outside Magnnetic’s scope, Magnnetic management may provide alternative solutions to the client including referral to the Magnnetic partner network.
Magnnetic provides 24/7 support, but provides no guarantee either express or implied on the timeframe of when a support request can or will be resolved.
Content that Magnnetic is able to design, brand, and/or format is text-based digital products, such as:
Examples of requests which shall not meet Magnnetic management approval are:
If you are unsure about whether or not we can support a request, send us an email and we will either accept or deny the request based on managerial approval.
You own all files we create. For ‘Mini’, ‘Mega’, or ‘Massive’ orders, you will provide all content/copy to be used in our deliverables. You agree that any materials provided are proofed and approved to be used in your deliverable and are not owned or trademarked by a different entity. You are responsible to make sure any materials provided can be legally used in your project. We are not liable for the materials you provide as it pertains to license or trademark issues and you represent to Magnnetic that all materials provided do not infringe on the intellectual property rights of third parties.
Subscriptions to stock photography or media is under a specific use license. Managed stock photography or assets (provided by Getty Images or other services) are licensed to be used in the specific files created by Magnnetic from a client request. Individual photos or assets will not be provided.
You agree to indemnify, defend, and hold harmless Magnnetic and its affiliates, officers, members, managers, agents, successors and assigns 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 magnnetic.com, and (iii) infringement of third party’s intellectual property rights or other proprietary rights.
While we do our best to minimize any mistakes, due to the nature of creative efforts, 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. Magnnetic is not responsible or liable for any losses or expenses incurred from errors or omissions.
By default, you agree to provide Magnnetic 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.
Cancellation can occur at anytime. You are never required to complete your project with us – in fact, we’d prefer you have the option to leave if you are unhappy with our service and give us feedback on how we can serve you better.
Magnnetic may terminate or suspend any and all Services and/or your Magnnetic account immediately, without prior notice or liability, for any reason whatsoever, or for no reason, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Magnnetic account, you must Contact us with your termination request. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You can contact us through the contact page or email us at email@example.com to issue a termination request.
The materials appearing on Magnnetic’s web site could include technical, typographical, or photographic errors. Magnnetic does not warrant that any of the materials on its web site are accurate, complete, or current. Magnnetic may make changes to the materials contained on its web site at any time without notice. Magnnetic does not, however, make any commitment to update the materials.
Magnnetic 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 Magnnetic of the site. Use of any such linked website is at the user’s own risk.
Magnnetic reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, Magnnetic will notify you by posting an announcement on the site. What constitutes a material change will be determined at Magnnetic’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.
No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind Magnnetic in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Magnnetic shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Magnnetic’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. Magnnetic may transfer, assign or delegate the Terms and its rights and obligations without your consent. The Terms shall be governed by and construed in accordance with the laws of The United States of America, as if made within Virginia between two residents thereof, the parties submit to the exclusive jurisdiction of Virginia courts. Both parties agree that the Terms is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in a writing signed by both parties, except as otherwise expressly provided herein.