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© 2017 by TSPUbCreative, LLC

Terms of Service

Please Read Before Placing An Order

In General:

 

TSPubCreative (“http:// tspubcreative.com”) owns and operates this Website. This document governs your relationship with www.tspubcreative.com (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions, and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

 

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website. This Website may contain links to other websites (the "Linked Sites"), which are not operated by Tspubcreative.com.   Tspubcreative.com has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from our use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

 

Privacy:
This privacy policy discloses the privacy practices for Tspubcreative.com.  This privacy policy applies solely to information collected by this Website.

 

We only have access to/collect information that you voluntarily give us via email, Website or another direct contact from you. We will not sell or rent this information to anyone.

 

We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship or process an order.

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy. 

 

Your Access to and Control Over Information:
You may opt out of any future contacts from us at any time. You can do so at any time by contacting us via the email address provided on our website. 

 

Orders:
We request information from you on our order form. To purchase from Tspubcreative.com, you must provide contact information (like name and shipping address) and financial information. This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we'll use this information to contact you.

 

Cookies:
Tspubcreative.com may use cookies on our Website.  A cookie is a piece of data stored on a site visitor's hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site. Some of our business partners may use cookies on our site. However, we have no access to or control over these cookies.

 

Security:
We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline.

 

Updates:
Our Privacy Policy may change from time to time and all updates will be posted on this page.

 

Prohibitions:
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Tspubcreative.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

 

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website.

 

Terms of Sale:
By using this Website or by placing a purchase order using the Website, you agree to abide by the terms and conditions set forth herein and acknowledge that you have received this information. 

 

In order to contract with Tspubcreative.com, you must be over 18 years of age and possess a valid PayPal account. Tspubcreative.com retains the right to refuse any request made by you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the PayPal account used to place your order and that there are sufficient funds to cover the cost of the Services. All prices advertised are subject to such changes.

 

Disclaimer of Liability:
The material displayed and provided by this Website is provided without any guarantees, conditions or warranties. Unless expressly stated to the contrary to the fullest extent permitted by law Tspubcreative.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials provided or posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Tspubcreative.com's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

Your use of any information or materials on this Website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Website meet your specific requirements.


Payment Policy:

All orders require a 50% deposit before starting any project. If you are not satisfied with the service we will refund your deposit but if you decide to back out on the project with an unreasonable explanation or once a sample has been sent you will forfeit your deposit for the time that we put it to working on your project. No print job will begin without full balance being paid. Once orders are sent to print there will be no refunds. All orders receive two proofs; look through images carefully for misspelled words or incorrect information. If you miss an error and approve an image without asking for the corrections you will be charged for them after final files have been created and sent. Additional proofs are $50 each; this fee will be added to your balance. Orders totaling $500 or more can be started on a payment plan; all fees must still be paid before the order is completed. Turnaround times for a single design order are typically 10-14 days, not including printing time if applicable. Web orders are typically 2-4 weeks. Visit TSPUBCREATIVE.COM for our Frequently Asked Questions Section and Portfolio.

 

Proofs are for proofing only. Until your order is completed and paid for in full you are prohibited to post them on any social networks or websites.


Ownership of Artwork:


Until full payment has been made, TSPUBCREATIVE retains ownership of all original artwork or parts contained therein, whether preliminary or final. Upon full payment, the client shall obtain ownership of the final artwork to use and distribute as they see fit. TSPUBCREATIVE retains the right to use the completed project and any preliminary designs for the purpose of design competitions, future publications on design, educational purposes, and portfolio usage upon written consent by the client. Where applicable the client will be given any necessary credit for usage of the project elements.

 

Production Schedule | Delivery of Project Materials:
The client will assume any shipping or insurance costs related to the project. Any alteration or deviation from the above specifications involving extra costs will be executed only upon approval with the client. The designer shall not incur any liability or penalty for delays in the completion of the project due to actions or negligence of client, unusual transportation delays, unforeseen illness, or external forces beyond the control of the designer. If such event(s) occur, it shall entitle the designer to extend the completion/delivery date, by the time equivalent to the period of such delay.

 

Proofing of Final Project Files: 
The designer shall make every effort to ensure the final product is free of any grammatical and spelling errors, before giving the final product to the client. It is agreed that it is the client’s responsibility to ensure that there are no spelling or grammatical errors contained in the final product. It is agreed that the designer is not responsible or held liable for any errors contained in the final product after the final product has been committed to print or posted in view of the public.

 

Cancellation: 

In the event of cancellation of the project, ownership of all copyrights and the original artwork and disks shall be returned and retained by TSPUBCREATIVE (Brittani Williams), and a fee for work completed, based on the contract price and expenses already incurred, shall be paid by the client.


Disclaimer as to Ownership of Trademarks, Images of Personalities and Third Party Copyright:

The custom made designs created on Tspubcreative.com contain stock images and Commercial fonts purchased from the websites listed below. Once your order is completed and paid in full, you will receive the stock numbers and commercial ID numbers for your records. If you lose these records and need a copy, there is a fee of $5 to send a copy of this document. TSPUBCREATIVE is not legally responsible for any misplaced records.  

 

 

TSPub Creative LLC uses the following websites for stock photography:
www.shutterstock.com 

www.istock.com 
www.dreamstime.com 

 

For commercial fonts and other elements TSPubcreative LLC uses the following websites:
www.envatoelements.com
www.dafont.com (Commercial Font Options Only)
www.creativemarket.com

 

Standard Licensing Terms have been used. Follow the links below to view each individual website's terms of usage.

 

Creative Market:
https://creativemarket.com/licenses/terms

 

Envato Elements:
https://elements.envato.com/license-terms

 

Dafont:
http://www.dafont.com/faq.php

 

Shutterstock:
https://www.shutterstock.com/license

 

Istockphoto:
http://www.istockphoto.com/legal/license-agreement

 

Dreamstime:
https://www.dreamstime.com/about-stock-image-licenses

 

All individual image copyrights remain with the photographer listed on the image page at Shutterstock.com. Tspubcreative.com created the composition of the combined images for the final design.

 

Linking to This Website:
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the homepage. We reserve the right to withdraw linking permission without notice.

 

Indemnity:
You agree to indemnify, defend and hold harmless Tspubcreative.com its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.

 

Variation:
Tspubcreative.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

 

Restriction and Termination of Use:
Tspubcreative.com may block, restrict, disable, suspend or terminate your access to all or part of the Site and Content at any time in Tspubcreative.com's discretion, without prior notice or liability to you.

 

Invalidity:
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.

 

Complaints:
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.

 

Waiver:
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

 

Entire Agreement:
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Tspubcreative.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Tspubcreative.com.

 

Acceptance of Agreement:
The above specifications and conditions are hereby accepted. The designer is authorized to execute the project as outlined in this agreement. You will be required to sign an agreement before your project can begin.