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Terms of Service

Last updated: January 7, 2024

Terms of Service

IMPORTANT NOTICE: This document contains critical details about your rights, obligations, and the terms governing your use of this website. It's essential to review these terms in their entirety.

NOTE ON DISPUTE RESOLUTION: Disputes under these terms will be resolved through individual arbitration, not through jury trials or class actions.

ACCEPTANCE OF TERMS: By procuring services from this website, you confirm that you meet the age requirement to enter into this agreement and thereby accept its terms and conditions. If you're acting on behalf of an entity or company, you guarantee that you're authorized to commit said organization to these terms.

ORDERING LIMITATIONS:
Service orders from this website are restricted if:

You disagree with any part of these terms.

You are not at least 18 years old or have not reached the legal age to form a contract with Contrast and Create LLC, operating at www.contrastandcreate.com. Applicable laws prevent you from using or accessing this website and its associated content or services.

1. Terms Acknowledgment

Accessing and using our platform at www.contrastandcreate.com (“Site”) and its associated services ("Services") means you're engaging with Contrast and Create LLC, referred to as "Contrast and Create", "we", or "us". By navigating our Site and Services, you confirm you've understood and accepted this Terms of Service (“Agreement”). Any changes to this Agreement will be effective from the “Last Updated Date” mentioned on the Site. Regularly review these Terms, especially before availing of our services. Continued use after updates signifies your consent to the changes.

These Terms work in conjunction with the Website Terms of Use that pertain to the overall use of our Site. We recommend carefully reviewing our Privacy Policy before placing an order for services on this Site. This Site is controlled and operated from the United States. Our site might contain materials not suitable for other jurisdictions. Access from regions where our content is not legal is forbidden. Users accessing from outside the United States must adhere to their local laws.

2. The Services


2.1 Upon your adherence to this Agreement, and contingent upon your subscription to an appropriate plan and receipt of the corresponding payment(s), we shall provide the relevant Services for the duration of your subscription term. While we strive to offer consistent Service availability, occasional interruptions may occur due to scheduled maintenance or unforeseen circumstances. We reserve the right to alter, substitute, or cease the Services without prior notice.

2.2 Access and usage of the Services must be in line with this Agreement's stipulations. It is imperative that you:

(i) ensure the authenticity, currentness, and completeness of any information about you or the company you represent that you relay to Contrast and Create or third-party applications we use (Client Information);
(ii) regularly update the Client Information;
(iii) safeguard password and identification details;
(iv) promptly alert us regarding any unauthorized account activity; and
(v) take sole responsibility for any activity linked to your accounts associated with Contrast and Create.

2.3 You must secure and maintain all necessary telecommunications, broadband, and computer equipment and services required to access the Services. All associated costs will be borne by you.

2.4 We reserve the right to terminate your account without notice or obligation if, at our sole discretion, you:(i) breach this Agreement;(ii) misalign with our operational model;(iii) violate our fundamental principles; or(iv) misuse our Services, including any illicit activities.

2.5 “Licensed Content” denotes content under our ownership or license, encompassing artwork, stock imagery, audio, typeface, videos, designs, and textual content. While you hold exclusive rights over your project, the embedded Licensed Content adheres to the license outlined in Section 4. No additional rights are extended to you. Furthermore, you grant us a perpetual, global, transferable right and license to commercially utilize any feedback, suggestions, or recommendations you provide to us.

2.6 Contingent upon your consistent adherence to this Agreement, especially timely payment obligations, we grant a restricted, revocable, non-exclusive license for the Services, solely for internal business operations. Using the Services for competitive analysis or other unauthorized purposes is prohibited. The Services must not be, nor can you allow them to be, reverse-engineered, modified, or used beyond the Agreement’s stipulations or in violation of pertinent laws and regulations, encompassing privacy and intellectual property rights by you, or any third party.

3. Fees

3.1 To access our Services, recurring fees are applicable. Prior to receiving any Services, fees and applicable taxes, as mentioned during registration and updated by you, must be paid in full. Unless stated, all payments are final and non-refundable.

3.2 Fees are subject to change with 5 days' advance notice. By continuing to utilize the Services, you accept the revised fees. Any temporary fee reductions or promotions won't necessarily be communicated to you.

3.3 Subscriptions can be terminated anytime through Stripe or by reaching out to our support. If terminated prior to the next billing cycle, access remains until the end of the current billing period. Post expiration, access to our Services and associated design files is revoked. Partial months of service, unused time, or downgrades are not eligible for refunds or credits.

4. Use of the Services

4.1 The Services may be employed for the number and scale of projects as specified under your chosen subscription plan. While we accommodate unlimited requests and revisions, the actual volume of our output hinges on factors such as request volume and project intricacy. Efforts will be made to align with your priorities and timelines.

4.2 Upon the delivery of a file, or other deliverable, it is imperative for you to review and inspect all content for discrepancies or omissions. Please inform us within seven (7) days of receiving the file, or other deliverable, if corrections or changes are warranted. Within this period, we'll strive to expedite the necessary edits. Beyond this duration, while not obligated, we aim to collaborate with you on potential corrections.

4.3 All the information, data, or materials you provide for utilizing the Services ("Customer Content") is under your ownership and/or control. Submitting Customer Content signifies that you either own it or possess the requisite rights and licenses. You confer upon us a global, royalty-free, non-exclusive license to access and employ Customer Content for Service provision. Any Copyright claim we receive regarding a file, or any deliverable, related to you or the company you represent will be solely your responsibility to settle, along with any damages incurred by Contrast and Create LLC due to the claim.

4.4 You retain exclusive ownership rights, including all intellectual property rights, to the deliverables. As per 17 U.S.C. §101, any deliverable that can be classified as “work made for hire” is deemed as such for you. If any deliverable doesn't fall under this definition, we unconditionally transfer all associated rights to you. Nevertheless, this clause is contingent upon your adherence to this Agreement, and settlement of relevant dues.

4.5 During the Service provision, certain pre-existing materials may be employed. Ownership rights for these materials remain solely with us or our licensors. We grant you a perpetual, limited, royalty-free, non-transferable, global license for the use, display, and distribution of such materials, provided they are integrated or essential for the deliverables or Services. All other rights related to these materials are explicitly reserved by us.

4.6 Discriminatory practices, especially those based on race, religion, sex, sexual orientation, age, disability, ancestry, or national origin, are strictly unendorsed and intolerable in our Services. Usage of the Service that could incite, endorse, or propagate such discrimination or hostility is strictly prohibited. Should we deduce that the Service is being used for such purposes, we reserve the right to suspend or terminate your access, without prior notice or liability.

5. Confidential Information


5.1 “Confidential Information” refers to non-public or proprietary data, including but not limited to details about products, services, research, designs, and marketing strategies.

5.2 If you disclose Confidential Information, we pledge to keep it confidential and not share it with third parties, unless specifically approved by you. This information will be exclusively used for Services and will be accessible only to those directly involved. We’re accountable for any confidentiality breaches by our representatives.

5.3 Likewise, if we disclose our Confidential Information, you're obligated to ensure its confidentiality. It shouldn’t be shared or used outside the terms of this Agreement, and you're accountable for any breaches by your representatives.

5.4 The following doesn’t qualify as Confidential Information:(a) publicly available data or data that becomes public not due to an Agreement breach;(b) information already in a party’s possession prior to disclosure;(c) independently derived information without violating this Agreement;(d) information received from a third party without an Agreement breach.

5.5 Five (5) years post the termination of this Agreement, the confidentiality terms will still apply.

6. Portfolio Rights

6.1 For marketing and advertising purposes, you grant us a non-exclusive, worldwide license to use, display, and publish deliverables crafted during the Service provision (“Portfolio Rights License”). You can rescind this license anytime through written communication to support@contrastandcreate.com. On revocation, we'll cease using the deliverables for promotional purposes. However, if others have used them based on the Portfolio Rights License, they might persist online.

7. Duration and Termination

7.1 This Agreement concludes upon the termination or expiration of your account or subscription. However, certain clauses, owing to their inherent nature, remain active post-termination. These include, but are not limited to, rights for accrued payments, confidentiality clauses, warranty disclaimers, and liability limits.

7.2 If you violate any terms of this Agreement, we reserve the right to terminate it upon notification. Following the termination or expiration of your account or subscription, all rights linked to the Service under this Agreement will cease. Consequently, you will not be able to access the Service in question, including your account, Customer Content, or other related files. Breaching this Agreement and leading to its termination will also result in the termination of any licenses to Licensed Content.

8. Warranty Limitations

8.1 While we guarantee that all deliverables provided will come with a clear and valid title license, exceptions apply to Licensed Content and pre-existing materials which may have distinct terms. Unless specifically detailed herein, our site and services are offered “AS IS, AS AVAILABLE”. We provide no other warranties, implied or expressed, and the applicability of disclaimers may vary based on jurisdiction.

9. Limitation of Liability

9.1 We shall not be liable for indirect damages from any lost profits, data, or financial losses arising from the use or inability to use our site. Our maximum liability under any condition, whether arising from a breach of contract, is capped at fifty dollars. Certain jurisdictions may not recognize such limitations.

10. Indemnity

10.1 You agree to indemnify, defend, and hold harmless Contrast and Create LLC, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities, and, expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Contrast and Create LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Contrast and Create LLC in asserting any available defenses.

11. Third-Party Links

11.1 Any links or accessibility through third-party platforms are not under our purview, and we are not accountable for the content or practices of these third parties.

12. Disputes Resolution and Jurisdiction Selection

12.1 The interpretation and enforcement of this Agreement shall adhere to the laws of Texas, setting aside any principles of conflicts of laws that would dictate the use of laws from another jurisdiction. All disputes or legal proceedings that stem from this Agreement will be resolved in appropriate state or federal courts located in Collin County, Texas. Both parties consent to the primary jurisdiction and venue of these courts for any related legal action or process.

12.2 If, for some reason, no appropriate court in Collin County, Texas can assume jurisdiction, then both parties will agree to resolve any dispute connected to this Agreement through a binding arbitration procedure, which will be conducted in Collin County, Texas following local arbitration norms. Every aspect of such arbitration, including any rulings, decisions, or awards by the arbitrator, will remain confidential to ensure the benefit of all involved parties.

12.3 BOTH PARTIES UNDERSTAND AND AGREE THAT ANY CLAIMS BROUGHT FORTH WILL BE ON AN INDIVIDUAL BASIS. THIS MEANS CLAIMS CANNOT BE LAUNCHED AS A CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AGAINST THE OTHER.13.4 BOTH PARTIES AGREE THAT ANY LEGAL CLAIM OR ACTION DERIVED FROM OR IN RELATION TO THIS AGREEMENT MUST BE INITIATED WITHIN ONE (1) YEAR FROM THE TIME THE CAUSE OF ACTION EMERGES. IF NOT, SUCH A CLAIM OR ACTION IS IRREVOCABLY FORFEITED.

13. Comprehensive Agreement

13.1 In the event you've entered a distinct agreement with us, specific to your usage of this Site or our Services, the stipulations of that distinct agreement will take precedence should any discrepancies arise with this Agreement. Excluding such instances, this Agreement serves as the exhaustive pact between involved parties regarding its subject and replaces any prior exchanges or propositions.

14. Assignment

14.1 This Agreement, along with the accompanying rights and duties, pertains specifically to you. You are not permitted to transfer, delegate, or assign this Agreement or any of the rights or duties contained herein without our express written approval. We retain the discretion to transfer this Agreement under various circumstances, including mergers, asset acquisitions, restructuring, or the sale of our assets or shares.

15. Severability

15.1 Should any provision(s) within this Agreement be deemed invalid, unlawful, or unenforceable by a recognized legal authority, the remaining clauses shall continue to stand unaffected and in full operation. Any unenforceable or invalid provision will be replaced with one that is valid and enforceable and that closely aligns with the original intention of the parties.

16. Right Reservation

16.1 Any neglect on the part of either party to enforce a right outlined in this Agreement doesn't imply a surrender of further rights under this Agreement. If either party foregoes any terms or conditions or any violation thereof on one occasion, this will not result in the waiver of the same term, condition, or violation in future instances.

17. Unforeseen Circumstances

17.1 Should external events beyond our reasonable control, such as widespread health crises, governmental actions, natural disasters, acts of war, labor issues, or disruptions in third-party services (collectively referred to as “Unforeseen Circumstances”), prevent us from fulfilling any obligation within this Agreement, we will be exempt from liabilities arising from such non-performance. Nonetheless, our commitment to perform will recommence immediately after the cessation of said Unforeseen Circumstances.