Cat5ive Website Terms of Use
Acceptance of Terms Of Use
Please read these Terms of Use carefully. These Terms of Use govern your access and use of this site. By accessing or using this site you agree to be bound by these Terms of Use and to any additional guidelines, restrictions, or rules that may be posted in connection with specific sections or services of this site. All such additional posted guidelines, restrictions, or rules are hereby incorporated by reference into these Terms of Use. Cat5ive reserves the right to make changes to this site and to these Terms of Use at any time without prior notice. You should review these Terms of Use each time you access this site.
You also agree that we may provide all legal communications and notices to you electronically by posting them on our website or, at our election, by sending an e-mail to the e-mail address you provided to us when you registered at our website. You may withdraw your consent to receive communications from us electronically by contacting customer care. However, if you withdraw your consent to receive our communications electronically, you must discontinue your use of your account.
Standard for Electronic Transactions
Cat5ive is governed by, is obligated to comply with, and fully supports the spirit of the Bermuda Standard for Electronic Transactions.
Copyrighted Materials for Limited Use
This Site contains graphics, photographs, images, document layouts, artwork, text, fonts, music, software tools, and other information (referred to herein as “Content”). This Site and all Content are the copyrighted property of Cat5ive, and/or its subsidiaries (referred to herein as “Cat5ive”) or the copyrighted property of parties from whom Cat5ive has licensed such property. All rights in this Site and its Content are reserved worldwide. It is strictly prohibited to retain, copy, distribute, publish, or use any portion of the Content except as expressly allowed in these Terms of Use. Cat5ive reserves the right to add to, delete from, or modify any part of Content at any time without prior notice.
Use of Site
You are granted permission to access and use this Site and its Content for the sole purpose of preparing, evaluating, and ordering products or services solely through Cat5ive (referred to herein as “Products”). No other download, retention, use, publication, or distribution of any portion of the Content is authorized or permitted. Obtaining Products from Cat5ive does not entitle you to use any portion of Content apart from the finished Products as they are supplied by Cat5ive. You agree to use this Site in a responsible manner that is in full compliance with these Terms of Use and with your local laws and regulations, including export and import regulations. Without limitation, no portion of Content may be utilized as a trademark or service mark, for any pornographic use, for any unlawful purpose or use, to defame any person, to violate any person's right of privacy or publicity, to infringe upon any copyright, trade name, trademark, service mark or other intellectual property right of any person or entity. You agree that you will not use the Site to produce Products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable. Cat5ive may terminate its service to customers found to be using Cat5ive to engage in undesirable activities.You are solely responsible for your use of Content in combination with any other images, graphics, text or other materials you incorporate into your Products. You agree that you will not include any text, image, design, trademark, service mark, or any copyrighted work of any third party in your Products unless you have obtained the appropriate authorizations from the owners. You warrant that your Products do not infringe upon any rights of any third party, including copyright, trademark, right of publicity or privacy, and will not libel or defame any third party, and that you have all required rights or permissions necessary to incorporate third party material into your Products. By placing an order on this Site, you warrant that you have all necessary permission, right and authority to place the order and you authorize Luice Deisgn to produce the Products on your behalf.
Transfer of Goods
The customer agrees that the shipping terms for all printed Products are FOB shipping point and ownership transfers to the customer upon shipment. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. For any Product that is to be provided to the customer in an electronic format, the customer agrees that delivery of such Product shall be deemed to have occurred either:
- at the time we transmit the Product via email or other electronic communication addressed to the customer
- or at the time we transmit a notification to the customer that the Product is available for downloading from the Site.
Indemnification
You agree that you shall indemnify and defend Cat5ive and all parties from whom Cat5ive has licensed portions of Content, and their directors, officers, and employees, against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses arising out of or related to:
- your breach of these Terms of Use
- or any suit, claim, or demand arising from or relating to any text, photograph, image, graphic or other material you incorporated into Products that was not part of the standard Site Content.
Disclaimer of Warranty
THE SITE AND ITS CONTENT ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT OPERATION OF THE SITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. REFERENCES AND LINKS TO PRODUCTS OR SERVICES OF INDEPENDENT COMPANIES MAY APPEAR ON THE SITE. THESE REFERENCES AND LINKS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
Limitation of Liability
IN NO EVENT SHALL Cat5ive OR ITS LICENSORS, SUPPLIERS, OR VENDORS, THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT Cat5ive HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SITE OR OF FAILURE TO PROVIDE PRODUCTS OR SERVICES THAT YOU ORDER FROM Cat5ive OR ITS AFFILIATES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM MISTAKE, OMISSION, VIRUS, DELAY, OR INTERRUPTION OF SERVICE. IN NO EVENT SHALL Cat5ive BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OR CONSEQUENCES ARISING FROM OR RELATED TO YOUR INAPPROPRIATE OR UNAUTHORIZED USE OF THIS SITE OR ITS CONTENT.
Site Feedback
Any comments, suggestions, proposals or other feedback (collectively “Feedback Information”) provided to Cat5ive in connection with the operation or content of this Site shall be provided by the submitter and received by Cat5ive on a non-confidential basis. All such comments, suggestions, and other information shall become the exclusive property of Cat5ive. By submitting any such information to Cat5ive, you agree that you are transferring and assigning, at no charge, all of your right, title and interest in the information, including all copyrights and other intellectual property rights. You agree that Cat5ive shall be free to use such information on an unrestricted basis.
Cat5ive Creative Services Terms
These Terms of Use establish the terms under which Cat5ive will perform your Creative Services project. The general Cat5ive Terms of Use, above, including all product-specific Terms of Use or Terms and Conditions referred to in the general Cat5ive Terms of Use, are incorporated by reference into and made a part of these Creative Services Terms of Use, except to the limited extent that any such Terms of Use or Terms and Conditions are expressly modified below. By requesting a Creative Services project from Cat5ive, you agree to be bound by these Terms of Use. Please read them, including the general Cat5ive Terms of Use and other Terms of Use and Terms and Conditions incorporated herein, carefully. If you do not wish to be bound by any such Terms of Use or Terms and Conditions, Cat5ive will not be able to perform Creative Services for you.
Terms Applicable to Cat5ive Creative Services
- General Terms Applicable to Cat5ive Creative Services.
- If you are requesting a Creative Services project on behalf of any business, organization, or other entity of any kind, you represent and warrant that you are authorized to accept these terms on its behalf and to bind such business, organization, or entity to these Terms of Use.
- If you provide Cat5ive with any text, images, designs, or other content for incorporation into your Creative Services project, you unconditionally guarantee that you have all appropriate and necessary right and authority to use such text, images, designs, or other content and that your use will not infringe any trademark, copyright, or other right of any other party.
- The designs and/or written copy (collectively, “Designs”) prepared by Cat5ive for you as part of your Creative Services project may have similarities to Designs prepared by Cat5ive for other parties. You are obtaining no right or claim of any kind to any individual Design element or elements provided by Cat5ive and Cat5ive reserves the right to use the same or similar Design elements in other Creative Services projects or otherwise for other parties in the future. Except for the specific Creative Services project content provided to Cat5ive by you, all rights in all Creative Services work product, including without limitation both final Designs and all interim and draft Designs, are retained by Cat5ive. Your right to use any Designs prepared by Cat5ive for you is limited to the finished printed products in the form they are supplied to you by Cat5ive. You may not copy, disassemble, modify, or transfer any such Designs.
- Cat5ive reserves the right, in Cat5ive’s sole discretion, to refuse to accept any Creative Services project or to terminate any Creative Services project prior to completion at any time and for any reason. You agree that Cat5ive shall have no liability of any kind to you or to any third party arising from such refusal or termination.
- Cat5ive reserves the right to make changes to these Terms of Use and to the products and services offered by Cat5ive at any time without prior notice. You should review these Terms of Use, and the incorporated Cat5ive Terms of Use, each time you access the Creative Services site. Cat5ive reserves the right to use any Designs and/or your finished Creative Services project products as sample work for advertising and promotional purposes and for internal purposes.
Terms Applicable to Delivery of Designs
Payment for any and all creative services to be provided by Cat5ive is due in advance of any work by Cat5ive. Initial Design concepts are expected to be delivered to you within 5 business days of your initial order provided all content and information needed from you is completed and received. For print products, your Designs will be delivered in web preview format by email notification, which you must view by logging in to your Cat5ive account with a user ID and Password. For websites, we will publish your website upon completion of the initial design and will notify you by email. If the email address you provide is not valid or is filtered by your email system, Cat5ive will not be liable for any missed deadlines and will not refund clients for this reason. Other fees may apply for Image Processing, Multiple varieties of the same document, File Conversion, and Revisions beyond the number, if any, provided with the initial fee. Acceptance and Cancelation. You must be 18 Years old or older to purchase a Creative Services project and utilize Cat5ive’s Creative Services. It is your responsibility to provide images, or other content if needed to complete the project. You must contact Cat5ive with any changes, updates, or enhancements to the project you are requesting starting from date of sale. You must call Cat5ive at Need Help? Call Us 321-684-5012 for any requests to cancel services. Damages and Liabilities. Cat5ive disclaims and shall not be liable for any other loss, injury, cost or damage suffered by Customer or any third party and shall in no event be liable for consequential, special, or indirect or incidental damages, including without limitation, damages for loss of business profits, business interruption, or loss of data, arising out of or in any way connected with the use of the product Designs and any information available on it, and the delay or inability to use the Cat5ive site or any information, even if Cat5ive has been advised of the possibility of such damages. All delivery times are estimates only, and Cat5ive is not responsible for any late Creative Services projects and/or impact to Customer’s business due to a late project and/or printing. Cat5ive advises that Customers plan at least one month for any Creative Services project and associated printing and shipping time.
Terms Applicable to Logo Design Services
If your Design Services project involves the development of a logo design, you acknowledge and agree to the following:
Cat5ive is only providing logo design services and has no obligation or duty of any kind to provide any legal advice or other service to you regarding the logo or to perform any trademark clearance search or any other inquiry of any kind related to the logo. It is solely your responsibility to determine if the logo is suitable and appropriate for your use and to obtain the advice of an attorney regarding whether the logo is legally available for your use and does not infringe the rights of another party.
Cat5ive does not guarantee that your logo will not have similarities to logos designed by Cat5ive for other parties. You are obtaining no right or claim of any kind to any individual design element or elements of the logo apart from your logo as a whole and Cat5ive reserves the right to use one or more of the design elements in other logo design projects for other parties in the future.
Upon payment in full of all design fees owed to Cat5ive, Cat5ive will make the logo image artwork available to you for your royalty-free use. The logo artwork will be made available to you in a mutually agreed format. Please consult a Design Services Account Representative for a list of available formats. Cat5ive reserves the right to display the logo in Cat5ive advertising, promotional, and corporate materials related to its logo design services.
Terms Applicable to High Resolution Image Creation Services
If your Design Services project involves the creation and delivery to you of a higher resolution version of a lower resolution image uploaded or otherwise provided by you, you acknowledge and agree to the following:
You unconditionally represent and warrant that you have all appropriate and necessary right and authority to create and use a higher resolution image version of the image you provide to Cat5ive and that your use of the higher resolution image will not infringe any trademark, copyright, or other right of any other party.
Upon payment in full of all design fees owed to Cat5ive, Cat5ive will make available the higher resolution image artwork to you for your royalty-free use. The image artwork will be made available to you in a mutually agreed format. Please consult a Design Services Account Representative for a list of available formats.