TERMS AND CONDITIONS
ACCEPTANCE OF TERMS OF
USE
Welcome to Ingenious Designs (http://id.discountguys.com). Ingenious
Designs (http://id.discountguys.com) and its affiliates provide their
services to you subject to the following conditions. If you visit or
order at Ingenious Designs (http://id.discountguys.com), you accept these
conditions. 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. Ingenious Designs (http://id.discountguys.com)
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. In addition, when you use any
current or future Ingenious Designs (http://id.discountguys.com) service
or visit or purchase from any business affiliated with Ingenious Designs
(http://id.discountguys.com), you also will be subject to the guidelines
and conditions applicable to such service or business.
PRIVACY
Please review our
Privacy Policy, which also governs your visit to Ingenious Designs
(http://id.discountguys.com), to understand our practices.
RIGHT TO CANCEL ANY DESIGN AND DEVELOPMENT
PROJECT
Ingenious Designs (http://id.discountguys.com) retains the right to
cancel a design and development project at any time at our sole
discretion without assigning any reason whatsoever. If our advertised guarantee applies to your project you will
receive a 100% refund if cancelled by Ingenious Designs
(http://id.discountguys.com).
Once a design and
development project is cancelled, Ingenious Designs (http://id.discountguys.com)
will destroy all files, papers, etc. if supplied by the customer or
client.
DESIGN AND DEVELOPMENT
DEPOSIT
All design and development deposits are non refundable. Ingenious
Designs (http://id.discountguys.com) will secure a down 50% Down Payment.
The remaining balance will be charged to your credit card upon your
complete satisfaction and acceptance of the final approved design.
INTELLECTUAL PROPERTY RIGHTS PROTECTION
The customer represents and warrants that
they are the rightful owner of, or possesses legally enforceable rights
to, the product being ordered to be designed by Ingenious Designs
(http://id.discountguys.com).
WARRANTY OF PRODUCT
Ingenious Designs (http://id.discountguys.com)
guarantees your satisfaction with art and graphic proofs. If Ingenious
Designs (http://id.discountguys.com)
cannot satisfy the customer, we will refund the entire deposit amount if
you want to cancel the project. However, once the proofs are approved,
we must charge for all work and services performed, even if the project
is subsequently cancelled.
EMAIL / ONLINE PROOF
If we are designing and developing your project the email proof will be
sent when the design and development project is completed and ready.
No order is finalized without your approval and authorization, so please
reply as quickly as possible. Please take note that an email proof is a
final opportunity for you to carefully proofread the content and verify
that the product is the way you expected. Before you accept, all edits
should be finalized, the copy carefully proofread and all design issues
should be settled. We will not take responsibility for any copy or
design errors committed on your part. Ingenious Designs
(http//id.discountguys.com) is also not responsible for any wrong dates
or misspelled words in files submitted by customer or jobs approved by
customer upon design and development completion.
GENERAL PRACTICES
REGARDING USE AND STORAGE
You acknowledge that Ingenious Designs (http://id.discountguys.com) may
establish general practices and limits concerning your use of the
service, including without limitation the maximum number of days that
designs or other uploaded Content will be retained by the service, the
maximum size of any content that may be uploaded on the service, and the
maximum disk space that will be allotted on Ingenious Designs
(http://id.discountguys.com) servers for customer use. You agree that
Ingenious Designs (http://id.discountguys.com) has no responsibility or
liability for the deletion or failure to store any Content maintained or
transmitted to the service. You acknowledge that Ingenious Designs
(http://id.discountguys.com) reserves the right to delete content stored
on the server, which is inactive for an extended period of time. You
further acknowledge that Ingenious Designs (http://id.discountguys.com)
reserves the right to change its general practices and limits at any
time, in its sole discretion, with or without notice to you.
COPYRIGHTED MATERIALS
FOR LIMITED USE
This site contains graphics, photographs, images, document layouts,
artwork, text, fonts, software tools, and other information (referred to
herein as “Content”). This site and all content are the copyrighted
property of Ingenious Designs (http://id.discountguys.com), and/or its
subsidiaries (referred to herein as “Ingenious Designs
(http://id.discountguys.com)”) or the copyrighted property of parties
from whom Ingenious Designs (http://id.discountguys.com) 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. Ingenious Designs (http://id.discountguys.com)
reserves the right to add to, delete from, or modify any part of content
at any time without prior notice.
You are granted
permission to access and use this site and its content for the sole
purpose of preparing, evaluating, and ordering design and development
services solely through Ingenious Designs (http://id.discountguys.com).
No other download, retention, use, publication, or distribution of any
portion of the Content is authorized or permitted. Obtaining design and
development services from Ingenious Designs (http://id.discountguys.com)
does not entitle you to use any portion of content apart from the
finished products as they are supplied to you by Ingenious Designs
(http://id.discountguys.com).
USE OF SITE
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. Ingenious Designs
(http://id.discountguys.com) may terminate its service to customers found
to be using Ingenious Designs (http://id.discountguys.com) to engage in
undesirable activities.
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 Ingenious Designs (http://id.discountguys.com) to
design and develop products on your behalf. You agree that you will be
responsible for all orders placed or other actions that are taken
through your account whether registered or not.
INDEMNIFICATION
You agree that you shall indemnify and defend Ingenious Designs
(http://id.discountguys.com) and all parties from whom Ingenious Designs
(http://id.discountguys.com) 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 (I) your breach of these terms of
use or (II) any suit, claim, or demand arising from or relating to any
text, photograph, image, graphic or other material you incorporated into
design and development 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 ingenious designs (http://id.discountguys.com) 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 ingenious
designs (http://id.discountguys.com) 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 services that you order from
ingenious designs (http://id.discountguys.com) or its affiliates,
including without limitation, damages arising from mistake, omission,
virus, delay, or interruption of service. In no event shall ingenious
designs (http://id.discountguys.com) 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.
GOVERNING LAW
Customer hereby agrees and consents to venue in Santa Clara County,
California, USA, in the event of any legal action regarding these terms
and conditions or of any copyright enforcement regarding the subject
matter of these terms and conditions.
OUR ADDRESS
Ingenious Designs
3255 Trovare Court
San Jose,
CA 95135-2336, USA
Email:
support_id@discountguys.com
Copyright © 2005-2005
Ingenious Designs. All rights reserved.
Welcome to Ingenious Designs!