Terms of Service

EMERALD CITY MEDIA INC
TERMS OF SERVICE

Effective January 1, 2013
Updated April 05 , 2018

1) GENERAL TERMS

This web­site enables the order­ing of a vari­ety of prod­ucts and ser­vices designed to help your busi­ness grow, devel­op your sites pres­ence in the mar­ket­place, increase their rev­enue, growth and poten­tial. The terms we”, our”, and us” in this TERMS OF USE state­ment refer to EMERALD CITY MEDIA INC. and its affil­i­ates.

GENERAL TERMS AND CONDITIONS
By enter­ing into any con­tract or agree­ment with EMERALD CITY MEDIA INC. for prod­ucts and/or ser­vices to be pro­vid­ed by EMERALD CITY MEDIA INC., includ­ing, with­out lim­i­ta­tion, order­ing any prod­ucts or ser­vices through the EMERALD CITY MEDIA INC. web­site (here­inafter referred to as your Contract” with EMERALD CITY MEDIA INC.), you here­by agree to abide by, com­ply with, and be legal­ly bound by the poli­cies, terms, and con­di­tions here­inafter set forth (these TERMS AND CONDITIONS”).

For the pur­pose of these TERMS AND CONDITIONS, ref­er­ences to the prod­ucts and/or ser­vices pro­vid­ed by EMERALD CITY MEDIA INC. shall include, with­out lim­i­ta­tion, logos, designs, graph­ics or sim­i­lar mate­ri­als or infor­ma­tion, web­site design, con­tent cre­ation and oth­er design and mar­ket­ing ser­vices or oth­er devel­op­men­tal cod­ing ser­vices, and any and all future prod­uct or ser­vice offer­ings of EMERALD CITY MEDIA INC.

EMERALD CITY MEDIA INC. proud­ly uses lead­ing E-Commerce sys­tem for web­site Content Management Systems (CMS) and E-Commerce plat­form includ­ing pay­ment providers, proces­sors, and gate­ways. These providers were cho­sen for their qual­i­ty, con­sumer usabil­i­ty and ease of use, secu­ri­ty, and stream­lined ser­vice offer­ings. Your inter­ac­tions with and use of these ser­vices and fea­tures are gov­erned by the indi­vid­ual Privacy Policies and Terms of Service of each provider.
 — PayPal Terms of Service and Privacy Policy
 — Stripe Terms of Service and Privacy Policy

If you do not agree with any pro­vi­sion of these TERMS AND CONDITIONS, you should not order any prod­ucts or ser­vices from EMERALD CITY MEDIA INC. or enter into your Contract with EMERALD CITY MEDIA INC. These TERMS AND CONDITIONS are here­by incor­po­rat­ed by ref­er­ence into your Contract. To the extent that any pro­vi­sion of these TERMS AND CONDITIONS con­flicts with any pro­vi­sion of your Contract, the pro­vi­sion set forth here­in shall be deemed amend­ed so as to be con­sis­tent with the pro­vi­sions of your Contract.

EMERALD CITY MEDIA INC. reserves the right to mod­i­fy, amend, update, and change these TERMS AND CONDITIONS from time to time with­out notice. You are respon­si­ble for reg­u­lar­ly view­ing these TERMS AND CONDITIONS. You acknowl­edge and agree that EMERALD CITY MEDIA INC. shall not be liable to you or to any third par­ty for any mod­i­fi­ca­tion, amend­ment, sus­pen­sion, dis­con­tin­u­ance, or oth­er change to these TERMS AND CONDITIONS.

If any pro­vi­sion of these TERMS AND CONDITIONS are found by a court of com­pe­tent juris­dic­tion to be invalid or unen­force­able in whole or in part for any rea­son, the remain­der of the TERMS AND CONDITIONS shall remain valid and enforce­able.

All head­ings in this agree­ment are for con­ve­nience only and shall not affect the mean­ing of any pro­vi­sion here­of.

2) REFUNDS/CANCELLATION POLICY

EMERALD CITY MEDIA INC. will deter­mine, in its sole dis­cre­tion, whether you are enti­tled to any refund. Should you receive a refund, you will be refund­ed an amount, as out­lined below, less applic­a­ble ter­mi­na­tion and ser­vice fees. You agree that your accep­tance of the refund shall con­sti­tute your sole and exclu­sive rem­e­dy with respect to relat­ed Responses. Additionally, you acknowl­edge that you will have no right (express or implied) to use any Response or oth­er work prod­uct, con­tent, or media, nor will you have any own­er­ship inter­est in or to the same.

You may request a refund with­in twen­ty-four (24) hours of EMERALD CITY MEDIA INC. receiv­ing pay­ment for the project. A refund will be made by com­plet­ing the Refund Request Form, which will be pro­vid­ed to you upon request. Upon time­ly receipt of the com­plet­ed Refund Request Form, EMERALD CITY MEDIA INC. will refund the pay­ment made less Kill Fees” of thir­ty per­cent (30%) of the pay­ment or admin­is­tra­tive retain­er fee of $250.00, which ever is greater will apply . Termination charges apply where any ser­vices such as domains, serv­er set­up, SFTP are ini­ti­at­ed. Where ser­vices have com­menced deter­mined at the sole dis­cre­tion of Emerald City Media Inc., EMERALD CITY MEDIA INC. will refund the pay­ment made less Kill Fees” of thir­ty per­cent (30%) of the pay­ment or admin­is­tra­tive retain­er fee of $250.00, which ever is greater.

After the twen­ty-four (24) hour refund peri­od, the project will be con­sid­ered start­ed. At this point, you will be charged a ter­mi­na­tion fee of $750.00 CDN for BusinessPro Website projects, $1500.00 CDN for BusinessPro Premium Website projects, and $2750.00 CDN for BusinessPro E-Commerce projects, if ter­mi­nat­ed with­in the first twen­ty-four (24) months after pur­chase Any and all pay­ments made to EMERALD CITY MEDIA INC. are non-refund­able.

3) PAYMENT TERMS : RECURRING CHARGES AND ADDITIONAL FEES

Payment is due upon receipt. Payment required with­in three (3) busi­ness days. Account may be tem­porar­i­ly sus­pend­ed beyond the four­teen (14) day grace peri­od until pay­ment is received. Restoration of ser­vice may take up to sev­en­ty two (72) hours.

Recurring Charges and Additional Fees are sub­ject to change with­out notice.

Yearly/Annual Plans are defined as Services pre-paid in full for twelve (12) months of Service. This fee will be billed every twelve (12) months in per­pe­tu­ity or until ter­mi­nat­ed by the Client. Additionally, a one-time set-up fee may apply (see one-time set-up fee below).

Monthly Plans are defined as Services paid for on a month­ly basis. This fee will be billed every month in per­pe­tu­ity or until ter­mi­nat­ed by the Client. Additionally, a one-time set-up fee may apply (see one-time set-up fee below).

One-time Set-up Fee is defined as the one-time pay­ment for set-up of any gener­ic web­site, BusinessPro, BusinessPro Premium, or BusinessPro E-Commerce Website. This fee may be waived at the sole dis­cre­tion of EMERALD CITY MEDIA INC.

EMERALD CITY MEDIA INC. Complementary Modifications are pro­vid­ed to the Client, at the sole dis­cre­tion of EMERALD CITY MEDIA INC. , on an annu­al basis, and are depen­dent on the plan select­ed by the Client. Complementary Modifications can be applied to EMERALD CITY MEDIA INC. Services — such as web­site upgrades or redesigns. They have no cash val­ue and can­not be com­bined with any oth­er offer. Complementary Modifications val­ues can be changed at any time with­out notice.

You express­ly agree to these fees and give us autho­riza­tion to charge you for them on a recur­ring basis under­stand­ing that they are non-refund­able and non-trans­ferrable.

You can opt to add or remove web­site domains at any time, with a min­i­mum of one (1) web­site domain. In the event of a change of this nature, you will be billed for the dif­fer­ence in cost.

You will be billed auto­mat­i­cal­ly until explic­it­ly can­celled by you. Cancellation must be issued through Client Services. Should recur­ring fee ser­vices be can­celled, no pro-rat­ed refund or refund of any nature spe­cif­ic to those recur­ring fee ser­vices will be made.

It is not the respon­si­bil­i­ty of EMERALD CITY MEDIA INC. to pro­vide free sup­port for you in the use and oper­a­tion of EMERALD CITY MEDIA INC. Services. Re-pro­vi­sion of files, includ­ing but but not lim­it­ed to art­work, login/user ID infor­ma­tion, may be sub­ject to addi­tion­al fees.

If you pur­chase any Services that we offer for a Fee, you agree to EMERALD CITY MEDIA INC. stor­ing your pay­ment card infor­ma­tion with our secure, third par­ty ser­vice providers. You express­ly agree that we are autho­rized to charge you a Fee for any applic­a­ble Services billed on a year­ly or month­ly basis, and any applic­a­ble fees and tax­es in con­nec­tion with your use of the Services to the pay­ment card you pro­vide and to reim­burse us for any col­lec­tion costs and inter­est for any over­due amounts. If the pay­ment card you pro­vide expires and you do not pro­vide new pay­ment card infor­ma­tion or can­cel your account, you autho­rize us to con­tin­ue billing you and you agree to remain respon­si­ble for any uncol­lect­ed Fees.

4) WEBSITE CREATION TERMS OF SERVICE : OUR OBLIGATIONS

After you have sub­mit­ted all Website Content to us, pro­vid­ed you do not request addi­tion­al changes, mod­i­fi­ca­tions, cus­tomized designs or sim­i­lar work (“Custom Modifications”), we will cre­ate you a web­site (“Created Website”) with up to twen­ty (20) pages of pop­u­lat­ed con­tent and forty (40) BusinessPro E-Commerce prod­ucts that meets the require­ments pro­vid­ed by you to us (“Website Specification”).

EMERALD CITY MEDIA INC. reserves the right to refuse Service if any of the Website Content, or links from your web­site, which in our sole and absolute opin­ion, is deemed ille­gal, mis­lead­ing, or obscene, or is oth­er­wise in breach of our Terms of Use or Acceptable Use Policy. EMERALD CITY MEDIA INC. does not have a duty and does not gen­er­al­ly screen or edit con­tent or links orig­i­nat­ing from your web­site, but we reserve the right to mon­i­tor or to remove, with­out notice, any con­tent or links which, in our sole dis­cre­tion or upon order of a court or reg­u­la­to­ry agency, are in breach of our Terms of Use or Acceptable Use Policy.

As out­lined on the indi­vid­ual prod­uct pur­chas­ing pages of our web­site, you will receive the prod­ucts, ser­vices, and details described (“Scope of Work”). A Concept” means a unique idea or art­work pre­sen­ta­tion spe­cif­ic to an indi­vid­ual project. A Round of Revisions” means a one-time, con­sol­i­dat­ed list of request­ed changes sub­mit­ted to us by you. All changes request­ed out­side of this Round will be sub­ject to addi­tion­al charges.

YOUR OBLIGATIONS
Project Discovery” means all the infor­ma­tion we need to assess and inter­pret the needs and expec­ta­tions of your project. Website Content” means all con­tent or infor­ma­tion (includ­ing, with­out lim­i­ta­tion, any text, music, sound, pho­tographs, video, graph­ics, data, or soft­ware), trade­marks, trade names, trade styles, logos and oth­er intel­lec­tu­al prop­er­ty in any medi­um, pro­vid­ed by you to us. Website Design” means the web­site design lay­out or tem­plate select­ed by you.

You agree to deliv­er the Project Discovery and Website Content fol­low­ing the date you sign up for the Services (“Website Content Delivery Period”). At the time that your Website Content and Project Discovery have been sub­mit­ted, your project will start. Until the time that your Project Discovery is received, the project will remain halt­ed and all work will cease until which time the Project Discovery has been pro­vid­ed to us by you. The Services will not be con­sid­ered com­plete and the Created Website will not be made live until the Website Content has been sub­mit­ted. EMERALD CITY MEDIA INC. will facil­i­tate the ini­tial Website Content pop­u­la­tion of up to twen­ty (20) pages and forty (40) prod­ucts ; you will be respon­si­ble for any fur­ther Website Content pop­u­la­tion.

Following the date that the Created Website is deliv­ered to you (“Live”), you will be sole­ly respon­si­ble for all revi­sions and alter­ations to the Created Website. If you request Custom Modifications or revi­sions after the Created Website is live, we will com­plete these requests for you at a time des­ig­nat­ed by us and at a cost invoiced to you for time and fees incurred.

You will use the Created Website as one web­site only, dis­played at a sin­gle IP address for the sin­gle pur­pose spec­i­fied in the Website Specification. You are respon­si­ble for the Website Content, includ­ing with­out lim­i­ta­tion, its accu­ra­cy and truth­ful­ness and for ensur­ing that it does not con­tain any spelling or gram­mat­i­cal errors or infringe upon the rights of any third par­ty. This applies for con­tent cre­at­ed by us for inclu­sion on the Created Website. You will review and approve such con­tent cre­at­ed by us at your direc­tion and on your behalf. You agree not to store, link to, trans­mit, adver­tise or make avail­able any Website Content that is ille­gal, mis­lead­ing, or obscene, or is oth­er­wise in breach of our TERMS OF USE or ACCEPTABLE USE POLICY.

NOTWITHSTANDING ANYTHING IN THIS AGREEMENT, THE WEBSITE CONTENT IS YOUR SOLE RESPONSIBILITY. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EMERALD CITY MEDIA INC. ENTITIES FROM ANY AND ALL CLAIMS, INCLUDING WITHOUT LIMITATION, MISAPPROPRIATION OF ANY COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, DATA, MUSIC, IMAGE, OR OTHER PROPRIETARY OR PROPERTY RIGHT, FALSE ADVERTISING, UNFAIR COMPETITION, DEFAMATION, BUSINESS OR PERSONAL DISPUTE OR ARGUMENT, INVASION OF PRIVACY OR RIGHTS OF CELEBRITY, VIOLATION OF ANY ANTI-DISCRIMINATION LAW OR REGULATION, OR ANY OTHER RIGHT OF ANY PERSON OR ENTITY, OR ANY PERSONAL OR BUSINESS ARGUMENT OR DISPUTE LOSSES, DAMAGES, LIABILITIES, JUDGEMENTS, OR SETTLEMENTS, INCLUDING REASONABLE LEGAL FEES, COSTS, AND OTHER EXPENSES INCURRED BY US AND ANY EMERALD CITY MEDIA INC. ENTITIES, RELATED TO OR IN CONNECTION WITH THIS AGREEMENT. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

If you require sup­port from us at any time, please con­tact your EMERALD CITY MEDIA INC. Client Services.

TERMINATION

If your Payment Account provider refus­es pay­ment of fees or charges or you refuse autho­riza­tion for same, or if pay­ment for EMERALD CITY MEDIA INC. Services is more than fif­teen days over­due.

You acknowl­edge and agree that once the ser­vice is ter­mi­nat­ed your web­site will be held in abeyance for a max­i­mum of thir­ty (30) days, if you fail to pay us amounts due and payable here­un­der. If the amounts due and payable here­un­der are not paid by the end of the abeyance peri­od, your web­site includ­ing all data bases and email accounts will be per­ma­nent­ly delet­ed. EMERALD CITY MEDIA INC. will not be respon­si­ble for any errors, loss of infor­ma­tion or any oth­er mishap that may occur fol­low­ing non-pay­ment. Retrieval of the web­site from the abeyance sta­tus will be on a best-effort basis. Users vis­it­ing your web­site dur­ing the hia­tus peri­od will view an error or sub­sti­tute mes­sage win­dow until the amounts due and payable here­un­der have been paid.

You acknowl­edge and agree that upon ter­mi­na­tion of your Website Services, EMERALD CITY MEDIA INC. will deliv­er to you the Website Content and files on a best-effort basis. EMERALD CITY MEDIA INC. will not be respon­si­ble for any errors, loss of infor­ma­tion or any oth­er mishap that may occur, includ­ing but not lim­it­ed to file com­pat­i­bil­i­ty. You addi­tion­al­ly express­ly acknowl­edge and agree to a File Transfer Fee, as deter­mined on a per-account basis by Client Services.

WARRANTY
You acknowl­edge that EMERALD CITY MEDIA INC. does not war­rant unin­ter­rupt­ed or error free Service and that EMERALD CITY MEDIA INC. does not war­rant the con­tent, avail­abil­i­ty, accu­ra­cy or any oth­er aspect of any infor­ma­tion includ­ing, with­out lim­i­ta­tion, the accu­ra­cy of spelling or gram­mar, all data, files, the Website Content and all oth­er infor­ma­tion or con­tent in any form or of any type, acces­si­ble or made avail­able to or by you or its end users through the use of the Service. EMERALD CITY MEDIA INC. shall be per­mit­ted from time to time to inter­rupt the Services in order to pro­vide main­te­nance to the Service.

LIMITATION OF LIABILITY
YOU AGREE THAT EMERALD CITY MEDIA INC.’S LIABILITY AND YOUR EXCLUSIVE REMEDY RELATED TO NON-PERFORMANCE OF THE SERVICE SHALL BE : (I) REPAIR OR ADJUSTMENT OF THE SERVICE, OR (II) WHERE REPAIR OR ADJUSTMENT IS NOT PRACTICABLE, AN EQUITABLE CREDIT NOT TO EXCEED THE CHARGES INVOICED TO YOU FOR THE PORTION OF THE SERVICE WHICH WERE NON-PERFORMING.

PROPRIETARY RIGHTS
You grant to EMERALD CITY MEDIA INC. , for the term of this Agreement, a non-exclu­sive, world­wide, roy­al­ty-free license to use, repro­duce and dis­play the Created Website and all Website Content in con­nec­tion with the pro­vi­sion of the Service.

5) LOGO DESIGN AND BRANDING TERMS OF SERVICE : OUR OBLIGATIONS
The Service pro­vides indi­vid­u­als or enti­ties that have signed up (each, a Client”) the option to use a sys­tem to post spe­cif­ic assign­ments and project descrip­tions (each, a Project”), includ­ing illus­tra­tive sam­ples or oth­er media (each, a Creative Brief”), revise those Creative Briefs (each, a Revision Brief”) direct­ly or indi­rect­ly with a Client Services and obtain respons­es (each, a Response”) to those Creative or Revision Briefs from design experts retained by EMERALD CITY MEDIA INC. (“Members”). EMERALD CITY MEDIA INC. will pro­vide you, as the Client, the Service accord­ing to the prod­uct pur­chased. Your Responses will be cre­at­ed iter­a­tive­ly through a draft­ing cycle of Creative Briefs, Revision Briefs and Responses, ulti­mate­ly result­ing in a final Response con­form­ing to your var­i­ous Creative and Revision Briefs. Project Discovery” means all the infor­ma­tion we need to assess and inter­pret the needs and expec­ta­tions of your project.

As out­lined on the indi­vid­ual prod­uct pur­chas­ing pages of our web­site, you will receive the prod­ucts, ser­vices, and details described (“Scope of Work”). A Concept” means a unique idea or art­work pre­sen­ta­tion spe­cif­ic to an indi­vid­ual project. A Round of Revisions” means a one-time, con­sol­i­dat­ed list of request­ed changes sub­mit­ted to us by you. All changes request­ed out­side of this Round will be sub­ject to addi­tion­al charges.

You agree to deliv­er the Project Discovery fol­low­ing the date you sign up for the Services (“Project Discovery Period”). At the time that your Project Discovery has been sub­mit­ted, your project time­line will start. Until which time that your Project Discovery is received, the project will remain halt­ed and all work will cease until which time the Project Discovery has been pro­vid­ed to us by you.

EMERALD CITY MEDIA INC. reserves the right to refuse Service or remove con­tent if any project, which in our sole and absolute opin­ion, is deemed ille­gal, mis­lead­ing, or obscene, or is oth­er­wise in breach of our TERMS OF USE or ACCEPTABLE USE POLICY. EMERALD CITY MEDIA INC. does not have a duty and does not gen­er­al­ly screen or edit projects, but we reserve the right to mon­i­tor or to remove, with­out notice, any project which, in our sole dis­cre­tion or upon order of a court or reg­u­la­to­ry agency, are in breach of our Terms of Use or Acceptable Use Policy.

EMERALD CITY MEDIA INC. does not guar­an­tee that your logo will not have sim­i­lar­i­ties to logos designed by us for our oth­er cus­tomers. Apart from your logo as a whole, you obtain no right or claim of any kind to any indi­vid­ual design ele­ment or ele­ments of the logo and we reserve the right to use one or more of the design ele­ments in oth­er logo design projects for oth­er cus­tomers.

You will own the final prod­uct but will not own any mate­ri­als, media or oth­er con­tent gen­er­at­ed dur­ing any revi­sion cycles lead­ing up to the final prod­uct and we express­ly reserve all right, title and inter­est in and to the same. You acknowl­edge and here­by grant us a roy­al­ty-free, irrev­o­ca­ble, exclu­sive, world­wide right to use cre­ative and revi­sion briefs, indi­vid­ual respons­es pro­vid­ed to you, and the final prod­uct for inter­nal and archival pur­pos­es and to dis­play and pro­mote our logo design Services.

Where graph­ics, text, tag lines, slo­gans, coined word(s), phras­es, mar­ket­ing names and ter­mi­nolo­gies, busi­ness ideas, mar­ket­ing, adver­tise­ments, ban­ners, cre­ative work of any type, graph­ic or text, ideas, intel­lec­tu­al ideas for advance­ment not of client source includ­ing files or doc­u­ments pro­vid­ed by the client, here­in referred to as Ideas” devel­oped by Emerald City Media Inc for use on any site bear­ing “™” are for busi­ness cre­ation and oppor­tu­ni­ties while a client of Emerald City Media Inc. shall remain the prop­er­ty of Emerald City Media Inc. or the orig­i­nal author/creator/designer intel­lec­tu­al prop­er­ty unless specif­i­cal­ly trans­ferred in writ­ing to said client for use on the web site, dig­i­tal­ly and/or in print upon receipt of full pay­ment. Emerald City Media Inc. or author retain all copy­right and intel­lec­tu­al prop­er­ty rights.

YOUR OBLIGATIONS
You are sole­ly respon­si­ble for prepar­ing and sub­mit­ting detailed descrip­tions of each of your Creative Briefs to your Client Services, includ­ing pro­vid­ing sam­ples illus­trat­ing your Creative Brief and any rel­e­vant dead­lines. EMERALD CITY MEDIA INC. is under no oblig­a­tion to review a Creative or Revision Brief for any pur­pose, includ­ing accu­ra­cy, com­plete­ness of infor­ma­tion, qual­i­ty or clar­i­ty. EMERALD CITY MEDIA INC. may decide, in its sole dis­cre­tion, to deny a Creative or Revision Brief.

When EMERALD CITY MEDIA INC. pro­vides you with a Response, you are respon­si­ble for review­ing the Response. If you fail to prompt­ly inform EMERALD CITY MEDIA INC. that the Response is not rea­son­ably respon­sive to the relat­ed Creative Brief, you will be deemed to have accept­ed the Response. If you noti­fy EMERALD CITY MEDIA INC. that you think a Response is not rea­son­ably respon­sive to the relat­ed Creative Brief, you shall then sub­mit to Client Services a Revision Brief con­tain­ing infor­ma­tion regard­ing amend­ments or mod­i­fi­ca­tion to be made to the ini­tial Response. After you pro­vide EMERALD CITY MEDIA INC. with a Revision Brief, EMERALD CITY MEDIA INC. will pro­vide you with a sub­se­quent Response that con­forms to the addi­tion­al cri­te­ria you request­ed. EMERALD CITY MEDIA INC. is not respon­si­ble for the con­tent of Responses devel­oped to the extent that such Responses are pre­pared to con­form to your Creative or Revision Briefs.

Revision cycles gen­er­al­ly con­sist of three (3) addi­tion­al com­po­si­tions that incor­po­rate changes you request in a Revision Brief. The pur­pose of the revi­sion process is to cre­ate Responses that move your project for­ward in the spe­cif­ic direc­tion you have deter­mined. You may request sig­nif­i­cant changes in the first and sec­ond cycles, and the Responses gen­er­at­ed might be quite dif­fer­ent in nature from the orig­i­nal com­po­si­tion you select­ed. By the third revi­sion request, your requests shall be mod­i­fi­ca­tions of the cur­rent com­po­si­tion only. Revision requests that depart from the then-cur­rent com­po­si­tion will be hon­oured and com­plet­ed in a time­ly man­ner, how­ev­er ; EMERALD CITY MEDIA INC. reserves the right to charge addi­tion­al fees for each such Revision. No revi­sion work, which requires pay­ment, will be start­ed with­out your autho­riza­tion.

You agree to pro­vide time­ly respons­es to any sta­tus noti­fi­ca­tions that EMERALD CITY MEDIA INC. sends to you. EMERALD CITY MEDIA INC. reserves the right, in its sole dis­cre­tion, to ter­mi­nate your access to all or a por­tion of the Service, at any time, with or with­out notice.

EMERALD CITY MEDIA INC. is only pro­vid­ing logo design/branding 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 or oth­er suit­able pro­fes­sion­al regard­ing whether or not the logo is legal­ly avail­able for your use and infringes the rights of any third par­ty.

TERMINATION
Customer may can­cel their ser­vice at any time ; how­ev­er, you shall for­feit the right to any refund, in whole or in part, as out­lined above. Refunds are only avail­able to the actu­al Client for whom the logo was cre­at­ed. No refund is avail­able for design firms or for those who order our design ser­vices on behalf of anoth­er enti­ty.

Upon ces­sa­tion of ser­vices with Emerald City Media Inc. all said intel­lec­tu­al prop­er­ty will be removed from the Client site at own­ers expense and here­in sub­ject to nor­mal billing rates. Any site mod­i­fi­ca­tions sub­se­quent to ter­mi­na­tion of ser­vices and removal of said Ideas” is the respon­si­bil­i­ty and expense of the Client. The Client for­feits all rights and claims to any and all intel­lec­tu­al prop­er­ty and copy­right of said ser­vices.

In the event of ter­mi­na­tion, EMERALD CITY MEDIA INC. will deter­mine, in its sole dis­cre­tion, whether you are enti­tled to any refund. Should you receive a refund, you will be refund­ed the total amount paid less applic­a­ble ter­mi­na­tion and ser­vice fees. You agree that your accep­tance of the refund shall con­sti­tute your sole and exclu­sive rem­e­dy with respect to relat­ed Responses. Additionally, you acknowl­edge that you will have no right (express or implied) to use any Response or oth­er work prod­uct, con­tent, or media, nor will you have any own­er­ship inter­est in or to the same.

WARRANTY
EMERALD CITY MEDIA INC. makes no rep­re­sen­ta­tions, war­ranties or covenants regard­ing, and does not guar­an­tee, the truth­ful­ness, accu­ra­cy, or reli­a­bil­i­ty of any infor­ma­tion or oth­er mate­r­i­al (includ­ing, with­out lim­i­ta­tion, any Creative Brief or Responses) that are com­mu­ni­cat­ed through, or post­ed to, the Service, whether by Members, Clients, EMERALD CITY MEDIA INC. or oth­er­wise, nor does EMERALD CITY MEDIA INC. endorse any opin­ions expressed by any user of the Website, includ­ing any Member or Client. Without lim­it­ing the fore­go­ing, EMERALD CITY MEDIA INC. makes no rep­re­sen­ta­tions, war­ranties or covenants regard­ing the valid­i­ty of the rights to Responses grant­ed pur­suant to these TERMS AND CONDITIONS. You acknowl­edge that any reliance on infor­ma­tion or oth­er mate­r­i­al, includ­ing, with­out lim­i­ta­tion, any infor­ma­tion relat­ed to a par­tic­u­lar Package or your project or Response, com­mu­ni­cat­ed through the Service, or post­ed to the Website, will be at your own risk. Without lim­it­ing the fore­go­ing, you agree and acknowl­edge that you use each Response at your own risk and that you are respon­si­ble for tak­ing any actions you deem rea­son­able to deter­mine whether your use of a Response will infringe any statu­to­ry or third-par­ty intel­lec­tu­al prop­er­ty, pri­va­cy or pub­lic­i­ty rights. EMERALD CITY MEDIA INC. shall not be respon­si­ble for any use of pho­tos that are not roy­al­ty free. It is the clients respon­si­bil­i­ty to pur­chase and pay for all rights to use any pho­tos, images, graph­ics, icons, logos, and/or designs for any designs cre­at­ed by EMERALD CITY MEDIA INC. for the client. This includes web­sites, web­site tem­plates, dig­i­tal mar­ket­ing, brochures, busi­ness cards, sta­tionery, fly­ers, pro­mo­tion­al items, etc..

PROPRIETARY RIGHTS
Upon sub­mis­sion of a Creative or Response Brief or any oth­er infor­ma­tion or media pro­vid­ed by you in con­nec­tion with your use of the Service (col­lec­tive­ly, the Client Information”), EMERALD CITY MEDIA INC. and its agents shall have all rights and licens­es nec­es­sary to use such Client Information for the pur­pose of obtain­ing Responses and for archival pur­pos­es. Each Member to whom your project is made avail­able has the right to review and dis­play the rel­e­vant Term Sheet for pur­pos­es of prepar­ing a Response.

Upon your sub­mis­sion of Client Information to the Service, you grant EMERALD CITY MEDIA INC. a roy­al­ty-free, per­pet­u­al, irrev­o­ca­ble, sub-licens­able, exclu­sive, world­wide right (includ­ing any moral rights) and license to use, repro­duce, mod­i­fy, adapt, pub­lish, trans­late, cre­ate deriv­a­tive works from, dis­trib­ute, com­mu­ni­cate to the pub­lic, per­form and dis­play (in whole or in part), and/or incor­po­rate in oth­er works, in any form, media, or tech­nol­o­gy now known or lat­er devel­oped, such Client Information, for the full term of any intel­lec­tu­al prop­er­ty rights that may exist in such Client Information to the extent nec­es­sary to pro­vide you with the Service and Responses.

Subject to your com­pli­ance with these TERMS AND CONDITIONS, you shall own the final Response com­po­si­tion pro­vid­ed to you by EMERALD CITY MEDIA INC. . (the Final Product”). You shall not, how­ev­er, own any mate­ri­als, media or oth­er con­tent gen­er­at­ed dur­ing any revi­sion cycles lead­ing up to the Final Product, and EMERALD CITY MEDIA INC. express­ly reserves all right, title and inter­est in and to the same. You acknowl­edge and here­by grant to EMERALD CITY MEDIA INC. a roy­al­ty-free, irrev­o­ca­ble, exclu­sive, world­wide right to use Creative and Revision Briefs, indi­vid­ual Responses pro­vid­ed to you, and Final Product for inter­nal and archival pur­pos­es, and in order to dis­play and pro­mote the Service. EMERALD CITY MEDIA INC. retains the rights to all art­work con­cepts and oth­er con­tent not select­ed by you. Should you use any alter­na­tive Creative Concept, with­out the express per­mis­sion of EMERALD CITY MEDIA INC. , we reserve the right to charge you an Additional Concept” Fee as out­lined on our web­site. You acknowl­edge that your own­er­ship rights under this agree­ment are lim­it­ed to the Final Product, and that no trade­marks or ser­vice marks in or to any Final Product are being con­veyed under this agree­ment. You here­by acknowl­edge that EMERALD CITY MEDIA INC. shall have no oblig­a­tion or duty to per­form trade­mark, ser­vice mark or copy­right search­es or inquiries, or the like, in order to val­i­date the pro­pri­ety or legal­i­ty of the Final Product. Accordingly, you are encour­aged to per­form your own inde­pen­dent search­es with regard to the Final Product. Furthermore, you acknowl­edge that EMERALD CITY MEDIA INC. shall have no respon­si­bil­i­ty or oblig­a­tion of any kind to assist you in seek­ing provin­cial or fed­er­al intel­lec­tu­al prop­er­ty pro­tec­tion (i.e., with­out lim­i­ta­tion, trade­mark or copy­right reg­is­tra­tion) for the Final Product, nor shall EMERALD CITY MEDIA INC. be respon­si­ble for oth­er­wise assist­ing you in any way in your attempt to per­fect your rights in or to the Final Product.

6) MISCELLANEOUS

Any dis­agree­ments over the inter­pre­ta­tion of this agree­ment will be resolved through bind­ing, infor­mal arbi­tra­tion. Both CLIENT and EMERALD CITY MEDIA INC. agree to hire a non-involved attor­ney, sub­mit up to five pages of mate­r­i­al to state our case, and abide by her/his deci­sion.

7) SPECIAL OFFERS TERMS & LIMITED TIME OFFERS

All offers are sub­ject to change with­out notice.