1. Terms and acceptance
By accessing and using this website (the “Site”), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions of Use between ProNifty and you, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
This Site is controlled and operated by ProNifty, LLC (“ProNifty”) from its offices within the United States. ProNifty makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where its contents are illegal, is prohibited. Those who choose to access this site from locations outside the United States are responsible for compliance with all applicable laws.
2. IP Ownership / Use license
The material provided on this Site is protected by law, including without limitation, United States Copyright law. The copyright in all material provided on this Site is held by ProNifty. Except as expressly permitted by ProNifty, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of ProNifty or the copyright owner.
Permission is granted to you to download and use the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials.
You may not:
- Modify or copy the materials
- Use the materials for any commercial purpose, or for any public display (commercial or non-commercial)
- Attempt to decompile or reverse engineer any software contained on ProNifty’s website
- Remove any copyright or other proprietary notations from the materials
- Transfer the materials to another person or “mirror” the materials on any other server
This permission shall automatically terminate if you violate any of these restrictions and may be terminated by ProNifty at any time. Upon termination of your permission, you must destroy any downloaded materials in your possession whether in electronic or printed format. ProNifty reserves the right to terminate your account at any time for any reason.
The materials on this Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in the applicable laws and regulations. Use of the Site by the Government constitutes acknowledgment of ProNifty’s proprietary rights in them
THE MATERIALS ON PRONIFTY’S WEBSITE ARE PROVIDED “AS IS”. PRONIFTY MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, PRONIFTY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS INTERNET WEBSITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.
IN NO EVENT SHALL PRONIFTY OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION,) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON PRONIFTY’S INTERNET SITE, EVEN IF PRONIFTY OR A PRONIFTY AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF PRONIFTY UNDER THIS AGREEMENT EXCEED FIFTY DOLLARS ($50), REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT, OR OTHERWISE.
5. Revisions and data errata
The materials appearing on ProNifty’s web site could include technical, typographical, or photographic errors. ProNifty does not warrant that any of the materials on its web site are accurate, complete, or current. ProNifty may make changes to the materials contained on its web site at any time without notice. ProNifty does not, however, make any commitment to update the materials.
ProNifty has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by ProNifty of the site. Use of any such linked website is at the user’s own risk.
8. Governing law
Any claim relating to ProNifty’s web site shall be governed by the laws of the State of Massachusetts without regard to its conflict of law provisions.
10. Fees, refunds and No-Risk Guarantee
You agree to pay the fees, in such amount and for such billing frequency as specified during registration, in full prior to any obligation of ProNifty to perform under this Agreement. You further agree that, upon registering for the services through the Site, you authorize ProNifty to charge your method of payment (e.g. credit card) for the fee on each anniversary of your registration date, based upon your billing frequency (e.g. monthly, quarterly, annually). Payment of the fees shall be in such amounts and at such times as set forth by ProNifty through information provided to you and as authorized through the sign-up and registration process. Your account and access to the services provided via the Site may be suspended in the event of non-payment of applicable fees. You represent and warrant to ProNifty that such payment information is accurate and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.
You may cancel your subscription with ProNifty at any time. Upon cancellation, you will continue to have access to the ProNifty services through the end of your paid billing term. ProNifty may change its fees from time to time by posting the changes on the Site with 5 days’ prior notice, but with no advance notice required for temporary promotions or reductions in fees.
You may request a refund within the first 14 days of a purchase of any new subscription plan.
Beyond the 14 day window there are no refunds for partial subscription plans under any circumstance, including unused time on a plan.
Promotions, upgrades, and adjustments to existing plans are non-refundable.
You, the client are responsible to use ProNifty after payment.
11. Ownership, trademarks & provided assets
You own all graphics and files we create during any month paid in full. You will provide all content/copy to be used in our designs. You agree that any materials provided to are proofed and approved to be used in your designs and are not owned or trademarked by a different entity. You are responsible that any materials provided can be legally used in our designs. We are not liable for the materials you provide as it pertains to license or trademark issues and you represent to ProNifty that all materials provided do not infringe on the intellectual property rights of third parties.
You agree to indemnify, defend, and hold harmless ProNifty and its affiliates, officers, members, managers, agents, successors and assigns (the “Indemnified Parties”) from and against all claims, demands, liabilities, damages, and costs including, without limitation, its reasonable attorneys’ fees, arising out of or relating to (i) your breach of any of the terms of this Agreement, (ii) your use of the services provided pursuant to the Site, and (iii) infringement of third party’s intellectual property rights or other proprietary rights.
12. Don’t abuse
ProNifty is designed for the reasonable use of a single individual from a non-creative based small business. We are not meant to replace a full-time graphic designer – so use your common sense!
If we find that you are not in alignment with our model, sharing accounts/logins, violate our core values, or are abusing our services or team in any way, including using our services for illegal or adult/pornographic we reserve the right to cancel your account.
Your right to use the ProNifty services shall terminate upon your breach of any term of this Agreement.
13. Output files
While we do our best to minimize any mistakes, due to the nature of creative design we can not guarantee all files delivered will be 100% error free. Upon file delivery you agree to review and proof all files for any errors or omissions and notify our team if any changes/corrections are needed. We will do our best to rush any edits to correct the mistakes. ProNifty is not responsible or liable for any losses or expenses incurred from errors or omissions.
14. Sample work
By default, you agree to provide ProNifty with a non-exclusive right and license to publish your work in our portfolio, social media or other communication efforts. We will do our best to seek written permission before we post anything publicly. If you would like to revoke this right, please notify our team in writing to firstname.lastname@example.org.
16. Work and delivery output
While we can accept unlimited requests and revisions, our output volume depends on many factors, namely depending on the total request volume and complexity. We will do our best to work with you to accommodate any priority items and your timelines but our suggestion is to not use our service for time sensitive requests.
17. Creative rounds refined
A creative round is a measurement of creative output and what we are able to accomplish in a creative round depends on the complexity and total volume of your requests. A creative round begins when the request or revision is assigned to a designer. Requests or revisions will not be assigned if they unclear, vague or missing required assets and information. Normally any request or revision received before 7pm EST will be assigned that business day. These timelines may change due to the nature of our business as ultimately determined by ProNifty staff. We will make every attempt to deliver a request according to your timelines, however there is no guarantee.
18. Digital Millenium Copyright Act (DMCA)
In the event materials are made available to this Site by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site. If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
19. Review the knowledge base
Finally, you agree that you’ve reviewed and understand the content within our knowledge base outlining details on how our tool works and its scope of service.