Terms of Service
First Published: March 01, 2018
Last Updated: April 26, 2022
AGREEMENT TO TERMS
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
INTELLECTUAL PROPERTY RIGHTS
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
All products are subject to availability. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
PURCHASES AND PAYMENT
We accept the following forms of payment:
– American Express
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. Your pricing will remain the same at the time you subscribe, even if we increase pricing for new users. If at any point we determine that we need to raise prices for new and existing subscribers, you will be notified 60 days in advance of the new pricing. All payments shall be in USD. Foreign currencies will be converted by your bank.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order.If your order is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per church, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
All payments are processed via Stripe, which is a payment service provider. We do not store Credit Card, Debit Card, or Checking Account information on any of our systems. All of your private financial information is secured. Stripe has been audited and certified as a PCI Level 1 service provider, which means it has to undergo an annual compliance report and routine security scans and tests. Stripe encrypts all customers’ credit card numbers and stores decryption information separately, which means Stripe can’t see credit card numbers without taking extra steps.
We offer a 30-day money-back guarantee if you find the service does not meet your needs. You must notify us in writing or via email at firstname.lastname@example.org before the end of your first 30-days. We will process a full refund at that point. Once you are past your first 30 days, a refund or partial refund will not be issued. You are not bound by a contract and can cancel anytime.
CREATIVE MEETING POLICY
With all of our graphic design packages, we offer regular Creative Meetings. These meetings are either quarterly, bi-monthly (occurring every two months), or monthly. They are 45-mins long and will be facilitated by your Creative Director. The frequency of your meetings is determined by the package level you have selected.
It is your responsibility to schedule your meetings. We will send out periodic email reminders if your church is past due on a creative meeting. However, we do not auto-schedule these meetings for you. This is an added benefit to the service we provide and is your responsibility to utilize it, as the meetings are not required. No discounts will be applied to your subscription for unused meetings. The link to schedule a creative meeting is located at the top of your project management dashboard.
Late Policy: If you do not join the Zoom Call within 15 mins of your scheduled time and you have not contacted your Creative Director to let them know you are running late, the meeting will be canceled and marked as a “No-Show”. It is your responsibility to reschedule a new meeting for another day/time that works for you.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Use the Site to advertise or offer to sell goods and services.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Engage in unauthorized framing of or linking to the Site.
- Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Attempt to impersonate another user or person or use the username of another user.
- Sell or otherwise transfer your profile.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- Delete the copyright or other proprietary rights notice from any Content.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Except as may be the result of the standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
- Terms of Service – By accessing and using Enduo Media’s website, you acknowledge, understand and agree to be bound by these Terms and Conditions of use between Enduo Media and you, all local, state & federal applicable laws and regulations, and agree that you are responsible for compliance with any applicable laws. If you do not agree with these terms in totality, you are prohibited from using or accessing this site. The contents of this website are protected by applicable copyright and trademark law. This Site is maintained and operated by Enduo Media, LLC (“Enduo Media”) within the United States. Enduo Media makes no claim or guarantee that materials in this website are appropriate or available for use outside of the United States and access to them from territories where its contents are illegal, is prohibited. If you choose to access this site from locations outside the United States, you are responsible for compliance with all applicable laws.
- IP Ownership / Use license – The content provided on this Site is protected by law, including without limitation, United States Copyright law. The copyright in all content provided on this Site is held by Enduo Media. 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 Enduo Media.
- Disclaimer – The content on Enduo Media’s website is provided “as is”. Enduo Media makes no warranties and hereby disclaims and negates all other warranties, including without limitation, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Enduo Media does not warrant or make any caims concerning the accuracy, likely results, or reliability of the use of the materials on its website
- Limitations – Enduo Media shall not be liable for any damages, loss or disruption arising out of the use or inability to use the content on Enduo Media’s internet site, even if Enduo Media has been notified orally or in writing of the possibility of such damage.
- Revisions and data errata – The contents appearing on Enduo Media’s website could include technical, typographical, or photographic errors. Enduo Media does not guarantee that any of the contents on its website are accurate, complete, or current. Enduo Media may make changes to the content on its website at any time without notice.
- Fees, refunds and No-Risk Guarantee – You agree to pay the monthly subscription fees, in such amount and for such billing frequency as specified during registration, in full prior to any obligation of Enduo Media to perform services under this Agreement. In addition, you agree that, after registering for the services of Enduo Media, you authorize Enduo Media to charge your method of payment for the monthly subscription fee. We will never charge your card for an additional amount without your prior authorization in writing. Payment of the subscription shall be in such amounts and at such times as set forth by Enduo Media through the sign-up and registration process. Your account and access to the services provided via Enduo Media’s website may be suspended in the event of non-payment of applicable fees. We will attempt to contact you for 3 days if your payment has been declined by your bank. If we are unable to process your payment, your subscription and use of our services will be paused until payment is processed. You represent and guarantee to Enduo Media that payment information is accurate and that you are authorized to use the payment instrument. You will maintain your account information if any changes (for example, a change in your billing address or credit card expiration date) that may occur. You may cancel your subscription with Enduo Media at any time. Upon cancellation, you will continue to have access to services through the end of your paid billing term plan. Refunds are only granted 30 days after the registration & Initiation of a new plan. There are no refunds for partial subscription plans under any circumstance, including unused time on a plan. Adjustments or upgrades to existing plans are non-refundable. You are responsible to use Enduo Media after payment.
- Ownership of trademarks & provided assets – You own all graphics and final files created by Enduo Media during any month paid in full. Conceptual designs that are not selected remain the property of Enduo Media, LLC. You will provide all content & direction to be used in Enduo Media’s designs. You agree that any content provided to us are not owned or trademarked by a different entity. You are responsible to ensure that any materials provided can be legally used in Enduo Media’s designs. Enduo Media is not liable for the materials you provide as it pertains to license or trademark issues and you guarantee to Enduo Media that all content provided to us by you does not infringe on the intellectual property rights of third parties. You are not permitted to resell graphics produced by Enduo Media, LLC. You agree to compensate and safeguard Enduo Media from and against any claims, demands, liabilities, damages, and costs including, without limitation, its reasonable attorneys’ fees due to your breach of any of the terms of this agreement, your use of the services provided pursuant to the Site and infringement of third party’s intellectual property rights or other proprietary rights.
- Abuse of Services – Enduo Media is designed for the reasonable use of a single church, congregation or church campus. You are not permitted to share accounts/logins outside of your unit. If we find that this occurs Enduo Media reserves the right to terminate your account.
- Delivered Files – We do our best to minimize mistakes however due to the nature of graphic design we can not guarantee all files delivered to you will be error-free. You agree that files delivered to you will be reviewed and approved by you. If there are any errors or omissions, you will notify your designated designer if any changes/corrections are needed. We will do our best to correct the mistakes promptly. Enduo Media is not liable for any losses incurred from errors or omissions.
- Sampling Created Designs – You agree that Enduo Media has a non-exclusive right and license to publish your work in our portfolio, social media or other communication efforts.
- Design Output – We accept unlimited requests and revisions, our output depends on 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 plan ahead so that you can maximize our service and we can provide you with a better experience. Your requests can be submitted anytime, however, if you submit a design request after 5pm (EST) or over a weekend, the project will not be assigned until the following business day. Our standard turnaround time is 2-3 business days. If a project is requested to be due sooner than that, we will try our best to support you but we cannot guarantee a faster turnaround. Please be aware of this when your request is time-sensitive. Additional Brokerage Fees If you (the client) request Enduo Media to place and coordinate printing or production orders with vendors, Enduo Media will charge a fee of 10% for the print coordination as part of your quote.
- Acknowledgment – Finally, you agree that you’ve read and understood the base outlining details on how our tool works and its scope of service.
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.
These terms shall be governed by and defined following the laws ofNorth Carolina and the United States of America.Enduo Media LLCand yourself irrevocably consent that the courts of North Carolina and the United States of Americashall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be one. The seat, or legal place, or arbitration shall be Charlotte, North Carolina, USA. The language of the proceedings shall be English. The governing law of the contract shall be the substantive law of North Carolina and the United States of America.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. The full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures, and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $50.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communication is in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Enduo Media, LLC