By using American Web Pioneers, and signing up as a client, you agree to be legally bound by these Terms and Conditions of Use, including those terms and conditions incorporated by reference. Please read these Terms and Conditions carefully. If you do not accept these Terms and Conditions, you may not use the American Web Pioneers, service. By placing any order with American Web Pioneers, a brand of Zibbletech you agree to all our terms, and it is your responsibility to read our terms. American Web Pioneers, may revise these Terms and Conditions at any time by updating this posting. You should visit this web page periodically to review the Terms and Conditions, because they are binding on you. In these Terms and Conditions, all services provided by and related to American Web Pioneers, and all text, images, photographs, user interface, "look" and "feel", data and other content included at https://www.americanwebpioneers.com/ from time to time (including, without limitation, the selection, coordination and arrangement of such content) are sometimes referred to as the "Web Site" and/or "Service".
You acknowledge and agree that American Web Pioneers, a brand of Zibbletech shall have the right (but not the obligation) in its sole discretion, to pre-screen, refuse or remove any project and/or user provided content that violates these Terms and Conditions or is otherwise objectionable, including, without limitation, projects or content that is illegal, obscene, indecent, defamatory, incites religious, racial or ethnic hatred, or violates the rights of others. Activity that is brought to our attention which appears in our sole judgment to violate the law will be brought to the attention of the proper authorities. You acknowledge, consent and agree that American Web Pioneers,. may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of American Web Pioneers, a brand of Zibbletech its users and the public.
(a) Description. American Web Pioneers, a brand of Zibbletech Service is an online service where individuals or entities that have signed up with American Web Pioneers, as clients (each, a "Client") can post specific assignments and project descriptions, including illustrative samples or other media (each, a "Creative Brief"), revise those Creative Briefs (each, a "Revision Brief") and obtain responses (each, a "Response") to those Creative or Revision Briefs from design experts retained by American Web Pioneers, ("Members"). American Web Pioneers, will provide you, as the Client, the Service according to the Package you have chosen as detailed in section 1(e) below. 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.
(b) Creative Brief and Responses. You are solely responsible for preparing and posting detailed descriptions of each of your Creative Briefs to the Web Site, including providing samples illustrating your Creative Brief and any relevant deadlines. For each Response to a Creative Brief that you want to receive, a term sheet (a "Term Sheet") will be generated that will contain, and be subject to, the terms and conditions you have established for the Creative or Revision Brief. American Web Pioneers, a brand of Zibbletech is under no obligation to review a Creative or Revision Brief or Term Sheet for any purpose, including accuracy, completeness of information, quality or clarity. American Web Pioneers, may decide, in its sole discretion, to deny a Creative or Revision Brief or a Term Sheet.
(c) Reviewing Responses. When American Web Pioneers, provides you with a Response, you are responsible for reviewing the Response. If you fail to promptly inform American Web Pioneers, that the Response is not reasonably responsive to the related Term Sheet or Creative Brief, you will be deemed to have accepted the Response. If you notify American Web Pioneers, a brand of Zibbletech that you think a Response is not reasonably responsive to the related Creative Brief, you shall then submit to the Web Site a Revision Brief containing information regarding amendments or modification to be made to the initial Response. After you provide American Web Pioneers, with a Revision Brief, American Web Pioneers, a brand of Zibbletech will provide you with a subsequent Response that conforms to the additional criteria you requested. American Web Pioneers, 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.
(d) Revision Cycles. Revision cycles generally consist of unlimited 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 honored and completed in a timely manner, however; American Web Pioneers, reserves the right to charge $50 for each such Revision. No revision work, which requires payment, will be started without your authorization.
(e) Packages. You may select from the following Service Packages: logo design packages Logo Startup Design Package | Logo Classic Design Package | Logo Premium Design Package | Logo Unlimited Design Package
(f) Client Accounts. When you register for the Service, you must pay for the Service via credit card, or other payment method authorized by American Web Pioneers,. You will be charged for the Package you have selected along with and additional products and/or services you select as add-ons. If you pay by credit card, you will be required to provide a valid credit card number and credit card billing address when registering as a client. American Web Pioneers, will email you a receipt for the transactions in which you are involved. Our fee policy for Clients may change and we may decide to impose additional fees on Clients at any time; however, such additional fees will not apply to projects submitted before American Web Pioneers, implements any such change in fees.
We provide revision depending upon the package you selected. Customers can ask us for unlimited free revisions and we will revise their design without any additional charges provided that the design and concept remains the same. Revision Turnaround Time would be 48 hours.
In any event, any deposited funds for a project shall not be subject to refund after delivery if the initial design concepts are approved, or a change is requested unless American Web Pioneers™ cancels or terminates your Contract for a reason other than your breach or non-performance.
(a) Responsibility for Content. American Web Pioneers, shall not be responsible for any use that is or is not made of the Web Site or the Service. Without limiting the foregoing, American Web Pioneers, a brand of Zibbletech 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, Term Sheets, Responses or User Identity) that are communicated through, or posted to, the Service, whether by Members, Clients, American Web Pioneers, or otherwise, nor does American Web Pioneers, a brand of Zibbletech endorse any opinions expressed by any user of the Web Site, including any Member or Client. Without limiting the foregoing, American Web Pioneers, 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, Term Sheet, Response or User Identity, communicated through the Service, or posted to the Web Site, 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. Photos / Images: American Web Pioneers, 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 American Web Pioneers, for the client. This includes websites, website templates, brochures, business cards, postcards, stationery, signage, animations, commercials, slogans, flyers, banners, stickers, promotional items, and/or desktop wallpapers.
(b) Links to Third-Party Services. The Web Site may contain links to third-party web sites or other services (the "Linked Content"). The Linked Content is not under the control of American Web Pioneers, and American Web Pioneers, is not responsible for the Linked Content, including, without limitation, links contained in the Linked Content, or any changes or updates to Linked Content. American Web Pioneers, is providing Linked Content to you only as a convenience, and the inclusion of such Linked Content is not an endorsement by American Web Pioneers, of such Linked Content. If you decide to access any Linked Content, you do so at your own risk.
(c) Disclaimer of Warranties. THE SERVICE AND THE RESPONSES ARE PROVIDED "AS IS." American Web Pioneers, MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE WEB SITE, INCLUDING ANY PART THEREOF, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE WEB SITE, INCLUDING ANY TERM SHEET, RESPONSE, USER IDENTITY OR LINKED CONTENT. American Web Pioneers, DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, American Web Pioneers, a brand of Zibbletech DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL
(d) Release from Claims. The Service serves solely as a venue for the creation of work and American Web Pioneers, does not regularly screen or censor any information or material posted to the Web Site. Although American Web Pioneers, makes commercially reasonable efforts to determine the identity of Clients, American Web Pioneers, cannot and does not confirm that any Client or other user is who they claim to be or that any Client or other user has the qualifications he or she claims to have. Because American Web Pioneers, does not and cannot be involved in user-to-user dealings or control the behavior of participants on the Web Site, if you have a dispute with one or more users, you hereby release American Web Pioneers, (and our affiliates, agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
(e) Indemnification. You hereby agree to defend, indemnify and hold harmless American Web Pioneers, and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from any action, claim, demand, or liability arising from or relating to your violation of any of these Terms and Conditions or use of the Web Site, and any expenses incurred in connection therewith, including, without limitation, reasonable attorneys' fees.
(f) Limitation of Damages. IN NO EVENT SHALL THE COMPANY OR ANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE WEB SITE, INCLUDING ANY PART THEREOF, OR THESE TERMS AND CONDITIONS OR ANY OTHER CONSENT (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) EVEN IF American Web Pioneers, OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. American Web Pioneers, a brand of Zibbletech ' TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL AMOUNT YOU PAID TO American Web Pioneers, FOR YOUR PACKAGE UNDER THESE TERMS AND CONDITIONS.
(g) Web Site Domain Name Registration (URL): American Web Pioneers, is not responsible for any domain name registration. American Web Pioneers, will only register your domain name once your project has entered the web site design department. American Web Pioneers, will not be responsible if your domain name has been registered after you have placed your order. It is your responsibility to secure your own domain name before you order our web design package. IN NO EVENT SHALL THE COMPANY OR ANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE WEB SITE, INCLUDING ANY PART THEREOF, OR THESE TERMS AND CONDITIONS OR ANY OTHER CONSENT (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) EVEN IF American Web Pioneers, OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. American Web Pioneers, a brand of Zibbletech ' TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL AMOUNT YOU PAID TO American Web Pioneers, FOR YOUR PACKAGE UNDER THESE TERMS AND CONDITIONS.
(a) Eligibility Requirements. To register as a client, you must be at least 18 years of age, agree to these Terms and Conditions and American Web Pioneers, privacy policy, and complete the registration procedure. By registering as a client, you represent and warrant that you meet these eligibility requirements, that the information you include as part of the registration process is complete and accurate and, if you are registering on behalf of an entity, that you are authorized to bind that entity to these Terms and Conditions. American Web Pioneers, may accept or reject your registration in its sole discretion.
(b) Authorization to Use; Permitted Uses. You may access and use the Service solely in accordance with these Terms and Conditions and any posted policies and procedures that appear on the Web Site. You may provide Creative Briefs and obtain Responses only if you register as a Client. Any use of the Web Site is at your sole risk and responsibility. Subject to these Terms and Conditions, you may
(c) Prohibited Uses. Except as expressly permitted in these Terms and Conditions, you may not display or print the Web Site and in no event may you broadcast, circulate, distribute, download, perform, publish, rent, reproduce, sell, store, transmit or create decorative works from the Web Site. Additionally, you agree to comply with all applicable laws (including, without limitation, any applicable export controls) in connection with your use of the Service, and with such further limitations or rules as may be set forth on the Web Site. Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Web Site that
(a) Web Site and Service Generally. Except as expressly contemplated under these Terms and Conditions, as between American Web Pioneers, a brand of Zibbletech and you, American Web Pioneers, will own all right, title and interest in and to all copyright, trademark, service mark, patent, trade secret or other intellectual property and proprietary rights in and to the Web Site and Service, in all media now known or later devised, to the fullest extent provided under Canadian and international law. You shall not remove, conceal or alter any copyright notice, by line information, disclaimer, restriction or other notice on the Web Site or any portion thereof. You shall not use or permit any third party to use the name, trademarks, trade names, or trade dress of American Web Pioneers, a brand of Zibbletech., including "American Web Pioneers, .", without the prior written consent of American Web Pioneers, , as determined in its sole discretion, for each such use.
(b) Creative and Response Briefs. 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"), American Web Pioneers, 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.
(c) Rights of American Web Pioneers, a brand of Zibbletech Upon your submission of Client Information to the Service, you grant American Web Pioneers, 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.
(d) Rights of Clients. Subject to your compliance with these Terms and Conditions, you shall own the final the Response composition provided to you by American Web Pioneers,. (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 American Web Pioneers, expressly reserves all right, title and interest in and to the same. You acknowledge and hereby grant to American Web Pioneers, 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 American Web Pioneers, a brand of Zibbletech Service. American Web Pioneers, retains the rights to all artwork concepts and other content not selected by you. You acknowledge that your ownership rights under these Terms and Conditions are limited to the Final Product, and that no trademarks or service marks in or to any Final Product are being conveyed under these Terms and Conditions. You hereby acknowledge that American Web Pioneers, 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 American Web Pioneers, shall have no responsibility or obligation of any kind to assist you in seeking state or federal intellectual property protection (i.e., without limitation, trademark or copyright registration) for the Final Product, nor shall American Web Pioneers, be responsible for otherwise assisting you in any way in your attempt to perfect your rights in or to the Final Product.
American Web Pioneers,. intends to use commercially reasonable efforts to follow its privacy policy; as such privacy policy may be changed from time to time at American Web Pioneers, ' sole discretion. Notwithstanding the foregoing, American Web Pioneers, cannot and does not assume any responsibility or liability for any information submitted to the Web Site or for the use or misuse of any information submitted by you or any other person, including, without limitation, any information accessed by a hacker or by any other malicious act.
By using the American Web Pioneers, Service, you agree to receive, via email or otherwise, status notifications, a monthly newsletter, and carefully selected special offers and promotions for certain products and services that we believe could be of value to our clients. This is essential to maintaining the low-cost of our services. You are free to unsubscribe from any newsletters we send to you at any time. American Web Pioneers, may or may not use a third party to send email or otherwise contact you, however, your personal identifying information will never be disclosed or shared with another party in a manner inconsistent with American Web Pioneers, ' privacy policy.
(a) Entire Agreement. These Terms and Conditions set forth the entire agreement and understanding of the parties with respect to the subject matter hereof and supersede any and all prior oral or written agreements and understandings, and any and all contemporaneous oral agreements and understandings (excluding any associated agreements required by American Web Pioneers, (e.g., privacy policy) as a condition precedent to Clients' use of the Service), between you and American Web Pioneers, regarding the subject matter of these Terms and Conditions.
(b) Amendment. No modification, amendment, or waiver of these Terms and Conditions or any part hereof shall be binding unless evidenced in writing and signed by American Web Pioneers,.
(c) Severability. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such provision shall be deemed null and void, but the remaining provisions shall continue in full force without being impaired or invalidated in any way.
(d) Mutual Participation. The language of these Terms and Conditions shall be deemed to be the language mutually chosen by the parties and no rule of strict construction shall be applied against or in favor of either party hereto.
(e) Headings. The section headings and other headings contained herein shall not affect the meaning or interpretation of these Terms and Conditions.
(f) Choice of Law; Forum. These Terms and Conditions shall be governed by the law of Quebec, without reference to any choice of law rules that would result in the application of the substantive law of any other jurisdiction. The parties agree that any disputes arising out of or relating to these Terms and Conditions shall be submitted to the federal courts having jurisdiction in Montreal Canada or courts having jurisdiction in the area in which such federal courts have jurisdiction, and the parties’ consent to the personal jurisdiction of such courts with respect to such disputes.
(g) Assignment. You may not assign or otherwise transfer (by operation of law or otherwise) any of your rights or duties hereunder unless American Web Pioneers, agrees in writing after receiving prior written notice. Any attempted assignment or other transfer without the requisite consent shall be null and void. American Web Pioneers, may assign or otherwise transfer any of its rights or the performance of any of its duties without your consent.
(h) Waiver. The waiver by American Web Pioneers, a brand of Zibbletech of a breach or a violation of any provision of these Terms and Conditions shall not operate as or be construed to be a waiver of any subsequent breach or violation of any provision of these Terms and Conditions.
(i) Independent Contractors. The parties and their respective personnel are and shall be independent contracts and neither party by virtue of these Terms and Conditions shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
(j) Force Majeure. If the performance of any part of these Terms and Conditions by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that such performance is prevented, hindered or delayed by such causes.
(k) Capacity. The parties hereby warrant and represent that they have all necessary rights and authority to execute these Terms and Conditions and to fulfill their obligations hereunder.
(l) Further Assurances. The parties hereto shall, at their own cost and expenses, execute and deliver such other documents, artwork, programming code and instruments and shall take such other action as may reasonably be required or appropriate to evidence or carry out the intent and purposes of these Terms and Conditions. Please Note: By placing an order with American Web Pioneers,, you are accepting all the above terms. It is your responsibility to read and understand our terms and conditions.
