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Thank you for visiting VisualRush. The VisualRush website has been made
available to you subject to your compliance with the terms and conditions
set forth below (the "TERMS & CONDITIONS"). Please read
this document carefully before accessing or using the VisualRush website.
By accessing or using this website, you are agreeing to be bound by the
TERMS & CONDITIONS. If you do not wish to be bound by the TERMS &
CONDITIONS, you may not access or use the website.
VisualRush will never sell your information
to any third party.
Time for Payment>>
All website invoices (and some print-graphics/layouts) shall be paid
50% deposit and 50% remainder is due on the final delivery of
product.
Default in Payment>>
There will be a late charge for any payments over 30 days late. The Client
shall assume responsibility for all collection of legal fees
necessitated by default in payment.
Changes>>
Buyer shall make additional payments for changes requested in original
assignment. However, no additional payment shall be made for changes
required to conform to the original assignment description.
Expenses>>
Buyer shall reimburse Artist for all expenses arising from this assignment
which would be agreed upon in advance, including the payment of any sales
taxes due on this assignment. Buyer’s approval shall be obtained
for any increases in fees or expenses that exceed the original estimate
by 10% or more.
Cancellation>>
In the event of cancellation by the buyer of this assignment, ownership
of all copyrights and the original artwork shall be retained by the Artist,
and a cancellation fee of 50% of total project will be payed by Buyer.
Additional expenses shall be paid by the Buyer.
Ownership of Artwork>>
VisualRush retains ownership of all original artwork unless specified
in written agreement.
Modifications>>
Modifications of the Agreement must be written and seperate from original
contract.
Acceptance of Terms>>
The signature of both parties shall evidence acceptance of these terms.
Electronic Communications>>
When you visit VisualRush or send e-mails to us, you are communicating
with us electronically, and thereby you are consenting to receive communications
from us electronically or by other means available. We will communicate
with you electronically, by telephone or by facsimile. It is further understood
that all agreements, notices, disclosures and other communications that
we provide to you electronically satisfy any legal requirement that such
communication be in writing.
Copyright and Licenses>>
The entire contents of this website, including but not limited
to: Text, graphics, logos, button icons, images and digital
downloads are all original designs and the property of VisualRush.
Our content, suppliers and clients on our site are protected
by Domestic and International copyright and trademark laws. You
may not modify, reproduce, republish, post, transmit, or distribute
any portion of the website contents without the prior express
written consent of VisualRush.
You may print or download portions
of the materials from various areas of this
website solely for your own non-commercial use provided that you agree
not to change or delete any copyright or proprietary notices from the
materials. If you believe any content appearing on our website constitutes
a copyright infringement of another parties
rights, please contact us immediately at
ryan@visualrush.com to
notify us of this infringement.
License and Website Access>>
VisualRush grants you limited license to access and make personal use
of this website and not to download (other than for page caching purposes)
or modify it, or any portion of it, except with the express written consent
of VisualRush. This website or any portion of this website may not be
reproduced, duplicated, adapted, copied, sold, resold, transmitted or
otherwise exploited for any commercial purpose without the express written
consent of VisualRush. You may not frame, or use any framing techniques
to enclose any trademark, logo, or other proprietary information (including
images, text, page layout, or form) of VisualRush without the express
written consent of VisualRush. You are hereby granted a limited, revocable,
and nonexclusive right to create a hyperlink to the home page of VisualRush
so long as the link does not portray any false, misleading, derogatory,
or otherwise offensive matter.
It is further understood and agreed that VisualRush cannot and does not
guarantee or warrant that files made available for downloading through
the VisualRush website will be free of infection or viruses, worms, Trojan
horses or other code that manifests contaminating or destructive properties.
It is your responsibility for implementing sufficient safeguards and procedures
to ensure that any files obtained through VisualRush are free from such
contaminations. However, we do our very best to fight viruses in many
ways that help prevent them from entering our site.
Disclaimer of Warranty/Limitation of Liability>>
VisualRush USES REASONABLE EFFORTS TO INCLUDE ACCURATE
AND UP-TO-DATE INFORMATION ON THIS WEBSITE. VisualRush ASSUMES NO LIABILITY
OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL ERRORS IN THE CONTENT OF THIS
SITE. IN THE EVENT THAT A PRODUCT IS LISTED AT AN INCORRECT PRICE OR WITH
OTHER INCORRECT INFORMATION, VisualRush SHALL HAVE THE RIGHT TO REFUSE
OR CANCEL ANY ORDERS PLACED FOR THE PRODUCT LISTED INCORRECTLY AND THE
50% DEPOSIT WILL BE RETURNED TO YOU.
Third Party Links
Linked websites are not under the control of VisualRush and VisualRush
is not responsible for the contents of any linked site or any link contained
in a linked site. VisualRush provides links to you only as a convenience,
and the inclusion of any link does not imply or constitute an endorsement
by VisualRush of the site.
Applicable Law
By visiting the VisualRush website, you agree that the laws of the state
of Indiana, without regard to principals of conflict of laws, will govern
these TERMS & CONDITIONS and any dispute of any sort that might arise
between you and VisualRush.
Disputes
Any dispute relating in ay way to your visit or access of the VisualRush
website or to the products or services you purchase through the VisualRush
website shall be submitted to binding arbitration in Vanderburgh County,
Indiana, except that, to the extent you have in any manner violated or
threatened to violate VisualRush' intellectual property rights, VisualRush
may seek injunctive or other appropriate relief in any state or federal
court in the state of Indiana, and you consent to exclusive jurisdiction
and venue in such courts. Arbitration under these TERMS & CONDITIONS
shall be conducted under the rules then prevailing of the American Arbitration
Association. The arbitrator's award shall be binding and may be entered
as a judgment in any court of competent jurisdiction. To the fullest extent
permitted by applicable law, no arbitration under these TERMS & CONDITIONS
shall be joined to an arbitration involving any other party subject to
these TERMS & CONDITIONS, whether through class arbitration proceedings
or otherwise.
Indemnification
You agree to indemnify, defend and hold harmless VisualRush, its officers,
directors, owners, partners, employees, agents, licensors, suppliers and
any third party information provider to the website from and against all
losses, expenses, damages and costs, including attorney's fees, resulting
from any violation of these TERMS & CONDITIONS (including negligent
or wrongful conduct) by you or your use and access of the VisualRush website.
International Use
Given the global nature of the Internet, you agree to comply with all
local rules including, without limitation, rules about the Internet, data,
e-mail, privacy, copyright, and trademark infringement. Additionally,
you agree to comply with all applicable laws regarding the transmission
of technical data exported from the United States or the country in which
you reside.
Other Provisions
VisualRush failure to insist upon or enforce strict performance of any
provision of these TERMS & CONDITIONS shall not be construed as a
waiver of any provision or right. Neither the course of conduct between
the parties nor trade practice shall act to modify any provision of these
TERMS & CONDITIONS. VisualRush may assign its rights and duties under
these TERMS & CONDITIONS to any party at any time without notice to
you. If any of these conditions shall be deemed invalid, void, or for
any reason unenforceable, that condition shall be deemed severable and
shall not affect the validity or enforceability of any remaining condition.
Any rights not expressly granted herein are reserved.
Request and Address
Please send notices by care of e-mail to:
ryan@visualrush.com
(or) by our Mailing Address:
VisualRush
532 Oriole Drive
Evansville, IN 47715
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