TERMS &
CONDITIONS
THIS TERMS OF USE AGREEMENT (the “Agreement”) is a legally binding contract between Brian Crim Design and the client. It covers the use of Brian Crim Design's website (www.BrianCrim.com) and any related media.
A LEGAL DISCLAIMER
1. Website Ownership, Offering, and Binding Terms
This website is owned and operated by Brian Crim Design. These Terms set forth the terms and conditions under which you may use this website and services offered. This website offers visitors a subscription based graphic design service as well as a payment option for contract based graphic design services rendered by Brian Crim Design. By accessing or using Briancrim.com, you approve that you have read, understood, and agree to be bound by these Terms.
2. Ownership of Materials
All design files created for the client are owned by the client. The client has the sole ownership of the copyright for these projects. The client assures that any materials provided to Brian Crim Design during the design process are owned by the client and don't violate any third-party rights. Brian Crim Design reserves the right to showcase the client's design work publicly unless otherwise agreed upon, as stated in Section 16 of the Agreement.
3. Third-Party Fonts
If any project includes fonts not owned by Brian Crim Design, and these fonts require a commercial license for the client to legally use, Brian Crim Design will notify the client in writing. The client will need to purchase the necessary licenses from the rights-holder(s) of these third-party fonts to legally reproduce, distribute, or publicly display the project. The notice will provide enough information for the client to identify the required licenses and how to contact the rights-holder(s) for purchase. If Brian Crim Design has given this notice and the client fails to obtain the necessary licenses, the client is solely responsible for any consequences arising from this failure.
4. User Representations
When using the website, Brian Crim Design and client affirms and guarantees that:
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They have the legal capacity and will adhere to these Terms of Use.
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They won't access the website through automated or non-human methods.
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They won't use the website for illegal or unauthorized purposes.
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Their use of the website will not breach any applicable laws or regulations.
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They are at least 18 years of age.
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Their use of the website complies with Wix Payments: Prohibited Products and Services
5. Prohibited Activities
The client agrees to use the website only for its intended purpose, particularly for activities related to the work performed by Brian Crim Design on their behalf. The client must not engage in unauthorized actions, such as:
Making unauthorized use of the website.
Interfering with security features on the website.
Deleting copyright or other rights notices from content.
Using the website in violation of applicable laws, statutes, or regulations.
Brian Crim Design reserves to right to use and share the client feedback on digital channels including social media, website, etc. unless otherwise agreed upon. The Client reserves the right to issue an NDA between themselves and Brian Crim Design, which in turn would void the right of Brian Crim Design to share or discuss client's feedback publicly.
6. Client Feedback
Brian Crim Design has the right to watch for violations of these Terms of Use and can take legal action against client if there is a violation or if client breaks any laws. Brian Crim Design also has the right to limit or block the client's access to the website without notice if client is in violation of the Terms of Use.
7. Management and Oversite
By using Brian Crim Design's website and services, the client agrees to follow the Privacy Policy outlined below.
8. Privacy Policy
9. Returns and Refunds
Brian Crim Design may deny refunds at its discretion. Refund requests are assessed case by case. If a refund is deemed appropriate, a 10% fee is applied to cover and transaction/processing fees.
10. Modification
Brian Crim Design has the right to change, modify, or remove anything on the website at its discretion. Brian Crim Design can modify or discontinue the website without notice and without liability to the client.
Brian Crim Design does not guarantee continuous website availability. Issues beyond Brian Crim Design's control, such as hardware or software problems, may cause interruptions. Brian Crim Design is not liable for any loss or inconvenience caused by connection interruptions.
11. Connection Interruptions
The website is provided as-is. Brian Crim Design disclaims all warranties, and the client's use of the website is at their sole risk. Brian Crim Design is not responsible for errors, viruses, or the accuracy of content. Brian Crim Design does not endorse third-party products or services.
12. Disclaimer
Brian Crim Design and its affiliates are not liable for various damages arising from the client's use of the website. The client agrees to defend, indemnify, and hold Brian Crim Design harmless from claims, expenses, and losses related to their use of the website.
13. Limitations of Liability and Indemnification
The client is responsible for all data transmitted or related to their activities on the website. Brian Crim Design has no liability for any loss or corruption of such data.
14. User Data
The client consents to receive electronic communications and agrees to electronic signatures and records. The client waives any rights requiring non-electronic records.
15. Electronic communications, transactions and signatures
Brian Crim Design reserves to right to share design work on digital channels including social media, website, etc. unless otherwise agreed upon. The Client reserves the right to issue an NDA between themselves and Brian Crim Design, which in turn would void the right of Brian Crim Design to share or discuss Client's work publicly.
16. Showcasing Design Work
When subscribing to a subscription plan you are responsible for reading the full description of the plan before making a commitment to subscribe. You enter into a legally binding contract to purchase a subscription for at least the period of a month when you commit to subscribing and you complete the check-out payment process.
Your subscription plan information can be accessed from within your account at any time, including your payment method which you can update. You will be able to manage your plan from within your account as well, including the ability to cancel any time.
17. Cost of Service & Recurring Charges
For any questions or complaints regarding the Website, please contact Info@BrianCrim.com.
18. Contact Information
PRIVACY
POLICY
3. How information is collected
When you create an account or conduct a transaction on briancrim.com, as part of the process, personal information you give such as your name, address and email address is collected. Your personal information will be used for the specific reasons stated above only.
1. Information collection
Brian Crim Design gathers information you share on briancrim.com and collects details like your computer's IP address, login credentials, email, password, and purchase history. Brian Crim Design uses tools to track session details such as page response times and interactions. Additionally, Brian Crim Design collects personal details like your name, email, payment information, comments, feedback, reviews, recommendations, and personal profile.
Brian Crim Design collects such Non-personal and Personal Information for the following purposes:
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To provide and operate the Services;
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To provide Users with ongoing customer assistance and technical support;
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To be able to contact Visitors and Users with general or personalized service-related notices and promotional messages;
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To create aggregated statistical data and other aggregated and/or inferred Non-personal Information, which Brian Crim Design or it's business partners may use to provide and improve our respective services;
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To comply with any applicable laws and regulations.
2. Why information is collected
Brian Crim Design is currently hosted on the Wix.com platform. Wix.com provides Brian Crim Design with the online platform that allows the sale of products and services. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall.
All direct payment gateways offered by Wix.com and used by Brian Crim Deisgn adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by Brian Crim Design and its service providers.
4. Storing, using, sharing, and disclosing visitors' personal information
5. Communication with site visitors
Brian Crim Design may contact you to notify you regarding your account, to troubleshoot problems with your account, to resolve a dispute, to collect fees or monies owed, to poll your opinions through surveys or questionnaires, to send updates, or as otherwise necessary to contact you to enforce the User Agreement, applicable national laws, and any agreement Brian Crim Design may have with you. For these purposes Brian Crim Design may contact you via email, telephone, text messages, and postal mail.
Brian Crim Design is currently hosted on the Wix.com platform. Wix uses cookies for important reasons, such as:
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To provide a great experience for visitors and customers.
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To identify registered members (users who registered to Brian Crim Design).
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To monitor and analyze the performance, operation and effectiveness of Wix's platform.
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To ensure the Wix platform is secure and safe to use.
6. Cookie usage
If you don’t want Brian Crim Design to process your data anymore, please contact info@briancrim.com
7. Withdraw of consent
Brian Crim Deisgn reservs the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If changes are made to to this policy, you will see a notification listed here, so that you are aware of what information is collected, how it is used, and under what circumstances, if any, it's used and/or disclosed.
8. Privacy policy updates
9. Contact information
If you would like to: access, correct, amend or delete any personal information Brian Crim Design has collected, you can contact Brian Crim Design at info@briancrim.com
