Unless otherwise indicated, the Website is the property of Poised Media and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by Poised Media and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, foreign jurisdictions and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Poised Media’s express prior written permission. Poised Media reserves all rights in the Website, Content and Marks.
Notwithstanding Poised Media’s ownership of Submissions, as described in Paragraph 4 (“Client Feedback”), all design and original source files created on Client’s behalf (“Projects”) belong to Client, and Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause Poised Media to become the owner of a Project, in whole or in part, rather than Client, Poised Media irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation.
Client warrants that any and all materials provided to Poised Media as examples or as material to be incorporated into a project during the design process are owned by Client and do not infringe on or misappropriate any third party’s rights, including, but not limited to, all intellectual property rights and any right of publicity.
In the event that any Project incorporates fonts that are not owned by Poised Media and require a commercial license in order for Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), Poised Media will inform Client in writing that one or more Third-Party Fonts have been incorporated into the Project and that Client will need to purchase one or more licenses for the Third-Party Fonts from the rights-holder(s) of said Third Party Fonts in order to legally reproduce, distribute, or publicly display the Project. Said notice will include information sufficient for Client to identify which licenses are required and who to contact in order to purchase said licenses.
So long as Poised Media has informed Client of the incorporation of Third-Party Fonts as described above, Client assumes all responsibility for any consequences as a result of a failure by Client to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.
By using the Website, Client represents and warrants that:
Client shall not access or use the Website for any purpose other than that for which the Website is made available to the Client. The Website may not be used in connection with any commercial endeavors except those related to the work performed by Poised Media on behalf of the Client. Further, Client agrees to refrain from the following:
Client acknowledges and agrees that any questions, comments, suggestions or other feedback or submission (each a “Submission”) shall be the sole property of Poised Media and Poised Media is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. Poised Media shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to Client under Paragraph 2 (“Ownership of Materials”), and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment or compensation of or to the Client. Client agrees that it has the right to articulate and put forth the Submission and Client hereby waives all claims and recourse against Poised Media for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.
In the event Client wishes to terminate its relationship with Poised Media, Client shall provide Poised Media with written notice of its intent to terminate (“Client’s Notice”). Upon receipt of Client’s Notice by Poised Media, Poised Media shall cease all work to be performed on Client’s behalf and return Client’s most recent monthly installment payment remitted to Poised Media within 14-days of receipt of Client’s Notice.
In the event Client selected a plan or package with a term greater than thirty (30) days, Client shall only be entitled to a refund in an amount equal to one (1) monthly installment due under said plan or package. All refunds shall be transacted in the manner or with the currency or payment type used by Client to make such payment. Upon receipt of the refund by Client, any contractual or transactional relationship between the parties shall be of no further force or effect and shall be considered void and terminated.
Poised Media reserves the right to change, alter, modify, amend or remove anything or any content on the Website for any reason at its sole discretion. Poised Media reserves the right to modify or discontinue all or part of the Website without notice and without liability to Client.
Poised Media does not guaranty or warrant the Website will be available and accessible at all times. Issues with hardware, software or other items may result in interruption delays or errors beyond Poised Media’s control. Client agrees that Poised Media shall not be liable to Client for any loss, damage or inconvenience caused by Client’s inability to access or use the Website during any interruption in the connection or service.
The Website is provided on an as-is, as-available basis. Client agrees that its use of the Website and Services are at Client’s sole risk. Poised Media disclaims all warranties, express or implied, in connection with the Website and Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Poised Media makes no warranties or representations about the accuracy or completeness of the Website or any content thereon or content of any websites linked to the Website and Poised Media assumes no liability for any errors, mistakes or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, any unauthorized access to or use of Poised Media’s secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Website by any third party and/or any errors or omissions in 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 through the Website. Poised Media does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party either through the Website, a hyperlinked website or any website or mobile application featured in any advertising.
Poised Media and its directors, employees, members, independent contractors or agents shall not be liable to Client or any third party for any direct, indirect, consequential, incidental, special or punitive damages, including lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures or other damages or losses arising from Client’s use of the Website.
Client is solely responsible for all data transmitted to or that relates to any activity Client has undertaken using the Website. Poised Media shall have no liability to Client for any loss or corruption of any such data and Client hereby waives any right of action against Poised Media from any such loss or corruption.
Client hereby consents to receive electronic communications from Poised Media and Client agrees that all agreements, notices, disclosures and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing. Client hereby agrees to the use of electronic signatures, contracts, orders and other records, and to electronic delivery of notices, policies and records of transactions initiated or completed by Poised Media or through the Website. Client hereby waives 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.
Poised Media Pvt. Ltd.
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