TERMS AND CONDITIONS
AGREEMENT BETWEEN USER AND EBLANWORX.COM
Welcome to eblanworx.com. The eblanworx.com website (the "Site") is comprised of various web pages operated by Eblanworx. eblanworx.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of eblanworx.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Eblanworx.com is an E-Commerce Site.
Eblanworx, LLC provides custom personalized commissioned works of art, as such, refunds are not possible.
Eblanworx, LLC
Owns the copyright of any concepts and non-final artwork.
Owns the copyright of all working files.
Holds the license to all fonts, stock imagery & elements (unless otherwise stated)
All art pieces being returned for modification, adjustments, or for any other reason must be returned in the same manner in which they were shipped by Eblanworx, failure to do so will void any agreement and may incur repair charges to be paid by the client.
DORMANCY AND CANCELLATION
Once a deposit is received, you are in a contract with EBLANWORX LLC. Standard payment terms are 50% to secure a position in the work queue, unless otherwise agreed upon in writing; remainder will be due upon completion and before shipment. This may include crating and shipping costs, or may be billed separately, based on agreed upon terms in writing with the client.
If your project goes more than 30 days without communication on your end, and no prior arrangements have been made with us and agreed to, your project will be put on hold and all associated files will be archived. Once your project has been archived, a $500 reactivation fee is required to restart your project and your project will be scheduled into our current workflow where space is available.
If your project remains inactive for 30 days and is at completion, with final photos of the completed work sent to you, and no response, this contract will expire; no refunds will be available, and you will forfeit all deliverables associated with this contract. EBLANWORX LLC will take possession of the completed work, to keep, to sell, or to donate at their discretion.
ELECTRONIC COMMUNICATIONS
Visiting eblanworx.com or sending emails to Eblanworx constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
Eblanworx.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Eblanworx and Eblanworx is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Eblanworx is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Eblanworx of the site or any association with its operators.
Certain services made available via eblanworx.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the eblanworx.com domain, you hereby acknowledge and consent that Eblanworx may share such information and data with any third party with whom Eblanworx has a contractual relationship to provide the requested product, service or functionality on behalf of eblanworx.com users and customers.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
You are granted a non-exclusive, non-transferable, revocable license to access and use eblanworx.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Eblanworx that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Eblanworx or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Eblanworx content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Eblanworx and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Eblanworx or our licensors except as expressly authorized by these Terms.
INTERNATIONAL USERS
The Service is controlled, operated and administered by Eblanworx from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Eblanworx Content accessed through eblanworx.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Eblanworx, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Eblanworx reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Eblanworx in asserting any available defenses.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. EBLANWORX AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
EBLANWORX AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. EBLANWORX AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EBLANWORX AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF EBLANWORX OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
CHANGES TO TERMS
Eblanworx reserves the right, in its sole discretion, to change the Terms under which eblanworx.com is offered. The most current version of the Terms will supersede all previous versions. Eblanworx encourages you to periodically review the Terms to stay informed of our updates.
CONTACT US
Eblanworx welcomes your questions or comments regarding the Terms:
Email Address: john@eblanworx.com
Phone Number: (352) 598-0718
Effective as of January 01, 2021