Terms & Conditions – Products

SUMMARY
DEFINITIONS
GOVERNING LAW
CONFIDENTIAL INFORMATION
PAYMENT
CLIENT RESPONSIBILITIES
ADDITIONS & CHANGES
TERM
ACCEPTANCE
CREDIT
ARCHIVE
PARTIES RELATIONSHIP
REPRESENTATIONS
INDEMNIFICATION
LIMITATION OF LIABILITY
DISPUTE RESOLUTION
TERMINATION
WAIVER
MODIFICATION
NOTICES
FORCE MAJEURE
PARTS
PROCESS
LICENSE & USAGE
LIQUIDATION

DEFINITIONS
AGREEMENT: This entire Terms & Conditions and the Features of your purchased Product(s).
FEATURES: The tabbed descriptions detailing Package provisions on each Product page.
PACKAGE: The chosen price tier – Basic, Plus, Pro or Stellar – of a Product.
CRITERIA: Client’s list of requirements confirmed before starting the Process.
PARTS: Client content, e.g. images and text, provided for the creation of Product(s).
CONCEPTS: Initial design drafts presented to Client to confirm a creative direction.
PROCESS: Master files and preliminary work created by Candymuse.com for development.
PRODUCT: Design services resulting in a commercial form for a designated use.

GOVERNING LAW: This Agreement shall be in accordance with the laws of the United States and the state of California without regard to any other jurisdiction’s conflicting law provisions.

CONFIDENTIAL INFORMATION: Each party, its agents and employees will keep in strict confidence Confidential Information, unless necessary to create Product(s) and except as required by a government authority.

PAYMENT:
a) METHODS: Accepted forms are bank transfer, cash in person, check, credit card through PayPal and money order.
b) DEPOSIT: Product(s) require a 50% deposit to start design.
c) FINAL: Final payment is due prior to delivery of your finished Product(s).
d) TAX: Service based Products are not taxable. When printing or materials are used, sales tax is included in the price.
e) SHIPPING: Initial domestic delivery costs are included in the price of the Product. Upon a cancellation these costs, including upgraded shipping fees, are not refundable and return shipping fees are the customer’s responsibility.
f) INTERNATIONAL: Out of United States export taxes and shipping will be added to the final invoice.
g) SCHEDULE: Rush or Emergency Product turnaround may be available for an additional fee.
h) MASTER FILES: Process works are available for 100% of the purchased Product(s) base fee ( see PROCESS ).
i) SOCIAL TRAFFIC: Payable in advance and in full for the first month. You may switch the tier – Basic, Plus, Pro or Stellar – of your Monthly Plan and it will commence the following month.
j) WEBSITE HOSTING: Your account will be billed $5/month after your free period has ended.
k) MONTHLY PLANS: Social Traffic or Website Hosting plans are billed monthly based on the initial date of purchase and charged to the same account as your original order. You may cancel your plan by email or phone. A five (5) day advance notice is needed to close your account. Any remaining unused portion of your Social Traffic payment will be prorated back to your account.

CLIENT RESPONSIBILITIES:
a) Client Steps outlined in the Features of your purchased Package(s).
b) Coordination with Client’s key personnel in advance of providing Criteria, Concepts, Revisions and Finalization.
c) Parts – audio, documents, images, text, video – when provided should be ready for design.
d) Obtaining licenses and the expense of any needed Third Party Materials, such as proprietary fonts and stock images.
e) Proofreading and error checking in Revisions and Finalization.

ADDITIONS & CHANGES: Client shall pay charges for additions or changes outside the scope of the Package purchased, including introduction of new Concepts during Revisions or Finalization, at the rate of $50 per hour or an agreed upon amount and deadlines may be extended. The added fee will be included in the final invoice.

TERM: This Agreement commences upon the date of purchase and remains effective until the Product(s) is accepted.

ACCEPTANCE: Client shall notify Candymuse.com in writing within five (5) business days of receipt of the Product(s) of failure in workmanship. If the Product(s) has an omission or is not in keeping with the Features and Criteria, corrections will be made in a timely manner as a cure. In the absence of such notice from Client, the Product(s) is deemed accepted. For printed Products the Client grants acceptance with their Finalization approval and printed materials will be delivered ‘as is.’ Only major printing errors will be considered for a cure.

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CREDIT: The Product(s), should Candymuse.com see fit, will bear credit and/or copyright notice.

ARCHIVE: Candymuse.com shall have the right to document, photograph or record completed designs or installations of the Product(s) and to display, publish and reproduce these archives in exhibits, portfolios, publications or websites. When printed, one to five quality samples of each published form may be requested and would then need to be provided within five (5) business days.

PARTIES RELATIONSHIP: Candymuse.com is an Independent Contractor, not an employee of Client. Product(s) will not be deemed a work for hire as that term is defined under Copyright Law. Candymuse.com is permitted to use third party designers or service providers as Agents.

REPRESENTATIONS: Client represents to the best of Client’s knowledge, the Parts do not infringe third party rights. Candymuse.com represents to the best of Candymuse.com’s knowledge, the Product(s) does not infringe third party rights. Candymuse.com is not a licensed architect or engineer.

INDEMNIFICATION: The parties shall indemnify, save and hold harmless one another from costs, damages, liabilities or losses from a third party’s actions, claims or demands, including by a third party, due to a breach of representations, responsibilities or warranties.

LIMITATION OF LIABILITY: THE PRODUCT(S) ARE SOLD “AS IS.” THE MAXIMUM LIABILITY OF CANDYMUSE.COM TO CLIENT SHALL BE LIMITED TO THE NET PROFIT OF SUCH PRODUCT(S) PAID FOR. IN NO EVENT SHALL CANDYMUSE.COM BE LIABLE FOR ANY LOST DATA OR CONTENT, LOST PROFITS, BUSINESS INTERRUPTION OR FOR CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT, PUNITIVE AND SPECIAL DAMAGES.

DISPUTE RESOLUTION: The parties will attempt to resolve disputes first by negotiation then by mediation. Either party may commence binding arbitration through the American Arbitration Association. The prevailing party is entitled to recover its attorneys’ fees and costs. In the event Client uses the Product(s) in any way not permitted, Candymuse.com shall be entitled to equitable relief by way of an arbitrator, injunction or as the court may deem fit.

TERMINATION: This Agreement may be terminated if either party breaches its responsibilities, which is not remedied within five (5) days of written notice. Candymuse.com will be compensated closing payment for the portion of work performed at the rate of $50 per hour. Any amount overpaid will be refunded. If closing payment is not made, Candymuse.com reserves all rights to the work completed and no license rights are granted to Client. Upon closing payment, Candymuse.com grants such right and title as provided for in the License & Usage section for the products the client has paid for.

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WAIVER: Failure to enforce any right or remedy any breach shall not be construed as a waiver of such rights.

MODIFICATION: This Agreement may be modified by the parties. Modification must be in writing.

NOTICES: Notices are to be transmitted in writing and are effective upon confirmation of receipt.

FORCE MAJEURE: Candymuse.com will give notice to Client of its inability to perform and will propose revisions to the schedule for completion of the Product(s) upon occurrence of a Force Majeure Event, such as act of God, death, earthquake, fire, illness, incapacity, labor dispute, public enemy or local, state, federal, national or international law, governmental order or regulation or events beyond Candymuse.com’s control.

PARTS: Parts shall remain the sole property of Client or its respective suppliers. Candymuse.com is granted a non-exclusive, nontransferable license to display Parts with Product(s) for publishing examples of design and production flow.

PROCESS: Candymuse.com retains rights of ownership and to display or sell materials created in the Process. This includes, though not limited to, art work, collage, photography, production, sound, video, writing and master files which may be used to construct the Product(s): film negatives, photographer’s files, master audio and video recordings and master digital files. Client will return non-purchased Process materials it possesses to Candymuse.com within five (5) days of delivery of the Product(s). Master files and process works are available for 100% of the purchased Product(s) fee and are provided with Exclusive Unlimited License with Modification rights.

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LICENSE & USAGE: Upon completion of the Product(s), and expressly subject to full payment, Candymuse.com grants to Client the rights for the Product(s) as set forth below. Any additional uses not identified herein require an additional license and fee.

a) Email Templates · Social Traffic · Websites

NON-EXCLUSIVE UNLIMITED LICENSE WITH MODIFICATION RIGHTS: Candymuse.com hereby grants to Client the non-exclusive, perpetual and worldwide license to adapt, display, modify, reproduce and use the Product(s) within the scope defined.

b) Architectural Model · Logos · Photography · Production · Videos · Writings

ASSIGNMENT: Candymuse.com hereby assigns to Client interest, right and title, including without limitation copyright and other intellectual property rights to the Product(s).

c) Art Work · Collage

EXCLUSIVE LICENSE WITH NO MODIFICATION RIGHTS: Candymuse.com hereby grants to Client the exclusive, perpetual and worldwide right and license to use, reproduce and display the Product(s) in its finished form only within the scope defined. Client may NOT animate, create derivative works, extract portions, reconfigure or alter the Product(s). Client may crop and/or resize as needed.

d) Databases * · Architectural Design Plans

NON-EXCLUSIVE LIMITED LICENSE WITH NO MODIFICATION RIGHTS: Candymuse.com hereby grants to Client the non-exclusive license with limited usage rights to display and use the Product(s) in its finished form only within the scope defined. Client may NOT create derivative works, extract portions, reconfigure, reverse engineer or alter the Product(s).

* Maximum number of users is 250

e) Annual Reports · Brochures · Business Cards · Cards · Flyers · Forms · Guides · Posters · Stationary

EXCLUSIVE LIMITED LICENSE WITH NO MODIFICATION RIGHTS, LIMITED PRINTS INCLUDED: Candymuse.com hereby grants to Client the exclusive license with limited usage rights to display and distribute the Product(s) in its finished printed form only within the scope defined. Client may NOT animate, create derivative works, extract portions, reconfigure, reproduce or alter the Product(s).

f) Ads · Books · Packaging · Programs · Signage § · T-shirts †

EXCLUSIVE LIMITED LICENSE WITH NO MODIFICATION RIGHTS, DIGITAL FILE FOR LIMITED PRINTING ONLY: Candymuse.com hereby grants to Client the exclusive license with limited usage rights to reproduce, display and distribute the Product(s) in its finished printed form only within the scope defined. Client may NOT animate, create derivative works, extract portions, reconfigure or alter the Product(s). Digital final art is NOT to be used for electronic worldwide distribution.

Maximum Print Run is 10,000
§ Maximum Signs is 10
† Maximum T-shirts is 1,000

g) Magazines · Presentations

EXCLUSIVE LIMITED LICENSE WITH NO MODIFICATION RIGHTS, ELECTRONIC DISTRIBUTION ONLY: Candymuse.com hereby grants to Client the exclusive license with limited usage rights to reproduce, display and distribute the Product(s) in its finished electronic form only within the scope defined. Client may NOT animate, create derivative works, extract portions, reconfigure, print for sale or alter the Product(s). Digital final art is for electronic worldwide distribution only.

LIQUIDATION: Client’s use of the Product(s) shall be limited to the usage rights granted herein. Unlicensed use of the Product(s) by Client outside the scope of the rights granted here requires compensation equal to 100% of the purchased Product(s) base price. In the event of non-payment, Candymuse.com shall be entitled to pursue remedies under law and equity. If Client would like to use the Product(s) outside of the defined scope, contact Candymuse.com in advance to make proper arrangement and payment.

Last updated April 1 2016

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