Terms and Conditions for websites and artwork created by David Walker Designs (DBA, Trius Media)
The following is a legal agreement between David Walker (DBA, Trius Media), a graphic designer and web designer/developer (referred to as “David Walker Designs,” “DWD,” “Trius Media,” “we,” “us,” or “our”) and the user of this Service/Site (referred to as “you” or “client”).
General Artwork and Print Media
—If DWD produces artwork for you such as a logo, upon payment you have full rights and ownership of the artwork.
—If DWD produces print media for you such as a brochure, postcard, or billboard in which stock photography was purchased by DWD, you do not have ownership of that photography, but are granted usage only for that particular project.
—DWD hereby grants you a limited license to use the materials, features, and services provided by DWD on your Site (collectively referred to as the “Materials” or “Material”) subject to these terms. No other use of the Site or Materials is authorized.
—The products, technology, and/or processes described and/or used on this Site may be the subject of intellectual property rights reserved by DWD or other third parties. Except for the limited license granted above, nothing contained herein shall be construed as conferring to you in any manner, whether by implication or otherwise, any license, title, or ownership of or to any intellectual property right of DWD or any third party.
—You agree not to attempt any unauthorized access to any part or component of the Website; and You agree that in the event that you have any right, claim or action against any Users arising out of that User’s use of the Website, then you will pursue such right, claim or action independently of and without recourse to DWD. Neither DWD, its affiliates, or licensors (collectively, “Providers”), or the like, warrant that this site will be uninterrupted or error-free.
—If DWD produces a website for you in which stock photography was purchased by DWD, you do not have ownership of that photography, but are granted usage only for that particular website.
Search Engine Optimization/Search Engine Marketing (SEO/SEM)
–DWD has acheived top ranking results in the past, and currently holds first page results for multiple clients, but does not guarantee results with any search engine.
—DWD uses third party vendors to supply email services and is not responsible for down time, temporary failure of service, delivery failure, or spam. You understand and agree that you are responsible for your own email communications and for any consequences thereof. If you do not agree to these terms you must use an email provider other than DWD.
REALTOR and/or Real Estate Agent Websites
—REALTORS and real estate agents sometimes have various rules, procedures, and regulations which must be followed in order to comply with broker, state and/or national policies. DWD is not responsible for failure to comply with any of these rules. It is the sole responsibly of the REALTOR or agent to inform DWD about these policies so that the website is designed in compliance with your particular set of rules, procedures, and regulations.
Payment for Services
—DWD’s standard payment policy for website creation is as follows. DWD will provide a design concept for you to approve. Once the design concept has been approved, half of the total price must be paid before the actual website is developed and put online. Upon completion of the website the rest of the payment is due within 15 days.
—Hosting services require a monthly payment which varies depending on the size and need of your website. Hosting payments are due within 15 days of receiving the invoice.
Failure to Pay for Services
—Failure to pay for services rendered, of any kind, can cause the website to be taken off-line until payment has been made. If payment is 45 days past due DWD reserves the right to refuse future service.
Acceptable Use Policy
—DWD has adopted the following Acceptable Use Policy in order to assure that site links are used in a lawful and appropriate manner. While DWD does not ordinarily monitor the content of users Sites, it reserves the right to investigate reports of misuse and to protect its property and assets. The following conduct is prohibited on the Service:
* the display of and/or links to obscene or pornographic sites or images;
* the display of and/or links to sites containing information about sending viruses or other harmful, disruptive, or destructive files;
* the display of and/or links to sites containing information concerning the theft of passwords or credit card information;
* the display of and/or links to any material that promotes discrimination of any person based on age, race, national origin, creed, religion, sex, ethnicity, familial status, or disability; or
* the display of and/or links to sites that are in any way unlawful, criminal, or fraudulent.
Violations of the DWD Acceptable Use Policy will not be tolerated and may result in termination of service. DWD may disable the user’s account without compensation or refund. If links are found on a Site that breech the Terms, DWD at its sole discretion, reserves the right to inform local and/or government authorities depending on the nature of the linked site.
—There may be circumstances where access to this Site is provided by a link located at another Web site. Neither DWD nor its affiliates makes any representations or gives any warranties with respect to any information contained in or at these other sites and neither DWD nor its affiliates shall be liable for any damages or injury arising from the content of these other sites. Neither DWD nor its affiliates endorses the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies, or other similar entities that provide a link to this Site.
—If DWD learns of a conflict of interest, or sees the potential for personal conflict, DWD reserves the right to end the business relationship, with or without refund.
—In the event email services or message relating services are provided by DWD, you will in no way use this service for intentional spamming.
—DWD may allow you to upload your own photos, artwork and other materials. If we do make this allowance and you do so, you are subject to the conditions outlined in these Terms. When you upload photos and/or images to the Site you are indicating that you own the photo and/or image and/or have full rights to its use.
—When you upload material to the Site you understand that we may also use such material in the course of performing testing, training and/or archiving of our and our affiliates’ systems and hereby expressly reserve the right to do so.
—You hereby hold harmless DWD and its affiliates, and all officers, directors, owners, agents, content providers, licensors and licensees from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement. You shall cooperate as fully as reasonably required in defense of any such claim. DWD reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
—In the event DWD determines, in its sole discretion, that you have violated these Terms, DWD shall have the right to immediately terminate your account (with or without refund), refuse membership, or block the sending or receipt of messages from our Site, and/or pursue any other remedies available to it under applicable law.
—DWD has the right to revise these Terms at any time by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site to determine the then-current Terms to which you are bound.
—You agree that if at any time you decide to no longer use the services of DWD, You give up any and all rights to the Materials on the Site, with exception to photos and/or images uploaded or provided by you or someone authorized by you to do so. There will be no reimbursement for terminating a site before the end of the month and/or year depending on the payment plan you selected.
—In the event you wish to no longer use the services of DWD, please notify DWD by phone.