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Terms & Conditions
THIS IS A LEGAL AGREEMENT. BY ACCESSING THIS WEB SITE OR USING/ORDER ANY
SERVICE PROVIDED HEREIN, YOU ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND
CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE
ACCEPTING ITS TERMS.
1. Parties. The parties to this Agreement are you, a visitor to this web
site (“You”), and the owner and operator of this web site: YPSON.COM (“YPSON”). All references to “us”, “this web site” or “this site” shall
be construed to mean YPSON. If the user is not an individual, then “You” means
Your company, its officers, members, agents, successors and assigns.
2. Assent To Terms of Use And Amendment. YPSON grants a non-exclusive,
non-transferable, and revocable license to You and provides the services
available at this site to You subject to the following terms and conditions.
THESE TERMS AND CONDITIONS MAY BE AMENDED BY US FROM TIME TO TIME WITHOUT NOTICE
TO YOU. YOU CAN REVIEW THE MOST CURRENT VERSION OF THE TERMS AND CONDITIONS AT
ANY TIME AT THIS SITE. IN ADDITION, WHEN USING PARTICULAR SERVICES IN THIS SITE,
GUIDELINES OR RULES MAY BE POSTED WHICH ARE APPLICABLE TO YOUR USE OF THOSE
SERVICES. YOUR USE OF THIS SITE AND YOUR RELATIONSHIP WITH YPSON ARE SUBJECT TO
ALL GUIDELINES OR RULES THAT MAY BE POSTED FROM TIME TO TIME ON THE SITE, WHICH
ARE ALL INCORPORATED BY REFERENCE INTO THIS AGREEMENT. BY USING THIS SITE, YOU
ARE AGREEING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE MOST CURRENT
VERSION OF THE TERMS OF USE AGREEMENT AND ANY GUIDELINES AND RULES POSTED ON
THIS SITE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THIS
SITE AND DO NOT ORDER ANY SERVICE.
3. Entire Agreement. This Terms of Use Agreement will be expressly
incorporated by reference in each and every agreement between You and YPSON, and
except for any separate license agreement for software and/or content, this
terms of use agreement supersedes any and all prior and existing agreements,
whether oral or in writing, between You and YPSON with respect to the subjects
addressed herein and constitutes the entire agreement between the parties with
respect to those subjects. Except for any separate license agreement for
software and/or content, You acknowledge that neither YPSON nor anyone on
YPSON’s behalf has made any representations, inducements, promises or
agreements, orally or otherwise, to You relating to the subjects addressed by
this terms of use agreement that are not embodied herein.
4. Prohibited Conduct. You agree (i) not to use this site to upload or
distribute in any way files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another’s
computer; (ii) not to interfere or disrupt this site or any networks connected
to this site; (iii) not to use any device, software or routine or attempt to
interfere with the proper functioning of this site or any transactions being
offered at this site; (iv) not to take any action that imposes an unreasonable
or disproportionately large load on YPSON’s infrastructure; (v) not to use this
site to collect or harvest personal information, including, without limitation,
financial information, about other participants at this site; and (vi) not to
impersonate any person or entity or falsely state or otherwise misrepresent Your
affiliation with a person or entity. You agree not to use the services,
products, or downloads available at this site for illegal purposes, and to
comply with all regulations, policies and procedures of networks connected to
this site.
5. Compliance with Laws. You shall comply with all applicable laws and
regulations of the United States and foreign authorities (including, but not
limited to United States trade restriction laws, export laws or license
requirements and laws regarding the sale or transport of hazardous materials,
and laws regarding the transmission of technical data, including without
limitation encryption, exported from the United States through the services
available at this site) relating to any service, product, or download associated
with this site.
6. Separate License Agreement(s). You may acquire software and/or content
from YPSON by download from this site, or otherwise directly from YPSON. You
agree that your use of such software and/or content shall be strictly in
accordance with the applicable license agreement(s).
SECTION TWO
1. Copyrights. The copyright in all material provided on this site is
owned by YPSON or by YPSON’s licensor(s). You acknowledge and agree that this
site contains proprietary information that is protected by applicable
intellectual property and other laws. You further acknowledge and agree that
information presented to You through this site, including text, graphics, logos,
icons, images and software, and the arrangement and compilation of such content,
are the property of YPSON or its content suppliers and is protected by
copyrights, trademarks, service marks, patents or other proprietary rights and
laws. YPSON does not grant any license or authorization to any user of its
copyrightable material or other intellectual property, by placing them on this
site. Furthermore, except as stated herein, none of the material may be copied,
reproduced, distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means, including, but not limited to,
electronic, mechanical, photocopying, recording, or otherwise, without the prior
written permission of YPSON or the copyright owner. However, You may print a
copy of the information on this site for Your personal, non-commercial internal
use or records. In so doing, You may not modify the materials and You agree to
retain all copyright and other proprietary notices contained in the materials.
This permission does not give You any ownership rights in the information and
terminates automatically if You breach any of these terms or conditions. If You
make any other use of this site, except as otherwise provided herein, You may
violate copyright and other laws of the United States, other countries, as well
as applicable state laws and may be subject to penalties.
2. Copyright Infringement. You may contact YPSON with complaints
regarding allegedly infringing posted material and YPSON will investigate those
complaints. If the posted material is believed in good faith by YPSON to violate
any applicable law, YPSON will remove or disable access to any such material and
YPSON will notify the posting party that the material has been blocked or
removed.
3. Trademarks. The trademarks, service marks, and logos (the
“Trademarks”) used and displayed on this site are registered and unregistered
Trademarks of YPSON and others. Nothing on this site should be construed as
granting, by implication, estoppel, or otherwise, any license or right to use
any Trademark displayed on the site, without the written permission of the
Trademark owner. YPSON aggressively enforces its intellectual property rights to
the fullest extent of the law. The Trademark(s) YPSON may not be used in any
way, including in advertising or publicity pertaining to distribution of
materials on this site, without prior, written permission. YPSON prohibits use
of any of the forgoing names or marks as a metatag or as a “hot” link to any
YPSON site unless establishment of such a link is approved in advance by YPSON
in writing. If You have any questions regarding any trademarks on the site,
please contact YPSON.
3a. LOGO DESIGN COPYRIGHT. We strive to create each design from scratch
and any similarity in design with other marks and symbols would be purely
coincidental. We do not use any pre-made logos, and we do not check for the
similarity with other logos. It is your duty to ensure that the logo we have
designed is not similar with other works in which case you shall notify us
within 30 calendar days. Any notification received after 30 calendar days shall
be considered void. You hold all the rights on the final product designed by us
except: (a) we always keep the right to display the logo in our portfolio and/or
other logo design sites owned by Mugurel A. Dragusin except when the “don’t display
in portfolio” has been paid for (b) we always keep the right to use the logo in
conjunction with marketing materials except when the “don’t display in
portfolio” has been paid for.
3b. DO NOT DISPLAY IN YOUR PORTFOLIO. Should You wish to avail this option, it must be paid for BEFORE the logo design is approved and finalized. The option cannot be availed after the logo has been finalized and final files have been provided to You.
4. Links. This site may provide links to other Internet sites. YPSON is
not responsible for the availability of such other sites and does not endorse
and is not responsible or liable for any content, products or other materials
available on such other sites. Links to external web sites do not constitute an
endorsement by YPSON of those sites or the sponsors of such sites or the
content, products, advertising or other materials presented on such sites.
Further, YPSON reserves the right to terminate any link or linking program at
any time. YPSON does not author, edit, or monitor these unofficial pages or
links. You further acknowledge and agree that YPSON shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be
caused by or in connection with use of or reliance on any information, goods or
services available on or through any such site. If You decide to access any of
the third party sites linked to this site, You do this entirely at Your own
risk.
5. Participation In Promotions Of Advertisers. You may enter into
correspondence with or participate in promotions of advertisers promoting their
products or services on this site (“Advertisers”). You acknowledge and agree
that any such correspondence or participation, including the delivery of and the
payment for goods and services, and any other terms, conditions, warranties or
representations associated with such correspondence or promotions, are solely
between You and Advertiser. Ypson.com shall have no liability, obligation or
responsibility whatsoever arising out of or in connection with any such
correspondence or participation or transactions.
6. Service. It is the Your responsibility, upon receiving the
final design work, to save and create back-up copies. Ypson does not offer any
guarantees in regards to storing your designs. By ordering you agree that the
design will be included in Ypson’s portfolio as a snapshot or direct link to
online content.
7. Turn-around time. By ordering you agree with the specified turn-around
time as follows: (a) Logos. Usually approximately 48 hours, on business days Monday
to Friday, you will hear from us, we will present you the draft(s). The client
should refrain to rush Ypson by any means. (b)
Websites. As websites are bigger projects, the turn-around time will be
established at the time of order, which shall be respected by both parties. The
Client should not rush Ypson and Ypson shall keep the deadlines. (c) Other
graphics and services. A turn-around time will be established at the time of
order and shall be respected by both parties. The Client should not rush Ypson
and Ypson shall keep the deadlines.
8. File Formats. Ypson strives to provide the final designs in the most
convenient format for the Client, but does not guarantee that the files will be
compatible with other application than they are intended for. Business Cards
are provided in PDF format, Letterheads in PDF format. The logo comes as vector
format SVG (SVG file can be imported and used in a vast
number of graphic design software, both free and paid).
9. Monitoring. You acknowledge that YPSON or its designees reserves the
right to, and may from time to time, monitor any and all activity or information
transmitted or received through this site. YPSON, in its sole discretion and
without further notice to You, may (but is not obligated to) review, censor or
prohibit any activity or the transmission or receipt of any Information which
YPSON deems inappropriate (such as that specified in above) or that violates any
term or condition of this agreement. During monitoring, information may be
examined, recorded, copied, and used for authorized purposes. Use of this site,
authorized or unauthorized, constitutes consent to such monitoring. Unauthorized
uses and unauthorized users of this site will be prosecuted to the full extent
of the law.
10. NO WARRANTIES. THIS SITE AND ALL INFORMATION CONTAINED ON THIS SITE,
AND EXCEPT TO THE EXTENT EXPRESSLY PROVIDED IN A LICENSE AGREEMENT FOR SOFTWARE
OR CONTENT, ALL GOODS AND SERVICES OBTAINED THROUGH THIS SITE, ARE PROVIDED ON
AN “AS IS” BASIS FROM YPSON AND ITS INFORMATION PROVIDERS, YPSON AND ITS
AFFILIATES AND CONTENT PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, RELATING TO THIS AGREEMENT, THE PERFORMANCE UNDER THIS
AGREEMENT, THE SERVICES AVAILABLE ON THIS SITE, THE OPERATION OF THE SOFTWARE
AVAILABLE ON THIS SITE, THE TRANSACTIONS PERFORMED ON THIS SITE, OR THE
INFORMATION, CONTENT, MATERIALS AND/OR PRODUCTS INCLUDED ON THIS SITE. TO THE
FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH OF YPSON AND YPSON’S
AFFILIATES AND CONTENT PROVIDERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGMENT. WITHOUT LIMITING THE
FOREGOING, NONE OF YPSON NOR YPSON’S AFFILIATES OR CONTENT PROVIDERS MAKES ANY
WARRANTY THAT (i) THE GOODS OR SERVICES OFFERED ON THIS SITE WILL MEET YOUR
REQUIREMENTS, (ii) THE GOODS OR SERVICES OFFERED ON THIS SITE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE GOODS OR SERVICES WILL BE ACCURATE OR RELIABLE,
(iv) THE CONTENT OR INFORMATION AVAILABLE ON THIS SITE IS COMPLETE, ACCURATE OR
AVAILABLE, OR (v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR
EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM YPSON OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE
HEREIN.
11. LIMITED LIABILITY. YPSON AND ALL OF YPSON’s AFFILIATES AND CONTENT
PROVIDERS AND THEIR RESPECTIVE SHAREHOLDERS AND AFFILIATES SHALL NOT BE LIABLE
FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST
PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT, EVEN IF THEY
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT THEY HAD
ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED, AND
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS
EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS
AGAINST YOU. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY,
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE GOODS OR
SERVICES PROVIDED ON THIS SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1)
YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU FURTHER
AGREE IF YOU BECOME ENTITLED TO ANY RECOVERY, THAT YOUR RECOVERY SHALL BE
LIMITED TO THE AMOUNT OF FEES OR PAYMENTS MADE TO YPSON, IF ANY, FOR THE
SERVICE, SOFTWARE OR CONTENT AT ISSUE.
12. Indemnity. You shall indemnify, defend, and hold harmless YPSON and
its content providers and their respective shareholders, affiliates, employees,
agents, successors, officers, and assigns, from any suits, losses, claims,
demands, liabilities, costs and expenses (including attorney and accounting
fees) that they may sustain or incur arising from (i) Your use of the software
available at or downloaded from this site, (ii) Your failure to comply with any
applicable laws and regulations (including without limitation those regarding
the export of products or technology abroad) or to obtain any licenses or
approvals from the appropriate government agencies necessary to purchase or sell
the subject goods and services, (iii) Your use of the content available on this
site in any way contrary to this agreement (d) Your breach of any of Your
representations, warranties or obligations set forth in this agreement, (iv) the
sale, purchase, transportation, delivery, use or disposal of any YPSON service,
product, or download associated with this site or available through other sites,
or any loss suffered by or harm to any person or property in any way relating to
of caused in whole or in part by Your use of this site or any service, product,
or download associated with this site (including, without limitation, any
personal injuries or death of any third person caused in whole or in part by
such products or services, the use, transportation, delivery, storage, handling
or release thereof), (v) any taxes attributable to the relating to any
service, product, or download associated with this site, and (vi) Your use of the finalized artwork as porided upon completion of the project.
13. Beneficiaries of this Agreement; No Other Agreements. The rights and
limitations in this agreement are for the benefit of YPSON and each of YPSON’s
content providers, each of which shall have the right to enforce its rights
hereunder directly and on its own behalf.
14. Termination. You agree that YPSON may, at its sole discretion, deny
You access to the site and disable any user name and password associated with
You for any reason, including, without limitation, if YPSON believes that You
have violated or acted inconsistently with the letter or spirit of this
agreement. YPSON reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the services offered under this site
(or any part thereof) with or without notice. You agree that YPSON shall not be
liable to You or to any third party for any modification, suspension or
discontinuance of the services offered under this site.
14a. ABANDONED PROJECTS
Open projects, to which no feedback has been received for more than 30 calendar
days, indifferent of the cause, are considered abandoned and therefore CLOSED. At such point, either you can request final files
for any ONE of the drafts provided (at no additional cost) or start the project again, including the
associated new project costs.
15. Consumer Rights.
You may contact YPSON with complaints and inquiries and YPSON will investigate
those matters and respond to the inquiries in a timely manner. You may use any
of the contact methods listed on the website however, e-mail is recommended for
proper tracking and handling of the issue.
BY ACCESSING THIS WEB SITE OR USING ANY SERVICE PROVIDED HEREIN YOU AFFIRM
THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO ALL ITS TERMS AND
CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN
THIS AGREEMENT, PLEASE EXIT THIS SITE AND DO NOT PLACE ANY ORDER.
Revised: Saturday, July 18, 2020.