Terms of Use

This website (www.wolfcommstudio.com) (“Site”) is provided for your personal informational, educational and entertainment use. Additionally, Wolfgang Communications, Inc. provides this site as a service to its customers. The following Terms of Use govern your access and use of this Site. Please read these Terms of Use carefully before using this Site. Also, specific terms and conditions may apply to specific Content (as defined below) on or available through this Site (“Content”) and to specific content, data, materials, or information you may upload, submit and/or publish to the Site (“User Content”). Such specific terms may be in addition to these Terms of Use or, where and then only to the extent expressly specified, may supersede these Terms of Use.

When used in these Terms of Use, “we” and “our” means Wolfgang Communications, Inc. (“WolfComm” or “WolfComm Studio”), and “you” and “your” refers to any individual, company or legal entity that accesses or otherwise uses this Site.

1. Acceptance of Terms of Use

By accessing, browsing or using this Website, you agree to be bound by these Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this Site. If you do NOT agree to all of these terms, you should NOT access or use this Site.

2. Modification Of Terms

These Terms of Use may be amended by WolfComm, in its sole discretion, at any time without notice to you. Such amended Terms of Use shall be effective upon posting. By continuing to access or use this Site, you will be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and conditions.

WolfComm reserves the right to discontinue or make changes or updates with respect to the Site or the Content of the Site at any time without notice.

3. Privacy Notice

Personal information provided through this Site shall be used in accordance with WolfComm’s Privacy Notice and these Terms of Use are subject to the Privacy Notice as posted on this Site. See www.wolfcommstudio.com/privacy-policy.

4. Copyright and Trademark

You acknowledge that all content on this Site, including the Site’s design, graphics, text, formatting, sounds, pictures, images, software, and other materials and information on this Website, and the selection and arrangement thereof (collectively, “Content”), are the property of WolfComm or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Content not expressly granted in these Terms of Use are reserved to their respective intellectual property right owners. Except as expressly authorized in these Terms of Use or on the Site, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Content in any form or by any means, without the prior written authorization of WolfComm or the respective intellectual property rights owner. WolfComm authorizes you to view and download the Content only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Content. You may not modify or adapt the Content in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, “Marks”) contained or described on this Site (including, without limitation, WolfComm) are the sole property of WolfComm and/or its licensors and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of WolfComm and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of WolfComm and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of WolfComm. WolfComm will enforce its intellectual property rights to the fullest extent of the law.

5. Design & Creative Services

WolfComm is a strategic branding and design agency. We specialize in providing business and brand strategy, graphic design and marketing services, as well as the execution of the scoped project deliverables to individuals, and businesses.

These Terms of Use establish the terms under which WolfComm performs design and other creative services projects (collectively, “Creative Services” or “Design”). By directly or indirectly requesting a Creative Services project from WolfComm, you agree to be bound by these Terms of Use. WolfComm reserves the right to make changes to these Terms of Use and to the products and services offered by WolfComm at any time without prior notice.

Design:
If you upload, email, link (directly or indirectly) or otherwise refer WolfComm to any text, images, designs, or other content for incorporation into your Creative Services project, you unconditionally guarantee, represent and warrant that you have all appropriate and necessary right and authority to use such text, images, designs, or other content and that WolfComm’s provision of Creative Services will not infringe any trademark, copyright, or other right of any other party.

The designs and/or written copy (collectively, “Designs”) prepared by WolfComm for you as part of your Creative Services project may have similarities to Designs prepared by WolfComm for other parties. You are obtaining no right or claim of any kind to any individual Design (or any element thereof) provided by WolfComm, and WolfComm reserves the right to use the same or similar Design or elements thereof in other Creative Services projects or otherwise for other parties in the future. Except for the specific Creative Services project content provided to WolfComm by you, all rights in all Creative Services work product, including without limitation both final Designs and all interim preparatory working files and draft mockup Designs, are retained by WolfComm.

Requirements:
WolfComm reserves the right, in WolfComm’s sole discretion, to refuse to accept any Creative Services project or to terminate any Creative Services project prior to completion at any time and for any reason. You agree that WolfComm shall have no liability of any kind to you or to any third party arising from such refusal or termination.

WolfComm reserves the right to use any Designs and/or your finished Creative Services project products as sample work for advertising and promotional purposes and for internal purposes.

It is your responsibility to provide images, or other content if needed to complete the project. You must contact WolfComm with any changes, updates, or enhancements to the project you are requesting starting from date of sale.

Damages and Liabilities:
WolfComm disclaims and shall not be liable for any loss, injury, cost or damage suffered by customer or any third party, and shall in no event be liable for consequential, special, or indirect or incidental damages (including without limitation, damages for loss of business profits, business interruption, or loss of data), arising out of or in any way connected with the use of the Designs and any information available on or related to such Designs, and the delay or inability to use the WolfComm site or any information, in each case even if WolfComm has been advised of the possibility of such damages.

WolfComm provides no warranty of any kind that any Design will not infringe, or be subject to a claim of infringing, the trademark or other rights of another party. It is solely your responsibility to obtain the advice of an attorney regarding whether any such Design is legally available for your use and does not infringe the rights of another party.

All delivery times are estimates only, and WolfComm is not responsible for any late Creative Services projects and/or impact to customer’s business due to a late project and/or printing.

Orders – Creative and Printing Production:
Once a proof has been approved and final artwork has been submitted for production, you cannot cancel the order or make changes. WolfComm is not responsible for any misspellings or errors, once your order has been approved for printing. Review all proofs thoroughly and carefully, as WolfComm will not be liable for any mistakes once your project has been printed. All quality claims must be made within 24 hours of receiving your order. Shipping charges will not be refunded.

Payment Terms:
Forms of acceptable payment are mailed check, money order, or credit card (Visa, MasterCard, PayPal, Discover and American Express). For orders with a total value over $1,500.00, payment shall be a deposit of 50%, with the balance due upon proof approval unless a payment schedule has been granted in advance by WolfComm. Orders with a total value of less than $1,500.00 must be paid for at the time of the order. Any additional charges incurred after order submission and/or proof approval due to changes in order specifications, additional proofs, artwork changes, shipping or special shipping requests, or other special requests ordered by the customer or the customer’s agent will be charged to the customer on or after the customer’s ship date. WolfComm will begin work once deposit and/or payment has cleared. WolfComm will address claims for defects, damages, or shortages identified by the customer in writing within a period of ten (10) days after delivery. Failure to make such claims within the stated period shall constitute irrevocable acceptance and an admission that WolfComm has fully complied with terms, conditions and specifications. WolfComm’s liability shall be limited to stated price of any defective goods, and shall in no event include special or consequential damages, including profits (or profits lost). As security for payment of any sum due or to become due under terms of any Agreement, WolfComm shall have the right, if necessary, to retain possession of and shall have a lien on all customer property in WolfComm’s possession. The extension of credit or the acceptance of notes, trade acceptances or guarantee of payment shall not affect such security in interest and lien. If payment is not made, the customer is liable for all collection costs and other fees incurred.

Cancellation:
There is a $75.00 cancellation fee, plus any fees for any additional work that has been done.

6. Links To Third Party Websites

Links on the Site to third party websites are provided only as a convenience to you. If you use these links, you will leave the Site. WolfComm does not control or endorse any such third party websites. You agree that WolfComm and its affiliates will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from this Site, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others’ rights or otherwise unlawful. WolfComm expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website. WolfComm recommends that you make yourself aware of and read the legal and privacy notices of all other websites that you visit.

7. Disclaimer of Warranties

WolfComm strives to provide accurate and up-to-date material on this Site. However, we make no warranties or representations as to the accuracy or timeliness of the Content on this Site.

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE AND THE CONTENT CONTAINED ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WOLFCOMM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WOLFCOMM MAKES NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (IV) THE SITE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (V) ANY ERRORS IN THE SITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THIS SITE IS PROVIDED AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM COMPUTER VIRUSES. SOME JURISDICTIONS MAY NOT PERMIT CERTAIN DISCLAIMERS OF WARRANTIES, SO SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, WE DISCLAIM WARRANTIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

8. Disclaimer of Damages and Limitation of Liability

NEITHER WOLFCOMM OR ITS AFFILIATES SHALL UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO YOUR ACCESS TO, OR USE OF OR INABILITY TO USE THIS SITE OR ANY MATERIAL, OR ANY OTHER WEBSITE YOU ACCESS THROUGH A LINK FROM THIS SITE, OR ANY INCORRECT OR INACCURATE INFORMATION ON THIS SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO PROPOERTY DAMAGE, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS, ECONOMIC LOSS OR LOSS OF PROFITS), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WOLFCOMM HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGE OR LOSS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE ALL CLAIMS AGAINST WOLFCOMM AND ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS AND PROGRAMMERS THAT MAY ARISE FROM YOUR ACCESS OR USE OF THIS SITE.

9. Indemnification and Release

You agree to indemnify, defend and hold harmless WolfComm and its affiliates against all claims, demands, causes of action, losses, expenses, damages and costs, including any reasonable attorneys’ fees, resulting or arising from or relating to your use of or conduct on the Site, any activity related to use of the Site by you, any message or material that you submit to, post on or transmit through the Site, your violation of these Terms of Use, your infringement or violation of any rights of another, or termination of your access to the Site.

If you have a dispute with one or more users, you release WolfComm and its affiliates from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

10. No Unlawful or Prohibited Activity

As a condition of your use of this Site, you agree not to use the Site for any purpose that is unlawful or prohibited by these terms and conditions. You further agree that you are responsible for your use of and communications on the Site. You agree not to post on or transmit through this Site any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, violates the privacy rights of others, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Site in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the Site. You agree to use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material.

WolfComm reserves the right, in its sole discretion, to suspend or terminate your access to this Site and prohibit any and all current and future use of this Site (or any portion thereof) by you, if you fail to comply with any term or provision of these Terms of Use or your use is harmful to the interests of another user of this Site.

11. Force Majeure

Without limiting the foregoing, under no circumstances will WolfComm be held liable for any delay or failure in performance due in whole in or in part to any acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, software bugs, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, earthquakes, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

12. Shut-down of Site

WolfComm reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice or consent. WolfComm and its affiliates shall have no responsibility or liability for failure to store or delete any Content or User Content submitted to the Site.

13. Governing Law and Dispute Resolution

These Terms of Use shall be governed by, and construed in accordance with, the laws of the United States and the State of California, without giving effect to conflicts of law principles thereof. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.  The failure of WolfComm to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. These Terms of Use, the WolfComm Privacy Policy wolfcommstudio.com/privacy together with and any other policies, rules or guidelines posted in connection with the Site, constitute the entire and exclusive agreement between WolfComm and you regarding the Site. WolfComm makes no representations that the material and information on this Site are appropriate or available in all national locations or languages. You agree that any action at law or in equity arising from or relating to the use of this Site or to these Terms of Use shall be brought exclusively in the Federal or State Courts residing in California. You hereby consent and submit to personal jurisdiction in of such courts for the purposes of any action relating to this Site, your access or use thereof, or these Terms of Use, and to extra-territorial service of process.

The material and information provided through this Site are directed to and intended for United States users only. WolfComm makes no representation that Content contained on the Site is appropriate or available for use in jurisdictions outside the United States. Visitors who use the Site and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access this Site from any territory where its contents are illegal, and that you, and not WolfComm and its affiliates, are responsible for compliance with applicable local laws.

14. Severability

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then the invalid or unenforceable provision shall be replaced by a valid, enforceable provision that most closely matches the intent of the original provision, and the validity and enforceability of any remaining provisions shall not be affected.

15. No Waiver

The failure of WolfComm and its affiliates to enforce any part of these Terms of Use shall not constitute a waiver of such term or provision, and shall not be considered a waiver or limit WolfComm’s right thereafter to insist upon strict adherence to that term or any other provision of these Terms of Use.

 

Last update: February 12, 2019