2. Modification Of Terms
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
4. Copyright and Trademark
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.
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.
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.
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.
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
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.
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
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.
15. No Waiver
Last update: February 12, 2019