Terms and Conditions

Please read the following carefully. Your use of the FunkyCar.co.uk web site ("FunkyCar") and purchase of the products from ("Shop") or services ("FunkyCar Design") means that you agree to these terms and conditions ("Terms").

Shopping with FunkyCar Products

You can Order Products online via this website;
When you place an Order for a Product ("Order") you are offering to buy it for the price stated, subject to these Terms.
Find the product you want and click on the 'Add To Basket' button. You will then be taken to your own personal 'Shopping Basket', which gives you a running total of the goods you are planning to purchase. You can either continue shopping or 'Proceed To Checkout'.
FunkyCar will process your order and a confirmation of your order will be emailed to you. We will then send you a consignment note number as our guarantee of despatch. The consignment note number can also be used to track your parcel online or find an exact delivery time!
FunkyCar may cancel any sale and not supply Products if it is reasonable to do so and may change or discontinue the availability of Products at any time at its sole discretion.
All new Orders are deemed separate and each is treated individually.
FunkyCar has tried to make the descriptions (including all pictures) of the Products as accurate as possible.
FunkyCar will provide its products and services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person's services.

Price

The price for each Product is shown on FunkyCar and includes V.A.T at 15%.
Prices are quoted on FunkyCar in UK pounds - outside the UK your credit card company should exchange the amount charged to the currency of your country at the current rate. Please note that both charges and refunds are in UK pounds and FunkyCar Ltd cannot be held responsible for any loss due to exchange rate fluctuations.
Non-EU customers are responsible for Import Duty/Tax in their respective countries. Unfortunately we cannot advise what these costs will be - please consult your local customs office for more information.

Payment

You must pay for your Order before it is delivered and you can do so by credit card or debit card via PayPal.

Availability

We try to keep FunkyCar as up to date as possible but cannot guarantee that particular Product will always be available. If we can’t supply a Product you will not be charged for it and we will refund or re-credit your account with the amount debited by us.
All offers are available while stocks last. If we are unable to supply a Product you have Ordered, we will notify you as soon as we can after receiving your Order. If this happens, you may cancel your Order and we will refund you the money you have paid for it.

Delivery

FunkyCar delivers to destinations inside and outside the UK.
We do our best to ensure that your orders arrive in a safe and timely manner.
Please make sure that the delivery address is correct and inform us of anything that may assist us in delivering your order. This includes such things as proper spelling of street names, complete house numbers, postal codes, etc. You can also choose to have your order sent to an address other than the billing address such as your place of work.
UK & Ireland Standard delivery Items are sent using the Recorded Delivery service (Not Ireland) and a signature is required on delivery. Should there be no one to sign for the package the item will be taken back to the local sorting office where it will be held for 1 week. Should items go missing we are able to track them. Please note that UK Standard delivery orders may take up to 4 weeks to be delivered as we print all items on demand. The majority of orders are delivered within 10 days however.
Overseas Standard delivery Items are sent using first Class mail and a signature is NOT required. Deliveries to countries outside the EU may be subject to additional duties & taxes for which FunkyCar cannot be liable. Overseas orders can take up to 4 weeks to be delivered. Please note that the Republic or Ireland is included as overseas. Please note that we cannot be held liable for orders arriving late caused by Royal Mail.
Please Order from FunkyCar with enough lead-time to prevent any loss or disappointment resulting from the delivery time, as FunkyCar cannot be responsible for this.
This does not affect your statutory rights as a consumer.

Copyright and Trade Marks

FunkyCar does not give you any right or interest in any copyright or intellectual property rights in any Product nor the right to copy them.
The copyright in FunkyCar and the content of all the software, web site and pages relating to the FunkyCar web site is owned by, or licensed to FunkyCar, unless otherwise specified and may not be used, copied or altered without our express consent.
Copyright extends to the design, look and feel of FunkyCar, all photographs on it and its marketing materials.
You may use FunkyCar for private and personal non-commercial use only - i.e. to view, copy and print portions of FunkyCar for the sole purpose of placing Orders. The materials on FunkyCar may not be used for any other purpose.

Privacy and Data Policy

FunkyCar makes a commitment to protecting your privacy and promises only to use information collected about you in accordance with the Data Protection Act 1998.

When you place an Order, we may ask you for certain information and you may submit personal data to FunkyCar (for example your name, phone number, postal address, email address). We may also record which products you are interested in and which products you purchase as well as customer traffic patterns and site use.
administer prize draws;
provide a more personal shopping experience.

By making an Order and submitting your data you agree to this use.
We will never collect sensitive information about you without your explicit consent.

Refunds

We believe that you will be delighted with your product but there may be occasions where you feel it necessary to return an item. We aim to keep the process as simple as possible. These terms do not affect your statutory rights.
We will try to attend to all returns as soon as practically possible.
Please email refund@funkycar.co.uk for assistance.
However, due to the bespoke nature of custom-made products reserve the right to judge refunds accordingly.

Shopping with FunkyCar Design Services & General Info

Service Generally.

FunkyCar Design ("FCD") and the customer ("Customer") hereby agree to the following terms and conditions with respect to the provisions by FCD to the Customer of graphic design services, which are identified and/or described in the service agreement attached to these terms and conditions.
1. The Customer will be provided with the Service according to the Packages chosen by the Customer as detailed on the FCD website. Customer’s Designs will be created iteratively through a Design process of Creative Briefing-Basic Mock-ups-Feedback & Evaluation-Revisions, ultimately resulting in a final Design conforming to Customer's Creative Briefing and Feedbacks.
2. Creative Briefing and Designs. The Customer is solely responsible for preparing and sending detailed answers to our online design brief. FCD is under no obligation to review a Creative Briefing or further Feedbacks for any purpose, including accuracy, completeness of information, quality or clarity. FCD may decide, in its sole discretion, to deny a Creative Briefing or Feedback.
3. When FCD provides a set of Designs to the Customer, the Customer shall review the Response.
  
  If the Customer fails to promptly inform FCD that the provided Designs are not reasonably responsive to the provided Feedback, the Client will be deemed to have accepted the Designs. If the Customer notifies FCD that the Customers consider a Design as not reasonably responsive to the Feedback, the Customer shall provide information regarding amendments or modification to be made to the initial Designs. After providing this feedback, the Customer will be provided subsequent designs that conform to the additional criteria requested by the Customer.
4. Revision stages.
  
  Revision stages are in theory unlimited and consist of revisions that incorporate changes requested by the customer in prior feedback. The purpose of each revision stage is to create designs that move forward in a specific direction from a single design composition as chosen by the Customer. However, FCD reserves the right to limit revisions for any customer at any time if they are deemed to be abusing or misusing the FCD service.
Customer orders.
1. Payment.
  
  The Customer ordering for any of the available services must pay for the Service in advance, by any of the payment methods provided by FCD. The Customers will be charged for the Package(s) selected. FCD will email client a receipt for the transactions in which the Customer is involved and provide the Customer with all the information necessary to start the design process.
2. Refunds.
  
  If Client is not satisfied with the Basic Concepts provided by FCD, Client may request a refund by completing the Refund Request form that will be provided to the Customer upon request. Upon timely receipt of the completed form, FCD will refund the total payment made by Client, less a fifty-pound (£50.00) service and processing fee. Once the Customer requests additional revisions for any of the initial concepts, the Customer shall forfeit the right to the refund as outlined above. Acceptance of such refund shall constitute the Customer’s sole and exclusive remedy with respect to such Basic concepts. Should the Customer receive such refund, Customer acknowledges that it will have no right (express or implied) to use any Basic concept or other work product, content, or media, nor any ownership interest in or to the same.
  
  The refund policy will not take effect:
3. Project duration.
  
  The Customer agrees to provide timely responses to FCD after receiving status notifications from FCD. The Customer shall have 15 days to respond to each set of designs sent to the Customer for review. If after 15 days the Customer has failed to respond, FCD will assume the Project complete and the Project shall be deemed to be complete. At such time, FCD will have no further obligation to the Customer.
4. Eligibility Requirements.
  
  The Customer must be at least 16 years of age, agree to these Terms and Conditions and the Privacy Policy, and complete the on-line form. By asking graphic design services, you represent and warrant that you meet these eligibility requirements, that the information you include as part of the ordering process is complete and accurate and, if you are ordering services on behalf of an entity, that you are authorized to bind that entity to these Terms and Conditions. FCD may accept or reject your order in its sole discretion.
5. Authorization to Use; Permitted Uses.
  
  You may use the Service solely in accordance with these Terms and Conditions and any posted policies and procedures that appear on the FCD’s Web Site.
6. Prohibited Uses Generally.
  
  The Customer is required to comply with all applicable laws (including, without limitation, any applicable export controls) in connection with his use of the Service. Without limiting the foregoing, you agree not to communicate information or other material that (i) is copyrighted, unless you are the copyright owner; (ii) reveals trade secrets, unless you own them; (iii) infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;(iv) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
  
  Although FCD intends to use commercially reasonable efforts to make the service available, FCD makes no representation, warranty or covenant that the Service will be available at all times or at any time. Various circumstances may prevent or delay in the delivery of information or designs. FCD shall not be responsible for any loss, cost, damage or liability that may result.
Ownership; Rights to Use.
1. Rights of FCD. The Customer grants FCD and its mother company a royalty-free, perpetual, irrevocable, sublicenseable, exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works, in any form, media, or technology now known or later developed, the designs provided by FCD, for the full term of any intellectual property rights that may exist in such designs to the extent necessary to provide the Customer with the Service and the designs.
2. Rights of the Customer. Subject to the Customer’s compliance with the terms and conditions of this Agreement, the Customer shall own the final design provided to the Customer by FCD hereunder. The Customer shall not, however, own any materials, media or other content generated during any revision cycles leading up to the final design, with such right, title and interest expressly reserved to FCD. The customer acknowledges and hereby grants to FCD the right to use Creative and Revision Briefs, as well as individual designs provided to the Customer, for internal and filing purposes, and in order to display and promote the FCD Service. The Customer acknowledges that his rights under this Agreement shall be limited solely to the final design chosen by him and that no trade or service marks in or to such final design is being conveyed under this Agreement. The Customer acknowledges that FCD shall have no obligation or duty to perform trade or service mark searches or inquiries, or the like, in order validate the propriety or legality of the provided compositions.
  
  Accordingly, the Customer is encouraged to perform its own independent searches with regard to the designs provided by FCD. Furthermore, The Customer acknowledges that FCD shall have no responsibility or obligation of any kind to assist the Customer in seeking national or international intellectual property protection (i.e., without limitation, trademark registration) for the designs, nor shall FCD be responsible in otherwise assisting the Customer in any way in the Customer's perfection of the Customer's rights in or to the designs.
Nondisclosure and Privacy.
1. Privacy.
  
  FCD intends to use commercially reasonable efforts to follow its privacy policy; as such privacy policy may be changed from time to time at FCD's sole discretion. Notwithstanding the foregoing, FCD cannot and does not assume any responsibility or liability for any information provided by the Customer to FCD which may be disclosed by accident or by third parties' illegal acts.
Disclaimers; Limitations of Liability.
1. Disclaimer of Warranties.
  
  THE SERVICE AND THE RESPONSES ARE PROVIDED "AS IS." FCD MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO THE CUSTOMER OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SERVICE, INCLUDING ANY PART THEREOF, OR OTHER CONTENT THAT MAY BE PROVIDED BY FCD.
  
  THE CUSTOMER ACCEPTS THAT THE ELECTRONIC DEVICES AND SOFTWARE USED BY THE CUSTOMER TO REVIEW THE DESIGNS PROVIDED BY FUNKYREMIX DESIGN MAY DISTORT THE COLORS, SHAPES AND EFFECTS USED TO CREATE THE SAMPLES. ALD DISCLAIMS ANY WARRANTY RELATED TO THE ACCURACY OF THE OUTPUT DEVICES USED BY THE CUSTOMER -WHATEVER ITS NATURE- AND KEEP THE RIGHT TO STATE THE SPECIFICATIONS OF A GIVEN DESIGN BY USING STANDARD COLOR, MEASURE AND DESIGN CODES. THE CUSTOMER WILL ACCEPT THOSE SPECIFICATIONS AS THOSE CORRESPONDING TO THE CHOSEN DESIGN.
  
  FCD DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FCD DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL
  1. WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
  2. WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS,
  3. WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, QUALITY OR OMISSIONS IN THE SERVICE,
  4. WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, AND
  5. WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY FCD OR ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANYOF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICE WILL MEET THE CUSTOMER’S NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
2. Limitation of Remedy.
  
  NEITHER FCD NOR ANY THIRDPARTY SHALL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY REMEDY, LIABILITY, DAMAGES, COSTS, OR LOSSESWHATSOEVER RELATING IN ANY WAY TO THE SERVICE.
3. Exclusion of Consequential Damages.
  
  IN NO EVENT SHALL FCD OR ANY THIRD PARTY BE LIABLE TO YOU OR ANYOTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE SERVICE PROVIDED BY FCD, INCLUDING ANY PART THEREOF, OR ANY OTHER CONTENT,(INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE DESIGNS PROVIDED BY FCD, EVEN IF FCD OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
Indemnification.

Upon a request by FCD, you agree to defend, indemnify and hold harmless FCD and its employees from all liabilities to, claims of any third party due to or arising out of your violation of any of these Terms and Conditions, and any expenses, including, without limitation, reasonable solicitor fees, incurred in connection therewith.
Termination.

FCD reserves the right, in its sole discretion, to terminate the Service, at any time, with or without notice. In the event of such termination, FCD will work with the Customer to determine the amount of any refund (if any) to be paid to the Customer as a result of such termination. Should the Customer’s use of the Service result from the Customer’s material breach of the terms and conditions of this Agreement, or any other agreement to which FCD and the Customer are a party, the Customer shall not be entitled to any refund, unless otherwise mutually agreed upon by the parties.
General.

These Terms and Conditions set forth the entire agreement and understanding of the parties with respect to the subject matter hereof and supersede any and all prior oral or written agreements and understandings, and any and all contemporaneous oral agreements and understandings between you and FCD regarding the subject matter of these Terms and Conditions.

If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such provision shall be deemed null and void, but the remaining provisions shall continue in full force without being impaired or invalidated in any way. The language of these Terms and Conditions shall be deemed to be the language mutually chosen by the parties and no rule of strict construction shall be applied against or in favour of either party hereto. The section headings and other headings contained in these Terms shall not affect the meaning or interpretation of these Terms and Conditions. If FCD and the Customer have need for legal recourse to settle any dispute the case will be handled by a court of law having jurisdiction over the FCD’s location.



Home Mazda 3 MPS Civic Type R EP3 MG ZR Rex-X Contact Us	Terms and Conditions Please read the following carefully. Your use of the FunkyCar.co.uk web site ("FunkyCar") and purchase of the products from ("Shop") or services ("FunkyCar Design") means that you agree to these terms and conditions ("Terms"). Shopping with FunkyCar Products You can Order Products online via this website; When you place an Order for a Product ("Order") you are offering to buy it for the price stated, subject to these Terms. Find the product you want and click on the 'Add To Basket' button. You will then be taken to your own personal 'Shopping Basket', which gives you a running total of the goods you are planning to purchase. You can either continue shopping or 'Proceed To Checkout'. FunkyCar will process your order and a confirmation of your order will be emailed to you. We will then send you a consignment note number as our guarantee of despatch. The consignment note number can also be used to track your parcel online or find an exact delivery time! FunkyCar may cancel any sale and not supply Products if it is reasonable to do so and may change or discontinue the availability of Products at any time at its sole discretion. All new Orders are deemed separate and each is treated individually. FunkyCar has tried to make the descriptions (including all pictures) of the Products as accurate as possible. FunkyCar will provide its products and services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person's services. <back to top...> Price The price for each Product is shown on FunkyCar and includes V.A.T at 15%. Prices are quoted on FunkyCar in UK pounds - outside the UK your credit card company should exchange the amount charged to the currency of your country at the current rate. Please note that both charges and refunds are in UK pounds and FunkyCar Ltd cannot be held responsible for any loss due to exchange rate fluctuations. Non-EU customers are responsible for Import Duty/Tax in their respective countries. Unfortunately we cannot advise what these costs will be - please consult your local customs office for more information. <back to top...> Payment You must pay for your Order before it is delivered and you can do so by credit card or debit card via PayPal. <back to top...> Availability We try to keep FunkyCar as up to date as possible but cannot guarantee that particular Product will always be available. If we can’t supply a Product you will not be charged for it and we will refund or re-credit your account with the amount debited by us. All offers are available while stocks last. If we are unable to supply a Product you have Ordered, we will notify you as soon as we can after receiving your Order. If this happens, you may cancel your Order and we will refund you the money you have paid for it. <back to top...> Delivery FunkyCar delivers to destinations inside and outside the UK. We do our best to ensure that your orders arrive in a safe and timely manner. Please make sure that the delivery address is correct and inform us of anything that may assist us in delivering your order. This includes such things as proper spelling of street names, complete house numbers, postal codes, etc. You can also choose to have your order sent to an address other than the billing address such as your place of work. UK & Ireland Standard delivery Items are sent using the Recorded Delivery service (Not Ireland) and a signature is required on delivery. Should there be no one to sign for the package the item will be taken back to the local sorting office where it will be held for 1 week. Should items go missing we are able to track them. Please note that UK Standard delivery orders may take up to 4 weeks to be delivered as we print all items on demand. The majority of orders are delivered within 10 days however. Overseas Standard delivery Items are sent using first Class mail and a signature is NOT required. Deliveries to countries outside the EU may be subject to additional duties & taxes for which FunkyCar cannot be liable. Overseas orders can take up to 4 weeks to be delivered. Please note that the Republic or Ireland is included as overseas. Please note that we cannot be held liable for orders arriving late caused by Royal Mail. Please Order from FunkyCar with enough lead-time to prevent any loss or disappointment resulting from the delivery time, as FunkyCar cannot be responsible for this. This does not affect your statutory rights as a consumer. <back to top...> Copyright and Trade Marks FunkyCar does not give you any right or interest in any copyright or intellectual property rights in any Product nor the right to copy them. The copyright in FunkyCar and the content of all the software, web site and pages relating to the FunkyCar web site is owned by, or licensed to FunkyCar, unless otherwise specified and may not be used, copied or altered without our express consent. Copyright extends to the design, look and feel of FunkyCar, all photographs on it and its marketing materials. You may use FunkyCar for private and personal non-commercial use only - i.e. to view, copy and print portions of FunkyCar for the sole purpose of placing Orders. The materials on FunkyCar may not be used for any other purpose. <back to top...> Privacy and Data Policy FunkyCar makes a commitment to protecting your privacy and promises only to use information collected about you in accordance with the Data Protection Act 1998. When you place an Order, we may ask you for certain information and you may submit personal data to FunkyCar (for example your name, phone number, postal address, email address). We may also record which products you are interested in and which products you purchase as well as customer traffic patterns and site use. administer prize draws; provide a more personal shopping experience. By making an Order and submitting your data you agree to this use. We will never collect sensitive information about you without your explicit consent. <back to top...> Refunds We believe that you will be delighted with your product but there may be occasions where you feel it necessary to return an item. We aim to keep the process as simple as possible. These terms do not affect your statutory rights. We will try to attend to all returns as soon as practically possible. Please email refund@funkycar.co.uk for assistance. However, due to the bespoke nature of custom-made products reserve the right to judge refunds accordingly. <back to top...> Shopping with FunkyCar Design Services & General Info Service Generally. FunkyCar Design ("FCD") and the customer ("Customer") hereby agree to the following terms and conditions with respect to the provisions by FCD to the Customer of graphic design services, which are identified and/or described in the service agreement attached to these terms and conditions. The Customer will be provided with the Service according to the Packages chosen by the Customer as detailed on the FCD website. Customer’s Designs will be created iteratively through a Design process of Creative Briefing-Basic Mock-ups-Feedback & Evaluation-Revisions, ultimately resulting in a final Design conforming to Customer's Creative Briefing and Feedbacks. Creative Briefing and Designs. The Customer is solely responsible for preparing and sending detailed answers to our online design brief. FCD is under no obligation to review a Creative Briefing or further Feedbacks for any purpose, including accuracy, completeness of information, quality or clarity. FCD may decide, in its sole discretion, to deny a Creative Briefing or Feedback. When FCD provides a set of Designs to the Customer, the Customer shall review the Response. If the Customer fails to promptly inform FCD that the provided Designs are not reasonably responsive to the provided Feedback, the Client will be deemed to have accepted the Designs. If the Customer notifies FCD that the Customers consider a Design as not reasonably responsive to the Feedback, the Customer shall provide information regarding amendments or modification to be made to the initial Designs. After providing this feedback, the Customer will be provided subsequent designs that conform to the additional criteria requested by the Customer. Revision stages. Revision stages are in theory unlimited and consist of revisions that incorporate changes requested by the customer in prior feedback. The purpose of each revision stage is to create designs that move forward in a specific direction from a single design composition as chosen by the Customer. However, FCD reserves the right to limit revisions for any customer at any time if they are deemed to be abusing or misusing the FCD service. Customer orders. Payment. The Customer ordering for any of the available services must pay for the Service in advance, by any of the payment methods provided by FCD. The Customers will be charged for the Package(s) selected. FCD will email client a receipt for the transactions in which the Customer is involved and provide the Customer with all the information necessary to start the design process. Refunds. If Client is not satisfied with the Basic Concepts provided by FCD, Client may request a refund by completing the Refund Request form that will be provided to the Customer upon request. Upon timely receipt of the completed form, FCD will refund the total payment made by Client, less a fifty-pound (£50.00) service and processing fee. Once the Customer requests additional revisions for any of the initial concepts, the Customer shall forfeit the right to the refund as outlined above. Acceptance of such refund shall constitute the Customer’s sole and exclusive remedy with respect to such Basic concepts. Should the Customer receive such refund, Customer acknowledges that it will have no right (express or implied) to use any Basic concept or other work product, content, or media, nor any ownership interest in or to the same. The refund policy will not take effect: If we have received feedback on one or more of the basic concepts. If the company we are making the logo for closes, changes their name, or their activity. If the project was closed for reason unrelated to our design. If we do not hear back from you for more than 1 month. Project duration. The Customer agrees to provide timely responses to FCD after receiving status notifications from FCD. The Customer shall have 15 days to respond to each set of designs sent to the Customer for review. If after 15 days the Customer has failed to respond, FCD will assume the Project complete and the Project shall be deemed to be complete. At such time, FCD will have no further obligation to the Customer. Eligibility Requirements. The Customer must be at least 16 years of age, agree to these Terms and Conditions and the Privacy Policy, and complete the on-line form. By asking graphic design services, you represent and warrant that you meet these eligibility requirements, that the information you include as part of the ordering process is complete and accurate and, if you are ordering services on behalf of an entity, that you are authorized to bind that entity to these Terms and Conditions. FCD may accept or reject your order in its sole discretion. Authorization to Use; Permitted Uses. You may use the Service solely in accordance with these Terms and Conditions and any posted policies and procedures that appear on the FCD’s Web Site. Prohibited Uses Generally. The Customer is required to comply with all applicable laws (including, without limitation, any applicable export controls) in connection with his use of the Service. Without limiting the foregoing, you agree not to communicate information or other material that (i) is copyrighted, unless you are the copyright owner; (ii) reveals trade secrets, unless you own them; (iii) infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;(iv) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. Although FCD intends to use commercially reasonable efforts to make the service available, FCD makes no representation, warranty or covenant that the Service will be available at all times or at any time. Various circumstances may prevent or delay in the delivery of information or designs. FCD shall not be responsible for any loss, cost, damage or liability that may result. Ownership; Rights to Use. Rights of FCD. The Customer grants FCD and its mother company a royalty-free, perpetual, irrevocable, sublicenseable, exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works, in any form, media, or technology now known or later developed, the designs provided by FCD, for the full term of any intellectual property rights that may exist in such designs to the extent necessary to provide the Customer with the Service and the designs. Rights of the Customer. Subject to the Customer’s compliance with the terms and conditions of this Agreement, the Customer shall own the final design provided to the Customer by FCD hereunder. The Customer shall not, however, own any materials, media or other content generated during any revision cycles leading up to the final design, with such right, title and interest expressly reserved to FCD. The customer acknowledges and hereby grants to FCD the right to use Creative and Revision Briefs, as well as individual designs provided to the Customer, for internal and filing purposes, and in order to display and promote the FCD Service. The Customer acknowledges that his rights under this Agreement shall be limited solely to the final design chosen by him and that no trade or service marks in or to such final design is being conveyed under this Agreement. The Customer acknowledges that FCD shall have no obligation or duty to perform trade or service mark searches or inquiries, or the like, in order validate the propriety or legality of the provided compositions. Accordingly, the Customer is encouraged to perform its own independent searches with regard to the designs provided by FCD. Furthermore, The Customer acknowledges that FCD shall have no responsibility or obligation of any kind to assist the Customer in seeking national or international intellectual property protection (i.e., without limitation, trademark registration) for the designs, nor shall FCD be responsible in otherwise assisting the Customer in any way in the Customer's perfection of the Customer's rights in or to the designs. Nondisclosure and Privacy. Privacy. FCD intends to use commercially reasonable efforts to follow its privacy policy; as such privacy policy may be changed from time to time at FCD's sole discretion. Notwithstanding the foregoing, FCD cannot and does not assume any responsibility or liability for any information provided by the Customer to FCD which may be disclosed by accident or by third parties' illegal acts. Disclaimers; Limitations of Liability. Disclaimer of Warranties. THE SERVICE AND THE RESPONSES ARE PROVIDED "AS IS." FCD MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO THE CUSTOMER OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SERVICE, INCLUDING ANY PART THEREOF, OR OTHER CONTENT THAT MAY BE PROVIDED BY FCD. THE CUSTOMER ACCEPTS THAT THE ELECTRONIC DEVICES AND SOFTWARE USED BY THE CUSTOMER TO REVIEW THE DESIGNS PROVIDED BY FUNKYREMIX DESIGN MAY DISTORT THE COLORS, SHAPES AND EFFECTS USED TO CREATE THE SAMPLES. ALD DISCLAIMS ANY WARRANTY RELATED TO THE ACCURACY OF THE OUTPUT DEVICES USED BY THE CUSTOMER -WHATEVER ITS NATURE- AND KEEP THE RIGHT TO STATE THE SPECIFICATIONS OF A GIVEN DESIGN BY USING STANDARD COLOR, MEASURE AND DESIGN CODES. THE CUSTOMER WILL ACCEPT THOSE SPECIFICATIONS AS THOSE CORRESPONDING TO THE CHOSEN DESIGN. FCD DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, FCD DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, QUALITY OR OMISSIONS IN THE SERVICE, WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, AND WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY FCD OR ANY THIRD PARTY. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANYOF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICE WILL MEET THE CUSTOMER’S NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. Limitation of Remedy. NEITHER FCD NOR ANY THIRDPARTY SHALL BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY REMEDY, LIABILITY, DAMAGES, COSTS, OR LOSSESWHATSOEVER RELATING IN ANY WAY TO THE SERVICE. Exclusion of Consequential Damages. IN NO EVENT SHALL FCD OR ANY THIRD PARTY BE LIABLE TO YOU OR ANYOTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE SERVICE PROVIDED BY FCD, INCLUDING ANY PART THEREOF, OR ANY OTHER CONTENT,(INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE DESIGNS PROVIDED BY FCD, EVEN IF FCD OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. Indemnification. Upon a request by FCD, you agree to defend, indemnify and hold harmless FCD and its employees from all liabilities to, claims of any third party due to or arising out of your violation of any of these Terms and Conditions, and any expenses, including, without limitation, reasonable solicitor fees, incurred in connection therewith. Termination. FCD reserves the right, in its sole discretion, to terminate the Service, at any time, with or without notice. In the event of such termination, FCD will work with the Customer to determine the amount of any refund (if any) to be paid to the Customer as a result of such termination. Should the Customer’s use of the Service result from the Customer’s material breach of the terms and conditions of this Agreement, or any other agreement to which FCD and the Customer are a party, the Customer shall not be entitled to any refund, unless otherwise mutually agreed upon by the parties. General. These Terms and Conditions set forth the entire agreement and understanding of the parties with respect to the subject matter hereof and supersede any and all prior oral or written agreements and understandings, and any and all contemporaneous oral agreements and understandings between you and FCD regarding the subject matter of these Terms and Conditions. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such provision shall be deemed null and void, but the remaining provisions shall continue in full force without being impaired or invalidated in any way. The language of these Terms and Conditions shall be deemed to be the language mutually chosen by the parties and no rule of strict construction shall be applied against or in favour of either party hereto. The section headings and other headings contained in these Terms shall not affect the meaning or interpretation of these Terms and Conditions. If FCD and the Customer have need for legal recourse to settle any dispute the case will be handled by a court of law having jurisdiction over the FCD’s location. <back to top...>
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