1. ACCEPTANCE OF TERMS
This Agreement sets forth the terms and conditions that apply to use of www.zevenmedia.com by you. By using www.zevenmedia.com you agree to comply with all of the terms and conditions hereof. The right to use is personal to you and is not transferable to any other person or entity.
Please read these terms carefully before using www.zevenmedia.com and any of its features. By accessing the Site, viewing any content on the Site or using any services available on the Site you explicitly agree to be bound by all these Terms, which together with the Zeven Media Inc. policy, control our relationship with you when you use the www.zevenmedia.com site. If you disagree with any of the terms, you may not access the site. Your use of the site constitutes your consent to all of the Terms.
2. CHANGES OF TERMS
Zeven Media Inc. shall have the right at any time to change or modify the terms and conditions applicable to your use of www.zevenmedia.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on www.zevenmedia.com or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use of www.zevenmedia.com by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions.
3. DESCRIPTION OF SERVICES
Zeven Media Inc. is focused on website design, social media management, and digital media creation for enterprise clients that demand more than run-of-the-mill service. As a team, we have solid experience in all functions of online business development (from site planning to social media management and all points in between) and are ready to put our talents to work.
Our services include, but are not limited to: web site design, social media services, Digital media services and web site hosting services. These services are available through the packages described on our website. In order to acquire personalized services and packages, please contact us.
Zeven Media Inc. will deliver number of revisions which is solely based on the chosen service package. Revisions are not a set number and depend on what has been discussed with the web developer at the time of embarking on the service. For more information on revisions, please contact us.
Your access to and use of the Site may be interrupted at different times due to equipment malfunctions, site updates, maintenance or site repair or any other reason that may or may not be under the control of Zeven Media Inc. Zeven Media Inc. reserves the right to suspend or discontinue the availability of the Site and any Service at any time for any reason. Zeven Media Inc. reserves the right to remove any Content at any time at its sole discretion and without any prior notice. Zeven Media Inc. may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without any prior notice and with no liability to Zeven Media Inc.
You shall cooperate with Zeven Media Inc. to provide any and all necessary information, and other Customer Property that may be required for providing the Services contained therein. The failure to reasonably provide such requested information within Seven(7) days of request by Zeven Media Inc. shall constitute a material breach of you and shall relieve Zeven Media Inc. of any further obligations hereunder. In such event, you shall not be entitled to any refund, credit or other reduction in fee for any unfinished work. Customer shall be entitled to a copy of the work completed to up to the point of the material breach.
You shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of www.zevenmedia.com and all charges related thereto.
5. YOUR CONDUCT
You shall use www.zevenmedia.com for lawful purposes only. You shall not post or transmit through www.zevenmedia.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Zeven Media Inc. ‘s express prior approval, contains advertising or any solicitation with respect to products or services.
www.zevenmedia.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of www.zevenmedia.com are copyrighted as a collective work under the Canada copyright laws. Zeven Media Inc. owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Zeven Media Inc. and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that it does not acquire any ownership rights by downloading copyrighted material.
You shall not upload, post or otherwise make available on www.zevenmedia.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with You. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of www.zevenmedia.com, You automatically grant, or warrant that the owner of such material has expressly granted Zeven Media Inc. the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You hereby grant Zeven Media Inc. the right to edit, copy, publish and distribute any material made available on Zeven Media Inc. by you.
The foregoing provisions of Section 5 are for the benefit of Zeven Media Inc. , its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
6. ACCEPTANCE OF TERMS
Paid subscriptions to Zeven Media Inc. and other services on this site are governed by the following terms and agreement:
Zeven Media Inc. will carry out work when an order is provided orally (by phone or in person) or in writing by email or through our website checkout section. An ‘order’ is deemed to be a written contract between Zeven Media Inc. and the client. Payment terms are strictly 50% of the design fee before work commences, then the remainder upon completion prior to the site going live on your domain.OR
All packages and services are to be paid in advance of commencement of any work performed.
By purchasing any of our services you agree to comply with all of the terms and conditions hereof.
Our Services are sold on a pre-packaged basis or custom-tailored packages. The specific items included in the package that you selected during your sign-up process are as indicated on the www.zevenmedia.com or otherwise described by our representatives. Pricing for each such service is as indicated on that page at the time of your request for this service or as stated by one of our representatives. All packages are to be paid in advance of commencement of any work performed unless stated otherwise. Zeven Media Inc. expressly reserves the right to run promotional specials without undertaking any obligation to refund any service not eligible for such promotion.
Payments for subscriptions can be made via credit card, PayPal, checks or money order. All credit card subscriptions are auto-renewed until cancelled by the subscriber (by contacting Member Support).
All charges payable by you for the Services shall be in accordance with the scale of charges and rates published on our web site and shall be payable for the provision of the Services.
The Client has the option for month-to-month billing Services with the minimum being 1 month. Designnrank.com does not require any long-term contracts for any of its services. Your account will automatically renew each month unless you change your subscription.
The subscriber is responsible for all money owed on the account from the time it was established to the time that the subscriber notifies Zeven Media Inc. in writing for a request for termination of services.
Subscribers are guaranteed to receive the services outlined on your invoice, corresponding to the subscription package. Services are effective and available immediately upon receipt of payment.
Upgrading can be done at any time and the upgrade price will be pro-rated according to the time used and time remaining. The upgrade price will show in the checkout process/cart. Downgrades are not available until after the expiration of the original subscription. To downgrade please contact Member Support.
All payments to us are non-refundable unless there is a contract stating otherwise. This includes the setup-fees and all subsequent monthly recurring charges and any one time fees.
In case of any duplicate charge due to processing error, your complete design order amount will be refunded.
In case of any dissatisfaction from any design services provided by us and if there is a contract with provisions on refund policy you can submit a refund request to Customer Support or send us an email within 48 hours after making the payment and we will follow up with the request. The refunds will be subject to verifications and further discussion and approval.
However, it shall be assumed between both parties that you are satisfied with your initial designs if a refund request is not received within 48 hours of initial designs delivery. For any monthly payments, refund will be applicable the same as it is on the single packages.
All refund requests will be fulfilled as per the following arrangement:
- If refund request is made after 48 hours of initial design samples delivery, then it won’t be eligible for any refund. It will be assumed that the customer is satisfied with design samples provided.
- No refund request will be entertained if you have placed any revision on the design samples provided.
All refund requests will be subject to approval or disapproval. Zeven Media Inc. has the right to disapprove or approve any refund request based on any policy violations made by the customer. This would differ from project to project.
7. CANCELLATION INITIATED BY SUBSCRIBERS
Subscribers must notify Zeven Media Inc. in writing when they wish to cancel their accounts and must include in that notice the date they wish to cancel. Cancellation must be initiated at least 2 days before the cancellation date and this must be at least 2 days prior to the client’s next invoice date or the client will be billed for the next month. Subscriber is responsible for and must pay in full all fees which may have accrued including any monthly recurring fees and third party software fees. Notification to Zeven Media Inc. of the transfer of the subscriber’s domain name to another hosting provider does not constitute a cancellation as these are often forged without the subscriber’s knowledge.
If the subscriber cancels the subscription or the subscription is unpaid they forfeit all information and digital data (website, etc) unless the subscriber makes a request to receive all digital goods from us. The request must be made within 48 hours of service termination. Domain names are owned by Zeven Media Inc. until the subscriber decides they want to purchase the domain name. There is a fee for this transfer of domains and the subscriber should contact customer services to inquire of such fees.
8. NOTICE SPECIFIC TO DOCUMENTS AVAILABLE ON THIS WEB SITE
Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Services is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents from the Services is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made. Violators will be prosecuted to the maximum extent possible.
Zeven Media Inc. AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SERVICES FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. Zeven Media Inc. AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL Zeven Media Inc. AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SERVICES.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Zeven Media Inc. AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
9. NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS SITE
IN NO EVENT SHALL Zeven Media Inc. AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
10. MATERIALS PROVIDED TO US
Zeven Media Inc. does not claim ownership of the materials provided to us (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by inputting, providing or submitting (“Posting”) your Submission is granting Zeven Media Inc. , its affiliated companies and necessary sublicenses permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all Zeven Media Inc. Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services.
11. DISCLAIMER OF WARRANTY;LIMITATION OF LIABILITY
- YOU EXPRESSLY AGREE THAT USE OF Www.zevenmedia.com IS AT YOUR SOLE RISK. NEITHER Zeven Media Inc. , ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT Www.zevenmedia.com WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF www.zevenmedia.com, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH www.zevenmedia.com.
- www.zevenmedia.com IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
- THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT Zeven Media Inc. IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
- IN NO EVENT WILL Zeven Media Inc. , OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING Zeven Media Inc. OR THE Zeven Media Inc. SERVICES, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE www.zevenmedia.com. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
- IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, Zeven Media Inc. NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN www.zevenmedia.com, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
- FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
12. LINK TO THIRD PARTY SITES
THE LINKS IN THIS AREA WILL LET YOU LEAVE Zeven Media Inc. ‘S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF Zeven Media Inc. AND Zeven Media Inc. IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. Zeven Media Inc. IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. Zeven Media Inc. IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY www.zevenmedia.com OF THE SITE.
Zeven Media Inc. is a distributor (and not a publisher) of content supplied by third parties. Accordingly, Zeven Media Inc. has no editorial control over such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers of Zeven Media Inc. are those of the respective author(s) or distributor(s) and not of Zeven Media Inc. . Neither Zeven Media Inc. nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
13. MONITORING THE WEBSITE
Zeven Media Inc. shall have the right, but not the obligation, to monitor the content of our site, to determine compliance with this Agreement and any operating rules established by Zeven Media Inc. and to satisfy any law, regulation or authorized government request. Zeven Media Inc. shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on our website. Without limiting the foregoing, Zeven Media Inc. shall have the right to remove any material that Zeven Media Inc., in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
You agree to defend, indemnify and hold harmless the Zeven Media Inc., its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to this site; (ii) your violation of any term of these Terms & Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms & Conditions and your use of this site.
Either Zeven Media Inc. or you may terminate this Agreement at any time. Without limiting the foregoing, Zeven Media Inc. shall have the right to immediately terminate your Account in the event of any conduct by you which Zeven Media Inc. , in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement.
16. TRANSFER OF SERVICE
Subscriber shall not transfer ownership of their service with www.zevenmedia.com to any other person or entity without prior written consent from Zeven Media Inc.. If Zeven Media Inc. agrees to allow the transfer of service, the new subscriber must agree to the www.zevenmedia.com TOU and PP.
Zeven Media Inc. may utilize the services of subcontractors to fulfill any or all of the Services. Zeven Media Inc. may assign any or all of its rights and obligations to any third party without advance notice to you. In such event such third party shall be obligated to fulfill all terms set forth herein to the same extent as if this Agreement had not been assigned.
This Agreement and any operating rules for Www.zevenmedia.com established by Zeven Media Inc. constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Canada, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
18. COPYRIGHT NOTICE
Work Product (designs, domain name, digital products etc.) is own by www.zevenmedia.com being an original creation that can be protected under copyright laws. The work product can be subject to a transfer of ownership under certain prices, depending on your needs.
www.zevenmedia.com logos are trademarks of Zeven Media Inc.. All rights reserved. All other trademarks appearing on www.zevenmedia.com are the property of their respective owners.