TERMS & CONDITIONS
Updated February 19, 2020
Welcome to www.madebyjames.co, as operated by Baby Giant design co. All Rights Reserved. Registered in England and Wales company No. 07559923. These are our rules if you want to use our website and the services or products available on our website. If you do not agree to these rules, you cannot use our site. We can change these rules whenever we want and will post the new rules on our site, whether you notice them or not. We have intentionally written them in a way that avoids legalese so that everyone can clearly understand and agree to the rules and understand their rights and responsibilities.
We hope there won’t be any problems and that you will reach out to us if you are having issues with our site, service, or products.
1 Site Services
We agree to provide you with services, or the “Service” through www.madebyjames.co. In exchange for providing this service, we require you to follow these rules:
1. You must be at least 13 years old to use the Site, or if you are a resident of the EU, you must be at least 16 years old. Don’t lie about your age. If you are under 18, you agree that a parent or legal guardian agrees to these rules on your behalf.
3. Don’t change anything about our website or applications, upload any type of virus or malware, or do anything that might interfere with the way the Site or its services works.
4. Don’t do anything that might affect how other people use and enjoy the Site.
5. Don’t encourage anyone to break these rules.
6. Use your common sense, and be a good human.
7. Don’t post anything violent, or anything that promotes violence or violent groups, or that might make other people feel scared.
8. Don’t post content that contains nudity, sexual violence, or commercial sexual services.
9. Don’t post content that promotes crime or anything that would break the law.
10. Don’t bully anyone or post anything horrible about people. By bullying, we mean making a degrading statement about someone or posting inappropriate images that threaten someone. If you wouldn’t say it to someone’s face, you shouldn’t say it on the Site. And if you can’t say anything nice or at least constructive, maybe you shouldn’t say anything at all.
11. Don’t post personal or private information about someone else. This includes someone’s contact information like their phone number, address, email, location, or other private details.
12. Don’t post stuff that doesn’t belong to you or infringes upon someone else’s intellectual property.
13. Don’t use anybody else’s account without their permission or try to find out their login details.
14. Don’t let anyone else use your account. Keep your password secret.
15. Don’t set up an account with someone else’s name, including a famous person or company. If you lie when you set up an account, you can be kicked off forever.
16. Don’t use any type of software or robot to create accounts or access Site, and don’t use it send spam or unwanted messages to others.
17. Don’t register an account if your previous account was disabled or you were kicked off for violating our rules.
18. Don’t register for an account if you are not allowed to under any other rules or laws.
2 Your Rights
2.1 You have the right to feel safe using this Site.
We reserve the right to republish or distribute anything you upload to our site as reasonable in the course of our business. You agree not to submit any content that could be illegal or serve an unlawful purpose, including, but not limited to, content that is potentially libellous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.
2.4 If you are a resident of the EU, you have the right to be forgotten and can delete your account and the content on your page at any time by logging in and completing a delete request. It may take a few days to process and may be visible by others in the meantime. Some of your content that was on other accounts or pages or that was shared may survive and may not be deletable. Please think before you post. We may also keep your registration information for as long as we need to do to run our business and to follow these rules.
2.5 You are responsible for anything you do on Site under your login, including things you post and comment on. You are responsible for making sure the stuff you post belongs to you, including any music or photos. If you post something you shouldn’t and get a fine, you will have to pay it.
3 Our Rights
3.1 We are not responsible for the following:
1. Links to other companies or websites, even when the link shows up in Site
2. What happens when you connect your Site account to another website or service, including sharing a picture or video. You should read the rules for that service to know your rights.
3. The data cost on your mobile device for using Site or its services.
4. Any content that is stolen or copied from the Site by someone else.
3.2 We can end the Site and its services at any time or stop you from using Site at any time for any reason without letting you know beforehand. We can also delete content you have uploaded for any reason, whether you think they violated our rules or not. We do not have to pay you if we delete content that was making you money.
3.3 We can make you switch your username for any reason.
4 Intellectual Property Rights
All images, text, designs, graphics, trademarks and service marks are owned by and property of Baby Design Co Ltd, or the properly attributed party. It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on this Site is illegal and may be prosecuted to the fullest extent permissible, including asking for financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately. Do not try to use our stuff, remove it, change it, or claim to be us without written permission.
You may use our intellectual property with clear and obvious credit back to our site, as well as correct links back to the page where the materials, designs, images, text, quote or post is specifically located. You may never claim any of our intellectual property as your own or your original creation, however, even with attribution. Please utilise the grandma test: If a grandma saw the content on your site, she should understand that the content is NOT yours. If you cannot make the distinction that clear, then please do not use our content in any way.
Limited Use with Attribution:
5 This Agreement
5.1 If you use other third-party services on the Site, including payment services, you will need to follow those rules or terms. If any of those rules conflict with these rules, those rules will win.
5.2 If a court finds any of this Agreement unenforceable, the other rules will still be valid.
5.3 Any changes to these rules must be made in writing. If we fail to enforce any of these rules for any reason, we still have the right to enforce them in the future, and our behaviour will not be a waiver of our overall rights in this Agreement.
5.4 We reserve all the rights we did not expressly grant or tell you about in this Agreement.
5.5 No one else besides you and us (no third parties) have rights under this agreement.
5.6 You cannot give these rights or obligations to someone else without our consent. We can give our rights and obligations to someone else, however, like if we change ownership by selling part or all of our business, or if we need to for legal reasons.
6 Advertising, Affiliates & Testimonials
This site may use advertising or affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed ads or affiliate links in addition to this disclaimer located in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications. Any testimonials reflect the accurate experience of the person quoted, however, your results with any particular product or service may vary.
7 Limits on Liability
7.1 Site operates as is, and we can’t guarantee it will be safe and secure or will work perfectly all the time. Sometimes crazy things and mistakes happen, even when we try to find reliable vendors to help us operate the Site and its services. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service. You should read and agree to their rules and terms.
7.2 We cannot predict when issues might arise with our service. We are not responsible for lost profits, data or any kind of damages connected to you using the Site.
7.3 You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorney’s fees and costs, arising out of or connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you may not settle any claim without our prior written consent.
7.4 Nothing on the site, or offered through its services or products, is intended to diagnose or treat any physical or mental illness. No information on the site is intended to be legal, medical, or financial advice and is for educational purposes only, unless clearly marked otherwise
8 How We Will Handle Disputes
8.1 We hope there won’t be any problems and that you will reach out to us if you are having issues with our service. But, if you have a legal problem with Site, you agree to use binding arbitration under the AAA, which means you will not get go to court by yourself or with others or be part of a class-action lawsuit or arbitration. We and you waive a trial by jury. The following claims don’t have to be arbitrated and may be brought to court: small claims, intellectual property disputes (like copyrights and trademarks), or efforts to interfere with the services or engage with the service in unauthorised ways. A court can also decide issues about the scope and enforceability of these arbitration provisions.
9 General Conditions
All preparation materials, sketches, visuals, including the electronic files used to create the project remain the property of James Martin (Baby Giant Design Co). The final artwork/digital files will become the property of the client mentioned in this proposal ONLY upon final payment of the project.
It cannot be stress enough that if final payment is NOT received as agreed and set out in the initial proposal, all designs and concepts will remain the property of James Martin (Baby Giant Design Co) until payment is received. If there are issues with the final payment, James Martin (Baby Giant Design Co) then reserve the right to reuse or amend any of these ideas for other clients or to be used freely as concepts in my portfolio.
Should the client attempt to use/modify/alter/replicate or steal any of my ideas without making agreed final payment, James Martin (Baby Giant Design Co) will take immediate legal counsel.
James Martin (Baby Giant Design Co) reserves the right to show any artwork, ideas, sketches created for this project in a portfolio as examples of client work. This can be during the project and also on completion. If you have any specific secrecy requirements, please mention this before agreeing to the proposal.
Final payment ensures that ONLY the agreed design becomes the clients property. Any previous ideas/ concepts remain the property of James Martin (Baby Giant Design Co), unless any prior agreement has been made.
James Martin (Baby Giant Design Co) reserve the right to suspend any project if a client: interferes with excessive micromanaging, demonstrates a continued lack of trust and inability to move forward after showing more than a reasonable number of unique logo ideas/concepts and/or shows reluctance in paying the final payment.
Fair notice will be given with fair chance to remedy the situation without resorting to project suspension or termination. Any suspension or termination will not result in any refunds.
If you (the client) choose to cancel the project midway through the project, where ideas and proposals have been submitted, refund of previous payment is not possible. However, depending on the work completed and overall budget, a portion of the funds ‘may’ be returned.
If James Martin falls ill or is unable to complete the project due to unforeseen circumstances a portion of the overall budget will be returned. In most cases the complete amount will be refunded. If the work so far completed can be used for another designer to pick up, then a percentage will be refunded based on work completed or any other reasonable suggestion will be considered.