We make no representation that the Site's materials are appropriate or available for use in other locations, and access to them from territories where its contents are illegal is prohibited. Those who choose to access them from locations outside Canada are responsible for compliance with all applicable laws.
These Terms apply to all visitors, users, and others who wish to access or use the Service.
Thank you for being responsible.
By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send by e-mail. However, you may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link in each e-mail, by changing your e-mail preferences on your account management page or by sending us an e-mail.
Use of the Service
The characteristics of the Service are defined by the type of Plan (collectively, “Plans”) that you subscribe to; however, all Plans offer unlimited requests of graphic design service and unlimited revisions. The Ocean Plan is the only plan that also includes unlimited requests of web design services. Each Plan has defined limitations in the number of brands, registered users, design turnover, dedicated designer or web designer, and dedicated account manager. The details of each Plan are available on the Site.
A Subscription is a measure that represents the fulfillment of your needs or prioritized demands, through our team and platform, within the deadlines defined for each contracted Plan. While we accept unlimited requests and revisions with a Subscription, our output volume and speed of delivery depends on many factors, such as: (i) the type of Plan selected for the Subscription; (ii) the volume of requests; (iii) and the complexity of requests.
We do not guarantee the amount of work that we can deliver within a business day for a Subscription; however, you can increase the volume and speed of delivery by adding more Subscriptions to your account.
Subject to your compliance with this Agreement, as well as your Subscription for an applicable Plan and our timely receipt of your associated payment(s), we will make the applicable Service available to you during the term to which you have subscribed. We will use commercially reasonable efforts to make the Service available subject to planned downtime and any unscheduled emergency maintenance. We may modify, replace, or discontinue the Service at any time, for any reason, without notice.
We do our best to minimize any mistakes. However, due to the nature of creative design, we cannot guarantee all files delivered will be 100% error-free. When we deliver a design project (“Design Project”) to you, you agree to review and proof all files for any errors or omissions and notify us of any changes or corrections needed within seven (7) days of receipt. We will do our best to rush edits to correct any mistakes that you notify us about during this time. After that time, if you don’t request any changes, our platform will automatically mark the Design Project as completed; however, if you notify us of any errors after that time, we are not required to but intend to try to work with you to make corrections.
You may use the Service for any number of projects and scope that you have subscribed for under the applicable Plan. We do not recommend the use of the Service for time-sensitive projects. However, we will do our best to work with you to accommodate any priority items and your timelines.
You are responsible for obtaining and maintaining all telecommunications, broadband, and computer equipment and services needed to access and use the Service and for paying all fees related to that.
Subject to your continued compliance with this Agreement, including timely payment of associated amounts due, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferrable license to access and use the Service for your internal business purposes.
You are, and will be, the sole and exclusive owner of all right, title, and interest in and to the deliverables of a Design Project, including all intellectual property rights therein. We agree that concerning any deliverables that may qualify as “work made in the course of employment” by our team of designers as defined in Canada’s Copyright Act (R.S.C. 1985, c, C-42), such deliverables are deemed a “work made in the course of employment” for you. To the extent that any deliverables do not constitute a “work made in the course of employment”, we irrevocably assign you all right, title, and interest worldwide in and to the deliverables, including all intellectual property rights therein. Notwithstanding the foregoing, the terms of this section are subject to your compliance with this Agreement and your full payment of applicable amounts due.
We may use certain pre-existing materials to provide the Service to you. We and our licensors ("Licensors") are, and will remain, the sole and exclusive owners of all right, title, and interest in and to any pre-existing materials. We grant you a perpetual, worldwide, limited, royalty-free, non-transferable, non-sublicensable license to use, display, and distribute any pre-existing materials to the extent incorporated in, combined with, or otherwise necessary for the use of the Service or deliverables. We expressly reserve all other rights in and to such pre-existing materials as defined in the Licensed Content section below.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or another payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to:
(a) product or service availability;
(b) errors in the description or price of the product or service;
(c) error in your order;
(d) or other reasons.
We reserve the right to refuse or cancel your order and terminate your account in the event of non-payment of amounts owed to us or if fraud, unauthorized or illegal transaction is suspected.
Some parts of the Service are billed on a Subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly, quarterly, or annual basis, depending on the type of Subscription plan you select when purchasing a Subscription.
Before we have any obligation to provide the Service, you must pay for the Subscription (as well as applicable taxes) in full, in such amounts and for such Billing Cycle as specified during registration, as updated (prospectively, not retroactively) by you from time to time.
At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless you cancel it or Jubarte Design cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Jubarte Design ' customer support team.
A valid payment method, including credit card, is required to process the payment for your Subscription and applicable taxes. You shall provide Jubarte Design with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Jubarte Design to charge all Subscription fees and applicable taxes incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, Jubarte Design will issue an electronic invoice indicating that you must proceed manually, within a specific deadline date, with the full payment corresponding to the billing period, as stated on the invoice.
Overdue charges will accrue interest monthly at the rate of 1.5% of the then-outstanding unpaid balance, or the maximum rate permitted by law, whichever is lower. We reserve the right to terminate your account in the event of non-payment of amounts owed to us.
All amounts owed under this Agreement are non-cancelable and non-refundable, except as expressly provided in the section Refunds below.
We hope you are pleased with our Service. If for whatever reason, you are not, you may cancel your Subscription with us at any time as your sole remedy. Upon cancellation, you will continue to have access to the Service and your design files through the end of your current paid billing term. Once the billing term has ended after cancellation, you will no longer have access to the Service and may lose access to your design files through the Site.
Jubarte Design may, at its sole discretion, offer a Subscription with a free trial for a limited time (“Free Trial”). You may be required to enter your billing information to sign up for Free Trial.
If you enter your billing information when signing up for Free Trial, you will not be charged by Jubarte Design until the Free Trial has expired. On the last day of the Free Trial period you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected, unless you cancelled your Subscription.
From time to time and at our sole discretion, we may initiate Beta Tests (“Beta Test(s)”). We may implement, run, suspend, or terminate a Beta Test at any time without notice or liability, and do not guarantee that a tested product, service, modification, upgrade, or another adjustment to the Site, Service, or means of providing the Service, will become part of the Service.
We may deliver (and subsequently cease delivering) a Beta Test to all or any subset of Jubarte Design Account holders at our discretion without prior permission at any time. We may adjust our prices accordingly if we decide to incorporate a tested product or service into the Jubarte Design platform. Jubarte Design accepts no liability for any consequences resulting from or related to your participation in a Beta Test.
Jubarte Design, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
We will provide you with reasonable prior notice of any change in Subscription fees to allow you to terminate your Subscription before such change becomes effective. We are not required to notify you of temporary promotions or reductions in fees.
Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
We can issue refunds for Subscriptions within fourteen (14) days of the original Purchase of the Subscription. After these fourteen days, refunds are not possible under any circumstance, including unused time.
We may refuse a refund request if, in our sole discretion, we find evidence of fraud, refund abuse, or other manipulative behaviour.
Promotions, upgrades, and adjustments to existing plans are non-refundable.
Contests, Sweepstakes, and Promotions
Our Service allows you to submit, link, store, share and otherwise make available certain information, text, artwork, graphics, stock photographs, audio, videos, typeface, designs, or other material (“Customer Content”). You are responsible for Content that you submit on or through Service, including its legality, reliability, and appropriateness.
By submitting Customer Content on or through the Service, you grant us a worldwide, royalty-free, non-exclusive license to access and use such content to provide the Service. You also represent and warrant that: (i) Customer Content is yours (you own it), you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the submission of Customer Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity.
We reserve the right to terminate the account of anyone found to be infringing on a copyright.
We take no responsibility and assume no liability for Customer Content you or any third party submits on or through the Site.
While you are and will be the sole and exclusive owner of all right, title, and interest in and to your Design Project, the content that we license to you (“Licensed Content”), including artworks, stock photographs, audios, videos, typefaces, designs and writing when incorporated into your Design Project is subject to the license described in this section. No rights are granted to you other than as expressly set forth herein.
Subject to compliance with this Agreement and full payment of applicable amounts due, we grant you a revocable, non-exclusive, non-transferrable, royalty-free, worldwide right and license to the Licensed Content for your personal or professional use, limited to use in your Design Project.
Except as expressly permitted by us, you agree not to, directly or indirectly, stockpile, sell, lease, sublicense, distribute, copy, reproduce, republish, reverse engineer, download, data mine, or modify any Licensed Content made available through the Stock Service provided in our Site.
To the extent that we license the Licensed Content from any third party, including but not limited to Unsplash, Deposit Photos, and Getty Images (“Licensors”), you agree to comply with the relevant third-party license. Except with our written permission, you may not:
(a) Sell, resell, rent, lease, sublicense, assign, grant a security interest in, or otherwise transfer any part of your rights to use Licensed Content apart from a design deliverable prepared by us or as part of a design product for your personal use;
(b) Use Licensed Content in a pornographic, defamatory, or another unlawful manner;
(c) Falsely represent that you are the original creator of any Licensed Content;
(d) Change, alter, adapt, translate, convert, modify, or make any derivative works of any Licensed Content;
(e) Use Licensed Content in any way that allows others to download, extract, or redistribute Licensed Content as a standalone file or work.
Our Licensors and we retain ownership over Licensed Content licensed from them, whether downloaded through our Stock Services or incorporated into your graphic design deliverable. We reserve the right to terminate, revoke, or withdraw all licenses upon your failure to comply with any provisions of this Agreement. In the event of any termination, you will have no further right to make use of the Licensed Content, which may include the Licensed Content that we have included in your design deliverable, except if used as a linked part of your delivered Design Project.
Service and its original content (excluding Customer Content and Licensed Content that have specific rules as detailed above), features, and functionality are and will remain the exclusive property of Jubarte Design and its licensors. Service is protected by copyright, trademark, and other laws of foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Jubarte Design.
Also, content found on or through this Service (“Company Content”) are the property of Jubarte Design or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Company Content, whether in whole or in part, for commercial purposes or personal gain, without express advance written permission from us.
You may use Service only for lawful purposes and in accordance with the Agreements. You agree not to use Service:
(a) In any way that violates any applicable national or international law or regulation;
(b) To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content or otherwise;
(c) To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation;
(d) To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity;
(e) In any way that infringes upon the rights of others, or in any form is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity;
(f) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
Additionally, you agree not to:
(a) Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real-time activities through Service;
(b) Share usernames or passwords to access the Site;
(c) Abuse the Service or our team in any way, including using our Services for illegal purposes;
(d) Access or use the Services to monitor its availability, performance, or functionality for competitive purposes;
(e) Reverse engineer (except to the extent permitted explicitly by statutory law), decompile, disassemble, or otherwise attempt to discover source code, object code or underlying structures, ideas, or algorithms of the Service; and
(f) Use any robot, spider, or other automatic devices, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service;
(g) Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent;
(h) Modify, translate, or create derivative works based on the Service;
(i) Use any device, software, or routine that interferes with the proper working of Service;
(j) Introduce any viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful material;
(k) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service;
(l) Attack Service via a denial-of-service attack or a distributed denial-of-service attack;
(m) Take any action that may damage or falsify Company rating; and
(n) Otherwise, attempt to interfere with the proper working of Service.
No Use By Minors
Service is intended only for access and use by individuals at least eighteen (18) years old. By accessing or using the Service, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this Agreement and abide by all of the terms and conditions of Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of Service.
When you create an account with us, you guarantee that you are above the age of 18 and that the information you provide us (“Registration Data”) is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and account. You agree to accept responsibility for all activities or actions that occur under your account, password or both, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Each person who uses the Service must have a separate username and password. As mentioned in the section Prohibited Uses above, usernames and passwords to access the Service cannot be shared.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar, or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
For purposes of this Agreement, the non-public or proprietary information, including, without limitation, information relating to current or future business, products and services, research, images, development, design details, and specifications, and marketing plans are considered confidential (“Confidential Information”).
You may disclose to us your Confidential Information during the course of our relationship. We agree to hold in confidence and not disclose to any third party any of your Confidential Information, except as approved or directed in writing by you and will use your Confidential Information for no purpose other than for the Services. We will limit access to your Confidential Information to only those employees, officers, directors, contractors, representatives, and agents involved in providing Services to you. We will be responsible to you for any breach of this provision by our employees, officers, directors, contractors, representatives, and agents.
We may similarly disclose to you our Confidential Information during the course of our relationship. You agree to hold in confidence and not disclose any of our Confidential Information to any third party, except as approved or directed in writing by us and will use our Confidential Information for no purpose, except as permitted by this Agreement. You will limit access to our Confidential Information to only those employees, officers, directors, contractors, representatives, and agents to whom it is necessary to disclose our Confidential Information. You will be responsible to you for any breach of this provision by your employees, officers, directors, contractors, representatives, and agents.
Notwithstanding anything to the contrary in this Agreement, the following is not Confidential Information:
(a) Information that was in the public domain at the time of its disclosure or has entered the public domain without breach of this Agreement;
(b) Information that was already in the rightful possession of a party at the time of disclosure;
(c) information that is independently developed by a party without breaching this Agreement; or
(d) information that becomes known to a party, without restriction, from a third-party source not directly or indirectly involving a breach of this.
As a result of this, you grant us a limited, nonexclusive, non-sublicensable, royalty-free worldwide license to use, publish, and display any deliverables that we develop in connection with the Services for marketing and advertising (the “Portfolio Rights License”).
You may revoke the Portfolio Rights License at any time by sending written notice to our e-mail. If you revoke the Portfolio Rights License, we will stop using your deliverables for marketing and advertising purposes. However, your deliverables may continue to exist elsewhere online such as where others have used the deliverables under the Portfolio Rights License.
We respect the intellectual property rights of others and take claims of copyright infringement seriously. Our policy is to respond to any claim that the Company Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via e-mail, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement. A notification of alleged copyright infringement shall include as much detail as possible to allow us to identify the facts or circumstances, including, where possible:
(a) A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyright that is allegedly infringed;
(b) Specific identification of each copyrighted work claimed to have been infringed;
(c) A description of where the material believed to be infringing is located on the Site or the Services (please be as detailed as possible and provide a URL to help us find the content you are reporting);
(d) Contact information for the complaining party, such as a complete name, address, telephone number, and e-mail address;
(e) A statement that the complaining party has a good faith belief that use of the work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate and that the complaining party is the owner of the right that is allegedly infringed or agent for the owner.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the Infringement of any Content found on the Service on your copyright.
Error Reporting and Feedback
You may provide us either directly by e-mail, via the Service, via Site, or via third party sites and tools, information and feedback concerning errors, suggestions for improvements, ideas, problems, testimonials, complaints, and other matters related to our Service (“Feedback”).
You acknowledge and agree that:
(a) You shall not retain, acquire or assert any intellectual property right or other rights, title or interest in or to the Feedback;
(b) Jubarte Design may have ideas in development similar to the Feedback;
(c) Feedback does not contain confidential information or proprietary information from you or any third party; and
(d) Jubarte Design is not under any obligation of confidentiality with respect to the Feedback.
In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Jubarte Design and its affiliates an exclusive, transferable, worldwide, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) the Feedback in any manner and for any purpose.
The third-party sites and tools mentioned above include the following:
Rollbar is an error tracking service provided by Rollbar Inc. Find out more here: https://docs.rollbar.com/docs/privacy-policy.
Sentry is an open-source error tracking solution provided by Functional Software Inc. More information is available here: https://sentry.io/privacy/.
We may use third-party Service Providers to monitor and analyze the use of our Service.
Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its advertising network.
For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en.
We also encourage you to review Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Jubarte Design.
Jubarte Design has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE AND AGREE THAT COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD-PARTY WEBSITES OR SERVICES.
Disclaimer Of Warranty
We represent and warrant that you will receive a good and valid title license to all deliverables, free and clear of all encumbrances and liens of any kind, except for Licensed Content and other pre-existing materials, which may be subject to additional terms and restrictions.
THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, AND OTHER VIOLATION OF RIGHTS, EITHER ORAL OR WRITTEN, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, TRADE, OR OTHERWISE.
THE PRECEDING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER, IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN THE USE OR INABILITY TO USE THE SITE, AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR LOST PROFITS, REVENUES, DATA, FINANCIAL LOSSES, PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. THIS PARAGRAPH DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
YOU AGREE TO DEFEND, 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 IN ANY WAY CONNECTED TO CUSTOMER CONTENT OR USE OF THE SERVICE OR ANY DELIVERABLES. YOU SHALL COOPERATE AS REQUIRED BY US IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU WILL NOT, IN ANY EVENT, SETTLE ANY CLAIM WITHOUT OUR PRIOR WRITTEN CONSENT.
You will not use or access our Service if you are located in any jurisdiction in which the provision of our Service is prohibited under Canadian, the U.S. or other laws (a “Prohibited Jurisdiction”) and you will not provide access to our Service to any government, entity or individual located in any Prohibited Jurisdiction. You confirm that you are not named on any Canadian or U.S. government list of persons or entities prohibited to transact with any Canadian or U.S. person; (b) you are not a national of, or a company registered in, any Prohibited Jurisdiction; (c) you will not allow Authorized Users to access or use our Service in violation of any Canadian, the U.S. or other export embargoes, prohibitions or restrictions; and (d) you will comply with all laws regarding the transmission of data exported from the country in which you (or your Authorized Users) are located to Canada and the United States.
This Agreement and the rights and obligations herein are personal to you. You may not assign or otherwise transfer this Agreement or any of your rights or obligations hereunder without our prior written consent. We may freely assign this Agreement, including, without limitation, in connection with a merger, acquisition, bankruptcy, reorganization, or sale of some or all of our assets or stock.
We may terminate this Agreement at any time upon notice if you default or breach this Agreement. Upon expiration or termination of your account or Subscription to a Service, all rights under this Agreement relating to such Service will immediately terminate. You will lose all access to the applicable Service, including access to your account and Customer Content or other files. If we terminate the Agreement for your breach, any licenses to Licensed Content will terminate.
This Agreement will expire and terminate upon the expiration or termination of your account or Subscription to Service. You may cancel your Service or downgrade your Plan at any time through our website. If you cancel (or downgrade) a Service already paid, you must continue to pay for the rest of your Plan’s term (monthly, quarterly, annually) and you are not entitled to a refund except for what is defined in the section Refunds above.
The confidentiality obligations under this Agreement will survive for five (5) years after the termination of this Agreement.
All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The laws of the Province of British Columbia and Canadian law applicable in British Columbia will govern any dispute (“Dispute”), cause of action or claim arising out of this Agreement or your use of our Service, including against any Jubarte Design Party without regard to any choice of law, conflicts of law or other principles that would result in the application of the laws or regulations of any other jurisdiction.
If you breach this Agreement or violate our rights or another person’s rights, we may ask a court to stop you; if we bring a claim against you, you will reimburse us for our reasonable legal fees for that claim.
If you have any kind of Dispute with us, the exclusive means of resolving it will be by confidential, binding arbitration before a single arbitrator chosen by you and Jubarte Design. You will give notice of your Dispute to us in writing.
If we do not decide together on an arbitrator within fifteen (15) days after we receive that notice, we both agree to ask the British Columbia International Commercial Arbitration Centre (BCICAC) to appoint one.
The arbitration will take place in Vancouver, British Columbia, under the Arbitration Act (British Columbia), and will follow the Domestic Commercial Arbitration Rules of the BCICAC.
The arbitrator will have the right to decide how the costs should be divided between us. The arbitrator will have the right to accept whatever kind of evidence they think is appropriate and will have the right to make whatever award they consider fair and equitable, based on legal and equitable principles, including giving an order such as an injunction (to stop one of us from doing something) or an order that you or we pay damages to the other. The arbitrator's award can be entered into the British Columbia Supreme Court registry in Vancouver, British Columbia, and enforced in the same way as a court order if the court in the enforcing jurisdiction allows.
JUBARTE DESIGN AND YOU AGREE THAT:
(A) ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION;
(B) EACH WAIVE ANY RIGHT TO A TRIAL BY JURY;
(C) ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Changes To Service
We reserve the right to withdraw or amend our Service, and any service or material we provide via Site, in our sole discretion without notice. We will not be liable if all or any part of the Service is unavailable at any time or for any reason. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.
Amendments To Terms
We may amend Terms at any time by posting the amended terms on this Site. It is your responsibility to review these Terms periodically.
Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you know of any changes, as they are binding on you.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
Waiver And Severability
No waiver by Company of any term or condition outlined in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of the Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.
If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, the remaining provisions of Terms will continue in full force and effect, and the invalid, illegal or unenforceable provision will be replaced by a valid, legal and enforceable provision or provisions that comes closest to the intent of the parties underlying the invalid, illegal or unenforceable provision.
If we are unable to perform any obligation under this Agreement because of any matter beyond our reasonable control, including but not limited to pandemic or widespread outbreak of infectious diseases; any laws, orders, rules, regulations, acts or restraints of any government or governmental body or authority, civil or military, including the orders and judgments of courts and government shutdown; exceptionally severe weather, lightning, flood, earthquake; fire, explosion; acts of war, acts of terrorism, civil disorder, sabotage; extraterrestrial invasion, zombie attack; strikes, lockouts or labor disruptions (whether or not involving our employees), acts of government, loss of or problems with telecommunications, utility services or other third-party services, and hostile internet or network attacks (each, a “Force Majeure Event”), we will have no liability to you for such failure to perform; provided, however, that we will resume performance promptly upon removal of the circumstances constituting the Force Majeure Event.
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
Contact and Notices
Jubarte Design may give notice to you by placing a banner notice on the Site. We may also contact you or your authorized users through your Jubarte Design account or contact information you provide, such as e-mail or telephone or through your account on one or more Social Networks. If you fail to maintain accurate account information, such as contact information, you may not receive critical information about our Service or this Agreement.
For any notice to Jubarte Design that you give under or regarding this Agreement, you must notify us by e-mail.
This Agreement, including the other documents referred to as applicable to the Service in this Agreement, constitutes the entire Agreement between us regarding our Service and supersede and replace any prior Agreements (oral or written) we might have had between us regarding Service.