Terms & Conditions
Last updated: 9/16/2020
THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between WORDSMITHS, LLC, a limited liability company organized under the laws of the state of Maryland (“Wordsmiths”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of Wordsmiths’ website: www.wordsmiths.studio (the “Website”) and any other media form, channel, mobile website or mobile application related, linked or otherwise connected thereto. Failure to agree and adhere to all of the terms, conditions and obligations contained herein results in the express prohibition of the Client’s use of the Website, and the Client is ordered to discontinue use immediately. Thereafter the relationship between Client and Wordsmiths shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Wordsmiths for services rendered shall remain and continue to be an ongoing obligation owed by Client to Wordsmiths.
Unless otherwise indicated, the Website is the property of Wordsmiths and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by Wordsmiths and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, foreign jurisdictions and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Wordsmiths’ express prior written permission. Wordsmiths reserves all rights in the Website, Content and Marks.
Notwithstanding Wordsmiths’ ownership of Submissions, as described in Paragraph 4 (“Client Feedback”), all design and original source files created on Client’s behalf (“Projects”) belong to Client, and Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause Wordsmiths to become the owner of a Project, in whole or in part, rather than Client, Wordsmiths irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation. Client warrants that any and all materials provided to Wordsmiths as examples or as material to be incorporated into a project during the design process are owned by Client and do not infringe on or misappropriate any third party’s rights, including, but not limited to, all intellectual property rights and any right of publicity. Wordsmiths always reserves the right to share the Client’s design work publicly (social media, website, etc.) unless agreed upon as stated in section 18 of this document.
In the event that any Project incorporates facts that are not owned by Wordsmiths and require a commercial license in order for Client to legally reproduce, distribute, or publicly display the Project (“Facts”), Wordsmiths will inform Client in writing that one or more Facts have been incorporated into the Project and that Client will need to ensure legallity from the rights-holder(s) of said Fact in order to legally reproduce, distribute, or publicly display the Content. Said notice will include information sufficient for Client to identify which Facts are required. So long as Wordsmiths has informed Client of the incorporation of said Facts as described above, Client assumes all responsibility for any consequences as a result of a failure by Client to use any unlicensed Facts.
By using the Website, Client represents and warrants that:
Client shall not access or use the Website for any purpose other than that for which the Website is made available to the Client. The Website may not be used in connection with any commercial endeavors except those related to the work performed by Wordsmiths on behalf of the Client. Further, Client agrees to refrain from the following:
Client acknowledges and agrees that any questions, comments, suggestions or other feedback or submission (each a “Submission”) shall be the sole property of Wordsmiths and Wordsmiths is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. Wordsmiths shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to Client under Paragraph 2 (“Ownership of Materials”), and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment or compensation of or to the Client. Client agrees that it has the right to articulate and put forth the Submission and Client hereby waives all claims and recourse against Wordsmiths for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.
Wordsmiths reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute or regulation. Wordsmiths further reserves the right to restrict or deny access to the Website or disable the Client’s use of the Website. Such decision shall be in the sole discretion of Wordsmiths, without notice or liability to Client. All decisions regarding the management of the Website shall be at the sole discretion of Wordsmiths and shall be designed to protect Wordsmiths’ rights and property.
By using the Website, Client agrees to be bound and abide by the Privacy Policy and the terms more particularly set forth therein and adopted and incorporated herein. The Website is hosted in the United States of America. Access of the Website from the EU, Asia or other region of the world may result in the applicability of laws, statutes or regulations differing from those of the United States which govern personal data collection, use or disclosure. Client’s continued use of the Website and transfer of data to the United States constitutes express consent of Client to the transfer and processing of data in the United States. Wordsmiths does not knowingly accept or solicit information from individuals under the age of 18. In accordance with the United States’ Children’s Online Privacy Protection Act, upon the receipt of actual knowledge that an individual under the age of 13 has provided personally identifiable information to Wordsmiths without parental consent, Wordsmiths shall delete that information as soon as reasonably practical.
Wordsmiths reserves the right to deny refunds based on its own self-discretion and without notice or liability to Client. Refund requests are assessed on a case-by-case basis. Should Client request a refund during the first month of use, all materials produced by Wordsmiths are ownership of the company and are prohibited from being used by the Client in any way.
If a refund is deemed to be appropriate, there will be a 25% fee assigned to the remaining billable period.
Wordsmiths reserves the right to take appropriate legal actions against Client for breach of this paragraph.
Wordsmiths reserves the right to change, alter, modify, amend or remove anything or any content on the Website for any reason at its sole discretion. Wordsmiths reserves the right to modify or discontinue all or part of the Website without notice and without liability to Client.
Wordsmiths does not guaranty or warrant the Website will be available and accessible at all times. Issues with hardware, software or other items may result in interruption delays or errors beyond Wordsmiths’ control. Client agrees that Wordsmiths shall not be liable to Client for any loss, damage or inconvenience caused by Client’s inability to access or use the Website during any interruption in the connection or service.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Maryland without regard to conflict of law principals.
Any legal action of whatever nature shall be brought in the state courts of Washington County, Maryland or in the United States District Court for the District of Maryland. The parties hereto consent to personal jurisdiction in said courts and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms of Use.
The Website is provided on an as-is, as-available basis. Client agrees that its use of the Website and Services are at Client’s sole risk. Wordsmiths disclaims all warranties, express or implied, in connection with the Website and Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Wordsmiths makes no warranties or representations about the accuracy or completeness of the Website or any content thereon or content of any websites linked to the Website and Wordsmiths assumes no liability for any errors, mistakes or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, any unauthorized access to or use of Wordsmiths’ secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Website by any third party and/or any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the Website. Wordsmiths does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party either through the Website, a hyperlinked website or any website or mobile application featured in any advertising.
Wordsmiths and its directors, employees, members, independent contractors or agents shall not be liable to Client or any third party for any direct, indirect, consequential, incidental, special or punitive damages, including lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures or other damages or losses arising from Client’s use of the Website. Client agrees to defend, indemnify and hold harmless, Wordsmiths and its subsidiaries, affiliates and all respective officers, members, agents, partners, employees and independent contractors from and against any loss, damage, liability, claim or demand including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Website; (2) breach of these Terms of Use; (3) any breach of Client’s representations and warranties set forth herein; (4) Client’s violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, Wordsmiths reserves the right, at Client’s expense, to assume control and defense of any matter for which Client shall be required to indemnify Wordsmiths hereunder. Client agrees to cooperate with the defense of such claims.
Client is solely responsible for all data transmitted to or that relates to any activity Client has undertaken using the Website. Wordsmiths shall have no liability to Client for any loss or corruption of any such data and Client hereby waives any right of action against Wordsmiths from any such loss or corruption.
Client hereby consents to receive electronic communications from Wordsmiths and Client agrees that all agreements, notices, disclosures and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing. Client hereby agrees to the use of electronic signatures, contracts, orders and other records, and to electronic delivery of notices, policies and records of transactions initiated or completed by Wordsmiths or through the Website. Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.
Wordsmiths reserves the right to share work on digital channels including social media, website, etc. unless otherwise agreed upon. The Client reserves the right to issue an NDA between themselves and Wordsmiths, which in turn would void the right of Wordsmiths to share or discuss Client’s work publicly.
Referral tracking and payouts are handled through our third-party partner, Rewardful.com.
These Terms of Use and any policies posted on the Website or regarding the Website constitute the entire agreement and understanding between the Client and Wordsmiths. Failure of Wordsmiths to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of these Terms of Use is determined to be unlawful, void or unenforceable, that provision shall be severed from these Terms of Use but shall not otherwise affect the validity or unenforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy or on the Website shall be construed to constitute the forming of a joint venture, partnership, employment or agency relationship between Client and Wordsmiths.
For any questions or complaints regarding the Website, please contact Wordsmiths at: [email protected]
At wordsmiths, accessible from wordsmiths.studio, one of our main priorities is the privacy of our visitors. This Privacy Policy document contains types of information that is collected and recorded by wordsmiths and how we use it.
If you have additional questions or require more information about our Privacy Policy, do not hesitate to contact us.
This Privacy Policy applies only to our online activities and is valid for visitors to our website with regards to the information that they shared and/or collect in wordsmiths. This policy is not applicable to any information collected offline or via channels other than this website.
By using our website, you hereby consent to our Privacy Policy and agree to its terms.
The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal information.
If you contact us directly, we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide.
When you register for an Account, we may ask for your contact information, including items such as name, company name, address, email address, and telephone number.
We use the information we collect in various ways, including to:
wordsmiths follows a standard procedure of using log files. These files log visitors when they visit websites. All hosting companies do this and a part of hosting services’ analytics. The information collected by log files include internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analyzing trends, administering the site, tracking users’ movement on the website, and gathering demographic information.
Like any other website, wordsmiths uses “cookies”. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.
You may consult this list to find the Privacy Policy for each of the advertising partners of wordsmiths.
Third-party ad servers or ad networks uses technologies like cookies, JavaScript, or Web Beacons that are used in their respective advertisements and links that appear on wordsmiths, which are sent directly to users’ browser. They automatically receive your IP address when this occurs. These technologies are used to measure the effectiveness of their advertising campaigns and/or to personalize the advertising content that you see on websites that you visit.
Note that wordsmiths has no access to or control over these cookies that are used by third-party advertisers.
wordsmiths’s Privacy Policy does not apply to other advertisers or websites. Thus, we are advising you to consult the respective Privacy Policies of these third-party ad servers for more detailed information. It may include their practices and instructions about how to opt-out of certain options.
You can choose to disable cookies through your individual browser options. To know more detailed information about cookie management with specific web browsers, it can be found at the browsers’ respective websites.
Under the CCPA, among other rights, California consumers have the right to:
Request that a business that collects a consumer’s personal data disclose the categories and specific pieces of personal data that a business has collected about consumers.
Request that a business delete any personal data about the consumer that a business has collected.
Request that a business that sells a consumer’s personal data, not sell the consumer’s personal data.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.
We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:
The right to access – You have the right to request copies of your personal data. We may charge you a small fee for this service.
The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete the information you believe is incomplete.
The right to erasure – You have the right to request that we erase your personal data, under certain conditions.
The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions.
The right to object to processing – You have the right to object to our processing of your personal data, under certain conditions.
The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.
Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity.
wordsmiths does not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.
We may update our Privacy Policy from time to time. Thus, we advise you to review this page periodically for any changes. We will notify you of any changes by posting the new Privacy Policy on this page. These changes are effective immediately, after they are posted on this page.
Our Privacy Policy was created with the help of the Privacy Policy Generator.
If you have any questions or suggestions about our Privacy Policy, do not hesitate to contact us.