Terms of Service
Fees:
All fees agreed upon by price quotation are due in full before any service will be rendered, with the exception of amounts larger than $500 U.S. Dollars; in which case 50% (fifty percent) of total price will be due. The remainder of the fee will then be do upon completion of service. Brainwracked Custom Designs retains to the right to increase prices at any time depending on unforeseeable circumstances; in which case a new price quotation will be drawn with customer approval.
Privacy:
Our Privacy Policy states in full our policy regarding customer privacy, please refer to that document for more details.
Refunds:
Our Refund Policy states in full our policies on refunds, please refer to that document for more details.
Ownership of Materials:
The contents of this site, including all graphics, text, photos, software and all other audio/visual material are copyright Brainwracked Custom Designs as a collective work under United States copyright laws. Brainwracked Custom Designs and their clients retain the copyrights to all content appearing on this site. The reproduction, altering, retransmission, modification, public display, public performance and distribution of said material is prohibited without express written consent from Brainwracked Custom Designs and/or its clients.
To obtain such consent please contact Brainwracked Custom Designs directly.
All content on client sites was/will be submitted by said client, and claimed as copyrighted material. Brainwracked Custom Designs claims no credit for client submitted material, and therefore will claim no responsibility of copyright infringement. All client sites are copyright said client, with the exception of graphics, text, photos, software and all other audio/visual materials created, designed, collaborated on and/or implemented by Brainwracked Custom Designs employees; in which Brainwracked Custom Designs retains the copyright, until monetary compensation is delivered; then said client retains any/and all copyrights for materials.
Removal of Material in which Copyright Infringement is Claimed:
Brainwracked Custom Designs respects the intellectual property rights of others. Pursuant to Title 17 U.S.C.512, as amended by Title II of the Digital Millennium Copyright Act ("the Act") Brainwracked Custom Designs has implemented procedures for receiving written notification of claimed copyright infringements and for processing such claims in accordance with the Act. If you believe your copyrights are being infringed by one of our clients, please contact us. The information requested by Notice of Infringement Form substantively comply with 17 U.S.C. 512(a)(3)(A), which provides...
... To be effective under the subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed.
...Identification of copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
... Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
... Information reasonably sufficient to to permit the service provider to contact the complaining party such as an address, telephone number, and if available, electronic e-mail address at which the complaining party may be contacted.
... A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
... A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
... A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
... Notification from a copyright owner or from a person authorized to act on behalf of the copyright owner that fails to comply substantially with the provisions above shall not be considered as providing actual knowledge or an awareness of facts or circumstances from which infringing activity is apparent.
Please provide a Notice of Infringement Form information each time you wish to report alleged acts of infringement. Also, please note that Brainwracked Custom Designs will terminate in appropriate circumstances the account of any Client who repeatedly posts infringing material on their Site.
Indemnification:
You agree to hold harmless Brainwracked Custom Designs and its Information Providers and any other person or entity involved in creating or distributing this Site, as well as each of their respective affiliates and their respective directors, officers, employees and agents, from and against any and all claims, liabilities, damages, losses, costs, fees (including reasonable attorneys' fees) and expenses that such parties may incur as a result of or arising out of your (or, in the case of clients, anyone using your account's) use of, or conduct with respect to, the Site.
Modification of Agreement:
You agree that Brainwracked Custom Designs may change the terms and conditions of this Agreement, unilaterally, and at any time, by conspicuously posting notice of such change on the Site for a period of five (5) consecutive days. Continued use of the Site after such notice will constitute your acknowledgment and acceptance of the revised terms and condition.
General:
This Agreement contains the complete and final statement of the understanding between you and Brainwracked Custom Designs with respect to, and supercedes any and all prior or contemporaneous negotiations, agreements or communications, whether written or oral, between you and Brainwracked Custom Designs concerning, the subject matter of this Agreement.
If any provision of this Agreement is rendered by a court or governmental agency of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality or unenforceability shall not affect the remainder of this Agreement, which shall remain in full force and effect and be enforced in accordance with its remaining terms.
The waiver by Brainwracked Custom Designs of a breach or default of any of the provisions of this Agreement by you shall not be construed as a waiver of any succeeding breach of the same or other provisions; nor shall any delay or omission on the part of Brainwracked Custom Designs to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default by you.
You agree that, regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are solely used for convenience and have no legal or contractual significance.
All provisions of this Agreement that, by their nature, survive termination of this Agreement will survive termination including without limitation, the Site Rules, Public Areas, Links, Disclaimer of Warranties, Limitations on Liability, Allocation of Risk, Ownership of Materials, Indemnification, Choice of Law/Jurisdiction and Venue and General sections of this Agreement.
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