TERMS & SERVICES

Last Updated: 04/27/2023

In using this website signaturemuse.shop / outofreach.shop (“Site” or “Website”), You are deemed to have read and agreed to the following terms and conditions (“Terms and Conditions”):

The following terminology applies to these Terms and Conditions (“Terms”), Privacy Policy and any disclaimer notice and any or all Agreements: “Customer”, “User”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “the Company”, “Ourselves”, “We” and “Us”, refers to Our Company, Signature Muse Design Inc. “Party”, or “Parties” refers to both the Customer and ourselves, or either the Customer or ourselves. “Product” refers to a unique product provided by our Company as a result of Our commitment and services (“Services”). All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of Our assistance to the Customer in the most appropriate manner, for the expressed purpose of meeting the Customer’s needs in respect of the provision of the Company’s stated services, in accordance with and subject to, prevailing New York State Law. Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they, are taken as interchangeable and therefore as referring to same. 

All rights not expressly granted to You under these terms are reserved to the Company.

You agree that by accessing the Site, You have read, understood, and agreed to be bound by all of these Terms of Service. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE WEBSITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

1. Services

1.1 The Website allows You to order a digital or print (pre-made or custom-made) template(s) for a fee and We reserve the right to sell other related services such as but not limited to standard pre-made or customized templates, or enhancements (collectively “Services”) to Your order, as may be described on the Website. We may add, remove or modify Services from time to time. We may engage third-party service providers (“Service Providers”) from time to time to provide certain Services.

1.2. The Website is meant for those at least fourteen (14) years of age. Use of the Website by anyone under the age of fourteen (14) is a violation of these Terms. You may not use the Website if you are Our competitor (if you provide the services similar to Ours to others), or if we have previously restricted your use of this Website.

1. Privacy Policy and Statement

2.1 We are committed to protecting Your privacy. We will only use information collected from individual Customers particularly first and last names, email addresses to facilitate and deliver orders as part of Our commitment to providing the services Our Customers have paid for. Moreover, as We endeavor to provide You better Products/Services We will also be using Your emails to promote Our other products/services. You can opt-out anytime by pressing the unsubscribe button that can be found in every email We send. We will constantly review Our systems and data to ensure the best possible Service to Our Customers. 

3. Confidentiality Policy

3.1. During the course of Our relationship, You may disclose to Us your Confidential Information. 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 who are involved in providing Services to You. For purposes of this Agreement, the term “Confidential Information” means non-public or proprietary information, including, without limitation, information relating to current or future business, products and services, strategies, images, development, design and design details, marketing plans, etc.

3.2. 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 Agreement.

4. Disclaimers

4.1 The information on this Website is provided on an “AS IS” basis. To the fullest extent permitted by law, the Company:

4.1.1 excludes all representations and warranties relating to this Website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and

4.1.2 excludes all liability for damages arising out of or in connection with Your use of this Website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or You have advised this Company of the possibility of such potential loss), damage caused to Your computer, computer software, systems, and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

4.1.3 excludes any and all liability for unauthorized use, misplacement, infringement, and any other unlawful act conducted by a third party associated with Your Product created within Your order.

4.2. OUR COMPANY SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, IN CONNECTION WITH OR RELATING TO THE USE OF OR INABILITY TO USE OUR WEBSITE, INCLUDING ANY LIABILITY: (I) AS A PUBLISHER OF INFORMATION; (II) FOR ANY INCORRECT OR INACCURATE INFORMATION OR ANY ‘BUG’ OF THE SERVICE; (III) FOR ANY UNAUTHORIZED ACCESS TO OR DISCLOSURE OF YOUR TRANSMISSIONS OR DATA; (IV) FOR STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR VIA THE WEBSITE; (V) FOR ANY DISPUTES BETWEEN A USER OF THE WEBSITE AND A THIRD PARTY; OR (VI) FOR ANY OTHER MATTER RELATING TO THE WEBSITE OR ANY THIRD PARTY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF AN INDIVIDUAL ADVISES THE COMPANY PARTIES OF THE POSSIBILITY OF SUCH DAMAGES. THE PRODUCTS, INFORMATION, AND SERVICES OFFERED ON AND THROUGH THE WEBSITE WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.

NOTWITHSTANDING THE FOREGOING, THE SOLE AND ENTIRE MAXIMUM LIABILITY OF THE COMPANY PARTIES FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE OR CLAIM, SHALL BE LIMITED TO THE AMOUNTS PAID BY YOU DIRECTLY TO THE COMPANY VIA THE WEBSiTE FOR SERVICES/PRODUCTS PROVIDED SOLELY AND DIRECTLY BY US TO YOU IN THE SIX MONTHS PRIOR TO SUCH CAUSE OR CLAIM.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM MUST BE FILED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR IT WILL BE PERMANENTLY BARRED.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.

5. Owner of the Product

5.1 You understand and agree that You shall be the sole owner of the Product created by Us only at the time such Product(s) is/are final and does not assume any further revisions/changes/substitutes and all the fees associated with Our Services to make such Product(s) were properly paid by You or on Your behalf. 

5.2 Sole ownership shall pertain only to the final product which includes all, PSD, IN, Canva, IL, PDF, JPG, PNG, GIF  files issued to Your order and approved by You. In case You want to make further changes, which are already beyond the scope of Our free revision policy (see provisions 6.2 and  6.3), You shall separately pay for such extra charges on requested changes solicited via Customer Support or any other communication channel with Us. In such case, You agree that You allow Us to create a derivative work based on Your intellectual property and such derivative work Intellectual property rights will be expressly assigned to You upon final approval of all changes and full payment provided for such Services.

5.3 However, We reserve the right to use Your Product appearance to market Our services and therefore You agree to provide Us with a non-exclusive, royalty-free, indefinite license to market and promote Our Services using Your Product in whole or in part through any and all forms of media and internet media. 

5.4 We will exert all Our efforts to provide a unique Product for You, however, similarities with other customers’ products may still occur due to some design or format considerations or similar customer preferences. In case of similarities and without the knowledge that You have filed or acquired for the trademark/trade-dress/copyright of Your Product, We will assume NO responsibility and/or liability as to the usage of other customers of the Products created for them which bear similarity or resemblance to Your Product. Premises considered; We shall not be then held liable for violating Your trademark in any manner whatsoever. We are not to be held liable if Your Product(s) provided by Us intentionally or unintentionally, resemble the Product(s) in whole or in part from another company, product, or person which may result or be deemed copyright and/or trademark infringement.

5.5 The foregoing provisions and all other provisions pertaining to Your Product shall also apply to any and all services provided by Us currently or in the future and it shall also apply when You opt to have Your Product be designed by Our lead designer for an extra cost.

6. Revisions/Changes to Your Product

6.1 When You receive Your Product(s) and You desire to make changes You may reach out to Us via Our Contact Center. We will provide You with Our quote for such additional work and You can pay it using PayPal. Any revisions in the purchased Products shall be paid in accordance with Our quote and terms provided to You in response to Your request.

7. User Restrictions

7.1 In using the Website, Products, and Services, You agree that You will not:

7.1.1 violate any applicable laws, regulations, rules, ordinances, statutes, requirements, codes, or orders of any governmental or judicial authorities or any third party terms and conditions applicable to any Services that You use;

7.1.2 order any Service or otherwise use any Services in a manner that is: unlawful (or promotes unlawful activities); harmful; threatening; fraudulent, deceptive or misleading; harassing; discriminatory; libelous; defamatory; vulgar; pornographic; obscene; in violation of another’s right of privacy, publicity or other rights; in violation of any contractual or fiduciary obligations; or infringing on any copyrights, trademarks, service marks, trade secrets, patents or other intellectual property rights (collectively, “Intellectual Property Rights”) of any third party; or otherwise objectionable;

7.1.3 violate or attempt to violate the security of the Website or Services;

7.1.4 reverse engineer, decompile or disassemble any portion of the Website or Services;

7.1.5 “scrape” information from the Website or Services by automated means.

8. Testimony on Social Media

8.1. We reserve Our right to use any publicly available testimony under Your Product display post in all and any social media account for the purpose of Services promoting, marketing and advertisement. In such case, We typically submit additional permission but in case such permission has been granted You agree that any further withdrawal of such permission shall be void.

9. Payments & Refunds Policy.

9.1. Payment Processing Methods. The company may make available to You various payment processing methods to facilitate the purchase of Services. You must abide by any relevant terms and conditions or other legal agreement with third-party payment processors (particularly, PayPal), that governs your use of a given payment processing method. The company may add or remove payment processing methods at its sole discretion and without notice to You. Once Your purchase is complete, Company or the payment processor may charge your credit card or other forms of payment that you indicate for any Services/Products purchased, along with any additional applicable amounts (including any applicable taxes). You are solely responsible for all amounts payable associated with purchases you make via Our Website.

9.2 By using Our Services You agree that the Product that We develop for You is a customized artistic Product, and as such a refund or replacement will not be provided in the event that You merely do not like the product. Although we are committed to providing You with a Product that You love, we cannot guarantee 100% satisfaction. This is particularly so given the fact You are entitled to the revisions stated on provision 6 of these Terms and Conditions. Please note that Our fees and quotes are subject to change without notice.

9.3 In the event that You or another person on Your behalf opens/commences any PayPal dispute, credit card processor dispute, or other similar financial dispute in relation to the payment of the fee You paid to Us, You agree to close or withdraw such dispute within 24 hours of Us, PayPal or any other relevant provider (“Payment Provider”) providing You with evidence that We have sent You the Product. In the event You do not close or withdraw such dispute, You hereby authorize and direct the Payment Provider to close/withdraw the dispute on the provision of these terms and conditions by Us to the Payment Provider along with a copy of the delivery of the Product by Us to You. Unless 

9.4 Please note, that Your order has been paid in full you do not own any intellectual property rights to a Product provided by Us. If such payment is withdrawn any and all intellectual property rights shall be transferred back to the Company. You hereby indemnify Us for any loss or damage suffered by Us as a result of Your failure to comply with Your obligations under this clause. You are entitled to the number of revisions as stated on the Website in respect of the Product purchased by you.

10. Indemnity

10.1 You agree to indemnify, defend and hold harmless Company and its affiliates, and their respective licensors and Service Providers, and all officers, directors, owners, agents, or licensors of any of the foregoing (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities, and costs, including reasonable Solicitors’ fees, sustained by any of the Indemnified Parties in connection with any claim arising out of Your use of Our Services/Products, or any breach by You of these Terms and Conditions. Under no circumstances shall We be liable for any amount exceeding the fee paid for the Services/Products ordered/purchased.

11. Changes to Terms

11.1 We may modify these Terms at any time by posting changes on the Website; however, (i) these changes will only become effective and binding with respect to You after Company provides notice on the Website that these Terms have changed and You first use any of the Website following the date of such posting, (ii) the changes will only apply with respect to Your use of the Website after such changes become effective, and (iii) any change in payment obligations will only apply to Your subsequent purchases on, or usage of, the Website or Services. If at any time You find these Terms unacceptable and do not agree with them, You thereafter will have no right to use or access the Website.

12. Law and Jurisdiction

12.1 These Terms and Conditions are governed by the laws of New York the parties submit to the jurisdiction of the Court of New York regardless of conflicts of law rules, and New York Courts competent to hear appeals from them.

For questions or clarifications regarding Our terms and conditions or to request data deletion, please use Our contact page.

13. Contacting US

For questions or clarifications regarding Our Terms and Conditions or to request data deletion, please use Our Contact Page or use the following email address: info@signaturemuse.nyc