Graphic Design Service Policy
1. IP ownership / use license
The material provided on this site is protected by law, including, but not limited to, United States copyright law. Shopial owns the copyright to all material provided on this Site. Except as expressly permitted by Shopial, none of the materials may be copied, reproduced, distributed, republished, downloaded, displayed, published or transmitted in any form or by any means without the prior written permission of Shopial or the copyright owner. .
Permission is granted to download and use the materials on this Site for personal, non-commercial use only, provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials.
You can not:
- - Modify or copy the materials
- - Use the materials for any commercial purpose, or for any public display (commercial or non-commercial)
- - Attempt to decompile or reverse engineer any software contained on the Shopial website
- - Remove any copyright or other proprietary annotations from the materials
- - Transfer the materials to someone else or "mirror" the materials to any other server.
This permission will automatically terminate if you violate any of these restrictions and can be terminated by Shopial at any time. Upon termination of your permission, you must destroy any downloaded materials in your possession, whether in electronic or printed form.
Shopial reserves the right to cancel your account at any time and for any reason.
The materials on this site are provided with "RESTRICTED RIGHTS". Use, duplication or disclosure by the Government is subject to restrictions as provided in applicable laws and regulations. The use of the Site by the Government constitutes recognition of the property rights of Shopial over them.
THE MATERIALS ON THE SHOPIAL WEBSITE ARE PROVIDED "AS IS." SHOPIAL MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS AND DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OF INTELLECTUAL OR BREACH OF PROPERTY. IN ADDITION, SHOPIAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS INTERNET WEBSITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITE ON THIS WEB SITE.
3. The limitations
IN NO EVENT SHALL THE PURCHASERS OR THEIR SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, DAMAGES FOR LOSS OF DATA OR PROFITS, OR DUE TO BUSINESS INTERRUPTION), ARISING FROM THE USE OR INABILITY TO USE THE MATERIALS ON THE SHOPIAL INTERNET, EVEN IF THE SHOPIAL REPRESENTATIVE OR A SHOPIAL HAS BEEN NOTIFIED ORDERLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS ON LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE STORE UNDER THIS AGREEMENT EXCEED FIFTY DOLLARS ($ 50), REGARDLESS OF CAUSE OF ACTION, TO TORT, CONTRACT, OR OTHERWISE.
4. Data revisions and errors
The materials appearing on Shopial's website could include technical, typographical, or photographic errors. Shopial does not warrant that any of the materials on its website are accurate, complete, or current. Shopial may make changes to the materials contained on its website at any time without prior notice. However, Shopial makes no commitment to update the materials.
Shopial has not reviewed all of the sites linked to its Internet website and is not responsible for the content of such linked sites. The inclusion of any link does not imply endorsement by Shopial of the site. Use of any linked website is at the user's own risk.
6. Modifications of the
7. Applicable law
Any claim relating to the Shopial website will be governed by the laws of the State of Arizona without regard to its conflict of laws provisions.
9. Fees, refunds and risk-free guarantee
You agree to pay the fees, in the amount and at the billing frequency specified during registration, in full prior to any obligation by Shopial to comply with this Agreement. In addition, you agree that, by registering for services through the Site, you authorize Shopial to charge your payment method (for example, credit card) for the fee on each anniversary of your registration date, based on your frequency of billing (for example, monthly, quarterly, annually). The payment of the fees will be made in the amounts and at the times established by Shopial through the information provided and as authorized through the registration and registration process. Your account and access to the services provided through the Site may be suspended in the event of non-payment of the applicable fees. You represent and warrant to Shopial that such payment information is accurate and that you are authorized to use the payment instrument. It will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.
You can cancel your subscription with Shopial at any time. Upon cancellation, you will continue to have access to Shopial's services and its design files until the end of your paid billing term. Access to your account design files requires an active subscription. Canceled accounts will not have access to your files after the billing period ends.
Shopial may change its rates from time to time by posting the changes on the Site with 5 days notice, but without notice required for temporary promotions or rate reductions.
You can request a refund within the first 14 days of purchasing any new standard subscription plan.
You can request a refund within the first 21 days of purchasing any new Pro subscription plan.
Fees and refunds depend on the exchange rate between the US dollar and your currency of the day. Beyond the 14-day and 21-day windows for Standard and Pro, respectively, there are no refunds for partial subscription plans under any circumstances, including unused time on a plan.
Promotions, upgrades, and adjustments to existing plans are non-refundable.
You, the customer, are responsible for using Shopial after payment.
10. Property, trademarks and assets provided
You own all graphics and files we create during any month paid in full. You will provide all content / copy to use in our designs. You agree that all materials provided are tested and approved for use in your designs and are not owned or registered by a different entity. You are responsible that any materials provided can be legally used in our designs. We are not responsible for the materials you provide in regards to licensing or trademark issues and you declare to Shopial that all materials provided do not infringe the intellectual property rights of third parties.
Stock media or photo subscriptions are under a specific use license. Photographs or assets managed (provided by Getty Images or other services) are licensed to be used in specific graphic files created by Shopial from a customer request. Photos or individual assets will not be provided.
You agree to indemnify, defend and hold Shopial and its affiliates, officers, members, managers, agents, successors, and assignees harmless (the "Indemnified Parties") from and against all claims, demands, liabilities, damages and costs, including, without limitation, your reasonable attorneys' fees, arising out of or related to (i) your breach of any of the terms of this Agreement, (ii) your use of the services provided in accordance with the Site, and (iii) infringement of third party intellectual property rights or other proprietary rights.
11. Do not abuse the Service
Shopial is designed for the reasonable use of a single individual from a non-creative small business. We are not meant to replace a full time graphic designer, so use your common sense!!
If we discover that you are not aligned with our model, share accounts / logins, violate our core values, or are abusing our services or equipment in any way, including using our services for illegal or adult / pornographic, we reserve the right to cancel your account.
Your right to use Shopial services will terminate in the event of a breach of any term of this Agreement.
12. Output files
While we do our best to minimize errors, due to the nature of creative design, we cannot guarantee that all submitted files will be 100% error free. Upon delivery of the file, you agree to review and check all files for any errors or omissions and to notify our team if changes / corrections are needed. We will do our best to expedite any edits to correct any errors. Shopial is not responsible for losses or expenses caused by errors or omissions.
13. Sample work
By default, you agree to provide Shopial with a non-exclusive right and license to publish your work on our portfolio, social media, or other communication efforts. We will do our best to request written permission before posting anything publicly. If you wish to revoke this right, please notify our team in writing at firstname.lastname@example.org.
15. Work output and delivery
While we can accept unlimited requests and reviews, our output volume is dependent on many factors, namely depending on the total request volume and complexity. We will do our best to work with you to accommodate priority items and your deadlines, but our suggestion is not to use our service for rush requests.
16. Defined DPU
A DPU is a measure of creative output and what we can accomplish with your designer, our software, and the Graphic Design Cloud in one business day. The amount that can be created with a DPU depends on many factors, including but not limited to the type of plan (Standard or Pro), the volume of requests, and the complexity of the requests. There is no guarantee on the amount of work that can be created in one business day, with a single DPU. To increase the volume of work created within one business day, it is suggested to add DPU to your account.
17. Digital Millenium Copyright Act (DMCA)
In the event that third parties make materials on this Site available that are not under our control, we are under no obligation to scan such content for the inclusion of illegal or unacceptable content. However, we respect the copyright interests of others. It is our policy not to allow materials known to us to infringe the copyrights of third parties to remain on the Site. If you believe that any material on the Site infringes a copyright, you must provide us with a written notice that, at a minimum, contains:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work that is allegedly infringed or, if multiple copyrighted works on a single online site are covered by a single notification, a representative list of such works on that site;
- Identification of the material that is alleged to be infringing or is the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to allow us to locate the material;
- Information reasonably sufficient to allow us to contact the complaining party, such as an address, telephone number and, if available, an email address at which the complaining party can 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; Y
- 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.
All DMCA notices should be sent to our designated agent as follows:
6910 NW 46th St
Miami, FL, 33166
It is our policy to terminate content relationships with third parties who repeatedly infringe the copyrights of others.
18. Review the knowledge base
Finally, you agree that you have reviewed and understand the content within our knowledge base that describes details about how our tool works and its scope of service.