Welcome to the BrandmyBackground.com Website (the "Website"). The Website is owned and operated by Textmatics LLC, Inc. ("Textmatics LLC," "we" or "us"). By using the Website, you acknowledge that you have read, understand and agree to comply with and be bound by the following Terms of Use. Please review the following terms carefully. If you do not agree to these terms, please do not use the Website.
We reserve the right, in our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without notice. Your continued use of the Website after any such changes constitutes your acceptance of the new Terms of Use. It is your responsibility to regularly check the Website to determine if the Terms of Use have changed, as indicated by the "Date Last Revised" line at the bottom of this page.
- Textmatics LLC and the Customer hereby agree to the following terms and conditions with respect to the provisions by BrandmyBackground.com to the Customer of services which are identified and/or described in the service agreement attached to these terms and conditions. The Customer will be provided with the Service according to the Packages chosen by the Customer as detailed on the Textmatics LLC website. Customer’s Designs will be created through a Design process of a Design Questionnaire-Mockup-Feedback-Revision Stage-Feedback-Revision Stage, ultimately resulting in a final Design conforming to Customer’s Requirements and Feedbacks.
- Design Questionnaire and Creative Designs. The Customer is solely responsible for filling out the Design Questionnaire form provided upon receipt of payment and submitting the responses through the Brandmybackground.com website. Textmatics LLC is under no obligation to review a Design Questionnaire for further Feedbacks for any purpose, including accuracy, completeness of information, quality or clarity. Textmatics LLC may decide, in its sole discretion, to deny a Design Questionnarie or Feedback.
- When Textmatics LLC provides a set of Designs to the Customer, the Customer shall review and respond.If the Customer fails to promptly inform Textmatics LLC that the provided Designs are not reasonably responsive to the provided Feedback, the Customer will be deemed to have accepted the Designs. If the Customer notifies Textmatics LLC that the Customers considers a Design as not reasonably responsive to the Feedback, the Customer shall provide information regarding amendments or modification to be made to the initial Designs. After providing his feedback, the Customer will be provided a subsequent Response that conforms with the additional criteria requested by the Customer.
- Revision stages. Revisions generally consist of 2-4 additional compositions that incorporate changes requested by the Customer in the Revision Brief. The purpose of the revision process is to create Responses that move forward in a specific direction as determined by the Customer. The Client may request significant changes in the 1st and 2nd revision, and the Responses might be quite different in nature from the original version chosen. By the 3rd revision request, Customer’s requests shall be modifications of the then current version only. The purpose of each revision stage is to create designs that move forward in a specific direction from a single design composition as chosen by the Customer. Revision requests that depart from the current composition will be honored and completed in the same timely manner, however; Textmatics LLC reserves the right to charge a reasonable amount for each such Revision. No revision work, which requires payment, will be started without authorization from the Customer.
1. Privacy Policy
Our Privacy Policy, as effective from time to time, is a part of these Terms of Use. You may access our Privacy Policy by clicking here.
2. The Website’s Content
The contents of the Website, including, without limitation, all text, graphics, images, logos, icons, interfaces, source codes and software (collectively, the "Content") are proprietary materials owned by Textmatics LLC or third party content providers. The exclusive ownership and rights of Textmatics LLC and any such third party content providers in and to the Content are protected by copyright, trademark, and other law. The compilation (meaning the collection, arrangement and assembly) of the Content on the Website is the exclusive property of Textmatics LLC as protected by copyright law. The reproduction, distribution, use or publication by you of any of the Content is strictly prohibited, except as specifically provided herein. Unauthorized use of the Content, in whole or in part, may violate copyright, trademark, or other laws. By using the Website, you agree not to decompile, disassemble or otherwise reverse engineer the Website or any Content contained therein. You do not acquire ownership rights to any of the Content. The posting by Textmatics LLC of Content on the Website does not constitute a waiver of any right in such Content.
3. Limited Right to Use
The viewing, printing or downloading of any of the Content grants you only a limited, nonexclusive license solely for your own personal, non-commercial use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or any other use. No part of any of the Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal, non-commercial use.
4. Intellectual Property
We respect the intellectual property rights of others and ask that you do the same. We prohibit users from uploading or otherwise transmitting on the Website any materials that violate another party’s intellectual property rights. When we receive notice of an alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act.
5. Editing, Deleting and Modification
We reserve the right in our sole discretion to edit, delete or modify any of the Content without prior notice.
6. Use of Information
We reserve the right, and you hereby authorize us, to use and assign all information regarding your use of the Website and all information provided by you in any manner consistent with our Privacy Policy.
7. Customer orders
- Payment: The Customer ordering for any of the available services must pay for the Service in advance, by any of the payment methods provided by Textmatics LLC. The Customers will be charged for the Package(s) selected. Textmatics LLC will email the Customer a receipt for the transactions in which the Customer is involved and provide the Customer with all the information necessary to start the design process.
- Refunds: There are no refunds for completed designs. However, in the event, for whatever reason, BrandmyBackground is unable to complete a design, a refund will be issued. Client may request a refund by completing the Refund Request form which will be provided to the Customer upon request. Upon timely receipt of the completed form, Textmatics LLC will refund the total payment made by the Customer. Acceptance of such refund shall constitute the Customer’s sole and exclusive remedy with respect to such Basic concepts. Should the Customer receive such refund, Customer acknowledges that it will have no right (express or implied) to use any Basic concept or other work product, content, or media, nor any ownership interest in or to the same.
- If you have already confirmed or approved the acceptance of a design, we cannot provide a refund. Your approval represents an acceptance of the final project and serves as an implicit statement of satisfaction.
- If you have failed to communicate with us for more than sixty days, any refunds will be at the discretion of Textmatics LLC management.
- If the company for whom the design was performed should close, change its name, or undergo other alterations rendering a design ill fitting, we cannot issue a refund.
- If you purchased a "Special Offer" that does not constitute one of our standard packages as advertised.
- Once you have taken final delivery.
The refund policy will not take effect:
8. Project duration
The Customer agrees to provide timely responses to Textmatics LLC after receiving status notifications from Textmatics LLC. The Customer shall have 10 days to respond to each set of designs sent to the Customer for review. If after 10 days the Customer has failed to respond, Textmatics LLC will assume the Project complete and the Project shall be deemed to be complete. At such time, Textmatics LLC shall will have no further obligation to the Customer, and the Customer shall pay Textmatics LLC all fees and expenses associated with work performed by Textmatics LLC. In rare cases, if the customer feels that it may take him more than 10 days to respond then he is requested to inform Textmatics LLC accordingly, so that Textmatics LLC keeps the project in active state.
9. No Endorsement
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Textmatics LLC.
10. Disclaimers
Textmatics LLC DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY PRODUCT OR SERVICE. THE WEBSITE AND THE CONTENT ARE PROVIDED "AS-IS" AND Textmatics LLC DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Textmatics LLC DOES NOT REPRESENT OR WARRANT THAT ANY CONTENT OR OTHER MATERIALS ON THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, THAT YOUR USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT ANY CONTENT OR OTHER MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. YOU FURTHER AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY BREACH OF YOUR OBLIGATIONS UNDER THESE TERMS OF USE AND FOR ANY LOSS OR DAMAGE (INCLUDING ANY LOSS OR DAMAGE WHICH Textmatics LLC MAY SUFFER) THAT MAY RESULT FROM ANY SUCH BREACH.
11. Limitation on Liability
IN NO EVENT WILL Textmatics LLC OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT IS NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS, EVEN IF Textmatics LLC IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Miscellaneous
By using the Website, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Textmatics LLC. If any provision of these Terms of Use is held invalid, unlawful, void, or for any reason unenforceable, the remainder of these Terms of Use shall continue in full force and effect. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. To the extent that anything in or associated with the Website is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.