SWAG DESIGN FACTORY WEBSITE
Unless otherwise specified and/or credited all images, artwork, text and graphics, of this site, are the copyright of Swag Design factory All rights reserved. All other images are the copyright and/or trademark of the respective owners.
The information presented on the SWAG DESIGN FACTORY web site is copyrighted to SWAG DESIGN FACTORY. This copyright does not supersede any copyrights that may exist in the logos, artwork and designs presented. These works are copyright and/or trademarked by the respective owners.
Designs, original art and clip art presented by SWAG DESIGN FACTORY are for the use of the authorized client. All art, images, designs, and material are copyright of SWAG DESIGN FACTORY and may not be resold, added to clip art collections or any other unauthorized form of distribution or reproduction without the express written permission of SWAG DESIGN FACTORY and the images contained within.
Visitors are permitted, and encouraged to link to this site. You are welcome to link to any page or section of the SWAG DESIGN FACTORY web site.
YOUR CONSENT TO THIS AGREEMENT
Swag Design Factory reserves the right to amend these terms at any time. Should it happen that a client’s own terms and conditions conflict with any of the same set out on this page, this document shall be considered to be the authoritative one, unless a separate contract has been signed by the client and by an authorized agent of Swag Design Factory.
COPYRIGHTS / TRADEMARKS
The Client unconditionally guarantees that any element of text or graphics furnished to Swag Design Factory for inclusion in the design do not infringe on any copyright or trademarks that have been already established by another company or organization. The Client will hold harmless and protect Swag Design Factory from any claim or suit arising from the use of such as furnished by the client.
Swag Design Factory makes every effort to produce original artwork. If however, we create artwork for you which accidentally infringes on any existing trademarked artwork, Swag Design Factory holds no liability and is limited only to a refund of the paid amount. Swag Design Factory will do no research checking on the legal availability of the name we are creating designs for. It is the Client’s responsibility to ensure that the name of their product, company or service is not already in use, and it is the Client’s sole responsibility to secure a service mark or trademark to protect the rights to any name or image.
Swag Design Factory and it’s employees will not be held responsible for any legal action that may result from improper due diligence on the availability of a company name or image.
Canadian Copyright laws permit ownership of final product and design to belong to the designer, Swag Design Factory unless otherwise agreed upon. The client is restricted from editing designs completed by Swag Design Factory and use of the design and file is limited to that originally intended. The exception being FINAL logo design. Concepts are also the ownership of Swag Design Factory regardless of design type.
Until the contract is paid in full, all materials remain property of Swag Design Factory. Swag Design Factory loves to show off our work and share what we have learned with other people, so we also reserve the right to display and link to your completed project as part of our portfolio and to write about the project on web sites, in magazine articles and in books about web design contests etc.
All concepts furnished to the client are for client review and comment purposes only. Swag Design Factory retains exclusive copyright and ownership of all design and draft materials.
DRAFT CONCEPT POLICIES AND COPYRIGHT
All draft concepts previewed by the client are for client review and comment purposes only. Swag Design Factory reserves the right to utilize and/or reproduce any image, logo or illustration created by Swag Design Factory in advertising, electronic or traditional reproduction, with the addition of any copyright and/or trademark notice that may be requested by the owner of the work. The client is granted unlimited royalty-free use of the image upon full payment of all fees. Swag design Factory retains the rights to concepts, comprehensives and all artwork involved in the design process prior to the final artwork, and is granted the right to use these logos in promotional and advertising and marketing materials.
REVISIONS AND AUTHOR ALTERATIONS
Revisions may be discussed verbally, however no work will be done until the Client submits their revisions in writing, by email. The Client understands that revision work, along with requests for project additions or author alterations, will incur the same hourly billable as noted in the project quotation. Revision work is not done free of charge unless otherwise arranged, in writing or in the package agreed to in advance. If a base package is agreed upon, however the revisions and requests exceed this package parameters, the next Client will be notified in advance.
The quotation assumes a reasonable average number of revisions per design item as outlined in the design package, but on very rare occasion a project arises in which the Client requests an unusually large number of drafts or revisions. Any and all revisions will still incur the hourly rate as noted on the project quotation, and the Client confirms that any revisions or additions they request will incur this cost.