Terms & Conditions


Welcome to Layerdraft! Thanks for thinking of us for your next project.


Accepting the Layerdraft Terms & Conditions

By accessing this web site, you are agreeing to be bound by these Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

Layerdraft may make modifications, deletions and/or additions to this Agreement at any time. Changes will be effective: (i) thirty (30) days after Layerdraft provides notice of the Changes, whether such notice is provided through the Site user interface, is sent to the email address associated with your account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first.

Website Use License

Permission is granted to temporarily download one copy of the materials (information or software) on Layerdraft's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may 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 Layerdraft's web site; remove any copyright or other proprietary notations from the materials; transfer the materials to another person or "mirror" the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Layerdraft at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Disclaimer

The materials on Layerdraft's web site are provided "as is". Layerdraft makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Layerdraft does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall Layerdraft or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Layerdraft's Internet site, even if Layerdraft or a Layerdraft authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Revisions and Errata

The materials appearing on Layerdraft's web site could include technical, typographical, or photographic errors. Layerdraft does not warrant that any of the materials on its web site are accurate, complete, or current. Layerdraft may make changes to the materials contained on its web site at any time without notice. Layerdraft does not, however, make any commitment to update the materials.

Links

Layerdraft has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Layerdraft of the site. Use of any such linked web site is at the user's own risk.

Payment

Layerdraft uses a third-party payment processor to link credit card accounts to the Layerdraft Platform. The processing of payments or credits, as applicable, in connection with your use of the Layerdraft Platform will be subject to the terms, conditions and privacy policies of the Payment Processor and your credit card issuer in addition to this Agreement. Layerdraft is not responsible for any errors by the Payment Processor.

Customer hereby authorizes Layerdraft (and its Payment Processor) to run credit card authorizations on all credit cards provided by the Customer and to charge the Customer's credit card (or any other form of payment authorized by Layerdraft or mutually agreed to between the Customer and Layerdraft).

Refunds

Refunds will be paid to Customer using the same payment methods Customer used to remit the Customer Payment to Layerdraft or via any other method specified by Layerdraft from time to time.

You may request a refund within the first 30 days of a purchase of any design/development package plan under the following conditions:

  1. did not use the service;
  2. attempt at least 2 unique requests that are within our scope of work;
  3. the sold design is defective;
  4. the order placed (or request made) by customer is found to be fraudulent;
  5. customer placed a duplicate order (or request) in error;

Beyond the 30 day window there are no refunds for any design/development packages under any circumstance.

In the case a project is refunded, all project materials and rights belong to Layerdraft. Customer cannot use or distribute materials that have been refunded.

Ownership, Trademarks & Provided Assets

You own all graphics and files Layerdraft creates. You will provide all content/copy to be used in our designs. You agree that any materials provided to are proofed and approved to be used in your designs and are not owned or trademarked by a different entity. You are responsible that any materials provided can be legally used in our designs. We are not liable for the materials you provide as it pertains to license or trademark issues.

Expectations

When submitting any content to or otherwise using Layerdraft, you agree not to post or transmit to or from Layerdraft:

  1. any unlawful, hateful, racially or ethnically offensive, threatening, libellous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law;
  2. any material or content that infringes, misappropriates or violates any third party rights, including but not limited to copyright, trademark, patent right or other proprietary right of any third party;
  3. any falsehoods or misrepresentations that could damage us, our users or any third party;
  4. any private information concerning another person, without their permission;
  5. anything which impersonates another person or represents yourself as affiliated with us, our staff or other industry professionals;
  6. anything which solicits a user’s password or other account information;
  7. anything which harvests user names, addresses, or email addresses for any purpose; and
  8. any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems.

Output Files

While we do our best to minimize any mistakes, due to the nature of creative design we can not guarantee all files delivered will be 100% error free. Upon file delivery you agree to review and proof all files for any errors or omissions and notify our team if any changes/corrections are needed. We will do our best to rush any edits to correct the mistakes. Layerdraft is not be responsible or liable for any losses or expenses incurred from errors or omissions.

Confidentiality

We uphold confidentiality in all communication regarding your brand and business. We will only communicate to those who have been authorized on your account and will not share any information provided with anyone outside our organization.

We’re here to respect the confidentiality of our customers.

Enforcement of User Agreement and Policies

Layerdraft has the right, but not the obligation, to suspend or cancel your access to the Layerdraft Platform if it believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or violated our rights or those of another party. Without limiting Layerdraft’s other remedies, we may suspend or terminate your account, use self-help in connection with our rights to reclaim any available funds, and refuse to provide any further access to the Layerdraft Platform to you if:

  1. you breach any terms and conditions of this Agreement or other written policies and procedures posted on the Site;
  2. we are unable to verify or authenticate any information you provide to us; or
  3. we believe that your actions may cause legal liability for you, our Customers or for Layerdraft.

Once suspended or terminated, you MAY NOT continue to use the Layerdraft Platform under a different account or reregister under a new account. If you attempt to use the Layerdraft Platform under a different account, we reserve the right to reclaim available funds in that account and/or use an available payment methods to pay for any amounts outstanding.

That’s it! If you have any questions or comments concerning these Terms you can always contact us.