Terms & Conditions

Last updated May 2018

Terms of use of unlimitly.com

Unlimitly (Unlimitly Pty Ltd ABN 64 162 410 200)

Terms and acceptance

This Site is controlled and operated by Unlimitly Pty Ltd (“Unlimitly”).

By accessing and using this website (the “Site”), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions of Use between Unlimitly and you, 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 website are protected by applicable copyright and trademark law.

IP Ownership / Use license

The material provided on this Site is protected by law, including without limitation, United States Copyright law. The copyright in all material provided on this Site is held by Unlimitly. Except as expressly permitted by Unlimitly, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Unlimitly or the copyright owner.

Disclaimer

The materials on Unlimitly’s website are provided “as is”. Unlimitly 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, Unlimitly does not warrant or make any representations concerning 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 sites linked to this site.

Limitations

In no event shall Unlimitly or its suppliers be liable for any damages (including, without limitation, negligence, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Unlimitly’s internet site, even if Unlimitly or a Unlimitly 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. In no event shall the total liability of Unlimitly under this agreement exceed fifty dollars ($50), regardless of the cause of action, in tort, contract, or otherwise.

Links

Unlimitly 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 Unlimitly of the site. Use of any such linked website is at the user’s own risk.

Feedback

Any material, information, or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Unlimitly or its affiliates for any purpose whatsoever, including developing, manufacturing, and marketing products. Notwithstanding the foregoing, all personally identifiable information provided to Unlimitly will be handled in accordance with Unlimitly’s Privacy Policy. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

Fees, cancellation, refunds and Money-back Guarantee

You agree to pay the fees, in such amount and for such billing frequency as specified or negotiated during registration, in full prior to any obligation of Unlimitly to perform under this Agreement. You further agree that, upon registering for the services, you authorize Unlimitly to charge your method of payment (e.g. credit card) or pay (e.g. invoice) for the fee on each anniversary of your registration date, based upon your billing frequency (e.g. monthly, quarterly, annually). Payment of the fees shall be in such amounts and at such times as set forth by Unlimitly through information provided to you and as authorized through the sign-up and registration process. Your account and access to the services may be suspended in the event of non-payment of applicable fees. You represent and warrant to Unlimitly that such payment information is accurate and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your credit card information) that may occur.

You may cancel your subscription with Unlimitly at any time. Upon cancellation, you will continue to have access to the Unlimitly services through the end of your paid billing term. Unlimitly may change its fees from time to time with a minimum of 30 days' notice, but with no advance notice required for reductions in fees.

You may request a refund within the first 14 days of a purchase of any new subscription plan.

Beyond the 14 day window there are no refunds for full or partial subscription plans, including unused time on a plan, unless under the sole discretion of Unlimitly officers.

Promotions, upgrades, and adjustments to existing plans are non-refundable.

You, the client are responsible to use Unlimitly after payment.

Ownership, trademarks & provided assets

You own all graphics and files we create during any month paid in full. 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 and you represent to Unlimitly that all materials provided do not infringe on the intellectual property rights of third parties.

You agree to indemnify, defend, and hold harmless Unlimitly and its affiliates, officers, members, managers, agents, successors and assigns (the “Indemnified Parties”) from and against all claims, demands, liabilities, damages, and costs including, without limitation, its reasonable attorneys’ fees, arising out of or relating to (i) your breach of any of the terms of this Agreement, (ii) your use of the services provided pursuant to the Site, and (iii) infringement of third party’s intellectual property rights or other proprietary rights.

Fair use policy

Unlimitly is designed for the reasonable and fair use of a single individual from a non-creative based small business.

If we find that you are not in alignment with our model, sharing accounts/logins, violate our core values, or are abusing our services or team in any way, including using our services for illegal or adult/pornographic purposes we reserve the right to cancel your account.

Your right to use the Unlimitly services shall terminate upon your breach of any term of this Agreement.

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. Unlimitly is not responsible or liable for any losses or expenses incurred from errors or omissions.

Sample work

By default, you agree to provide Unlimitly with a non-exclusive right and license to publish your work in our portfolio, social media or other communication efforts. If you would like to revoke this right, please notify our team in writing to hello@unlimitly.com.

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, subject to our Privacy Policy.

Work and delivery output

While we accept unlimited requests and revisions, our output capacity depends on many factors, namely depending on the request volume and complexity. We will do our best to work with you to accommodate any priority items and your timelines but our suggestion is plan accordingly or to not use our service for time sensitive requests.

Creative rounds

A creative round is a measurement of creative output and what we are able to accomplish in a creative round depends on the complexity and total volume of your requests. A creative round begins when the request or revision is assigned a status of ‘Working’ within your account. Requests or revisions will not be assigned if they unclear, vague or missing required assets and information. Normally any request or revision received will be assigned that business day. These timelines may change due to the nature of our business as ultimately determined by Unlimitly staff. We will make every attempt to deliver a request according to your timelines, however there is no guarantee.

Site terms of use modifications

Unlimitly may revise these terms of use for the Site at any time without notice. By using the Site you are agreeing to be bound by the current version of these Terms and Conditions of Use.

© 2018 Unlimitly. All rights reserved.