Vortex Studio, LLC - Terms and Conditions

1. General
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This represents a contract established between Vortex Studio, LLC (hereinafter referred to as "Vortex") and the individual, company, organization, business, or entity of any kind requesting or using products and/or services (herein referred to as "you"). Your use of Vortex's products, software, services, web sites (referred to collectively as the "Services" in this document and excluding any services provided to you by Vortex under a separate written agreement) is subject to the Terms of a legal agreement between you and Vortex. If you are an individual representing an entity, you agree and warrant that you are authorized to act on its behalf and You are 18 years of age or older. This contract shall be considered an amendment to any product-specific Terms if any. Unless otherwise agreed in writing with Vortex, your agreement with Vortex will always include, at a minimum, the Terms and conditions set out in this document. These are referred to below as the "Global Terms". Your agreement with Vortex will also include the Terms of any Legal Notices applicable to the Services, in addition to the Global Terms. All of these are referred to below as the "Additional Terms". Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service. The Global Terms, together with the Additional Terms, form a legally binding agreement between you and Vortex in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the "Terms". If there is any contradiction between what the Additional Terms say and what the Global Terms say, then the Additional Terms shall take precedence in relation to that Service. By purchasing, requesting or using the Services, you agree to be bound by all the Terms. Please read the Terms carefully, if you do not wish to be bound by any or all of such Terms, Vortex will not be able to fulfill your request(s) and you will not be able to use the Services. You may also agree to the Terms by clicking to accept or agree to the Terms, where this option is made available to you by Vortex in the user interface for any Service; or by actually using the Services. In this case, you understand and agree that Vortex will treat your use of the Services as acceptance of the Terms from that point onwards. You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Vortex, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services. Before you continue, you should print off or save a local copy of the Global Terms for your records.

As part of this continuing innovation, you acknowledge and agree that Vortex may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Vortex's sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Vortex when you stop using the Services. You acknowledge and agree that if Vortex disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account. You acknowledge and agree that while Vortex may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Vortex at any time, at Vortex's discretion.

2. Provision of Services by Vortex
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2.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Vortex will always be accurate, correct and up to date.
2.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).
2.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Vortex, unless you have been specifically allowed to do so in a separate agreement with Vortex. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
2.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).
2.5 Unless you have been specifically permitted to do so in a separate agreement with Vortex, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
2.6 You agree that you are solely responsible for (and that Vortex has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Vortex may suffer) of any such breach.

3. Your passwords and account security
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3.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.
3.2 Accordingly, you agree that you will be solely responsible to Vortex for all activities that occur under your account.
3.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Vortex immediately by sending an email to privacy@vortexstudio.com.

4. Use of Printed Content
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4.1 You understand and agree that you (and any other person from whom it may have originated) are solely responsible for all impressions regardless of creator or producer even when Vortex has been involved. You warrant and confirm that you either own the copyright to or have permission to copy any documents, text, fonts, graphics, photographs, etc., That you submit for inclusion in the print process, and you agree to defend, indemnify and hold Vortex and its officers, directors, employees, shareholders agent and affiliates, harmless from any suit, demand, or claim arising out of any breach of this warranty and agree to pay any judgment or reasonable settlement offer resulting from any such suit, demand or claim, and to pay any attorney's fees incurred by vortex studio in defending against such suit, demand or claim.
4.2 You agree that you will not send, upload, post or otherwise transmit to Vortex any customer content that contains material that: A. Is unlawful, threatening, abusive, defamatory, and/or obscene; B. which invades another person's privacy; C. Which would further the commission or concealment of a crime; D. Advocates or urges treason, insurrection, sedition or forcible resistance to any law of the united states; E. is not lawfully yours to transmit; F. is the subject of, or which infringes upon, any patent, trademark, trade name, trade secret, copyright, right of publicity, moral right or other intellectual property right of another person or entity. You understand that by accepting these Terms, you will be entirely responsible for any content on printed materials in your order. By accepting final design, you will acquire all liability on such products and all the artistic rights will belong to Vortex.

5. General Rules on Services
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ALL SERVICES/LABOR MUST BE PAID IN ADVANCE. If an order needs to be serviced by anyone at Vortex, all labor costs must be prepaid for the order to be processed. To submit products to print, any printed product must be 50% paid. The production process may take 5-7 business days and printing process 7-9 business days after production. Please plan your project accordingly to allow enough time for the entire process. Once order is submitted deadlines are necessary to maintain customers content. You must maintain constant communication with Vortex until order is approved to ensure the fulfillment of deadlines.
5.1 If you provide Vortex with any text, images, designs, or other content for incorporation into your project, you unconditionally guarantee that you have all appropriate and necessary right and authority to use such text, images, designs, or other content and that your use will not infringe any trademark, copyright, or other right of any other party.
5.2 The designs and/or written copy (collectively, "Designs") prepared by Vortex for you as part of your project may have similarities to Designs prepared by Vortex for other parties. You are obtaining no right or claim of any kind to any individual Design element or elements provided by Vortex and Vortex reserves the right to use the same or similar Design elements in other projects or otherwise for other parties in the future. Except for the specific project content provided to Vortex by you, all rights in all services or products, including without limitation both final Designs and all interim and draft Designs, are retained by Vortex. Your right to use any Designs prepared by Vortex for you is limited to the finished printed products in the form they are supplied to you by Vortex. You may not copy, disassemble, modify, or transfer any such Designs.
5.3 Vortex reserves the right to make changes to these Terms and to the products and services offered by Vortex at any time without prior notice. You should review these and any new Terms at www.vortexstudio.com/forms?TermsOfService
5.4 Vortex reserves the right to use any Designs and/or your finished project products as sample work for advertising and promotional purposes and for internal purposes.
5.5 You must provide Vortex with all the necessary information, measurements, specifications, requests, materials, and any necessary items for the continuation of your order within the first 24 hours after your order has been placed. Vortex is not liable for any bad information or miscommunication that results in errors with your order.
5.6 Vortex will not install or implement any products or services and does not guarantee the work or quality on these after other parties have been involved. Vortex will not cover warranty on any damaged or lost products as a result of the misuse, misplacement or other problems not covered under each product warranties (if any).
5.7 On printed products, Vortex guarantees that its prints will meet CMYK industry standards. We cannot guarantee "match-print" color fidelity and cannot prevent slight color shift throughout an order. Because we cannot control the color reproduction of a customer's computer monitor, we cannot guarantee that the actual print color will precisely match any preview as it appears your monitor. Vortex is not responsible for any color shift in converted color formats with black, near black, or gray tones. Color shifts from a perceived black or gray must be addressed prior to file submission. Proofs do not guarantee black, near black or gray final output. Please note that the application of UV coating may have an effect upon or change the appearance of printed colors. Vortex is not liable for the final color appearance of a UV coated product.

6. Delivery of Designs and Fees
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6.1 Initial Design concepts are expected to be delivered to you within 5 business days of placing your order (1-2 business days on rush orders) provided all content and information needed from you is completed and received. For print products, your Designs will be delivered in web preview format by email notification. The preview on the screen does not guarantee the colors or quality of the prints. For websites, all information must be submitted at once and will be published to the accorded website URL by Vortex. Any further modifications to the website may be purchased at an extra cost. If the email address you provide is not valid or is filtered by your email system, Vortex will not be liable for any missed deadlines and will not refund clients for this reason.
6.2 Other fees may apply for image processing, multiple varieties of the same document, file conversion, and revisions beyond the number, if any, provided with the initial fee. Vortex will apply any additional extra costs incurred throughout the process to the final amount.
6.3 Vortex only offers 2 proofs per design. Additional proofs will be appended to your invoice on an hourly basis without any further confirmation from you.

7. Acceptance and Project Approval
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PLEASE REVIEW YOUR ORDER CAREFULLY BEFORE APPROVING.Vortex will not accept changes, modifications, or cancellations to orders that have been approved. You are fully responsible for the final layout approval prior to the printing process even if the approval has only been assumed by Vortex (see section 3a). Vortex will NOT BE LIABLE for errors caused by any of the following reasons: any image provided by you, low-resolution images, transparencies, colors, typo's, misspelled words, grammar errors, punctuation, erroneous contact information including, but not limited to, names, numbers, addresses, websites. Vortex does not make any changes on customer files after these have been approved.
7.1 A final approval must be received within 7 business days after initial work or designed has been provided. If approval is not received within the allowed time period, Vortex reserves the right to cancel the order or approve the project and proceed with the necessary steps as if you had approved the project. On rush orders, 7 business days are allowed for final approval. If Vortex cancels the order due to the lack of your approval, all cancellation Terms will apply.

8. Termination and Cancellation
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The Terms will continue to apply until terminated by either you or Vortex as set out below.
8.1. Any labor or service requests are final and have no cancellation period.
8.2. Product requests may be cancelled within 24 hours of initial request without a cancellation fee. After this 24 hour period, a 15% of the total amount of the invoice will be charged. With printed products, cancellation period ends when Vortex submits files to print or receives approval notice, after that the order is final.
8.3. Any final orders, approved labor, approved projects, rush orders, products on sale and special offers are due immediately upon completion and delivery, and have no cancellation period.
8.4. If you want to terminate your legal agreement with Vortex, you may do so by (a) notifying Vortex at any time and (b) closing your accounts for all of the Services which you use, where Vortex has made this option available to you. Your notice should be sent, in writing, to Vortex's address which is set out at the beginning of these Terms.
8.5. Vortex will not perform your project again for any reason at a lower cost. If the project needs to be performed again or the printed product needs to be re-printed, Vortex may reduce the price of the initial price at Vortex's discretion.
8.6. Vortex reserves the right, in Vortex sole discretion, to refuse to accept any project or to terminate any project prior to completion at any time and for any reason. You agree that Vortex shall have no liability of any kind to you or to any third party arising from such refusal or termination.
8.7. Vortex may at any time, terminate its legal agreement with you if:
(a) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
(b) Vortex is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(c) the partner with whom Vortex offered the Services to you has terminated its relationship with Vortex or ceased to offer the Services to you; or
(d) Vortex is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
(e) the provision of the Services to you by Vortex is, in Vortex's opinion, no longer commercially viable.
8.8. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Vortex have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.

9. Additional Order Requirements
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9.1 Full payment for any services/labor must be provided in advance prior to the start of an order.
9.2 On print projects and before sending files to print, a minimum of 50% of the entire order must be fulfilled to continue the process.
9.3 Vortex may request a final method of payment at any time, and has the right to cancel the order if this payment method is not received and all cancellation Terms will apply.
9.4 If products have not been delivered, shipped, or picked up by you or an authorized individual within 5 business days of ready-to-be-delivered notice, Vortex has the right to process a balance-due payment on the "final method of payment" described on line 3c above or any method of payment on file.
9.5 Vortex reserves the right to 10% over/under run.
9.6 All printed products are subject to a $20.00 setup fee.
9.7 If information, files or other items need to be manipulated by Vortex in order to proceed with order, any extra services (such as design fees) will be added to the balance of the total amount and are due upon project completion.

10. Damages and Liabilities
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10.1 Vortex disclaims and shall not be liable for any other loss, injury, cost or damage suffered by you or any third party and shall in no event be liable for consequential, special, or indirect or incidental damages, including without limitation, damages for loss of business profits, business interruption, or loss of data, arising out of or in any way connected with the use of the product Designs and any information available on it, and the delay or inability to use the Vortex site or any information, even if Vortex has been advised of the possibility of such damages.
10.2 Estimated turnaround times are based on the time after final approval is received. Vortex shall not be responsible for any delays on delivery and/or impact to your business due to a delay. Your order may not be cancelled or voided due to a delay in delivery. If Vortex provides you with an estimated turnaround time is for informational purposes only and is based on our experience on previous orders. You should be aware that many factors may affect the delivery of your order. Vortex advises you to plan with at least one month for any printing or shipping time.
10.3 Discontinued, on sale, or reduced products have no warranty. If you would like to obtain special warranty, this may be sold separately.
10.4 Discounts do not apply with any other discounts, offers, or promotional pricing.

11. Refunds
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There are NO CASH REFUNDS and NO EXCEPTIONS. Credit may be offered solely at Vortex's discretion that can be redeemed or credited on any of Vortex's full-priced products or services. Refounded credit is not valid with any offer or promotion. Credit may only be given when a verifiable error has been made by Vortex. All refunds are subject to review and case investigation price that will be billed to you.
Customer must notify Vortex within 5 business days after order acceptance of any defects discovered in the ordered product or the claim will be immediately denied. In order to receive an item replacement, you must return 100% of the received goods within 7 days of delivery date (at your own expense). If Vortex does not receive 100% of the goods, Vortex will assume that the difference matched your expectations and will be priced at full price.
All labor costs and other charges related to expediting your order such as rush fees, shipping fees, third-party costs, among other are NON REFUNDABLE.

12. Proof Types and Costs
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Vortex will provide the customer with different types of proofs to ensure quality service. This proofs may or may not have a monetary cost, depending on which you choose, you may be charged for it on this invoice. The kind of proofs will be the following:
(a) Digital PDF (low resolution), PNG, or JPG proofs. These proofs are free of charge. And it is mandatory that a our graphic department provides a customer with one prior to submit the artwork to print
(b) Digital PDF Proof (high resolution). This proof will reflect a more accurate visual version of the quality of the print so you can review in detail any discrepancies. A special request must be received in order to provide this service.
(c) High Quality Printed Proof. This proof will be printed on paper with a high quality printer, matching up to 85% of the final color (only on gloss surfaces). The cost of it is $10 per proof and the print process will be delayed.
(d) Hard copy IRIS Proofs: These proofs are proofs with paper stocks and their prices are: $50 up to 8.5x11", $74 up to 13x19", $96 up to 23x36".
(e) Large Format, the proof cost may vary, depending on the material and/or size of the proof. Please ask the sales representative for the cost of such proof.

13. Vortex Branding
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13.1 Please note that all of our products/graphics are subject to be labeled with a proprietorship Vortex logo and/or contact information unless otherwise requested by you in written format. This logo will be placed in a subtle manner within an area not vital to design.
Copyrights
13.2 Vortex reserves the rights for all artwork, design, inventions and other intellectual property created by Vortex personnel and external contractors. The unauthorized use, reproduction or distribution of any or all intellectual property without explicit written consent is illegal and will be prosecuted at the full extent of the permitted laws under which state and country this act was performed. Vortex will not give away the rights of any intellectual property unless previously negotiated separately from this agreement.
Product Warranty
13.3 Due to the vast number of products, warranties are defined separately on an individual product basis (if any). A warranty may be requested prior to the closing of this agreement. If you are concerned about the warranty on any product or service provided by Vortex, you may obtain a copy of such at any time, however, once an order has been placed, warranties have been implicitly accepted by you and all Terms and conditions will still apply. Extended warranties are offered separately, please ask a representative for pricing.

14. Quality Assurance
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14.1. Price Match: Due to our excellent quality in printing products and out high standards in graphic arts, we cannot offer price match in all of our products. Please send a sales representative your pricing questions.
14.2. Color Match: Vortex is not liable for color matching or ink density on proofs previewed on a screen. Screen proofs will predict design layout, text accuracy, image proportion and placement, but not color or density. Application of UV coating may effect or change the appearance of the printed colors. Vortex is not liable for the final color appearance of UV products.

15. Other Fees
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All bounced checks are subject to a $35 fee or the maximum fee allowed by the jurisdiction in which the check was written and may be prosecuted as a fraudulent transaction if not reimbursed within 48 hours of written or verbal notification to you. Canceled credit card transaction will be subject to a $25 fee plus all the administration costs in consequence of such cancellation. Any outstanding balances may be submitted to collections and appended any administrative fees incurred in the process.
understanding the Terms.

16. Estimates
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Unless explicitly written, all estimates provided by Vortex are valid for 15 days after creation, regardless of delivery date. A written or printed copy of the estimate must be presented in order to satisfy the estimated price(s) and timeline(s).

17. Privacy and your personal information
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17.1. For information about Vortex's data protection practices, please read Vortex's privacy policy at http://www.vortexstudio.com/forms?privacy. This policy explains how Vortex treats your personal information, and protects your privacy, when you use the Services.
17.2. You agree to the use of your data in accordance with Vortex's privacy policies.

18. Content in the Services
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18.1 You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.
18.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Vortex (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Vortex or by the owners of that Content, in a separate agreement.
18.3 Vortex reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, Vortex may provide tools to filter out explicit sexual content. These tools include the SafeSearch preference settings (see http://www.Vortex.com/help/customize.html#safe). In addition, there are commercially available services and software to limit access to material that you may find objectionable.
18.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.
18.5 You agree that you are solely responsible for (and that Vortex has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Vortex may suffer) by doing so.

19. Proprietary rights
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19.1 You acknowledge and agree that Vortex (or Vortex's licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Vortex and that you shall not disclose such information without Vortex's prior written consent.
19.2 Unless you have agreed otherwise in writing with Vortex, nothing in the Terms gives you a right to use any of Vortex's trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.
19.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Vortex, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and Vortex's brand feature use guidelines as updated from time to time. These guidelines can be viewed online at http://www.Vortex.com/permissions/guidelines.html (or such other URL as Vortex may provide for this purpose from time to time).
19.4 Other than the limited license set forth in Section 11, Vortex acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Vortex, you agree that you are responsible for protecting and enforcing those rights and that Vortex has no obligation to do so on your behalf.
19.5 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
19.6 Unless you have been expressly authorized to do so in writing by Vortex, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

20. License from Vortex
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20.1 Vortex gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Vortex as part of the Services as provided to you by Vortex (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Vortex, in the manner permitted by the Terms.
20.2 You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by Vortex, in writing.
20.3 Unless Vortex has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

21. Content license from you
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21.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Vortex a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling Vortex to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.
21.2 You agree that this license includes a right for Vortex to make such Content available to other companies, organizations or individuals with whom Vortex has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
21.3 You understand that Vortex, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit Vortex to take these actions.
21.4 You confirm and warrant to Vortex that you have all the rights, power and authority necessary to grant the above license.

22. Software updates
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The Software which you use may automatically download and install updates from time to time from Vortex. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Vortex to deliver these to you) as part of your use of the Services.

23. Normal Order Proces (excluding rush orders)
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Day 1. Order Submission. Customer approval of quote and knowledge of what products and/or services you will receive. Keep in mind that all labor must be paid and half of the cost of printed materials must be obtained. You have 24 hours to cancel the order without a cancellation fee.
Day 2. Production Starts (graphic design, web design, web development, content management, setup processes, etc). Cancellations will result in deduction of any labor costs and 15% of products.
Day 3-6. Proofing Process. Vortex will maintain constant communication with you until final approval is received or production process ends. It is imperative to review any designs carefully throughout this process.
Day 7. Files to Print. Written approval must be received by now. If written approval is not received, order must be fulfilled and approval is assumed following all approval Terms. At this time, 50% of the printed costs must be covered to submit files to print. Cancellations may not be made from this point on.
Day 8-13. Printing. Depending on the job, a different printer is used and time varies. The following internal steps follow: (1) prepress, (2) impose, (3) printing, (4) finishing, (5) cutting, (6) bindery, (7) shipping and/or delivery.
Day 14-16. Delivery. Materials have been shipped or need to be delivered to you. Turnaround Times: The turnaround time is defined by an error-free order and any complications to the order will delay the process. Customer must notify Vortex if an order must be met by a specific date. Charges for rush orders may apply.

24. Advertisements
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24.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
24.2 The manner, mode and extent of advertising by Vortex on the Services are subject to change without specific notice to you.
24.3 In consideration for Vortex granting you access to and use of the Services, you agree that Vortex may place such advertising on the Services.

25. Other content
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25.1 The Services may include hyperlinks to other web sites or content or resources. Vortex may have no control over any web sites or resources which are provided by companies or persons other than Vortex.
25.2 You acknowledge and agree that Vortex is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
25.3 You acknowledge and agree that Vortex is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

26. Changes to the Terms
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26.1. Vortex may make changes to the Global Terms or Additional Terms from time to time. When these changes are made, Vortex will make a new copy of the Global Terms available at http://www.Vortex.com/accounts/TOS?hl=en and any new Additional Terms will be made available to you from within, or through, the affected Services.
26.2. You understand and agree that if you use the Services after the date on which the Global Terms or Additional Terms have changed, Vortex will treat your use as acceptance of the updated Global Terms or Additional Terms.

27. General legal Terms
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27.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate Terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
27.2 The Terms constitute the whole legal agreement between you and Vortex and govern your use of the Services (but excluding any services which Vortex may provide to you under a separate written agreement), and completely replace any prior agreements between you and Vortex in relation to the Services.
27.3 You agree that Vortex may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
27.4 You agree that if Vortex does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Vortex has the benefit of under any applicable law), this will not be taken to be a formal waiver of Vortex's rights and that those rights or remedies will still be available to Vortex.
27.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
27.6 You acknowledge and agree that each member of the group of companies of which Vortex is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
27.7 The Terms, and your relationship with Vortex under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Vortex agree to submit to the exclusive jurisdiction of the courts located within the county of Santa Clara, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Vortex shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

28. Monitoring of Content
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28.1. Vortex generally does not pre-screen User Content (whether posted to a website hosted by Vortex or posted to this Site). However, Vortex reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with these Terms of Use. Vortex may remove any item of User Content (whether posted to a website hosted by Vortex or posted to this Site) and/or terminate a User's access to this Site or the Services found at this Site for posting or publishing any material in violation of these Terms of Use, or for otherwise violating these Terms of Use (as determined by Vortex in its sole and absolute discretion), at any time and without prior notice. Vortex may also terminate a User's access to this Site or the Services found at this Site if Vortex has reason to believe the User is a repeat offender. If Vortex terminates your access to this Site or the Services found at this Site, Vortex may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
28.2. Any website that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service to a Dedicated Server plan. Vortex will be the sole arbiter of what is considered to be a high server usage level. All Web Hosting and Ecommerce accounts come with a limit of 5,000 files per account. Each block of 5,000 files after the initial 5,000 will incur an additional charge of US$9.95/month. Any Web Hosting and Ecommerce account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
28.3. Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Vortex's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a website hosted on a Vortex server, and selling or distributing software (on a website residing on a Vortex server) that facilitates spamming. Violators will be assessed a minimum fine of $200 and will face immediate suspension. Vortex reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
28.4. Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. Vortex does not permit CGI script sharing with domains not hosted by Vortex or any scripts that may be abused for UCE purposes.
28.5. Vortex may allow programs to run in the background. These programs will be considered on an individual basis and Web Hosting and Ecommerce customers will incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact Vortex at support@Vortex.com so that we can arrange set-up.
28.6. The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer's server to the Internet. The customer may request that the customer's server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.

29. Illegal Use
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29.1 Vortex servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing Vortex services, all Vortex customers certify that they and/or the organization they represent in procuring services from Vortex are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
29.2 Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to Vortex's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a website hosted on a Vortex server, and selling or distributing software (on a website residing on a Vortex server) that facilitates spamming. Violators will be assessed a minimum fine of US$200 and will face immediate suspension. Vortex reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
29.3 Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
29.4 Use of Vortex's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Vortex's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.

30. EXCLUSION OF WARRANTIES
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30.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 30 AND 31, SHALL EXCLUDE OR LIMIT VORTEX'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
30.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
30.3 IN PARTICULAR, VORTEX, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
30.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
30.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Vortex OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
30.6 VORTEX FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

31 LIMITATION OF LIABILITY
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31.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 30.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT VORTEX, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE 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;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH VORTEX MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE Vortex WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
31.2 THE LIMITATIONS ON VORTEX'S LIABILITY TO YOU IN PARAGRAPH 29.1 ABOVE SHALL APPLY WHETHER OR NOT VORTEX HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.