Myspace Design, Cd cover design, twitter design, web design, graphic design

Your use of the site is governed by these Terms of Use.  

Content.  All content on this site is the property of  1208 Designs and is protected by U.S. and international law, including, but not limited to all graphics, code and software incorporated into, used on, or offered via this site, service and trade marks, including but not limited to 1208 Designs and trade dress.  You may view the site and may print pages of the site solely in relation to your placement of an order on the site. Otherwise you may not reproduce any portion of the site without the express written permission of 1208 Designs. 1208 Designs does not consider page caching that is performed automatically by your browser to be a violation of this provision.

Information About You.  When you submit information about yourself or your company to 1208 Designs , either via this site or otherwise, we will use the information as described in our Privacy Policy. 1208 Designs uses cookies in connection with its shopping cart.  For more information about cookies see our Privacy Policy. Other than information necessary to place an order, 1208 Designs  does not want to receive confidential, proprietary or trade secret information through the site.  Except as described in the Privacy Policy, any information you submit will be deemed non-confidential and your submission of the information is a grant to 1208 Designs of an irrevocable and unrestricted license to reproduce, transmit, display and distribute the information for any purpose whatsoever.  
 
Client Login. Part of 1208 Designs process in completing client layouts is by logging in through client profiles to make the necessary changes.  Once you have given 1208 Designs consent to access your account, you are responsible for the confidentiality of your account and password.  You agree to be responsible for any activity occurring under account by any person using your password. You must keep your account information current until your project has reached its completion date. 1208 Designs may terminate your service if any suspicion or involvement of copyright infringement is used within our source code.

Warranty.  1208 DESIGNS OFFERS WARRANTY SERVICE ONLY TO ACTIVE PROFILES CREATED BY 1208 DESIGNS. THIS INCLUDES FREE UPDATES TO ANY BROKEN URL LINKS OR IMAGES HOSTED BY 1208 DESIGNS. IF IMAGE CONTENT IS LOST THROUGH CLIENT HOSTING, 1208 DESIGNS CAN NOT BE HELD IN ANY WAY RESPONSIBLE FOR RETRIEVING BACK THE CONTENT.

Title, Risk of Loss.  Title and the risk of loss for any tangible item that you purchase via the site passes to you upon 1208 Designs delivery to its carrier.

Refunds.  Refunds can only be offered at the date of purchase before the project is started. Once client gives permission to activate our services, refunds can no longer be eligible. We may also exercise our rights to refuse or terminate service due to uncooperative nature from our clients.

Applicable Law.  This Terms of Use shall be governed by the laws of the state of California excluding its conflicts of law provisions, and the laws of the United States of America as applicable.  You agree to submit to the jurisdiction of courts sitting in the State of  California for all purposes.  Sole and exclusive venue for any dispute arising under or relating to this agreement shall be in a court sitting in San Joaquin County, California.

Modifications.  We reserve the right to make changes to this Terms of Use at any time.  The site may contain errors or may not be complete or current, including errors as to pricing and availability.  We reserve the right to refuse in good faith to process any order based on errors as to pricing, availability or other material facts.

Other Agreements. Clients use of any  images or  graphic artwork designed by 1208 Designs is solely for the client or bands use only. This states no alterations or duplications can be made without the consent of 1208 Designs.

Law/AUP.  Customer agrees to use the service in compliance with applicable law and 1208 Designs Acceptable Use Policy posted at http://www.1208designs.com/terms.htm (the “AUP”), which is hereby incorporated by reference in this Agreement.  Customer agrees that 1208 Designs may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer’s use of the Services.  Amendments to the AUP are effective on the earlier of 1208 Designs notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment.  Customer agrees to cooperate with 1208 Designs reasonable investigation of any suspected violation of the AUP.  In the event of a dispute between 1208 Designs and Customer regarding the interpretation of the AUP, 1208 Designs commercially reasonable interpretation of the AUP shall govern.

Suspension/Termination. Customer agrees that 1208 Designs  may suspend services to Customer without notice and without liability if: (i) 1208 Designs reasonably believes that the services are being used in violation of the AUP;  (ii)  Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) 1208 Designs reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency.
Customer Information.  Customer represents and warrants to 1208 Designs that the information he, she or it has provided and will provide to 1208 Designs for purposes of establishing and maintaining the service is accurate.  If Customer is an individual, Customer represents and warrants to 1208 Designs that he or she is at least 18 years of age.  1208 Designs may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contract.

Privacy Policy. At 1208 Designs we recognize that privacy is important. This Privacy Policy applies to all of the layouts, graphic work and other services offered by 1208 Designs. We in no way share your information with any third party sources nor forward your information outside of 1208 Designs.

Indemnification. Customer agrees to indemnify and hold harmless 1208 Designs, 1208 Designs affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP  by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.

 Services. We send out all information via email. Therefore it is the client's responsibility to check all emails sent from 1208 designs. Some emails do end up in the spam folder and we do not hold this any reason for attempted bad service as we do warn the client to also check their spam folder. Length of time to complete a client project varies from level of difficulty received or demands for certain features. The basic time frame 1208 designs usually goes by is 1 to 3 weeks. This however can change due to the amount of work flow we receive or lack of communication we are presented from the client.

1208 Designs Watermark. Each of the profiles we have created contains a watermark or tag displayed somewhere in your layout to help protect 1208 Designs from any copyright infringement that may occur. Each client should agree to leave these watermarks in your page for as long as you have your layout installed by 1208 Designs. Any removal or alterations to these watermarks or tags without any consent from 1208 Designs will be subject to termination within our service.

 

• Google, as a third party vendor, uses cookies to serve ads on your site.
• Google's use of the DART cookie enables it to serve ads to your users based on their visit to your sites and other sites on the Internet.
• Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy.

 

Disclaimer of Warranties.  1208 DESIGNS DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.   TO THE EXTENT PERMITTED BY APPLICABLE LAW 1208 DESIGNS DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.  TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS UNLESS  DESCRIBED IN 1208 DESIGNS WARRANTY.


Miscellaneous.      Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property.  Neither party may use the other party’s name or trade mark without the other party’s prior written consent.  The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee.  Neither party will represent itself to be agent of the other.  Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties.  The terms on Customer’s purchase order or other business forms are not binding on 1208 Designs unless they are expressly incorporated into a formal written agreement signed by both parties.  A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement.  A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not.    The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties.   The following provisions will survive expiration or termination of the Agreement:  Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement.  There are no third party beneficiaries to the Agreement.  Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement.  Customer may not transfer the Agreement without 1208 Designs prior written consent.1208 Designs approval for assignment is contingent on the assignee meeting 1208 Designs credit approval criteria. 1208 Designs may assign the Agreement in whole or in part.

This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supercedes and replace any prior understanding or communication, written or oral.