Effective since November 10, 2022

Welcome to vanVendi!
Before getting started, please read these Terms and Conditions of Use (the "Terms and Conditions") carefully. These Terms and Conditions regulate relations between vanVendi and the User ("User", "Client"). If you do not accept these Terms and Conditions, you may not use vanVendi. By using vanVendi and signing up as a Client, you agree to be legally bound by these Terms and Conditions, including those terms and conditions incorporated by reference. These Terms and Conditions are subject to change by vanVendi at any time by uploading new versions of this web page. Please visit this web page each time you initiate a new order to review the Terms and Conditions.
In these Terms and Conditions, all services provided by and related to vanVendi, and all text, images, photographs, graphic design, user interface, data and other content included at www.vanvendi.com are referred to as the "Web Site" or "Service." vanVendi is owned and operated by vanVendi LLC, a Delaware limited liability company.
You acknowledge and agree that vanVendi has the right in its sole discretion to pre-screen, refuse or remove any project and/or user provided content that violates these Terms and Conditions or is otherwise objectionable, including, without limitation, projects or content that is illegal, obscene, indecent, defamatory, incites religious, racial or ethnic hatred, or violates the rights of others. You acknowledge and agree that vanVendi may access, preserve and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any project or content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of vanVendi, its users and the public.

1. vanVendi Service Generally
(a) Description.
vanVendi is an online service where individuals or entities that have signed up as clients (each, a "Client") can: (a) select a service package (each, a "Package") and/or options (each, an "Option") according to their needs, (b) post specific assignments and project descriptions, including illustrative samples or other media (each, a "Brief" or a "Creative Brief"), (c) obtain creative concepts (each, an "Initial Concept") according to the selected Package, (d) revise those concepts (each, a "Revision" or a "Revision Round"), (e) obtain responses to those Revisions (each, a "Revised Concept") and (f) download final compositions (each, a "Result") prepared and suitable for printing or publishing by a Client. vanVendi provides you, as the Client, the Service according to the Package(s) and Option(s) you have selected as detailed on Package pages of the Web Site. Your Result(s) will be created iteratively through a drafting cycle of Briefs, Initial Concepts, Revision Rounds and Revised Concepts according to your Brief(s) and Revision(s).
(b) Creative Brief.
You are solely responsible for preparing and posting detailed descriptions of each of your Creative Briefs to the Web Site, including providing photographs and/or graphic material which is to be included into your project and/or samples illustrating your Creative Brief. vanVendi is under no obligation to review a Creative Brief for any purpose, including accuracy, completeness of information, quality or clarity. vanVendi may decide, in its sole discretion, to deny a Creative Brief and pay a refund.
(c) Reviewing Concepts.
When vanVendi provides you with Initial Concepts or Revised Concepts, you are responsible for reviewing them in your personal folder ("My Account"). We send you a message 'Your order is ready' by e-mail at the same time when we upload Initial Concepts or Revised Concepts. You can also review your personal folder on a periodic basis. vanVendi is not responsible for any delay or fail of your e-mail server. If you fail to promptly inform vanVendi within 30 days after uploading Initial Concepts or Revised Concepts that they do not perfectly fit your vision, you will be deemed to have accepted the Result.
(d) Revision Rounds.
If you notify vanVendi within the term mentioned in the paragraph 1(c) that you think an Initial Concept or a Revised Concept does not perfectly fit your vision, you shall then submit to the Web Site a Revision Brief containing information regarding amendments or modification to be made to the Initial Concept or the Revised Concept according to the number of Revision Rounds included into the selected package or taken as an option. After you provide vanVendi with a Revision, vanVendi will provide you with a subsequent Revised Concept that conforms to the additional criteria you requested. No revision work, which requires payment, will be started without your authorization.
(e) Prices, Packages and Options.
You may order our service selecting from Packages and Options which we propose in each section of the Web Site ("Logo Express", "Text Express", "Design Express"). Prices are given together with each Package and Option. Prices of Packages and Options are subject to change. vanVendi may not change the price of the Package or the Option which you have already paid. Some Options are available apart from Packages. This means that you may order certain Options without ordering any Package. In case you need a service or a product not represented in any Package or Option please contact us for a specific quote.
(f) Payments.
After registering for the Web Site you may order the Service through Packages and Options. Ordering Packages and Options, you have to pay the full fee for the Service up-front via wire transfer or credit card. You will be charged for the Package and/or the Option you have selected. If you pay by credit card, you will be required to provide a valid credit card number and credit card billing address. vanVendi does not accept any information about your credit card. The credit card transaction will appear on your statement as "VANVENDI". Our fee policy for Clients may change and we may decide to impose additional fees on Clients at any time; however, such additional fees will not apply to projects submitted before vanVendi implements any such change in fees.
(g) Refunds.
If you are not satisfied with the Initial Concept(s) provided by vanVendi, you may request a refund by completing the Refund Request form, which will be provided to you upon request. vanVendi will refund the payment made by you only (i) for the Packages and Options from the section "Logo Express" and "Design Express" and (ii) before you submit your Revision Brief. No payments (i) for the Packages and Options from the section "Text Express" or (ii) after you submit your Revision Brief are refunded. You shall also forfeit the right to a refund if you do not respond in a timely manner to a status notification from vanVendi, as described in section 1(c). Should you receive a refund, you agree that your acceptance of the refund shall constitute your sole and exclusive remedy with respect to related Initial Concepts. You also acknowledge that you will have no right (express or implied) to use any Initial Concept or other work product, content, or media, nor will you have any ownership interest in or to the same.
(h) Project Duration.
You agree to provide timely responses to any status notifications that vanVendi sends to you. You shall have 30 days to respond to each Concept sent to you. If after 30 days you have failed to respond, vanVendi will assume that your order is complete and the order shall be deemed completed.

2. Eligibility, Access, Use and Service
(a) Eligibility Requirements.
To register as a Client, you must be at least 18 years of age, agree to these Terms and Conditions and vanVendi' privacy policy and complete the registration procedure. By registering as a Client, you represent and warrant that you meet these eligibility requirements, that the information you include as part of the registration process is complete and accurate and, if you are registering on behalf of an entity, that you are authorized to bind that entity to these Terms and Conditions. vanVendi may accept or reject your registration in its sole discretion.
(b) Authorization to Use and Permitted Uses.
You may access and use the Web Site solely in accordance with these Terms and Conditions. You may provide Creative Briefs and obtain Concepts only if you register as a Client. Any use of the Web Site is at your sole risk and responsibility. Subject to these Terms and Conditions, you may (i) display the Web Site on an Internet access device, and (ii) on an occasional, infrequent and ad hoc basis, and only in circumstances that constitute "fair use" under United States copyright law, print copies of insubstantial portions of the Web Site.
(c) Prohibited Uses.
Except as expressly permitted in these Terms and Conditions, you may not display or print the Web Site and in no event may you broadcast, circulate, distribute, download, perform, publish, rent, reproduce, sell, store, transmit or create decorative works from the Web Site. Additionally, you agree to comply with all applicable laws (including, without limitation, any applicable export controls) in connection with your use of the Service, and with such further limitations or rules as may be set forth on the Web Site. Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Web Site that (i) is copyrighted, unless you are the copyright owner; (ii) reveals trade secrets, unless you own them; (iii) infringes on any other proprietary or intellectual property rights of others, on the privacy or publicity rights of others, or any statutory right; (iv) is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any other person or entity; (v) is sexually-explicit; (vi) constitutes advertisements or solicitations of business, chain letters or pyramid schemes; or (vii) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
You further agree not to (a) use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a Client; (b) delete or revise any material or other information of any other user of vanVendi; (c) take any action that imposes an unreasonable or disproportionately large load on the Web Site's infrastructure; (d) use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on the Web Site; (e) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Web Site, other than the search engine and search agents available from vanVendi on the Web Site and other than generally available third-party web browsers (e.g., Microsoft Internet Explorer and Netscape Navigator); or (f) attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Web Site.
(d) Web Site Security.
You are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (i) accessing data not intended for you or logging into a server or account that you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, "flooding", "spamming", "mailbombing" or "crashing", the Web Site; (iv) sending unsolicited email to any user of the Web Site, including promotions and/or advertising of products or services; or (v) forging any TCP/IP packet header or any part of the header information in any email or posting generated in connection with the Service. Violations of system or network security may result in civil or criminal liability. vanVendi will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. vanVendi reserves the right to review postings on the Web Site, to remove any postings, and to terminate your ability to communicate with, or post to, the Web Site at any time without notice, in its sole discretion. vanVendi will use commercially reasonable efforts not to disclose any information you communicate with, or post to, the Web Site, but reserves the right to disclose such information to the extent necessary to satisfy any applicable law, regulation, legal process or governmental request, and the right to edit, refuse to post or to remove any information or materials, in whole or in part.
(e) Operation of Web Site.
vanVendi shall not be responsible for any delays or interruptions of, or errors or omissions contained in, the Web Site. vanVendi reserves the right, but shall not be required, to correct any such delays, interruptions, errors or omissions. Although vanVendi intends to use commercially reasonable efforts to make the Web Site and Service accessible, vanVendi makes no representation, warranty or covenant that the Web Site or Service will be available at all times or at any time. Various circumstances may prevent or delay availability, including telecommunications and/or server problems. vanVendi may at any time discontinue the Web Site in whole or in part, may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics. vanVendi shall not be responsible for any loss, cost, damage or liability that may result from any of the circumstances, actions or inactions described in this paragraph.

3. Registration and Security
(a) Registration.
When you register as a Client, your Personal Folder ("My Account") will be created. During the registration process you provide vanVendi with your personal and contact information. However your user name need not be your real name. You are responsible for ensuring that you are comfortable making such information available to vanVendi' personnel.
(b) Security.
You shall keep confidential, shall not disseminate, and shall use solely in accordance with these Terms and Conditions, your registration identification and password for the Web Site. You shall immediately notify vanVendi if you learn of or suspect: (i) any loss or theft of your password, or (ii) any unauthorized use of your registration identification or password or of the Web Site. In the event of such loss, theft, or unauthorized use, vanVendi may impose on you, at vanVendi' sole discretion, additional security obligations. If any unauthorized person obtains access to the Web Site as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly inform vanVendi. You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.

4. Ownership and Rights to Use
(a) Web Site and Service Generally.
Except as expressly contemplated under these Terms and Conditions, as between vanVendi and you, vanVendi will own all right, title and interest in and to all copyright, trademark, service mark, patent, trade secret or other intellectual property and proprietary rights in and to the Web Site and Service, in all media now known or later devised, to the fullest extent provided under international law. You shall not remove, conceal or alter any copyright notice, byline information, disclaimer, restriction or other notice on the Web Site or any portion thereof. You shall not use or permit any third party to use the name, trademarks, trade names, or trade dress of vanVendi, including "vanVendi", without the prior written consent of vanVendi, as determined in its sole discretion, for each such use.
(b) Creative Briefs and Revisions.
Upon submission of a Creative Brief or a Revision or any other information or media provided by you in connection with your use of the Service (collectively, the "Client Information"), vanVendi and its agents shall have all rights and licenses necessary to use such Client Information for the purpose of obtaining Concepts and Results and for archival purposes. Each employee of vanVendi ("Member") to whom your project is made available has the right to review and display the relevant Term Sheet for purposes of preparing Concepts and Results.
(c) Rights of vanVendi.
Upon your submission of Client Information to the Web Site, you grant vanVendi and its agents a royalty-free, perpetual, irrevocable, sublicenseable, exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works, in any form, media, or technology now known or later developed, such Client Information, for the full term of any intellectual property rights that may exist in such Client Information to the extent necessary to provide you with Service, Concepts and Results. You also grant vanVendi and its agents a royalty-free, perpetual, irrevocable, exclusive, worldwide right and license to use Concepts and Results as samples of vanVendi' work in order to display and promote the vanVendi Service and the service of vanVendi' Members, agents and partners.
(d) Rights of Clients.
Subject to your compliance with these Terms and Conditions, you shall own the final composition provided to you by vanVendi (the "Result" or "Final Product"). You shall not, however, own any materials, media or other content generated during any revision cycles leading up to the Final Product, and vanVendi expressly reserves all right, title and interest in and to the same. vanVendi retains the rights to all artwork concepts and other content rejected by you. You acknowledge that your ownership rights under these Terms and Conditions are limited to the Final Product, and that no trademarks or service marks in or to any Final Product are being conveyed under these Terms and Conditions. You hereby acknowledge that vanVendi shall have no obligation or duty to perform trademark, service mark or copyright searches or inquiries, or the like, in order to validate the propriety or legality of the Final Product. Accordingly, you are encouraged to perform your own independent searches with regard to the Final Product. Furthermore, you acknowledge that vanVendi shall have no responsibility or obligation of any kind to assist you in seeking state or federal intellectual property protection (i.e., without limitation, trademark or copyright registration) for the Final Product, nor shall vanVendi be responsible for otherwise assisting you in any way in your attempt to perfect your rights in or to the Final Product.

5. Nondisclosure and Privacy
vanVendi intends to use commercially reasonable efforts to follow its privacy policy, as such privacy policy may be changed from time to time at vanVendi' sole discretion. Notwithstanding the foregoing, vanVendi cannot and does not assume any responsibility or liability for any information submitted to the Web Site or for the use or misuse of any information submitted by you or any other person, including, without limitation, any information accessed by a hacker or by any other malicious act.

6. Disclaimers; Indemnification; Limitations of Liability
(a) Responsibility for Content.
vanVendi shall not be responsible for any use that is or is not made of the Web Site or the Service. Without limiting the foregoing, vanVendi makes no representations, warranties or covenants regarding, and does not guarantee, the truthfulness, accuracy, or reliability of any information or other material (including, without limitation, any Creative Brief, Concepts or User Identity) that are communicated through, or posted to, the Service, whether by Members, Clients, vanVendi or otherwise, nor does vanVendi endorse any opinions expressed by any user of the Web Site, including any Member or Client. Without limiting the foregoing, vanVendi makes no representations, warranties or covenants regarding the validity of the rights to Concepts granted pursuant to these Terms and Conditions. You acknowledge that any reliance on information or other material, including, without limitation, any information related to a particular Package or your project, Concept or User Identity, communicated through the Service, or posted to the Web Site, will be at your own risk. Without limiting the foregoing, you agree and acknowledge that you use each Concept or Final Product at your own risk and that you are responsible for taking any actions you deem reasonable to determine whether your use of a Concept or Final Product will infringe any statutory or third-party intellectual property, privacy or publicity rights.
(b) Links to Third-Party Services.
The Web Site may contain links to third-party web sites or other services (the "Linked Content"). The Linked Content is not under the control of vanVendi and vanVendi is not responsible for the Linked Content, including, without limitation, links contained in the Linked Content, or any changes or updates to Linked Content. vanVendi is providing Linked Content to you only as a convenience, and the inclusion of such Linked Content is not an endorsement by vanVendi of such Linked Content. If you decide to access any Linked Content, you do so at your own risk.
(c) Disclaimer of Warranties.
The Service, Concepts and Results are provided "as is." vanVendi makes no representation or warranty of any kind whatsoever to you or any other person relating in any way to the web site, including any part thereof, or any web site or other content or service that may be accessible directly or indirectly through the web site, including any term sheet, response, user identity or linked content. vanVendi disclaims, to the maximum extent permitted by law, any and all such representations and warranties, whether express or implied. Without limiting the generality of the foregoing, vanVendi disclaims, to the maximum extent permitted by law, any and all (i) warranties of merchantability or fitness for a particular purpose; (ii) warranties against infringement of any third-party intellectual property or proprietary rights; (iii) warranties relating to delays, interruptions, errors, or omissions in the web site, or any part thereof; (iv) warranties relating to the transmission or delivery of the web site; and (v) warranties otherwise relating to performance, non-performance, or other acts or omissions by vanVendi or any third party. Furthermore, there is no warranty that the web site will meet your needs or requirements or the needs or requirements of any other person.
(d) Indemnification.
You hereby agree to defend, indemnify and hold harmless vanVendi and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from any action, claim, demand, or liability arising from or relating to your violation of any of these Terms and Conditions or use of the Web Site, and any expenses incurred in connection therewith, including, without limitation, reasonable attorneys' fees.
(e) Limitation of Damages.
In no event shall vanVendi or any third party be liable to you or any other person for consequential, incidental, special, exemplary, punitive, or indirect damages arising under or in any way related to the Web Site, including any part thereof, or these Terms and Conditions or any other consent (including lost profits, loss of business or data, business interruption, trading losses, and damages that result from inaccuracy of the information or inconvenience, delay, or loss of the use of the service) even if vanVendi or any third party has been advised of the possibility of such damages or losses. vanVendi' total liability for damages shall be limited to the total amount you paid to vanVendi for your Package under these Terms and Conditions.

7. Communication
By using the vanVendi Service, you agree to receive, via email or otherwise, status notifications, a monthly newsletter, and carefully selected special offers and promotions for certain products and services that we believe could be of value to our Clients. This is essential to maintaining the low-cost of our services. You are free to unsubscribe from any newsletters we send to you at any time. vanVendi may or may not use a third party to send email or otherwise contact you, however, your personal identifying information will never be disclosed or shared with another party in a manner inconsistent with vanVendi' privacy policy.

8. Miscellaneous Provisions
(a) Entire Agreement.
These Terms and Conditions set forth the entire agreement and understanding of the parties with respect to the subject matter hereof and supersede any and all prior oral or written agreements and understandings, and any and all contemporaneous oral agreements and understandings (excluding any associated agreements required by vanVendi (e.g., privacy policy) as a condition precedent to Clients' use of the Service), between you and vanVendi regarding the subject matter of these Terms and Conditions.
(b) Amendment.
No modification, amendment, or waiver of these Terms and Conditions or any part hereof shall be binding unless evidenced in writing and signed by vanVendi.
(c) Severability.
If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such provision shall be deemed null and void, but the remaining provisions shall continue in full force without being impaired or invalidated in any way.
(d) Mutual Participation.
The language of these Terms and Conditions shall be deemed to be the language mutually chosen by the parties and no rule of strict construction shall be applied against or in favor of either party hereto.
(e) Headings.
The section headings and other headings contained herein shall not affect the meaning or interpretation of these Terms and Conditions.
(f) Assignment.
You may not assign or otherwise transfer (by operation of law or otherwise) any of your rights or duties hereunder unless vanVendi agrees in writing after receiving prior written notice. Any attempted assignment or other transfer without the requisite consent shall be null and void ab initio. vanVendi may assign or otherwise transfer any of its rights or the performance of any of its duties without your consent.
(g) Waiver.
The waiver by vanVendi of a breach or a violation of any provision of these Terms and Conditions shall not operate as or be construed to be a waiver of any subsequent breach or violation of any provision of these Terms and Conditions.
(h) Independent Contractors.
The parties and their respective personnel are and shall be independent contractors and neither party by virtue of these Terms and Conditions shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
(i) Force Majeure.
If the performance of any part of these Terms and Conditions by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that such performance is prevented, hindered or delayed by such causes.
(j) Capacity.
The parties hereby warrant and represent that they have all necessary rights and authority to execute these Terms and Conditions and to fulfill their obligations hereunder.
(k) Further Assurances.
The parties hereto shall, at their own cost and expenses, execute and deliver such other documents, artwork, programming code and instruments and shall take such other action as may reasonably be required or appropriate to evidence or carry out the intent and purposes of these Terms and Conditions.