Corbec Media Terms and Conditions
CONDITIONS OF USE
Corbec Media will provide its services to you, which are subject to the conditions stated below in this document. Every time you visit this website, use its services or make a purchase, you accept the conditions detailed in this document.
Each time you send Corbec Media or any of its representatives, you are communicating with us. You hereby consent to receive communications from us. If you subscribe to the news on our website, you will receive regular emails from us. We will continue to communicate with you by posting news and notices on our website and by sending you emails. You also agree that all notices, disclosures, agreements, and other communications we provide to you electronically meet the legal requirements that such communications be in writing.
PRIVACY AND PROTECTION OF CLIENT’S PERSONAL INFORMATION
See the privacy statement for disclosures relating to the collection and use of your information.
USE OF MATERIALS FURNISHED BY CLIENT
Corbec Media, its owners, and employees from and against all allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs, and expenses (including without limitation attorneys’ fees and expenses) that arise out of, relate to Corbec Media’s use of materials furnished by Client (including but not limited to, logos, slogans, trademarks, written content, photographs, video, music, and fonts). Information or data obtained by us from you to substantiate claims made in marketing deliverables shall also be deemed to be “materials furnished by you.” Such claims may include claims for invasion of privacy, defamation, patent, trademark copyright, or other intellectual property claims.
Additionally, the Client agrees to indemnify and hold harmless Corbec Media, its owners, and employees against any. All allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs, and expenses (including without limitation attorneys’ fees and costs) which arise out of, relate to business ideas, innovations, concepts, websites, web-based applications, etc., that the Client has generated and has asked Corbec Media to develop or implement. For example, suppose you have an idea for a web application. In that case, we develop it, and it is determined that the application’s functionality violates another company’s patent. You will indemnify Corbec Media for any claims instituted by the third party. Corbec Media does not take responsibility for determining whether your business ideas, business plans, concepts, or innovations may interfere with another party’s rights or are otherwise in compliance with applicable law. You warrant that any business ideas, business plans, concepts, or innovations you have presented to Corbec Media and asked us to create deliverables are compliant with applicable federal, state, and local laws, rules, and regulations.
CORBEC MEDIA’S WEBSITE
All content available on this website is the copyrighted work of Corbec Media. Any reproduction or redistribution of this content, in whole or in part, without the written permission of Corbec Media is expressly prohibited by law. The use of such content may result in civil and criminal penalties. All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, and other content (collectively “Proprietary Material”), as well as the coordination, selection, arrangement and enhancement of such Proprietary Material, that users see or read is the property of Corbec Media. This Proprietary Material is protected in all forms, media, and technologies now known or hereinafter developed. Users may not copy, download, use redesign, reconfigure, or retransmit anything from the website without Corbec Media’s prior express written permission.
Corbec Media makes no representations about the suitability of the information or content on our website for any purpose. All such materials are provided “as is” without a warranty of any kind. Corbec Media disclaims all warranties and conditions regarding its website, including all warranties and conditions of merchantability, whether express, implied, or statutory, fitness for a particular purpose, title, and non-infringement. In no event shall Corbec Media be liable for any special, indirect, or consequential damages or any damages whatsoever resulting from loss of use, data, or profits, whether in an action of contract, negligence, or other tortious act, arising out of or in connection with the help of information available from our website.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Corbec Media website, you must agree to not use any of its content for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the website in any manner that could damage, disable, overburden, or impair the website, its servers, or interfere with any other party’s use and enjoyment of the website. You may not attempt to gain unauthorized access to the website or any of Corbec Media’s accounts, computer systems, or networks that may be accessed through hacking, password mining, or any other means.
Corbec Media may terminate your access to the website at any time and for any reason with or without notice to you. Corbec Media shall not be liable to you for any loss associated with the termination of such access.
LINKS TO THIRD PARTY SITES
MODIFICATIONS TO THE WEBSITE
Corbec Media reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently our website or any content or information on the website with or without notice to the user. Corbec Media shall not be liable to the user or any third party for any modification or discontinuance of the website.
COMMENTS, REVIEWS, AND EMAILS
Visitors may post content as long as it is not obscene, illegal, defamatory, threatening, infringing of intellectual property rights, invasive privacy, or harmful in any other way to third parties. Content has to be free of software viruses, political campaigns, and commercial solicitation. We reserve all rights (but not the obligation) to remove and/or edit such content. When you post your content, you grant [name] non-exclusive, royalty-free and irrevocable right to use, reproduce, publish, modify such content throughout the world in any media.
Failure by Corbec Media to enforce any provision(s) of these Terms shall not be construed as a waiver of any provision or right.
Suppose any provision of these Terms is found to be invalid or unenforceable. In that case, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms shall remain in full force and effect.
CORBEC MEDIA’S CLIENT TERMS AND CONDITIONS
For purposes of these Corbec Media Client Terms and Conditions (“Terms”), “Corbec Media”, “we” or “our” refers to Corbec Media, LLC, and “Client,” “you” or “your” refers to your company. Please read these Terms carefully as they, together with your signed Proposal (hereinafter “Service Agreement”) and any Change Orders, constitute your entire agreement with Corbec Media (hereinafter the “Agreement”).
By engaging Corbec Media to provide services to you, you agree to be legally bound by these Terms. We reserve the right to change or modify these Terms at any time and in its sole discretion by posting the amended Terms on our website at http://www.corbecmedia/terms/. Unless otherwise specified, any changes or modifications will be effective immediately upon posting on the website, and your continued use of Corbec Media’s services after such time will constitute your acceptance of such changes or modifications.
Point of Contact: Corbec Media will need at least one point of contact from you for day-to-day communications. This person will be responsible for:
- Gathering your company’s data, files, or other content required for Corbec Media to complete its deliverables.
- Attending conference calls or meetings at key intervals with Corbec Media.
- Coordinating internal communications with your team regarding the status of the project.
They will receive all communications from your contact person(s) at Corbec Media. Unless another individual is expressly designated in our agreement as your company’s point of contact to whom Corbec Media should direct all communications, there will be a legal presumption that any person holding themselves out as representing your company’s interests relative to the services and/or having day to day contact with Corbec Media in its performance of the services, is your company’s point of contact and is legally authorized to make decisions on your company’s behalf. As such, Corbec Media will move forward with work authorized by this point of contact, and the Client shall be responsible for payment for such services.
Deadlines: The Client is responsible for meeting time deadline(s) associated with Corbec Media’s performance of the deliverables, which may include but are not limited to deadlines for providing content and/or approvals. Corbec Media is not responsible for late deliverables resulting from the Client’s failure to meet time deadlines specified by Corbec Media. The client also understands that if it makes changes in scope, requests additional deliverables, or requires revisions of work delivered beyond what was outlined in the Service Agreement during the course of a project, this will affect the deadlines set initially at the outset of the project, and Corbec Media will not be considered to have failed to meet the deadline outlined in the original agreement for that project.
Content: Unless otherwise specifically stated as a part of the deliverables in the Service Agreement, the Client is responsible for providing all content necessary for Corbec Media’s performance of the deliverables, including but not limited to written copy, logos, photographs, video, music, fonts and/or other materials. The pricing reflected in your agreement with Corbec Media assumes that content will be readily provided to Corbec Media in an acceptable format(s) and that Corbec Media will not be required to pull content from another Client’s website(s), follow up with prior vendors of Client, find content from third party sources or otherwise spend time obtaining, aggregating or organizing content on Client’s behalf. In situations where Corbec Media must locate, aggregate, organize or create content on the Client’s behalf, The Client will be charged for such additional time at a rate of $50/hour. Logos, graphics, and/or photographic images should be supplied in an acceptable electronic format, such as high-resolution jpeg. Photo retouching, manipulation, or illustration is billed at the rate of $75 per hour. This pricing may vary based upon the original source material and the required output.
If a written copy is not addressed in the Service Agreement and the Client requires Corbec Media to write copy for inclusion in the deliverables, the cost is $150 per hour. In the case where the Client is responsible for but has failed to provide written content to Corbec Media to perform the deliverables under this agreement, Corbec Media must obtain written content from other sources. Corbec Media disclaims any warranties over the accuracy and reliability of any such information. Client warrants and agrees that it shall be solely responsible for reviewing the accuracy of all written content provided by Corbec Media in connection with its provision of the deliverables before publication. The Client must ensure that the content is factually accurate and not false or misleading.
Where Client is providing content, Client shall be responsible for obtaining all required licenses, permissions, and/or approvals for the use of such content. Client warrants and agrees that where it has provided content to Corbec Media, it has the full legal authority to use such content and/or has obtained the required licenses, permissions, and/or approvals and warrants that such content is not in violation of any third party’s copyright(s), trade or service marks or other intellectual property rights. Furthermore, the Client assumes responsibility for the accuracy, spelling, and truthfulness of all content it provides to Corbec Media. All client-provided content, including all pre-existing trademarks and copyright material, shall remain the sole property of the Client. The Client shall be the sole owner of all rights in connection in addition to that. The Client hereby grants Corbec Media a nonexclusive, nontransferable license to use, reproduce, and modify the Client Content solely in connection with Corbec Media’s performance of the services and the production of the deliverables.
Corbec Media has agreed to develop a website, video, Web, mobile or social media application, email template, etc. Such deliverables may require the purchase or license of fonts, photographs, background music, video clips, APIs, plug-ins, or other items from a third party. The cost of the same is NOT included in the pricing outlined in your Service Agreement with Corbec Media. A client may either purchase or license those items independently, or Corbec Media may purchase/license them on the Client’s behalf. If the Client has not specified that it would like to license these items on their own, Corbec Media will assume that it should license them and invoice the client. Third-party items that Client (or Corbec Media on behalf of Client) licenses from a third party to be placed deliverables created by Corbec Media for Client will not be owned by Client. The Client should not use such content in other items, such as print materials or promotional items, or otherwise use such content inconsistent with the third party’s terms of licensing such use. Upon request, Corbec Media will provide the Client with a listing of third-party content used in the deliverables and the source(s) of such content to review the licensing requirements associated with that content.
Design – What is Included/Not Included: Unless otherwise explicitly stated as a part of the deliverables in your Service Agreement with Corbec Media, if the Client has engaged Corbec Media to design a website, web application, mobile website, email template, or the like, Corbec Media will provide two home page designs for Client to choose from. Additional designs can be provided at an additional cost. In the case of web and/or mobile websites, once the Client has selected the design it would like to use as the home page, one round of revisions will be permitted to that design. Once those revisions have been made, Corbec Media will design one subpage template that will follow the same look and feel of the home page. The client will be permitted one round of revisions to that subpage template. Please note that the same subpage template will be used for all of the website’s other pages. Additional revisions beyond those set forth above or additional template designs will be billed to the Client at the rate of $150/hour. Also, please note that the design of the layout/placement of the content in each subpage of a website is not included in the project’s cost.
Scope change: If the Client requests additional work not included in the original scope of services, there will be additional charges. Scope changes include but are not limited to additional design comps, additional rounds of revision, additional copyrighting/edits, additional video edits, changes to website/web application functionality, the addition of plug-ins, or other technical capabilities. Changes may be made via verbal communications between Client and Corbec Media or in a Change Order form. If no amount has been specified, the Client will be billed at the rate of $150/hour.
Third-party providers: The client will be billed for all third-party costs, including but not limited to domain name purchases and renewals, website hosting fees, ESP (email service provider platforms) such as Mailchimp or ConstantContact, CMS (content management system) licenses such as WordPress or Joomla, social media advertising platforms and telephone and SMS messaging platforms. Some providers charge based on the volume of the number of emails sends, posts, ads placed, calls made or messages sent. The Client will be charged for any overages caused by the Client’s exceeding a specified number of sends, posts, ads, etc.
Third-Party Cancellation fees: Where Corbec Media has purchased licenses from third parties on behalf of Client and Client seeks to terminate the arrangement before the expiration of the term required for same, Client shall be responsible for all applicable cancellation fees required from those third parties and also shall be accountable for Corbec Media’s time spent having to process such cancellations at the rate of $50/hour.
Branding Clients: If the Client has engaged Corbec Media to assist with business name selection, logo creation, or slogan creation, please be advised that Corbec Media cannot search trademark or other databases to ensure that the name or mark is not already being used, is/is not available to be trademarked or otherwise provide advice on whether the contemplated name or mark is legally known as Corbec Media cannot provide legal advice to its clients. Corbec Media encourages the Client to retain an attorney to assist in this process.
Search Engine Optimization Clients: The client acknowledges the following concerning SEO services from Corbec Media.com:
Corbec Media has no control over search engines’ policies and ranking algorithms regarding the type of websites and/or content they accept now or in the future. A Client’s website may decline in rankings or become deindexed from any search engine or directory at any time at the sole discretion of the search engine or directory.
Due to the competitiveness of some keywords/phrases, ongoing algorithm changes, and other competitive factors, Corbec Media does not guarantee specific rankings or search engine results page positions for any particular keyword, phrase, or search term.
- Search engines have been known to rank pages over time. Therefore we cannot guarantee the rankings and traffic of new websites (or pages) to improve in “x” amount of time.
- Engaging in link schemes, link exchanges, or buying links can negatively impact your website’s rankings. Corbec Medi does not assume liability for the Client’s choice to link to or obtain a link from any particular website without prior consultation, nor does Corbec Media assume liability for ranking, traffic, indexing issues related to such penalties.
- Corbec Media’s SEO process takes at least 2-3 months to show some significant effect. During this time, the Client’s website is analyzed and optimized within the timelines and resources specified in the agreement. Achieving stable ranking improvements can take up to 6-12 months.
- Corbec Media is not responsible for changes made to the website by other parties that adversely affect the website’s visibility in search engine results.
- Corbec Media makes no guarantee/warranty of project timelines or added expenses if SEO work is destroyed either wholly or in parts, either knowingly or unknowingly by any party other than Corbec Media or without the prior consultation of Corbec Media.
- Corbec Media is not responsible for the Client or any of its affiliates overwriting SEO work. The Client will be charged an additional fee for re-constructing, re-optimizing content/web pages, based on the hourly rate of $150 per hour.
The client acknowledges the following concerning media/advertising services from Corbec Media:
- Corbec Media accepts no responsibility for policies of advertising networks, third-party search engines, directories, or other websites that Corbec Media may submit to concerning the classification or type of content it accepts, whether now or in the future. The Client’s website or content may be excluded or banned from any third-party resource at any time if their policies are not followed. The Client agrees not to hold Corbec Media responsible for any liability or actions taken by third-party resources under this agreement.
- Corbec Media does not guarantee a position, consistent positioning, or specific placement for any particular paid search keyword, phrase, or search term.
- The Client acknowledges that Corbec Media’s past performance does not indicate any future results the client may experience.
- The Client acknowledges that advertising campaigns may be subject to the individual advertising network’s policies and procedures. Changes to these policies may require added resources employed by Corbec Media to adhere to these changes. The Client may be charged an additional fee for making these updates, based on the hourly rate of $150 per hour.
- The Client acknowledges that any advertising networks, search engines, directories, or other resources may block, prevent or otherwise stop accepting submissions for an indefinite period.
- The Client acknowledges that advertising networks may drop listings from their database for no apparent or predictable reason. Corbec Media shall re-submit resources to the advertising network based on the current policies of the search engine in question.
- Corbec Media will endeavor to make every effort to keep the Client informed of any changes that Corbec Media is made aware of that may impact any of the Paid Media Campaign and Strategy and the execution thereof under this agreement.
- The Client acknowledges that Corbec Media cannot guarantee Client’s advertising’s exact placement, availability, or availability related to the funds in the Client’s account.
Development of creative assets in support of Paid Media campaigns will be explicitly outlined as a part of the deliverables in the SOW with Corbec Media.
Any forecasting metrics provided to the Client are estimates based on industry knowledge and advertising network projected forecasts.
Corbec Media cannot be held accountable for the exact delivery, inventory, and/or performance of ad campaigns projected due to third-party forecasts.
When applicable, Third Party Ad Server tags will be implemented to be functional in all aspects. Corbec Media cannot be held to reporting accuracy without installing appropriate tagging on all digital assets.
When reporting is delivered by Corbec Media, data is provided directly based on the ad network’s currently available data. If reporting is delivered 30 days after the campaign has ended, all data may not have time to be collected, and exact accuracy can be affected.
Pre-payment for media/liability for payment. Where Client has engaged Corbec Media to procure media or advertising on its behalf (e.g., including but not limited to print, radio, television, digital), and Client is not paying for the media/advertising directly to the advertising/media vendor, Corbec Media must receive payment for the media/advertising before the media/advertising running. If Corbec Media does not receive payment for both the media budget and the media management fees, it may, at its discretion, choose to cancel or pause the media until payment is received. Suppose Corbec Meia has not received payment for the media/advertising but allows the media/advertising to run. In that case, the Client will remain responsible to Corbec Media and/or the advertising/media vendor for payment of same, notwithstanding the existence of any insertion order or contract between Corbec Media and the advertising/media vendor. Suppose an advertising/media vendor seeks compensation from Corbec Media for media that the Client has not paid Corbec Media. In that case, the Client agrees that it will execute any documents requested by Corbec Media and/or the media/advertising vendor to assume liability for payment.
- Early termination of media spend. Suppose Client seeks to cancel media earlier than the date outlined in any media contract. In that case, Corbec Media will use its best efforts to cancel the same without penalty to the Client. However, the Client expressly understands and agrees that certain media/advertising vendors will not allow cancellations and/or charge a cancellation fee or “short rate” for the same. The client shall be responsible for those amounts to the extent they have not already been paid to Corbec Media.
- Effect of termination of our agreement for media placement. If the Client terminates a Service Agreement for media placement, Corbec Media will cancel all pending media unless otherwise agreed to in writing by the parties. Suppose Client is indebted to Corbec Media for Corbec Media’s services. In that case, Corbec Media reserves the right to offset that debt with any payments Client has prepaid to Corbec Media for media. Any amounts left over after full payment of Corbec Media’s outstanding fees (including time spent canceling media) and fees still due to media/advertising vendors will not be refunded but may instead be used by the Client for additional Corbec Media’s services and/or additional media placement.
Video clients: Corbec Media may, but is not required to, retain or store video footage on behalf of Client unless expressly agreed to in the Service Agreement. If a video shoot is scheduled to cancel, the Client should provide at least 24 hours’ notice. Shoots canceled with less than 24 hours notice will be subject to a day’s production fee.
PR clients: While Corbec Media uses its best efforts to get a Client’s press release(s) published, the Client acknowledges that the decision to accept a story remains with the publishing source, and Corbec Media cannot, therefore, guarantee that a story or press release will be published or when it will be published.
- Client Content: Client Content is written or visual content that the Client provides to Corbec Media for its performance of the deliverables. Client Content, including all pre-existing trademarks and copyright material, shall remain the sole property of Client, and Client shall be the sole owner of all rights in connection in addition to that. The Client hereby grants Corbec Media a nonexclusive, nontransferable license to use, reproduce, and modify the Client Content solely regarding Corbec Media’s performance of the services and the production of the deliverables.
- Third-Party Materials: The Client shall not own any third-party licensed commercial components or materials embedded in the Client’s deliverables. The owners of these components shall retain ownership of these items in accordance with their Terms and Conditions, licensing agreements, or other applicable agreements. Upon request, Corbec Media shall provide the Client with a listing of third-party components used in the deliverables and the source(s) of such components.
- Designs/Written Copy: Upon completion of the deliverables and conditioned upon full payment of all fees, costs, and out-of-pocket expenses due, Corbec Media shall assign to Client all ownership rights, including any copyrights, in any artwork, designs, or written copy Corbec Media has created for Client as a part of its deliverables. At the Client’s request and subject to a charge of $150/hour for assembling and preparing the materials for delivery, Corbe Media will provide a PDF or another file format of any design created for Client and/or HTML files.
- Websites, web, and mobile applications: Upon completion of the deliverables and conditioned upon full payment of all fees, costs, and out-of-pocket expenses due, Corbec Media shall assign to Client all ownership rights to the front end design of any website, web, or mobile applications; however, Corbec Media will retain ownership of all custom back-end programming. The Client, however, will be given a worldwide, royalty-free, non-exclusive, transferable, and perpetual right and license to the programming, including, but not limited to, the right to modify, amend, and change the programming and create derivative works.
- Changing Hosts: Should Client wish to move its website/web application to another server/host from the original hosting source, Client will be provided access to port its website over; however, Client should be advised that websites may not port over to specific servers and/or the website may lose certain functionalities on particular servers. Corbec Media is not responsible for the same and will still be responsible for the charge for packaging the website/web application. Should the website require additional programming to port to another server/host, or should Corbec Media be needed to engage in extensive consulting to assist in the migration, Corbec Media will bill the Client for the same at the rate of $150 per hour. Should Client require any of the above to be placed on a disc (as opposed to delivered electronically), Client shall also be responsible for any applicable sales tax.
Term and Termination: Unless otherwise specified in the Service Agreement, the agreement between the Client and Corbec Media shall be effective as of the date that Client executes the document and shall continue in effect for the term. Once the term has been completed, our services will continue on a month-to-month basis and may be terminated upon thirty (30) days’ notice. If no term is specified in our agreement, the term shall be the latter of complete payment of the amounts due under that agreement or until the contracted services have been completed. Our agreement for services may only be terminated before the end of a term as follows:
- Breach. Either party may terminate this agreement in the event of a material breach by the other party if such breach continues uncured for thirty (30) calendar days after written notice of the breach.
- In its sole discretion, either party may terminate this agreement if the other party files for bankruptcy or is subject to involuntary bankruptcy.
- Effect of Termination on Payment. In the event of Client’s termination of this agreement and/or any claimed breach by Corbec Media, Client shall pay Corbec Media for all previously issued unpaid invoices, out-of-pocket expenses incurred by Corbec Media, as well as for services rendered up to the date of termination (such date being thirty (30) days after receipt of notification of the breach) that may or may not yet have been invoiced. If the payment schedule in our agreement for services is project-based, Corbec Media will determine the number of hours of work performed b toward completing the project beyond what has already been paid for by the Client. It will invoice the Client at the rate of $150/hour for those hours. Corbec Media shall provide the Client with an invoice within thirty (30) days of the effective date of the termination. The Client shall pay the invoice within fourteen (14) days of receipt. Such payment shall not affect Corbec Media’s right to pursue other potential damages relating to the Client’s termination.
- Survival of Provisions. Notwithstanding the foregoing, the portions of this agreement relating to Taxes, Indemnity, Warranties, Limitation of Liability, Governing Law and Venue, Force Majeure, Waiver, and Counterparts shall survive termination of this agreement.
- Taxes: The client will pay, reimburse, and/or hold Corbec Media harmless for all sales, use, transfer, privilege, tariffs, excise, and all other taxes and duties (other than as related to Corbec Media’s income), whether international, national, state, or local (however designated), which are levied or imposed because of the performance of the deliverables.
Payment: Unless otherwise outlined, payment will be due on the due date reflected on the invoice. Unless otherwise outlined, monthly costs will be billed on the first day of the month for that month’s services. Billing for media spends will be on the first of the month in the month before when the spending is to occur. Suppose the Client has terminated a Service Agreement involving recurring monthly program costs or a marketing retainer. In that case, the Client will be billed for the entire month of services should the termination date occur after the first of the month. The client will not be refunded for pre-paid hosting fees.
All payments made to Corbec Media shall be in U.S. Dollars in the form of a company check, cashier’s check, or electronic wire transfer. Payments made by credit card shall be subject to a 3% processing fee. Payments not made within 60 days of the invoice date may be subject to late charges equal to the lesser of i) one and one-half percent (1.5%) per month of the overdue amount; or ii) the maximum amount permitted under applicable law. Suppose Client fails to timely pay the amounts due during the development or delivery of the deliverables according to this paragraph and/or the payment terms outlined in the Services Agreement. In that case, Corbec Media retains the right to stop work and/or suspend services after five (5) days of written notice (email communication sufficient) until payment is made. Further, Corbec Media shall retain full ownership over the deliverables (whether completed or not) until full payment is received.
Indemnity: The client agrees to indemnify and hold harmless Corbec Media for the following:
- Limitation of Liability: IN NO EVENT SHALL CORBEC MEDIA BE LIABLE TO CLIENT FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, OR LOSSES AS A RESULT OF DISCLOSURE OF USER CONTENT OR OTHER DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH CORBEC MEDIA’S PRODUCTS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CORBEC MEDIA EXCEED ANY COMPENSATION PAID BY YOU TO CORBEC MEDIA FOR ITS PRODUCTS OR SERVICES.
- Disclaimer of Warranty: THE PRODUCTS AND SERVICES ARE PROVIDED on an “AS IS” and “AS AVAILABLE” BASIS AND CORBEC MEDIA EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Corbec Media strives to exceed Client expectations; however, since various external forces can influence marketing results outside of our control, Corbec Media cannot guarantee specific results or return on investment. Notwithstanding the foregoing, if the deliverables to be provided to Client under the Service Agreement were custom web application development, Corbec Media warrants that any programming code developed by Corbec Media as part of its deliverables shall be free of ‘bugs’ for 90 days after the go-live date. For purposes of this paragraph, ‘bugs’ are defined as programming errors that make the application unable to function in a manner specified by the Service Agreement and do not include upgrades or enhancements to the functionality of graphic design changes. Further, Corbec Media shall have no responsibility to fix any ‘bugs’ that arise after the go-live date where: 1) the Client or Client’s designees have gone into the back-end code and made changes, or 2) a third party component that has been made a part of the deliverables has been updated or changed by the third party component owner after the go-live date. By way of example, if a web application contains a third party content management system, such as Umbraco, Drupal, Joomla, or WordPress, and changes to that system result in the inability of the Corbec Media code to appropriately interact with the system, Corbec Media shall not be responsible for fixing same. The Client may request additional programming work under a separate contract at the then-current billing rates. Unless otherwise explicitly noted in the Service Agreement, Corbec Media does not warrant that any deliverables, including but not limited to websites, created for the Client are accessible, Section 508 or ADA-compliant. The development of an accessible website must be expressly agreed to in the Service Agreement.
- Governing Law/Venue: This Agreement shall be governed by and construed in accordance with the internal laws of the State of Louisiana and not the principles of conflicts of law thereof. The Parties agree that the venue for any action arising from this agreement will be New Orleans, Louisiana.
- Miscellaneous: If any portion of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity or enforceability of any remaining provisions or the provisions in the Services Agreement. The Service Agreement entered into between the parties and applicable change orders, together with these Terms, constitutes the entire agreement between the parties as it pertains to the matters in that Service Agreement and supersedes any oral discussions, written communications, or draft agreements that occurred before execution of that Service Agreement. Notwithstanding the preceding, to the extent that Corbec Media and Client have executed more than one Service Agreement throughout their relationship, each of those Service Agreements, along with their corresponding Terms, shall be treated separately and remain in full force and effect according to their terms.
Fair Use Policy
At Corbec Media, we need all of our customers to gain access to the best marketing and technical service support available through all of our service plans and products.
Different practices might be considered in deciding Legitimate Use and Corbec Media maintains the right and authority to take any unlawful, restricted, strange, or irregular activity into consideration in making its decision. Corbec Media may, at its choice, end its relationship with you, our Client.
The materials on the Corbec Media website are provided “as is”. Corbec Media does not guarantee or provide warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, or non-infringement of intellectual property or other violation of rights. Corbec Media does not warrant or make any representations concerning the accuracy, likely results, or reliability of using the materials on its website or otherwise relating to such materials or any website linked to this website.
You also acknowledge that applicable (state, national, or international) law may require your website to have accessibility functionality. We do not provide website accessibility as a service and do not guarantee 100% website accessibility. We are not responsible for your business complying with any applicable website accessibility laws.
Any dispute relating in any way to your visit to this website or to products you purchase from us shall be arbitrated by state or federal court of the United States, and you consent to the exclusive jurisdiction and venue of such courts.
The cost of third-party tools required for completing tasks requested by the client is not included in the service’s services, plans, or product. Additional charges for third-party tools will be covered by any of our clients who agree to purchase these tools.
Ownership, Trademarks & Provided Assets
You own all graphics, websites, funnels, digital assets, and files we create during any month that you have paid in full. You will provide all content/copy to be used in our website development, automation, and design. You agree that any materials provided are proofed and approved to be used in your designs and development 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. You represent to Corbec Media that all materials provided do not infringe on the intellectual property rights of third parties.
You agree to indemnify, defend, and hold harmless Corbec Media 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:
- Any breach of the terms of this agreement.
- Your use of the services provided under the Corbec Media website; and any infringement of third-party intellectual property rights or other proprietary rights.
Fees, Refunds, and No-risk Purchase Guarantee
You agree to pay the fees, in such amount and for such billing frequency as specified during our agreement, in full before any obligation of Corbec Media to perform. You further agree that, upon registering for the services through the website and support system, you authorize Corbec Media to charge your method of payment (e.g., credit card) for the fee on each anniversary of your registration date, based upon your billing frequency (e.g., monthly, quarterly, annually, one-time). Payment of the fees shall be in such amounts and at such times as set forth by Corbec Media through information provided to you and as authorized through the sign-up and registration process. Your account and access to the services offered via the website and support system may be suspended in the event of non-payment of applicable fees. You represent and warrant to Corbec Media 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 billing address or credit card expiration date) that may occur.
While out of contract and in this month-to-month billing cycle, Corbec Media may change its fees by posting the changes on the website with five days prior notice, but with no advance notice required for temporary promotions or reductions in fees.
You agree that the service does not make any guarantees about the results of having used the service, taking any action, whether recommended on this website or by the service or not. The service provides educational and informational resources intended to help users of this website succeed in their online business and otherwise. You nevertheless recognize that your ultimate success or failure will result from your efforts, particular situation, and innumerable other circumstances beyond the service’s control and/or knowledge. You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others are no guarantee that you or any other person or entity will receive similar results.
By visiting this website, you agree that the laws of the United States and the State of Louisiana, without regard to principles of conflict of laws, will govern these terms and conditions, or any dispute of any sort that might come between Corbec Media, its staff, contractors, and you, or its business partners and associates.