These Terms of Service (this “Agreement” “Terms”) govern your access and use of our graphic design platform, including any services, made available through www.twmedia.co.uk (this “Site”), the sister company Roaring Lion Ltd (“theroaringlion.co.uk”), and the subscription or other Services we provide (the “Services”). Throughout the Site, the term TW Media equally refers to TW Media Ltd, True Worship Media Ltd, Roaring Lion Ltd and all subsidiary companies under its umbrella. The terms “we”, “us” and “our” refer to TW Media or Roaring Lion interchangeably, and other content and resource providers and the terms “you”, “yours”, “client”, and “user” refer to you as the customer. The term “Party” may refer to you or TW Media and the term “Parties” refers to both you and TW Media respectfully.
TW Media offers this website to you, including all tools, information, and Services available from this Site, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, customers, vendors, merchants, and/or contributors of content, products and services. Therefore, you are encouraged to please read these terms of conditions carefully.
This website is controlled and operated by TW Media within our offices in the United Kingdom. TW Media make no representation that materials and content in the Site are appropriate, applicable or available for use in other jurisdictions, and access to them from countries where its contents are illegal is prohibited. Users who choose to access this Site from territories outside the United Kingdom are responsible for compliance with all applicable laws.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
By visiting the twmediagroup.co.uk website, accessing or using any part of the Site or our Services in any manner, by purchasing our products or signing up as a client of TW Media, you engage in our “Service” and you acknowledge that you have read, understood and agree to be legally bound by this Agreement including those additional terms, conditions and policies referenced herein and/or available by hyperlink. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. If you do not agree with ALL of these terms and conditions, then you are expressly prohibited from using this Site and must immediately discontinue using this Site.
You can review the most current version of the Terms of Service at any time at this page.TW Media may add new features or tools to the current Service which will be subject to the Terms of Service. TW Media reserves the right to update, modify or replace any part of these Terms of Service by posting updates and/or changes to our website at any time. All updates are effective upon posting. Your continued access and/or use of the Site or Service following the posting of any changes to these Terms of Service constitutes your acceptance of those alterations and updates in its entirety. Therefore, you are encouraged to please visit this page periodically to review these conditions as it is your sole responsibility to stay informed of any changes.
You agree not to assign or otherwise transfer this Agreement or any of your rights or obligations hereunder, without our prior written consent. We may freely assign this Agreement, including, without limitation, in connection with a merger, acquisition, reorganisation, bankruptcy, or sale of some or all of our assets or stock.
For purposes of this Agreement, the term “Confidential Information” means non-public or proprietary information, including, without limitation, information relating to current or future business, products and Services, images, design details, research, specifications and marketing plans
All communication between you and any TW Media representative are held in confidentiality. We may at times record the instructions you provide to ensure that there is complete understanding between the Parties. Your private information or project information will not be disclosed to unauthorised users or third parties, except as approved or directed in writing by you. TW Media will use your Confidential Information for no purpose other than for the Services.
We will limit access to your Confidential Information to only those directors, employees, representatives, officers, contractors and agents who are involved in providing Services to you and we will be responsible to you for any breach of this provision by these above mentioned persons connected with TW Media.
In a similar vein, you agree to be fully responsible to hold in complete confidence any of our Confidential Information we disclose to you. You understand that you are not permitted to disclose such Confidential Information to any third party without our express approval directed to you in writing, and will use our Confidential Information for no purpose, except as permitted by this Agreement. You agree to limit access to our Confidential Information to only those directors, employees, contractors, officers, representative and agents to whom it is necessary to disclose our Confidential Information. You will be responsible to TW Media for any breach of this provision by your directors, employees, contractors, officers, representative and agents, or any such persons connected or associated with you.
Notwithstanding anything to the contrary in this Agreement, the following is not considered Confidential Information:
a) Information that was in the public domain at the time of its disclosure or has entered the public domain without breach of this Agreement;
b) Information that was already in the rightful possession of a party at the time of disclosure;
c) Information that is independently developed by a party without breaching this Agreement; or
d) Information that becomes known to a party, without restriction, from a third party source not directly or indirectly involving a breach of this Agreement.
The confidentiality obligations under this Agreement will survive for five (10) years after the termination of this Agreement.
By using the Site, and thus agreeing to these Terms of Service, you represent and warrant that you:
b) Are not a minor in the jurisdiction in which you reside or conduct business with us;
c) If you are a minor, that you have received authorisation from a parent, guardian, teacher or legally approved appropriate adult to use this Site;
d) Are at the age of majority in the jurisdiction in which you reside or conduct business with us and have given your consent to allow your minor dependents to use this Site;
e) Will provide accurate, true, current, and complete registration information and other information that will be updated as necessary;
f) Will not access the Site through automated or non-human means, whether through a script, bot, or otherwise;
g) Will not transmit or upload any virus, worms or any malicious code or other code of a destructive nature or that will affect the operation or functionality of the Service or of any related website, other websites, or the Internet;
h) Will not use our Service, Site, content or products for any illegal, unauthorised, obscene, immoral or offensive purposes;
i) Will not violate any laws, rules, regulations or local ordinances in your jurisdiction and other jurisdictions (including but not limited to copyright laws);
j) Will not solicit others to perform or participate in any illegal acts;
k) Will not violate or infringe upon TW Media’s intellectual property rights or the intellectual property rights of others;
l) Will not harass, intimidate, troll, insult, defame, abuse, harm, slander, disparage, or discriminate based on religion, faith-values, ethnicity, race, national origin, ancestry, disability, gender, age or sexual orientation or use hostility or violence, incite, promote or support such discrimination in collaboration with others;
m) Will not collect or track the personal information of others;
n) Will not spam, pharm, phish, pretext, crawl, spider, or scrape;
o) Will not interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet;
p) Are responsible for obtaining and maintaining all telecommunications, broadband and computer equipment and Services needed to access and use the Services and for paying all charges related thereto; and
q) Accept full responsibility for any and all activities that occur on your account.
We reserve the right to terminate your use of the Service or any related website if we discover that you have:
a) Violated any of the prohibited uses;
b) Are not in alignment with our model;
c) Violate our core values;
d) Sharing usernames or passwords; or
e) Are abusing our Services or team in any way, including using our Services for illegal purpose.
If you breach or violate any of the Terms or submit any information that is inaccurate, untrue, incomplete, or not current, we reserve the right to suspend or immediately terminate your account and your current or future use of the Service or any related website (or any portion therein).
Registration with the Site may become an essential requirement. You are solely responsible for the confidentiality of your password, identification information, and all use of your account and password. You must notify us immediately of any unauthorised use of your account and provide a valid email address for each person that you authorise to use your account. We have the right to alter, remove, or reclaim, a username you select if in our sole discretion we determine that such username is offensive, inappropriate, or otherwise objectionable.
TW Media will remain, the sole and exclusive owners of all right, title, and interest in its Services and Content and to any pre-existing materials (which are owned by their licensors). TW Media grants you perpetual, limited, royalty-free, revocable, non-exclusive, non-transferable, non-sublicensable, world-wide license to access and use the Services and use, display, and distribute any pre-existing materials we provide you for your internal business purposes materials and to the extent incorporated in, combined with, or otherwise necessary for the use of the Services or deliverables. This term and condition is subject to your timely payments for Services rendered to you and your continued compliance with this Agreement. We expressly reserve all other rights in and to our Service, Content and such pre-existing materials.
You may not, and may not permit any third party to:
a) Access or use the Services in order to monitor its availability, functionality, or performance for competitive purposes;
b) Decompile, disassemble, reverse engineer (except to the extent specifically permitted by statutory law) or otherwise attempt to discover source code, object code or underlying structures, algorithms or ideas of the Services;
c) Translate, modify, or create derivative works based on the Services; or
d) Use the Services for any purpose other than its own internal purposes, in accordance with the Agreement and in compliance with all applicable laws and regulations (including but not limited to any applicable privacy and intellectual property laws).
There is no limit as to how many design requests you submit based on your subscription plan. A subscription is a measurement of output and represents what we can accomplish in a business day, with our team, our software, and our graphic design platform. We do not guarantee the amount of work that we can create with a single subscription. All your design requests will be stored on our management software and prioritised accordingly.
We will endeavour to work with you to accommodate any priority items. While we accept unlimited requests and revisions, our output volume depends on the total request volume and complexity of your requests and time needed to reach completion in all normal circumstances.
You are free to Pause or Cancel a project if you no longer wish for that project to be completed. Pausing or cancelling a project will instantly stop its production and allow our team to move onto the next project in line.
Unless otherwise stated or indicated, the TW Media Site is our proprietary property. All source code, functionality, website design, databases, software, video, photographs, texts, audio and graphics on the Site (collectively, the “Content”) and the logos, Service marks, and trademarks, contained therein (the “marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and multiple intellectual property rights and unfair competition laws of the United Kingdom, foreign jurisdictions, and international conventions. You are expressly prohibited from copying, downloading, duplicating, distributing, reproducing, republishing, selling, exploiting, sharing, posting, or transmitting any material from the Site, any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, in any method without express written permission which will be dated and signed by an authorised TW Media representative.
An authorised TW Media representative may grant an express permission by a formal statement to your organisation to use materials on this Site at its discretion. In such a case, materials to which permission for use has been granted may not be modified in any way, be decompiled or reverse engineered, be used for commercial purposes, removed or have copyright/proprietary notations, or be transferred to another person to “duplicate” or “mirror” on any other server.
Any material, documents, images, PDF, text, files, videos, information (including but not limited to your credit card information) you provide through email or upload to our server when creating your design request or projects are considered “Your Content” (“Customer Content”) and are deemed as your property. You are held 100% responsible and liable for all content provided and their use in the completed design. By submitting any content to us, you represent that you have all necessary legal rights, licenses, and authorisation to distribute Your Content and that you’re not infringing or violating any third party’s rights by posting it. Furthermore, we are not liable for any infringement on intellectual property rights with regards to the completed design that we submit to you.
We do not provide any trademarks, copyrights, or licenses research when using Your Content. The material and content you submit to us, shall be used by us on an as-is basis and you are held responsible and liable for the published work TW Media submits back to you.
You agree that Your Content (not including credit card information), may be transferred unencrypted and involve:
a) Transmissions over various networks; and
b) Modifications to conform and adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks.
Reporting Unauthorized Content: In cases where Your Content, which is proven to be 100% owned by you or that you have full unequivocal rights to has been posted to the Services without your authorisation and you would like it to be removed, please contact us via email. If Your Content infringes a third party’s intellectual property, we reserve the right to remove it if we receive proper notice.
Inappropriate, False or Misleading Content: By seeking to request or in requesting our Services, you agree that you will not post any content that is false, misleading, abusive, vulgar, pornographic, threatening, defamatory, obscene, or otherwise offensive or unlawful, in violation of any part of our Terms or use of the Services in a manner that is fraudulent or deceptive. We may, but have no obligation to, edit, monitor, or remove such content that we determine in our sole discretion violates these Terms of Service or any party’s intellectual property.
All design and original source files created while you are enrolled with us are yours to keep and own. It is your responsibility to provide TW Media with sufficient content and instructions to complete the work as you have envisaged.
We take claims of copyright infringement seriously and will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials from this Site by submitting written notification to us. The written notice must include substantially the following:
a) Your physical or electronic signature;
b) Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on this Site, a representative list of such works;
c) Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
d) Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);
e) A statement that you have a good faith belief that use of the copyrighted material is not authorised by the copyright owner, its agent, or the law;
f) A statement that the information in the written notice is accurate;
g) A statement, under penalty of perjury, that you are authorised to act on behalf of the copyright owner.
TW Media will never claim ownership of Your Content. You will still own exclusive rights to Your Content and any licenses you own remain in your ownership. By posting Your Content, through our dashboard or submitting them via email, you automatically grant TW Media permission to a limited, royalty-free, worldwide, non-exclusive, irrevocable, perpetual, non-sublicensable right, hereby referred to as the “Portfolio Rights License”, to access, use, publish, edit, display, reproduce, modify, store, distribute, and prepare derivative works of Your Content, published or unpublished work, and any deliverables that we develop in connection with TW Media to provide the Services and to promote marketing and advertising of TW Media on our website (this does not include your credit card information).
You may revoke the Portfolio Rights License at any time by sending written notice to firstname.lastname@example.org. If you revoke the Portfolio Rights License, TW Media will thereafter stop using your deliverables for marketing and advertising purposes, however, your deliverables may continue to exist elsewhere online such as where the deliverables have been used by others in accordance with the Portfolio Rights License.
“Licensed Content” means content that TW Media owns or license, including artwork, audio, stock photographs, typeface, designs, video, and writings. While TW Media clients are, and will be, the sole and exclusive owners of all title, right, and interest in and to their graphic design project and deliverables, including all intellectual property rights therein, this is subject to your compliance with this Agreement and your full payment of applicable amounts due. Furthermore, the Licensed Content incorporated in their graphic design project is subject to the terms of this Agreement, particularly in relation to license and use of Services. No rights are granted to you other than as expressly set forth herein.
To the extent that we license Licensed Content from any third party, including but not limited to Adobe Stock, you agree to comply with the relevant third-party license. Except with our written permission, you may not, directly or indirectly:
a) Modify, change, convert, adapt, alter, translate, or make any derivative works of any Licensed Content;
b) Falsely represent that you are the original creator of any Licensed Content;
c) Use Licensed Content in any way that allows others to download, extract, or redistribute Licensed Content as a standalone file or work;
d) Use Licensed Content that features models or property in connection with a subject that would be unflattering or unduly controversial to a reasonable person (for example in relation to transmitted diseases), and must indicate:
(1) that the content is being used for illustrative purposes only, and
(2) any person depicted in the content is a model.
TW Media and their licensors retain ownership over Licensed Content licensed from them, whether downloaded through our Stock Services or incorporated into your graphic design deliverable. We reserve the right to terminate, withdraw or revoke all licenses upon your failure to comply with any provisions of this Agreement. In the event of any termination, you will have no further right to make use of the Licensed Content, which may include the Licensed Content that we have included in your design deliverable.
The Site is provided on an as-is and as-available basis (except where expressly stated by us). By using the Site you expressly agree that your use of, or inability to use, our Service and the Site is at your own full risk. To the fullest extent permitted by law, we disclaim all implied or express warranties, representations, and conditions of any kind, in connection with the Site and your use thereof, including, without limitation, the implied warranties and conditions of merchantability, merchantability quality, fitness for a particular purpose, title, durability, non-infringement of intellectual property and other violation of rights, either oral or written, whether arising by law, course of dealing, course of performance, usage, trade, or otherwise. We make no representations or warranties about the completeness or accuracy of the Site’s content or the content of other websites linked to the Site and we will assume no responsibility or liability for any:
a) Property damage or personal injury, regardless of the nature of it thereof, resulting from your access to and use of the Site;
b) Unauthorised breaches, access or use of our secure servers and/or financial information stored therein;
c) Viruses, bugs, Trojan horses, or such the like which may be transmitted to or through the Site by any third party;
d) Misinformation, mistakes, omissions, errors or inaccuracies of content materials;
e) Cessation, delay, disruption or security risks of transmission to or from the Site;
f) Errors, inaccuracies, mistakes, misinformation, omissions or reliability concerns in any content and materials or for any damage or loss of any kind incurred as a result of the use of any content posted, transmitted, or similarly made available through the Site;
g) Our decision to remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you;
We do not endorse, warrant, guarantee, or assume liability or responsibility for any product or Service advertised or offered by a third party, any hyperlinked website, or any website or mobile application featured in any banner or other advertising through the Site.
TW Media and their directors, officers, employees, agents, affiliates, interns, contractors, Service providers, suppliers, or licensors accept no responsibility or liability for any indirect, direct, incidental, consequential, special, exemplary, or punitive damages of any kind, including without limitation injury, claim, loss of any kind, lost savings, lost profits and revenues, loss of data, financial loses, replacement costs or other damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use or inability to use, a third party’s use of the Site, Service, or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any omissions, errors or inaccuracies in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) transmitted, submitted, posted, or otherwise made available via the Service. This applies in all cases, including where we have been made aware or advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, in the event that some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such cases, our liability to you for any cause, determined as such by us or a court of law within our governing jurisdiction of the United Kingdom, regardless of the cause of the action, in tort, contract, or otherwise, will at all times be limited to £50 or shall be limited to the minimum extent permitted by law. This paragraph does not affect any liability that cannot be excluded or limited under applicable law.
The failure of either party to exercise or enforce any right or provision of these Terms of Service shall not automatically constitute a waiver of such right or provision. A waiver by either party of any term or condition of this Agreement or any breach, in any one instance, will not automatically waive such term or condition or any subsequent breach. In such cases, any issues arising shall be determined at the sole discretion of TW Media.
These Terms of Service, any policies or operating rules posted by us on this Site or in respect to The Service constitutes the entire agreement and understanding between the parties and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between the parties (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
You agree to defend, indemnify, and hold harmless TW Media and its parent organisation(s) or legal entities, subsidiaries, partners, directors, officers, affiliates, members, agents, managers, employees, contractors, subcontractors, successors, licensors, Service providers, supplies, interns, and assigns (the “Indemnified Parties”) from and against all demands, claims, liabilities, damages, expenses and costs including, without limitation, reasonable legal fees and costs, made by any third-party due to or arising out of, or relating to:
a) Your breach of any of the terms of this Agreement/Terms of Service or the documents they incorporate by reference;
b) Your use of the Services, content or any deliverables, provided pursuant to the Site;
c) Your violation of any law; and/or
d) Infringement of third party’s intellectual property rights or other proprietary rights.
You shall cooperate as required by us in the defence of any claim. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, and you agree that you will not, in any event, settle any claim without our prior written consent.
TW Media will make the applicable Services available to you during the term to which you have subscribed, subject to your compliance with this Agreement, as well as your subscription for an applicable plan and our timely receipt of your associated payment(s), bearing in mind planned downtime and any unscheduled emergency maintenance.
TW Media reserves the right, but are not obligated, to modify, limit or replace the sales of our Services, refuse any order you place with us, discontinue any Services or the quantities of any Services that we offer to any person, per household or per order, geographic region or jurisdiction on a case-by-case basis, according to our sole discretion and at any time without notice to you. This right to limit or prohibit orders, may be particularly exercised where in our sole judgment, they appear to be placed by dealers, distributors or resellers. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. You agree to:
a) Provide accurate, current and complete purchase and account information for all purchases made at TW Media, and to
b) Promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can finalise your transactions and contact you as needed.
We do not warrant that the quality of any Services, information, or other material purchased or obtained by you will meet your full expectations, or that any errors in the Service will be corrected.
We pride ourselves in producing work of exceptional standards of delivery and would never intentionally submit final files with omissions and inaccuracies to you. However, we accept that due to the fallibility of our human nature this Site may unintentionally contain misinformation, typographical errors, omissions, or inaccuracies that may relate to product descriptions, pricing, promotions, offers, availability, and various other information.
We reserve the right to modify and correct any inaccuracies, errors, or omissions, cancel any orders, and to alter or update the information on the Site or any other related Site at any time, without prior notice (including after you have submitted your order).
We have no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except such as are required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated. We reserve the right to modify or discontinue the Service (or any part or content thereof), products and including pricing without notice at any time.
Any offer for any Service made on this Site is null and void where prohibited. In the event that we cancel or make a change to an order, we may attempt to notify you by contacting the phone number, e-mail and/or billing address you provided at the time the order was made.
We do not accept any legal liability or responsibility to you or to any third-party for any modifications, price change, suspension, discontinuance of the Service, inaccuracies in our content or your reliance on them. Your reliance on the content of this Site and the frequency to which you or any third party visits this Site will be your sole responsibility. This Site may contain certain historical information which is not current. The material produced on this Site is provided for your reference and general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more current sources of information and contacting TW Media.
Similarly, due to the nature of creative design, we cannot guarantee all delivered files will be 100% error-free. You agree to review and proof all delivered files for any inaccuracies or omissions. In a rare event that you do receive a file with mistakes, please notify us promptly and no less than seven (7) days of receipt. Then and we will do our best to quickly make the revisions and re-submit to you. If you notify us of any errors after that time period, we are not required to but will intend to work with you to make corrections as soon as there is available time.
TW Media is not responsible or liable for any loss of profits or business incurred from inaccuracies in our design files. It is your sole responsibility to thoroughly check and review the final design.
Our commitment to you is to provide you, our client, with excellent quality of Service and ensure that you have a great experience with TW Media. You understand that before we have any obligation to provide Services, you must pay the fees (as well as applicable taxes) in full, in such amounts and for such billing frequency as specified during registration, as updated (prospectively, not retroactively) by you from time to time.
By entering into this Agreement with TW Media, and all entities mentioned in the overview section, you represent and warrant that the billing information you submit to TW Media is accurate, current on the submission date, and that you are authorised to make payment. Furthermore, you agree to pay the fees for your selected plan or subscription, specified during registration in full prior to any Services being rendered by TW Media. You also agree to authorise TW Media to automatically charge you for the fee on your method of payment (e.g., credit card) and applicable taxes on each anniversary of your registration date, based upon your billing frequency. In the event of non-payment of applicable fees your account and access to files and Services may be suspended or terminated and overdue charges will accrue interest monthly at the rate of 1.5% of the then-outstanding unpaid balance, or the maximum rate permitted by law, whichever is lower. All amounts owed under this Agreement are non-cancellable and non-refundable, except as specifically provided in this Agreement.
We reserve the right to change our fees upon 5 days’ advance notice. By continuing to use the Services, you accept such changes. We are not required to notify you of temporary promotions or reductions in fees.
Unless specifically requested by the client, the selected plan or subscription, will automatically renew for the same duration, at the same payment rate, at the end of a given term. Once a subscription payment has been processed, the Service will be delivered until the final date of the subscription period.
We hope you are pleased with our Services. If, for whatever reason, you are not, you may cancel your subscription with us at any time as your sole remedy. It is your sole responsibility to cancel or pause the subscription / Service, ahead of the billing date, if you do not intend to use the Service during a subscription period. Refunds will not be granted due to your inactivity as a TW Media client, or if you have forgotten to cancel the subscription prior to their billing date
You may cancel our Services any time before a new month begins on your selected plan or subscription, either by contacting email@example.com or by speaking to a representative and outlining the grounds on which you are submitting your refund request. All refund requests are reviewed, approved and processed at the sole discretion of TW Media and are subject to a 5% administrative fee. If you are eligible for a full refund, you should in most circumstances receive it within 30 business days.
Refund requests are considered on a case by case basis. If a refund request is approved, TW Media will select the appropriate refund option based on the client’s package and other necessary considerations. TW Media will in all cases seek to modify, amend or correct any errors or omissions before it considers whether to offer a refund option.
In some cases, we may refuse a refund request if, in our sole discretion, we find evidence of fraud, refund abuse, or other manipulative behaviour. Promotions, upgrades, and adjustments to existing plans are non-refundable.
After cancellation, we will endeavour to keep your logins and account active in order for you to have access to all previously submitted design files until the end of your current billing period. Once the billing term has ended after cancelation, you will no longer have access to the Services and may lose access to your design files through the Site.
We have these policies in place both to protect the integrity of our Service and safeguard both parties from abuse. If you have any further questions please feel free to email us at firstname.lastname@example.org.
These Terms of Service are effective unless and until terminated by either Party. The liabilities and obligations of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes, including but not limited to, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
We reserve the right to terminate this Agreement at any time without notice, if in our sole judgment you fail, or we suspect that you have failed, to comply with any provision or term of these Terms of Service. Upon expiration or termination of your account or subscription to a Service, all rights under this Agreement relating to such Service will immediately terminate, you will lose all access to the applicable Service, including access to your account and Customer Content or other files. If the Agreement is terminated for your breach, any licenses to Licensed Content will terminate.
In all such cases of termination, you will remain liable for all amounts due up to and including the date of termination; and/or accordingly we may deny you access to our Services (or any part thereof).
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England and Wales of the United Kingdom without regard to any choice of law, conflicts of law or other principles that would result in the application of the laws or regulations of any other jurisdictions.
The parties agree that they will not bring claims against the other as a claimant or class member in any purported class or representative action or proceedings but only on an individual basis.
In the event that any provision of these Terms of Service is determined to be unlawful, invalid, null and void or unenforceable by a court of competent jurisdiction, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. The invalid, unlawful or unenforceable provision(s) will be replaced by a valid, legal and enforceable provision or provisions that closely reflect the intent of the parties underlying the invalid, unlawful or unenforceable provision(s). Such determination of invalidity and unenforceability shall not affect the validity and enforceability of any other remaining provisions.
If we are unable to perform any obligation under this Agreement due to unforeseen circumstances beyond our reasonable control, we will have no liability to you for such failure to perform; provided, however, that we will resume performance promptly upon removal of the circumstances constituting a “Force Majeure Event”. A Force Majeure Event includes but is not limited to a local, regional, national or international pandemic or wide spread out break of infectious diseases or viruses, government shutdown, lightning, flood, exceptionally severe weather, explosion, fire, civil disorder, war, industrial/labour disputes (whether or not involving our employees), acts of government, loss of or problems with telecommunications, utility Services or other third party Services, and hostile network attacks.
We reserve the right, but not the obligation to:
c) Refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof, according to our sole discretion and without limitation;
d) Remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems, according to our sole discretion and without limitation; or
e) Otherwise, manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
You are prohibited from accessing the Site through automated or non-human means, whether through a script, bot, or otherwise.
TW Media may provide you with access to third-party tools, content, materials, product and Services over which we neither monitor nor have any control nor input. You understand that access to such tools are provided on an “as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement.
TW Media’s website may also be made available through third-party platforms. TW Media has not endorsed, reviewed or approved all Sites, third party Sites or otherwise, that are linked to its Internet website, whether in relation to their material, content, policies or otherwise. TW Media will not warrant or assume any responsibility or liability for:
a) Examining or evaluating the content or accuracy of any such linked websites;
b) Your use of optional third-party tools, content, materials, products or Services;
c) Any harm or damages related to the purchase or use of goods, Services, content, resources, or
d) Any other transactions made in connection with any third-party websites.
Your use of optional tools offered through the Site is entirely at your own risk and discretion. You should ensure thorough familiarity and your agreement with terms, policies, and practices upon which the tools, content, materials, products or Services are provided by the relevant third-party provider(s). You are strongly advised to use your best judgment and discretion when using any third party website links. Any complaints, concerns, or questions regarding third-party products should be directed to the third-party.
TW Media may also, in the future, offer new Services and/or features through the website (including, the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
You agree that TW Media may, at any time, without restriction, copy, edit, publish, translate, distribute, and otherwise use in any medium any specific submissions (for example contest entries) you submit to us or without a request from us you send creative ideas, proposals, suggestions, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’).
You grant TW Media a perpetual, irrevocable, worldwide, nonexclusive, transferable, sublicensable right and license to commercially utilise in any manner any suggestions, feedback or recommendations that you provide to us.
We are but are under no obligation:
a) To maintain any comments in confidence;
b) To pay compensation for any comments; or
c) To respond to any comments.
You agree that your comments will not:
a) Violate any right of any third-party, including trademark, copyright, privacy, personality or other personal or proprietary right;
b) Contain libellous or otherwise unlawful, offensive, abusive or obscene material;
c) Contain any computer virus or other malware that could in any way affect the operation of the Service or any related website;
d) Be sent through a false e-mail address, or under the pretence of another identity other than yourself; or
e) Be misleading to us or third-parties as to the origin of any comments.
You are solely responsible for your comments and their accuracy. We accept no responsibility and assume no liability for any comments posted by you or any third-party.
Questions about the Terms of Service should be sent to us at email@example.com