Legal Stuff:
This page contains SmartAssBrand's Privacy Policy, Terms & Conditions, Disclaimer and Copywrite Notice

Definitions

• We, Us, Our, Ours refer to personnel of SmartAssBrand LTD (also referred to as SmartAssBrand)

• You, Your, Yours, Visitor(s), User(s) refer to visitors of SmartAssBrand.com and customers of SmartAssBrand

• Personal Information refers to Information Provided by You that likely can be used to identify You, such as name or shipping address

• Services include the operation and maintenance of SmartAssBrand.com and delivery of Projects

• Projects are commissioned artworks as agreed to by You and Us

 

Ownership, Offering and Binding Terms

This website is owned and operated by SmartAssBrand LLC (dba SmartAssBrand LTD and SmartAssBrand). These Terms set forth the terms and conditions under which You may use Our website and Services as offered by us. This website offers Visitors viewing of Projects completed by Us and a means of contacting Us to potentially commission a Project. By accessing or using the website of Our Service, You approve that You have read, understood, and agree to be bound by these Terms.

 

Who Can Use SmartAssBrand.com

In order to use Our website and/or receive Our Services, You must be at least 18 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive Services if doing so is prohibited in Your country or under any law or regulation applicable to You.

 

Commercial Terms

If You commission a Project, You agree that: (i) You are responsible for reading and understanding the “pay along the way” approach to paying for each Project as described below and on the “See Something You Like?” tab of this website: (ii) You enter into a legally binding contract to make payments at progress/payment intervals as described herein and agreed to by You and Us before Project commencement.

 

The price We charge for any given Project will be agreed to by You and Us before Project commencement.

The “pay along the way” process outline:

• You communicate what You want in a Project

• We and You agree on specifications – subject, color, size, materials, etc.

• We provide You an estimate of time charges, cost of materials and shipping, timing of pictures updating You on Project progress, and timing of payments

• If You accept Our proposal, then You pay for materials by PayPal, Venmo or check (credit cards not accepted)

• We procure materials and begin work, sending You pictures and invoices at agreed on progress intervals. For example, on a small project We and You might agree that We send a picture and request payment of half Our time charges halfway through the Project. On a large Project there may be multiple progress update/billing intervals

• If You are happy with progress at any point, You then pay for the time We have put in to that point and We continue working

• If You are not happy with progress at any point, We and You either work out agreeable changes or You cancel the Project; in the event a Project is cancelled there will be no deliverable after that point unless You elect to pay shipping costs and We will then ship to You the Project as it stands at the point You cancel the Project

• When We finish a Project, You pay the last installment plus shipping and We send You the completed Project; by paying of the last installment and shipping cost You agree that the Project has been completed in accordance with the proposal You accepted and to Your satisfaction

 

Returns and Refunds

No returns will be accepted nor refunds made. If you are not satisfied with progress on a commissioned Project you may cancel said Project at any time. In the event a Project is cancelled there will be no deliverable after that point unless You elect to pay shipping costs and We will then ship to You the Project as it stands at the point You cancel the Project. Shipped Projects will be insured to the value agreed on at the start of the Project. If a Project arrives damaged and You return it to Us at Your expense, We will transmit to You any and all insurance proceeds we collect. Alternatively, We and You can work out an agreement on return shipping and additional time charges by Us to repair the Project. We will then ship the repaired Project to you at Your expense, along with the excess of any and all insurance proceeds we collect over the agreed to costs of return shipping, repair time charges and reshipment.

 

Retention of Right to Change Offering

We may, without prior notice, change the Services; stop providing the Services or any features of the Services we offer; or create limits for the Services. We may permanently or temporarily terminate or suspend access to the Services without notice and liability for any reason, or for no reason. These rights do not allow Us to unilaterally terminate a Project once You have accepted Our proposal for a given Project and You have made payment(s) timely per that proposal.

 

Warranties

We make no warranties whatsoever regarding any given Project. Your rights are limited to those described in the “Returns and Refunds” section above.

 

Ownership of Intellectual Property

The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of SmartAssBrand LTD. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text and literary works) through any means to the website or by any other means to SmartAssBrand, You confirm that You own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed at the website.

You recognize and agree that by contracting any Project with SmartAssBrand, We retain the right to post images and descriptions of such Project on the website and in promotional materials, and to produce additional Projects similar in design.

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Indemnification

You agree to indemnify and hold SmartAssBrand LTD harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against You by any third party due to, or arising out of, or in connection with Your use of the website or any of the Services offered on the website.

 

Limitation of Liability

To the maximum extent permitted by applicable law, SmartAssBrand LTD assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from Your access to or use of our Service; and (iii) any unauthorized access to or use of Our secure servers and/or any and all Personal Information stored therein.

 

Right to Change and Modify These Terms and Conditions

We reserve the right to modify these terms from time to time at Our sole discretion. Therefore, You should review this page periodically. When We change the Terms in a material manner, We will notify You that material changes have been made to the Terms. Your continued use of this website or our Service after any such change constitutes Your acceptance of the new Terms. If You do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) this website or Our Services.

 

Project-Related and Promotional Emails and Content

By submitting Your idea(s) for a commission Project You agree to receive from Us email communication regarding that Project. In addition, You agree to receive from time to time promotional messages and materials from Us, by mail, email or any other contact form You may provide Us with (including your phone number for calls or text messages). If You do not want to receive such promotional materials or notices – please just notify Us at any time.

 

Applicable Laws and Jurisdiction

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the Services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Arapahoe County in the State of Colorado, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and You hereby consent to them being decided exclusively by, a court of competent jurisdiction located in the City of Centennial, Colorado. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

 

Customer Support and Contact

You may contact Us by using the Form on the Contact page of this website. During the course of a Project You may also be supplied with an additional email address(es) which You may use to contact Us.