Terms & Conditions
Longraphics's Terms of Service
SECTION 1 - ACCEPTANCE OF ONLINE SERVICE TERMS
These Terms of Service (this “Agreement”) between Longraphics, LLC (“we”, “us” or “Longraphics”) and you govern your access and use of our web platform made available through www.longraphics.com (this “Site”) and the subscription or other services we provide (the “Services”). By using this Site and accessing our Services in any manner, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
This Site is controlled and operated by us from our offices within the United States and Nigeria. We make no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where its contents are illegal is prohibited. Those who choose to access this site from locations outside the United States or Nigeria are responsible for compliance with all applicable laws.
We may update this Agreement from time to time. By continuing to use this Site and the Services after the update, you accept the update in its entirety. All updates are effective upon posting. We encourage you to check the “Terms of Service” link on the home page each time you visit this Site, so you are aware of any updates.
SECTION 2 - PRIVACY POLICY
2.1 Our privacy policy, which can be found at https://longraphics.com/privacy-policy/ (the “Privacy Policy”), describes how we may use your personal information. By continuing to use this Site, you accept the Privacy Policy, which is incorporated herein by reference. If you object to your personal information being used as described in the Privacy Policy, please leave this Site immediately. You must be at least age 18 to access this Site.
SECTION 3: The Service
3.1 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), we will make the applicable Services available to you during the term to which you have subscribed. We will use commercially reasonable efforts to make the Services available subject to planned downtime and any unscheduled emergency maintenance. We may modify, replace, or discontinue the Services at any time, for any reason, without notice to you.
3.2 You may only access and use the Services in accordance with the terms of the Agreement. You agree to: (i) provide accurate, current and complete information about you as may be prompted by any form on this Site (“Registration Data”); (ii) maintain and promptly update the Registration Data, to keep it accurate, current and complete; (iii) maintain the security of any password and identification information; (iv) notify us immediately of any unauthorized use of your account; (v) accept sole responsibility for any and all activities that occur on your account. Each person who uses any Services must have a separate username and password. You must provide a valid email address for each person that you authorize to use your account. You agree to provide any other information that we reasonably request.
3.3 You 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.
3.4 We may terminate your account without prior notice or liability to you, if we find, in our sole and exclusive discretion, that you: (i) have violated this Agreement; (ii) are not in alignment with our model; (iii) are sharing usernames or passwords; (iv) violate our core values; or (v) are abusing our services or team in any way, including using our services for illegal purpose.
3.5 “Deliverables” means content that we develop and provide specifically for you based on your design requests. Deliverables do not include Licensed Content, which is subject to certain license restrictions.
3.6 “Licensed Content” means stock or otherwise pre-existing content elements that we own or license from a third party, including artwork, stock photographs, audio, typeface, video, designs, and writings. While you are, and will be, the sole and exclusive owner of all right, title, and interest in and to the Deliverables, the Licensed Content incorporated in the Deliverables is subject to the license described in Section 5 below. No rights are granted to you to any Licensed Content other than as expressly set forth herein.
3.7 Subject to your continued compliance with this Agreement, including timely payment of associated amounts due, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Services for your internal business purposes. You may not access or use the Services in order to monitor its availability, performance, or functionality for competitive purposes. You may not, and may not permit any third party to: (a) reverse engineer (except to the extent specifically permitted by statutory law), decompile, disassemble or otherwise attempt to discover source code, object code or underlying structures, ideas or algorithms of the Services, (b) modify, translate or create derivative works based on the Services, (c) use the Services for any purpose other than its own internal purposes; or (d) use the Services other than 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).
3.8 You grant us a perpetual, irrevocable, worldwide, nonexclusive, transferable, sublicensable right and license to commercially exploit in any manner any feedback, suggestions or recommendations that you provide to us.
SECTION 4 -THE USE OF THE SERVICE
4.1 You may use the Service for as many projects as you prefer under the applicable subscription and as appropriate based on the scope of your subscription so long as your account is in good standing, i.e. you have paid your monthly subscription fee and have complied with the overall Terms of Service.
4.2 Longraphics accepts unlimited requests and revisions, however the volume and speed of turnarounds is determined by several factors including i) the working hours of the assigned design team ii) the number of subscriptions a client has iii) the type of subscription(s) a client has; iv) the number of requests a client makes; v) and the complexity of requests. As these factors can fluctuate, Longraphics makes no guarantee of a set amount of design outputs that we can deliver with a single subscription.
4.3 Human error happens. Sometimes it may be on our end. Sometimes it may be on yours. So be sure to carefully review each and every output you receive from Longraphics to make sure they are sufficient for their intended use. If any errors or inaccuracies are detected, it is your responsibility to request revisions within the scope of the Longraphics service.
This is especially important for print projects. Ensure that you review your design files thoroughly before submitting a print order. We also highly recommend doing a test print to ensure that all the elements of your design, including components like QR codes, are displayed with the clarity you require for their intended use. If you find any errors or inaccuracies, it is your responsibility to request revisions within the scope of the Longraphics service.
4.4 You must be the owner, or have the necessary rights, licenses, and authorization to distribute, all of the information, data or materials that you provide to Longraphics while using the Service. And by submitting any information, data or materials to Longraphics you are granting the Service a worldwide, royalty free, non-exclusive license to access and use the information, data, or materials to provide the Service.
4.5 You are, and will be, the sole and exclusive owner of all right, title, and interest in and to the design outputs you receive from Longraphics, including all intellectual property rights therein. Notwithstanding the foregoing, the terms of this Section 7.5 are subject to your compliance with this Agreement, your full payment of applicable amounts due and the terms of Sections 4.6, 4.7, and 6 below.
4.6 In the course of providing the Services, we may use certain pre-existing materials as outlined in
“Section 6 – Stock Services”. We and our licensors are, and will remain, the sole and exclusive owners of all right, title, and interest in and to any pre-existing materials. We grant you a perpetual, limited, royalty-free, non-transferable, non-sublicensable, worldwide license to use, display, and distribute any pre-existing materials to the extent incorporated in, combined with, or otherwise necessary for the use of the Services or design outputs. We expressly reserve all other rights in and to such pre-existing materials.
4.7 In the event that you wish to sell any of the design outputs you receive from Longraphics through its Service, you must advise your design team of this at the time at which you make your design request. If you and/or your company will not be the end-user of any given design output and you will be reselling any given design output, you must advise your Longraphics design team of this so that they can ensure that all elements of your design outputs have the appropriate licenses and/or are created as custom elements for your commercial use (i.e. resale).
4.8 We reserve the right, but are not obligated, to limit the sales of our services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any services that we offer. All descriptions of services or service pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any service at any time. Any offer for any service made on this site is void where prohibited.
SECTION 5 - MODIFICATION OF THE SERVICE AND PRICES
Prices for our service or products are in USD and subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 6 - STOCK SERVICES, USE OF LICENCED CONTENT
6.1 “Licensed Content” means content that Longraphics owns or license, including artwork, stock photographs, audio, typeface, video, designs, and writings. While Longraphics clients are, and will be, the sole and exclusive owners of all right, title, and interest in and to their graphic design and video design project, the Licensed Content incorporated in their graphic design project is subject to the license described below. No rights are granted to you other than as expressly set forth herein. You grant us a perpetual, irrevocable, worldwide, nonexclusive, transferable, sublicensable right and license to commercially exploit in any manner any feedback, suggestions or recommendations that you provide to us.
6.2 To the extent that we license Licensed Content from any third party, you agree to comply with the relevant third-party license. Except with our written permission, you may not: (i) sell, resell, rent, lease, sublicense, assign, grant a security interest in, or otherwise transfer any part of your rights to use Licensed Content apart from a design deliverable prepared by us or as part of a design product for your own personal use; (ii) change, alter, adapt, translate, convert, modify, or make any derivative works of any Licensed Content; (iii) falsely represent that you are the original creator of any Licensed Content; (iv) use Licensed Content in a pornographic, defamatory, or other unlawful manner; (vi) use Licensed Content in any way that allows others to download, extract, or redistribute Licensed Content as a standalone file or work.(vii) 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, sexually transmitted diseases), must indicate: (1) that the content is being used for illustrative purposes only, and (2) any person depicted in the content is a model.
6.3 Our licensors and we retain ownership over Licensed Content licensed from them, and incorporated into your graphic design deliverable. We reserve the right to terminate, revoke, or withdraw 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.
SECTION 7 - FEES AND SUBSCRIPTION
7.1 Use of our Services requires payment of recurring fees. 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. All fees are due upon receipt of invoice. Failure of Longraphics to provide an invoice does not relieve you of your obligation to pay the fees in accordance with the terms specified when you register. You agree that, upon registering for the Services, you authorize us to charge your method of payment (e.g., credit card) for the fees and applicable taxes from your registration date based upon your chosen billing frequency (e.g., monthly, quarterly, bi-annually, annually).
7.2 At the end of a given term of a monthly, quarterly, bi-annual, or annual subscription, the subscription will renew for the same duration, at the same payment rate, if no further action is requested or taken by the individual who has initiated the subscription.
7.3 It is the sole responsibility of those who sign up for a Longraphics subscription to cancel or pause the service, ahead of their billing date, if they do not intend to use the service during a subscription period. If you cancel your subscription before the next renewal cycle, you can continue using your account and accessing your design files until the end of your paid billing term. When your subscription expires, you will no longer have access to our Services and all design files associated with those Services. We do not provide refunds or credits for partial months of service, downgrades, or unused time.
SECTION 8: CONFIDENTIAL INFORMATION
8.1 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, research, images, development, design details and specifications, and marketing plans.
8.2 During the course of our relationship, you may disclose to us your Confidential Information. We agree to hold in confidence and not disclose to any third party any of your Confidential Information, except as approved or directed in writing by you, and will use your Confidential Information for no purpose other than for the Services. We will limit access to your Confidential Information to only those employees, officers, directors, contractors, representatives and agents who are involved in providing Services to you. We will be responsible to you for any breach of this provision by our employees, officers, directors, contractors, representatives and agents.
8.3 During the course of our relationship, we may similarly disclose to you our Confidential Information. You agree to hold in confidence and not disclose to any third party any of our Confidential Information, except as approved or directed in writing by us, and will use our Confidential Information for no purpose, except as permitted by this Agreement. You will limit access to our Confidential Information to only those employees, officers, directors, contractors, representatives and agents to whom it is necessary to disclose our Confidential Information. You will be responsible for any breach of this provision by your employees, officers, directors, contractors, representatives and agents.
8.4 Notwithstanding anything to the contrary in this Agreement, the following is not 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.
8.5 The confidentiality obligations under this Agreement will survive for five (5) years after the termination of this Agreement.
SECTION 9 - THIRD-PARTY LINKS
Certain content, products and services available via our service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. 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. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 11 - USER COMMEMENTS, FEEDBAKS AND OTHER SUBMISSION
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 12 - PORTFOLIO LICENSE
You hereby grant Longraphics a limited, nonexclusive, non-sublicensable, royalty-free worldwide license, hereby known as the “Portfolio License”, to use, publish, and display any deliverables that we develop in connection with the Longraphics Service for the purpose of marketing and advertising for Longraphics, and/or to display any Longraphics Trello board and/or Longraphics client dashboard that we develop in connection with the Longraphics Service for the purpose of demonstrating how the Longraphics service works. You may revoke the Portfolio License at any time by sending written notice to info@longraphics.com. If you revoke the Portfolio License, Longraphics will stop using your deliverables for marketing and advertising purposes going forward, however, your deliverables may continue to exist elsewhere online such as where the deliverables have been used by others in accordance with the Portfolio License.
SECTION 13 - REFUNDS
It is the sole responsibility of those who sign up for a Longraphics subscription to cancel the service, ahead of their billing date, if they are not satisfied with the service, or do not intend to use the service. Refunds will only be considered in extenuating circumstances, at Longraphics’s discretion, and will not be granted due to inactivity by a Longraphics client, or if a Longraphics client has forgotten to cancel their subscription prior to their billing date.
Once a subscription payment has been processed, the service will be delivered until the final date of the subscription period. This is void in the event that a refund is requested and granted.
All refund requests are reviewed, approved and processed at the sole discretion of Longraphics and are subject to a 5% administrative fee (5% of the value of the refund). The 5% administrative fee covers the non-refundable charges applied by the secure payment processing platform.
If a refund request is approved for a month-to-month subscription, the refund will be issued for the equivalent of either a pro-rated monthly payment or one monthly payment, at Longraphics's discretion, to the original payment method within 5-7 business days. Refund requests for month-to-month subscriptions will not be approved for more than one pro-rated monthly payment or one monthly payment.
If a refund request is approved for a quarterly, bi-annual, or annual subscription, the refund will be issued in the amount equivalent to the cost of the remainder of the subscription term, less the cost of the subscription used to date. The cost of the subscription used to date will be calculated based on the full price of the monthly subscription and all promotions and promotional pricing applied to the quarterly, bi-annual, or annual subscription will no longer be valid. Refunds approved, at Longraphics’s discretion, will be issued to the original payment method within 5-7 business days.
To initiate a refund request please send an email to info@longraphics.com outlining the grounds on which you are submitting your refund request.
SECTION 14 - INDEMNIFICATION
14.1 YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US HARMLESS FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES AND COSTS, ARISING OUT OF OR IN ANY WAY CONNECTED TO CUSTOMER CONTENT OR USE OF THE SERVICES, ANY DELIVERABLES, LICENSED CONTENT OR AI GENERATED CONTENT, INCLUDING BUT NOT LIMITED TO VIOLATION OF ANY THIRD-PARTY LICENSE TERMS. YOU SHALL COOPERATE AS REQUIRED BY US IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU, AND YOU WILL NOT, IN ANY EVENT, SETTLE ANY CLAIM WITHOUT OUR PRIOR WRITTEN CONSENT.
SECTION 1 5- SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, 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, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (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.
SECTION 18 - CHANGES OF TERM OF SERVICE
You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes
SECTION 19 - CONTACT INFORMATION
Questions about terms of service should be sent to us at info@longraphics.com