AGREEING TO TERMS
By signing up as a client of Penji or using the Penji.co website, you agree to be legally bound by these conditions. Please read these terms and conditions carefully. Penji may change these terms at anytime by updating this page. You should visit this page periodically to review these conditions, as they are binding to you. If you do not agree with ALL of these terms, then you are expressly prohibited from using the site and must discontinue use immediately.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. No materials may be copied, distributed, republished, downloaded, reproduced, shared, posted, or transmitted in any method unless fully authorized by an authorized Penji representative.
Penji may grant permission to your organization to use materials on this Site at it’s discretion. Materials given permission to use may not be modified in any way, be used for commercial purposes, be decompiled or reversed engineered, remove copyright/proprietary notations, or transferred to another person to “mirror” or “duplicate” on any other server.
By using the Site, you represent and warrant that:
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING.
IN NO EVENT WILL PENJI, ANY OF OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANNY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE. EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO $50.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at anytime, without prior notice.
YOUR UPLOADED CONTENT
Any text, documents, PDF, images, videos, files you upload to our server or submitted through email are considered “Your Content”. All materials an content submitted to us when creating your design request or projects remain your property. You are held 100% liable for all content submitted and their use in completed design. We do not provide any copyrights, trademarks, or licenses research when using your content. What you provide, shall we use as-is and you are held liable for the published work Penji submits back to you.
Responsibility for Your Content: You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
Permission to Use Your Content: By posting Your Content through our Dashboard or submitting them via Email, you grant Penji a license to use it. Penji will never claim ownership of your content, however we reserve the right to use published or unpublished work on our website and in advertising materials. You will still own exclusive rights to your content and any licenses you own remain yours. You simply grant us permission to use.
Rights You Grant Penji: By posting Your Content, you grant Penji a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote Penji.
Reporting Unauthorized Content: If content that you own or have rights to has been posted to the Services without your permission and you want it removed, contact us via email. If Your Content infringes another person’s intellectual property, we will remove it if we receive proper notice.
Inappropriate, False or Misleading Content: You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive or in violation of any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
FEES AND REFUNDS
You agree to pay the monthly fees specified during registration in full each month prior to any services being rendered by Penji under this Agreement. You further agree to authorize Penji to automatically charge your method method for the fee on each anniversary of your registration date, based upon your billing frequency (e.g. monthly, quarterly, annually). Your account and access to services and files may be suspended in the event of non-payment of applicable fees. You represent and warrant to Penji that such billing information is accurate, up to date, and that you’re authorized to make the payment.
You may cancel our services anytime either by contacting firstname.lastname@example.org or by speaking to a representative. After cancellation, we will keep your logins and account active so you can access all previously submitted files until the end of your current billing period. Penji reserves the right to change our pricing and offerings at any time without prior notice.
You qualify for a full refund within 14 days for any reason.
OWNERSHIP, COPYRIGHT, TRADEMARK, AND PROVIDED FILES
All design and original source files created while you are enrolled with us are yours to keep and own. You must provide our designers with sufficient content and instructions to complete the work. All files submitted to Penji must be owned by you and not be stolen from another entity. You are 100% responsible for all materials submitted to us to create designs for you. Even in completed design that we submit to you, we are not liable for any infringement on intellectual property rights.
You agree to indemnify, defend, and hold harmless Penji 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 (i) your breach of any of the terms of this Agreement, (ii) your use of the services provided pursuant to the Site, and (iii) infringement of third party’s intellectual property rights or other proprietary rights.
RELEASING COMPLETED WORK
We hold ourselves to a high standard of delivery and would never intentionally submit final files with errors to you. However in a rare event that you do receive a file with errors, please notify us promptly and we will do our best to quickly make the revisions and re-submit to you. Penji is not liable for any loss of business or loss of revenue incurred from errors in our design files. Please make sure you check the design before ordering print or finalizing for marketing.
All communication between you and any Penji representative are held confidential. We will not disclose your private information or project information with unauthorized users.
You may submit as many design requests as you humanly can and all requests will be stored on our management software and prioritized accordingly. Our team will work on one design at a time for you including revisions. In order for us to move onto the next project, your current project must be fully completed and approved before we can move onto the next project. You can also Pause or Cancel a project if you no longer wish for that project to be completed. Pausing or Canceling a project will instantly stop its production and allow our team to move onto the next project in line.
We reserve the right, but not the obligation to:
3RD PARTY WEBSITES AND CONTENT
Penji has not reviewed or approved all sites linked to its Internet web site. Penji is not responsible for any contents of any such linked websites. 3rd Party Links does not imply endorsement by Penji. Please use your best judgement and discretion when using such links.