Terms of Service

PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS YOUR RESPONSIBILITY, AS THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER, TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE AS OF 08/25/2022.

ACCEPTANCE OF TERMS

The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship between users and others interacting or interfacing with Thumbiz.net, and its subsidiaries and affiliates, in association with the use of the website, which includes www.Thumbiz.net, (the “Site”) and its Services, which shall be defined below. Thumbiz.net may also be referred to as “the Company” in this agreement.

DESCRIPTION OF WEBSITE SERVICES OFFERED

The Site is an e-commerce website wherein graphic design services are offered on a subscription basis.

The purpose of thumbiz.net is to provide graphic design services for social media influencers, MCNs (Multi-Channel Networks), media companies, television networks, online personalities, entrepreneurs, and others.

Any and all visitors to our site, regardless of whether they are registered or not, shall be considered as “users” of the Services provided for the purpose of this TOS. Once an individual registers for our Services, through the process of creating an account, the user shall then be considered a “member.”

The user and/or member acknowledges and agrees that the Services provided and made available through our website and applications, including some mobile applications, which may also be available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Thumbiz.net. At its discretion, Thumbiz.net may offer additional website Services and/or products, or update, modify, or revise any current content and Services. This Agreement shall apply to any and all additional Services and/or products and any updated, modified, or revised Services unless otherwise stipulated. Thumbiz.net reserves the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept, and agree that Thumbiz.net shall not be held liable for any such updates, modifications, revisions, suspensions, or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after the posting of any updates, changes, and/or modifications, shall constitute your acceptance of such updates, changes, and/or modifications. Therefore, it is recommended to frequently review this Agreement and any applicable terms and policies to ensure your awareness of the current terms in effect. If you disagree with the updated, revised, or modified terms, you must discontinue using the provided Services immediately.

Furthermore, the user and/or member understands, acknowledges, and agrees that the Services offered shall be provided “AS IS.” Therefore, Thumbiz.net shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion, and/or any failure to store user content, communication, or personalization settings.

GRAPHIC DESIGN SERVICES

Clients can place design service orders on a platform named "Slack." An individual becomes a Client when they have an active paid subscription.

The designs we create are exclusively intended for digital use. The design request options accessible on our home page and to clients upon logging in are all digital designs, crafted for use within the designated marketplace. Digital assets that we may procure (including, but not limited to, icons, fonts, and various graphic elements) for certain designs are licensed to us by third parties specifically for digital utilization.

Should a Client intend to utilize a design for anything beyond digital applications, they are required to notify us via email at thumbiz.net@gmail.com , providing specifications concerning the intended usage of the design. For instance, specific licensing may be necessary if an asset is to be featured in 100,000 printed copies of a book compared to 1,000,000 copies. Similar distinctions apply to shirts, flyers, or other print materials. The various mediums combined with diverse print formats necessitate a range of distinct licensing scenarios.

Clients desiring to use any of the designs we create for non-digital media should notify Thumbiz.net before placing the design request order.

If a Client has already submitted a design request order and intends to employ the design in formats other than print media, the Client should inquire about potential additional fees related to licensing the design elements for their print project.

Particular attention must be given when a design is intended for copyright or trademark application. Thumbiz.net should be informed before the design process if a client seeks to copyright or trademark a design. This ensures that any potential usage of design elements, including those from third parties, aligns with the Client's intended usage.

INFORMATION REQUIRED FROM CLIENT

Our designers at Thumbiz.net require any photos, images, icons, or logos that the Client wishes to incorporate into the design. Additionally, Clients explaining the desired aesthetic for the design is highly beneficial. The Client's contributions can be categorized into two segments: Assets and Context. Assets entail the elements intended for inclusion in the design, such as photos, graphics, logos, and fonts, if the Client wishes to utilize licensed fonts available for commercial purposes. Context refers to providing information on how the design assets should be employed, thereby enhancing the effectiveness of their utilization.

UPON RECEIVING A DESIGN ORDER

Upon receiving a design, if the Client is satisfied with it, they should notify Thumbiz.net, and the order will be designated as approved or completed. Should the Client appreciate the design but seek certain modifications, they can follow the prompts in the client portal to communicate the desired changes. Thumbiz.net will then work towards adapting the design to meet the Client's preferences. If, however, the Client believes that the design falls significantly short of their expectations and fails to capture their desired concept, they should promptly notify Thumbiz.net via the Client Portal or Customer Portal. In such cases, a revised design will be provided to the Client. Additional information or design examples may be requested by Thumbiz.net to ensure a better understanding of the Client's requirements.

TURNAROUND TIME

Thumbiz.net typically delivers design orders to clients within 24 hours. Please note that holidays, weekends, and unforeseen circumstances may occasionally extend this timeframe.

DESIGN ROLL OVER

Unused designs at the end of the billing period will not roll over to the following month. For instance, if a Client is subscribed to the Passion / 12 Design plan and has an unused design on April 2nd, this design will not carry over to the renewed plan on April 3rd. Instead, the available design count renews upon the plan's renewal on April 3rd.

GUARANTEE

Thumbiz.net guarantees the execution of the design work as per the Client's requests communicated via Slack. The Company commits to employing its talent, knowledge, and skills to create thumbnails that maximize the client's potential for success. However, Thumbiz.net cannot ensure an increase in the client's click-through rate or views, as such outcomes are beyond their control.

ASSETS

By submitting graphic assets to Thumbiz.net for use in the requested design, the Client certifies that they possess full permission to utilize said assets.

CLIENT APPROVAL

Upon acceptance of the Work, the Client assumes responsibility for any subsequent processes involving the use of this work. Thumbiz.net is accountable solely for delivering designs that the Company deems of high quality. Thumbiz.net is not liable for any actions resulting from the Client's utilization of the provided design work.

CONDUCT

As a user or member of the Site, you acknowledge and agree that all content, whether publicly or privately posted or transmitted, is the sole responsibility of the individual from whom it originated. In essence, you are exclusively accountable for any content posted, uploaded, emailed, transmitted, or otherwise shared through the Services. We do not guarantee the accuracy, integrity, or quality of such content. It is understood that your use of our Services may expose you to content that includes errors or omissions, and Thumbiz.net is not responsible for any loss or damage resulting from the use of such content.

Furthermore, you hereby agree not to utilize the Services of Thumbiz.net for the purpose of:

- Uploading, posting, emailing, transmitting, or otherwise making available any content that is deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another individual's privacy, or which is hateful, and/or racially, ethnically, or otherwise objectionable.
- Causing harm to minors in any manner.
- Impersonating any individual or entity, including, but not limited to, officials, forum leaders, guides, or hosts, or falsely stating or misrepresenting any affiliation with an individual or entity.
- Forging captions, headings, or titles or otherwise offering content for which you have no right pursuant to any law or any contractual or fiduciary relationship.
- Uploading, posting, emailing, transmitting, or otherwise offering content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party.
- Uploading, posting, emailing, transmitting, or otherwise offering content for which you have no personal right pursuant to any law or any contractual or fiduciary relationship.
- Uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," or any other form of solicitation, except in designated areas.
- Uploading, posting, emailing, transmitting, or otherwise offering any content that may contain software viruses or other computer code designed to interfere, destroy, or limit the operation of computer software, hardware, or telecommunication equipment.
- Disrupting the normal flow of communication or otherwise acting in a manner that negatively affects other users' participation in real-time interactions.
- Interfering with or disrupting any Thumbiz.net Services, servers, or networks connected to our website, including bypassing robot exclusion headers.
- Violating any local, state, federal, national, or international law, including regulations decreed by the U.S. Securities and Exchange Commission or rules of securities exchanges.
- Providing support or resources to organizations designated by the U.S. government as "foreign terrorist organizations."
- Engaging in "stalking" or harassment.
- Collecting or storing personal data related to any other member or user in connection with prohibited conduct and activities mentioned in the preceding paragraphs.

Thumbiz.net reserves the right to pre-screen, refuse, and/or delete any content available through our Services that violates the TOS or is offensive to visitors, users, and members.

Thumbiz.net reserves the right to access, preserve, and/or disclose member account information and/or content if requested by law or in good faith belief that such action is necessary for compliance with legal processes, enforcement of the TOS, responding to claims of content violations, requests for customer service, or protecting the rights, property, or personal safety of Thumbiz.net, its users, visitors, members, and the general public.

Thumbiz.net may incorporate security components to protect digital information or material, subject to usage guidelines and regulations established by Thumbiz.net or content providers. Attempting to override or circumvent embedded usage rules in our Services is prohibited. Unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, in whole or in part, is expressly prohibited.

INTERSTATE COMMUNICATION

Upon registration, you acknowledge that using www.thumbiz.net to send electronic communications, such as emails, searches, instant messages, and file uploads, results in interstate transmissions.

CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE

Due to the global nature of the internet, using our network implies your agreement to comply with local rules for online conduct and acceptable content. Uploading, posting, and transferring software, technology, and technical data may be subject to U.S. and other countries' export and import laws. By using our network, you agree to adhere to all applicable export and import laws, including the Export Administration Regulations and U.S. sanctions control program. Additionally, you affirm that you:

are not listed as prohibited individuals on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) and are not a member of any government from an export-prohibited country as identified in relevant export and import laws and regulations.
agree not to transfer any software, technology, or technical data through our network Services to any export-prohibited country.
agree not to use our website network Services for any purposes related to military, nuclear, missile, chemical, or biological weaponry that would violate U.S. export laws.
agree not to post, transfer, or upload any software, technology, or technical data that would violate U.S. or other applicable export and import laws.

CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES

Thumbiz.net does not claim ownership of any content submitted by visitors, members, or users, nor make such content available for inclusion on our website Services. Therefore, you grant Thumbiz.net the following worldwide, royalty-free, and non-exclusive licenses, as applicable:

- For content submitted or made available for inclusion on publicly accessible areas of Thumbiz.net’s sites, a license to use, distribute, reproduce, modify, adapt, publicly perform, and/or publicly display said content on our network Services for the purpose of providing and promoting the specific area to which this content was placed or made available.
- For photos, audio, video, and/or graphics submitted or made available for inclusion on publicly accessible areas of Thumbiz.net’s sites, a license to use, distribute, reproduce, modify, adapt, publicly perform, and/or publicly display said content on our network Services for the purpose of providing and promoting the specific area to which this content was placed or made available.
- For any other content submitted or made available for inclusion on publicly accessible areas of Thumbiz.net’s sites, a continuous, binding, and sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and/or publicly display said content, whether in whole or in part, and to incorporate such content into other works in any arrangement or medium currently used or later developed.
Areas deemed "publicly accessible" on Thumbiz.net’s sites are those available to the general public, including message boards and groups. Areas not open to the public and accessible only to members include our mail system and instant messaging.

CONTRIBUTIONS TO COMPANY WEBSITE

When you submit Contributions (ideas, documents, suggestions, proposals) to Thumbiz.net's site, you acknowledge and agree that:

- Your contributions do not contain confidential or proprietary information.
- Thumbiz.net is not liable or under any obligation to maintain confidentiality regarding Contributions.
- Thumbiz.net is entitled to use and disclose Contributions as it sees fit.
- Contributions automatically become the sole property of Thumbiz.net.
- Thumbiz.net is not obligated to compensate or reimburse contributors in any manner.

INDEMNITY

Users and members agree to hold Thumbiz.net, its subsidiaries, affiliates, agents, employees, officers, partners, and licensors harmless from any claims or demands, including reasonable attorney fees, made by third parties arising from content submitted, posted, modified, or transmitted through our Services, use of our Services, or connection to these Services, as well as violations of the Terms of Service or the rights of others.

COMMERCIAL REUSE OF SERVICES

Members and users agree not to commercialize any part of Thumbiz.net's sites, including replicating, duplicating, copying, trading, selling, reselling, or exploiting access to our Services for commercial purposes.

USE AND STORAGE GENERAL PRACTICES

You acknowledge that Thumbiz.net may establish practices and limits for using our Services, including email retention, maximum message volumes, disk space allocation, and access frequency. You agree that Thumbiz.net has no responsibility or liability for the removal or failure to store messages or content. Thumbiz.net reserves the right to delete or remove inactive accounts.

Messenger services allow you and others to save conversations on your account. You acknowledge that others may save conversations with you in their accounts. Thumbiz.net stores communications on its servers as per your agreement with this TOS.

MODIFICATIONS

Thumbiz.net reserves the right to modify, alter, or discontinue its services, or any part thereof, temporarily or permanently, with or without notice. Thumbiz.net shall not be held liable to you or any third party for such changes.

As a member, you agree that Thumbiz.net may, without prior written notice, suspend, terminate, discontinue, or limit your account, associated email, and access to our Services. Reasons for such actions may include, but are not limited to:

- Breach or violation of our TOS or any incorporated agreement, regulation, or guideline.
- Requests from law enforcement or governmental agencies.
- Discontinuance, alteration, or material modification of our Services or any part thereof.
- Unexpected technical or security issues.
- Extended periods of inactivity.
- Engagement in fraudulent or illegal activities.
- Nonpayment of associated fees owed for your Thumbiz.net account Services.

You agree that any terminations, suspensions, discontinuances, or access limitations for cause will be at our sole discretion, and we shall not be liable to you or any third party for such actions.

The termination of your Thumbiz.net account may include:

- Removal of access to Services.
- Deletion of your password and related information, files, and content associated with your account.
- Disallowing further use of all or part of our Services.

ADVERTISERS

Any correspondence, business dealings, or participation in promotions with advertisers on our Services, including payment and delivery of goods or services, are solely between you and the advertiser. Thumbiz.net is not responsible or liable for any loss or damage resulting from such dealings or the presence of advertisers on our website.

LINKS

Thumbiz.net or third parties may provide links to other websites and resources. You acknowledge that we are not responsible for the availability of external sites or resources, and we do not endorse or accept liability for content, products, advertising, or materials on such sites. Thumbiz.net shall not be responsible for any damage or loss resulting from your use of or reliance on any such content, goods, or services.

PROPRIETARY RIGHTS

You acknowledge that Thumbiz.net's Services and any associated software contain proprietary and confidential material protected by intellectual property rights and laws. Content in advertisements and information presented by our Services or advertisers is protected by copyrights, trademarks, patents, or other proprietary rights. Except where expressly permitted by applicable law or as authorized by Thumbiz.net, you agree not to alter, modify, lease, sell, distribute, transmit, publicly perform, or create plagiaristic works based on Thumbiz.net Services (e.g., Content or Software).

You have a personal, non-transferable, non-exclusive license to use the object code of our Software on a single computer, as long as you don't allow third parties to duplicate, alter, reverse engineer, or attempt unauthorized access to the Software. Unauthorized reproduction, distribution, or exhibition of information or materials from our Services is prohibited.

WARRANTY DISCLAIMERS

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

- USE OF THUMBIZ.NET SERVICES AND SOFTWARE IS AT YOUR SOLE RISK.
- SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
- THUMBIZ.NET AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- THUMBIZ.NET MAKES NO WARRANTIES THAT SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, ACCURATE, OR RELIABLE.
- THUMBIZ.NET MAKES NO WARRANTIES ABOUT PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS PURCHASED OR OBTAINED THROUGH SERVICES OR SOFTWARE.
- DOWNLOADING OR OBTAINING INFORMATION OR MATERIAL THROUGH SERVICES IS AT YOUR DISCRETION AND RISK, AND YOU'RE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER OR LOSS OF DATA.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, FROM THUMBIZ.NET SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- SOME USERS MAY EXPERIENCE EPILEPTIC SEIZURES FROM CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN WHILE USING OUR SERVICES. CONSULT A PHYSICIAN IF YOU HAVE EPILEPSY SYMPTOMS.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT THUMBIZ.NET, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. THIS INCLUDES LOSS OF PROFITS, GOODWILL, USE, DATA, AND OTHER INTANGIBLE LOSSES, EVEN IF WE'VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE DAMAGES MAY ARISE FROM:

- USE OR INABILITY TO USE OUR SERVICE.
- COST OF OBTAINING SUBSTITUTE GOODS AND SERVICES.
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS AND DATA.
- STATEMENTS OR CONDUCT OF THIRD PARTIES ON OUR SERVICE.
- OTHER MATTERS RELATED TO OUR SERVICE.

RELEASE

You agree to release Thumbiz.net and its officers, directors, employees, agents, affiliates, and partners from claims, demands, and damages of any kind, known or unknown, arising from disputes with other users or third parties.

SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS

For financial information, "Let the investor beware." Content provided by Thumbiz.net is for informational purposes only. We're not responsible for the accuracy, usefulness, or availability of information transmitted through our Services for trading or investing purposes.

EXCLUSION AND LIMITATIONS

Some jurisdictions may not allow exclusion of certain warranties or limitation of liability for certain damages. Therefore, some limitations in sections Warranty Disclaimers and Limitation of Liability may not apply to you.

THIRD-PARTY BENEFICIARIES

No third-party beneficiaries exist in this agreement, except where expressly provided in this TOS.

NOTICE

Thumbiz.net may provide notices through email, regular mail, MMS, SMS, postings on our Services, or other reasonable means. If you violate TOS by accessing Services unauthorized, you may not receive notices. Your acceptance of TOS means you've received any notices that would have been delivered through authorized access.

TRADEMARK INFORMATION

All Thumbiz.net trademarks, copyright, trade names, service marks, logos, and brand features are our property. You agree not to display or use Thumbiz.net marks without written consent.

Thumbiz.net respects intellectual property rights and expects its users to do the same. In circumstances deemed appropriate and at its sole discretion, Thumbiz.net may disable or terminate accounts of users who violate our TOS or infringe others' rights. If you believe your work has been copied in a way that constitutes copyright infringement or if your intellectual property rights have been otherwise violated, please provide us with the following information:

1. An electronic or physical signature of the copyright owner or authorized representative.
2. Description of the copyrighted work or intellectual property believed to be infringed.
3. Description of where the alleged infringing content is located.
4. Your physical address, telephone number, and email.
5. A statement that the disputed use is unauthorized by the copyright owner, its agents, or the law.
6. A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf.

Contact our Agent for claims of copyright or intellectual property infringement:

Email: support@thumbiz.net

CLOSED CAPTIONING

Thumbiz.net complies with FCC rules on closed captioning of video content. For details, visit www.thumbiz.net.

GENERAL INFORMATION

ENTIRE AGREEMENT

This TOS is the full agreement between you and Thumbiz.net, governing use of our Services, and replaces prior versions. Additional terms may apply to specific Services, affiliate Services, third-party content, or software.

CHOICE OF LAW AND FORUM

Both parties agree that this TOS is governed by Idaho state laws without regard to conflict of law provisions. Any claims, actions, or disputes related to this TOS or the relationship with Thumbiz.net shall be filed within Ada County, Idaho, or the U.S. District Court in the state. You and Thumbiz.net submit to the jurisdiction of these courts and waive objections to jurisdiction and venue.

WAIVER AND SEVERABILITY OF TERMS

Thumbiz.net's failure to enforce any provision doesn't waive its right to do so. If a provision is found invalid, the parties intend the court to give effect to their intentions. The remaining provisions remain valid.

NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY

You agree your account isn't transferable, and rights to your account terminate upon your death. After receiving a death certificate copy, the account and its contents may be terminated and deleted.

STATUTE OF LIMITATIONS

Regardless of contrary statute or law, any claim or action related to TOS or Service use must be filed within 5 years of the claim's cause or action, or it's forever barred.

VIOLATIONS

Report TOS violations to Thumbiz.net at:

Email: thumbiz.net@gmail.com