TERMS OF USE

Nox + Quills Creative offers branding and logo design services. Nox + Quills Creative is legally founded as a business in Arizona.

Nox + Quills Creative offers an online platform on www.n oxandquillscreative.com and both online and offline branding services. Nox + Quills Creative is also registered to offer digital products, printed goods, and more. Nox + Quills Creative can change and expand its range of products and services at all times.

These Terms of Use (“Agreement”) sets forth the legally binding terms for your use of the services of Nox + Quills Creative. By using the services of Nox + Quills Creative, whether as a “Visitor” (meaning you simply browse the website) or as a “User” (meaning you have submitted content to the website of Nox + Quills Creative either as an individual or as a company), you agree to be bound by this Agreement and the Privacy Policy of Nox + Quills Creative located at www.noxandquillscreative.com/privacy-policy.

If you are a EU citizen, please be aware that our Privacy Policy has been updated to comply to the new GDPR legislation. This is a more extensive legislation to protect the processing and use of your data when you use our website or purchase a product or service.

This Agreement includes your rights, obligations and restrictions regarding your use of the services of Nox + Quills Creative, please read it carefully. If you do not agree with the Terms of this Agreement, you should leave the website of Nox + Quills Creative and discontinue use of the services of Nox + Quills Creative immediately. If you wish to become a User, submit content, video or images, and generally make use of the services of Nox + Quills Creative, you must read this Agreement and indicate your acceptance during the content submission process.

Nox + Quills Creative may modify this Agreement from time to time and each modification will be effective when it is posted on the website of Nox + Quills Creative. You agree to be bound to any changes to this Agreement through your continued use of the services of Nox + Quills Creative. You will not be notified of any modifications to this Agreement so it is important that you review this Agreement regularly to ensure you are updated as to any changes.

THIS AGREEMENT PERMITS YOU ONLY TO SUBMIT PHOTOS OR OTHER CONTENT THAT YOU OWN THE COPYRIGHT TO OR OTHERWISE HAVE THE RIGHT TO PUBLISH. BY SUBMITTING PHOTOS OR OTHER CONTENT THAT YOU DO NOT OWN THE COPYRIGHT TO OR DO NOT OTHERWISE HAVE THE RIGHT TO PUBLISH, YOU MAY SUBJECT YOURSELF TO LEGAL LIABILITY (SEE E.G., SECTIONS 4 - 6 BELOW). IT IS YOUR RESPONSIBILITY TO ENSURE YOU HAVE ADEQUATE RIGHTS TO PUBLISH ALL PHOTOS AND OTHER CONTENT YOU SUBMIT.

1. ELIGIBILITY.

You must be eighteen (18) years of age or over to be a Visitor or User of Nox + Quills Creative. By registering, you (i) represent and warrant that you have the right, authority, and capacity to enter into and to fully abide by all of the terms and conditions of this Agreement, and (ii) agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Nox + Quills Creative and all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

2. TERM.

This Agreement shall remain in full force and effect while you use Nox + Quills Creative. Nox + Quills Creative may terminate your use of their website or their services, in its sole discretion, for any reason or no reason whatsoever, at any time, without warning or notice to you. A notice will be given if it concerns the termination of a paid product or service that was supposed to be delivered to you.

3. NON-COMMERCIAL USE.

The services of Nox + Quills Creative are for the personal use of Visitors and Users only and may not be used by you in connection with any commercial endeavors except those that are specifically endorsed or approved by Nox + Quills Creative. Illegal and/or unauthorized use of the services of Nox + Quills Creative, including collecting usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to Nox + Quills Creative's website is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of the services of Nox + Quills Creative.

4. USER CONTENT.

Nox + Quills Creative does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “User Content”) that you submit to Nox + Quills Creative. You represent and warrant that you own the User Content submitted by you or that you otherwise have sufficient right, title and interest in and to such User Content to grant Nox + Quills Creative the licenses and rights set forth below without violating, infringing or misappropriating the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any User Content you submitted to Nox + Quills Creative's website.
After submitting User Content to the services of Nox + Quills Creative, you continue to retain such rights in such User Content as you held prior to posting such User Content on the services of Nox + Quills Creative and you continue to have the right to use your User Content in any way you choose. However, by displaying or publishing (“posting”) any User Content on or through the services of Nox + Quills Creative, you hereby grant Nox + Quills Creative a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use, display, reproduce, adapt, modify (e.g., re-format), re-arrange, and distribute your User Content through any media now known or developed in the future. Photographs used on the services of Nox + Quills Creative or in any publication of Nox + Quills Creative will include attribution to the photographer and/or copyright holder. As part of the non-exclusive license you grant to Nox + Quills Creative, you agree to allow other Users of the services of Nox + Quills Creative to add your User Content to their inspiration boards or moodboards, provided that such use is for non-commercial purposes and private use only.
Without this license, Nox + Quills Creative would be unable to provide their services or its publications. For example, the license you grant to Nox + Quills Creative is non-exclusive (meaning you are free to license your Content to anyone else in addition to Nox + Quills Creative), fully-paid and royalty-free (meaning that Nox + Quills Creative is not required to pay you for the use of the User Content that you post), sub-licensable (so that Nox + Quills Creative is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the services of Nox + Quills Creative), and worldwide (because the Internet and the services of Nox + Quills Creative are global in reach).
This license will terminate at the time you remove your User Content from the services of Nox + Quills Creative except as to any User Content that Nox + Quills Creative has sub-licensed prior to your removal of your User Content from the services of Nox + Quills Creative, which license shall continue in perpetuity. To remove User Content, please send a request to info@noxandquillscreative.com and include a brief description of the item(s) to be removed along with a URL of the item(s) current location on Nox + Quills Creative's Website. We will remove the item(s) as quickly as possible.
The services of Nox + Quills Creative contain Content owned by Nox + Quills Creative ("Own Content"). Own Content is protected by copyright, trade secret and other laws, and Nox + Quills Creative owns and retains all rights for both their Own Content and their services. Nox + Quills Creative hereby grants you a limited, revocable, non sub-licensable license to view the Own Content (excluding any software code) solely for your personal use in connection with viewing their website and using their services. Without limiting the generality of the foregoing, you agree that you shall not copy, modify, translate, publish, broadcast, transmit, license, sublicense, assign, distribute, perform, display, or sell any Own Content appearing on or through the services of Nox + Quills Creative.
The services of Nox + Quills Creative contain Content of other Users and other licensors (“Third Party Content”) and you are permitted to access the Third Party Content solely for your personal use in connection with viewing the website and services of Nox + Quills Creative. Without limiting the generality of the foregoing, you agree that you shall not copy, modify, translate, publish, broadcast, transmit, license, sublicense, assign, distribute, perform, display, or sell any Third Party Content appearing on or through the services of Nox + Quills Creative.

5. CONTENT SUBMITTED.

Please choose carefully the User Content that you submit to Nox + Quills Creative and that you provide to other Users as you are solely responsible for your User Content and for any liability that may result from the User Content you post. You expressly agree that you will not submit any User Content that violates this Agreement or that is contrary to the purposes of the services of Nox + Quills Creative, that may be offensive, illegal or violate the rights of, harm, or threaten the safety of any person, or that presents any business or individual in a negative light. You further agree that you will not submit any photographs or video containing nudity, or obscene, lewd, violent, harassing, libellous, sexually explicit or otherwise objectionable subject matter or any content owned by third parties for which you do not have the right to post, display or publish.
Nox + Quills Creative reviews all User Content that is submitted to Nox + Quills Creative. Despite our reasonable efforts to ensure that all User Content is consistent with the purposes of the services of Nox + Quills Creative, we cannot fully control all User Content that is posted to Nox + Quills Creative. If you become aware of any inappropriate User Content on the services of Nox + Quills Creative or any misuse of the services of Nox + Quills Creative by any person, please contact info@noxandquillscreative.com.
Nox + Quills Creative reserves the right, in its sole discretion, to reject, refuse to post or remove any User Content you provide, or to restrict, suspend, or terminate your access to all or any part of the services of Nox + Quills Creative at any time, for any reason or for no reason, with or without prior notice, and without liability to you or any third party.

6. PROHIBITED CONTENT.

Nox + Quills Creative reserves the right, in its sole and absolute discretion, to determine whether User Content is appropriate for the services of Nox + Quills Creative and to remove any User Content, without notice or liability to you, which it determines to be inappropriate. Without limiting the generality of the foregoing, the following is a partial list of the types of User Content that Nox + Quills Creative deems to be inappropriate:

Content that criticises a business or individual beyond that of merely offering an opinion;
Content that harasses or advocates harassment of another person;
Content that exploits people in a sexual or violent manner;
Content that contains nudity, violence, or offensive subject matter or contains a link to an adult website;
Content that includes racially, ethically, or otherwise objectionable language;
Content that is libellous, defamatory, or otherwise tortious language;
Content that solicits personal information from anyone under 18;
Content that promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
Content that promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
Content that involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing, instant messaging, “spimming”, or “spamming”;
Content that contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
Content that furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
Content that solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
Content that involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; and
Content that includes a photograph of another person that you have posted without that person’s consent.

Nox + Quills Creative’s right to remove inappropriate User Content shall not be its sole right with respect to inappropriate User Content and Nox + Quills Creative expressly reserves the right to investigate and take appropriate legal action against anyone who, in Nox + Quills Creative’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.

7. PROHIBITED ACTIVITY.

You expressly agree that you are prohibited from engaging in, and will not engage in, the following prohibited activities in connection with your use of the services of Nox + Quills Creative:

copying, modifying, translating, publishing, broadcasting, transmitting, licensing, sub-licensing, assigning, distributing, performing, publicly displaying, or selling any Third Party Content or Own Content appearing on or through the services of Nox + Quills Creative;
criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
any automated use of the system, such as using scripts to add comments or messages;
interfering with, disrupting, or creating an undue burden on the services of Nox + Quills Creative or the networks or services connected to the services of Nox + Quills Creative;
attempting to impersonate another User, person, or representative of Nox + Quills Creative;
using any information obtained from the services of Nox + Quills Creative in order to harass, abuse, or harm another person;
accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the services of Nox + Quills Creative on behalf of that person; or
using the services of Nox + Quills Creative in a manner inconsistent with any and all applicable laws and regulations.

8. COPYRIGHT POLICY.

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to Nox + Quills Creative or others (including without limitation Third Party Content or Own Content) without obtaining the prior written consent of the owner of such copyrighted material, trademarks, or other proprietary information. If we become aware that one of our users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate that user.

Without limiting the foregoing, if you believe that your work has been copied and posted on the services of Nox + Quills Creative in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the services of Nox + Quills Creative; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf. Send this information to the following address:

Nox and Quills Creative, LLC
c/o Arizona Statutory Agent Services, LLC
Attn: Carlton Casler
12725 W. Indian School Road, Suite E-101
Avondale, Arizona 85392.

9. PRIVACY.

Use of the services of Nox + Quills Creative is also governed by our Privacy Policy, located at www.noxandquillscreative.com/privacy-policy and incorporated into this Agreement by this reference. As mentioned in the first few paragraphs, our Privacy Policy has been updated to comply with the GDPR regulations. Please read through them carefully, especially if you are a EU citizen.

10. PROMOTIONS AND GIVEAWAYS.

From time to time, Nox + Quills Creative will offer sweepstakes, promotions or giveaways on behalf of third parties. Each promotion or giveaway will have its own rules that will disclose what information is gathered, how that information is used, and who that information shared with. Nox + Quills Creative encourages you to review such information prior to engaging with each sweepstakes, promotion or giveaway. The amount of third-parties involved will always be limited in order to contain the information that is exchanged between the different parties.

11. DISCLAIMER OF WARRANTIES.

The services of Nox + Quills Creative are provided to you based on the current availability with no representations or warranties of any kind, aside those warranties which are applicable by law. Use your best judgement and exercise caution where appropriate.

Without limiting the generality of the foregoing, Nox + Quills Creative is not responsible for any incorrect or inaccurate Content posted on the website of Nox + Quills Creative or in connection with the services of Nox + Quills Creative. User Content created and posted on Nox + Quills Creative's Website may contain links to other websites. Nox + Quills Creative is not responsible for the accuracy or opinions contained in User Content or on third party websites linked from User Content. Such websites are in no way investigated, monitored or checked for accuracy or completeness by Nox + Quills Creative. Inclusion of any linked website on the services of Nox + Quills Creative does not imply approval or endorsement of the linked website by Nox + Quills Creative. When you access these third-party sites, you do so at your own risk.

Nox + Quills Creative is not responsible for the conduct, whether online or offline, of any User of the services of Nox + Quills Creative. Nox + Quills Creative assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication or any Content. Nox + Quills Creative is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the services of Nox + Quills Creative or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the services of Nox + Quills Creative.

Under no circumstances shall Nox + Quills Creative be responsible for any loss or damage, including personal injury or death, resulting from use of the services of Nox + Quills Creative, attendance at an event hosted by Nox + Quills Creative, from any Content posted on or through the services of Nox + Quills Creative, or from the conduct of any Users of the services of Nox + Quills Creative, whether online or offline. Nox + Quills Creative cannot guarantee and does not promise any specific results from use of the services of Nox + Quills Creative.

12. LIMITATION OF LIABILITY.

IN NO EVENT SHALL NOX + QUILLS CREATIVE, OR ANY PERSON HANDLING IN THE NAME OF NOX + QUILLS CREATIVE, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF NOX + QUILLS CREATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NOX + QUILLS CREATIVE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, PAID BY YOU TO NOX + QUILLS CREATIVE FOR THE USE OF THEIR SERVICES DURING THE TERM OF YOUR USE.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NOX + QUILLS CREATIVE SHALL NOT BE LIABLE FOR USER CONTENT OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS MAY NOT APPLY TO YOU.

13. SPECIAL ADMONITIONS FOR INTERNATIONAL USE.

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

14. DISPUTES; CHOICE OF LAW; VENUE.

If there is any dispute about or involving the services of Nox + Quills Creative, you agree that the dispute shall be governed by the United States Law, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in Phoenix, Arizona. You hereby waive to the maximum extent permitted by applicable law, any claim that such courts constitute an inconvenient venue. The prevailing party in any action brought in connection with this Agreement shall be entitled to an award of attorneys’ fees and costs incurred by the prevailing party in connection with such action.

15. INDEMNITY.

You agree to indemnify and hold harmless Nox + Quills Creative, and any other representative of Nox + Quills Creative, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, including but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of your use of the services of Nox + Quills Creative in violation of this Agreement and/or arising from: (i) your use of and access to Nox + Quills Creative's Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defence and indemnification obligation will survive these Terms of Use and your use of the website and services of Nox + Quills Creative.

16. ACCEPTANCE OF THIS AGREEMENT

This Agreement is accepted upon your use of the website or any of the other services of Nox + Quills Creative. Specific consent will be requested when submitting any personal data.

This document was last updated on June 5th, 2018.