RETURN POLICY

Please note all sales are final. All digital products, graphic products and custom graphics ( logos, cartoons, lightroom presets, photoshop, web projects ETC…) are not subjected to return due to the nature of the product. All Print on demand products will be delt with through customer service to rectify the situation. If you have any questions please contact support.

TERMS OF SERVICE

Services will be rendered to all that want my products unless I do not accept the project or cancel the project. AI is used in most to all products created. Copy Rights are not the default of products. If there is a sense or pattern of scamming and foul play with your Kyle Marino order or your account. The order or account will be flagged and no service will be provided. Fulfillment Of on demand printing orders will take 2-5 days to create and 2-7 days of shipping depending on location. ( these are estimated times it could be shorter or longer depending on the item ordered and location of the shipment). I work with factories printing all over the country and world so please note we will be closer then you think. Digital products are nonrefundable at any point in time.

PRIVACY POLICY

Please understand digital products are worked on by AI and Kyle Marino. Any use of these graphics / products for harmful reasons and illegal use will be condemned by Kyle Marino! I am not responsible for the graphic after customer receives it! This may also lead to legal action depending on the seriousness of the action! Emails used to check out will be by Kyle Marino to promote products and art coming up! I do not share payment information with anyone other then the services that run the transactions!

TERMS & CONDITIONS

PRICE AND PAYMENT TERMS: Client agrees to pay Kyle Marino the amount(s) set for in the statement of work. Reimbursable items (e.g. stock imagery, website plugins, etc) will be pre-approved by Client and will be due upon receipt of invoice. Kyle Marino is entitled to all costs and attorney fees incurred in collecting payment under this Agreement.

MUTUAL INDEMNIFICATION: The Parties shall defend, indemnify, and hold the other Party, its subsidiaries or affiliates, and it’s or their shareholders, directors, officers, employees or agents (collectively, the “Indemnified Parties”) harmless for any claim made or suit or proceeding brought against a Party (including, but not limited to, claims that the one of the Parties infringed intellectual property rights of another), including payment of any and all losses, judgments, awards, and costs (including reasonable legal fees and expenses), arising out of or related to any claim based upon the other Party’s wrongful acts or omissions in connection with these terms and conditions and statement of work.

CHANGES: The Client shall be responsible for making additional payments for changes requested by the Client to the original assignment and agreed to in writing by Client and Kyle Marino. However, no additional payment shall be made for changes required to conform to the original assignment description. All changes to scope and price must be agreed upon in writing between the Client and Kyle Marino prior to execution of changes and additional costs being charged to the Client.

CANCELLATION: Either party may terminate this assignment by providing not less than five (5) days written notice to the other party. In the event of cancellation of this assignment, ownership of all copyrights ( If Copy Rights Apply to the project ) and the original artwork shall be transferred to Client for any work completed up to the date of cancellation. Client shall pay for all work and expenses based on the contract price and expenses already incurred up to the date of cancellation. 

COPY RIGHTS: Projects that have Ai used in them in may not be able to be copy righted. Fully AI generated content will never be copy righted. Not being able to copy right Ai work is due to the nature of the creation of the product. Custom jobs may be able to be copy righted which will needed to have been discussed before the project start.

EXPENSES: The Client shall reimburse the Kyle Marino for all reasonable expenses arising from this assignment, including the payment of any sales taxes or other government fees due to this assignment. Expenses greater than $250 must be approved by Client in writing, including client-requested travel.

SEVERABILITY: The terms and provisions of this Agreement are severable, and should any term or provision hereof be declared or determined by any court or other governmental body or organization to be void, voidable or unenforceable under any applicable law, such void, voidable or unenforceable term or provision shall not affect or invalidate any other term or provision of this Agreement, which shall continue to govern the relative rights and duties of the parties as though the void, voidable or unenforceable term or provision were not a part of this Agreement. In addition, it is the intention and agreement of the parties that all terms and conditions hereof be enforced to the fullest extent permitted by the law.

OWNERSHIP: To the extent that Kyle Marino has received payment of compensation as provided in this Agreement and the applicable statement of work, all selected final materials, artwork and/or digital deliverables produced by Kyle Marino, its employees, agents or assistants specifically for Client will be owned by Client. All work performed for Client by Kyle Marino shall be considered “work for hire.”   

PORTFOLIO RIGHTS: Kyle Marino retains the nonexclusive, perpetual and worldwide right to display, reproduce and distribute the designs in Kyle Marino’s portfolio and website, and third-party trade publications, awards or exhibits, solely for the purpose of promoting or exemplifying Kyle Marino’s work, and the right to be credited with copyright ownership and authorship of the designs in connection with such use. 

CONFIDENTIAL INFORMATION: All information relating to Client that is known to be confidential or proprietary, or which is clearly marked as such, shall be held in confidence by Kyle Marino.

Only applies if AI is requested not to be used on the project. WARRANTY OF ORIGINALITY: The Kyle Marino warrants and represents that, to the best of his/her knowledge, the work assigned hereunder is original and has not been previously published, or that consent to use has been obtained on an unlimited basis; that all work or portions thereof obtained through the undersigned from third parties is original or, if previously published, that consent to use has been obtained on an unlimited basis; Kyle Marino has full authority to make this agreement; and that the work prepared by Kyle Marino does not contain any scandalous, libelous, or unlawful matter. This warranty does not extend to any uses other than as stated in this document (“Intended Use”).  This warranty does not extend to any changes that the Client or others may make to the Vendor’s product that may infringe on the rights of others. Client expressly agrees that it will hold Kyle Marino harmless for all liability caused by the Client’s use of Kyle Marino’s product beyond either the Intended Use or due to changes Kyle Marino’s product, to the extent such use infringes on the rights of others. Kyle Marino expressly agrees that it will hold the Client, its officers and employees, harmless from any of Kyle Marino’s products or services that infringes upon the rights of others. AI is used on all projects unless requested not to be.

LIMITATION OF LIABILITY: Client agrees that it shall not hold Kyle Marino or his agents or employees liable for any incidental or consequential damages that arise from the Vendor’s failure to perform any aspect of the Project in a timely manner, unless such failure was caused by intentional or negligent acts of the Kyle Marino or a third party.

REMEDIES: In the event of a breach or threatened breach of this Agreement, Kyle Marino shall be entitled to a temporary and/or permanent injunction restraining such breach, and the prevailing party in any such action shall further be entitled to recover all attorneys fees reasonably incurred in establishing such violations of this Agreement and any damages. In addition to the foregoing injunctive relief, in the event of Client’s breach of this Agreement, Kyle Marino shall be entitled to all other remedies available to it under law or in equity.

DISPUTE RESOLUTION: Any disputes arising out of this Agreement shall be submitted to binding arbitration before a mutually agreed­ upon arbitrator pursuant to the rules of the American Arbitration Association. The Arbitrator’s award shall be final, and judgment may be entered in any court having jurisdiction thereof. The non-prevailing party in any dispute shall pay all arbitration and court costs, reasonable attorney’s fees, and legal interest on any award of judgment in favor of the prevailing party.

ANALYTICS: Client agrees that Kyle Marino can install Google Analytics or any web based tracking system to monitor the success of the product or service (if projects are web related). Client also agrees Kyle Marino may access this account. Client reserves the right at any point to revoke this right and Kyle Marino agrees it will comply.

MUTUAL NON-DISCLOSURE: Client and/or Kyle Marino (“Receiving Party” and/or “Disclosing Party”) shall hold and maintain all confidential information in strictest confidence for the sole and exclusive benefit of the Disclosing Party. Receiving party shall carefully restrict access to confidential information to employees, contractors, and third parties as is reasonably required and shall require those persons to sign nondisclosure restrictions at least as protective as those in this Agreement. Receiving Party shall not, without prior written approval of Disclosing Party, use for Receiving Party’s own benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of Disclosing Party, any confidential information. Receiving Party shall return to Disclosing Party any and all records, notes, and other written, printed, or tangible materials in its possession pertaining to Confidential Information immediately if Disclosing Party requests it in writing.

NON-SOLICITATION: During the term of this Agreement, and for a period of two years after the termination thereof, or for a period of two years from the last date Kyle Marino does any work for Client, whichever is later, Client (including its officers, owners, managers, subsidiaries, parents and affiliates) will not, either directly or indirectly:

Interfere with the business relationship between Kyle Marino and any of its employees or contract laborers, or prospective business relationships with prospective employees or prospective contract laborers;

Solicit the employment of any prospective, current or former employee of Kyle Marino or induce or recruit any prospective, current or former employee of Kyle Marino;

Solicit the services of any prospective, current or former contract laborer of Vendor or induce or recruit any contract laborer of Kyle Marino;

Hire any prospective, current or former employee of Kyle Marino; or 

Hire any prospective, current or former contract laborer of Kyle Marino.