Terms of Service
Terms and acceptance
By accessing and using the Getmycreative website (the “Site”) or using our services provided by Blank and White Studios, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions of Use between Getmycreative and you, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws in India. If you do not agree with any of these terms, you are prohibited from using or accessing this site or using Getmycreative’s services. The materials contained in this website are protected by applicable copyright and trademark law.
This Site is controlled and operated by Getmycreative, provided by Blank and White Studios, from its offices within India. Getmycreative makes 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 India are responsible for compliance with all applicable laws.
Ownership, trademarks & provided assets
At Getmycreative (by Blank and White Studios), we ensure that you own all graphics and files we create for you once payment is made in full. You will have access to all files related to your finished project, including source, working, and editable files as well as output files. We guarantee that we will never use any of these graphics or files for any purpose other than what you specifically state or grant us permission to use.
In order for us to create your designs, you will need to provide all copy to be used. By providing us with any materials, including text, digital files, or other information, you confirm that they are approved for use and not owned or trademarked by a third party. It is your responsibility to ensure that any materials provided can be legally used in your designs. We are not responsible for any license or trademark issues related to materials you provide, and you agree to indemnify, defend, and hold harmless Getmycreative and its affiliates, officers, members, managers, agents, successors, and assigns from and against any claims, demands, liabilities, damages, and costs arising out of or relating to your breach of any terms of this agreement, your use of our services, infringement of third-party intellectual property rights, or errors in the output provided by Getmycreative.
Disclaimer
The materials on Getmycreative’s website are provided “as is”. Getmycreative makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Furthermore, Getmycreative does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
Limitations
Getmycreative and its suppliers shall not be liable for any damages (including, without limitation, negligence, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Getmycreative’s website or from errors on the output provided by Getmycreative, even if Getmycreative or a Getmycreative authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. In no event shall the total liability of Getmycreative under this agreement exceed fifty dollars ($50), regardless of the cause of action, in tort, contract, or otherwise.
Revisions and data errata
The content displayed on Getmycreative’s website may contain technical, typographical, or photographic errors. We strive to ensure that all materials on our website are accurate, complete, and up-to-date, but we do not guarantee their accuracy or completeness. Getmycreative reserves the right to make changes to the content on our website at any time without prior notice. However, we do not have any obligation to update the content.
Links
Getmycreative (by Blank and White Studios) has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Getmycreative of the site. Use of any such linked website is at the user’s own risk.
Site terms of use modifications
Getmycreative (by Blank and White Studios) reserves the right to modify or update these terms of use for the website at any time without prior notice. Your continued use of the website after any modifications signify your acceptance of the updated Terms and Conditions of Use.
Governing law
Any claim relating to Getmycreative’s website shall be governed by the laws of India without regard to its conflict of law provisions.
Feedback
Any material, information, or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Delesign or its affiliates for any purpose whatsoever, including developing, manufacturing, and marketing products. Notwithstanding the foregoing, all personally identifiable information provided to Delesign will be handled in accordance with Delesign’s privacy policy. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
Fees, refunds and No-Risk Guarantee
As a subscriber to Getmycreative services provided by Blank and White Studios, you are required to pay the fees for the chosen subscription plan as specified during registration. The fees must be paid in full prior to any obligation of Blank and White Studios to perform under this agreement. By registering for the services, you authorize Blank and White Studios to charge your method of payment (e.g. credit card) for the fee on each anniversary of your registration date, based on your chosen billing frequency (e.g. monthly, quarterly, annually).
The payment of fees will be in such amounts and at such times as set forth by Blank and White Studios through information provided to you during the sign-up and registration process. Failure to pay applicable fees may result in suspension of your account and access to the services provided via the Site. You represent and warrant that the payment information provided by you is accurate and that you are authorized to use the payment instrument. You must promptly update your account information with any changes that may occur.
You may cancel your subscription with Getmycreative at any time. Upon cancellation, you will continue to have access to the services through the end of your paid billing term. Blank and White Studios may change its fees from time to time by posting the changes on the Site with 5 days’ prior notice, but with no advance notice required for temporary promotions or reductions in fees.
For the first subscription plan purchased, you may request a refund within the first 15 days. Any additional subscription plans will not be eligible for a refund. There are no refunds for partial subscription plans under any circumstances, including unused time on a plan. Promotions, upgrades, and adjustments to existing plans are non-refundable.
Please note that you, the client, are responsible for using Getmycreative after payment. Failure to use Getmycreative will not warrant a refund, neither in full nor in part.
IP Ownership / Use license
The material provided on this Site is protected by law, including without limitation, Indian Copyright law. The copyright in all material provided on this Site is held by Getmycreative by Blank and White Studios. Except as expressly permitted by Getmycreative, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of Getmycreative or the copyright owner.
Permission is granted to you to download and use the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials.
You may not:
Modify or copy the materials Use the materials for any commercial purpose, or for any public display (commercial or non-commercial) Attempt to decompile or reverse engineer any software contained on Getmycreative’s website Remove any copyright or other proprietary notations from the materials Transfer the materials to another person or “mirror” the materials on any other server This permission shall automatically terminate if you violate any of these restrictions and may be terminated by Getmycreative at any time. Upon termination of your permission, you must destroy any downloaded materials in your possession whether in electronic or printed format. Getmycreative reserves the right to terminate your account at any time for any reason, however under such cases you will be refunded for any days left under your subscription.
The materials on this Site are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in the applicable laws and regulations. Use of the Site by the Government constitutes acknowledgment of Getmycreative’s proprietary rights in them.
Abuse
Getmycreative by Blank and White Studios is designed for the reasonable use of a single individual from a non-creative based small business in India. Our service under one subscription is not meant to replace a full-time graphic designer, although multiple service subscriptions can always be purchased by you should you wish to have multiple Getmycreative designers working on your projects.
If we find that you are not in alignment with our model, violate our core values, or are abusing our services or team in any way, including using our services for illegal or adult/pornographic material, we reserve the right to cancel your account.
Your right to use the Getmycreative services shall terminate upon your breach of any term of this Agreement.
Non-Circumvention
You agree to not solicit or hire your Getmycreative designer outside of the Getmycreative platform. You may not pay your Getmycreative designer outside the Site or otherwise create any agreement with your Getmycreative designer outside of the offerings provided by Getmycreative.
You may opt-out of this obligation to not solicit or hire your Getmycreative designer outside of the Getmycreative platform by paying an opt-out fee for each such designer relationship (the “Opt-Out Fee”). The Opt-Out Fee is computed as the greater of (i) $24,000 or (ii) 25% of the anticipated annualized salary or wages for one year if the client offers employment directly. To pay the Opt-Out Fee, you must request instructions by sending an email message to sales@getmycreative.com.
If Getmycreative determines, in its sole discretion, that you have violated this Non-Circumvention section, Getmycreative or its Affiliates may, to the maximum extent permitted by law (x) charge your Payment Method the Opt-Out Fee (including interest) if permitted by law or send you an invoice for the Opt-Out Fee (including interest), which you agree to pay within 30 days, (y) close your Account and revoke your authorization to use the Site and Site Services, and/or (z) charge you for all losses and costs (including any and all time of Getmycreative’s employees) and reasonable expenses (including attorneys’ fees) related to investigating such breach and collecting such fees.
Output files
While we strive for perfection in all our creative design work, we understand that mistakes can happen. As such, we cannot guarantee that all files delivered by Getmycreative (by Blank and White Studios) will be 100% error-free. Once we deliver the files, it is your responsibility to review and proof them for any errors or omissions. If any changes or corrections are needed, please notify our team promptly and we will do our best to make the necessary edits in a timely manner.
Please note that Getmycreative (by Blank and White Studios) will not be held responsible or liable for any losses, damages, or expenses incurred as a result of errors or omissions in the delivered files. We appreciate your understanding and cooperation in ensuring the final product meets your expectations.
Sample work
By default, you agree to provide Getmycreative with a non-exclusive right and license to publish your work in our portfolio, social media, or other communication efforts. We will do our best to seek written permission before we post anything publicly. If you would like to revoke this right, please notify our team in writing to help@getmycreative.com.
Confidentiality
At Getmycreative by Blank and White Studios, we highly value the confidentiality of our clients’ information and business. All communication regarding your brand and business will be treated with the utmost confidentiality. We will not disclose any designs or confidential information provided to us with any third parties without your prior consent. We will only communicate with those individuals authorized on your account and will not share any information provided with anyone outside of our organization, in compliance with our Privacy Policy.
If necessary, we are willing to sign a Non-Disclosure Agreement (NDA) to provide an additional layer of confidentiality protection for our clients.
Work and delivery output
Getmycreative (by Blank and White Studios) provides you with an average of 2 hours of daily design allotment from your dedicated designer. While simple projects may be completed within one business day, more complex projects may require additional time. Please note that revisions may also increase the amount of time it will take to complete a project. We strive to meet all deadlines, but we cannot guarantee delivery times and we will not be held liable for any damages, expenses, or losses incurred from missed deadlines or from projects that take longer to complete than estimated.
Holiday work schedule
Our team at Getmycreative (by Blank and White Studios) is committed to delivering top-notch quality designs to you in a timely manner.
We operate during regular business hours from Monday to Friday, with observed holidays based on Philippine Time. If a holiday falls on a weekday in Pacific Time (US), we will be unable to provide any work during that time. However, we will ensure to notify you in advance of any observed holidays.
Our team will return after these holidays, fully recharged and eager to deliver the best quality designs for your business!
Creative rounds refined
A creative round is a measurement of creative output and what we are able to accomplish in a creative round depends on the complexity and total volume of your requests. A creative round begins when the request or revision is assigned to a designer, which occurs after you have submitted your design request. Your designer will then be notified of your request, and will review your submission immediately at the beginning of their shift. The designer’s shift depends on the shift schedule you have selected after making your purchase. If the request is unclear, vague, or missing required assets and information, your designer will contact you for clarification. Should everything be clear, they will begin working on your design. Simple designs will often be completed before the end of their shift (a turnaround of less than 12 hours), whereas more complex designs will take longer, determined by complexity. We will make every attempt to deliver a request according to your timelines, however there is no guarantee.
Digital Millennium Copyright Act (DMCA)
In the event that third-party materials are provided to Getmycreative, we do not scan such content for illegal or impermissible content. However, we respect the copyright interests of others and will not permit materials known to infringe another party’s copyright to remain on the site. If you believe any materials on our site infringe a copyright, please provide us with written notice that includes the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send all DMCA notices to help@getmycreative.com. We reserve the right to terminate relationships with third parties who repeatedly infringe the copyrights of others.
Review the knowledge base
Finally, you acknowledge that you have reviewed and understood the details of our tool’s scope of service as outlined in our knowledge base. You can access our knowledge base by contacting us at help@getmycreative.com.