Terms & Conditions
TERMS AND CONDITIONS
These terms and conditions (the "Terms and Conditions") govern the use of trucreativesonline.com (the "Site"). This Site is owned and operated by Tru Creatives Online. This Site is an ecommerce website.
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.
Intellectual Property
All content published and made available on our Site is the property of Tru Creatives Online and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our Site.
Accounts
When you create an account on our Site, you agree to the following:
You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
Sale of Goods And Services
These Terms and Conditions govern the sale of goods and services available on our Site.
The following goods are available on our Site:
Logo Design Files;
Business Card Design Files;
Digital Marketing Files;
Social Media Design Files;
Promo Videos;
Website Setup;
Marketing Consultation;
YouTube Consultation;
Product Label Design Files; and
Video Editing Services.
The following services are available on our Site:
Consultation;
Training;
Website Setup;
Video Editing; and
Marketing Ads.
The services will be paid for in full when the services are ordered.
These Terms and Conditions apply to all the goods and services that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods and services are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods and services we provide. You agree to purchase goods and services from our Site at your own risk.
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
Payments
We accept the following payment methods on our Site:
Credit Card;
PayPal; and
Debit.
When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
Refunds
Refunds for Goods
Refund requests must be made within 14 days after receipt of your goods.
We accept refund requests for goods sold on our Site for any of the following reasons:
Good does not match description; or
Good does not meet the purchaser's expectations.
Refunds for Services
We provide refunds for services sold on our Site as follows:
Approved refunds, within 14 days of delivery, will be processed 7-10 business days upon request.
Consumer Protection Law
Where any consumer protection legislation in your jurisdiction applies and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between these Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
Links to Other Websites
Our Site contains links to third party websites or services that we do not own or control. We are not responsible for the content, policies, or practices of any third party website or service linked to on our Site. It is your responsibility to read the terms and conditions and privacy policies of these third party websites before using these sites.
Limitation of Liability
Tru Creatives Online and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
Indemnity
Except where prohibited by law, by using this Site you indemnify and hold harmless Tru Creatives Online and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
Additional Terms
Intellectual property
—
Original creations is the intellectual property of the creator and is protected by the law. The exception to this is with a work-for-hire arrangement. If you are a full-time employee, the designs you create as part of your job are your employer’s intellectual property, not your own.
When something is your intellectual property, you have the exclusive right to use, alter and profit from it. You also have the right to license your work to others.
Copyright: This is typically used for artistic and literary works.
Patent: Patents are used to protect innovations, inventions and new technical solutions to existing difficulties.
Trademark: Trademarks are used to distinguish individual companies’ goods and services from those provided by other companies. Slogans, mascots, company names and other pieces of branding are protected with trademarks.
Trade secrets: Specific strategies and business methods can become legally protected intellectual property under the Uniform Trade Secrets Act.
In the United States, every creator automatically owns the copyright to their work, except for in the work-for-hire situations mentioned above. There’s no need to register a copyright with the US Patent and Trademark Office like there is to get the protections that come with patenting a concept. However, a copyright can be registered with the US Copyright Office. If you wish to file a copyright infringement lawsuit, you’ll need to register your copyright first.
You also don’t have to register a trademark to use it exclusively, but it’s generally best practice. This way, your company name and all other pieces of branding are recognized as yours as far as they reach in the United States. To protect your branding abroad, you’ll need to register your trademark in each country where you operate.
Fair use
—
The fair use doctrine is the exception in The Copyright Act that makes it legal to use copyrighted works without obtaining their authors’ permission in certain limited circumstances. These are:
Scholarly works. You can reference copyrighted works in your college papers or other published scholarly work when your references comment on the copyrighted works. You cannot claim copyrighted work as your own, though.
News reporting. If you’re reporting the news and a copyrighted piece of work is relevant to your story, you can mention it without worrying about copyright infringement. This includes quotes from other news articles germane to your story.
Criticism. Just like a scholarly critique or a piece of news, you can mention copyrighted works in your published criticism. Book critics, anyone?
Teaching. Sometimes, working with existing pieces is the most effective way to learn. Maybe designing movie posters for The Outsiders or writing a new chapter of Catcher in the Rye are part of the lesson plans you designed for your students. Those are acceptable uses under the fair use doctrine.
Parody. Holding a piece up to criticism through parody, an exaggerated imitation of the work for comedic or critical purposes, is permitted under the fair use doctrine when the parody is transformative in some way.
Narwhal with umbrella and text “I’m Nary Poppins ya’ll”
Parody can be as simple as funny wordplay and text. Design by anonymfamous for Designer Studios.
Transformative. That’s the key difference between fair use and copyright infringement. A derivative work that simply uses copyrighted names, concepts, characters and ideas isn’t a parody, but a work that takes them and twists them in a way that makes the consumer gain a new understanding of the original is indeed parody. Sometimes, that new understanding is just being able to laugh at how the parody mocks the original.
The transformative nature of a work isn’t the only factor that separates fair use from copyright infringement, though. Every instance of alleged infringement is unique, and when the court is presented with a specific instance, it considers all of the following to determine whether copyright infringement actually occurred:
The nature of the copyrighted work. Some types of work benefit from copyright protections more than others, and these are the works that typically receive “greater” copyright protection. They include works like movies, novels and other pieces that require substantial creative work on the part of the creator. In contrast, a technical paper or a news article requires less creative effort to produce and thus, its use is more likely to be deemed fair use.
The amount and substantiality of the copyrighted work used in the derivative work. Basically, was a small piece of the original work used to support the derivative creator’s point, or were large portions copied and positioned around a relatively insignificant point? Quality and quantity both matter here—in some cases, even using a small piece of the original work can be deemed too much for the derivative to be fair use, since the small piece is the crux of the original work.
The derivative’s effect on the marketing of the original work. Fair use of a work shouldn’t hurt the original creator’s ability to profit from their work. If the court determines that an unlicensed derivative work can negatively impact the original’s market, it may deem the derivative to be copyright infringement.
Inspiration
—
We are all inspired by one another. So if you use that inspiration in your creations, when exactly does inspiration become plagiarism? Plagiarism means imitating another person’s work and passing it off as your own without giving credit to the originator. Inspiration turns into imitation when copying what is considered the crux—or central idea—of the work.
Who owns the rights to an artwork?
—
If you create something original that you want to sell to a client. Who owns the rights then? Well, unless the “client” is your full-time employer (in which case they own the rights automatically) it depends on which rights you decide to sign over to them. If you’re a freelance designer, you own the copyright for everything you create. You have the right to control how your work is reproduced and used commercially. Once you sell your work, what matters is which rights you agree to sign over to your client. You need to pay attention to whether you assign your client the right to use, reproduce, display or make adaptions to your work. Unless you assign copyright ownership to someone else, the design is yours, and only yours, a safety measure that is in place to protect from infringement—and to ensure that it doesn’t infringe on the copyright of any other work.
Here’s how it works on the 99designs platform: When a designer completes a project with a client and signs the DTA (Design Transfer Agreement), it means that the client now owns the design. The designer is no longer in control of how their work is reproduced or used commercially. If the client chooses to modify the design later, they’re entitled to do so and the designer doesn’t have a say in this matter. In a case of copyright infringement, if a designer sold a copyrighted image to a client, the legal owner of the image will have to take legal action against the client. The client can then take legal action against the designer for providing this image in the first place.
—
Knowing who owns which rights to a design and how it can be used is crucial. If you’re not sure about whether a design idea is fair use or could potentially be infringement, play it safe and avoid using that design. You can have your own hard drive or notebook overflowing with blatant, even vicious, satire mocking popular brands and figures, but when you’re publishing and selling designs, you need to know the ins and outs about what you can and cannot legally do. As a small business owner, you should have a relationship with a lawyer whom you can turn to for advice about issues just like this one. This kind of counsel is one of the most valuable investments you can make in your business.
Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
Contact Details
Please contact us if you have any questions or concerns. Our contact details are as follows:
(615) 334-0939
trucreatives1@gmail.com
121 Kiowa Trail
You can also contact us through the feedback form available on our Site.