These Terms and Conditions of Use ("Agreement") is a legal agreement between you and Sheer Havoc, Inc. a California corporation ("Sheer Havoc"), the owner and developer of SHEER HAVOC FLOW services consisting of Creative Flow and Copy Flow products offered on the website
sheerhavoc.com (the “Website”). By registering for any service provided on Website, you become a client ("Client") and agree to be bound by all of the terms (the "Terms") set forth in this Agreement as long as you remain a Client. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR ANY SERVICES ON THIS WEBSITE. The Terms are subject to change at any time, effective upon notice to you.
BY CLICKING THE "I AGREE" BUTTON BELOW, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS. THE MOST CURRENT VERSION OF THE TERMS, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO
sheerhavoc.com/terms-and-conditions. SHEER HAVOC RESERVES THE RIGHT TO CHANGE THE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU.
1. Limitations of Liability and Indemnification
By using any SHEER HAVOC FLOW services, you agree that in no event will
sheerhavoc.com, SHEER HAVOC, its and their officers, employees, agents, affiliates, licensees and web hosting services be liable for any direct or indirect, incidental, special or consequential damages as a result of your accessing the website and using any of the services available. Your sole remedy for any breach or default of this Agreement by
sheerhavoc.com or SHEER HAVOC shall be a return of any fees paid to SHEER HAVOC for any services provided under this Agreement. You indemnify and agree to defend and hold harmless
sheerhavoc.com, SHEER HAVOC its and their officers, employees, agents, affiliates, licensees and web hosting services and third parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of the Website, including any breach by you of the Terms contained in this Agreement.
2. Intellectual Property Rights
SHEER HAVOC, Sheer Havoc Flow, Creative Flow, Copy Flow and all other logos (the “Marks”) are trademark and service marks of SHEER HAVOC, Inc. This Website, and all source code, databases, functionality, software, website designs, audio, video, text, images, graphics, photographs (collectively or individually, the “Content”) and Marks are owned and controlled by SHEER HAVOC and protected by copyright and trademark laws and regulations of the United States. Use of this Website and membership in the subscription service does not grant any right to copied, reproduced, aggregated, republished, uploaded, posted, displaced, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for an commercial purpose whatsoever any part of the Website, Contents and Marks without the express written agreement of SHEER HAVOC, Inc. All rights to the Website, Content and Marks are expressly reserved.
3. Subscription Fees, Services, and Refund
Client agrees to pay a monthly fee (“Subscription) for the services listed on the listed on the Website. Subscription term is monthly and shall automatically renew each month on the day of first subscription. Any Subscription starting on the 31st day of the month will be renewed on the last day of the next month. Subscription is pay in advance of the monthly service. The credit card provided by Subscriber upon subscription will be charged each month to renew the Subscription. Subscriptions may be suspended by Subscriber at any time. Any projects in progress will pause at the end of the Subscription period in which a fee was paid and will resume upon reactivation of Subscription. Projects in queue will not commence during a suspended Subscription. Subscriber must reactivate the Subscription in order to resume services. Suspended subscriptions will not be charged a monthly fee and will not receive any services during the suspension. SUSPENSION OF SERVICES MEANS THAT ALL PROJECTS IN PROGRESS WILL ALSO BE SUSPENDED UNTIL SUBSCRIPTION IS REACTIVATED. Any Subscription that has been suspended for six (6) months consecutively will be cancelled along with all in-progress and in-queue projects. All information and data in the client portal will remain accessible for 3 months following cancellation. Client may retrieve any archived data with payment of a retrieval fee.
Subscription services are available through the end of the subscription period of payment. Sheer Havoc will not refund any subscription fees due to Client’s suspension of the Subscription. In the event Client requests a refund, any decision regarding refund will be made on a case-by-case basis at the sole discretion of Sheer Havoc. In the event that a refund is granted, all materials produced by Sheer Havoc that is related to the refund will remain the property of Sheer Havoc and Client is prohibited from using the materials in any way. Notwithstanding the foregoing, any refund will be subject to a termination fee paid equal to 25% of the total refund amount and will be deducted from the total refund.
4. Ownership of Work Product
Client shall have the right of first sale of the completed project (“deliverables”). The copyright in all deliverables created through the subscription service belongs to Sheer Havoc. All intellectual property rights in any pre-existing works and derivative works, such as pre-existing works and other deliverables and developments made, conceived, created, discovered, invented, or reduced to practice in the performance of the services hereunder are and shall remain the sole and absolute property of Sheer Havoc, subject to the worldwide, non-exclusive license to Client for his/her/its personal and internal use as intended under this Agreement.
5. Client Warranty and Acknowledgment
Client is solely responsible for all data transmitted to or that relates to any activity Client has undertaken using the Website. All information and materials provided by Client for the performance of the services remain the property of Client. Client represents and warrants that any material provided by Client to Sheer Havoc to be used with the service and incorporated into the projects and deliverables, including all images, videos, logos, designs, software provided by Client will not infringe or misappropriate any patent, copyright or any trade secret or other intellectual or proprietary right of a third party. Any use of third party material as requested by Client shall be fully licensed and authorized. Client shall be solely responsible for obtaining the appropriate license and rights to use any third-party material incorporated into the deliverables.
By subscribing to the services provided on Website, Client represents and warrants that 1) Client has the legal capacity and agrees to comply with the terms of this Agreement; 2) Client is over 18 years of age; 3) Client’s use of the Website will not violate any applicable law or regulation; 4) Client will not access the website through any non-human means; and 5) Client will not retrieve data or content for the purposes of creating or compiling a databased or directory; circumvent, disable or otherwise interfere with security-related features of Website; engage in unauthorized framing or linking of Website; use Website to compete directly or indirectly with Sheer Havoc; decompile, disassemble or reverse engineer any of the software, source code or programing that is part of the Website; bypass any restrictive access measures on Website; add, edit, remove or manipulate any Website information, graphic, design or layout; upload, transmit, or attempt to do so, any viruses, malware, software, or other material not previously authorized by Sheer Havoc.
Sheer Havoc shall have no liability to Client for any loss or corruption of any such data and Client hereby waives any right of action against Sheer Havoc from any such loss or corruption.
Website Availability
Sheer Havoc does not guarantee or warrant the continuous availability of Website for any definitive period of time. Issues with hardware, software, connection and utility services may result in interruption, delays and errors beyond Sheer Havoc’s control and shall not be liable for any loss, damage or inconveniences resulting from Client’s inability to access the Website during such circumstances.
External links
We may make available third-party applications through our Site and social media applications for your use. Links to such applications, any other websites included in this Site or links on our social media accounts operate with privacy policies beyond our control. Unless otherwise indicated, once you have left our Site or our social media account, all use of information you provide is governed by the privacy policy of the other website’s or social media account’s operators. We are not responsible for any transactions that occur between you and a third-party website or social media account.
7. Indemnification
Client agrees to indemnify, defend and hold Sheer Havoc, its officers, directors, employees, and agents harmless from and against any and all third party claims, losses, liabilities, damages, expenses and costs including attorney’s fees and court costs, arising out of Client’s gross negligence, misconduct or material breach of any terms of this Agreement.
8. Right to Monitor
Sheer Havoc reserves the right, but are not obligated, to monitor materials posted in any public area of Website and shall have the right to remove any information deemed offensive by our staff. Notwithstanding the foregoing, Client remains solely responsible for your use of any information contained on the site. Sheer Havoc reserves the right to restrict and/or deny Client access to the Website at its sole discretion, without notice or liability to Client. Sheer Havoc has the sole discretion on Website management, maintenance, and design.
9. Disclaimer
The Website is provided on an as-is, as-available basis. Client agrees that use of the Website and Services are at Client’s sole risk. Sheer Havoc disclaims all warranties, express or implied, in connection with the Website and Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Sheer Havoc makes no warranties or representations about the accuracy or completeness of the Website or any content thereon or content of any websites linked to the Website. Sheer Havoc does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party either through the Website, a hyperlinked website or any website or mobile application featured in any advertising. Client is solely responsible for all data transmitted to or that relates to any activity Client has undertaken using the Website. Sheer Havoc shall have no liability to Client for any loss or corruption of any such data and Client hereby waives any right of action against Sheer Havoc from any such loss or corruption.
10. Jurisdiction
This Agreement or any dispute arising from this Agreement is governed by the laws of California, without regard to provisions of conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively before the San Francisco Superior Court, and you hereby consent to the jurisdiction of any such court.
11. Severability
If any provision is found to be invalid, the remaining provisions will be in full force and effect.
12. Entire Agreement
This Agreement constitutes your entire Agreement with Sheer Havoc with respect to any Flow services.
13. Waiver
The failure of Website or Sheer Havoc to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Sheer Havoc must be in writing and signed by an authorized representative of the Sheer Havoc.
You further understand and agree that clicking or pressing on the "I agree" is the electronic equivalent of a written signature on this document.
End of terms and conditions