Verve Studio Terms of Service

1. Terms

By accessing the website at https://vervecreative.studio, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License

  1. Permission is granted to temporarily download one copy of the materials (information or software) on Verve Studio’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
    3. attempt to decompile or reverse engineer any software contained on Verve Studio’s website;
    4. remove any copyright or other proprietary notations from the materials; or
    5. transfer the materials to another person or “mirror” the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Verve Studio at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

  1. The materials on Verve Studio’s website are provided on an ‘as is’ basis. Verve Studio 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.
  2. Further, Verve Studio 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.

4. Limitations

In no event shall Verve Studio or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on Verve Studio’s website, even if Verve Studio or an 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.

5. Accuracy of materials

The materials appearing on Verve Studio’s website could include technical, typographical, or photographic errors. Verve Studio does not warrant that any of the materials on its website are accurate, complete or current. Verve Studio may make changes to the materials contained on its website at any time without notice. However Verve Studio does not make any commitment to update the materials.

6. Links

Verve Studio 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 Verve Studio of the site. Use of any such linked website is at the user’s own risk.

7. Modifications

Verve Studio may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.

8. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Iowa and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

Verve Studio Content Management System Terms of Service

Acceptance of Terms Verve Creative, LLC makes this Website (the “Site”), including all information, documents, content, materials, software and services (the “Materials”) available to you for internal and commercial use subject to the terms and conditions set forth in this legal agreement (“Terms of Use”). By accessing, browsing and/or using the Site, you acknowledge that you have read, understand and agree to be bound by the Terms of Use and to comply with all applicable laws and regulations, including all applicable export and re-export control laws and regulations. Verve Creative, LLC reserves the right to modify the Terms of Use at its sole discretion. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site. You are responsible for periodically visiting these Terms of Use from time to time to review the current Terms of Use. If you do not agree to the Terms of Use, do not use the Site. The terms of Verve Creative, LLC Privacy Policy Statement (“Privacy Policy”) are incorporated into the Terms of Use by reference. By accepting the Terms of Use, you acknowledge that you have read, understand and agree to be bound by the Privacy Policy.

Privacy Policy Verve Creative, LLC will never disclose your personal information without your express consent. We safeguard your personal information from unauthorized access through access control procedures and physical security measures.

Terms of Service Support and Maintenance: The Client may contract Verve Creative, LLC for website maintenance services at a pre-negotiated annual rate. With CMS maintenance packages we monitor and provide updates to the website that ensure optimal functionality of the website and database (Maintenance services are explained below in the Client Administrator Guide). Should the client decide to not participate in a maintenance agreement, the client is responsible for all required maintenance and updates to the Site. Other support inquiries, maintenance requests and website changes will be responded to within 48 hours during normal business hours.

Security and Updates: Verve Creative, LLC accesses and stores sensitive website login data as part of its daily operations. While we will take every reasonable precaution to secure these details (including the use of database data encryption), we will not accept any responsibility or liability for actions that may result from this data being intercepted or accessed by an unauthorized third-party. As with any software application or website, it is very important that Content Management Systems are updated on a regular basis. Not performing updates can result in both functionality and security issues. After the 30 day grace period, the Client is responsible for database backups and updates to the CMS along with any installed plugins.

Terms of Use License Information Verve Studio Content Management Systems are licensed under https://themeforest.net/licenses/terms/regular and WordPress General Public License http://wordpress.org/about/gpl/ for WordPress website development.

  1. You can modify or manipulate the Item.
  2. You are licensed to use the End Product (a “single application”), and the End Product can be distributed for Free.
  3. You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
  4. If you or want to Sell the End Product, you will need the Extended License.

http://creativecommons.org/licenses/by-sa/4.0/legalcode Elements of the Site including the Administrative Dashboard are protected by trade dress and other laws and may not be copied or sold in whole or in part. For permission to use third party materials appearing on the Site, please contact the owner of such materials.

Access to the Website The Site may experience downtime due to maintenance or malfunction of computer equipment, servers or other reasons. If you do not abide by the provisions of the Terms of Use, Verve Creative, LLC may immediately deactivate your user account and/or temporarily limit access to the Materials, and/or the Site. Verve Creative, LLC shall not be liable to you or any third party for any inactive or temporary limited access of the Site.

Account Security & User Accounts In most cases, to access your account you will be required to choose a password and user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Verve Creative, LLC immediately of any unauthorized use of your account or any other breach of security. Verve Creative, LLC will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Verve Creative, LLC or another party due to someone else using your account or password.

No Additional Rights You acknowledge and agree that except for the rights expressly granted above, all other right, title and interest in and to the Site, Software and Services, including any and all patent, trademark, copyright, trade secret, intellectual and industrial property rights remain the sole and exclusive property of Verve Creative, LLC, its suppliers and/or its licensors. Except as specifically set out in the Terms of Use, you are not authorized to use the Verve Creative, LLC name or any of its trademarks or those of its suppliers and/or its licensors in any manner whatsoever, absent prior written approval from Verve Creative, LLC.

Limitations on Liability Verve Creative, LLC may make changes to the database Materials at any time, without notice although it is a priority to provide substantial prior notice should maintenance require downtime. The Materials on this Site may become out of date and Verve Creative, LLC makes no commitment to update such Materials unless as specified in a separately negotiated maintenance contract. Verve Creative, LLC assumes no responsibility for errors or omissions in the Materials and/or other services, which are included on, referenced by or linked to this Site. References to other corporations’ sites, services and products are provided “as is” without warranty of any kind, either express or implied.

Indemnification By using this Site, you agree to indemnify, defend and hold harmless Verve Creative, LLC and its affiliates, partners, third party content providers and licensors and each of their respective directors, officers, employees and agents from and against any and all claims, actions, suits, proceedings, judgments, damages, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees and related reasonable costs) arising directly or indirectly out of or in connection with (a) your breach of these Terms of Use, (b) any content uploaded, posted or transmitted by you on or through the Site, and/or (c) your activities in connection with the Site.

Choice of Law and Jurisdiction This Site (excluding links to External Sites) is powered by Verve Creative, LLC from its offices in Cedar Rapids, IA, USA, notwithstanding the physical location of the servers on which the content resides. By accessing this Site, you and Verve Creative, LLC agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Iowa and the federal laws of the United States of America applicable therein. You and Verve Creative, LLC also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts in the State of Iowa, United States of America with respect to such matters.

General The Terms of Use and the Privacy Policy constitute the entire agreement between Verve Creative, LLC and you and govern your use of the Site. Neither the Terms of Use nor the Privacy Policy may be modified except in writing signed by both parties or by a new posting by Verve Creative, LLC, as described in “Acceptance of Terms” above. If any provision of the Terms of Use is determined to be unlawful, void or for any reason, or unenforceable, then that provision shall be deemed severable from the remaining provisions. Any failure by Verve Creative, LLC to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision.

Verve Studio CMS Client Administrator Guide

When you are delegated the role of Website Administrator for a Content Management System (CMS), there are several things you must be aware of. As with any software application or website, it is very important that Content Management Systems are updated on a regular basis. Not performing updates can result in both functionality and security issues. After the 30 day grace period, the Client is responsible for database backups and updates to the CMS along with any installed plugins. We can make recommendations on the frequency and depth of updates and maintenance. However to ensure performance of the CMS we strongly recommend a maintenance service contract. As a website administrator here are several items you are responsible for:

Updates and Releases: Ensuring the CMS is updated and running the latest release is your responsibility as the application administrator. In absence of a maintenance contact, we also recommend subscribing to the relevant CMS updates to be sure you are notified of new releases (WordPress, Joomla or Drupal).

Malware and Viruses: Content management websites are very complicated and your web hosting service, email setup, other web pages, hackers, scammers, etc., can generate a wide variety of problems that we have no control over. Verve Studio can assist by investigating any problems that may occur with your website and providing recommendations.

Cross-Browser Compatibility: In order to ensure consistency of design across the growing number of browsers, a site needs regular testing. Content management systems need regular monitoring and updating to ensure optimal performance across all major browsers.

Security: Hacking is a growing concern for both websites and on-line businesses. As attacks adapt and become more sophisticated, it is more important than ever to take measures to protect websites against hidden viruses and malicious software. It is important to have defenses utilizing the latest security software to prevent hackers from gaining access to your site.

Backups: It is extremely important to ensure that your information is backed up in order to avoid losing work, information and/or software. Content Management Systems should undergo regular and thorough backups so that it may be fully restored in case of loss.

Plugins: Today’s rich Internet experience is made possible because of functionality plugins. Some plugins work independently of your website’s content and files, just adding a little something special to the page. Others require modification of content and files, including changes to your database. Some plugins may become outdated and no longer work with the newest version of your website software. Plugins may need upgrading to accommodate the newer version, or become obsolete with the improvements in the website software.

Website Hosting: Hosting is necessary in order to view the website on world wide web. However, hosting servers are also prone to ‘crashes’ resulting in sites going offline from time to time. The reasons for this downtime are numerous and the fault does not always lie with the hosting company itself. There many problems with connectivity beyond their control. Downtime is highly inconvenient for any website owner and when it happens it is important to have someone on hand to help and restore your website. Contacting the hosting company directly in the event of problems can lead to lengthy and complicated email conversations as many are now unreachable by telephone. With a maintenance contract Verve Studio can assist you by liaising with the hosting company to sort out the situation as quickly as possible.

Maintenance Agreements

The Client may contract Verve Creative, LLC for web site maintenance services at an annual rate. Maintenance packages take the headache out of managing most of the items explained in the Client Administrator Guide because we take care of it for you.

Verve Studio CMS Maintenance Package includes: Updates Backup Core Files Backup Stored Archives Backup Media Files SPAM, Revisions and Database Cleanup Database Optimization Security Scan Plugin & Theme Installs and Updates Performance Scans Email Support

Additional Services: Any revisions, additions or redesigns the Client requests Verve Studio to perform that is not specified in this document shall be considered “additional” and will require separate agreement and payment. Verve Studio shall advise Client on any requested work that falls within these bounds. Services not considered ‘standard website maintenance’ are subject to be charged at the regular hourly rate. Should the client choose not participate in a maintenance agreement, the minimum charge for as needed maintenance is $50/hour.