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TERMS OF SERVICE

last updated on 1/23/2015

The following document outlines the terms of use of the Clay Media Group website. You can also review our Privacy Policy, which outlines our practices towards handling any personal information that you may provide to us.

Before using any of the Clay Media Group services, you are required to read, understand and agree to these terms. You may only create an account after reading and accepting these terms.

Acceptance Of Terms

The web pages available at www.claymediagroup.com and all linked pages (“Site”), are owned and operated by Clay Media Group, LLC. (“Clay Media Group”) and is accessed by you under the Terms of Use described below (“Terms”).

Please read these terms carefully before using the services. By accessing the site, viewing any content or using any services available on the site (as each is defined below) you are agreeing to be bound by these terms, which together with our privacy policy, governs our relationship with you in relation to the site. If you disagree with any part of the terms then you may not access the site.

Description Of Service

The Site includes an online service offering maintenance packages to operators of websites running on single-site installations of WordPress. Services include, but are not limited to, any service and/or content Clay Media Group makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services.

Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of Clay Media Group. Clay Media Group reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice.

Clay Media Group service does not support multi-site WordPress installations.

Registration

As a condition to using Services, you are required to open an account with Clay Media Group and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Clay Media Group account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Clay Media Group account.

Services are available only to individuals who are at least 18 years old.

Release And Indemnity

You hereby expressly and irrevocably release and forever discharge Clay Media Group, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.

You hereby agree to indemnify and hold harmless Clay Media Group, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of these Terms, (ii) the use of the Services, by you or any person using your account or Clay Media Group username and password, or (iii) any violation of any rights of a third party.

Limitation Of Liability

In no event shall Clay Media Group be liable under contract, tort, strict liability, negligence or other Legal theory with respect to the site, the service or any content (i) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever.

Intellectual Property

Clay Media Group, claymediagroup.com and other Clay Media Group LLC graphics, logos, designs, page headers, button icons, scripts, and service names are intellectual property of Clay Media Group. Clay Media Group’s intellectual property may not be used in connection with any product or service without the prior written consent of Clay Media Group. If provided, the images and icons available in the Clay Media Group Press Kit may be used by partners and third party sites in connection with providing appropriate links to the Clay Media Group Site.

Support Requests & Monthly Support Time

Support must be requested through the proper channels to be received and responded to in a reasonable amount of time. To request support please e-mail contact@claymediagroup.com.

Each request is subject to a one (1) hour minimum fee. Developer support and customization hours may be billed at an additional rate of $99.00 per hour, per request.

Up to 48 hours response time on non-emergency requests. Requests are subject to approval by assigned agent or Clay Media Group management. Emergency or rush requests may be subject to a rush surcharge of $50/hour.

Nature of Requests

Requests should fall within the following categories:

  • UI (User Interface) troubleshooting (which may include HTML, CSS, Javascript)
  • Styling elements with CSS
  • Content Population & Image editing
  • Creation of basic graphics (e.g. buttons, banners, etc.)
  • WordPress consulting (ask us questions)
  • Optimization of CSS, Javascript and Images
  • Theme/plugin audits
  • Plugin installation and implementation
  • Configuration of Google Analytics and/or Google Analytics reports

If you’re unsure about whether or not a request meets these criteria, send an email to our support team and we will review your request and either accept or deny the request based on managerial approval.

Examples of requests not meeting approval for monthly development time:

  • Website redesign
  • Landing page design
  • Custom plugin development
  • Custom theme development
  • Search marketing/SEO services

Payment

You agree that you will pay for the Services, and that Clay Media Group may charge your payment method for any services purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING CLAY MEDIA GROUP WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES.

Your total price will include the price of the product but expressly excludes any applicable taxes; such service tax is based on the bill-to address and the applicable tax rate in effect at the time you use the Services. We will charge tax only in such jurisdictions where the Services are taxable.

Prices for the Services may change at any time at Clay Media Group’s sole and exclusive discretion. The Services do not provide price protection or refunds in the event of a price reduction or promotional offering.

Termination, Cancellation & Refunds

Cancellation can occur at anytime after your first 2 months (60 days) of service. You’re never required to stay with us – in fact, we’d prefer you have the option to leave if you’re unhappy with our service and give us feedback on how we can serve you better.

Clay Media Group may terminate or suspend any and all Services and/or your Clay Media Group account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Clay Media Group account, you must contact us with your termination request. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

You can contact us through the contact page or email our support team to issue a termination request.

Due to the month-to-month, cancel anytime nature of this agreement, Clay Media Group does not issue refunds. However, Clay Media Group reserves the right to issue refunds, pro-rated or otherwise for any reason, on a case-by-case basis.

Change

Clay Media Group reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, Clay Media Group will notify you by posting an announcement on the site. What constitutes a material change will be determined at Clay Media Group’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the Terms as modified.

Miscellaneous

No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind Clay Media Group in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Clay Media Group shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Clay Media Group’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. Clay Media Group may transfer, assign or delegate the Terms and its rights and obligations without consent. The Terms shall be governed by and construed in accordance with the laws of The United States of America, as if made within Ohio between two residents thereof, and the parties submit to the exclusive jurisdiction of Ohio courts. Both parties agree that the Terms are the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of the Terms, and that all modifications must be in writing and signed by both parties, except as otherwise provided herein.

cre·a·tiv·i·ty


\ˌkrē-(ˌ)ā-ˈti-və-tē \

noun


1. the ability to produce something new through imaginative skill, whether a new solution to a problem, a new method or device, or a new artistic object or form.



SYNONYMS:

inventiveness, imagination, innovation, innovativeness, originality, individuality;
artistry, inspiration, vision;
enterprise, initiative, resourcefulness

“CREATIVITY
is intelligence having fun.
- Albert Einstein