By accessing and using this website (the “Site”), you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions of Use between Ghost Sherpa and you, 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.
This Site is controlled and operated by Ghost Sherpa, LLC (“Ghost Sherpa”) from its offices within the United States. Ghost Sherpa 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 the United States are responsible for compliance with all applicable laws.
The material provided on this Site is protected by law, including without limitation, United States Copyright law. The copyright in all material provided on this Site is held by Ghost Sherpa. Except as expressly permitted by Ghost Sherpa, 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 Ghost Sherpa 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 Ghost Sherpa’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 Ghost Sherpa at any time. Upon termination of your permission, you must destroy any downloaded materials in your possession whether in electronic or printed format. Ghost Sherpa reserves the right to terminate your account at any time for any reason.
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 Ghost Sherpa’s proprietary rights in them
THE MATERIALS ON GHOST SHERPA’S WEBSITE ARE PROVIDED “AS IS”. GHOST SHERPA 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. FURTHER, GHOST SHERPA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS INTERNET WEBSITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.
IN NO EVENT SHALL GHOST SHERPA OR ITS SUPPLIERS 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 GHOST SHERPA’S INTERNET SITE, EVEN IF GHOST SHERPA OR A GHOST SHERPA 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 GHOST SHERPA UNDER THIS AGREEMENT EXCEED FIFTY DOLLARS ($50), REGARDLESS OF THE CAUSE OF ACTION, IN TORT, CONTRACT, OR OTHERWISE.
The materials appearing on Ghost Sherpa’s web site could include technical, typographical, or photographic errors. Ghost Sherpa does not warrant that any of the materials on its web site are accurate, complete, or current. Ghost Sherpa may make changes to the materials contained on its web site at any time without notice. Ghost Sherpa does not, however, make any commitment to update the materials.
Ghost Sherpa has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Ghost Sherpa of the site. Use of any such linked website is at the user’s own risk.
Ghost Sherpa may revise these terms of use for the Site at any time without notice. By using the Site you are agreeing to be bound by the current version of these Terms and Conditions of Use.
Any claim relating to Ghost Sherpa’s web site shall be governed by the laws of the State of Tennessee without regard to its conflict of law provisions.
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 Ghost Sherpa or its affiliates for any purpose whatsoever, including developing, manufacturing, and marketing products. Notwithstanding the foregoing, all personally identifiable information provided to Ghost Sherpa will be handled in accordance with Ghost Sherpa’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.
You agree to pay the fees, in such amount and for such billing frequency as specified during registration, in full prior to any obligation of Ghost Sherpa to perform under this Agreement. You further agree that, upon registering for the services through the Site, you authorize Ghost Sherpa to charge your method of payment (e.g. credit card) for the fee. Payment of the fees shall be in such amounts and at such times as set forth by Ghost Sherpa through information provided to you and as authorized through the sign-up and registration process. Your account and access to the services provided via the Site may be suspended in the event of non-payment of applicable fees. You represent and warrant to Ghost Sherpa that such payment information is accurate and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.
Ghost Sherpa 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.
Charges are dependent on the exchange rate between the US Dollar and your currency for the day.
Promotions, upgrades, and adjustments to existing plans are non-refundable.
You, the client are responsible to use Ghost Sherpa after payment.
You own all graphics and files we create during any month paid in full. You will provide all content/copy to be used in our designs. You agree that any materials provided to are proofed and approved to be used in your designs and are not owned or trademarked by a different entity. You are responsible that any materials provided can be legally used in our designs. We are not liable for the materials you provide as it pertains to license or trademark issues and you represent to Ghost Sherpa that all materials provided do not infringe on the intellectual property rights of third parties.
Subscriptions to stock photography or media is under a specific use license. Managed stock photography or assets (provided by Getty Images or other services) are licensed to be used in the specific graphic files created by Ghost Sherpa from a client request. Individual photos or assets will not be provided.
You agree to indemnify, defend, and hold harmless Ghost Sherpa and its affiliates, officers, members, managers, agents, successors and assigns (the “Indemnified Parties”) from and against all claims, demands, liabilities, damages, and costs including, without limitation, its reasonable attorneys’ fees, arising out of or relating to (i) your breach of any of the terms of this Agreement, (ii) your use of the services provided pursuant to the Site, and (iii) infringement of third party’s intellectual property rights or other proprietary rights.
Your right to use the Ghost Sherpa services shall terminate upon your breach of any term of this Agreement.
While we do our best to minimize any mistakes, due to the nature of creative design we can not guarantee all files delivered will be 100% error free. Upon file delivery you agree to review and proof all files for any errors or omissions and notify our team if any changes/corrections are needed. We will do our best to rush any edits to correct the mistakes. Ghost Sherpa is not responsible or liable for any losses or expenses incurred from errors or omissions.
By default, you agree to provide Ghost Sherpa 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@GhostSherpa.com.
We uphold confidentiality in all communication regarding your brand and business. We will only communicate to those who have been authorized on your account and will not share any information provided with anyone outside our organization, subject to our Privacy Policy.
In the event materials are made available to this Site by third parties not within our control, we are under no obligation to, and do not, scan such content for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Site. If you believe any materials on the Site infringe a copyright, you should provide us with written notice that at a minimum contains:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. 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;
3. 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;
4. 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;
5. 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; and
6. 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.
All DMCA notices should be sent to our designated agent as follows:
Mark Litchford
P.O. Box 8127
Chattanooga, Tennessee 37414
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
Finally, you agree that you’ve reviewed and understand the content within our website outlining details on how our service works and its scope.
We only ask for personal information when we truly need it to provide a service to you. We collect it by fair and lawful means, with your knowledge and consent. We also let you know why we’re collecting it and how it will be used.
We only retain collected information for as long as necessary to provide you with your requested service. What data we store, we’ll protect within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use or modification.
We don’t share any personally identifying information publicly or with third-parties, except when required to by law.
Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and practices of these sites, and cannot accept responsibility or liability for their respective privacy policies.
You are free to refuse our request for your personal information, with the understanding that we may be unable to provide you with some of your desired services.
Your continued use of our website will be regarded as acceptance of our practices around privacy and personal information. If you have any questions about how we handle user data and personal information, feel free to contact us.
This policy is effective as of 1 July 2019.
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