Updated: 2/9/2016

OVERVIEW

This website and the Bullseye Press service (“Service”) are operated by EarthSky Studios, Inc. (“EarthSky Studios”). Throughout the site, the terms “we”, “us” and “our” refer to EarthSky Studios. EarthSky Studios offers this website, and all information, content, products, tools and services available through the website (taken together the “Website”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our Service and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before using our website. By accessing or using any part of the Website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use our Service.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

1. Eligibility to Use Website and Service

You may not use our Website or Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright, pornography or tax laws).

By using the Website or Service, you represent and warrant that (a) you are at least 13 years of age (b) all registration information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; (d) you will not transmit any worms or viruses or any code of a destructive nature; and (d) your use of the Services does not violate any applicable law or regulation.

A breach or violation of any of the Terms will result in an immediate termination of your Service without warning.

We reserve the right to refuse service to anyone for any reason at any time.

2. Passwords and Access to Website
Upon signing up as a Customer of the Website and our Service, you will set up a username and password for your account. You agree not to share your password with anyone, or to let anyone access your account. You are responsible for maintaining the confidentiality of your username and password and will not attempt to access the Website or Service in any other ways than through the sign-in interface that we provide. You agree to notify us immediately of any unauthorized access to your account.

3. Rights to Your Content
You are legally responsible for all text, graphics, audio files, computer software, sound, photographs or any other materials (the “Content”) that you provide for use of the Service and you hereby grant EarthSky Studios a worldwide, royalty-free, non-exclusive license to host and manage the Content in order to provide you with the Service.

If your website (the “Customer Site”) is removed from the Service, the Content associated with the Customer Site may also be deleted at our discretion. EarthSky Studios is not required to keep backup copies of your Content once the Customer Site is deleted. You should backup your Content regularly and frequently.

4. Customer Rules, Responsibilities, and Prohibited Content and Activity
EarthSky Studios reserves the right to restrict, suspend, or terminate your access to all or any part of the Services at any time, with or without prior notice, and without liability if we believe the Content you make available on your website or the website itself that is operated as part of the Service is in violation of any of the following:

• The Content will not infringe the copyright, patent, trademark or trade secret rights, of any third party.
• The Content cannot be pornographic, harmful, misleading, malicious, violent, bullying, harassing, discriminatory, threatening, libelous and cannot violate the privacy or publicity rights of any third party.
• The Customer Site and Content operated under the Service may not be promoted via unwanted electronic messages such as spam links on other websites, blogs, email lists or newsgroups.
• The Customer Site and Content operated under the Service cannot be used for spamming, phishing, or spoofing.
• The Customer Site and Content operated under the Service cannot interfere with, disrupt or impair the Service, the Website or the network operating the service and Website.
• The Customer Site and Content operated under the Service cannot be used to impersonate another person or company.
• The Customer Site and Content operated under the Service cannot include any viruses or other malicious code.
• The Customer Site and Content operated under the Service cannot include any hyperlinks to content that is not permitted.

5. Payments and Renewals

• General Terms:
  By selecting a paid service on the Website, you are agreeing to pay EarthSky Studios a monthly fee for that service. All fees and payments are due immediately upon ordering and are non-refundable, except as otherwise expressly provided in this Agreement or where fees are billed by EarthSky Studios under an invoice for Services issued to you that expressly permits payment within thirty (30) days of the invoice issue date (as a "Net-30 Customer"). EarthSky Studios may require a customer to successfully complete a credit application prior to such customer qualifying to become a Net-30 Customer.
• 60-Day Money-Back Guarantee:
  New Customers have the option to cancel the Service any time up to 60 full calendar days from the initial start and successful first payment of your paid service and will receive a full refund for up to a maximum of two months of fees paid for the specific service being cancelled. Refunds will be paid by check and mailed via regular first class mail within 15 days of the money-back request. Cancellation under the 60-Day Money-Back Guarantee will not incur a cancellation fee. 60-Day Money-Back Guarantee requests must be issued in writing either via the “Request Assistance” form of the “My Account” area of the Website or via the Service billing email address billing@bullseyepress.com. Customer authentication access to the Website is ended immediately upon money back-request and ownership of all new work produced prior to the money-back request via the Service is retained by EarthSky Studios.
• Length of Service Term
  Unless otherwise specified on our website or in the order process, customers on the Business Plan are contracted to a length of service for at least one-year (“Commitment Period”) following the initial design and any subsequent redesign of the Customer Site. Business Plan customers who have completed their Commitment Period and all Basic Plan customers are on a month-to-month contract until a redesign service is requested. You authorize us to collect the applicable monthly subscription fee for the Service using the payment mechanism we have on record for you. Any renewal of your Services with us is subject to our then-current Terms of Service.
• Cancellations
  At the end of a year from the start of the contract term, your contract will convert to a month-to-month agreement until explicitly cancelled by you. Cancellation must be issued either via your account area of the Website or via the Services support email addresses. Any cancellation request must be done at least one (1) day prior to the end of the contract term.
• Early Termination Fee
  An early termination fee of $75 fee for each month short of the Commitment Period (a one year period following any initial design or redesign in the Business Plan) will be charged. Once payment is made, the web files will be turned over to the customer on request.
• Payments
  You agree to allow EarthSky Studios, or our third party payment service providers, to store your payment information. You agree that we are authorized to charge you for the Service you sign up for or purchase from us and any applicable taxes in connection with your use of the Service to the payment method you provide. You authorize us to continue billing you and you will continue to be responsible for all uncollected fees should your payment method change or expire and you do not notify us of the changes.
• Delinquent Payments
  EarthSky Studios reserves the right to suspend or cancel your Service for any fee payment that becomes delinquent beyond 30 days (“Delinquent Payments”) and we are not responsible for any resulting negative effect the suspension of Service might have on the Customer’s business. You, the Customer, agree to reimburse us for all collection costs and interest for any Delinquent Payments, including the Delinquent Payment amount and a $25 reactivation fee before the Service will be reinstated.

6. Availability of Service
EarthSky Studios will use reasonable efforts to attempt to provide the Service including access to the Website and the Customer Sites operating under the Service. You, the Customer, acknowledge that from time to time the Customer Site provided within the Service may be inoperable or inaccessible for various reasons. You acknowledge and agree that EarthSky Studios does not guarantee continuous and uninterrupted access to the Website or Customer Sites provided within the Service, and is not liable for damages of any kind for any periodic interruptions to the Service or its availability.

7. Errors, Inaccuracies and Omissions
Occasionally there may be information on the Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, features, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website or related promotional mateiral is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

8. Third-Party Links
Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, embedded tools or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

9. User Comments, Feedback and Other Submissions
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

10.Termination
The Service may be terminated by us at any time, without cause.

You, the Customer, can terminate your use of the Service without cause, by following the cancellation procedures set forth in this Agreement.

If you, the Customer, fail to comply with any term or provision of this Agreement, EarthSky Studios can, at its sole judgement, terminate this agreement and you will remain liable for all amounts due up to and including the date of termination.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Notification of Termination may be sent to the email address we have on record for your account.

Upon Termination, EarthSky Studios has no obligation to retain any or all content, files and other materials related to your use of the Service.

11. Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall EarthSky Studios, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

12. Indemnification
You agree to indemnify, defend and hold harmless EarthSky Studios and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

13. Severability
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

14. Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on the Website or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

15. Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania United States.

16. Changes to the Terms of Service
Any new features or tools which are added to the Website shall also be subject to the Terms of Service. We reserve the right to update, change or replace any part of these Terms of Service from time to time. Any such changes will be made in good faith by posting updates and/or changes to our website, or if significant (as determined by the sole discretion of EarthSky Studios), will only be made after first giving you notice of the change. If you do not agree with a significant change, you may terminate the agreement under the rules defined in “Section 9 - Termination” of this agreement. It is your responsibility to check this page periodically for non-significant changes and to read any correspondences we send you via electronic mail pertaining to significant changes to the Terms. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.