Subject to all the terms and conditions, policies, rules, guidelines and definitions provided in the Spring “Terms of Service” available at: (https://www.spri.ng/policies/spring-terms-of-service), Spring is offering you an exclusive opportunity to purchase Creator Tools (defined below) during a limited 30-day trial period (“Beta”).
Participants in the Beta may purchase “Creator Tools” including Design Services, Design Guard and Internet Marketing (each service described below). Creator Tools may be provided by Spring or third parties on its behalf. Upon completion of the Beta, Spring may continue to offer Creator Tools to you at its discretion. Spring may terminate the Creator Tools at any time. To qualify for this limited Creator Tools Beta, you must acknowledge and agree to the following:
- Payment. For any Creator Tools you wish to purchase, payment will be processed as set forth in the Price and Payment section of the Terms of Service.
- Publicity. You may not make any public statements regarding the Creator Tools, including, without limitation, any publication, review, or evaluation, without prior written approval from Spring.
- Feedback. If you have any feedback, comments, or suggestions for improving the Creator Tools (collectively “Feedback”), you will provide such Feedback to Spring at the end of the Beta. Spring may use, disclose and otherwise benefit from Feedback in any manner and via any media without restriction, royalty or any obligation to you.
- No Warranty. All Creator Tools are provided “as-is” and are subject to the disclaimer of warranties set forth in the Terms of Service.
- Spring Property. As between you and Spring, Spring retains all right, title and interest (including all intellectual property rights) in and to the Creator Tools, including its visual interfaces, graphical design, computer code, documentation and all other elements.
Description of Creator Tools
Design Services: Spring can help develop customized designs for use in other Spring Services (“Designs”). Subject to Spring’s acceptance, Spring will perform design services described in one or more Statements of Work (as defined below). The specific details of the Design Services to be performed will be determined on a per-project basis, and the details for each project will be described in a mutually executed statement of work (each, a “Statement of Work”). To the extent the Designs will include materials provided by you to Spring (“Creator Materials”), you represent and warrant to Spring that you own or otherwise have the necessary rights and consents in and relating to the Creator Materials so that, as received by Spring and used in accordance with these Terms, they do not and will not infringe, misappropriate, or otherwise violate any intellectual property or proprietary rights of any third party or violate any applicable law.
- Review. In the course of performing the Design Services, Spring will request input on Designs from you, and you will provide such input in a timely manner. You agree that you may only request up to three revisions per Design, and any additional revisions are subject to Spring’s sole discretion.
- Ownership of Designs. Notwithstanding anything to the contrary in the Terms of Service, all final Designs created for you by Spring, as between you and Spring, will be your sole property. Designs that constitute copyrightable subject matter will be considered “works made for hire” to the extent permitted under the United States Copyright Act. To the extent that ownership of the Designs do not by operation of law vest in you, Spring will assign (or cause to be assigned) and does hereby assign to you all right, title, and interest in and to the Designs, including all related intellectual property rights. You acknowledge that under U.S. copyright law, copyright in each Design extends only to that unique expression of ideas, and not the ideas themselves, and accordingly, agrees that Spring is free to use the same ideas to create similar designs and themes.
- License to Designs. You grant Spring (including any third-party providers acting on Spring’s behalf) a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, transferable right and license to use, host, store, reproduce, modify, create derivative works of, communicate, publish, publicly display, publicly perform, distribute, and otherwise exploit the Designs for the purposes of allowing Spring to provide, improve, and promote the Spring Services.
Design Guard: Spring’s Design Guard service provides you with a non-comprehensive report with links of potential similar designs.] The materials and information in a Design Guard report are intended for informational purposes only, are not legal advice, and Spring takes no position on whether any designs may violate third-party rights. A Design Guard report is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon Design Guard report information without seeking advice from a lawyer licensed in your own state or country.
Internet Marketing: Spring’s Internet Marketing services help optimize a Creator’s store in an effort to improve the quality and quantity of website traffic using search engine optimization and other digital marketing strategies. Spring’s Internet Marketing services may help improve traffic or sales but are provided “as is” without any warranties or guarantees as to increased traffic or sales.
