OVERVIEW

The General Terms of Service Agreement sets forth the general terms and conditions of your use of the Site and the Services. This Website Design Services Agreement (this “Service Agreement”) governs your use of GOGIGA X’s Fansite Setup Service. Capitalized terms used in this Service Agreement, but not defined, are defined in the Universal Terms of Service Agreement.

DESCRIPTION OF SERVICES

Fansite Setup is branded service provided by GOGIGA X for website & app design and development. All Fansite Setup Packages are accompanied with a Statement Of Work that specifies the exact deliverables to consider the Fansite Setup complete.

REASONABLE EXPECTATIONS

We strive toward providing Services that meet your expectations. However, we do not guarantee expectations will be met if requests are unreasonable or unable to be completed within the scope of the Service.

DELAYS

Your Delays. Our completion of the Services depends upon your timely feedback and approval in the Design Manager within your account. We are not responsible for additional fees, time, or expenses incurred because of delays caused by your lack of or untimely response, feedback or approval, including your failure to initiate the design process.

Delay Expectations. We have the right to post-pone, adjust deadlines, or terminate the Fansite Setup Service at any given time that required information or actions are not completed in a timely manner. We will send out a post-pone or termination e-mail indicating the status change. (Please review “Our Right to Terminate Your Service”)

Accessibility of Fansite During Setup. The Website will be accessible to you through your hosting account file manager during construction. However,  you should not make any changes to the prototype during the construction phase unless instructed to do so by us.  Altering files during website construction may cause delays in the completion of the Website.

Our Right to Terminate Your Service. You understand and agree that GOGIGA X has the absolute right and power, in its sole discretion and without any liability to you whatsoever, to terminate your Service if:

* You fail to complete the initial interview or submit content for your initial Design within six (6) months of purchasing your plan.
* You fail to provide any other requested content, feedback or approval within thirty (30) days of our request.

If your service has been terminated, GOGIGA X is no longer responsible for fulfillment of the service.

At our discretion, we can extend your Fansite Setup account through our delay process as an alternative to termination to your account in the event of reasonable circumstances. In these cases where you failed to provide necessary items to meet deadlines that exceeded the 30 days, we shall deem your Fansite Setup as inactive. Any Inactive Fansite Setup shall be placed on hold and we shall cease all performance of Services in support of the Inactive Fansite Setup. In order to resume services, you can be responsible for a reactive fee if restored within 30 and 90 days. Any Inactive Fansite Setup inactive for over 90 days shall be subject to a reactivation fee and any additional fees due to price increases based on selected Fansite Setup Package. You shall be responsible for paying any applicable reactivation fees, updated down-payment, or other fees prior to us performing any services on reactive Fansite Setup services.

DESIGN SERVICES

Limitation on Design Services. The following services are not included in any of the initial Design plans, but may be purchased separately as Updates: (i) any revisions beyond the revisions included in your applicable Design plan; (ii) photo manipulation services, such as cutting the image out from the background, adding shadows, cleaning up the image from dust and scratches, making images a uniform size, and adjusting levels/brightness to match. The following photo manipulation services are not available, even as Updates: color correction or making a low-resolution image a higher resolution.

Fansite Content. You are responsible for all the content posted and stored on our Fansite hosting servers. If content is not provided during the Fansite Setup, we will create boiler plate content to make the Fansite readable by visitors.

No Obligation to Back-Up. We have the right, but not the obligation, to back up or archive your Design before delivery or in the event of cancellation.

Plug-ins/Add-ons. We have the discretion to use third-party software, add-ons, or plug-ins during the initial build. We are not responsible for the maintenance on any WordPress third-party add-ons or plug-ins added to your website during or after initial build. Some feature functionality requests may require paid plug-ins that the customer must purchase, and require additional update minutes to install and set up. You are solely responsible for ensuring your add-ons or plug-ins remain current and are functional.

Third-Party Service Providers. You acknowledges and agrees that from time to time we may use personnel that are not our employees or services that are necessary to complete aspects of the Fansite custom setup provided by third parties under the direction and supervision of the GOGIGA X.

PROVISIONS SPECIFIC TO OWNERSHIP OF CONTENT AND DESIGNS

For this section, “Design” includes the delivered product of the Fansite Setup, Fansite Design, and Brand Design.

By submitting content for your Design to us, you grant us an unrestricted license (i) to use the content for the purpose of creating your Design, and (ii) to display screenshots of your Design online, in marketing materials, or in any other manner we desire.

Upon completion of your Design, we agree to transfer all rights and ownership of the Design to you. However, software and third-party content and programs are never transferred to you and remain under copyright of their respective owners. Further, ownership and copyright of all templates and themes available to us in creating your Design, including all applicable source code, remain with us and are not transferred to you.

You acknowledge, understand and agree that GOGIGA X may use third party products and services to design and develop the Fansite, including, for example, server-side applications, clip art, “back-end” applications, music, stock images, or other licensed copyrighted work (collectively, “Third Party Assets”).  You further acknowledge, understand and agree that any Third Party Assets used to design and develop the Website are owned by GOGIGA X or its licensors and cannot be transferred to you, and are hereby expressly not transferred to you. As between GOGIGA X and you, all Third Party Assets shall remain the property of GOGIGA X or its licensors.  You are prohibited from removing any metadata from any Third Party Assets and from using any Third Party Assets on a stand-alone basis separate from the Website.  Third Party Assets may also be used in the design and development of websites for other GOGIGA X customers.  GOGIGA X and its licensors expressly retain the right to display graphics and other web design elements of the Website as examples of their work in their respective portfolios.

Unless otherwise specifically provided in this Agreement, no right or license under any copyright, trademark, patent, or other intellectual property right or license is granted by this Agreement. We reserve all rights not expressly granted herein.

Terms and Conditions Applicable to all Images/Software. You acknowledge and agree that (i) the Images/Software have not been sold or distributed to you;
(ii) you may use the Images/Software only as part of the Services;
(iii) you may not remove, modify, or obscure any copyright, trademark, or other proprietary rights notices that are contained in or on the Images/Software; and
(iv) you may not modify, reverse-engineer, decompile, disassemble, reverse compile, create derivative works of or attempt to derive the source code from the Images/Software.

Prohibited Content.  The following content and activity, as determined by GOGIGA X in its sole discretion, is prohibited on GOGIGA X web servers and we will not knowingly include any of the following in the Website or in Customer’s directory:
(i) text, graphics, sound, or animations that might be viewed as obscene or illegal;
(ii) links to other websites that might be viewed as obscene or related in any way to illegal activities; or
(iii) destructive elements or destructive programming of any type.

Source Code Ownership. When Fansite Setup payment is paid in full, additional custom source code written by GOGIGA X will be considered transferrable to you for use and modification. However, source code written by GOGIGA X can be used within other Fansite Setup within our discretion. Custom code written by GOGIGA X cannot be trademarked, patented, or copyrighted unless completely modified by you.

REVISIONS

Integration with Hosting Platform. Fansites designed by us are built on and integrated with our hosting platform, and any attempt to migrate or otherwise transfer any such website or web store to another hosting provider is a violation of this Terms Of Service Agreement.