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Overview.

Welcome to Merlin Creative, Inc. (the “Company”).  We invent and deliver creative digital platforms and content through our curated network of top-tier talent, and we’re excited about our partnership together. These are our Standard Terms & Conditions of Service, which sets out the services, fees and other terms of our engagement (the “Engagement”).

Services.

We will provide the Customer (“you”) with creative talent (our “Partners”) and services which may include, but are not limited to, interactive, social media, multi-media, design, strategic communications, messaging, project management, research, writing and content creation. The services of our company and Partners may be obtained individually or collectively, at your discretion.

Consideration.

For our services, we charge per person hour worked, as explained in our pricing policy at the time you sign up as a Customer.  Specific fees may vary based on pricing plan and/or other considerations made at the time of sign up or at any other time, including as described either verbally, in writing or on our web and mobile platforms at the time a project is commenced, as determined by the Company.  Billable time is measured in increments of 1/4th of an hour.  Our fees may be amended from time to time, and you will be given notice no less than 30 days in advance of any change in fees using the E-mail address you provided when you signed up, which can be amended by you at any time by signing into your account and managing your profile settings. You will be billed or charged no less than monthly for services rendered during the previous month for ongoing projects, or, upon completion of any specific project, either on the credit card you provided or, if specifically agreed to by the Company, against funds placed in escrow. We will bill for expenses incurred in the performance of the services provided that, without advance notice, no single expense shall be greater than $100 without prior approval or, in the case of subcontractors, no expense shall be incurred at an hourly rate greater than our hourly fee for service. Any work product we create will remain our property until fees for such work product are fully satisfied, at which time you will become the sole owner of the work product. Nonetheless, we reserve the right to utilize any work product created by the Company for the promotion of the Company, unless specifically agreed to in writing prior to the commencement of a project.

Any project that is given either (a) same day, end of day or (b) next day, end of day deadline will be subject to a Rush Charge. The Rush Charge for projects or tasks with same day, end of day requested turnaround is 100% of the fees assessed in the normal course of completing the work product.  The Rush Charge for projects or tasks with next day, end of day requested turnaround is 50% of the fees assessed in the normal course of completing the work product.

Term.

Our Engagement will continue indefinitely unless terminated (the “Term”). Either of us can terminate the Engagement at any time for any reason. Upon termination, all fees incurred prior to the termination, or that subsequently become incurred as a result of actions taken prior to the termination, will become due immediately. This Engagement shall survive the sale of the Company or the or substantial transfer of our assets, customers or business to any other entity.

Confidential & Proprietary Information.

We acknowledge that, from time to time, we may become party to Confidential and Proprietary Information about each other. We both acknowledge that Confidential and Proprietary Information is a special, valuable and unique asset, and agree to keep in confidence and trust all Confidential and Proprietary Information. “Confidential and Proprietary Information” means all information, whether in electronic, written, or any other form, of a confidential, proprietary, or secret nature that is or may be applicable or related in any way to the present or future business of either party or any of either party’s clients or customers, including but not limited to any trade secrets, processes, formulas, data, knowhow, compensation systems or methods, improvements, inventions, source codes, computer software, nonpublic financial information, algorithms, databases, flow charts, tables, design information, techniques, lists, marketing plans and strategies, and any and all other nonpublic information concerning our business, clients, customers, contractors or vendors.

Non-Solicitation.

During the Term of this Engagement and for a period of one year following termination, you agree not induce or attempt to induce directly or indirectly any of our employees, contractors, members or representatives to terminate his or its employment or business relationship with us, unless permission to do so is provided in writing, including via E-mail.

Indemnity.

We mutually agree to release and hold each other and any of our past, present or future parents, partners, subsidiaries, predecessors, successors, affiliates, agents and assigns and their respective owners, directors, employees, representatives and attorneys (the “Indemnitees”) harmless from and indemnify them against any and all liabilities, costs, damages, losses and expenses, including reasonable attorneys’ fees, that the Indemnitees incur as a result of any claim, suit, demand, or proceeding instituted against any of them on the basis that the Services infringe on any personal or proprietary right of any third party, including but not limited to rights asserted under any contract or under patent, copyright, trade dress, or trade secret law. This also includes all liability or claims arising from accidents or injury to our employees or third parties acting under the your direct supervision in the course of the performance of the Services. We retain the sole discretion to choose our own legal representation in such matters. This shall survive the termination of our Engagement.

Representations.

Finally, you represent and warrant that you are able to enter into this Engagement, and that such ability is not limited or restricted by any agreements or understandings between yourself and any other persons or companies.

*Effective as of April 1, 2018

Overview

Protecting your private information is our priority. This Statement of Privacy applies to Merlin Creative, Inc. (“Merlin”), https://hellomerlin.com and https://app.hellomerlin.com, and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to Merlin Creative, Inc. include https://hellomerlin.com, http://app.hellomerlin.com and Merlin.  The Merlin website is a technology and creative services site. By using the Merlin website(s) and/or Merlin services provided through such website(s), you consent to the data practices described in this statement.

Collection of your Personal Information

Merlin may collect personally identifiable information, such as your name. If you purchase Merlin’s products and services, we collect billing and credit card information. This information is used to complete the purchase transaction. Merlin may also collect anonymous demographic information, which is not unique to you, such as your age and gender. We may gather additional personal or non-personal information in the future.

Information about your computer hardware and software may be automatically collected by Merlin. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Merlin website.

Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through Merlin’s public message boards, this information may be collected and used by others.

Merlin encourages you to review the privacy statements of websites you choose to link to from Merlin so that you can understand how those websites collect, use and share your information. Merlin is not responsible for the privacy statements or other content on websites outside of the Merlin website.

Use of your Personal Information

Merlin collects and uses your personal information to operate its website(s) and deliver the services you have requested.

Merlin may also use your personally identifiable information to inform you of other products or services available from Merlin and its affiliates. Merlin may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

Merlin does not sell, rent or lease its customer lists to third parties.

Merlin may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is transferred to the third party. Merlin may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Merlin, and they are required to maintain the confidentiality of your information.

Merlin may keep track of the websites and pages our users visit within Merlin, in order to determine what Merlin services are the most popular. This data is used to deliver customized content and advertising within Merlin to customers whose behavior indicates that they are interested in a particular subject area.

Merlin will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Merlin or the site; (b) protect and defend the rights or property of Merlin; and, (c) act under exigent circumstances to protect the personal safety of users of Merlin, or the public.

Use of Cookies

The Merlin website may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Merlin pages, or register with Merlin site or services, a cookie helps Merlin to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Merlin website, the information you previously provided can be retrieved, so you can easily use the Merlin features that you customized.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Merlin services or websites you visit.

Security of your Personal Information

Merlin secures your personal information from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.

Children Under Thirteen

Merlin does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.

Opt-Out & Unsubscribe

We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from Merlin by contacting us here:
– Email: optout@hellomerlin.com

Changes to this Statement

Merlin will occasionally update this Statement of Privacy to reflect company and customer feedback, and changes will become immediately effective upon posting. Merlin encourages you to periodically review this Statement to be informed of how Merlin is protecting your information.

Contact Information

Merlin welcomes your questions or comments regarding this Statement of Privacy. If you believe that Merlin has not adhered to this Statement, please contact Merlin at:

Merlin Creative, Inc.
ATTN: LEGAL
205 Hudson Street
7th Floor
New York, New York 10013

Email Address:
hello@hellomerlin.com

Overview.

Welcome to Merlin Creative, Inc. (the “Company”).  We invent and deliver creative digital platforms and content through our curated network of top-tier talent, and we’re excited about our partnership together. These are our Standard Terms & Conditions of Service, which sets out the services, fees and other terms of our engagement (the “Engagement”).

Services.

We will provide the Customer (“you”) with creative talent (our “Partners”) and services which may include, but are not limited to, interactive, social media, multi-media, design, strategic communications, messaging, project management, research, writing and content creation. The services of our company and Partners may be obtained individually or collectively, at your discretion.

Consideration.

For our services, we charge per person hour worked, as explained in our pricing policy at the time you sign up as a Customer.  Specific fees may vary based on pricing plan and/or other considerations made at the time of sign up.  Billable time is measured in increments of 1/4th of an hour.  Our fees may be amended from time to time, and you will be given notice no less than 30 days in advance of any change in fees using the E-mail address you provided when you signed up, which can be amended by you at any time by signing into your account and managing your profile settings. You will be billed or charged no less than monthly for services rendered during the previous month for ongoing projects, or, upon completion of any specific project, either on the credit card you provided or, if specifically agreed to by the Company, against funds placed in escrow. We will bill for expenses incurred in the performance of the services provided that, without advance notice, no single expense shall be greater than $100 without prior approval or, in the case of subcontractors, no expense shall be incurred at an hourly rate greater than our hourly fee for service. Any work product we create will remain our property until fees for such work product are fully satisfied, at which time you will become the sole owner of the work product. Nonetheless, we reserve the right to utilize any work product created by the Company for the promotion of the Company, unless specifically agreed to in writing prior to the commencement of a project.

Term.

Our Engagement will continue indefinitely unless terminated (the “Term”). Either of us can terminate the Engagement at any time for any reason. Upon termination, all fees incurred prior to the termination, or that subsequently become incurred as a result of actions taken prior to the termination, will become due immediately. This Engagement shall survive the sale of the Company or the or substantial transfer of our assets, customers or business to any other entity.

Confidential & Proprietary Information.

We acknowledge that, from time to time, we may become party to Confidential and Proprietary Information about each other. We both acknowledge that Confidential and Proprietary Information is a special, valuable and unique asset, and agree to keep in confidence and trust all Confidential and Proprietary Information. “Confidential and Proprietary Information” means all information, whether in electronic, written, or any other form, of a confidential, proprietary, or secret nature that is or may be applicable or related in any way to the present or future business of either party or any of either party’s clients or customers, including but not limited to any trade secrets, processes, formulas, data, knowhow, compensation systems or methods, improvements, inventions, source codes, computer software, nonpublic financial information, algorithms, databases, flow charts, tables, design information, techniques, lists, marketing plans and strategies, and any and all other nonpublic information concerning our business, clients, customers, contractors or vendors.

Non-Solicitation.

During the Term of this Engagement and for a period of one year following termination, you agree not induce or attempt to induce directly or indirectly any of our employees, contractors, members or representatives to terminate his or its employment or business relationship with us, unless permission to do so is provided in writing, including via E-mail.

Indemnity.

We mutually agree to release and hold each other and any of our past, present or future parents, partners, subsidiaries, predecessors, successors, affiliates, agents and assigns and their respective owners, directors, employees, representatives and attorneys (the “Indemnitees”) harmless from and indemnify them against any and all liabilities, costs, damages, losses and expenses, including reasonable attorneys’ fees, that the Indemnitees incur as a result of any claim, suit, demand, or proceeding instituted against any of them on the basis that the Services infringe on any personal or proprietary right of any third party, including but not limited to rights asserted under any contract or under patent, copyright, trade dress, or trade secret law. This also includes all liability or claims arising from accidents or injury to our employees or third parties acting under the your direct supervision in the course of the performance of the Services. We retain the sole discretion to choose our own legal representation in such matters. This shall survive the termination of our Engagement.

Representations.

Finally, you represent and warrant that you are able to enter into this Engagement, and that such ability is not limited or restricted by any agreements or understandings between yourself and any other persons or companies.

*Effective as of April 1, 2018

Overview

Protecting your private information is our priority. This Statement of Privacy applies to Merlin Creative, Inc. (“Merlin”), https://hellomerlin.com and https://app.hellomerlin.com, and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to Merlin Creative, Inc. include https://hellomerlin.com, http://app.hellomerlin.com and Merlin.  The Merlin website is a technology and creative services site. By using the Merlin website(s) and/or Merlin services provided through such website(s), you consent to the data practices described in this statement.

Collection of your Personal Information

Merlin may collect personally identifiable information, such as your name. If you purchase Merlin’s products and services, we collect billing and credit card information. This information is used to complete the purchase transaction. Merlin may also collect anonymous demographic information, which is not unique to you, such as your age and gender. We may gather additional personal or non-personal information in the future.

Information about your computer hardware and software may be automatically collected by Merlin. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Merlin website.

Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through Merlin’s public message boards, this information may be collected and used by others.

Merlin encourages you to review the privacy statements of websites you choose to link to from Merlin so that you can understand how those websites collect, use and share your information. Merlin is not responsible for the privacy statements or other content on websites outside of the Merlin website.

Use of your Personal Information

Merlin collects and uses your personal information to operate its website(s) and deliver the services you have requested.

Merlin may also use your personally identifiable information to inform you of other products or services available from Merlin and its affiliates. Merlin may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

Merlin does not sell, rent or lease its customer lists to third parties.

Merlin may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is transferred to the third party. Merlin may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Merlin, and they are required to maintain the confidentiality of your information.

Merlin may keep track of the websites and pages our users visit within Merlin, in order to determine what Merlin services are the most popular. This data is used to deliver customized content and advertising within Merlin to customers whose behavior indicates that they are interested in a particular subject area.

Merlin will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Merlin or the site; (b) protect and defend the rights or property of Merlin; and, (c) act under exigent circumstances to protect the personal safety of users of Merlin, or the public.

Use of Cookies

The Merlin website may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize Merlin pages, or register with Merlin site or services, a cookie helps Merlin to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Merlin website, the information you previously provided can be retrieved, so you can easily use the Merlin features that you customized.

You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Merlin services or websites you visit.

Security of your Personal Information

Merlin secures your personal information from unauthorized access, use or disclosure. When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.

Children Under Thirteen

Merlin does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.

Opt-Out & Unsubscribe

We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from Merlin by contacting us here:
– Email: optout@hellomerlin.com

Changes to this Statement

Merlin will occasionally update this Statement of Privacy to reflect company and customer feedback, and changes will become immediately effective upon posting. Merlin encourages you to periodically review this Statement to be informed of how Merlin is protecting your information.

Contact Information

Merlin welcomes your questions or comments regarding this Statement of Privacy. If you believe that Merlin has not adhered to this Statement, please contact Merlin at:

Merlin Creative, Inc.
ATTN: LEGAL
205 Hudson Street
7th Floor
New York, New York 10013

Email Address:
hello@hellomerlin.com