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Terms & Conditions

Last Updated: October 04, 2024
 

This Terms of Use Agreement ("Agreement") is a legally binding contract between Design Scription, a limited liability company (“Company”) and the individual or entity accessing or using the website (“Client”). By using the Company's website www.designscription.net (“Website”) or any related online or mobile platform, Client agrees to comply with these terms. If the Client does not agree with any of these terms, they must immediately stop using the Website. Client’s obligation to pay for any services already rendered remains in effect regardless of discontinuation of the use of the Website.
 

1. Intellectual Property

All content on the Website, including but not limited to code, databases, text, graphics, and trademarks ("Content" and "Marks"), are the exclusive property of the Company and protected by applicable intellectual property laws. The use of any portion of the Website or its Content for commercial purposes is strictly prohibited without prior written permission from the Company.
 

2. Ownership of Materials

The Client retains ownership of all designs, files, and projects created specifically for them by the Company (“Projects”). In any instance where legal rights might imply ownership by the Company, the Company hereby assigns those rights back to the Client. The Client is responsible for ensuring that any materials provided for use in Projects do not infringe on third-party intellectual property rights. The Company reserves the right to display or share completed work unless otherwise stated in a written agreement.
 

3. Third-Party Fonts

If any design incorporates third-party fonts requiring a separate license, the Company will inform the Client. The Client is responsible for obtaining the necessary licenses for those fonts and assumes any legal risk from failure to do so after being notified by the Company.


4. Client Representations

By using the Website, the Client confirms they:

  • Have the legal capacity to enter into these terms.

  • Are not a minor in their jurisdiction.

  • Will not access the Website via automated methods.

  • Will not use the Website for any unlawful activities.

  • Will comply with all applicable laws in using the Website.


5. Prohibited Activities

Clients agree not to use the Website for purposes other than those intended by the Company. The following activities are expressly prohibited:

  • Unauthorized use or access to the Website.

  • Circumventing security features.

  • Framing or linking the Website without authorization.

  • Engaging in deceptive or fraudulent activities.

  • Disrupting the Website’s operations or networks.

  • Attempting to reverse-engineer any part of the Website’s software.

  • Using the Website to compete with the Company.

  • Uploading harmful software, viruses, or similar destructive elements.

  • Violating any applicable laws.


6. Feedback and Submissions

Any feedback, suggestions, or comments provided by the Client ("Submissions") become the sole property of the Company. The Company may use, share, or distribute these Submissions without the need to compensate or credit the Client, except where rights to Projects are explicitly granted to the Client.
 

7. Website Management

The Company reserves the right to monitor and manage the Website, including enforcing these terms and taking any necessary legal action. The Company may also restrict or terminate a Client’s access at its discretion without notice or liability.
 

8. Privacy Policy

By using the Website, the Client agrees to the Company's Privacy Policy. The Website is based in the U.S., and international users are responsible for complying with local data protection laws when using the Website.
 

9. Refunds and Returns

Refund requests will be evaluated on a case-by-case basis at the Company's discretion. If a refund is granted, any materials produced during the first month of service remain the property of the Company and may not be used by the Client. A 25% fee will apply to the remaining period of any refunded service.
 

10. Modifications

The Company reserves the right to update or modify any part of the Website or these terms without notice. Continued use of the Website after changes constitutes acceptance of the updated terms.


11. Service Interruptions

The Company does not guarantee continuous access to the Website and is not responsible for any service interruptions or downtime.
 

12. Governing Law

These Terms are governed by applicable laws, and any legal disputes must be filed in courts of appropriate jurisdiction.
 

13. Dispute Resolution

All disputes arising under these terms must be resolved in the state or federal courts located in the appropriate jurisdiction, and the Client consents to the jurisdiction of these courts.
 

14. Disclaimer

The Website is provided "as-is" without any guarantees. The Company disclaims all liability for any harm resulting from the use of the Website, including but not limited to data loss, service interruptions, or unauthorized access to user information.
 

15. Limitation of Liability and Indemnification

The Company shall not be held liable for any indirect or consequential damages, and the Client agrees to indemnify the Company from claims arising out of misuse of the Website, breach of these terms, or infringement of third-party rights.
 

16. User Data

Clients are responsible for maintaining and securing any data transmitted or stored on the Website, and the Company disclaims responsibility for any loss or corruption of such data.
 

17. Electronic Communications

The Client agrees to receive electronic communications from the Company and acknowledges that electronic agreements, signatures, and transactions carry the same legal weight as written counterparts.
 

18. Display of Work

Unless agreed otherwise in writing, Design Scription reserves the right to showcase completed work publicly, including on its website and social media channels.
 

19. Referrals

Referral programs are managed through third-party services, and the Company is not responsible for issues related to these third-party platforms.
 

20. Miscellaneous

These terms represent the complete understanding between the Client and the Company. If any provision is found to be unenforceable, it does not affect the validity of the remaining provisions.

Contact Information

For questions or concerns, contact Design Scription at hello@designscription.net.

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