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Terms and Conditions
Last Udated: 07.16.2023
THIS USER AGREEMENT (the "Agreement") forms a legally enforceable contract between DESIGN ANCHOR, LLC, a limited liability company structured under the jurisdiction of Maryland state laws ("Design Anchor") and the client, either as an individual or representing an entity ("Client"). This Agreement governs access to and the use of Design Anchor's website: https://www.designanchor.co/ (the "Website") along with any other media platforms, channels, mobile websites or mobile applications linked or connected to it in any manner. Non-acceptance or non-compliance with all the stipulations, terms, and responsibilities herein results in an explicit restriction on the Client’s utilization of the Website, and the Client is directed to cease use instantly. Subsequently, the interaction between the Client and Design Anchor shall terminate, holding no further binding effect between the parties. However, any obligation of the Client to compensate Design Anchor for services provided will persist and continue to be a continuous obligation owed by the Client to Design Anchor.
1. Proprietary Rights
Unless stated otherwise, the Website is the property of Design Anchor, encompassing all source code, databases, functionalities, software, website designs, audio, video, text, photographs, and graphics of all types and formats (collectively or individually referred to as "Content") as well as the trademarks, service marks, and logos contained therein ("Marks"). These are owned and managed by Design Anchor and are safeguarded by copyright and trademark laws, along with any other pertinent intellectual property laws or regulations of the United States, foreign jurisdictions, and international conventions. The Content and Marks are presented "As-Is" solely for your knowledge and personal utilization. Except as expressly stated in this Agreement, no segment of the Website or Content can be duplicated, reproduced, gathered, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial endeavor, without the express prior written consent of Design Anchor. Design Anchor reserves all rights concerning the Website, Content, and Marks.
2. Material Ownership
Despite Design Anchor’s ownership of Submissions, as defined in Paragraph 4 (“Client Feedback”), all designs and original source files created on behalf of the Client (“Projects”) are the property of the Client, with the Client being the exclusive owner of the copyright for all Projects. In the instance that any legal provision results in Design Anchor becoming the owner, wholly or partially, of a Project instead of the Client, Design Anchor irrevocably and perpetually transfers all its interests in the Project to the Client, without restrictions. The Client assures that any materials given to Design Anchor as references or to be integrated into a project during the design phase are owned by the Client and do not violate or misappropriate any third-party rights, including, but not limited to, all intellectual property rights and any publicity rights. Design Anchor always retains the right to publicly showcase the Client's design work (social media, website, etc.) unless otherwise agreed as mentioned in section 18 of this document.
3. Usage of Third-Party Fonts
Should any Project involve fonts not owned by Design Anchor and necessitate a commercial license for the Client to lawfully reproduce, distribute, or publicly exhibit the Project ("Third-Party Font(s)"), Design Anchor will notify the Client in writing about the incorporation of one or more Third-Party Fonts into the Project. The Client will then need to procure one or more licenses for these Third-Party Fonts from their respective rights-holder(s) to legally reproduce, distribute, or publicly display the Project. The notice will provide sufficient details for the Client to identify the required licenses and whom to approach for purchasing said licenses. Provided Design Anchor has duly informed the Client about the usage of Third-Party Fonts as described above, the Client bears all responsibility for any ramifications resulting from the Client's failure to purchase one or more licenses for any Third-Party Fonts included in a Project.
4. User Assurances
In utilizing the Website, the Client asserts and guarantees that: The Client possesses the legal capacity and consents to abide by these Terms of Use; The Client is not considered a minor in their place of residence; The Client will not access the Website via automated or non-human methods; The Client will not exploit the Website for any unlawful or unauthorized activities; The Client's usage of the Website will not infringe any applicable law or regulation.
5. Restricted Activities
The Client is only allowed to access and use the Website for its intended purpose. The Website must not be employed for commercial endeavors unrelated to the tasks conducted by Design Anchor for the Client. Moreover, the Client agrees to avoid the following activities: Unauthorized utilization of the Website; Retrieving data or content with the intent of creating or compiling a database or directory; Circumventing or interfering with security-related features of the Website; Unauthorized framing or linking to the Website; Deceiving or misleading Design Anchor or other users; Disrupting the Website or Design Anchor's networks or servers; Using the Website to compete with Design Anchor; Decoding, decompiling, disassembling, or reverse engineering any software that forms part of the Website; Bypassing any measures designed to prevent or limit access to the Website or any part of it; Harassing, annoying, intimidating, or threatening any of Design Anchor's employees, contractors, or agents providing services through the Website; Deleting the copyright or other rights notice from any Content; Copying or adapting the Website’s software; Uploading or transmitting, or attempting to do so, viruses, Trojan horses, or other harmful material that interferes with the use of the Website or alters its functions, features, or maintenance; Uploading or transmitting, or attempting to do so, any material that serves as a passive or active information collection or transmission mechanism; Discrediting, tarnishing, or causing harm to Design Anchor; Utilizing the Website in a way that contravenes any applicable laws, regulations, or statutes.
6. Feedback from the Client
The Client acknowledges and agrees that any questions, comments, suggestions, or other feedback or submission (each a "Submission") becomes the sole property of Design Anchor. Design Anchor is not obligated to maintain confidentiality or take necessary steps to ensure the confidentiality of a Submission. Except for rights granted to the Client under Paragraph 2 ("Ownership of Materials"), Design Anchor shall own all rights related to the Submission. Design Anchor can, at its sole discretion, use and disseminate a Submission for any lawful purpose without requiring permission, acknowledgment, or compensation to or from the Client. The Client agrees that it has the right to express and submit the Submission and hereby forgoes all claims and recourse against Design Anchor for its use of the Submission as per the terms herein and at its sole discretion in the future.
7. Supervision and Control
Design Anchor retains the right to monitor the Website for any breaches of these Terms of Use and to take suitable legal action in response to any violations of these Terms or any applicable law, statute, or regulation. Design Anchor also reserves the right to restrict or deny access to the Website or disable the Client's use of the Website. Such decisions shall lie solely within Design Anchor's discretion, without notice or liability to the Client. All determinations concerning the administration of the Website will be made at Design Anchor's sole discretion, with the aim of protecting Design Anchor's rights and property.
8. Privacy Agreement
By utilizing the Website, the Client agrees to abide by and be bound by the Privacy Policy and the terms therein, which are hereby adopted and incorporated. The Website is hosted in the United States of America. If the Website is accessed from the EU, Asia, or any other global region, different laws, statutes, or regulations concerning personal data collection, use, or disclosure may apply. The Client's continuous use of the Website and data transfer to the United States signifies the Client's explicit consent to the transfer and processing of data within the United States. Design Anchor does not knowingly collect or solicit information from individuals under the age of 18. In accordance with the United States' Children’s Online Privacy Protection Act, upon receiving actual knowledge that an individual under the age of 13 has provided personally identifiable information to Design Anchor without parental consent, Design Anchor will delete that information as promptly as possible.
9. Refunds and Returns
Design Anchor maintains the right to deny refund requests at its own discretion and without any notice or liability to the Client. Requests for refunds are evaluated on an individual basis. If the Client requests a refund during the first month of use, all materials produced by Design Anchor remain the property of the company and are not to be used by the Client in any way.If a refund is deemed appropriate, a 25% fee will be charged on the remaining billable period.
Design Anchor retains the right to take suitable legal actions against the Client for violating this clause.
10. Changes and Adjustments
Design Anchor retains the right to alter, modify, amend, or remove anything or any content on the Website for any reason at its exclusive discretion. Design Anchor holds the right to alter or terminate all or part of the Website without prior notification and without any liability to the Client.
11. Service Disruptions
Design Anchor does not guarantee that the Website will be available and accessible at all times. Technical difficulties involving hardware, software, or other factors could result in interruptions, delays, or errors beyond Design Anchor's control. The Client agrees that Design Anchor shall not be held accountable for any loss, damage, or inconvenience caused by the Client's inability to access or use the Website during any interruption in connection or service.
12. Jurisdiction
These Terms of Use shall be governed by and construed following the laws of the State of Maryland, without regard to conflict of law principles.
13. Legal Disputes
Any legal action of whatever nature shall be brought in the state courts of Washington County, Maryland, or in the United States District Court for the District of Maryland. The parties hereto consent to personal jurisdiction in these courts and waive all defenses of lack of personal jurisdiction and forum non conveniens concerning venue and jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms of Use.
14. Disclaimer of Warranty
The Website is provided on an 'as-is', 'as-available' basis. The Client agrees that their use of the Website and Services is at their sole risk. Design Anchor disclaims all warranties, either express or implied, in connection with the Website and the Client's use thereof, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Design Anchor makes no warranties or representations about the accuracy or completeness of the Website's content or the content of any websites linked to the Website. Design Anchor assumes no liability for errors, inaccuracies in content and materials, personal injury or property damage, any unauthorized access or use of Design Anchor’s secure servers and/or any personal or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses or the like transmitted to or through the Website by any third party, or any errors or omissions in content and materials. Design Anchor does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party either through the Website, a hyperlinked website, or any website or mobile application featured in any advertising.
15. Liability Limitations and Indemnification
Design Anchor and its directors, employees, members, independent contractors, or agents shall not be liable to the Client or any third party for any direct, indirect, consequential, incidental, special, or punitive damages, including lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures, or other damages or losses resulting from the Client's use of the Website. The Client agrees to defend, indemnify, and hold harmless Design Anchor, its subsidiaries, affiliates, officers, members, agents, partners, employees, and independent contractors from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Website; (2) breach of these Terms of Use; (3) any breach of the Client’s representations and warranties set forth herein; (4) the Client’s violation of the rights of any third party, including but not limited to intellectual property rights. Despite the foregoing, Design Anchor reserves the right, at the Client's expense, to assume control and defense of any matter for which the Client shall be required to indemnify Design Anchor hereunder. The Client agrees to cooperate with the defense of such claims.
16. Client Data
The Client is solely responsible for all data transmitted to or related to any activity the Client has undertaken using the Website. Design Anchor shall have no liability to the Client for any loss or corruption of any such data, and the Client hereby waives any right of action against Design Anchor arising from any such loss or corruption.
17. Electronic Communications, Transactions, and Signatures
The Client hereby agrees to receive electronic communications from Design Anchor and agrees that all agreements, notices, disclosures, and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing. The Client hereby agrees to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by Design Anchor or through the Website. The Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature, delivery, or retention of non-electronic records or payments, or the granting of credits by any means other than electronic.
18. Showcasing Design Work
Design Anchor reserves the right to share design work on digital channels, including social media and its website, unless otherwise agreed upon. The Client has the option to issue a Non-Disclosure Agreement (NDA) with Design Anchor, which would negate Design Anchor's rights to share or discuss the Client's work publicly.
19. Miscellaneous
These Terms of Use, along with any policies posted on the Website, constitute the entire agreement and understanding between the Client and Design Anchor. Design Anchor's failure to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. If any provision or part of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision will be severed from these Terms of Use. However, this will not affect the validity or enforceability of the remaining provisions. Nothing in these Terms of Use, the Privacy Policy, or on the Website should be construed as forming a joint venture, partnership, employment, or agency relationship between the Client and Design Anchor.
20. Contact Information
For any questions or complaints regarding the Website, please contact Design Anchor at: hello@designanchor.co.