'THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between SEVEN DIGITAL CREATIVES LLC, a limited liability company organized under the laws of the state of Delaware (“Seven Digital Creatives LLC”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of Seven Digital Creatives LLC’s website: https://www.sevendigitalcreatives.com (the “Website”) and any other media form, channel, mobile website or mobile application related, linked, or otherwise connected thereto. Failure to agree to and adhere to all of the terms, conditions, and obligations contained herein results in the express prohibition of the Client’s use of the Website, and the Client is ordered to discontinue use immediately. Thereafter the relationship between Client and Seven Digital Creatives LLC shall cease and be of no further force and effect between the parties, except that any obligation of the Client to pay Seven Digital Creatives LLC for services rendered shall remain and continue to be an ongoing obligation owed by the Client to Seven Digital Creatives LLC.
1. Intellectual Property Rights
Unless otherwise indicated, the Website is the property of Seven Digital Creatives LLC, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics of any nature and regardless of format (collectively or individually referred to as the “Content”), and the trademarks, service marks, and logos contained therein (the “Marks”) are owned and controlled by Seven Digital Creatives LLC and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, foreign jurisdictions, and international conventions. The Content and Marks are provided "As-Is" for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Seven Digital Creatives LLC’s express prior written permission. Seven Digital Creatives LLC reserves all rights in the Website, Content, and Marks.
2. Ownership of Materials
Notwithstanding Seven Digital Creatives LLC’s ownership of Submissions, as described in Paragraph 4 (“Client Feedback”), all design and original source files created on the Client’s behalf (“Projects”) belong to the Client, and the Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause Seven Digital Creatives LLC to become the owner of a Project, in whole or in part, rather than the Client, Seven Digital Creatives LLC irrevocably and perpetually assigns its entire interest in the Project to the Client, without limitation. The Client warrants that any and all materials provided to Seven Digital Creatives LLC as examples or as material to be incorporated into a project during the design process are owned by the Client and do not infringe on or misappropriate any third party’s rights, including, but not limited to, all intellectual property rights and any right of publicity. Seven Digital Creatives LLC always reserves the right to share the Client's design work publicly (social media, website, etc.) unless otherwise agreed upon as stated in section 18 of this document.
3. Third-Party Fonts
In the event that any Project incorporates fonts that are not owned by Seven Digital Creatives LLC and require a commercial license in order for the Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), Seven Digital Creatives LLC will inform the Client in writing that one or more Third-Party Fonts have been incorporated into the Project and that the Client will need to purchase one or more licenses for the Third-Party Fonts from the rights-holder(s) of said Third Party Fonts in order to legally reproduce, distribute, or publicly display the Project. Said notice will include information sufficient for the Client to identify which licenses are required and who to contact in order to purchase said licenses. As long as Seven Digital Creatives LLC has informed the Client of the incorporation of Third-Party Fonts as described above, the Client assumes all responsibility for any consequences as a result of a failure by the Client to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.
4. User Representations
By using the Website, the Client represents and warrants that: the Client has the legal capacity and agrees to comply with these Terms of Use; the Client is not a minor in the jurisdiction of their domicile; the Client will not access the Website through automated or non-human means; the Client will not use the Website for any illegal or unauthorized purpose; the Client’s use of the Website will not violate any applicable law or regulation.
5. Prohibited Activities
The Client shall not access or use the Website for any purpose other than that for which the Website is made available to the Client. The Website may not be used in connection with any commercial endeavors except those related to the work performed by Seven Digital Creatives LLC on behalf of the Client. Further, the Client agrees to refrain from the following: Making any unauthorized use of the Website; Retrieving data or content for the purposes of creating or compiling a database or directory; Circumventing, disabling, or otherwise interfering with security-related features on the Website; Engaging in unauthorized framing or linking of the Website; Tricking, defrauding, or misleading Seven Digital Creatives LLC or other users; Interfering with, disrupting, or creating an undue burden on the Website or Seven Digital Creatives LLC’s networks or servers; Using the Website in an effort to compete with Seven Digital Creatives LLC; Deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up a part of the Website; Bypassing any measures on the Website designed to prevent or restrict access to the Website or any portion thereof; Harassing, annoying, intimidating, or threatening any of Seven Digital Creatives LLC’s employees, independent 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 material including anything that interferes with any party’s use of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations, or maintenance of the Website; Uploading or transmitting, or attempting to do so, any material that acts as a passive or active information collection or transmission mechanism; Disparaging, tarnishing, or otherwise harming Seven Digital Creatives LLC; Using the Website in a manner inconsistent with any applicable laws, statutes, or regulations.
6. Client Feedback
The Client acknowledges and agrees that any questions, comments, suggestions, or other feedback or submission (each a “Submission”) shall be the sole property of Seven Digital Creatives LLC and Seven Digital Creatives LLC is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. Seven Digital Creatives LLC shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to the Client under Paragraph 2 (“Ownership of Materials”), and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment, or compensation of or to the Client. The Client agrees that it has the right to articulate and put forth the Submission and the Client hereby waives all claims and recourse against Seven Digital Creatives LLC for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.
7. Management and Oversight
Seven Digital Creatives LLC reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute, or regulation. Seven Digital Creatives LLC further reserves the right to restrict or deny access to the Website or disable the Client’s use of the Website. Such decision shall be in the sole discretion of Seven Digital Creatives LLC, without notice or liability to the Client. All decisions regarding the management of the Website shall be at the sole discretion of Seven Digital Creatives LLC and shall be designed to protect Seven Digital Creatives LLC’s rights and property.
8. Privacy Policy
By using the Website, the Client agrees to be bound and abide by the Privacy Policy and the terms more particularly set forth therein and adopted and incorporated herein. The Website is hosted in the United States of America. Access to the Website from the EU, Asia, or other regions of the world may result in the applicability of laws, statutes, or regulations differing from those of the United States which govern personal data collection, use, or disclosure. The Client’s continued use of the Website and transfer of data to the United States constitutes express consent of the Client to the transfer and processing of data in the United States. Seven Digital Creatives LLC does not knowingly accept or solicit information from individuals under the age of 18. In accordance with the United States’ Children’s Online Privacy Protection Act, upon the receipt of actual knowledge that an individual under the age of 13 has provided personally identifiable information to Seven Digital Creatives LLC without parental consent, Seven Digital Creatives LLC shall delete that information as soon as reasonably practical.
9. Returns and Refunds
Seven Digital Creatives LLC reserves the right to deny refunds based on its own self-discretion and without notice or liability to the Client. Refund requests are assessed on a case-by-case basis. Should the Client request a refund during the first month of use, all materials produced by Seven Digital Creatives LLC are ownership of the company and are prohibited from being used by the Client in any way.