Effective Date: December 11th, 2023,
This document, referred to as the Terms and Conditions Agreement (the "Agreement"), is a legally enforceable contract between ASAPdesigner, LLC, a company incorporated under the laws of Missouri ("ASAPdesigner"), and its clients ("Client"). This Agreement covers the terms governing the Client's interaction with and use of ASAPdesigner’s website www.asapdesigner.com (the "Website") and any associated media forms, channels, and mobile applications. Non-adherence to these terms will require the Client to immediately cease using the Website. In such cases, all interaction between the Client and ASAPdesigner will end, except for the Client's ongoing obligations to pay for services provided by ASAPdesigner.
1. Intellectual Property Rights
ASAPdesign exclusively owns the Website and all its contents, including but not limited to, source code, databases, functionality, website designs, audio, video, text, photographs, and graphics (collectively referred to as “Content”), as well as all trademarks, service marks, and logos (the “Marks”) contained therein. These are safeguarded by copyright, trademark, and other applicable intellectual property rights in the United States and international jurisdictions. The Content and Marks are offered on an “As-Is” basis solely for your informational and personal use. Unauthorized replication, distribution, or commercial exploitation of any part of the Website, Content, or Marks, without explicit written permission from ASAPdesigner, is strictly prohibited. All rights in the Website, Content, and Marks are reserved by ASAPdesigner.
2. Material Ownership
Despite ASAPdesigner’s ownership of the initial design inputs, all completed design projects and original source files crafted for the Client ("Projects") are the exclusive property of the Client. This includes all copyright aspects of the Projects. Should any legal circumstance result in ASAPdesigner inadvertently owning any portion of a Project, ASAPdesigner will unconditionally and perpetually transfer all such rights to the Client. The Client guarantees that all materials supplied to ASAPdesigner, whether for inspiration or incorporation into a design, are owned by the Client and do not violate any third-party rights, including intellectual property and publicity rights. Notwithstanding, ASAPdesigner retains the right to display the Client's design work in public domains (such as social media and its website) unless explicitly waived as outlined in section 18 of this Agreement.
3. Third-Party Fonts
If a Project incorporates Third-Party Fonts that are not owned by ASAPdesigner and require a commercial license for legal reproduction, distribution, or public display, ASAPdesigner will inform the Client in writing. This notification will include necessary details for the Client to identify and acquire the required licenses for these Third-Party Fonts. The Client is responsible for obtaining these licenses and bears all consequences of failing to do so, provided ASAPdesigner has fulfilled its duty to inform.
4. User Representations
By accessing the Website, the Client affirms that: they possess the legal capacity and agree to comply with this Agreement; they are of legal age in their jurisdiction; they will not use automated methods to access the Website; their use of the Website will not be for unlawful purposes and will comply with all applicable laws and regulations.
5. Prohibited Activities
The Client is restricted to using the Website only for purposes related to ASAPdesigner’s services. The following actions are prohibited: unauthorized Website usage; creating databases or directories from Website content; circumventing Website security features; unauthorized Website framing or linking; deceptive practices towards ASAPdesigner or other users; overburdening the Website or ASAPdesigner systems; competing with ASAPdesigner using the Website; reverse engineering any part of the Website; bypassing Website access restrictions; harassment of ASAPdesigner personnel; copyright notice removal from any content; copying or adapting the Website’s software; uploading harmful or disruptive materials; and using the Website in a manner inconsistent with any applicable laws.
6. Client Feedback