Last updated: 08/16/2024
THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between Inkworks Media, and (you) the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of Inkworks Media’s website: https://inkworksmedia.com/ (the “Website”) and any other media form, channel, mobile website or mobile application related, linked or otherwise connected thereto. If the Client does not agree to and follow all the terms, conditions, and obligations stated here, they are explicitly forbidden from using the Website and must stop using it immediately. Thereafter the relationship between Client and Inkworks Media shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Inkworks Media for services rendered shall remain and continue to be an ongoing obligation owed by Client to Inkworks Media.
1. Intellectual Property Rights
Unless otherwise indicated, the Website is the property of Inkworks Media and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by Inkworks Media 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 offered “As-Is” solely for your information and personal use. Unless explicitly stated otherwise, no part of the Website or its Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or used for any commercial purpose without the express prior written consent of Inkworks Media. Inkworks Media reserves all rights in the Website, Content and Marks.
2. Ownership of Materials
Despite Inkworks Media’s ownership of Submissions, as outlined in Section 6 (“Client Feedback”), all design and original source files created for the Client (“Projects”) are owned by the Client, who holds the exclusive copyright for all Projects. If any legal circumstance would result in Inkworks Media owning a Project, in whole or in part, instead of the Client, Inkworks Media irrevocably and perpetually assigns its entire interest in the Project to the Client, without any limitations. Client warrants that any and all materials provided to Inkworks Media as examples or as material to be incorporated into a project during the design process are owned by 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. Inkworks Media always reserves the right to share the Client’s design work publicly (social media, website, etc.) unless disagreed by client.
3. Third-Party Fonts
In the event that any Project incorporates fonts that are not owned by Inkworks Media and require a commercial license in order for Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), Inkworks Media will inform Client in writing that one or more Third-Party Fonts have been incorporated into the Project and that 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. The notice will provide enough information for the Client to identify the necessary licenses and the contact details for purchasing them. Once Inkworks Media has notified the Client about the inclusion of Third-Party Fonts as described, the Client assumes full responsibility for any consequences resulting from their failure to purchase the required licenses for any Third-Party Fonts used in a Project.
4. User Representations
By using the Website, Client represents and warrants that:
- The Client has the legal capacity and consents to adhere to these Terms of Use;
- The Client is not considered a minor under the laws of their place of residence;
- Client will not access the website through automated or non-human means;
- The Client shall not use the website for any illegal or unauthorized purposes;
- Client’s use of the website will not violate any applicable law or regulation.
5. Prohibited Activities
The Client is prohibited from accessing or using the Website for any purpose other than the one for which it is intended and made available to them. The Website may not be used in connection with any commercial endeavors except those related to the work performed by Inkworks Media on behalf of the Client. Further, Client agrees to refrain from the following:
- Make any unauthorized use of the Website;
- Retrieve data or content for the purposes of creating or compiling a database or directory;
- Circumvent, disable, or otherwise interfere with security-related features on the Website;
- Engage in unauthorized framing or linking of the Website;
- Trick, defraud or mislead Inkworks Media or other users;
- Interfere with, disrupt or create an undue burden on the Website or Inkworks Media’s networks or servers;
- Use the Website in an effort to compete with Inkworks Media;
- Decipher, decompile, disassemble, or reverse engineer any of the software that constitutes or forms any part of the Website;
- Bypass any measures on the Website designed to prevent or restrict access to the Website or any portion thereof;
- Harass, annoy, intimidate, or threaten any of Inkworks Media’s employees, independent contractors, or agents who provide services through the Website;
- Delete the copyright or other rights notice from any Content.
- Copy or adapt the Website’s software;
- Upload or transmit, or attempt 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;
- Upload or transmit, or attempt to do so, any material that acts as a passive or active information collection or transmission mechanism;
- Disparage, tarnish or otherwise harm Inkworks Media;
- Utilize the Website in a way that violates any applicable laws, statutes, or regulations.
6. Client Feedback
Client acknowledges that any feedback or submissions (each a “Submission”) provided to Inkworks Media shall become the sole property of Inkworks Media. Inkworks Media is under no obligation to keep a Submission confidential and may use and disseminate it for any lawful purpose without permission, acknowledgment, or compensation to the Client. Client waives all claims against Inkworks Media for its use of the Submission.
7. Management and Oversight
Inkworks Media reserves the right to monitor the Website for violations of these Terms and to take appropriate legal action in response to any violations. Inkworks Media may restrict or deny access to the Website at its sole discretion without notice or liability to the Client.
8. Privacy Policy
By using the Website, Client agrees to be bound by the Privacy Policy. The Website is hosted in the United States, and by using it, Client consents to the transfer and processing of data in the United States. Inkworks Media does not knowingly collect information from individuals under the age of 18.
9. Returns and Refunds
Refund requests are assessed on a case-by-case basis. If a refund is deemed appropriate, a 25% fee will be applied to the remaining billable period. Inkworks Media reserves the right to deny refunds at its discretion and take legal action for breaches of these terms.
10. Modification
Inkworks Media reserves the right to modify or discontinue the Website or any content on it without notice and without liability to the Client.
11. Connection Interruptions
Inkworks Media does not guarantee that the Website will be available at all times. The Client agrees that Inkworks Media shall not be liable for any loss or inconvenience caused by interruptions in service.
12. Disclaimer
The Website is provided on an as-is basis. Inkworks Media disclaims all warranties, express or implied, including the implied warranties of merchantability and fitness for a particular purpose. Inkworks Media assumes no liability for any errors, omissions, or damages arising from the use of the Website.
13. Limitations of Liability and Indemnification
Inkworks Media shall not be liable for any direct, indirect, incidental, or punitive damages arising from the Client’s use of the Website. The Client agrees to indemnify Inkworks Media against any claims arising from their use of the Website.
14. User Data
The Client is responsible for all data transmitted through the Website. Inkworks Media shall not be liable for any loss or corruption of such data.
15. Electronic Communications, Transactions, and Signatures
The Client consents to receive electronic communications from Inkworks Media and agrees that electronic communications satisfy any legal requirements for written communication. The Client agrees to the use of electronic signatures and records.
16. Showcasing Design Work
Inkworks Media reserves the right to share design work on digital channels unless otherwise agreed upon. The Client may issue an NDA to prevent public sharing of their work.
17. Miscellaneous
These Terms constitute the entire agreement between the Client and Inkworks Media. If any provision is found to be unlawful or unenforceable, it shall not affect the validity of the remaining provisions. These Terms do not create any joint venture, partnership, or employment relationship between the Client and Inkworks Media.
18. Contact Information
For any questions or complaints, please contact Inkworks Media at: hello@inkworksmedia.com.