1. Intellectual Property Rights
1.1. Unless otherwise indicated, the Website is the property of DesignGrind LLC. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned and controlled by DesignGrind. The Content and Marks are provided “as-is” for your personal use only. No part of the Website or Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without DesignGrind’s express prior written permission.
2. Ownership of Materials
2.1. Notwithstanding DesignGrind’s ownership of Submissions (as described in Paragraph 6), all design and original source files created on behalf of the Client (“Projects”) belong to the Client. In the event that any law would cause DesignGrind to become the owner of a Project, DesignGrind irrevocably assigns its entire interest in the Project to the Client.
3. Third-Party Fonts
3.1. If a Project incorporates fonts not owned by DesignGrind that require a commercial license, DesignGrind will inform the Client. The Client will be responsible for purchasing the necessary licenses.
4. User Representations
4.1. By using the Website, the Client represents that they have the legal capacity to comply with these Terms of Use, are not a minor in their jurisdiction, will not access the Website through automated or non-human means, and will use the Website only for legal purposes.
5. Prohibited Activities
5.1. The Client agrees not to engage in prohibited activities such as unauthorized use of the Website, interfering with the security features of the Website, or using the Website to compete with DesignGrind.
6. Client Feedback
6.1. Any submissions or feedback provided to Creative Cure will be the sole property of DesignGrind. DesignGrind reserves the right to use and disseminate submissions without acknowledgment or compensation to the Client.
7. Management and Oversight
7.1. DesignGrind reserves the right to monitor the Website for violations and restrict or deny access at its sole discretion.
8. Privacy Policy
8.1. By using the Website, the Client agrees to be bound by the Privacy Policy, which is incorporated herein by reference.
9. Returns and Refunds
9.1. Refund requests are assessed on a case-by-case basis. If a refund is granted, there will be a 25% fee assigned to the remaining billable period.
10. Modification
10.1. DesignGrind reserves the right to change or modify the content of the Website without notice.
11. Connection Interruptions
11.1. DesignGrind does not guarantee the Website will be available at all times and is not responsible for interruptions or errors beyond its control.
12. Governing Law
12.1. These Terms of Use are governed by the laws of the State of Delaware.
13. Litigation
13.1. Any legal action shall be brought in the state courts of Washington County, Delaware, or the U.S. District Court for the District of Delaware.
14. Disclaimer
14.1. The Website is provided on an “as-is” basis. DesignGrind disclaims all warranties and makes no representations about the accuracy or completeness of the Website.
15. Limitations of Liability and Indemnification
15.1. DesignGrind and its agents shall not be liable for any damages arising from the Client’s use of the Website.
16. User Data
16.1. The Client is solely responsible for all data transmitted through the Website.
17. Electronic Communications, Transactions, and Signatures
17.1. The Client agrees to receive electronic communications and to use electronic signatures, contracts, and records.
18. Showcasing Design Work
18.1. DesignGrind reserves the right to share Client work publicly unless otherwise agreed.
19. Referrals
19.1. Referrals are not currently offered but may be integrated in the future.
20. Miscellaneous
20.1. These Terms of Use constitute the entire agreement between the Client and DesignGrind.