Last updated: 11/09/2023
Intellectual Property Rights
The Website is the sole property of Amazy Design, and all components such as source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics, in any form (collectively and individually referred to as the "Content"), along with all trademarks, service marks, and logos (the "Marks"), are owned by Amazy Design. These elements are protected under copyright and trademark laws, alongside any other relevant intellectual property laws and regulations, both domestic and international. The Content and Marks are made available "As-Is" solely for informational and personal use. Unless explicitly stated in this Agreement, no portion of the Website or its Content may be copied, reproduced, compiled, republished, uploaded, posted, displayed, translated, transmitted, or distributed in any way for any commercial purpose without the express prior written consent of Amazy Design. All rights not expressly granted are reserved by Amazy Design in relation to the Website, its Content, and Marks.
Ownership of Materials
Despite Amazy Design's claim to any submissions as outlined in Section 6 ("Client Feedback"), all designs and original source files crafted on behalf of the Client ("Projects") are the property of the Client, with the Client retaining exclusive copyright over these Projects. Should any legal mechanism inadvertently bestow ownership of a Project upon Amazy Design, Amazy Design will unconditionally and permanently transfer all interests in the Project back to the Client. The Client assures that all materials furnished to Amazy Design for use in the Projects are their property or they have the right to use them, and such materials do not infringe upon or misappropriate any third-party rights, including intellectual property rights and rights of publicity. Amazy Design retains the right to publicly display any of the Client's design work (on social media, its website, etc.) unless explicitly agreed otherwise as per the provisions in section 18 of this Agreement.
Should any Project include fonts that are not proprietary to Amazy Design and which necessitate a commercial license for the Client to lawfully reproduce, distribute, or display the Project publicly ("Third-Party Fonts"), Amazy Design will duly inform the Client in writing. This notification will detail the incorporated Third-Party Fonts and will instruct the Client on obtaining the necessary licenses from the respective rights holders to legally use these fonts. The provided information will be adequate for the Client to identify the needed licenses and the contacts for their procurement. Once Amazy Design has informed the Client of the use of Third-Party Fonts as specified, the Client assumes full responsibility for any repercussions due to their failure to secure the requisite licenses for any Third-Party Fonts used in their Project.
The Client is strictly prohibited from accessing or using the Website for any purposes other than those for which it is intended by Amazy Design. Commercial usage of the Website is limited solely to activities related to services provided by Amazy Design to the Client. Additionally, the Client agrees to refrain from engaging in any unauthorized use of the Website; retrieving, copying, or aggregating data or content to create or compile a database or directory without Amazy Design's consent; circumventing, disabling, or otherwise interfering with any security features of the Website; unauthorized framing or linking to the Website; deceiving, defrauding, or misleading Amazy Design or its users; interfering with, disrupting, or overburdening the Website or the networks or servers connected to it; using the Website in competition with Amazy Design; deciphering, decompiling, disassembling, or reverse-engineering any part of the Website; bypassing any measures designed to prevent or restrict access to the Website; harassing, intimidating, or threatening any of Amazy Design’s employees, contractors, or agents; removing copyright or other proprietary notices from the Website's content; copying or adapting the software of the Website; uploading or transmitting viruses, Trojan horses, or any other harmful code or engaging in any activity that interferes with any party’s uninterrupted use and enjoyment of the Website; or using the Website in a manner that violates any applicable laws or regulations.
Management and Oversight
Returns and Refunds
Amazy Design has the discretion to refuse refunds and will do so without notice or obligation to the Client. Refund requests will be considered individually. If the Client seeks a refund within the initial month of service, all materials produced by Amazy Design remain the property of Amazy Design and must not be used by the Client. Should a refund be granted, a fee equating to 25% of the outstanding billable period will be applied. Amazy Design retains the right to pursue legal action against the Client for any infringement of this clause.
Amazy Design reserves the right to change, modify, or remove any content or aspect of the Website at any time, for any reason, at its sole discretion. This includes the right to modify or discontinue, temporarily or permanently, any part of the Website without prior notice or incurring liability to the Client.
Amazy Design does not warrant that the Website will operate uninterrupted or be available at all times. Interruptions, delays, or errors due to hardware, software, or other technical issues may occur and are often beyond the control of Amazy Design. The Client acknowledges that Amazy Design is not liable for any losses, damages, or inconveniences suffered due to the inability to access or use the Website during any period of downtime or service disruption.
The Website is made available strictly on an "as-is" and "as-available" basis. The Client acknowledges that their use of the Website and its services is at their own risk. Amazy Design expressly disclaims all warranties, whether express or implied, in relation to the Website and the Client’s use of it, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Amazy Design does not make any assertions regarding the accuracy, reliability, or completeness of the Website’s content or that of any sites linked to or from the Website. Furthermore, Amazy Design shall not be liable for any errors, inaccuracies, or omissions in the content, any personal injury or property damage resulting from the Client’s website access or use, unauthorized access to or use of Amazy Design’s servers and/or any personal and/or financial information stored therein, any interruption or cessation of communication to or from the website, any bugs, viruses, or similar harmful items that may be transmitted to or through the website by any third party, and/or any loss or damage of any kind incurred as a result of using any content posted, transmitted, or otherwise made available via the website. Amazy Design does not endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked services or featured in any banner or other advertising.
Limitations of Liability and Indemnification
Amazy Design, along with its directors, employees, agents, and contractors, shall not be liable to the Client or any third party for any indirect, incidental, special, punitive, or consequential damages, including but not limited to lost profits, lost revenue, lost data, or other damages arising from the Client's use of the Website, even if Amazy Design has been advised of the possibility of such damages. The Client agrees to indemnify and hold harmless Amazy Design and its affiliates, officers, agents, partners, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the Client's use of the Website, breach of this Agreement, or the Client's violation of any law or the rights of a third party. Should Amazy Design choose to do so, it may take over the exclusive defense and control of any matter for which the Client is required to indemnify Amazy Design, and in such case, the Client agrees to cooperate with Amazy Design in asserting any available defenses.
The Client assumes full responsibility for all data that they transmit or that relates to any activity they have undertaken using the Website. Amazy Design is not responsible for any loss or corruption of such data, and by using the Website, the Client waives any right to seek legal remedy against Amazy Design for any alleged loss or corruption of the aforementioned data.
Electronic Communications, Transactions, and Signatures
By using the Website, the Client consents to receive electronic communications from Amazy Design and agrees that all terms and conditions, agreements, notices, disclosures, and other communications that Amazy Design provides electronically, via email or on the Website, satisfy any legal requirement that such communications would satisfy if they were in a hardcopy writing. The Client acknowledges and accepts the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Website. The Client waives any rights they might have to require original signatures, the delivery or retention of non-electronic records, or to payments or the granting credits by other than electronic means, to the extent permitted under applicable law.
Showcasing Design Work
Amazy Design retains the privilege to display design projects through various digital channels, including social media and its website, except when explicitly negated by agreement. The Client has the option to enforce a Non-Disclosure Agreement (NDA) with Amazy Design, which would nullify Amazy Design's entitlement to share or publicize the Client's work.
For inquiries or complaints regarding the Website, the Client can contact Amazy Design at email@example.com.