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Fenik Terms of Use​

Terms of Use Agreement

 

THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between FENIK STUDIO LLC, a limited liability company organized under the laws of the state of California (“Fenik Studio”) and the client, whether personally or on behalf of an entity (“Client”). This Agreement pertains to your access and use of Fenik Studio's website: [https://www.fenik.studio/] (the "Website"), as well as any other media form, channel, mobile website, or mobile application associated, linked, or connected to it.

Acceptance of Terms

By accessing or using the Website, you agree to be bound by all the terms, conditions, and obligations outlined in this Agreement. If you do not agree to these terms, you must discontinue your use of the Website immediately. In such a case, the relationship between you and Fenik Studio will terminate, except for any outstanding payment obligations you may have to Fenik Studio for services rendered, which will remain in effect.

 

This Agreement outlines the terms and conditions that govern your use of the Website and related services provided by Fenik Studio. Please read it carefully.

1. Intellectual Property Rights

Unless otherwise specified, all artwork and website content are the exclusive property of Fenik Studio, including databases, functionality, software, website designs, audio, video, text, photographs, and graphics in any format (hereinafter referred to collectively or individually as the "Content"). The trademarks, service marks, and logos found within (the "Marks") are the sole property of Fenik Studio, and they are safeguarded by copyright and trademark laws, as well as any other applicable intellectual property legislation or regulations in the United States, foreign jurisdictions, and international conventions.

 

The Content and Marks are made available "As-Is" for your informational and personal use exclusively. With the exception of the rights expressly granted herein, no aspect of the design, website, or Content may be duplicated, reproduced, compiled, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or in any other manner exploited for any commercial purpose without the express prior written authorization of Fenik Studio.

 

Fenik Studio retains all rights related to Graphic Design, Brand Identity, Motion Graphics, Illustrations, Presentations, Email Assets, and the Website, along with the Content and Marks.

2. Ownership of Projects/Materials and Client Feedback

Projects and Copyright Ownership: Fenik Studio recognizes that all design and original source files created on behalf of the Client ("Projects") shall be the exclusive property of the Client. The Client shall retain sole ownership of the copyright for all Projects.

  • Assignment of Ownership: In the unlikely event that any legal operation would transfer ownership of a Project, either in whole or in part, to Fenik Studio rather than the Client, Fenik Studio hereby irrevocably and perpetually assigns its entire interest in the Project to the Client without limitation.

  • Client's Warranty: The Client warrants that any materials provided to Fenik Studio, whether as examples or to be incorporated into a project during the design process, are owned by the Client and do not infringe upon or misappropriate any third party's rights, including, but not limited to, all intellectual property rights and any right of publicity.

  • Public Sharing: Fenik Studio reserves the right to share the Client's design work publicly, including on social media and the website, unless otherwise agreed upon.

3. Third-Party Fonts and Licensing Responsibility

Incorporation of Third-Party Fonts: In cases where a Project includes fonts that are not owned by Fenik Studio and necessitate a commercial license for the Client to legally reproduce, distribute, or publicly display the Project (referred to as "Third-Party Font(s)"), Fenik Studio will provide written notification to the Client. This notification will specify the inclusion of one or more Third-Party Fonts in the Project and advise the Client to obtain the necessary license(s) directly from the respective rights-holder(s) of the Third-Party Fonts to ensure legal usage. This notice will also include sufficient information for the Client to identify the required licenses and the appropriate contact details for license acquisition.

Client's Responsibility: Once Fenik Studio has duly informed the Client about the incorporation of Third-Party Fonts as described above, it is the sole responsibility of the Client to procure the requisite licenses for any Third-Party Fonts integrated into the Project. Fenik Studio shall bear no liability for any consequences arising from the Client's failure to obtain the necessary licenses for Third-Party Fonts used in the Project.

4. Client Representation and Warranty

By utilizing the Website, you, the Client, hereby represent and warrant that:

 

  • Legal Capacity and Compliance: You possess the legal capacity to use the Website and agree to abide by these Terms of Use.

  • Minor Status: You are not considered a minor in your domicile's jurisdiction.

  • Non-Automated Access: You will not access the Website using automated or non-human methods.

  • Legal and Authorized Use: You will refrain from using the Website for any unlawful or unauthorized purposes.

  • Compliance with Laws: Your utilization of the Website will not contravene any applicable laws or regulations.

5. Acceptable Use Policy

When using the Website, the Client agrees to:

 

  • Purpose Limitation: Use the Website only for its intended purposes as made available by Fenik Studio.

  • Non-Commercial Use: Restrict commercial activities on the Website to those directly related to work performed by Fenik Studio for the Client.

  • Prohibited Actions: Refrain from engaging in the following actions:

  • Unauthorized use of the Website.

  • Unauthorized data retrieval for database creation.

  • Disabling or circumventing security features.

  • Unauthorized framing or linking.

  • Deceptive or fraudulent conduct.

  • Disrupting the Website or its infrastructure.

  • Competitive use against Fenik Studio.

  • Reverse engineering or software manipulation.

  • Bypassing access restrictions.

  • Harassment of Fenik Studio personnel.

  • Altering or removing copyright notices.

  • Copying or adapting the Website's software.

  • Transmitting malicious content.

  • Employing mechanisms for information collection.

  • Harming Fenik Studio's reputation.

  • Violating applicable laws, statutes, or regulations.

6. Ownership and Use of Client Submissions

By providing any questions, comments, suggestions, or other feedback or submissions (each a "Submission"), the Client acknowledges and agrees to the following:

 

  • Ownership: Fenik Studio shall be the exclusive owner of all rights related to the Submission, except to the extent that rights are expressly granted to the Client.

  • Confidentiality: Fenik Studio is not obligated to maintain the confidentiality of any Submission and is under no obligation to take steps to ensure its confidentiality.

  • Use and Dissemination: Fenik Studio, at its sole and unrestricted discretion, reserves the right to use and disseminate the Submission for any lawful purpose without requiring permission, acknowledgment, or compensation to the Client.

  • Client Representation: The Client represents that they have the right to provide the Submission and hereby waives all claims and recourse against Fenik Studio for its use of the Submission, in accordance with these terms and at Fenik Studio's sole discretion.

7. Service Management and Violation of Terms

All Services:

Fenik Studio retains the right to discontinue the provision of any service, including consulting, in the event of a violation of our terms and conditions. Should the client fail to adhere to the terms, Fenik Studio reserves the right to halt any ongoing artwork projects.

 

Website Design and Management:

Fenik Studio maintains the right to monitor the Website for any violations of these Terms of Use. In response to violations of these Terms or any applicable laws, statutes, or regulations, Fenik Studio may take appropriate legal action. Fenik Studio also reserves the authority to limit or deny access to the Website or to disable the Client's usage of the Website. Such decisions will be made solely at the discretion of Fenik Studio, without prior notice or liability to the Client. All determinations related to Website management are within the exclusive discretion of Fenik Studio, intended to safeguard Fenik Studio's rights and property.

8. Refund Policy and Legal Actions

Refund Discretion:

Fenik Studio retains the discretion to deny refunds without prior notice or liability to the Client. All refund requests are evaluated on a case-by-case basis.

 

First Month Refund:

In the event that a Client requests a refund during the first month of use, all materials produced by Fenik Studio remain the exclusive property of the company and may not be used by the Client in any manner.

 

Refund Fee:

If a refund is determined to be appropriate, a 25% fee will be applied to the remaining billable period.

 

Legal Actions:

Fenik Studio reserves the right to pursue appropriate legal actions against the Client in cases of a breach of this paragraph.

9. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles.

10. Jurisdiction and Venue for Legal Actions

Any legal action, regardless of its nature, shall be filed in either the state courts of San Bernardino County, California, or in the United States District Court for the District of California. By agreeing to these terms, all parties involved consent to the personal jurisdiction of these courts and waive any defenses related to a lack of personal jurisdiction and forum non conveniens concerning venue and jurisdiction.

 

Please note that the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act do not apply and are expressly excluded from these Terms of Use.

11. Electronic Communications and Agreements

By using our services, the Client consents to receive electronic communications from Fenik Studio. The Client acknowledges and agrees that all agreements, notices, disclosures, and other communications sent via email or through our Website fully satisfy any legal requirement that such communication be in writing.

 

The Client also agrees to the use of electronic signatures, contracts, orders, and other records, as well as electronic delivery of notices, policies, and transaction records initiated or completed by Fenik Studio or through our Website. The Client voluntarily waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that necessitate an original signature, non-electronic records, or alternative payment and credit methods.

12. Public Sharing and Non-Disclosure Agreement (NDA)

Public Sharing:

Fenik Studio retains the right to showcase design work on digital platforms, including but not limited to social media and our website, unless otherwise specified and agreed upon with the Client.

 

Non-Disclosure Agreement (NDA):

The Client reserves the option to establish a Non-Disclosure Agreement (NDA) with Fenik Studio. In the event an NDA is enacted, it will supersede Fenik Studio's right to share or discuss the Client's work publicly.

13. Terms for Service Transactions"

Billing and Fees:

A monthly fee is applicable for accessing our Services, and additional charges may be incurred. All transactions for Services are subject to relevant sales tax and VAT in compliance with the laws of jurisdictions where we are required to collect such taxes.

 

User Account Security:

You are solely responsible for safeguarding the confidentiality of your User Account login information. Fenik Studio disclaims any liability for misuse of your User Account or erroneous payments resulting from illegal or unauthorized access by third parties. Fenik Studio reserves the right to freeze or withhold payments on funds owed to your Fenik Studio Account in cases of suspicious activity.

 

Price Adjustments:

Fenik Studio periodically adjusts Service prices based on various factors. You will receive an email notification from Fenik Studio 14 days prior to any price increases, along with the option to cancel your User Account to avoid such increases.

 

Data Backup Responsibility:

Fenik Studio does not create or maintain backups of your or your client's files, data, copy, photography, or any other assets. It is your responsibility to ensure adequate backup measures.

 

Intellectual Property:

You acknowledge that Fenik Studio acts as an intermediary between you and Contractors and is not responsible for validating the legality or propriety of any delivered work. You are encouraged to conduct your own searches and inquiries regarding intellectual property. Fenik Studio disclaims any responsibility for seeking state or federal intellectual property protection for any work. You are responsible for ensuring the originality and legality of creative work received through our services.

 

Errors and Misprints:

Fenik Studio strives to provide accurate information; however, errors may occur. We reserve the right to correct, cancel, or terminate any transaction with incorrect price or offer details, even after confirmation.

 

Legal Title and Work Product:

Legal title to work products transfers from Fenik Studio and Contractors to you upon fulfillment of all payment and performance obligations. In the event of a refund, legal title returns to Fenik Studio. Transfers are subject to limitations and terms specified in these Terms and other agreements between Fenik Studio, Customers, and Contractors.

14. Transfer of Rights and Missed Deadlines

Work for Hire:

You agree and acknowledge that any work done for hire, including the purchase of premade designs, scripts, or files, results in the transfer of a royalty-free, irrevocable, worldwide right to use "completed creative material" in any manner. This transfer of rights occurs upon full payment to Fenik Studio or directly to the Contractor, even if the work is incomplete. Contractors retain the right to showcase their work in portfolios and advertising as examples of their services. Additionally, you grant Fenik Studio and the Contractor a perpetual, royalty-free, irrevocable right to use "completed creative material" to promote their businesses and services.

 

Missed Deadlines:

If a project's deadline is not met, you have the option to extend your next billing date by the missed time or allow Fenik Studio to start working on an additional project in your queue to compensate for the delay. Please note that missed deadlines do not qualify for refunds. Turnaround times are applicable on weekdays only, in Pacific Standard Time (PST), and do not include weekends or U.S. holidays.

15. Entire Agreement and Understanding

These Terms of Use, along with any policies posted on the Website or pertaining to the Website, collectively constitute the complete agreement and understanding between the Client and Fenik Studio. The failure of Fenik Studio to enforce any right or provision of these Terms of Use shall not be construed as a waiver of such right or provision.

 

Severability Clause:

If any provision or part of these Terms of Use is determined to be unlawful, void, or unenforceable, that specific provision shall be severed from these Terms of Use, but it shall not affect the validity or enforceability of the remaining provisions herein.

 

No Joint Venture or Employment Relationship:

Nothing in these Terms of Use, the Privacy Policy, or on the Website shall be interpreted as the establishment of a joint venture, partnership, employment, or agency relationship between the Client and Fenik Studio.

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