Last updated: 05/30/2023
THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between CRTVLY, LLC, a limited liability company organized under the laws of the state of North Carolina (“Crtvly”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of Crtvly’s website: https://www.crtvly.io (the “Website”) and any other media form, channel, mobile website, or mobile application related, linked, or otherwise connected thereto. Failure to agree and adhere to all of the terms, conditions, and obligations contained herein results in the express prohibition of the Client’s use of the Website, and the Client is ordered to discontinue use immediately. Thereafter, the relationship between the Client and Crtvly shall cease and be of no further force and effect between the parties, except that any obligation of the Client to pay Crtvly for services rendered shall remain and continue to be an ongoing obligation owed by the Client to Crtvly.
1. Intellectual Property Rights
Unless otherwise indicated, the Website is the property of Crtvly 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 Crtvly 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 provided "As-Is" for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Crtvly's express prior written permission. Crtvly reserves all rights in the Website, Content, and Marks.
2. Ownership of Materials
Notwithstanding Crtvly's ownership of Submissions, as described in Paragraph 4 ("Client Feedback"), all design and original source files created on Client's behalf ("Projects") belong to the Client, and the Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause Crtvly to become the owner of a Project, in whole or in part, rather than the Client, Crtvly irrevocably and perpetually assigns its entire interest in the Project to the Client, without limitation. The Client warrants that any and all materials provided to Crtvly as examples or as material to be incorporated into a project during the design process are owned by the 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. Crtvly always reserves the right to share the Client's design work publicly (social media, website, etc.) unless agreed upon as stated in section 18 of this document.
3. Third-Party Fonts
In the event that any Project incorporates fonts that are not owned by Crtvly and require a commercial license in order for the Client to legally reproduce, distribute, or publicly display the Project ("Third-Party Font(s)"), Crtvly will inform the Client in writing that one or more Third-Party Fonts have been incorporated into the Project and that the 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. Said notice will include information sufficient for the Client to identify which licenses are required and who to contact in order to purchase said licenses. So long as Crtvly has informed the Client of the incorporation of Third-Party Fonts as described above, the Client assumes all responsibility for any consequences as a result of a failure by the Client to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.
4. User Representations
By using the Website, the Client represents and warrants that: the Client has the legal capacity and agrees to comply with these Terms of Use; the Client is not a minor in the jurisdiction of their domicile; the Client will not access the Website through automated or non-human means; the Client will not use the Website for any illegal or unauthorized purpose; the Client's use of the Website will not violate any applicable law or regulation.
5. Prohibited Activities
The Client shall not access or use the Website for any purpose other than that for which the Website is made available to the Client. The Website may not be used in connection with any commercial endeavors except those related to the work performed by Crtvly on behalf of the Client. Furthermore, the Client agrees to refrain from the following: