Terms of Service
THIS TERMS OF USE AGREEMENT (the “Agreement”) establishes a legally binding relationship between SYNC, [Sync by CuxStudio], a [Sync by CuxStudio] organized under the laws of Illinois (“Sync”) and the client, whether an individual or on behalf of an entity (“Client”), regarding access and utilization of Sync’s website: https://www.cuxstudio.com/sync (the “Website”), along with any associated media, channels, mobile websites, or mobile applications (collectively referred to as the “Platform”). Failure to agree and comply with the terms outlined herein will result in the immediate prohibition of the Client’s access to the Platform. Subsequently, the relationship between the Client and Sync shall cease, except for any outstanding obligations owed by the Client to Sync for services rendered.
1. Intellectual Property Rights
Unless explicitly indicated otherwise, the Website and all its components, including but not limited to source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics (collectively referred to as the “Content”), as well as the trademarks, service marks, and logos (the “Marks”), are the exclusive property of Sync. They are protected by copyright, trademark laws, and other applicable intellectual property regulations. The Content and Marks are provided on an “As-Is” basis for informational and personal use only. Without Sync’s express prior written permission, no part of the Website or its Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose.
2. Ownership of Materials
Despite Sync’s ownership of submissions (as described in Paragraph 6 – “Client Feedback”), all design and original source files created on behalf of the Client (“Projects”) belong to the Client. The Client is the sole owner of the copyright for all Projects. If any legal circumstance would make Sync the owner of a Project, in whole or in part, Sync irrevocably and perpetually assigns its entire interest in the Project to the Client. The Client affirms that materials provided to Sync during the design process are owned by the Client and do not infringe on or misappropriate any third party’s rights. Sync reserves the right to showcase the Client’s design work publicly (on social media, the website, etc.) unless otherwise agreed upon, as stated in Section 18 of this document.
3. Third-Party Fonts
In cases where a Project incorporates fonts not owned by Sync and necessitates a commercial license for legal reproduction, distribution, or public display (“Third-Party Font(s)”), Sync will notify the Client in writing. The notice will specify which Third-Party Fonts have been incorporated into the Project, and the Client will be required to purchase licenses from the rights-holder(s) to legally use the Project. If the Client fails to acquire the necessary licenses after notification, the Client assumes responsibility for any consequences arising from the lack of licensing for Third-Party Fonts in the Project.
4. Client Representations
By utilizing the Website, the Client represents and warrants that they:
- Have the legal capacity and agree 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.
- Will not use the Website for any illegal or unauthorized purpose.
- Will not violate any applicable law or regulation through their use of the Website.
5. Prohibited Activities
The Client shall not access or use the Website for any purpose other than that for which it is made available. The Website may not be used for commercial endeavors except those directly related to the services provided by Sync on behalf of the Client. The Client agrees to refrain from unauthorized use of the Website, retrieval of data or content for database creation, circumvention of security features, unauthorized framing or linking, fraudulent activities, interference with the Website’s operations, competing with Sync, and other prohibited activities detailed in this section.
6. Client Feedback
The Client acknowledges and agrees that any questions, comments, suggestions, or other feedback or submission (“Submission”) shall be the sole property of Sync. Sync is not obligated to keep Submissions confidential or take steps to ensure confidentiality. Sync shall be the sole and exclusive owner of all rights related to the Submission, except to the extent that rights are granted to the Client under Section 2 (“Ownership of Materials”). Sync may use and disseminate a Submission for any lawful purpose without permission, acknowledgment, or compensation to the Client. The Client waives all claims and recourse against Sync for its use of the Submission in accordance with the terms herein and at its sole discretion.
7. Oversight and Monitoring
Sync reserves the right to monitor the Website for violations of these Terms of Use and take appropriate legal action in response to any violation. Sync also reserves the right to restrict or deny access to the Website at its sole discretion. All decisions regarding the management of the Website shall be designed to protect Sync’s rights and property.
8. Privacy Policy
By using the Sync subscription service, the Client agrees to be bound by the Privacy Policy, the terms of which are set forth separately and incorporated herein. The Website is hosted in [Your Hosting Location]. Accessing the Website from regions outside [Your Hosting Location] may be subject to different laws, statutes, or regulations governing personal data collection, use, or disclosure. The Client’s continued use of the Website and data transfer to [Your Hosting Location] constitute express consent to the transfer and processing of data in [Your Hosting Location]. Sync does not knowingly accept or solicit information from individuals under the age of 18, and, in compliance with applicable laws, will delete such information upon receipt of actual knowledge.
9. Returns and Refunds
Sync reserves the right to deny refunds at its discretion and without notice or liability to the Client. Refund requests are assessed on a case-by-case basis. If a refund is deemed appropriate, a 25% fee will be assigned to the remaining billable period. Sync reserves the right to take legal action against the Client for a breach of this paragraph.
10. Modification
Sync reserves the right to change, alter, modify, amend, or remove anything on the Website for any reason at its sole discretion. Sync may modify or discontinue all or part of the Website without notice and without liability to the Client.
11. Connection Interruptions
Sync does not guarantee the Website will be available and accessible at all times. Issues beyond Sync’s control, such as hardware or software problems, may cause interruptions, delays, or errors. The Client agrees that Sync shall not be liable for any loss, damage, or inconvenience caused by the Client’s inability to access or use the Website during any interruption.
12. Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of [Your Jurisdiction] without regard to conflict of law principles.
13. Litigation
Any legal action shall be brought in the [Your County] courts of [Your Jurisdiction] or in the United States District Court for the District of [Your Jurisdiction]. The parties consent to personal jurisdiction in said courts, waiving defenses of lack of personal jurisdiction and forum non conveniens. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms of Use.
14. Disclaimer
The Website is provided on an as-is, as-available basis. The Client agrees that its use of the Website and services are at its sole risk. Sync disclaims all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Sync makes no warranties or representations about the accuracy or completeness of the Website, its content, or content on linked websites. Sync assumes no liability for errors, mistakes, or inaccuracies, personal injury, property damage, unauthorized access to or use of Sync’s secure servers, or any bugs, viruses, Trojan horses, or similar issues transmitted by third parties.
15. Limitations of Liability and Indemnification
Sync, its directors, employees, members, independent contractors, or agents shall not be liable to the Client or any third party for any direct, indirect, consequential, incidental, special, or punitive damages. This includes lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures, or other damages arising from the Client’s use of the Website. The Client agrees to defend, indemnify, and hold Sync and its subsidiaries, affiliates, and respective officers, members, agents, partners, employees, and independent contractors harmless from any loss, damage, liability, claim, or demand. This includes reasonable attorneys’ fees and expenses, made by any third party due to or arising out of the Client’s use of the Website.
16. Client Data
The Client is solely responsible for all data transmitted to or related to any activity undertaken using the Website. Sync shall have no liability to the Client for any loss or corruption of such data. The Client waives any right of action against Sync for any such loss or corruption.
17. Electronic Communications, Transactions, and Signatures
The Client consents to receive electronic communications from Sync and agrees that all agreements, notices, disclosures, and other communications sent via email or through the Website satisfy any legal requirement for written communication. The Client agrees to the use of electronic signatures, contracts, orders, and other records. The Client waives any rights or requirements under statutes, regulations, rules, ordinances, or other laws requiring an original signature or non-electronic records.
18. Showcasing Design Work
Sync reserves the right to share design work on digital channels, including social media and the website, unless otherwise agreed upon. The Client may issue an NDA between themselves and Sync, voiding Sync’s right to share or discuss the Client’s work publicly.
19. Miscellaneous
These Terms of Use, along with any policies posted on the Website, constitute the entire agreement between the Client and Sync. The failure of Sync to enforce any right or provision shall not operate as a waiver of such right or provision. If any provision is determined to be unlawful, void, or unenforceable, that provision shall be severed from these Terms of Use without affecting the validity or enforceability of the remaining provisions. Nothing herein constitutes the forming of a joint venture, partnership, employment, or agency relationship between the Client and Sync.
20. Contact Information
For any questions or complaints regarding the Website, please contact Sync at: [email protected].