This document is a legally binding agreement between Delight Media, LLC (referred to as "Delight Media") and the client (referred to as "Client") regarding the use of Delight Media's website (https://www.delightmedia.me/) and any related media forms or applications. By accessing and using the website, the Client agrees to be bound by the terms and conditions outlined in this agreement. Failure to comply with these terms will result in the Client being prohibited from using the website.
Intellectual Property Rights: The content of the website, including source code, databases, software, designs, audio, video, text, photographs, and graphics (referred to as "Content"), as well as the trademarks, service marks, and logos (referred to as "Marks"), are owned and controlled by Delight Media. They are protected by copyright, trademark, and other intellectual property laws. The Client is granted access to the Content and Marks for personal use only. Any commercial use or exploitation of the Content and Marks requires prior written permission from Delight Media.
Ownership of Materials: While Delight Media owns the submissions provided by the Client (as described in Paragraph 4), all design and original source files created for the Client ("Projects") belong to the Client, and the Client becomes the sole owner of the copyright for those Projects. If any legal circumstance would result in Delight Media becoming the owner of a Project, Delight Media assigns its entire interest in the Project to the Client. The Client must ensure that any materials provided to Delight Media during the design process are owned by the Client and do not infringe on any third-party rights. Delight Media reserves the right to share the Client's design work publicly unless otherwise agreed upon.
3. Third-Party Fonts: If a project includes fonts that are not owned by Delight Media and require a commercial license for legal use, Delight Media will notify the Client in writing. The Client will need to purchase the necessary licenses for these fonts from the rights-holder in order to legally reproduce, distribute, or display the project. The notification will provide information on which licenses are required and how to obtain them. If Delight Media informs the Client about the use of third-party fonts, it is the Client's responsibility to purchase the licenses, and any consequences arising from the failure to do so will be borne by the Client.
Client Feedback: Any feedback, comments, suggestions, or other submissions made by the Client to Delight Media will become the sole property of Delight Media. Delight Media is not obligated to keep the submissions confidential and may use them for any lawful purpose without seeking permission or providing compensation to the Client. The Client acknowledges that they have the right to provide the feedback and waives any claims against Delight Media for its use of the feedback.
Prohibited Activities: The Client agrees to use the website only for its intended purpose and not for any other unauthorized purposes. Commercial activities related to the work performed by Delight Media on behalf of the Client are allowed. The Client must refrain from engaging in unauthorized activities such as unauthorized use of the website, data retrieval for database creation, interference with security features, unauthorized framing or linking, deceptive actions, disruption of the website or Delight Media's networks, competition with Delight Media, reverse engineering of the software, bypassing access measures, harassment of Delight Media's employees or agents, removal of copyright notices, copying or adapting the website's software, uploading or transmitting viruses or disruptive material, disparaging Delight Media, or using the website in violation of applicable laws, statutes, or regulations
Returns and Refunds: Delight Media has the discretion to deny refunds without notice or liability to the Client. Refund requests are evaluated on a case-by-case basis. If a refund is granted within the first month of use, all materials created by Delight Media remain the company's property and cannot be used by the Client. A 25% fee may be applied to the remaining billable period if a refund is issued. Delight Media reserves the right to take legal action against the Client for breaching this refund policy.
Modification: Delight Media has the right to make changes, alterations, or remove anything on the website as it sees fit. This can include modifying or discontinuing parts of the website without prior notice or liability to the client.
Connection Interruptions: Delight Media does not guarantee uninterrupted availability of the website. Technical issues beyond their control may cause interruptions, delays, or errors. Delight Media is not responsible for any loss, damage, or inconvenience suffered by the client due to the inability to access or use the website during connection issues.
Litigation: Any legal action arising from these terms shall be brought in the state courts of Washington County, Maryland, or the United States District Court for the District of Maryland. The parties agree to the jurisdiction of these courts and waive defenses related to jurisdiction and convenience. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act do not apply to these terms.
Disclaimer: The website is provided "as-is" and "as-available." Delight Media does not make any warranties, whether express or implied, regarding the website or the client's use of it. This includes warranties of merchantability, fitness for a particular purpose, and non-infringement. Delight Media is not responsible for the accuracy or completeness of the website's content or linked websites. They are not liable for errors, viruses, unauthorized access, interruptions, or any loss or damage resulting from the use of the website. Delight Media does not endorse or guarantee any products or services advertised by third parties through the website.
Limitations of Liability and Indemnification: Delight Media and its employees are not liable for any damages or losses that the client or any third party may incur due to the client's use of the website. This includes direct, indirect, consequential, incidental, special, or punitive damages. The client agrees to defend, indemnify, and hold harmless Delight Media from any claims or demands made by third parties arising from the client's use of the website, breach of these terms, or violation of third-party rights. Delight Media has the right to assume control of the defense in such cases, and the client agrees to cooperate.
User Data: The client is responsible for all data transmitted or related to their activities on the website. Delight Media is not liable for any loss or corruption of such data, and the client waives any right to take action against Delight Media for such loss or corruption.
Electronic communications, transactions, and signatures: The client consents to receive electronic communications from Delight Media, and agrees that electronic communications satisfy any legal requirement for written communication. 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. The client waives any requirements for non-electronic signatures, delivery, or retention of records.
Showcasing Design Work: Delight Media may share the client's design work on digital channels, unless otherwise agreed. The client can request a non-disclosure agreement (NDA) to prevent public sharing of their work.
Referrals: Referrals are handled through a third-party partner, Rewardful.com, for tracking and payouts.