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Terms and Conditions
Please read these terms and conditions of use (“Terms”) carefully before using DesignPlusMotion. By accessing, browsing and/or using this Service, you (the end user of the Service referred to herein below as “User” or “you”) acknowledge that you have read, understood, and agree to be bound by all the terms, conditions, consents and disclosures set forth in these Terms and the applicable guidelines set forth on the websites, services or designs you download. If you do not agree to the Terms and the applicable guidelines, then you are obliged to cease using the Service immediately. If you are entering into these Terms on behalf of a legal entity, you acknowledge and declare that you have the legal authority to bind that legal entity.
These Terms contained herein on this webpage, shall govern your use of DesignPlusMotion, including all pages within this website and the DesignPlusMotion Motion and Design Services (collectively referred to herein below as the “Service” or “DesignPlusMotion Service”). These Terms apply in full force and effect to your use of DesignPlusMotion Service and by using the Service, you expressly fully accept all the Terms contained herein in full. You must not use the DesignPlusMotion Website, DesignPlusMotion Service or any of the Service, if you have any objection to any of these Terms. By using this Service, you agree that you are of at least 18 years of age, or using this Service under a parent or guardian’s supervision, and are legally capable of entering into a contract.
Stephan Zammit, with an official address of Il-Gardina, Trejqet in-Nigret, Zurrieq (hereinafter referred to as “DesignPlusMotion”) operates a website currently available on the web, which offers graphic design and motion design services and content. We currently operate from Il-Gardina, Trejqet in-Nigret, Zurrieq, Malta, Europe.
2. Proprietary Rights
Unless otherwise indicated, all Intellectual Property Rights related to the DesignPlusMotion Website (including any documentation and all parts and copies thereof) including but not limited to hardware, equipment, logo, software, copyrights and related rights (including database and catalogue rights and photography rights), design, trademarks, patents, models, text, software, technical drawings, configurations, graphics, templates, design elements, animations, trade secrets and know-how, other files, and their selection and arrangements (whether registered or unregistered) (the “Intellectual Property Rights”) belong to DesignPlusMotion, and/or its suppliers, affiliates, or licensors. DesignPlusMotion or its licensors own and reserve all right, title and interest in and to the Service and all Intellectual Property Rights, other than the rights DesignPlusMotion expressly grant to you by way of a limited non-transferable and non-sublicensable right, to use the Service.
No title to or ownership of any Intellectual Property Rights related to the Service is transferred to you pursuant to these Terms. If you provide comments, suggestions and recommendations to DesignPlusMotion about a Service (e.g., modifications, enhancements, improvements) (collectively, "Feedback"), you are automatically assigning this Feedback to DesignPlusMotion, except as otherwise expressly granted to the Client under Paragraph 3 (“Ownership of Designs and Materials”).
3. Ownership of Designs and Materials
3.1 Client Ownership: DesignPlusMotion acknowledges and agrees that all design projects and original source files created on behalf of the Client ("Projects") shall belong to the Client, and the Client shall be the exclusive owner of the copyright and all intellectual property rights associated with these Projects. This ownership includes, but is not limited to, all design elements, graphics, animations, and related materials developed on behalf of the client during the course of our services.
3.2 Assignment of Rights: In the unlikely event that any legal circumstance would transfer ownership of a Project, either in whole or in part, to DesignPlusMotion rather than the Client, DesignPlusMotion unequivocally and perpetually assigns its entire interest in the Project to the Client, without any encumbrances or limitations.
3.3 Client's Materials: The Client affirms that any materials provided to DesignPlusMotion during the design process, including but not limited to references, examples, or source materials, are owned by the Client and do not infringe upon or misappropriate the rights of any third parties, including intellectual property rights and rights of publicity.
3.4 Public Display: DesignPlusMotion may, at its discretion, exhibit the Client's design work publicly. This may encompass showcasing the work on our website, social media platforms, or in promotional materials. However, any such public display will be conducted in accordance with the Client's prior agreement, as delineated in Section 14 of this document.
4. Use of Third-Party Materials
4.1 Incorporation of Third-Party Assets:
a. Should any project developed by DesignPlusMotion include fonts, graphics, music, videos, photos, stock designs, or other assets ("Third-Party Assets") that are not owned by DesignPlusMotion and necessitate a commercial license for the Client to legally reproduce, distribute, or publicly display the project, DesignPlusMotion shall communicate this in writing to the Client. This notice will specify the requirement for the Client to procure or purchase the necessary licenses for these Third-Party Assets directly from the respective rights-holders to ensure compliance with legal usage.
b. The written notice will comprehensively detail which licenses are essential and provide information enabling the Client to identify the required licenses and establish contact with the rights-holders for license acquisition.
4.2 Client's Responsibility:
a. In cases where DesignPlusMotion has duly apprised the Client of the inclusion of Third-Party Assets in accordance with section 4.1, the Client is solely responsible for any consequences arising from a failure to secure the mandated licenses for Third-Party Assets integrated into a project.
4.3 Third-Party Licensing:
a. Some designs may incorporate components sourced from third parties, including but not limited to stock image providers, music libraries, and graphic asset platforms. Unique licensing terms may be applicable to these components, including those set forth by the respective third-party suppliers or licensors.
b. In instances where third-party licenses are relevant, the terms and conditions of the applicable third-party licenses shall govern the utilization of these specific components. By engaging with DesignPlusMotion's services and utilizing any designs or materials, whether known to be from third parties or not, the Client explicitly agrees to abide by third-party terms and licenses when they are applicable. DesignPlusMotion bears no responsibility for the Client's utilization of third-party designs, music, images, or any other materials.
You are expressly and emphatically forbidden from all of the following:
- using DesignPlusMotion Website or DesignPlusMotion Service in any way that is, or may be, damaging to DesignPlusMotion;
- using DesignPlusMotion Service in any way that impacts user access to DesignPlusMotion Service;
- using DesignPlusMotion Service contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to DesignPlusMotion, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to DesignPlusMotion Service, or while using DesignPlusMotion Service;
- reverse engineer, decompile, decipher, translate, disassemble, or otherwise attempt to access source code of any [Website, server, databases, infrastructure belonging to DesignPlusMotion ] (“DesignPlusMotion Technology”);
- provide use of the DesignPlusMotion Technology on a service bureau, rental or managed services basis or permit other individuals or entities to create Internet "links" to the DesignPlusMotion Technology or "frame" or "mirror" the DesignPlusMotion Technology on any other server, or wireless or Internet-based device;
- use any DesignPlusMotion Technology (including to create any application) in any way that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of DesignPlusMotion or any third party;
- Avoiding payment of charges or fees payable by you with respect to the Service;
- use DesignPlusMotion Service for unlawful purposes or in connection with material which is offensive, obscene, pornographic, defamatory, demeaning or discriminatory;
- Committing any act that may be harmful to minors;
- Violating any applicable law or regulation; and
- Collecting or storing any personal identifiable information from the Service of other users of the Service without their express prior consent.
6. Third Party Beneficiaries
These Terms are concluded between DesignPlusMotion and the User. Nonetheless, any third party entities with which DesignPlusMotion has a contractual relationship in furtherance to the provision of the Service are deemed as third party beneficiaries of these Terms in the sense that they will have the right to enforce their own terms of service, where applicable, against the User as the end user of the Service.The User must agree and abide by all applicable third party terms of service and terms and conditions when using the Service.
7. Third Party Sites, Links and Ads
The Service may present advertisements for or links to third party websites, products, and/or services, or, in general, content or information that might be inaccurate, incomplete, misleading, illegal, immoral or otherwise harmful ("Third Party Ads"). DesignPlusMotion is not responsible for the availability of these Third Party Ads, or the images, messages, or other materials contained therein. Neither DesignPlusMotion, nor any of its officers, directors, developers, consultants, employees and affiliates will be liable for any errors in content or omissions, or any such content, in general, in any Third Party Ads, nor responsible for any losses or damages of any sort incurred as a result of your participation with, use of, or reliance on the Third Party Ads, including any goods, products, or services offered by such Third Party Ads.
8. Terms and Conditions for Subscribers
Certain DesignPlusMotion Service features require you to have a specific Subscription.
8.1 Subscription Requirement
In order to access certain functionalities of the Service, you may be required to pay membership fees which will grant you a subscription to the Service (the “Subscription”). DesignPlusMotion reserves the right to unilaterally increase membership and subscription fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.
Payment obligations are non-cancellable and fees paid are non-refundable. DesignPlusMotion reserves the right to suspend our Service to you until and amounts due are paid in full.
8.3 Automatic Renewal
When your Subscription period or your trial expires, your credit card will be charged automatically with the standard Subscription membership fees which were valid at the time of Subscription, i.e., special offer prices do not apply in this case, and your Subscription will be renewed for the same period of time as originally subscribed for, unless you cancel your Subscription at least 24 hours prior to the expiration of your current Subscription. The standard Subscription fees can be viewed on the DesignPlusMotion Website. Subscribing to DesignPlusMotion Service shall automatically mean that you agree to the Subscription fees therein.
8.4 One Time Payment, Pay per Design or Add-Ons
If you purchased a one-time feature, design or add-on, you will be granted a single design, with no additional subscription features or services. To get access to other DesignPlusMotion Service you need to purchase the specific Subscription for those features.
9. Refund Policy
9.1 Refund Discretion:
a. DesignPlusMotion retains the discretion to deny refund requests without prior notice or liability to the Client. Requests for refunds are assessed on an individual, case-by-case basis.
b. Should the Client request a refund during the initial month of service, all materials created by DesignPlusMotion remain the exclusive property of DesignPlusMotion, and the Client is strictly prohibited from using these materials in any manner.
9.2 Refund Assessment:
a. If a refund is determined to be appropriate based on the evaluation of the specific circumstances, a 20% fee will be applied to the remaining billable period.
9.3 Legal Action for Breach:
a. DesignPlusMotion reserves the right to pursue appropriate legal actions against the Client in the event of a breach of this refund policy.
10. Your Account
In order to use certain features of the Service, you may have to subscribe and/ or register and create an account with DesignPlusMotion. By subscribing, creating an account, and making use of the DesignPlusMotion Service, you claim and confirm that you are of legal age in accordance to applicable law, that you are legally authorised to enter into agreements according to applicable law, and that you are permitted by applicable law to create an account and make use of the DesignPlusMotion Service.
You acknowledge and agree that you are responsible for maintaining the confidentiality of any account information and credentials including passwords associated with any account you use to access or use the Service, and that you will be solely responsible for all activities that occur under your account. In the event you become aware of any unauthorized use of your password or your account, you shall notify DesignPlusMotion immediately.
DesignPlusMotion reserves the right to suspend or terminate your account at any time and for any reason and shall incur no liability whatsoever for such suspension or termination.
11. Data Responsibility
11.1 Client's Data Responsibility:
a. The Client is entirely responsible for all data transmitted to or associated with any activity the Client engages in while using the Website provided by DesignPlusMotion.
b. DesignPlusMotion assumes no liability for any loss or corruption of such data. The Client acknowledges and agrees that they waive any right to take legal action against DesignPlusMotion in the event of data loss or corruption.
12. Electronic Communications and Transactions
12.1 Consent to Electronic Communications:
a. The Client hereby provides consent to receive electronic communications from DesignPlusMotion. The Client acknowledges that all agreements, notices, disclosures, and other communications sent via email or through the Website meet any legal requirement for written communication.
12.2 Use of Electronic Signatures and Records:
a. The Client agrees to the use of electronic signatures, contracts, orders, and other records, as well as electronic delivery of notices, policies, and records of transactions initiated or completed by DesignPlusMotion or through the Website.
12.3 Waiver of Non-Electronic Requirements:
a. The Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that mandate an original signature or the delivery or retention of non-electronic records. Additionally, the Client waives any requirements related to payments or the granting of credits by means other than electronic.
13. No Warranties
The Service is provided “as is,” and “tale quale” with all qualities as shown and any faults or bugs which may, from time to time, arise and DesignPlusMotion makes no express or implied representations or warranties, of any kind related to DesignPlusMotion Service or the data and materials contained on DesignPlusMotion Service. Additionally, nothing contained on DesignPlusMotion Service shall be construed as providing consult or advice to you.
14. Display of Design Work
14.1 Right to Showcase Work:
a. DesignPlusMotion retains the right to showcase its design work on digital platforms, including but not limited to social media and the company website, unless otherwise mutually agreed upon with the Client.
14.2 Client's Right to Confidentiality:
a. The Client reserves the right to request a Non-Disclosure Agreement (NDA) to be established between themselves and DesignPlusMotion. In such cases, the execution of the NDA supersedes DesignPlusMotion's right to publicly share or discuss the Client's work.
15. Limitation of Liability
In no event shall DesignPlusMotion, nor any of its officers, directors, developers and employees, be liable to you for anything arising out of or in any way connected with your use of DesignPlusMotion Service, whether such liability is under contract, tort, delict, or otherwise, and DesignPlusMotion, including its officers, directors, developers, consultants and employees shall not be liable for any liability whatsoever, whether direct, indirect, consequential or special, including loss of income, moral or otherwise, arising out of or in any way related to your use of DesignPlusMotion Service. Should any mishap or damage occur to you during your use of the Service provided, you are hereby waiving all your legal rights and remedies that may be used against DesignPlusMotion, or any of its officers, directors, developers and employees, and you hereby declare that you are solely responsible, and hold DesignPlusMotion harmless and indemnified, for any mishap, damage or loss which occurred or might have occurred to you during your use of DesignPlusMotion Service.
You agree to indemnify, defend, and hold harmless DesignPlusMotion, its affiliates, officers, directors, employees, developers, agents, licensors and suppliers (the “DesignPlusMotion Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your user content, your use of content, your use of the Service, your conduct in connection with the Service or with other Service users, or any violation of these Terms, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the DesignPlusMotion Parties from any and all claims or causes of action you may have for damages or losses relating in any way to your use of the Service.
17. Modification and Termination
Modification of Services
DesignPlusMotion reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof), with or without notice. You agree that DesignPlusMotion shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service. You are responsible for obtaining and maintaining any devices required or connections needed for the Service to be availed of and maintained.
In case You require any support or assistance, You may lodge a complaint with us on email@example.com and we will do our best to assist You.
You agree that DesignPlusMotion may, in its sole discretion, and for any reason, and without prior notice, immediately terminate your account and/or access to the Service. Reason for such termination may include (a) breaches or violations of the Terms or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Service, (h) if we learn that the user is under legal age Termination of your account may include (a) removal of access to all offerings within the Service, (b) deletion of your information, files and content associated with your account, and (c) barring of further use of the Service. You agree that all causes for termination shall be made in DesignPlusMotion's sole discretion and that DesignPlusMotion shall not be liable to you or any third party for any termination of your account or access to the Service. The relevant post-termination provisions of the Terms shall still be binding upon you following the termination of your account.You may opt to unsubscribe from your account with DesignPlusMotion and stop making use of DesignPlusMotion Service should you wish to terminate the Service. The relevant post-termination provisions of the Terms shall still be binding upon you following the termination of your account.
18. Variation of Terms
DesignPlusMotion is permitted to revise these Terms at any time as it sees fit, without notice to you, and by using the Service you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of DesignPlusMotion Service. Should you for any reason whatsoever fail to agree with any of the revised Terms, you may opt to unsubscribe from your account with DesignPlusMotion and stop making use of DesignPlusMotion Service. However, your continued account, or Subscription, and your use of the Service shall be construed as an express, clear and unequivocal acceptance of such revised Terms.
The failure of DesignPlusMotion to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
DesignPlusMotion shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms to any other party.
22. Governing Law & Jurisdiction
These Terms are governed by, and construed in accordance with the laws of Malta and therefore, the applicable law for any dispute arising out of or relative to these Terms shall be that of the Republic of Malta. DesignPlusMotion and you agree that any dispute or claim arising out of or in connection with these Terms or its subject-matter, shall be subject to the exclusive jurisdiction of the Malta Arbitration Centre in accordance with the Arbitration Act (Cap. 387 of the Laws of Malta) and the arbitration rules of the Malta Arbitration Centre in force at the time of the dispute. Residual jurisdiction shall be that of the Courts of Malta. DesignPlusMotion shall retain the right, at its option and for its exclusive benefit, to institute proceedings regarding or relating to your use of the Service in the Courts of law of the country in which you reside.