Last updated: 28 January 2024
This TERMS OF USE AGREEMENT (the “Agreement”) establishes a legally binding agreement between Bold Circle Limited, a limited liability company organized under the laws of the state of United Kingdom (“EverDesign”), and the client, whether personally or on behalf of an entity (“Client”), regarding access and use of EverDesign’s website: https://www.everdesign.co/ (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 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 EverDesign shall cease and be of no further force and effect between the parties, except that any obligation of the Client to pay EverDesign for services rendered shall remain and continue to be an ongoing obligation owed by the Client to EverDesign.
Unless otherwise indicated, the Website is the property of EverDesign, 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 EverDesign and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United Kingdom, 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 EverDesign’s express prior written permission. EverDesign reserves all rights in the Website, Content, and Marks.
Notwithstanding EverDesign’s ownership of Submissions, as described in Paragraph 4 (“Client Feedback”), all design and original source files created on the 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 EverDesign to become the owner of a Project, in whole or in part, rather than the Client, EverDesign 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 EverDesign 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. EverDesign 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.
In the event that any Project incorporates fonts that are not owned by EverDesign and require a commercial license for the Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), EverDesign 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 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 to purchase said licenses. So long as EverDesign 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.
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.
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 EverDesign on behalf of the Client. Further, the Client agrees to refrain from the following: Make any unauthorized use of the Website; Retrieve data or content for the purposes of creating or compiling a database or directory; Circumvent, disable, or otherwise interfere with security-related features on the Website; Engage in unauthorized framing or linking of the Website; Trick, defraud or mislead EverDesign or other users; Interfere with, disrupt or create an undue burden on the Website or EverDesign’s networks or servers; Use the Website in an effort with EverDesign; Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website; Bypass any measures on the Website designed to prevent or restrict access to the Website or any portion thereof; Harass, annoy, intimidate or threaten any of EverDesign’s employees, independent contractors, or agents providing services through the Website; Delete the copyright or other rights notice from any Content; Copy or adapt the Website’s software; Upload or transmit, or attempt to do so, viruses, Trojan horses, or other material including anything that interferes with any party’s use of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations or maintenance of the Website; Upload or transmit, or attempt to do so, any material that acts as a passive or active information collection or transmission mechanism; Disparage, tarnish or otherwise harm EverDesign; Use the Website in a manner inconsistent with any applicable laws, statutes or regulations.
Client acknowledges and agrees that any questions, comments, suggestions or other feedback or submission (each a “Submission”) shall be the sole property of EverDesign, and EverDesign is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. EverDesign 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 Paragraph 2 (“Ownership of Materials”), and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment or compensation to the Client. The Client agrees that it has the right to articulate and put forth the Submission and Client hereby waives all claims and recourse against EverDesign for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.