Terms of use
THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between Dagos Studio, LLC, a limited liability company organized under the laws of the state of New Mexico (“Dagos Studio”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of Dagos Studio’s website: https://www.dagos-studio.com (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 Client and Dagos Studio shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Dagos Studio for services rendered shall remain and continue to be an ongoing obligation owed by Client to Dagos Studio.
Intellectual Property Rights
Website and all its contents, such as source code, software, designs, text, images, and trademarks are owned by Dagos Studio and are protected by copyright and trademark laws. The Content and Marks are provided for personal use only, and no part of it may be used for commercial purposes without Dagos Studio’s express prior written permission. Dagos Studio reserves all rights in the Website, Content, and Marks.
Ownership of Materials
All design and original source files created on Client’s behalf (“Projects”) belong to Client, and Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause Dagos Studio to become the owner of a Project, in whole or in part, rather than Client, Dagos Studio irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation.Client warrants that any and all materials provided to Dagos Studio as examples or as material to be incorporated into a project during the design process are owned by 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. Dagos Studio always reserves the right to share the Client's design work publicly (social media, website, etc.) unless agreed upon as stated in section 10 of this terms and conditions.
Third-Party Fonts
In the event that any Project incorporates fonts that are not owned by Dagos Studio and require a commercial license in order for Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), Dagos Studio will inform Client in writing that one or more Third-Party Fonts have been incorporated into the Project and that 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 Client to identify which licenses are required and who to contact in order to purchase said licenses. So long as Dagos Studio has informed Client of the incorporation of Third-Party Fonts as described above, Client assumes all responsibility for any consequences as a result of a failure by Client to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.
User Representations
By using the Website, Client represents and warrants that:Client has the legal capacity and agrees to comply with these Terms of Use;Client is not a minor in the jurisdiction of their domicile;Client will not access the Website through automated or non-human means;Client will not use the Website for any illegal or unauthorized purpose;Client’s use of the Website will not violate any applicable law or regulation.
Prohibited Activities
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 Dagos Studio on behalf of the Client. Further, 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 Dagos Studio or other users;Interfere with, disrupt or create an undue burden on the Website or Dagos Studio’s networks or servers;Use the Website in an effort to compete with Dagos Studio;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 Dagos Studio’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 softwareUpload 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 Dagos Studio;Use the Website in a manner inconsistent with any applicable laws, statutes or regulations.
Management and Oversite
Dagos Studio has the right to monitor the Website to ensure compliance with these Terms of Use and applicable laws, and may take legal action if there is a violation. Dagos Studio can also limit or prevent the client's access to the Website, at their sole discretion and without notice or liability to the client. All decisions related to managing the Website are made solely by Dagos Studio to protect their rights and property.
Returns and Refunds
Dagos Studio reserves the right to deny refunds based on its own self discretion and without liability to Client. Refund requests are assessed on a case by case basis. If a refund is deemed to be appropriate, all materials produced by Dagos Studio are ownership of the company and are prohibited from being used by the Client in any way.
User Data
Client is solely responsible for all data transmitted to or that relates to any activity Client has undertaken using the Website. Dagos Studio shall have no liability to Client for any loss or corruption of any such data and Client hereby waives any right of action against Dagos Studio from any such loss or corruption.
Electronic communications, transactions and signatures
Client hereby consents to receive all communications from Dagos Studio electronically, including agreements, notices, and disclosures. Client also agrees to the use of electronic signatures, contracts, orders, and other records. By doing so, the client waives any rights that require non-electronic records or payment methods.
Showcasing Design Work
Dagos Studio reserves to right to share design work on digital channels including social media, portfolio, website, etc. unless otherwise agreed upon. The Client reserves the right to issue an NDA between themselves and Dagos Studio, which in turn would void the right of Dagos Studio to share or discuss Client's work publicly.
Miscellaneous
These Terms of Use and any policies posted on the Website or regarding the Website constitute the entire agreement and understanding between the Client and Dagos Studio. Failure of Dagos Studio to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of these Terms of Use is determined to be unlawful, void or unenforceable, that provision shall be severed from these Terms of Use but shall not otherwise affect the validity or unenforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy or on the Website shall be construed to constitute the forming of a joint venture, partnership, employment or agency relationship between Client and Dagos Studio.
Contact Information
For any questions or complaints regarding the Website, please contact Dagos Studio at: martinadagostinovega@gmail.com