This Terms of Use Agreement (the “Agreement”) constitutes a legally binding agreement by and between [Your Company Name, LLC], a limited liability company organized under the laws of the state of [Your State] (“[Your Company Alias]”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of [Your Company Alias]’s website: [https://www.yourwebsite.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 [Your Company Alias] shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay [Your Company Alias] for services rendered shall remain and continue to be an ongoing obligation owed by Client to [Your Company Alias].
1. Intellectual Property Rights
Unless otherwise indicated, the Website is the property of [Your Company Alias] 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 [Your Company Alias] and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, 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 [Your Company Alias]’s express prior written permission. [Your Company Alias] reserves all rights in the Website, Content, and Marks.
2. Ownership of Materials
Notwithstanding [Your Company Alias]’s ownership of Submissions, as described in Paragraph 4 (“Client Feedback”), 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 [Your Company Alias] to become the owner of a Project, in whole or in part, rather than Client, [Your Company Alias] irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation. Client warrants that any and all materials provided to [Your Company Alias] 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. [Your Company Alias] 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.
3. Third-Party Fonts
In the event that any Project incorporates fonts that are not owned by [Your Company Alias] and require a commercial license for Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), [Your Company Alias] 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 to purchase said licenses. As long as [Your Company Alias] 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.
4. 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.
5. 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 [Your Company Alias] on behalf of the Client. Further, Client agrees to refrain from the following: unauthorized use of the Website; retrieving data or content for creating or compiling a database or directory; circumventing, disabling, or interfering with security features on the Website; unauthorized framing or linking of the Website; tricking, defrauding or misleading [Your Company Alias] or other users; interfering with the Website or [Your Company Alias]’s networks or servers; using the Website to compete with [Your Company Alias]; deciphering, decompiling, disassembling, or reverse engineering any part of the Website; bypassing measures designed to prevent or restrict access to the Website; harassing, annoying, intimidating, or threatening any of [Your Company Alias]’s employees, contractors, or agents; deleting copyright notices from Content; copying or adapting the Website’s software; uploading viruses or other harmful material; uploading material that acts as an information collection mechanism; disparaging, tarnishing, or otherwise harming [Your Company Alias]; using the Website in a manner inconsistent with applicable laws.
6. Client Feedback
Client acknowledges and agrees that any questions, comments, suggestions, or other feedback or submission (each a “Submission”) shall be the sole property of [Your Company Alias]. [Your Company Alias] is under no obligation to keep a Submission confidential or ensure its confidentiality. [Your Company Alias] shall be the sole and exclusive owner of all rights related to the Submission, except as granted to Client under Paragraph 2 (“Ownership of Materials”), and shall use and disseminate a Submission for any lawful purpose without permission, acknowledgment, or compensation to the Client. Client agrees that it has the right to articulate and submit the Submission and hereby waives all claims against [Your Company Alias] for its use of the Submission as per these terms.
7. Management and Oversight
[Your Company Alias] reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute, or regulation. [Your Company Alias] further reserves the right to restrict or deny access to the Website or disable the Client’s use of the Website. Such decision shall be at the sole discretion of [Your Company Alias], without notice or liability to Client. All decisions regarding the management of the Website shall be at the sole discretion of [Your Company Alias] and shall be designed to protect [Your Company Alias]’s rights and property.
8. Privacy Policy
By using the Website, Client agrees to be bound by and abide by the Privacy Policy and the terms set forth therein and adopted and incorporated herein. The Website is hosted in the United States of America. Access of the Website from the EU, Asia, or other regions of the world may result in the applicability of laws, statutes, or regulations differing from those of the United States governing personal data collection, use, or disclosure. Client’s continued use of the Website and transfer of data to the United States constitutes express consent to the transfer and processing of data in the United States. [Your Company Alias] does not knowingly accept or solicit information from individuals under the age of 18. In accordance with the United States’ Children’s Online Privacy Protection Act, upon receiving actual knowledge that an individual under the age of 13 has provided personally identifiable information to [Your Company Alias] without parental consent, [Your Company Alias] shall delete that information as soon as reasonably practical.
9. Returns and Refunds
[Your Company Alias] reserves the right to deny refunds based on its own discretion and without notice or liability to Client. Refund requests are assessed on a case-by-case basis. Should Client request a refund during the first month of use, all materials produced by [Your Company Alias] are the property of the company and are prohibited from being used by the Client in any way.
If a refund is deemed to be appropriate, a 25% fee will be assigned to the remaining billable period.
[Your Company Alias] reserves the right to take appropriate legal actions against Client for breach of this paragraph.
10. Modification
[Your Company Alias] reserves the right to change, alter, modify, amend, or remove anything or any content on the Website for any reason at its sole discretion. [Your Company Alias] reserves the right to modify or discontinue all or part of the Website without notice and without liability to Client.
11. Connection Interruptions
[Your Company Alias] does not guarantee or warrant that the Website will be available and accessible at all times. Issues with hardware, software, or other items may result in interruption delays or errors beyond [Your Company Alias]’s control. Client agrees that [Your Company Alias] shall not be liable for any loss, damage, or inconvenience caused by Client’s inability to access or use the Website during any interruption in the connection or service.
12. Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Maryland without regard to conflict of law principles.
13. Litigation
Any legal action of whatever nature shall be brought in the state courts of Washington County, Maryland, or in the United States District Court for the District of Maryland. The parties hereto consent to personal jurisdiction in said courts and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction. The application of 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. Client agrees that their use of the Website and Services is at their sole risk. [Your Company Alias] disclaims all warranties, express or implied, in connection with the Website and the Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. [Your Company Alias] makes no warranties or representations about the accuracy or completeness of the Website or any content therein or content of any websites linked to the Website. [Your Company Alias] assumes no liability for any errors, mistakes, inaccuracies of content and materials, personal injury or property damage, any unauthorized access to or use of [Your Company Alias]’s secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party, or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available through the Website. [Your Company Alias] does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website.
15. Limitations of Liability and Indemnification
[Your Company Alias] and its directors, employees, members, independent contractors, or agents shall not be liable to Client or any third party for any direct, indirect, consequential, incidental, special, or punitive damages, including lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures, or other damages or losses arising from the Client’s use of the Website. Client agrees to defend, indemnify, and hold harmless [Your Company Alias] and its subsidiaries, affiliates, and all respective officers, members, agents, partners, employees, and independent contractors from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of (1) use of the Website; (2) breach of these Terms of Use; (3) any breach of Client’s representations and warranties set forth herein; (4) Client’s violation of the rights of any third party, including but not limited to intellectual property rights. [Your Company Alias] reserves the right, at Client’s expense, to assume control and defense of any matter for which Client is required to indemnify [Your Company Alias]. Client agrees to cooperate with the defense of such claims.
16. User Data
Client is solely responsible for all data transmitted to or related to any activity Client has undertaken using the Website. [Your Company Alias] shall have no liability to Client for any loss or corruption of any such data and Client hereby waives any right of action against [Your Company Alias] for any such loss or corruption.
17. Electronic Communications, Transactions, and Signatures
Client hereby consents to receive electronic communications from [Your Company Alias] and agrees that all agreements, notices, disclosures, and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing. Client agrees to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by [Your Company Alias] or through the Website. Client waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic.
18. Showcasing Design Work
[Your Company Alias] reserves the right to share design work on digital channels including social media, website, etc., unless otherwise agreed upon. The Client reserves the right to issue an NDA between themselves and [Your Company Alias], which would void the right of [Your Company Alias] to share or discuss the Client's work publicly.
20. 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 [Your Company Alias]. The failure of [Your Company Alias] 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 enforceability of the remaining provisions. Nothing in these Terms of Use, the Privacy Policy, or on the Website shall be construed as constituting a joint venture
This Privacy Policy contains information on the rules for processing and protecting personal data of entities using the website (hereinafter: “Users”) owned by [Webmetric Sp. z o.o.], located at [www.webmetric.com] (hereinafter referred to as the “Website”) and the cookie policy.
The administrator of personal data provided by Users is [Webmetric Sp. z o.o.] with headquarters in [Poznań at ul. Wolsztyńska 13/1, 60 – 361 Poznań], entered into the register of entrepreneurs kept by the [District Court Poznań – Nowe Miasto and Wilda in Poznań, VIII Commercial Division – National Court Register], under the number [0000636209], NIP: [PL7792446783], hereinafter referred to as the “Administrator”.
The administrator has appointed a Data Protection Officer, whom you can contact regarding the protection of your personal data at the email address: [iod@webmetric.com] or in writing to the address of the registered office indicated above.
The processing of personal data takes place on the terms specified in the Act of May 10, 2018, on the protection of personal data and in Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, on the protection of individuals with regard to processing personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
Information about the Website Users and their behavior is obtained as follows:(a) through data entered voluntarily by Users in electronic forms posted on the Website (in sidebars, contact forms, and free quote forms) or live chat web application forms,(b) by saving cookies in end devices (so-called “cookies”),(c) by collecting web server logs by the hosting operator.The Website collects only information voluntarily provided by Users, while it may also collect information about connection parameters (time, IP address, browser). The website uses the SSL communication encryption protocol to ensure the highest security standards.
§ 2
Cookie files, also known as “cookies,” are text files saved and stored in the memory of the device used for browsing websites (e.g., PC, notebook, tablet, PDA, mobile phone). After saving the files, the server or servers connect to them and obtain the appropriate access.This website [webmetric.com] and all its subpages and subdomains use cookies only for the purposes of:(a) creating aggregate statistics and analyses that help understand how the Website is used and assist in its development,(b) optimizing the website for various devices and browsers,(c) measuring the effectiveness of advertising campaigns and activities, as well as tailoring the content and forms of advertisements displayed both on the Website and, for example, in the Google advertising network (more details: [Google AdWords Support Link]).
Two types of cookies are used on the website: (a) session cookies – they remain on the User’s device until they leave the website or turn off the web browser; (b) permanent cookies – they remain on the User’s device for a specified period of time or until they are manually deleted by the user.
On our websites, third parties place information in the form of cookies and other similar technologies on your end device (e.g., computer, smartphone) and gain access to them. They are our trusted partners with whom we constantly work to adapt advertising on our and their sites to your needs and interests. Entities from the Wirtualna Polska capital group are such trusted partners. Detailed information on the processing of your data by Wirtualna Polska can be found in the privacy policy of Wirtualna Polska.
By changing the settings of the software used to view this website, [webmetric.com] and its subpages or subdomains, it is possible to define the storage conditions and access conditions for cookies used by this website and its subpages, including the possibility of completely disabling their use. To change settings related to cookie handling, the software used to browse this website must be properly configured. Relevant information in this regard can be obtained by using the technical support for such software or by contacting its supplier.
No change in the settings of the software used to view this website constitutes, pursuant to Art. 173 paragraph. 2 of the Telecommunications Law Act, consent to the use of cookies by this website and its subpages for the purposes specified above.
§ 3
Information about some of the Users' behaviors is saved on the server side. These data are used only to administer the website and ensure the efficiency of the hosting.
The browsed resources are identified by URL addresses. Other parameters may be saved, such as the time of arrival of the inquiry, response time, errors encountered, information about the user's IP address, and the browser used. All collected data are not related to specific individuals browsing the Website and are used only for the effective administration of the server.
The processing of personal data of the Website Users referred to in § 1 para. 4 above, occurs only for the purpose for which this data was entered by the Website User on the Website with their prior consent, including:a. in order to prepare a valuation of the service and send a commercial offer,b. to handle the request, contact, or reply to a message sent by the Website User;c. fulfillment by the Administrator of the obligations imposed on them by law,d. fulfillment by the Administrator of legally justified purposes (e.g., conducting marketing activities), carried out by the Administrator or recipients of data, which do not violate the rights and freedoms of the data subject.
The recipients of the Website Users’ personal data are entities cooperating with the Administrator to the extent necessary to achieve the goals indicated in § 4 para. 1 above and entities processing data on our behalf, i.e., entities operating IT systems, entities providing advisory services, accounting, and legal services.On the basis of this Privacy Policy, the Administrator will collect some or all of the data listed below:a) name and surname,b) company name,c) contact telephone number,d) e-mail address,e) IP addresses,f) website address of the User,g) complementary information regarding the business conducted by the User.Only persons authorized by the Administrator have access to personal data.
Based on the relevant legal provisions, personal data collected by the Administrator may be made available to the relevant state authorities.
The collected Users’ data will be stored only as long as it is permitted for legal and regulatory reasons (including, for example, accounting and tax purposes) and necessary due to the justified implementation of the purposes indicated in § 4 para. 1.
The Administrator will contact the User via e-mail, telephone, or via the web application (live chat).
The Administrator is responsible for using appropriate technical and organizational measures to ensure the security of data provided by Website Users, in particular, preventing access to them by third parties or their processing in violation of the law, preventing data loss, damage, or destruction.
Website users have the right to lodge a complaint with the supervisory authority if they believe that the processing of data violates the provisions of the general regulation on the protection of personal data of April 17, 2016.
Website users have the right to access their personal data and the right to rectify it, limit data processing, the right to transfer data, delete data, the right to object, and withdraw consent at any time without affecting the lawfulness of processing based on consent before its withdrawal.If you have any questions, doubts, objections, or complaints regarding the privacy policy, as well as in the case of exercising the rights described above, please contact us via the contact form at [https://webmetric.com].
Cookies are pieces of information that a website transfers to an individual’s computer hard drive for record-keeping purposes. Cookies make using our Site easier by, among other things, saving your passwords and preferences for you. These cookies are restricted for use only on our Site and do not transfer any personal information to any other party. Most browsers are initially set up to accept cookies. However, you can reset your browser to refuse all cookies or indicate when a cookie is being sent. Please consult the technical information relevant to your browser for instructions. If you choose to disable your cookies setting or refuse to accept a cookie, some parts of the Site may not function properly or may be considerably slower.
Malware/Spyware/Viruses: Neither the Company nor the Site knowingly permits the use of malware, spyware, viruses, and/or other similar types of software.
Links to External Sites: The Company is not responsible for the content or practices of third-party websites that may be linked to the Site. The Company is also not responsible for any information that you might share with such linked websites. You should refer to each website’s respective privacy policy and practices prior to disclosing any information.
Bulletin Boards and Chat Areas: Guests of the Site are solely responsible for the content of messages they post on the Company’s forums, such as chat rooms and bulletin boards. Users should be aware that when they voluntarily disclose personal information (e.g., user name, email address, phone number) on the bulletin boards or in the chat areas, that information can be collected and used by others and may result in unsolicited messages from other people. You are responsible for the personal information you choose to submit in these instances. Please take care when using these features.
Choice/Opt-Out: The Site may provide you the opportunity to opt-in to receive communications from us at the point where we request information about you. You always have the option of removing your name from any email list to discontinue any such future communications. In order to ensure immediate removal from any list, please follow the specific instructions set forth within the communications you receive from the Company which you no longer wish to receive. If you are unsuccessful in completing the instructions specified in any such communication, please email us at [info@langhamrecruitment.co.uk], including a copy of the undesired email attached to the request, and state your wish to be removed from the mailing list.
Contact Information for Complaints or Concerns: If you have any complaints or concerns about the Company or about this privacy statement, please contact:
Via email: [info@langhamrecruitment.co.uk]
or
Via post: [Studio 4.2, Fuel Studios, Kiln House, Pottergate, Norwich NR2 1DX]
Information provided by you via general email inquiries to the Company, such as your email address, is used only to respond to your inquiries in the ordinary course of business and is never shared with third parties.
Security: Security for all personally identifiable information is extremely important to us. Unfortunately, no data transmission over the internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, The Company cannot ensure or warrant the security of any information you transmit via the internet. By transmitting any such information to the Company, you accept that you do so at your own risk.
Your Acceptance of These Terms: By using the Site, you accept the policies and restrictions set forth in this Online Privacy Policy. If you do not agree to this policy, please do not use the Site. This Online Privacy Policy may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Online Privacy Policy to which you are bound.
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