Last updated: 23/05/2022
1. Intellectual Property Rights
Unless otherwise indicated, the Website is the property of Delapeta Design 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 Delapeta Design and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, European Union and 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 Delapeta Design’s express prior written permission. Delapeta Design reserves all rights in the Website, Content and Marks.
2. Ownership of Materials
Notwithstanding Delapeta Design’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 the Client, and the Client shall be the sole owner of the copyright for any projects performed for the Client. Client warrants that any and all materials provided to Delapeta Design 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. Delapeta Design 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 Delapeta Design and require a commercial license in order for the Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), Delapeta Design 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 Delapeta Design has informed the 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
5. Prohibited Activities
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 endeavours except those related to the work performed by Delapeta Design on behalf of the Client. Further, the Client agrees to refrain from the following: Make any unauthorised 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 unauthorised framing or linking of the Website; Trick, defraud or mislead Delapeta Design or other users; Interfere with, disrupt or create an undue burden on the Website or Delapeta Design’s networks or servers; Use the Website in an effort to compete with Delapeta Design; 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 Delapeta Design’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 Delapeta Design; Use the Website in a manner inconsistent with any applicable laws, statutes or regulations.
6. Client Feedback
The Client acknowledges and agrees that any questions, comments, suggestions or other feedback or submission (each a “Submission”) shall be the sole property of Delapeta Design and Delapeta Design is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. Delapeta Design shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to 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 of or to the Client. Client agrees that it has the right to articulate and put forth the Submission and Client hereby waives all claims and recourse against Delapeta Design for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.
7. Management and Oversight