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by neue.worldterms of useLast updated: 10/06/2023
THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between NEUE WORLD OÜ, a limited liability company under the laws Estonia (“NEUE+”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of NEUE+ website: (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 N shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay DesiN services rendered shall remain and continue to be an ongoing obligation owed by Client to DesignN
Unless otherwise indicated, the Website is and shall remain the exclusive property of NEUE WORLD, including 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 therein (the “Marks”). All such Content and Marks are owned and controlled by NEUE WORLD and are protected by copyright and trademark laws, as well as any other applicable intellectual property law or regulation of Estonia, foreign jurisdictions, and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Without NEUE WORLD's express prior written permission, 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. NEUE WORLD reserves all rights in the Website, Content, and Marks.
Notwithstanding NEUE WORLD’s ownership of Submissions, as described in Paragraph 4 (“Client Feedback”), all design and original source files created on Client’s behalf (“Projects”) shall belong exclusively to the Client, and the Client shall be the sole owner of the copyright for all such Projects. In the event that any operation of law would cause NEUE WORLD to become the owner of a Project, in whole or in part, rather than the Client, NEUE WORLD 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 NEUE WORLD 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. NEUE WORLD always reserves the right to share the Client's design work publicly (via social media, website, and other platforms) unless the Client has explicitly stated otherwise in section 18 of this document.
In the event that any Project incorporates assets that are not owned by NEUE WORLD and require a commercial license in order for the Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Asset(s)”), NEUE WORLD shall duly notify the Client in writing that one or more Third-Party Assets have been incorporated into the Project and that the Client shall 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. Such notice shall include information sufficient for the Client to identify which licenses are required and who to contact in order to purchase said licenses. So long as NEUE WORLD has informed the Client of the incorporation of Third-Party Fonts as described above, the Client shall assume 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 they have the legal capacity to enter into these Terms of Use and agrees to comply with them. The Client further represents and warrants that they are not a minor in the jurisdiction of their domicile, will not access the Website through automated or non-human means, will not use the Website for any illegal or unauthorized purpose, and that their use of the Website will not violate any applicable law or regulation. These representations and warranties are material and induce NEUE WORLD to permit the Client to use the Website. NEUE WORLD reserves the right to terminate the Client's access to the Website if it determines, in its sole discretion, that the Client has breached any of these representations and warranties.
The User ("Client") may only access or use the Website ("Site") provided by NEUE WORLD ("Agency") for its intended purpose as outlined herein. Commercial exploitation of the Site is strictly prohibited unless it pertains to work directly undertaken by the Agency on behalf of the Client. The Client further undertakes to abstain from the following actions:
1. Engaging in unauthorized utilization of the Site;
2. Extracting data or content with the intention of forming or compiling databases or directories;
3. Manipulating, disabling, or interfering with any security mechanisms established on the Site;
4. Participating in unauthorized framing or linking to the Site;
5. Deceiving or misleading the Agency or any of its users through fraudulent means;
6. Disrupting or imposing an unnecessary load on the Site or the Agency’s networks or servers;
7. Utilizing the Site to unfairly compete against the Agency;
8. Decoding, decompiling, disassembling, or reverse engineering any part of the software integral to the Site;
9. Evading measures established on the Site to control or limit access to the Site or any sections thereof;
10. Harassing, intimidating, or threatening any of the Agency’s personnel, contractors, or agents involved in the provision of services via the Site;
11. Removing any copyright or other rights notice from any Content;
12. Duplicating or modifying the Site's software;
13. Uploading or transmitting, or attempting to do so, any harmful materials, such as viruses or Trojan horses, or any material that disrupts any party's use of the Site or adversely affects the Site's usability, features, functions, operations, or maintenance;
14. Uploading or transmitting, or attempting to upload or transmit, any material that acts as a passive or active information collection or transmission mechanism;
15. Defaming, devaluing or causing harm to the Agency in any form;
16. Using the Site in any way that contravenes applicable laws, statutes, or regulations.
By accessing and using the Site, the Client agrees to adhere to the above stipulations and acknowledges that noncompliance may result in legal consequences.
The Client hereby acknowledges and agrees that any inquiries, remarks, suggestions, or any other contributions or submissions (hereinafter referred to as "Submission") provided by them shall become the exclusive property of NEUE WORLD. The Client acknowledges that NEUE WORLD has no obligation to maintain confidentiality of any Submission nor take measures to ensure its confidentiality.
Except for the rights granted to the Client under Clause ("Ownership"), NEUE WORLD will be the sole proprietor of all rights pertaining to any Submission. NEUE WORLD, at its unrestricted discretion, may utilize, disseminate or otherwise exploit the Submission for any legal purpose without obtaining further consent from, providing acknowledgment to, or rendering compensation to the Client.
The Client affirms that they possess the necessary rights to provide the Submission and hereby relinquishes any and all claims against NEUE WORLD relating to its utilization of the Submission in accordance with the terms outlined herein and at NEUE WORLD's sole discretion in the future.
NEUE WORLD retains the right to supervise the Website for any violations of these Terms of Use and to instigate necessary legal actions in response to any infractions of these Terms of Use or any other applicable laws, statutes, or regulations. Moreover, NEUE WORLD reserves the prerogative to limit or prohibit access to the Website or deactivate the Client’s usage of the Website. Such decision shall be exercised at the absolute discretion of NEUE WORLD, with no requirement to notify the Client or assume liability for any consequences thereof. All decisions pertaining to the governance of the Website fall within the exclusive discretion of NEUE WORLD, and are designed to safeguard NEUE WORLD's rights and property.
By utilizing the Website, the Client consents to comply with and be governed by the Privacy Policy, as specifically delineated therein, which is hereby adopted and incorporated into this agreement. The Website is hosted within the United States of America. If the Website is accessed from the European Union, Asia, or any other global region, it may be subject to laws, statutes, or regulations distinct from those of the United States, particularly concerning personal data collection, utilization, or disclosure. The Client's sustained use of the Website and transference of data to the United States signifies their explicit consent for such data to be transferred and processed within the United States. NEUE WORLD does not intentionally collect or solicit information from individuals below the age of 18. In compliance with the United States' Children's Online Privacy Protection Act, upon receiving verified knowledge that an individual under the age of 13 has submitted personally identifiable information to NEUE WORLD without parental consent, NEUE WORLD commits to delete that information as promptly as feasible.
NEUE WORLD retains the right to refuse refund requests at its sole discretion, without obligation to provide notice or incur liability to the Client. Each refund request will be evaluated individually. If the Client seeks a refund within the first month of service, all materials created by NEUE WORLD remain under the company's ownership and their use by the Client in any form is strictly prohibited.In circumstances where a refund is approved, a fee of 25% will be levied against the remaining billable period.NEUE WORLD reserves the right to instigate necessary legal proceedings against the Client for any violation of this clause.
NEUE WORLD reserves the unequivocal right to modify, amend, alter, or remove any aspect or content of the Website at its sole discretion, for any reason. NEUE WORLD also retains the right to partially or completely modify or discontinue the Website, without any obligation to provide notice or bear liability towards the Client.
NEUE WORLD does not assure or guarantee uninterrupted access or availability of the Website at all times. Technical difficulties related to hardware, software, or other factors beyond the control of NEUE WORLD may cause delays, errors, or service interruptions. The Client consents that NEUE WORLD shall bear no liability for any loss, damage, or inconvenience suffered by the Client due to inability to access or use the Website during any downtime or service interruption.
NEUE WORLD provides the Website on an "as-is" and "as-available" basis. The Client acknowledges that the use of the Website and Services is at their sole risk. NEUE WORLD expressly disclaims all warranties, whether express or implied, in connection with the Website and the Client's use thereof, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. NEUE WORLD does not represent or warrant the accuracy, completeness, or reliability of the Website, its content, or any websites linked thereto. NEUE WORLD shall not be liable for any direct or indirect damages resulting from errors, inaccuracies, or omissions in content and materials, unauthorized access to or use of our secure servers, interruptions or cessations of service, or the transmission of harmful components via the Website. NEUE WORLD disclaims any endorsement, guarantee, or responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website.
Neither NEUE WORLD nor its directors, employees, members, independent contractors, or agents shall be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including lost profits or revenues, data loss, legal costs, penalties, or any other losses arising from the Client's use of the Website. The Client agrees to defend, indemnify, and hold harmless NEUE WORLD against any loss, damage, liability, claim, or demand, including reasonable legal fees, due to or arising out of the Client's use of the Website, breach of these Terms of Use, violation of any third party's rights, including intellectual property rights. NEUE WORLD retains the right, at the Client's expense, to assume the defense and control of any matter subject to indemnification by the Client, who agrees to cooperate with NEUE WORLD's defense of such claims.
The Client consents to receiving electronic communications from NEUE WORLD and acknowledges that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement for written documentation. The Client accepts the use of electronic signatures, contracts, orders, and other records and electronic delivery of notices, policies, and records of transactions initiated or completed by NEUE WORLD or via the Website. The Client waives any rights or requirements under any laws in any jurisdiction which require original signatures or non-electronic records, or payments or credits by non-electronic means.
NEUE WORLD retains the right to showcase design work across digital channels, including social media, its website, etc., unless otherwise agreed upon. The Client can execute a Non-Disclosure Agreement (NDA) with NEUE WORLD, which would subsequently nullify NEUE WORLD's right to publicly share or discuss the Client's work.
These Terms of Use, together with any policies posted on the Website, constitute the entire agreement between the Client and NEUE WORLD. NEUE WORLD's failure to enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision. If any provision of these Terms of Use is deemed unlawful, void, or unenforceable, that provision shall be severed from the remaining provisions, without affecting their validity or enforceability. Nothing in these Terms of Use, the Privacy Policy, or on the Website is intended to create a joint venture, partnership, employment, or agency relationship between the Client and NEUE WORLD.
We are always interested in exciting
projects and ambitions partnerships.
We are more than just your + one.
by neue.worldterms of use