THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between 3rds Motion Design LLC, a limited liability company organized under the laws of the state of Florida (“3rds Motion Design LLC”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of 3rds Motion Design LLC’s website: https://www.3rds.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 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 3rds Motion Design LLC shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay 3rds Motion Design LLC for services rendered shall remain and continue to be an ongoing obligation owed by Client to 3rds Motion Design LLC.
Unless otherwise indicated, the Website is the property of 3rds Motion Design LLC 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 3rds Motion Design LLC 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 3rds Motion Design LLC’s express prior written permission. 3rds Motion Design LLC reserves all rights in the Website, Content, and Marks.
Notwithstanding 3rds Motion Design LLC’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 3rds Motion Design LLC to become the owner of a Project, in whole or in part, rather than Client, 3rds Motion Design LLC irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation. Client warrants that any and all materials provided to 3rds Motion Design LLC 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. 3rds Motion Design LLC 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.
If a Project includes fonts not owned by 3rds Motion Design LLC and which necessitate a commercial license for the Client to lawfully reproduce, distribute, or display the Project ("External Font(s)"), 3rds Motion Design LLC will notify the Client in writing. This notice will detail the incorporation of any External Fonts and will instruct the Client on the necessity of acquiring relevant licenses from the respective font rights-holder(s) for lawful use. If 3rds Motion Design LLC has provided this notification, the Client bears full responsibility for any implications arising from their failure to obtain the necessary licenses for any External Fonts used in a Project.
Upon utilizing the Website, the Client confirms that:
They possess the legal capacity and agree to these Terms of Use.
They are not considered a minor in their residing jurisdiction.
The Website will not be accessed through automated or non-human methods.
The Website will not be used for any illicit or unauthorized intentions.
Their interactions with the Website will adhere to all relevant laws and regulations.
The Client is granted access to the Website solely for its intended purposes. The Website should not be employed for commercial activities unrelated to the services offered by 3rds Motion Design LLC. Moreover, the Client commits to avoiding actions that:
Misuse the Website without permission.
Extract data or content to form a database or directory.
Bypass the Website's security features.