Terms & conditions

This Terms of Use Agreement (the “Agreement”) constitutes a legally binding agreement by and between DesignNotepad, a limited liability company organized under the laws of Canada (“DesignNotepad”) and the client, whether personally or on behalf of an entity (“Client”), regarding access to and use of DesignNotepad’s website: https://www.designnotepad.com/ (the “Website”) and any other media form, channel, mobile website, or mobile application related, linked, or otherwise connected thereto. Failure to agree to and adhere to all terms, conditions, and obligations 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 DesignNotepad shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay DesignNotepad for services rendered shall remain and continue to be an ongoing obligation owed by Client to DesignNotepad.

1. Intellectual Property Rights

   • Unless otherwise indicated, the Website is the property of DesignNotepad, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics (collectively or individually, “Content”), and trademarks, service marks, and logos (the “Marks”).

   • The Content and Marks are protected by copyright, trademark laws, and other applicable intellectual property laws.

   • Content is provided “As-Is” for personal use only. No part of the Website or Content may be copied, reproduced, distributed, or exploited for commercial purposes without DesignNotepad’s prior written permission.

   • DesignNotepad reserves all rights in the Website, Content, and Marks.

2. Ownership of Materials

   • DesignNotepad’s ownership of Submissions is as described in Paragraph 4 (“Client Feedback”). However, all design and original source files created for the Client (“Projects”) belong to the Client. The Client shall hold the copyright for all Projects.

   • Should any law cause DesignNotepad to become the owner of a Project, DesignNotepad irrevocably assigns its entire interest in the Project to the Client.

   • The Client must ensure that all materials provided to DesignNotepad do not infringe on any third-party rights.

   • DesignNotepad reserves the right to share Client's design work publicly unless a non-disclosure agreement (NDA) is in place.

3. Third-Party Fonts and Images

   • If a Project incorporates fonts or images that are not owned by DesignNotepad and require a commercial licence, DesignNotepad will notify the Client. The Client is responsible for obtaining the necessary licences to reproduce, distribute, or publicly display such Third-Party Fonts and Images.

   • DesignNotepad will provide information for identifying the required licences and contacts for purchase.

   • The Client assumes all responsibility for consequences resulting from failure to obtain such licences.

4. User Representations

   • By using the Website, the Client represents and warrants that:

     • The Client has the legal capacity and agrees to comply with these Terms of Use.

     • The Client is not a minor in their jurisdiction.

     • The Client will not access the Website through automated means.

     • The Client will not use the Website for illegal or unauthorized purposes.

     • The Client’s use of the Website will not violate any applicable laws or regulations.

5. Prohibited Activities

   • The Client must not use the Website for any purpose other than intended. Prohibited activities include:

   • Unauthorized use or data retrieval.

   • Circumventing security features.

   • Unauthorized framing or linking.

   • Misleading or defrauding DesignNotepad or others.

   • Interfering with the Website or DesignNotepad’s networks.

   • Competing with DesignNotepad.

   • Reverse engineering software.

   • Bypassing access restrictions.

   • Harassing DesignNotepad staff.

   • Deleting copyright notices.

   • Uploading harmful material or viruses.

   • Disparaging DesignNotepad.

   • Using the Website inconsistently with laws.

6. Client Feedback

   • Any feedback or submissions (“Submissions”) are the sole property of DesignNotepad. DesignNotepad is not obligated to keep Submissions confidential or seek permission for use.

   • DesignNotepad may use Submissions at its discretion without compensation to the Client.

7. Management and Oversight

   • DesignNotepad reserves the right to monitor the Website for compliance and take appropriate legal action for violations. It may restrict or deny access without notice or liability.

8. Privacy Policy

   • By using the Website, the Client agrees to the Privacy Policy and acknowledges the transfer of data to the U.S. Access from other regions may be subject to different laws. DesignNotepad complies with the U.S. Children’s Online Privacy Protection Act.

9. Refunds

   • Due to the nature of this work, we are unable to offer refunds.

10. Modification

    • DesignNotepad can modify or remove content and discontinue the Website at its discretion without notice or liability.

11. Connection Interruptions

    • DesignNotepad does not guarantee the Website will always be available. It is not liable for any issues causing access interruptions or delays.

12. Disclaimer

    • The Website is provided "as-is". DesignNotepad disclaims all warranties and is not liable for any errors, inaccuracies, or damages related to the Website.

13. Limitations of Liability and Indemnification

    • DesignNotepad is not liable for various damages. The Client must indemnify DesignNotepad for any claims arising from use of the Website, breaches of these Terms, or violations of third-party rights.

14. User Data

    • The Client is responsible for their data and DesignNotepad is not liable for data loss or corruption.

      
      

15. Electronic Communications and Signatures

    • The Client consents to receive electronic communications and agrees that electronic signatures and records satisfy legal requirements.

      
      

16. Showcasing Design Work

    • DesignNotepad may share design work publicly unless a non-disclosure agreement (NDA) is in place. The Client can request an NDA to prevent public sharing.

      
      

17. Miscellaneous

    • These Terms constitute the entire agreement. If any provision is deemed unlawful or unenforceable, it will be severed without affecting the rest. No joint venture or employment relationship is formed.

      
      

18. Contact Information

    • For questions, contact DesignNotepad at: hello@designnotepad.com.