⚖️ Terms of Services
Last updated: 9/16/2022
THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between Viral Velfie, a limited liability company organized under the laws of the state of Maryland (“Viral Velfie”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of Viral Velfie’s website: https://www.viralvelfie.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 Viral Velfie shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Viral Velfie for services rendered shall remain and continue to be an ongoing obligation owed by Client to Viral Velfie.
1. Intellectual Property Rights
Unless otherwise indicated, the Website is the property of Viral Velfie, 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 Viral Velfie 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 Viral Velfie’s express prior written permission. Viral Velfie reserves all rights in the Website, Content, and Marks.
2. Ownership of Materials
Notwithstanding Viral Velfie’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 Viral Velfie to become the owner of a Project, in whole or in part, rather than Client, Viral Velfie irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation. Client warrants that any and all materials provided to Viral Velfie 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. Viral Velfie 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 Viral Velfie and require a commercial license for Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), Viral Velfie 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. So long as Viral Velfie has informed Client of the incorporation of Third-Party Fonts as described above, Client assumes all responsibility for any consequences as a result of failing 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 Viral Velfie on behalf of the Client. Further, Client agrees to refrain from the following:
• Make any unauthorized use of the Website;
• Retrieve data or content for creating or compiling a database or directory;
• Circumvent, disable, or otherwise interfere with security-related features on the Website;
• Engage in unauthorized framing or linking of the Website;
• Trick, defraud or mislead Viral Velfie or other users;
• Interfere with, disrupt, or create an undue burden on the Website or Viral Velfie’s networks or servers;
• Use the Website in an effort to compete with Viral Velfie;
• Decipher, decompile, disassemble, or reverse engineer any software comprising any 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 Viral Velfie’s employees, independent contractors, or agents;
• 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 that interferes with any party’s use of the Website or modifies, impairs, disrupts, or alters the Website’s features, functions, operations, or maintenance;
• Disparage, tarnish or otherwise harm Viral Velfie;
• Use the Website inconsistently with applicable laws, statutes, or regulations.
6. Client Feedback
Client acknowledges and agrees that any questions, comments, suggestions, or other feedback or submissions (“Submissions”) shall be the sole property of Viral Velfie, and Viral Velfie is under no obligation to keep a Submission confidential or take steps necessary to ensure its confidentiality. Viral Velfie 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 may use a Submission for any lawful purpose without permission, acknowledgment, or compensation to the Client.
7. Management and Oversight
Viral Velfie reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to any such violation. Viral Velfie further reserves the right to restrict or deny access to the Website or disable the Client’s use of the Website.
8. Privacy Policy
By using the Website, Client agrees to the Privacy Policy. The Website is hosted in the United States of America, and Client’s continued use and data transfer to the United States constitutes express consent to the transfer and processing of data in the United States.
9. Returns and Refunds
Viral Velfie reserves the right to deny refunds at its discretion. Refund requests are assessed on a case-by-case basis. If a refund is granted, a 25% fee applies to the remaining billable period.
10. Modification
Viral Velfie reserves the right to change, alter, modify, amend or remove content on the Website for any reason at its discretion.
11. Connection Interruptions
Viral Velfie does not guarantee the Website will be available and accessible at all times.
12. Governing Law
These Terms of Use shall be governed by the laws of Maryland without regard to conflict of law principles.
13. Litigation
Any legal action shall be brought in the state courts of Washington County, Maryland, or the United States District Court for the District of Maryland.
14. Disclaimer
The Website is provided on an as-is basis, and Viral Velfie disclaims all warranties, express or implied, regarding the Website and Client’s use thereof.
15. Limitations of Liability and Indemnification
Viral Velfie and its affiliates are not liable for any damages arising from Client’s use of the Website. Client agrees to defend and indemnify Viral Velfie from any third-party claims.
16. User Data
Client is responsible for all data transmitted through the Website.
17. Electronic Communications, Transactions, and Signatures
Client consents to receive electronic communications from Viral Velfie and agrees to electronic signatures.
18. Showcasing Design Work
Viral Velfie reserves the right to share design work on digital channels unless otherwise agreed upon.
19. Referrals
Referral tracking and payouts are handled through our third-party partner, Rewardful.com.
20. Miscellaneous
These Terms of Use and any policies posted on the Website constitute the entire agreement between Client and Viral Velfie.
Contact Information
For questions or complaints, please contact Viral Velfie at: viralvelfie@gmail.com.