20. Contact Information

While Maystorm retains ownership of Submissions as outlined in Section 6 (“Client Feedback”), all design and original source files created on the client’s behalf (“Projects”) are the exclusive property of the client. The client shall hold sole copyright ownership for all Projects. In the unlikely event that any legal circumstance attempts to transfer ownership of a Project to Maystorm, Maystorm hereby irrevocably and perpetually assigns its entire interest in the Project back to the client, without any limitations.
The client confirms that all materials provided to Maystorm as examples or for incorporation into a project during the design process are owned by the client and do not infringe upon or misappropriate any third party’s rights, including but not limited to, all intellectual property rights and any right of publicity. Unless otherwise agreed upon in Section 18 of this document, Maystorm reserves the right to share the client’s design work publicly, including on social media and its website.

2. Ownership of Materials

Unless otherwise indicated, the Website is the property of Maystorm. 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 Maystorm 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 Maystorm’s express prior written permission. Maystorm reserves all rights in the Website, Content, and Marks.”

1. Intellectual Property Rights

THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement between Maystorm Studio, LLC, a limited liability company structured under the laws of the state of Kentucky (“Maystorm”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of Maystorm’s website: https://maystormstudio.com/subscriptions (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 Maystorm shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Maystorm for services rendered shall remain and continue to be an ongoing obligation owed by Client to Maystorm.
For the purposes of this agreement, the term “website” refers to the online platform hosted at the specified URL (https://maystormstudio.com/subscriptions), inclusive of all its web pages, content, features, and functionalities, as well as any other media form, channel, mobile website, or mobile application directly associated with Maystorm and accessible through the provided URL.

Terms of Use Agreement:

If any project incorporates fonts not owned by Maystorm and requires a commercial license for the client to legally reproduce, distribute, or publicly display the project (“Third-Party Font(s)”), Maystorm will notify the client in writing about the incorporation of one or more Third-Party Fonts. The client will be required to purchase the necessary licenses for the Third-Party Fonts directly from the rights-holder(s) to ensure legal use, reproduction, distribution, or public display of the project. This notice will include comprehensive information for the client to identify the required licenses and the appropriate contacts for the purchase.
As long as Maystorm has duly informed the client about the incorporation of Third-Party Fonts as described above, the client assumes full responsibility for any consequences resulting from a failure to purchase the required licenses for Third-Party Fonts incorporated into a project.

3. Incorporation of Third-Party Fonts:

By utilizing the Website, the client represents and warrants that:

a. The client possesses the legal capacity and agrees to adhere to these Terms of Use.
b. The client is not a minor in the jurisdiction of their domicile.
c. The client will not access the Website through automated or non-human means.
d. The client will not utilize the Website for any illegal or unauthorized purposes.
e. The client’s use of the Website will not violate any applicable laws or regulations.

4. User Representations

Client shall not engage in the following prohibited activities while accessing or using the Website:

a. Use the Website for any purpose other than that for which it is made available, except those related to work performed by Maystorm on behalf of the Client.
b. Engage in any unauthorized use of the Website.
c. Retrieve data or content for the purposes of creating or compiling a database or directory.
d. Circumvent, disable, or otherwise interfere with security-related features on the Website.
e. Engage in unauthorized framing or linking of the Website.
f. Trick, defraud, or mislead Maystorm or other users.
g. Interfere with, disrupt, or create an undue burden on the Website or Maystorm’s networks or servers.
h. Use the Website in an effort to compete with Maystorm.
i. Decipher, decompile, disassemble, or reverse engineer any software comprising the Website.
j. Bypass any measures on the Website designed to prevent or restrict access.
k. Harass, annoy, intimidate, or threaten any of Maystorm’s employees, independent contractors, or agents providing services through the Website.
l. Delete the copyright or other rights notice from any Content.
m. Copy or adapt the Website’s software.
n. Upload or transmit, or attempt to do so, viruses, trojan horses, or other material that interferes with any party’s use of the Website.
o. Upload or transmit, or attempt to do so, any material that acts as a passive or active information collection or transmission mechanism.
p. Disparage, tarnish, or otherwise harm Maystorm.
q. Use the Website in a manner inconsistent with any applicable laws, statutes, or regulations.

5. Prohibited Activities

The client acknowledges and agrees that any questions, comments, suggestions, or other feedback or submission (each a “Submission”) shall be the sole property of Maystorm. Maystorm is under no obligation to keep a Submission confidential or take steps necessary to ensure its confidentiality. Maystorm shall be the sole and exclusive owner of all rights related to the Submission, except to the extent that rights are granted to the client under Section 2 (“Ownership of Materials”). Maystorm, at its sole and unrestricted discretion, may use and disseminate a Submission for any lawful purpose without requiring permission, acknowledgment, or compensation to the client.
By providing a Submission, the client affirms that they have the right to articulate and submit the content. The client hereby waives all claims and recourse against Maystorm for its use of the Submission in accordance with the terms herein and at its sole discretion hereafter.

6. Client Feedback

Maystorm retains the right to monitor the Website for violations of these Terms of Use and is authorized to take appropriate legal action in response to any breach of the Terms of Use or applicable laws, statutes, or regulations. Maystorm further reserves the right to restrict, deny access to, or disable the Client’s use of the Website. Such decisions shall rest solely with Maystorm, made without notice or liability to the Client. All determinations concerning the management of the Website shall be entirely at Maystorm’s discretion and will be aimed at safeguarding Maystorm’s rights and property.

7. Management and Oversight

By utilizing the Website, the Client agrees to be bound and adhere to the Privacy Policy and the specific terms outlined therein, which are adopted and incorporated herein. Please note that the Website is hosted in the United States of America. Accessing the Website from the EU, Asia, or any other region of the world might subject the usage to laws, statutes, or regulations that differ from those of the United States governing the collection, use, or disclosure of personal data.
The Client’s continued use of the Website and the transfer of data to the United States constitute the express consent of the Client to the transfer and processing of data in the United States. It is important to mention that Maystorm does not knowingly accept or solicit information from individuals under the age of 18. In compliance with the United States’ Children’s Online Privacy Protection Act, upon receiving actual knowledge that an individual under the age of 13 has provided personally identifiable information to Maystorm without parental consent, Maystorm shall promptly delete that information as soon as reasonably practical.

8. Privacy Policy

Maystorm retains the right to deny refunds at its own discretion without prior notice or liability to the Client. Refund requests are individually evaluated. Should the Client request a refund within the initial month of use, all materials produced by Maystorm remain the sole property of the company and are strictly prohibited from being used by the Client in any manner.

9. Returns and Refunds

Maystorm retains the right to change, alter, modify, amend, or remove any content on the Website for any reason at its sole discretion. Maystorm also reserves the right to modify or discontinue all or part of the Website without notice and without liability to the Client.

10. Modification

Maystorm does not guarantee or warrant that the Website will be available and accessible at all times. Various factors, including issues with hardware, software, or other technical elements, might result in interruptions, delays, or errors that are beyond Maystorm’s control.
The Client acknowledges and agrees that Maystorm shall not be liable for any loss, damage, or inconvenience caused by the Client’s inability to access or use the Website during any interruption in the connection or service. Clients are encouraged to understand and accept the inherent risks associated with online services.

11. Connection Interruptions

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Kentucky, without regard to conflict of law principles.

12. Governing Law

Any legal action, regardless of its nature, shall be initiated in the state courts of Fayette County, Kentucky, or in the United States District Court for the District of Kentucky. The parties involved hereby consent to personal jurisdiction in these courts and waive all defenses related to lack of personal jurisdiction and forum non conveniens concerning venue and jurisdiction.
The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act is expressly excluded from these Terms of Use.

13. Litigation

The Website is provided on an as-is, as-available basis. The Client acknowledges that their use of the Website and Services is at their sole risk. Maystorm disclaims all warranties, express or implied, in connection with the Website and the Client’s use thereof, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Maystorm makes no warranties or representations about the accuracy or completeness of the Website or any content thereon, or the content of any websites linked to the Website. Maystorm assumes no liability for any errors, mistakes, or inaccuracies of content and materials, personal injury or property damage of any nature whatsoever, unauthorized access to or use of Maystorm’s secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party, and/or any errors or omissions in content and materials. Maystorm shall not be liable for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available through the Website.
Maystorm does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party, either through the Website, a hyperlinked website, or any website or mobile application featured in any advertising.

14. Disclaimer

For any questions or complaints regarding the Website, please contact Maystorm at: info@maystormstudio.com.

15. Limitations of Liability and Indemnification

The Client agrees to defend, indemnify, and hold harmless Maystorm and its subsidiaries, affiliates, and all respective officers, members, agents, partners, employees, and independent contractors from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

a. Use of the Website;
b. Breach of these Terms of Use;
c. Any breach of Client’s representations and warranties set forth herein;
d. Client’s violation of the rights of any third party, including but not limited to intellectual property rights.

Notwithstanding the foregoing, Maystorm reserves the right, at the Client’s expense, to assume control and defense of any matter for which the Client shall be required to indemnify Maystorm hereunder. The Client agrees to cooperate with the defense of such claims.

Indemnification:

Maystorm, along with its directors, employees, members, independent contractors, or agents, shall not be liable to the Client or any third party for any direct, indirect, consequential, incidental, special, or punitive damages, including lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures, or other damages or losses arising from the Client’s use of the Website.

16. User Data

The Client is solely responsible for all data transmitted to or related to any activity undertaken by the Client using the Website. Maystorm shall not be liable to the Client for any loss or corruption of such data. The Client hereby waives any right of action against Maystorm arising from any such loss or corruption.

17. Electronic Communications, Transactions and Signatures

The Client hereby consents to receive electronic communications from Maystorm and agrees that all agreements, notices, disclosures, and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing. The Client also agrees to the use of electronic signatures, contracts, orders, and other records, as well as the electronic delivery of notices, policies, and records of transactions initiated or completed by Maystorm or through the Website. The Client expressly waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which mandate an original signature or the delivery or retention of non-electronic records. This waiver also applies to payments or the granting of credits, which can be conducted exclusively through electronic means.

18. Showcasing Design Work

Maystorm reserves the right to showcase design work on digital channels, including social media and the website, unless otherwise agreed upon. The Client, however, retains the right to issue a Non-Disclosure Agreement (NDA) between themselves and Maystorm. In the event of an NDA, Maystorm is prohibited from sharing or discussing the Client’s work publicly, thereby voiding Maystorm’s default right to do so.

19. Miscellaneous

These Terms of Use, along with any policies posted on the Website or related to the Website, constitute the entire agreement and understanding between the Client and Maystorm. The failure of Maystorm to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. If any provision or part of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision shall be severed from these Terms of Use but shall not otherwise affect the validity or enforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy, or on the Website shall be construed to constitute the forming of a joint venture, partnership, employment, or agency relationship between the Client and Maystorm.