1. Intellectual Property Rights:
Unless otherwise stated, the website is owned by Sahabe and all source code, databases, features, software, website designs, sounds, videos, texts, photographs, and graphics of any kind and format (hereinafter, collectively or individually referred to as the "content"), as well as the trademarks, service marks, and logos contained therein (the "marks"), are owned and controlled by Sahabe and are protected by copyright and trademark laws, as well as any other applicable intellectual property laws or regulations in the United Kingdom, foreign jurisdictions, and international conventions. The content and marks are provided "as is" for your information and personal use only. Unless expressly provided herein, no part of the website or any content may be copied, reproduced, aggregated, republished, downloaded, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without the express prior written permission of Sahabe. Sahabe reserves all rights to the website, content, and marks.
2. Equipment Property
Notwithstanding Sahabe's ownership of the submissions as described in paragraph 4 ("Customer Feedback"), all designs and original source files created on behalf of the client ("Projects") belong to the client, and the client is the sole copyright holder for all projects. The client warrants that all elements provided to Sahabe as examples or items to be incorporated into a project during the design process are owned by the client and do not infringe or misappropriate the rights of any third party, including but not limited to all intellectual property rights and any rights to likeness. Sahabe always reserves the right to share the client's design work with the public (social media, website, etc.), unless otherwise agreed in section 18 of this document.
3. Third-Party Fonts
In the event that a project incorporates fonts that are not owned by Sahabe and require a commercial license for the client to legally reproduce, distribute, or publicly display the project ("Third-Party Font(s)"), Sahabe will notify the client in writing that one or more third-party fonts have been incorporated into the project and that the client will need to purchase one or more licenses for the third-party fonts from the respective font rights holders in order to legally reproduce, distribute, or publicly display the project. As long as Sahabe has notified the client of the incorporation of third-party fonts as described above, the client bears full responsibility for the consequences resulting from the client not purchasing one or more licenses for the third-party fonts incorporated into a project.
4. User Representations
By using the website, the client represents and warrants that: the client has legal capacity and agrees to comply with these terms of use; the client is not a minor in the jurisdiction of their residence; the client will not access the website through automated or non-human means; the client will not use the website for any illegal or unauthorized purpose; the client's use of the website will not violate any applicable laws or regulations.
5. Prohibited Activities
The client shall not access or use the website for any purpose other than those for which the website is made available. The website may not be used for commercial activities, except those related to work performed by Sahabe on behalf of the client. Furthermore, the client agrees to refrain from the following: Unauthorized use of the website; Scraping data or content for the purpose of creating or compiling a database or directory; Circumventing, disabling, or otherwise interfering with the security features of the website; Engaging in unauthorized framing or linking of the website; Deceiving, defrauding, or misleading Sahabe or other users; Interfering with, disrupting, or creating an undue burden on the website or Sahabe's networks or servers; Using the website for the purpose of competing with Sahabe; Decrypting, decompiling, disassembling, or reverse-engineering any software comprising or part of the website; Circumventing any measures on the website designed to prevent or restrict access to the website or any part thereof; Harassing, annoying, intimidating, or threatening any employee, independent contractor, or agent of Sahabe providing services through the website; Removing copyright notice or other rights from any content; Copying or adapting the website's software; Uploading or transmitting, or attempting to do so, viruses, trojans, or any other material, including anything that interferes with a third party's use of the website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations, or maintenance of the website; Uploading or transmitting, or attempting to do so, any material that acts as a passive or active mechanism for the collection or transmission of information; Disparaging, tarnishing, or otherwise harming Sahabe; Using the website in a manner inconsistent with applicable laws, statutes, or regulations.
6. Customer Feedback
The client acknowledges and agrees that any question, comment, suggestion, or other feedback or submission (each, a "submission") shall be the exclusive property of Sahabe and that Sahabe has no obligation to keep a submission confidential or to take any measures to ensure the confidentiality of a submission. Sahabe is the sole and exclusive owner of all rights related to the submission, except to the extent rights are granted to the client under paragraph 2 ("Equipment Property"), and may, in its sole discretion, use and disclose a submission for any lawful purpose without authorization, acknowledgment, or compensation to or for the client. The client agrees that they have the right to articulate and submit the submission and hereby waives any claims and remedies against Sahabe for its use of the submission in accordance with the terms herein and at its sole discretion thereafter.
7. Management and Monitoring
Sahabe reserves the right to monitor the website for any violations of these terms of use and to take appropriate legal action in the event of a violation of the terms of use or any applicable laws, statutes, or regulations. Sahabe also reserves the right to restrict or deny access to the website or disable the client's use of the website. This decision will be made at the sole discretion of Sahabe, without notice or liability to the client. All decisions regarding the management of the website will be made at the sole discretion of Sahabe and will be designed to protect Sahabe's rights and property.
8. Privacy Policy
By using the website, the client agrees to be bound by and comply with the privacy policy and the specific terms therein, which are adopted and incorporated into this document. The website is hosted in the United Kingdom. Accessing the website from the EU, USA, or any other region of the world may result in the application of different laws, statutes, or regulations than those in the United Kingdom that govern the collection, use, or disclosure of personal data. Continued use of the website by the client and the transfer of data to the United Kingdom constitutes the client's express consent to the transfer and processing of data in the United Kingdom. Sahabe does not knowingly accept or solicit information from individuals under the age of 18. In accordance with the United States Children's Online Privacy Protection Act, if Sahabe learns that a person under the age of 13 has provided Sahabe with personally identifiable information without the consent of their parents, Sahabe will delete such information as soon as reasonably possible.
9. Returns and Refunds
Sahabe reserves the right to refuse refunds, at its sole discretion and without notice or liability to the client. Requests for refunds will be evaluated on a case-by-case basis.If the client requests a refund within the first month of use, all materials produced by Sahabe are the property of the company and the client is prohibited from using it in any way. If a refund is deemed appropriate, a 25% fee will be charged for the remaining billable period.Sahabe reserves the right to take appropriate legal action against the client in the event of a violation of this paragraph.
10. Modifications
Sahabe reserves the right to change, alter, modify, amend, or delete all or any part of the content of the website for any reason and at its sole discretion. Sahabe reserves the right to modify or discontinue all or any part of the website without notice and without liability to the client.
11. Connection Interruptions
Sahabe does not guarantee that the website will be available and accessible at all times. Issues related to hardware, software, or other factors may result in delays, interruptions, or errors beyond Sahabe's control. The client acknowledges that Sahabe shall not be held responsible for any losses, damages, or inconveniences caused by the client's inability to access or use the website during a connection or service interruption.
12. Applicable Law
These terms of use are governed and interpreted in accordance with the laws of the United Kingdom, without regard to principles of conflict of laws.
13. Disputes
Any legal action, regardless of its nature, must be brought before the first instance court of the United Kingdom. The parties herein acknowledge the personal jurisdiction of said courts and waive any defense regarding lack of personal jurisdiction and forum non conveniens concerning the venue and jurisdiction. The application of the United Kingdom Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act is excluded from these terms of use.
14. Disclaimer
The website is provided on an "as-is" and "as available" basis. The client agrees to use the website and services at their own risk. Sahabe disclaims all warranties, express or implied, relating to the website and its use by the client, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Sahabe makes no warranty and does not make any representations regarding the accuracy or completeness of the website or its content or the content of any website linked to the website, and Sahabe assumes no responsibility for errors, faults, or inaccuracies of the content and materials, bodily or material harm of any nature, unauthorized access to Sahabe's secure servers or their use and/or any personal and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses, or other items that may be transmitted to or through the website by a third party, and/or any errors or omissions in the content and materials or for any loss or damage of any nature resulting from the use of any displayed, transmitted, or made available content through the website. Sahabe does not warrant, endorse, or assume responsibility for any product or service advertised or offered by a third party, whether through the website, a hyperlinked website, or a website or mobile application featured in an advertisement.
15. Limitation of Liability and Indemnification
Sahabe and 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 loss of profits, loss of revenue, loss of data, attorney fees, litigation costs, fines, confiscations, or other damages or losses arising from the client's use of the website. The client agrees to defend, indemnify, and hold Sahabe, its subsidiaries, affiliates, and all their respective officers, members, agents, partners, employees, and independent contractors harmless from any loss, damage, liability, claim, or demand, including reasonable attorney fees and expenses, made by a third party arising out of or related to:(1) the use of the website; (2) the violation of these terms of use;(3) any breach of the client's representations and warranties set forth herein; (4) the client's violation of any third party's rights, including, but not limited to, intellectual property rights. Notwithstanding the foregoing, Sahabe reserves the right, at the client's expense, to assume the exclusive defense and control of any matter for which the client is required to indemnify Sahabe under these terms. The client agrees to cooperate with such defense of these claims.
16. User Data
The client is solely responsible for all data transmitted to Sahabe or related to any activity undertaken by the client using the website. Sahabe is not responsible to the client for the loss or corruption of such data, and the client hereby waives any right of action against Sahabe for such loss or corruption.
17. Electronic Communications, Transactions, and Signatures
The client hereby consents to receive electronic communications from Sahabe 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 hereby agrees to the use of electronic signatures, contracts, orders, and other documents, as well as the electronic delivery of notices, policies, and documents related to transactions initiated or conducted by Sahabe or through the website. The client hereby waives any rights or requirements under any law, regulation, rule, ordinance, or other statute in any jurisdiction that requires an original signature or the delivery or retention of non-electronic records, or to payments or granting of credits by any means other than electronic.
18. Presentation of Design Work
Sahabe reserves the right to share design work on digital channels, including social media, the website, etc., unless otherwise agreed upon. The client reserves the right to establish a confidentiality agreement between them and Sahabe, which would override Sahabe's right to publicly share or discuss the client's work.
19. Miscellaneous
These terms of use and all policies posted on the website or related to the website constitute the entire agreement and understanding between the client and Sahabe. Sahabe's failure to assert any right or provision of these terms of use shall not constitute a waiver of such right or provision. If any provision or portion of these terms of use is deemed unlawful, void, or unenforceable, that provision shall be severed from these terms of use and shall not affect the validity or enforceability of the remaining provisions herein. No provision of these terms of use, privacy policy, or the website shall be construed as creating a joint venture, partnership, employment, or agency relationship between the client and Sahabe.
20. Contact Information
For any questions or complaints regarding the website, please contact Sahabe at the following address: sahabe.contacts@gmail.com