This TERMS OF USE AGREEMENT ("Agreement") constitutes a legally binding agreement between ANIMA DESIGN ("Provider"), an individual with an address at Mineral del Chico, Pachuca, Hidalgo, and the client, either personally or on behalf of an entity ("Client"), regarding the access and use of Anima Design's website: www.animadesign.mx (the "Website") and any other media, forms, channels, mobile websites, or mobile applications related to, linked to, or otherwise connected with it. Failure to agree to and adhere to all terms, conditions, and obligations contained herein results in the express prohibition of the Client's use of the Website, and the Client is instructed to cease using it immediately. Thereafter, the relationship between the Client and Anima Design will cease and will no longer have force and effect between the parties, except that any obligation of the Client to pay Anima Design for services rendered will remain a continuing obligation of the Client to Anima Design.
1. Intellectual Property Rights
Unless otherwise stated, the Website is owned by Anima Design, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics of any nature and format (collectively or individually, the "Content") are the property of Anima Design. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, added, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without the prior express written permission of Anima Design. Anima Design reserves all rights to the Website, Content, and Trademarks.
2. Ownership of Materials
Notwithstanding Anima Design's ownership of requests, all designs and original source files created on behalf of the Client ("Projects") belong to the Client, and the Client will be the sole owner of the copyrights to all Projects. In the event that any operation of law causes Anima Design to become the owner of a Project, in whole or in part, instead of the Client, Anima Design irrevocably and perpetually assigns all its interest in the Project to the Client, without limitation. The Client warrants that all materials provided to Anima Design as samples or as material to be incorporated into a project during the design process are owned by the Client and do not infringe or misappropriate any third-party rights, including but not limited to all intellectual property rights and any publicity rights. Anima Design always reserves the right to share the Client's design work publicly (social media, website, etc.) unless otherwise agreed.
3. Third-Party Fonts
In the event that any Project incorporates fonts not owned by Anima Design and requires a commercial license for the Client to legally reproduce, distribute, or publicly display the Project ("Third-Party Fonts"), Anima Design will notify the Client in writing that one or more Third-Party Fonts have been incorporated into the Project and that the Client must purchase one or more licenses for the Third-Party Fonts from the rights holders of such Third-Party Fonts to legally reproduce, distribute, or publicly display the Project. Such notice will include sufficient information for the Client to identify which licenses are needed and whom to contact to purchase such licenses. Provided Anima Design has notified the Client about the incorporation of Third-Party Fonts as described above, the Client assumes all responsibility for any consequences resulting from the Client’s failure to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.
4. Third-Party Visual Resources
In the event that any Project incorporates visual resources not owned by Anima Design and requires a commercial license for the Client to legally reproduce, distribute, or publicly display the Project ("Third-Party Visual Resources"), Anima Design will notify the Client in writing that one or more Third-Party Visual Resources have been incorporated into the Project and that the Client must purchase one or more licenses for the Third-Party Visual Resources from the rights holders of such Third-Party Visual Resources to legally reproduce, distribute, or publicly display the Project. Such notice will include sufficient information for the Client to identify which licenses are needed and whom to contact to purchase such licenses. Provided Anima Design has notified the Client about the incorporation of Third-Party Visual Resources as described above, the Client assumes all responsibility for any consequences resulting from the Client’s failure to purchase one or more licenses for any Third-Party Visual Resources incorporated into a Project.
5. User Representations
By using the Website, the Client represents and warrants that:
6. Prohibited Activities
The 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 endeavor except those related to the work performed by Anima Design on behalf of the Client. Additionally, the Client agrees not to: