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Terms & Conditions

Last updated: 8/20/2024

THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between Quincy Lou, a company organized under the laws of Serbia (“Quincy Lou”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of Quincy Lou’s website: https://quincylou.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 the Client and Quincy Lou shall cease and be of no further force and effect between the parties, except that any obligation of the Client to pay Quincy Lou for services rendered shall remain and continue to be an ongoing obligation owed by the Client to Quincy Lou.

1. Intellectual Property Rights

Unless otherwise indicated, the Website is the property of Quincy Lou, 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 therein (the “Marks”) are owned and controlled by Quincy Lou and are protected by copyright, trademark laws, and any other applicable intellectual property law or regulation of Serbia, 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 Quincy Lou’s express prior written permission. Quincy Lou reserves all rights in the Website, Content, and Marks.

2. Ownership of Materials

Notwithstanding Quincy Lou’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 the Client, and the Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause Quincy Lou to become the owner of a Project, in whole or in part, rather than the Client, Quincy Lou irrevocably and perpetually assigns its entire interest in the Project to the Client, without limitation. The Client warrants that any and all materials provided to Quincy Lou as examples or as material to be incorporated into a project during the design process are owned by the 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. Quincy Lou always reserves the right to share the Client’s design work publicly (social media, website, etc.) unless otherwise 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 Quincy Lou and require a commercial license in order for the Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), Quincy Lou will inform 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 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 the Client to identify which licenses are required and who to contact in order to purchase said licenses. So long as Quincy Lou has informed the Client of the incorporation of Third-Party Fonts as described above, the Client assumes all responsibility for any consequences as a result of a failure by the Client to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.

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 the jurisdiction of their domicile;
  • 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 law or regulation.

 

5. 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 endeavors except those related to the work performed by Quincy Lou on behalf of the Client. Further, the Client agrees to refrain from the following:

  • Make any unauthorized use of the Website;
  • Retrieve data or content for the purposes of 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 Quincy Lou or other users;
  • Interfere with, disrupt, or create an undue burden on the Website or Quincy Lou’s networks or servers;
  • Use the Website in an effort to compete with Quincy Lou;
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a 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 Quincy Lou’s employees, independent contractors, or agents providing services through the Website;
  • 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 including anything that interferes with any party’s use of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations, or maintenance of the Website;
  • Upload or transmit, or attempt to do so, any material that acts as a passive or active information collection or transmission mechanism;
  • Disparage, tarnish, or otherwise harm Quincy Lou;
  • Use the Website in a manner inconsistent with any applicable laws, statutes, or regulations.

 

6. Client Feedback

The Client acknowledges and agrees that any questions, comments, suggestions, or other feedback or submission (each a “Submission”) shall be the sole property of Quincy Lou, and Quincy Lou is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. Quincy Lou 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 Paragraph 2 (“Ownership of Materials”), and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment, or compensation of or to the Client. The Client agrees that it has the right to articulate and put forth the Submission and hereby waives all claims and recourse against Quincy Lou for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.

7. Management and Oversight

Quincy Lou reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute, or regulation. Quincy Lou further reserves the right to restrict or deny access to the Website or disable the Client’s use of the Website. Such decision shall be in the sole discretion of Quincy Lou, without notice or liability to the Client. All decisions regarding the management of the Website shall be at the sole discretion of Quincy Lou and shall be designed to protect Quincy Lou’s rights and property.

8. Privacy Policy

By using the Website, the Client agrees to be bound by and abide by the Privacy Policy and the terms more particularly set forth therein and adopted and incorporated herein. The Website is hosted in the European Union. Access to the Website from other regions of the world may result in the applicability of laws, statutes, or regulations differing from those of the European Union, which govern personal data collection, use, or disclosure. The Client’s continued use of the Website and transfer of data outside the European Union constitutes express consent of the Client to the transfer and processing of data in accordance with applicable European Union laws, including the General Data Protection Regulation (GDPR). Quincy Lou does not knowingly accept or solicit information from individuals under the age of 18. In accordance with the GDPR, upon receiving actual knowledge that an individual under the age of 16 has provided personally identifiable information to Quincy Lou without parental consent, Quincy Lou shall delete that information as soon as reasonably practical.

9. Returns and Refunds

Quincy Lou reserves the right to deny refunds based on its own discretion and without notice or liability to the Client. Refund requests are assessed on a case-by-case basis. Should the Client request a refund during the first month of use, all materials produced by Quincy Lou are the ownership of the company and are prohibited from being used by the Client in any way.

If a refund is deemed appropriate, a 25% fee will be assigned to the remaining billable period.

Quincy Lou reserves the right to take appropriate legal actions against the Client for breach of this paragraph.

10. Modification

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

11. Connection Interruptions

Quincy Lou does not guarantee or warrant that the Website will be available and accessible at all times. Issues with hardware, software, or other items may result in interruption, delays, or errors beyond Quincy Lou’s control. The Client agrees that Quincy Lou shall not be liable to the Client 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.

12. Governing Law

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

13. Litigation

Any legal action of whatever nature shall be brought in the courts of Serbia. The parties hereto consent to the exclusive jurisdiction and venue of such courts and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to 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 excluded from these Terms of Use.

14. Disclaimer

The Website is provided on an as-is, as-available basis. The Client agrees that its use of the Website and Services is at the Client’s sole risk. Quincy Lou disclaims all warranties, express or implied, in connection with the Website and the Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Quincy Lou makes no warranties or representations about the accuracy or completeness of the Website or any content thereon or content of any websites linked to the Website and Quincy Lou assumes no liability for any errors, mistakes, or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, any unauthorized access to or use of Quincy Lou’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 or 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. Quincy Lou 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.

15. Limitations of Liability and Indemnification

Quincy Lou 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 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. The Client agrees to defend, indemnify and hold harmless, Quincy Lou 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: (1) use of the Website; (2) breach of these Terms of Use; (3) any breach of the Client’s representations and warranties set forth herein; (4) the Client’s violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, Quincy Lou 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 Quincy Lou hereunder. The Client agrees to cooperate with the defense of such claims.

16. User Data

The Client is solely responsible for all data transmitted to or that relates to any activity the Client has undertaken using the Website. Quincy Lou shall have no liability to the Client for any loss or corruption of any such data and the Client hereby waives any right of action against Quincy Lou from any such loss or corruption.

17. Electronic Communications, Transactions, and Signatures

The Client hereby consents to receive electronic communications from Quincy Lou, and the Client 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 records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by Quincy Lou or through the Website. The Client hereby waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.

18. Showcasing Design Work

Quincy Lou reserves the right to share design work on digital channels including social media, website, etc., unless otherwise agreed upon. The Client reserves the right to issue an NDA between themselves and Quincy Lou, which in turn would void the right of Quincy Lou to share or discuss the Client’s work publicly.

19. Miscellaneous

These Terms of Use and any policies posted on the Website or regarding the Website constitute the entire agreement and understanding between the Client and Quincy Lou. Failure of Quincy Lou 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 Quincy Lou.

20. Contact Information

For any questions or complaints regarding the Website, please contact Quincy Lou at: hello@localhost.