Last updated: 28/08/2022
THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between FLAIR CO PTY LTD (ABN 27 664 671 345), a limited liability company organizsd under the laws of the state of New South Wales (“Flair Co”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of Flair’s website: https://www.designflair.co/ (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 Flair Co shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Flair Co for services rendered shall remain and continue to be an ongoing obligation owed by Client to Flair Co.
1. Intellectual Property Rights
Unless otherwise indicated, the Website is the property of Flair Co 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 Flair Co and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of Australia, 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 Flair Co’s express prior written permission. Flair Co reserves all rights in the Website, Content and Marks.
2. Ownership of Materials
Notwithstanding Flair Co 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 Flair Co to become the owner of a Project, in whole or in part, rather than Client, Flair Co irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation.
Client warrants that any and all materials provided to Flair Co 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. Flair Co always reserves the right to share the Client's design work publicy (social media, website, etc.) unless agreed upon as stated in section 21 of this document.
3. Third-Party Fonts
In the event that any Project incorporates fonts that are not owned by Flair Co and require a commercial license in order for Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), Flair Co 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 in order to purchase said licenses.
So long as Flair Co has informed Client of the incorporation of Third-Party Fonts as described above, Client assumes all responsibility for any consequences as a result of a failure by Client 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:
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 Flair Co on behalf of the Client. Further, Client agrees to refrain from the following: