Last updated: SEPTEMBER 2024

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This Terms of Use Agreement (the "Agreement") is a legally binding contract between 120 DESIGN STUDIO, LLC, a limited liability company organized under the laws of Florida ("120 Design Studio"), and the client ("Client"). This Agreement governs the Client's use of 120 Design Studio’s website (https://www.120designstudio.com/) and the services provided by 120 Design Studio. By accessing or using the Website, the Client agrees to be bound by these terms and conditions. If the Client does not agree to these terms, they must discontinue use immediately.

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1. Intellectual Property Rights
The Website, including all content, source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the "Content"), and the trademarks, service marks, and logos contained therein (the "Marks"), are owned or controlled by 120 Design Studio and are protected by copyright and trademark laws. The Content and Marks are provided on the Website "As-Is" for your information and personal use only. No part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without the express prior written permission of 120 Design Studio. All rights not expressly granted to the Client are reserved by 120 Design Studio.

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2. Ownership of Materials
All design files, original source files, and final deliverables created by 120 Design Studio ("Projects") are the property of the Client upon full payment of the final invoice. Until full payment is received, all rights to the Projects remain with 120 Design Studio. Should any law or operation of law cause 120 Design Studio to be the owner of a Project, in whole or in part, 120 Design Studio irrevocably assigns all such rights to the Client upon receipt of final payment. The Client warrants that any materials provided to 120 Design Studio for use in a Project do not infringe on any third-party rights, including intellectual property rights. 120 Design Studio reserves the right to showcase the completed Projects publicly, including on social media and its website, unless otherwise agreed in writing by the Client.

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3. Third-Party Fonts
If any Project incorporates third-party fonts that are not owned by 120 Design Studio and require a commercial license for legal reproduction, distribution, or public display, 120 Design Studio will notify the Client. The Client will be responsible for purchasing the necessary licenses for these fonts. 120 Design Studio will provide the Client with sufficient information to identify and purchase the required licenses. Once notified, the Client assumes all responsibility for acquiring the appropriate licenses and for any legal consequences arising from failure to do so.

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4. User Representations
By accessing the Website, the Client represents and warrants that:

• The Client has the legal capacity to enter into this Agreement and agrees to comply with its terms.

• The Client is not a minor in their jurisdiction.

• The Client will not access the Website through automated or non-human means, such as bots or scripts.

• 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 agrees not to engage in any activity that interferes with or disrupts the Website or its services. Prohibited activities include, but are not limited to:

• Unauthorized use of the Website.

• Circumventing, disabling, or otherwise interfering with security-related features on the Website.

• Engaging in any form of data mining, scraping, or unauthorized data extraction.

• Using the Website to compete with 120 Design Studio.

• Harassing, annoying, intimidating, or threatening any employees or agents of 120 Design Studio.

• Uploading or transmitting viruses, Trojan horses, or other harmful material.

• Attempting to gain unauthorized access to the Website or related systems.

• Using the Website in a manner inconsistent with any applicable laws or regulations.

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6. Client Feedback
Any feedback, suggestions, or submissions provided by the Client to 120 Design Studio ("Submissions") are deemed the property of 120 Design Studio. By providing a Submission, the Client grants 120 Design Studio an irrevocable, perpetual license to use, reproduce, modify, and distribute the Submission for any lawful purpose without compensation or acknowledgment to the Client. The Client agrees that they have the right to provide the Submission and waive all claims against 120 Design Studio related to its use of the Submission.

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7. Management and Oversight
120 Design Studio reserves the right to monitor the Website for compliance with these Terms of Use and to enforce these terms as necessary. 120 Design Studio may, at its sole discretion, restrict or terminate the Client's access to the Website without notice or liability if the Client is found to be in violation of these terms. All decisions regarding the management of the Website are at the sole discretion of 120 Design Studio and are intended to protect the rights and property of 120 Design Studio.

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8. Privacy Policy
By using the Website, the Client agrees to the terms outlined in 120 Design Studio’s Privacy Policy, which is incorporated herein by reference. The Website is hosted in the United States, and by using it, the Client consents to the transfer and processing of their data in the United States. 120 Design Studio does not knowingly collect information from individuals under the age of 18. If it is discovered that 120 Design Studio has inadvertently collected such information, it will be deleted promptly.

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9. Revisions Policy
Clients subscribing to 120 Design Studio's design membership plan are entitled to unlimited revisions on all Projects. However, for a la carte services, including Logo Design, Merch Design, and Landing Page Design, the Client is limited to three revision cycles per Project. Additional revisions beyond the third cycle may incur additional charges at the discretion of 120 Design Studio. The turnaround time for Logo and Merch Design is approximately 7-10 business days, while Landing Page Design typically takes 2-3 weeks.

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10. Refunds
Due to the customized nature of the services provided, 120 Design Studio does not offer refunds. The Client acknowledges that all sales are final and that they are entitled to the revisions specified under the Revisions Policy.

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11. Modification
120 Design Studio reserves the right to modify, amend, or discontinue any part of the Website or its services at any time without prior notice. Any changes to these Terms of Use will be posted on the Website, and continued use of the Website constitutes acceptance of those changes.

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12. Connection Interruptions
120 Design Studio does not guarantee that the Website will be available at all times. The Client acknowledges that interruptions may occur due to factors beyond 120 Design Studio’s control, including technical issues, maintenance, or other unforeseen circumstances. 120 Design Studio will not be liable for any loss or inconvenience caused by such interruptions.

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13. Copyright Transfer
Upon full payment of the final invoice, 120 Design Studio transfers all copyright ownership of the completed Projects to the Client. Until payment is received, all rights, including copyright, remain with 120 Design Studio.

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14. Governing Law
This Agreement and any disputes arising out of or related to it shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the state or federal courts located in Florida, and the parties irrevocably consent to the jurisdiction of such courts.

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15. Contact Information
For any questions or concerns regarding these Terms of Use or the Website, please contact us at info@120designstudio.com.