THIS USER AGREEMENT (the “Agreement”) forms a legally enforceable contract between Ruslan Kulikov, freelance web-designer (“Fancy.design”) and the user, whether as an individual or representing an entity (“User”), with respect to the access and use of Fancy.design’s subscription service: https://fancy.design/ (the “Subscription”) and any related media form, channel, mobile website or mobile application. Failing to agree and abide by all terms, conditions, and obligations stated herein results in an explicit ban on the User’s use of the Subscription, and the User must immediately cease its use. Subsequently, the relationship between the User and Fancy.design is terminated and holds no further relevance between the parties, except for any pending payment obligations from the User to Fancy.design for services provided.
1. Rights to Intellectual Property
Unless otherwise specified, the Subscription is the property of Fancy.design, and all source code, databases, functionalities, software, website designs, audio, video, text, photographs, graphics of all forms (collectively or individually, the “Content”), and the trademarks, service marks, and logos contained therein (the “Marks”), are owned and regulated by Fancy.design. They are safeguarded by copyright and trademark laws and other relevant intellectual property laws or regulations of the United States, foreign jurisdictions, and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as specifically provided herein, no part of the Subscription and no Content may be copied, reproduced, compiled, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose, without Fancy.design’s explicit prior written permission. All rights in the Website, Content, and Marks are reserved by Fancy.design.
2. Material Ownership
Despite Fancy.design’s ownership of Submissions, as outlined in Paragraph 4 (“User Feedback”), all designs and original source files created on behalf of the User (“Projects”) belong to the User, and the User alone owns the copyright for all Projects. If any legal operation results in Fancy.design, partially or wholly, becoming the owner of a Project rather than the User, Fancy.design irrevocably and perpetually transfers its entire interest in the Project to the User, without restriction. The User guarantees that all materials supplied to Fancy.design as examples or materials to be integrated into a project during the design process are owned by the User and do not infringe or misappropriate any third party’s rights, including, but not limited to, all intellectual property rights and any publicity rights. Fancy.design reserves the right to publicly share the User's design work (social media, website, etc.) unless otherwise agreed as stated in section 15 of this document.
3. Third-Party Fonts
In cases where any Project includes fonts not owned by Fancy.design and require a commercial license for the User to lawfully reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), Fancy.design will notify the User in writing that one or more Third-Party Fonts have been used in the Project, and that the User will need to purchase one or more licenses for the Third-Party Fonts from the respective rights-holder(s) to lawfully reproduce, distribute, or publicly display the Project. The notice will include sufficient information for the User to identify which licenses are required and whom to contact to purchase said licenses. As long as Fancy.design has informed the User about the inclusion of Third-Party Fonts as described above, the User assumes all responsibility for any consequences resulting from the User’s failure to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.
4. User Declarations
By accessing the Subscription, the User confirms and guarantees that: the User has the legal capability and agrees to adhere to these Terms of Use; the User is not a minor in the jurisdiction of their residence; the User will not access the Subscription via automated or non-human means; the User will not use the Subscription for any illegal or unauthorized purpose; the User’s use of the Subscription will not breach any applicable law or regulation.
5. Forbidden Activities
The User shall only use the Subscription for purposes that the Subscription intends to offer. The Subscription may not be used in conjunction with any commercial activities except those that are related to the work performed by Fancy.design on behalf of the User. Additionally, the User agrees not to partake in the following activities: unauthorized usage of the Subscription; extraction of data or content for creating or compiling a database or directory; evasion, disabling, or interference with security-related features of the Subscription; unauthorized framing or linking to the Subscription; deceit, fraud, or misleading of Fancy.design or other users; disruption or imposition of an undue burden on the Subscription or Fancy.design’s networks or servers; usage of the Subscription in an attempt to compete with Fancy.design; deciphering, decompiling, disassembling, or reverse engineering any of the software that comprises or in any way forms a part of the Subscription; bypassing any measures on the Subscription designed to prevent or limit access to the Subscription or any part thereof; harassment, annoyance, intimidation or threatening of any of Fancy.design’s employees, independent contractors or agents providing services through the Subscription; removal of the copyright or other rights notice from any Content; copying or adapting the Subscription’s software; uploading or transmitting, or attempting to do so, viruses, Trojan horses, or other materials including anything that disrupts any party’s usage of the Subscription or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations or maintenance of the Subscription; uploading or transmitting, or attempting to do so, any materials that act as a passive or active information collection or transmission mechanism; disparaging, tarnishing or otherwise harming Fancy.design; using the Subscription in a manner that is inconsistent with any applicable laws, statutes or regulations.
6. User Feedback
The User recognizes and agrees that any questions, comments, suggestions or other feedback or submission (each a “Submission”) is the exclusive property of Fancy.design and Fancy.design is not obligated to maintain the confidentiality of a Submission or to ensure its confidentiality. Fancy.design is the sole and exclusive owner of all rights related to the Submission except for the rights granted to the User under Paragraph 2 (“Ownership of Materials”), and can use and disseminate a Submission for any lawful purpose without the need for permission, acknowledgment, or compensation to or from the User. The User agrees that it has the right to express and put forth the Submission and hereby waives all claims and recourse against Fancy.design for its use of the Submission in accordance with the terms hereof and at its sole discretion hereafter.