Terms of Use Agreement

Introduction

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This website is operated by The Special Something. Throughout the site, the terms “we”, “us” and “our” refer to The Special Something. The Special Something offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

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By visiting our site and/ or purchasing a subscription or add-on from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before making a purchase. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

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Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

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This terms of use agreement (the “Agreement”) constitutes a legally binding agreement by and between The Special Something (under the name of M.B. Dodoma), a limited liability company organized under the laws of Lithuania and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of The Special Something’s research and designs (the “Design”) and all services provided therefrom. 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 The Special Something shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay The Special Something for services rendered shall remain and continue to be an ongoing obligation owed by Client to The Special Something.

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1. Intellectual Property Rights

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Unless otherwise indicated, the Design is the property of The Special Something and all source code, databases, functionality, software, Design 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 The Special Something and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation 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 expressly provided herein, no part of the Design 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 The Special Something’s express prior written permission. The Special Something reserves all rights in the Design, Content and Marks.

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2. Ownership of Materials

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Notwithstanding The Special Something’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 Client, and Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause The Special Something to become the owner of a Project, in whole or in part, rather than Client, The Special Something irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation.Client warrants that any and all materials provided to The Special Something 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. The Special Something always reserves the right to share the Client's design work publicy (social media, Design, etc.) unless agreed upon as stated in section 18 of this document.

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3. Third-Party Fonts

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In the event that any Project incorporates fonts that are not owned by The Special Something and require a commercial license in order for Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), The Special Something 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 The Special Something 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.

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4. User Representations

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By using the Design, Client represents and warrants that:Client has the legal capacity and agrees to comply with these Terms of Use;Client is not a minor in the jurisdiction of their domicile;Client will not access the Design through automated or non-human means;Client will not use the Design for any illegal or unauthorized purpose;Client’s use of the Design will not violate any applicable law or regulation.

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5. Prohibited Activities

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Client shall not access or use the Design for any purpose other than that for which the Design is made available to the Client. The Design may not be used in connection with any commercial endeavors except those related to the work performed by The Special Something on behalf of the Client. Further, Client agrees to refrain from the following:Make any unauthorized use of the Design;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 Design;Engage in unauthorized framing or linking of the Design;Trick, defraud or mislead The Special Something or other users;Interfere with, disrupt or create an undue burden on the Design or The Special Something’s networks or servers;Use the Design in an effort to compete with The Special Something;Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Design;Bypass any measures on the Design designed to prevent or restrict access to the Design or any portion thereof;Harass, annoy, intimidate or threaten any of The Special Something’s employees, independent contractors or agents providing services through the Design;Delete the copyright or other rights notice from any Content;Copy or adapt the Design’s softwareUpload or transmit, or attempt to do so, viruses, Trojan horses, or other material including anything that interferes with any party’s use of the Design or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations or maintenance of the Design;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 The Special Something;Use the Design in a manner inconsistent with any applicable laws, statutes or regulations.

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6. Client Feedback

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Client acknowledges and agrees that any questions, comments, suggestions or other feedback or submission (each a “Submission”) shall be the sole property of The Special Something and The Special Something is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. The Special Something shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to 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. Client agrees that it has the right to articulate and put forth the Submission and Client hereby waives all claims and recourse against The Special Something for its use of the Submission in accordance with the terms hereof and in its sole discretion hereafter.

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7. Management and Oversite

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The Special Something reserves the right to monitor the Design 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. The Special Something further reserves the right to restrict or deny access to the Design or disable the Client’s use of the Design. Such decision shall be in the sole discretion of The Special Something, without notice or liability to Client. All decisions regarding the management of the Design shall be at the sole discretion of The Special Something and shall be designed to protect The Special Something’s rights and property.

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8. Privacy Policy

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By using the Design, Client agrees to be bound and abide by the Privacy Policy and the terms more particularly set forth therein and adopted and incorporated herein. The Design is hosted in the United States of America. Access of the Design from the EU, Asia or other region of the world may result in the applicability of laws, statutes or regulations differing from those of the United States which govern personal data collection, use or disclosure. Client’s continued use of the Design and transfer of data to the United States constitutes express consent of Client to the transfer and processing of data in the United States. The Special Something does not knowingly accept or solicit information from individuals under the age of 18. In accordance with the United States’ Children’s Online Privacy Protection Act, upon the receipt of actual knowledge that an individual under the age of 13 has provided personally identifiable information to The Special Something without parental consent, The Special Something shall delete that information as soon as reasonably practical.

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9. Returns and Refunds

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The Special Something reserves the right to deny refunds based on its own self discretion and without notice or liability to Client. Refund requests are assessed on a case by case basis. Should Client request a refund during the first month of use, all materials produced by The Special Something are ownership of the company and are prohibited from being used by the Client in any way. The Special Something reserves the right to take appropriate legal actions against Client for breach of this paragraph.

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10. Modification

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

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11. Connection Interruptions

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The Special Something does not guaranty or warrant the Design will be available and accessible at all times. Issues with hardware, software or other items may result in interruption delays or errors beyond The Special Something’s control. Client agrees that The Special Something shall not be liable to Client for any loss, damage or inconvenience caused by Client’s inability to access or use the Design during any interruption in the connection or service.

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12. Governing Law

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

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13. Litigation

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Any legal action of whatever nature shall be brought in the state courts of Washington County, Maryland or in the United States District Court for the District of Maryland. The parties hereto consent to personal jurisdiction in said courts and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms of Use.

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14. Disclaimer

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The Design is provided on an as-is, as-available basis. Client agrees that its use of the Design and Services are at Client’s sole risk. The Special Something disclaims all warranties, express or implied, in connection with the Design and Client’s use thereof, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Special Something makes no warranties or representations about the accuracy or completeness of the Design or any content thereon or content of any Designs linked to the Design and The Special Something 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 The Special Something’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 Design 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 Design. The Special Something does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party either through the Design, a hyperlinked Design or any Design or mobile application featured in any advertising.

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15. Limitations of Liability and Indemnification

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The Special Something and its directors, employees, members, independent contractors or agents shall not be liable to 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 Client’s use of the Design.Client agrees to defend, indemnify and hold harmless, The Special Something 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 Design; (2) breach of these Terms of Use; (3) any breach of Client’s representations and warranties set forth herein; (4) Client’s violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, The Special Something reserves the right, at Client’s expense, to assume control and defense of any matter for which Client shall be required to indemnify The Special Something hereunder. Client agrees to cooperate with the defense of such claims.

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16. User Data

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

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17. Electronic communications, transactions and signatures

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Client hereby consents to receive electronic communications from The Special Something and Client agrees that all agreements, notices, disclosures and other communications sent via email or through the Design satisfy any legal requirement that such communication be in writing. 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 The Special Something or through the Design. 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.

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18. Showcasing Design Work

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

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19. Miscellaneous

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These Terms of Use and any policies posted on the Design or regarding the Design constitute the entire agreement and understanding between the Client and The Special Something. Failure of The Special Something 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 unenforceability of the remaining provisions herein. Nothing in these Terms of Use, the Privacy Policy or on the Design shall be construed to constitute the forming of a joint venture, partnership, employment or agency relationship between Client and The Special Something.

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20. Modifications to the Services or Prices

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Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

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21. Contact Information

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For any questions or complaints regarding the Design, please contact The Special Something at: studio@thespecialsomething.com.

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