Terms and Conditions
THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between BTB Studio, a business organized under the laws of the United States (“BTB Studio”), and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of BTB Studio’s website: https://www.btb-studio.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 Client and BTB Studio shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay BTB Studio for services rendered shall remain and continue to be an ongoing obligation owed by Client to BTB Studio.
1. Intellectual Property Rights
Unless otherwise indicated, the Website is the property of BTB Studio 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 BTB Studio 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 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 BTB Studio’s express prior written permission. BTB Studio reserves all rights in the Website, Content, and Marks.
2. Ownership of Materials
Notwithstanding BTB Studio’s ownership of Submissions, as described in Paragraph 6 (“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 BTB Studio to become the owner of a Project, in whole or in part, rather than Client, BTB Studio irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation. Client warrants that any and all materials provided to BTB Studio 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. BTB Studio always reserves the right to share the Client's design work publicly (social media, website, etc.) unless 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 BTB Studio and require a commercial license in order for Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), BTB Studio 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 BTB Studio 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:
- 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 Website through automated or non-human means;
- Client will not use the Website for any illegal or unauthorized purpose; and
- Client’s use of the Website will not violate any applicable law or regulation.
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 BTB Studio on behalf of the Client. Further, 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 BTB Studio or other users;
- Interfere with, disrupt, or create an undue burden on the Website or BTB Studio’s networks or servers;
- Use the Website in an effort to compete with BTB Studio;
- 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 BTB Studio’s employees, independent contractors, or agents providing services through the Website;
- Delete the copyright or other rights notice from any Content;
- Upload or transmit, or attempt to do so, viruses, Trojan horses, or other material that interferes with any party’s use of the Website;
- Disparage, tarnish, or otherwise harm BTB Studio; or
- Use the Website in a manner inconsistent with any applicable laws, statutes, or regulations.
6. Client Feedback
Client acknowledges and agrees that any questions, comments, suggestions, or other feedback or submission (each a “Submission”) shall be the sole property of BTB Studio, and BTB Studio is under no obligation to keep a Submission confidential. BTB Studio 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.
7. Management and Oversight
BTB Studio 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. BTB Studio further reserves the right to restrict or deny access to the Website or disable the Client’s use of the Website. All decisions regarding the management of the Website shall be at the sole discretion of BTB Studio and shall be designed to protect BTB Studio’s rights and property.
8. Privacy Policy
By using the Website, Client agrees to be bound and abide by the Privacy Policy and the terms set forth therein. The Website is hosted in the United States. Access of the Website from other regions may result in the applicability of laws differing from those of the United States. Client’s continued use of the Website constitutes express consent to the transfer and processing of data in the United States.
9. Returns and Refunds
BTB Studio reserves the right to deny refunds based on its sole discretion. Refund requests are assessed on a case-by-case basis. If a refund is deemed appropriate, there will be a 25% fee assigned to the remaining billable period. Should Client request a refund during the first month of use, all materials produced by BTB Studio remain the property of BTB Studio and are prohibited from being used by the Client in any way.
10. Modification
BTB Studio reserves the right to change, alter, modify, amend, or remove anything on the Website for any reason at its sole discretion. BTB Studio also reserves the right to modify or discontinue all or part of the Website without notice or liability to Client.
11. Connection Interruptions
BTB Studio does not guarantee that the Website will be available and accessible at all times. Client agrees that BTB Studio shall not be liable for any loss or inconvenience caused by Client’s inability to access the Website during interruptions.
12. Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Georgia without regard to conflict of law principles.
13. Litigation
Any legal action shall be brought in the state courts of Fulton County, Georgia, or in the United States District Court for the Northern District of Georgia. The parties consent to personal jurisdiction in said courts and waive all defenses of lack of personal jurisdiction and forum non conveniens.
14. Disclaimer
The Website is provided on an as-is, as-available basis. BTB Studio disclaims all warranties, express or implied, in connection with the Website and Client’s use thereof.
15. Limitations of Liability and Indemnification
BTB Studio and its directors, employees, and agents shall not be liable to Client for any damages arising from Client’s use of the Website. Client agrees to indemnify and hold BTB Studio harmless from any loss or claim arising out of Client’s use of the Website.
16. User Data
Client is responsible for all data transmitted through the Website. BTB Studio shall have no liability for any loss or corruption of such data.
17. Electronic Communications and Signatures
Client consents to receive electronic communications from BTB Studio and agrees to the use of electronic signatures and records.
18. Showcasing Design Work
BTB Studio reserves the right to share design work on public channels unless otherwise agreed upon. Clients may issue an NDA to restrict this right.
19. Miscellaneous
These Terms of Use constitute the entire agreement between BTB Studio and the Client. If any provision is deemed unlawful or unenforceable, the remaining provisions shall remain valid.
20. Contact Information
For questions or complaints regarding the Website, please contact BTB Studio at: hello@btb-studio.com.