Terms of Use Agreement
This Terms of Use Agreement ("Agreement") is a legally binding agreement between PROLIFIC THEORY and you (the "Client"). By using the PROLIFIC THEORY website https://prolifictheory.com (the "Website"), you agree to follow the rules listed here. If you don’t agree, you should stop using the Website immediately. Even if you stop using it, you still need to pay for any services PROLIFIC THEORY provided to you.
1. Intellectual Property Rights
PROLIFIC THEORY owns all rights to the content on its website, including code, designs, text, and trademarks (collectively, the “Content”). This Content is for your personal use only and cannot be copied, sold, or distributed without PROLIFIC THEORY's written permission. PROLIFIC THEORY reserves all rights not expressly granted.
2. Ownership of Materials
All designs created for you by PROLIFIC THEORY (referred to as “Projects”) belong to you, the Client. PROLIFIC THEORY agrees to transfer all rights to you upon payment. Any materials you provide to PROLIFIC THEORY must be owned by you or used with proper permission, and you must ensure they don’t violate any third-party rights. PROLIFIC THEORY reserves the right to showcase your design work publicly (on social media, website, etc.), unless you request otherwise in writing or have a Non-Disclosure Agreement (NDA) in place.
3. Third-Party Fonts
If a project uses fonts that require a license, PROLIFIC THEORY will notify you. You are responsible for purchasing any necessary licenses to legally use these fonts. Once PROLIFIC THEORY has notified you, it’s your responsibility to comply with font licensing requirements.
4. Client Promises
By using the website, you agree that you have the legal ability to enter into this agreement, you are not a minor in your jurisdiction, you will not use the website for any illegal purposes, and you will not interfere with the website’s functionality or security.
5. Prohibited Activities
You agree not to use the website for any purpose other than for PROLIFIC THEORY's services, to access, copy, or distribute content from the website without permission, to hack or interfere with the website, to use the website to compete with PROLIFIC THEORY or harm its reputation, to reverse-engineer any software on the website, or to upload harmful software such as viruses.
6. Client Feedback
If you provide feedback, suggestions, or comments (referred to as “Submissions”), they become the property of PROLIFIC THEORY. PROLIFIC THEORY has the right to use these Submissions without compensating you, but you still retain rights to the designs created for you (as mentioned in Section 2).
7. Monitoring and Enforcement
PROLIFIC THEORY may monitor the website to ensure compliance with these terms. If necessary, PROLIFIC THEORY can restrict or deny access to the website if there are any violations or illegal activity. These actions can be taken without notice.
8. Privacy Policy
By using PROLIFIC THEORY's website, you agree to the Privacy Policy, which governs how your data is collected and used. If you are accessing the website from outside the U.S., your information will be processed in the U.S., and you consent to that. PROLIFIC THEORY does not knowingly collect data from individuals under the age of 18.
9. Refunds
Refunds are evaluated on a case-by-case basis and may be denied at PROLIFIC THEORY's discretion. If you request a refund within the first month of service, you will not have the right to use any designs created by PROLIFIC THEORY. If a refund is granted, there will be a 25% fee on the remaining billable period. PROLIFIC THEORY reserves the right to pursue legal action if this condition is violated.
10. Changes to the Website
PROLIFIC THEORY reserves the right to modify or remove any content on the website at any time without notice. PARTNA may also shut down the website or discontinue services without warning.
11. Website Availability
PROLIFIC THEORY does not guarantee that the website will be available 24/7. There may be interruptions beyond our control, such as technical issues or maintenance. PROLIFIC THEORY is not responsible for any losses caused by such interruptions.
12. Governing Law
This Agreement is governed by the laws of the state of (…), without regard to conflict of law principles.
13. Dispute Resolution
If there is a legal dispute, it must be resolved in the courts located in Washington County, Maryland, or the United States District Court for the District of Maryland. Both parties consent to these courts having jurisdiction.
14. No Guarantees
The website and services are provided "as is" without any warranties. PROLIFIC THEORY does not guarantee that the website will be free from errors, bugs, viruses, or interruptions. You use the website at your own risk.
15. Limitation of Liability
PROLIFIC THEORY and its team are not liable for any indirect, incidental, or consequential damages, including loss of profits or data, arising from your use of the website or services. You agree to defend and hold PROLIFIC THEORY harmless from any claims or damages arising out of your use of the website.
16. User Data
You are responsible for the data you submit and for any actions you take on the website. PROLIFIC THEORY is not liable for any data loss or corruption.
17. Electronic Signatures
By using the website, you agree that electronic signatures, contracts, and communications are legally valid and enforceable, just like paper documents.
18. Showcasing Design Work
PROLIFIC THEORY may share the design work it creates for you on digital platforms like social media unless otherwise agreed upon in writing, such as through a Non-Disclosure Agreement (NDA).
19. Referrals
Referral tracking and payments are managed by a third-party provider, Rewardful.com.
20. Entire Agreement
These terms, along with the Privacy Policy, constitute the entire agreement between you and PROLIFIC THEORY. If any part of these terms is found to be invalid, the remaining terms still apply. Failure by PROLIFIC THEORY to enforce any part of this agreement does not mean we are waiving our rights.
21. Contact Information
If you have any questions or concerns, you can contact PROLIFIC THEORY at prolifictheory@gmail.com.