Sunan Design Terms of Service
Please read the following terms of service agreement carefully. By using or purchasing our services, you hereby agree to be bound by the terms and all terms incorporated herein by reference. It is the responsibility of you, the user or customer, to read the terms and conditions before proceeding to use or purchase our services. If you do not expressly agree to all of the terms of service, then please do not use or purchase our services. These terms of the service agreement are effective as of 02/17/2022.
THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE SUNAN DESIGNS SERVICES (“SERVICES”). BY USING THE SUNAN DESIGNS SERVICES YOU AGREE TO THESE TERMS, AS SUCH MAY BE AMENDED FROM TIME TO TIME AT SUNAN DESIGNS’S ABSOLUTE DISCRETION. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
1. Acceptance of Terms
- The following Terms of Service Agreement (the “TOS Agreement”) is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with Sunan Designs LLC (“us” or “we” or “Sunan Designs”), and its subsidiaries, affiliates, agents, employees, officers, partners, and/or in association with the use of the website, which includes sunandesigns.com (the “Site”) and its Services, which shall be defined below.
- Any and all visitors to the Site, whether or not subscribers or paying customers, shall be deemed as “Users” of the herein contained Services provided for the purpose of this TOS Agreement. Once an individual subscribes for any of our Services, through the process of completing sign up and making payment, the User shall then be considered a “Customer.”
- If you are entering into the TOS Agreement on behalf of a company, organization, or other legal entity (“Entity”), you agree to the TOS Agreement and represent to Sunan Designs LLC that you have the authority to bind such Entity and its affiliates. In such case, “you” or “Customer” shall refer to such Entity and its affiliates. If you do not have the authority to bind the Entity to the TOS Agreement, or not agree with the TOS Agreement, do not accept the TOS Agreement or use or access the Site and its Services.
- You represent and warrant that the information you provide in registering for the Services is accurate, complete, and rightfully yours to use.
2. Description of Website Services, Fees and Payment
- Sunan Designs LLC sells graphic design, digital marketing, and consulting services through its website and otherwise (the “Services”). The Site is used to market the Services to potential customers and allow them to see what Sunan Designs LLC offers and become a customer by signing up for a subscription.
- The User and/or Customer acknowledges and agrees that the Services provided and made available through the Site and applications, which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs, are the sole property of Sunan Designs LLC. At its discretion, Sunan Designs LLC may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this TOS Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Sunan Designs LLC does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the User and/or Customer, acknowledge, accept and agree that Sunan Designs LLC shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this TOS Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
- The User and/or Customer understands, acknowledges and agrees that the Services offered shall be provided “AS IS” and as such Sunan Designs LLC shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.
- All fees for Services are due and payable in full, in advance of the Services being rendered, unless otherwise agreed upon between the Customer and Sunan Designs LLC. A valid credit card for payment of fees shall remain securely on file to cover monthly recurring charges for Services. The credit card on file will automatically charged every month, unless Sunan Designs LLC is notified in writing regarding Termination of Services, in accordance with Section 9.1.
- Sunan Designs LLC will attempt to charge the Customer’s credit card every thirty (30) days, unless otherwise agreed. Charges not paid by the due date for any reason will result in a suspension of Services until full payment is received. Suspension of Services for non-payment will not result in a proration of fees.
- Except in the case of a material breach of this TOS Agreement by Sunan Designs LLC, Sunan Designs LLC does not issue refunds of any fees for any reason. Fees due to Sunan Designs LLC are not contingent upon any form of marketing results. Customers are paying for time and work performed. Sunan Designs LLC may offer credits at its own discretion for any true mistakes made by Sunan Designs LLC.
- Services begin on the date the User becomes a Customer, in accordance with Section 1.2 of the TOS Agreement.
3. Becoming a Customer
- To sign up to become a Customer of Sunan Designs LLC, you must be at least eighteen (18) years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving Services under the laws and statutes of the United States or other applicable jurisdiction.
- When you sign up to become a Customer, we may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry and personal interests. By signing up, you understand and agree to: (1) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and (2) maintain and promptly update your registration information in an effort to maintain accuracy and completeness at all times.
- If a Customer knowingly provides any information of a false, untrue, inaccurate, or incomplete nature, Sunan Designs LLC will have sufficient grounds and rights to suspend or terminate the Customer in violation of this aspect of the TOS, and as such, refuse any and all current or future use of Sunan Designs LLC’s Services, or any portion thereof.
- As a User or Customer of Sunan Designs LLC, you herein acknowledge, understand, and agree that all information, text, software, data, photographs, music, video, messages, tags, or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted, or otherwise made available by way of the Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of the Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by.
- You herein agree not to make use of Sunan Designs LLC’s Services for the purposes of:
- Uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;
- Causing harm to minors in any manner whatsoever;
- Impersonating any individual or entity, including, but not limited to, any officials, forum leaders, guides or hosts, or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
- Forging captions, headings or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;
- Uploading, posting, emailing, transmitting or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
- Uploading, posting, emailing, transmitting or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;
- Uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;
- Uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
- Disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real time interactions;
- Interfering with or disrupting any Services, servers and/or networks that may be connected or related to our website, including, but not limited to, the use of any device software and/or routine to bypass the robot exclusion headers;
- Intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S. Securities and Exchange Commission, in addition to any rules of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
- Providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance with Section 219 of the Immigration Nationality Act;
- “Stalking” or with the intent to otherwise harass another individual; and/or
- Collecting or storing of any personal data relating to any other member or user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
- Sunan Designs LLC herein reserves the right to pre-screen, refuse, and/or delete any content currently available through the Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS Agreement or which would otherwise be considered offensive to other Users and/or Customers.
- Sunan Designs LLC herein reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for (1) compliance with any legal process; (2) enforcement of the TOS Agreement; (3) responding to any claim that therein contained content is in violation of the rights of any third party; (4) responding to requests for customer service; or (5) protecting the rights, property or the personal safety of Sunan Designs LLC, its Users and/or Customers, including the general public.
- Sunan Designs LLC herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Sunan Designs LLC or any other content providers supplying content services to Sunan Designs LLC. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
5. Use of Content by Sunan Designs LLC
- Sunan Designs LLC shall not lay claim to ownership of any content submitted by any User and/or Customer, nor make such content available for inclusion on the Services. Therefore, you hereby grant and allow for Sunan Designs LLC the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
- The content submitted or made available for inclusion on the publicly accessible areas of Sunan Designs LLC, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said content on the Site is for the sole purpose of providing and promoting the specific area to which the content was placed and/or made available for viewing. The license shall be available for so long as you are a Customer of Sunan Designs LLC and shall terminate at such time when you elect to terminate your status as a Customer.
- Photos, audio, video, and/or graphics submitted or made available for inclusion on the publicly accessible areas of the Site, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform, and/or publicly display said content on the Site are for the sole purpose of providing and promoting the specific area in which the content was placed and/or made available for viewing. This license shall be available so long as you are a Customer of Sunan Designs LLC and shall terminate at such time you elect to terminate your status as a Customer.
- All Users and/or Customers herein agree to insure and hold Sunan Designs LLC, its subsidiaries, affiliates, agents, employees, officers, partners, and/or licensors blameless or not liable for any claim or demand, which may include but is not limited to reasonable attorneys fees made by any third party which may arise from any content a member or user of the Site may submit, post, modify, transmit, or otherwise make available through the Services, the use of the Services, the violation of the TOS Agreement, and/or the violation of any such rights of another person.
7. Commercial Reuse of Services
- The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell, nor exploit for any commercial reason, any part, use of, or access to Services, unless otherwise approved by Sunan Designs LLC.
8. Unlimited and Fair Use Policy
- The term “unlimited” is subject to a fair use clause. The definition of fair use is determined by Sunan Designs LLC’s management, at its sole and exclusive discretion. Customers deemed to be abusing the Services will be contacted by Sunan Designs LLC’s management. Sunan Designs LLC’s management retains the sole and absolute discretion to suspend service to you if deemed necessary.
9. Termination/Modification of Services
- As a Customer of Sunan Designs LLC, you may cancel or terminate Services by submitting a cancellation or termination notice to email@example.com. The cancellation or termination notice must be provided within thirty (30) days of the desired cancellation.
- The cancellation or termination notice for Sunan Designs LLC Pro Plan customers must be provided within thirty (30) days of the desired cancellation after the six (6) months contract has expired.
- Sunan Designs LLC shall reserve the right at any time it may deem fit to modify, alter, and/or terminate Services, or any part thereof, with or without prior notice. In addition, Sunan Designs LLC shall not be held liable to you or any third party for any such alteration, modification, suspension, and/or discontinuance of Services, or any part thereof.
- Either Sunan Designs LLC or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that Sunan Designs LLC is not responsible for the availability of any such external sites or resources, and as such, Sunan Designs LLC does not endorse nor is responsible or liable for any content, products, advertising, or any other materials, or available from such third-party sites or resources. Furthermore, you acknowledge and agree that Sunan Designs LLC shall not be responsible or liable, directly, or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods, or Services made available on or through any such site or resource.
11. Proprietary Rights
- You do hereby acknowledge and agree that Sunan Designs LLC’s Services and any essential software that may be used in connection with the Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through the Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Sunan Designs LLC or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Sunan Designs LLC’s Services (e.g. Content or Software), in whole or part.
12. Warranty Disclaimers
- The use of Sunan designs LLC’s services are at the sole risk by you. Sunan designs LLC’s services shall be provided on an “as is” and/or “as available” basis. Sunan designs LLC and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim any and all warranties of any kind whether expressed or implied, including, but not limited to any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
- Sunan designs LLC and its subsidiaries, officers, employees, agents, partners and licensors make no such warranties that (i) Sunan designs LLC’s services will meet your requirements; (ii) Sunan designs LLC’s services shall be uninterrupted, timely, secure or error-free; (iii) that such results which may be obtained from the use of the Sunan designs LLC’s services will be accurate or reliable; and (iv) quality of any products, services, any information or other material which may be purchased or obtained by you through our services will meet your expectations.
- Any information or material downloaded or otherwise obtained by way of Sunan designs LLC’s services shall be accessed by your sole discretion and sole risk, and as such you shall be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer and/or internet access, downloading and/or displaying, or for any loss of data that could result from the download of any such information or material.
- No advice and/or information, despite whether written or oral, that may be obtained by you from Sunan designs LLC or by way of or from the services shall create any warranty not expressly stated in the TOS.
13. Limitations of Liability
- You explicitly acknowledge, understand, and agree that Sunan Designs LLC and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages which may be related to the loss of any profits, goodwill, use, data and/or intangible losses, even though we may have been advised of such possibility that said damages may occur, and result from: (1) The use or inability to use the Services; (2) the cost of procuring substitute goods and services; (3) unauthorized access to or the alteration of your transmissions and/or data; (4) statements or conduct of any such third party on our service; (5) and any other matter which may be related to our service.
- In the event you have a dispute, you agree to release Sunan Designs LLC and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners, and any other third parties, from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed of undisclosed, arising out of or in any way connected to such dispute.
- Sunan Designs LLC may furnish you with notices, including those with regards to any changes to the TOS Agreement, including but not limited to email, regular mail, mms or sms, text messaging, postings through the Services, or other reasonable means currently known or any which may be hereinafter developed. Any such notices may not be received if you violate any aspects of the TOS Agreement by accessing the Services in an unauthorized manner. Your acceptance of the TOS Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Services in an authorized manner.
16. Choice of Law and Forum
- The relationship between the parties shall be governed by the laws of the state of Maryland without regard to its conflict of law provisions and that any and all claims, causes of action, and/or disputes, arising out of or relating to the TOS, or the relationship between you and Sunan Designs LLC, shall be filed within the courts having jurisdiction within the County of Baltimore, Maryland, or the U.S. District Court located in said state. You and Sunan Designs LLC agree to submit to the jurisdiction of the courts as previously mentioned and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
17. Waiver and Severability of Terms
- At any time, should Sunan Designs LLC fail to exercise or enforce any right or provision of the TOS Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS Agreement remain in full force and effect.
- Services are non-transferable and may not be assigned in any manner whatsoever without the express written consent of Sunan Designs LLC.
19. Ownership and Copyright
- All artwork that is created by Sunan Designs LLC for its Customers is owned and, subject to applicable law, can be used in any way or form the Customer chooses. The ownership is transferred from Sunan Designs LLC to the Customer when the Customer approves a design. Sunan Designs LLC, however, does retain the right to display artwork created by Sunan Designs LLC in its portfolio, marketing materials, and such related items. Sunan Designs LLC will not resell the artwork or duplicate the exact artwork created for a client.
20. Hiring of Representatives
- For so long as this Agreement remains in effect and for a period of one (1) year thereafter, neither Party will employ, hire, contract with, or otherwise engage, or seek to employ, hire, contract with, or otherwise engage, any individual who at any time in the preceding twelve (12) months was an employee of the other Party involved in the provisioning or receiving of Services under any Service Order. The Parties agree that any breach of this Section will result in irreparable injury to the other Party for which monetary damages alone would not be an adequate remedy. Therefore, the Parties agree that in the event of a breach or threatened breach of this Section by the other Party, the non-breaching Party will be entitled to specific performance and injunctive or other equitable relief as a remedy for any such breach or threatened breach without the necessity proving the inadequacy of money damages or of posting a bond or other security.
21. Entire Agreement
- With the exception of fees for services, which are assessed and agreed upon separately from the TOS Agreement, the TOS Agreement constitutes the entire agreement between you and Sunan Designs LLC and shall govern the use of the Services superseding any prior version of this TOS Agreement between you and Sunan Designs LLC with respect to the Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Sunan Designs LLC’s services, affiliate services, third-party content, or third-party software.