Terms & Conditions

Last updated: 8/1/2023

This Terms of Use Agreement (the "Terms") is a legally binding contract between Anonymous Creative, Inc., incorporated under the laws of Florida ("Anonymous Creative"), and you, either as an individual or on behalf of an entity ("Client"). It governs your access and use of Anonymous Creative's website at https://www.AnonymousCreative.com/ ("Website") and any related platforms, channels, mobile sites, or applications. If you do not accept and abide by these Terms in full, you are explicitly forbidden from using the Website, and you should cease its use immediately. If you choose to discontinue, any relationship between the Client and Anonymous Creative will terminate, barring any ongoing obligations the Client has to pay Anonymous Creative for services already provided.

1. Intellectual Property Rights

The Website, unless stated otherwise, is the sole property of Anonymous Creative. This includes all its source code, databases, features, software, website designs, audio, video, text, images, and graphics of any kind (referred to collectively or individually as the "Content"). Additionally, any trademarks, service marks, and logos present on the site (referred to as the "Marks") are owned and overseen by Anonymous Creative. All of these elements are safeguarded by U.S. copyright and trademark laws, as well as any relevant intellectual property laws or regulations in other countries and international conventions. The Content and Marks are offered to you "As-Is" strictly for your personal information and use. Unless explicitly mentioned here, it is forbidden to copy, reproduce, compile, republish, upload, post, display, encode, translate, broadcast, share, sell, license, or in any way commercially use any part of the Website or its Content without the direct written consent of Anonymous Creative. All rights pertaining to the Website, Content, and Marks are retained by Anonymous Creative.

2. Ownership of Materials

Despite Anonymous Creative's claim over Submissions, as outlined in Paragraph 6 ("Client Feedback"), all design and original source files produced on behalf of the Client ("Projects") are the property of the Client. The Client is the exclusive copyright holder for all such Projects. If, due to any legal reasons, Anonymous Creative becomes the owner or co-owner of a Project, it unconditionally and forever transfers its entire stake in that Project to the Client.

The Client assures that any materials shared with Anonymous Creative for reference or to be integrated into a project are their property and don't violate or encroach upon the rights of any third party. This includes but isn't limited to all intellectual property rights and any rights of publicity. However, Anonymous Creative retains the privilege to showcase the Client's design work on public platforms (like social media, their website, etc.) unless explicitly stated otherwise, as described in section 18 of this agreement.

3. Third-Party Fonts

If any Project uses fonts that aren't owned by Anonymous Creative and necessitate a commercial license for the Client to lawfully reproduce, distribute, or display the Project publicly (referred to as "Third-Party Font(s)"), Anonymous Creative will notify the Client in writing. This notice will indicate that the Project contains one or more Third-Party Fonts and that the Client must acquire the necessary licenses from the respective rights-holder(s) to legally utilize the Project. The notification will also provide details to help the Client identify the required licenses and direct them to the appropriate contacts for purchase.

As long as Anonymous Creative has duly informed the Client about the inclusion of Third-Party Fonts as mentioned, the Client will bear all responsibility for any outcomes resulting from their failure to acquire the needed licenses for these fonts in the Project.

4. User Representations

By accessing the Website, the Client confirms that:

  1. They possess the legal authority and consent to these Terms of Use:
  2. They are not considered a minor in their place of residence;
  3. They won't access the Website using automated or non-human methods;
  4. They won't engage in illegal or unauthorized activities using the Website; and
  5. Their interactions with the Website will adhere to all relevant laws and regulations.
5. Prohibited Activities

The Client is expected to use the Website solely for its intended purposes. Any commercial activity on the Website should be directly associated with the services provided by Anonymous Creative to the Client. Additionally, the Client agrees not to:

  1. Use the Website without proper authorization;
  2. Extract data or content to build or assemble a database or directory;
  3. Bypass or tamper with the Website's security measures;
  4. Engage in unauthorized framing or linking to the Website;
  5. Deceive or mislead either Anonymous Creative or other users;
  6. Overburden the Website or interfere with Anonymous Creative's networks or servers;
  7. Use the Website to compete against Anonymous Creative;
  8. Attempt to decipher, decompile, or reverse engineer any part of the Website's software;
  9. Evade measures set on the Website to control or limit access;
  10. Harass, threaten, or intimidate any of Anonymous Creative’s staff, contractors, or agents;
  11. Remove copyright or proprietary rights notices from the Content;
  12. Replicate or modify the Website's software;
  13. Transmit malicious software or anything that might disrupt or harm the Website's functionality;
  14. Send any content that collects or transmits information, either passively or actively;
  15. Harm Anonymous Creative's reputation in any manner;
  16. Engage with the Website in ways that violate any relevant laws or regulations.
6. Client Feedback

The Client recognizes and agrees that any questions, remarks, suggestions, or other forms of feedback (collectively referred to as "Submissions") become the exclusive property of Anonymous Creative upon submission. Anonymous Creative is not obligated to treat any Submission as confidential. All rights associated with the Submission belong to Anonymous Creative, unless otherwise specified in Paragraph 2 ("Ownership of Materials"). Anonymous Creative can freely use and share a Submission for any lawful intent without the need to seek permission, give credit to, or compensate the Client. The Client affirms their right to make such Submissions and relinquishes any claims against Anonymous Creative for its use of the Submission, both in terms of this agreement and any future use at its sole discretion.

7. Management and Oversight

Anonymous Creative retains the authority to oversee the Website for breaches of these Terms of Use and to pursue suitable legal measures against any such violations or against any breach of relevant laws, statutes, or regulations. Furthermore, Anonymous Creative may limit or prohibit access to the Website or deactivate the Client's ability to use the Website at its sole discretion, without any obligation to notify or be liable to the Client. All decisions related to the Website's administration lie entirely with Anonymous Creative, aiming to safeguard its rights and assets.

8. Privacy Policy

By accessing the Website, the Client commits to adhering to the Privacy Policy and its detailed terms, which are incorporated into this agreement. The Website's hosting location is in the United States of America. When accessing the Website from the EU, Asia, or any other global region, you may encounter differing legal standards concerning personal data collection, usage, or sharing compared to the U.S. Continuing to use the Website and transmitting data to the U.S. signifies the Client's explicit approval of data processing within the U.S.

Anonymous Creative does not intentionally collect or solicit information from individuals under 18 years of age. In line with the U.S. Children’s Online Privacy Protection Act, if Anonymous Creative learns that a person under 13 has provided personal information without parental consent, the information will be deleted promptly.

9. Returns and Refunds

Anonymous Creative retains the discretion to refuse refund requests without any obligation to notify or be liable to the Client. Each refund request is evaluated individually. If the Client seeks a refund within the first month of use, all materials created by Anonymous Creative remain its property, and the Client is expressly forbidden from utilizing them in any capacity.

Should a refund be granted, a 25% fee will be deducted from the remaining billing cycle.

Anonymous Creative retains the right to pursue legal measures against the Client for any violations of this section.

10. Modification

Anonymous Creative holds the discretion to adjust, modify, amend, or delete any content or element of the Website for any reason. Furthermore, Anonymous Creative may alter or cease any portion of the Website without prior notice or obligation to the Client.

11. Connection Interruptions

Anonymous Creative cannot guarantee uninterrupted access to the Website at all times. Factors such as hardware or software problems may lead to delays or interruptions that are beyond Anonymous Creative's control. The Client acknowledges and agrees that Anonymous Creative will not be held accountable for any damages, losses, or inconveniences resulting from the Client's inability to access or use the Website during any service disruptions

12. Governing Law

The Terms of Use will be interpreted and guided by the laws of the State of Florida, disregarding any principles of conflicts of law.

13. Litigation

The Terms of Use will be interpreted and guided by the laws of the State of Florida, disregarding any principles of conflicts of law.All legal proceedings, regardless of their nature, shall be initiated in the state courts of Lake County, Florida or in the United States District Court for the District of Florida. Both parties agree to the personal jurisdiction of these courts and forego any arguments against personal jurisdiction or claims of an inconvenient forum concerning venue and jurisdiction. Neither the United Nations Convention on Contracts for the International Sale of Goods nor the Uniform Computer Information Transaction Act apply to these Terms of Use.

14. Disclaimer

The Website is offered "as-is" and "as-available." The Client acknowledges that the use of the Website and its Services is solely at their own risk. Anonymous Creative renounces all warranties, whether stated or implied, related to the Website and its use, including but not limited to the implied warranties of merchantability, aptness for a specific use, and non-infringement. Anonymous Creative does not vouch for the accuracy or completeness of its Website content, or of any external websites linked to it. The company is not responsible for any inaccuracies in content, damage to property or personal injury, unauthorized access to its secure servers, personal or financial data breaches, interruptions in data transmission, or the introduction of harmful elements like viruses by third parties. Furthermore, Anonymous Creative is not liable for any losses stemming from the use of content available on the Website. The company neither endorses nor is responsible for any third-party products or services promoted on or through the Website or any linked sites.

15. Limitations of Liability and Indemnification

Anonymous Creative, along with its directors, staff, associates, and contractors, is not responsible for any direct, indirect, incidental, special, consequential, or punitive damages that may arise from the Client's use of the Website. This includes but isn't limited to loss of profits, data, or other intangible losses, as well as legal fees and related costs.

The Client commits to shielding and safeguarding Anonymous Creative, its subsidiaries, affiliates, officers, agents, and other partners from any claims, damages, or demands, including reasonable legal fees. This protection pertains to claims stemming from the Client's use of the Website, any violation of these Terms of Use, any misrepresentation made by the Client, or any infringement of third-party rights, including intellectual property rights. If such a situation arises, Anonymous Creative retains the right, at the Client's expense, to take on the exclusive defense and control of any matter. The Client agrees to assist and cooperate in any defense initiated by Anonymous Creative.

16. User Data

The Client bears exclusive responsibility for all data shared or associated with their activities on the Website. Anonymous Creative is not liable for any data loss or corruption, and the Client relinquishes any claims against Anonymous Creative regarding such issues.

17. Electronic communications, transactions and signatures

The Client agrees to receive electronic communications from Anonymous Creative. The Client acknowledges that any agreements, notices, disclosures, and other communications sent via email or the Website meet any legal written requirements. Furthermore, the Client consents to the use of electronic signatures, contracts, and records, as well as the electronic delivery of notices and transaction records initiated or finalized by Anonymous Creative or via the Website. The Client waives any legal stipulations requiring non-electronic records, original signatures, or non-electronic payment methods.

18. Showcasing Design Work

Anonymous Creative retains the right to showcase design work on digital platforms, including social media and websites, unless an alternative agreement is in place. The Client has the option to enforce a Non-Disclosure Agreement (NDA) with Anonymous Creative, which, if executed, would restrict Anonymous Creative from publicly sharing or discussing the Client's projects.

19. Miscellaneous

The entirety of the understanding and agreement between the Client and Anonymous Creative is represented by these Terms of Use and any policies displayed on the Website concerning its use. Anonymous Creative's decision not to assert any provision or right from these Terms does not imply a waiver of that right or provision. Should any part or provision of these Terms be deemed illegal, void, or unenforceable, that specific provision will be detached from the Terms, but this won't impact the enforceability or validity of the remaining provisions. Nothing within these Terms of Use, the Privacy Policy, or the Website implies the establishment of a partnership, joint venture, employment, or agency relationship between the Client and Anonymous Creative.

20. Contact Information

If you have questions or concerns about the website, reach out to Anonymous Creative at hello@anonymouscreative.com.