Effective date: 25/04/2022
THIS TERMS OF USE AGREEMENT (the "Agreement") constitutes a legally binding agreement by and between DESIGN INFINITY CO, a sole proprietorship company organized under the laws of the state of Ontario (”Design Infinity”) and the client, whether personally or on behalf of an entity ("Client with regard to access and use of Design Infinity's website: https://www.designinfinity.co/ (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 Design Infinity shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Design Infinity for services rendered shall remain and continue to be an ongoing obligation owed by Client to Design Infinity.
<aside> ➡️ For general policies applied to the pay-as-you-go photography plan, go here: General Policy
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<aside> 💡 Design Infinity holds the right to change these Terms of Use at any time. It is your responsibility to check this page and keep yourself updated with the latest edition of Design Infinity's terms of use.
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For the purposes of this Agreement, in addition to the capitalized terms defined elsewhere in this Agreement, the following terms shall have the meanings ascribed to them as follows:
“Affiliate” means any entity that directly or indirectly controls, is controlled by or is under common control with the subject entity. “Control”, for purposes of this Agreement, means direct or indirect ownership or control of more than fifty percent (50%) of the voting interests of the subject entity;
“Content” means the requested content made available by Design Infinity to the Customer through the Service. “Customer Data” means all electronic data or information submitted by Customer and/or its Users to the Service;
“Fee” means the fees (as specified in the applicable Subscription Plan) payable by the Customer to Design Infinity for the right to receive access to the Service;
“Malicious Code” means viruses, worms, time bombs, Trojan horses, and other harmful or malicious code, files, scripts, agents, or programs;
“Term” has the meaning ascribed to that term in Section 10.1, and “User” means an individual or entity who is authorized by Customer to use the Service, and who has been supplied a user account and password by Customer (or by Design Infinity at Customer’s request) for the Service.
Conditioned on the provisions in this Section 2 and the other terms and conditions of this Agreement including payment of the applicable fees, Design Infinity shall make the Service available to Customer for Customer’s internal business use during the Term. The customer’s right to use the Service during the Term shall be in accordance with any additional conditions, restrictions, or parameters specified in the applicable Subscription Plan(s).
User accounts are for use by designated Users and cannot be shared or used by more than one User but may be reassigned to new Users replacing former Users who no longer require ongoing use of the Service. The same applies to the use of the customer’s Trello board. This, however, does not apply to any team members the client approves.
All Content is provided on an “As-Is” basis and Design Infinity makes no representation or warranty regarding the Content, whether in regards to its accuracy, originality, suitability, non-infringement, or otherwise. Design Infinity accepts no responsibility for failing to identify any plagiarism or other intellectual property infringement, and Design Infinity accepts no responsibility for any infringement by any Content of any third party rights, whether arising due to intellectual property infringement (including without limitation plagiarism) or otherwise. The customer is solely responsible for the review and approval of any and all Content prior to use or publication. Customer is solely responsible for any decision or action that it may take, regarding the use, publication, or distribution of any Content, and Design Infinity accepts no responsibility for any consequences arising from such use, publication, or distribution by Customer (including without limitation any claim for plagiarism, royalties or otherwise).