Terms of service
Updated on: January 31, 2024
Terms of service
Please read these terms and conditions of use (“Terms”) carefully before using Vuidesign. By accessing, browsing, and/or using this Service, you (the end-user of the Service hereinafter referred to as “User” or “you”) acknowledge that you have read, understood, and agree to be bound by all the terms, conditions, consents, and disclosures set forth in these Terms and the applicable guidelines set forth on the websites, services, or designs that you download. If you do not agree to the Terms and the applicable guidelines, you are required to immediately cease using the Service. If you enter into these Terms on behalf of a legal entity, you acknowledge and declare that you have the legal authority to bind that legal entity.
1. Introduction
These Terms contained on this web page will govern your use of Vuidesign, including all pages within this website and the graphic design, web design, and motion design services of Vuidesign (collectively referred to as “Services” or “Vuidesign Services”). These Terms fully and entirely apply to your use of the Vuidesign Service, and by using the Service, you expressly accept all the Terms contained herein in full. You must not use the Vuidesign website, the Vuidesign Service, or any of the services if you have any objections to any of these Terms. By using this Service, you confirm that you are at least 18 years old or that you use this Service under the supervision of a parent or guardian and are legally capable of entering into a contract.
Christian Sabourdy, with an official address at 120 rue Saint-Denis, 75002 Paris (hereinafter referred to as “Vuidesign”), operates a website currently available online, offering graphic design, web design, and motion design services as well as content. We currently operate from Paris, France, Europe, and Ho Chi Minh City, Vietnam, Asia.
2. Proprietary rights
Unless otherwise indicated, all intellectual property rights related to the Vuidesign website (including all documentation and all parts and copies thereof), including but not limited to materials, equipment, logo, copyrights and related rights (including database and catalog rights and photographic rights), trademarks, patents, models, texts, software, technical drawings, graphic configurations, models, design elements, animations, trade secrets, and know-how, other files and their selection and arrangement (whether registered or not) (the “Intellectual Property Rights”) belong to Vuidesign and/or its affiliates, suppliers, or licensors. Vuidesign or its licensors own and reserve all rights, title, and interest in and to the Service and all Intellectual Property Rights, except for the rights expressly granted to you by Vuidesign as a limited, non-transferable, and non-sublicensable right to use the Service.
No title or ownership rights in the Intellectual Property Rights related to the Service are transferred to you under these Terms. If you provide feedback, suggestions, and recommendations to Vuidesign regarding a Service (e.g., modifications, improvements, enhancements) (collectively “Feedback”), you automatically assign such Feedback to Vuidesign unless otherwise expressly granted to the Client under Section 3 (“Ownership of Designs and Materials”).
3. Ownership of designs and materials
3.1 Client ownership:
Vuidesign acknowledges and agrees that all design projects and original source files created on behalf of the Client (“Projects”) shall belong to the Client, and the Client will be the exclusive owner of the copyright and all intellectual property rights associated with these Projects. This ownership includes, but is not limited to, all design elements, graphics, animations, and related materials developed on behalf of the Client during our services.
3.2 Assignment of rights:
In the unlikely event that any legal circumstance transfers ownership of a Project, in whole or in part, to Vuidesign rather than to the Client, Vuidesign unconditionally and perpetually assigns all of its interests in the Project to the Client, without any encumbrance or limitation.
3.3 Client materials:
The Client affirms that all materials provided to Vuidesign during the design process, including but not limited to references, examples, or source materials, are the property of the Client and do not infringe upon or misappropriate the rights of third parties, including intellectual property rights and image rights.
3.4 Public display:
Vuidesign may, at its discretion, publicly display the Client’s design work. This may include showcasing the work on our website, social media platforms, or in promotional materials. However, such public display will be carried out in accordance with the Client’s prior agreement, as detailed in Section 14 of this document.
3.4 Affichage Public :
Vuidesign peut, à sa discrétion, exposer publiquement le travail de design du Client. Cela peut inclure la présentation du travail sur notre site Web, plateformes de médias sociaux ou dans des matériaux promotionnels. Cependant, un tel affichage public sera effectué conformément à l’accord préalable du Client, tel que détaillé dans la Section 14 de ce document.
4. Use of third-party materials
4.1 Incorporation of Third-Party Assets:
a. a. If a project developed by Vuidesign includes fonts, graphics, music, videos, photos, stock designs, or other assets (“Third-Party Assets”) that are not owned by Vuidesign and require a commercial license for the Client to legally reproduce, distribute, or publicly display the project, Vuidesign will notify the Client in writing. This notification will specify the requirement for the Client to acquire or purchase the necessary licenses for these Third-Party Assets directly from the respective rights holders to ensure compliance with legal use.
b. The written notification will comprehensively detail which licenses are essential and provide information enabling the Client to identify the required licenses and establish contact with the rights holders for license acquisition.
4.2 Client responsibility:
a. In cases where Vuidesign has duly informed the Client of the inclusion of Third-Party Assets in accordance with section 4.1, the Client is solely responsible for any consequences arising from the failure to secure the mandated licenses for the Third-Party Assets integrated into a project.
4.3 Third-Party licenses:
a. Certain designs may incorporate components from third parties, including, but not limited to, stock image providers, music libraries, and graphic asset platforms. Unique licensing terms may apply to these components, including those established by the respective third-party providers or licensors.
b. Where third-party licenses are relevant, the terms and conditions of the applicable third-party licenses will govern the use of these specific components. By engaging Vuidesign’s services and using any designs or materials, whether known to be from third parties or not, the Client explicitly agrees to comply with the third-party terms and licenses when applicable. Vuidesign assumes no responsibility for the Client’s use of designs, music, images, or any other third-party materials.
5. Restrictions
You are expressly and categorically prohibited from doing any of the following:
- Using the Vuidesign website or Vuidesign service in any manner that causes, or is likely to cause, damage to Vuidesign;
- Using the Vuidesign service in any manner that impacts users’ access to the Vuidesign service;
- Using the Vuidesign service contrary to applicable laws and regulations, or in any manner that causes, or is likely to cause, harm to Vuidesign or any person or commercial entity;
- Engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to the Vuidesign service, or while using the Vuidesign service;
- Reverse engineering, decompiling, decoding, translating, disassembling, or attempting to access the source code of any Vuidesign website, server, databases, or infrastructure (“Vuidesign Technology”);
- Providing use of Vuidesign Technology on a service bureau, rental, or managed services basis or allowing other individuals or entities to create Internet links to Vuidesign Technology or “frame” or “mirror” Vuidesign Technology on any other server, wireless, or Internet-based device;
- Using any Vuidesign Technology (including to create any application) in any manner that interferes with, disrupts, damages, or accesses in an unauthorized manner the servers, networks, or other properties or services of Vuidesign or any third party;
- Avoiding the payment of charges or fees payable by you in connection with the Service;
- Using the Vuidesign service for any illegal purposes or in connection with material that is offensive, obscene, pornographic, defamatory, derogatory, or discriminatory;
- Committing any act that may be harmful to minors;
- Violating any applicable laws or regulations;
Collecting or storing any personally identifiable information from the Service about other users of the Service without their prior explicit consent.
6. Third-party beneficiaries
These Terms are entered into between Vuidesign and the User. However, any third-party entity with which Vuidesign has a contractual relationship for the provision of the Service is considered a third-party beneficiary of these Terms, in that it will have the right to enforce its own terms of service, if applicable, against the User as the end-user of the Service. The User must accept and comply with all applicable third-party terms of service and conditions when using the Service.
7. Third-party sites, links, and advertisements
The Service may feature advertisements or links to third-party websites, products and/or services, or, more generally, content or information that might be inaccurate, incomplete, misleading, illegal, immoral, or otherwise harmful (“Third-Party Ads”). Vuidesign is not responsible for the availability of these Third-Party Ads, nor for the images, messages, or other materials contained therein. Neither Vuidesign, nor any of its officers, directors, developers, consultants, employees, and affiliates shall be responsible for any errors in content or omissions, or for any content in general within any Third-Party Ads, nor liable for any losses or damages of any kind suffered as a result of your interaction with, use of, or reliance on the Third-Party Ads, including the goods, products, or services offered by such Third-Party Ads.
8. Terms and conditions for subscribers
Certain features of the Vuidesign Service require a specific Subscription.
8.1 Subscription requirement
To access certain features of the Service, you may be required to pay membership fees that grant you a subscription to the Service (the “Subscription”). Vuidesign reserves the right to unilaterally increase membership and subscription fees, any associated taxes, or to institute new fees at any time with reasonable notice.
8.2 Payment
Payment obligations are non-cancellable and fees paid are non-refundable. Vuidesign reserves the right to suspend our Service until any outstanding amount is paid in full.
8.3 Automatic renewal
Your credit card will be automatically charged the standard membership fees applicable at the time of Subscription, i.e., special offer prices do not apply in this case, and your Subscription will be renewed for the same period as originally subscribed, unless you cancel your Subscription at least 24 hours before the expiration of your current Subscription. Standard subscription fees can be viewed on the Vuidesign website. Subscribing to the Vuidesign Service automatically means you accept the indicated Subscription fees.
8.4 One-Time payment, pay-per-design
If you have purchased a one-time feature or design, you will receive a single design without additional subscription features or services. To access other features of the Vuidesign Service, you must purchase the specific Subscription for those features.
9. Refund policy
9.1 Refund discretion:
a. Vuidesign reserves the right to refuse refund requests without prior notice or liability to the Client. Refund requests are evaluated on a case-by-case basis.
b. If the Client requests a refund during the first month of service, all materials created by Vuidesign remain the exclusive property of Vuidesign, and the Client is strictly prohibited from using these materials in any manner.
9.2 Legal action for violation:
a. Vuidesign reserves the right to pursue legal action against the Client in the event of a violation of this refund policy.
10. Your account
To use certain features of the Service, you may need to subscribe and/or register and create an account with Vuidesign. By subscribing, creating an account, and using the Vuidesign Service, you represent and confirm that you are of legal age according to applicable law, that you are legally authorized to enter into contracts according to applicable law, and that you are authorized by applicable law to create an account and use the Vuidesign Service.
You acknowledge and agree that you are responsible for maintaining the confidentiality of any account information and credentials, including passwords, associated with any account you use to access or use the Service, and that you will be solely responsible for all activities that occur under your account. In the event that you become aware of unauthorized use of your password or account, you must immediately notify Vuidesign.
Vuidesign reserves the right to suspend or terminate your account at any time and for any reason and will not incur any liability whatsoever for such suspension or termination.
By accessing the Service using your Facebook or other service credentials, you allow Vuidesign to access certain information from your profile on Facebook for use by the Service. You may be able to control the amount of information accessible to Vuidesign by adjusting the privacy settings of your account on Facebook. By using the Service, you authorize Vuidesign to collect, store, retain, and use indefinitely, in accordance with Vuidesign’s Privacy Policy, any information you have allowed Facebook to provide to Vuidesign.
11. Client data responsibility
11.1 Responsibility for client data:
a. The Client is entirely responsible for all data transmitted or associated with any activity the Client engages in using the website provided by Vuidesign.
b. Vuidesign assumes no responsibility for any loss or corruption of such data. The Client acknowledges and agrees to waive any right to bring a legal action against Vuidesign in the event of data loss or corruption.
12. Electronic communications and transactions
12.1 Consent to electronic communications:
a. The Client hereby consents to receive electronic communications from Vuidesign. The Client acknowledges that all agreements, notices, disclosures, and other communications sent via email or through the website satisfy any legal requirement that such communications be in writing.
12.2 use of electronic signatures and records:
a. The Client agrees to the use of electronic signatures, contracts, orders, and other records, as well as the electronic delivery of notices, policies, and records of transactions initiated or completed by Vuidesign or through the website.
12.3 Waiver of non-electronic requirements:
a. The Client hereby waives any rights or requirements under any statute, regulation, rule, ordinance, or other laws in any jurisdiction that require an original signature or the delivery or retention of non-electronic records. Furthermore, the Client waives any requirement for payments or the granting of credits by any means other than electronic.
13. No warranty
The Service is provided “as is” with all faults and defects that may, from time to time, occur, and Vuidesign makes no express or implied representations or warranties of any kind related to the Vuidesign Service or the data and materials contained on the Vuidesign Service. Furthermore, nothing contained on the Vuidesign Service shall be construed as providing advice or consultancy.
14. Presentation of Design Works
14.1 Right to showcase works:
a. Vuidesign retains the right to showcase its design works on digital platforms, including but not limited to social media and the company website, unless mutually agreed otherwise with the Client.
14.2 Client’s right to confidentiality:
a. The Client reserves the right to request a Non-Disclosure Agreement (NDA) be established between themselves and Vuidesign. In such cases, the execution of the NDA takes precedence over Vuidesign’s right to publicly share or discuss the Client’s work.
15. Limitation of liability
In no event shall Vuidesign, nor any of its officers, directors, developers, and employees, be liable to you for anything arising out of or in any way connected with your use of the Vuidesign Service, whether such liability is under contract, tort, or otherwise, and Vuidesign, including its officers, directors, developers, consultants, and employees shall not be liable for any indirect, consequential, or special liability whatsoever, including without limitation, loss of revenue, moral, or otherwise, arising out of or in any way related to your use of the Vuidesign Service. In the event that any incident or damage occurs to you during your use of the provided Service, you hereby waive all your legal rights and remedies that may be used against Vuidesign, or any of its officers, directors, developers, and employees, and you hereby declare that you are solely responsible, and release and indemnify Vuidesign, for any incident, damage, or loss that has occurred or could have occurred during your use of the Vuidesign Service.
16. Indemnification
You agree to indemnify, defend, and hold harmless Vuidesign, its affiliates, officers, directors, employees, developers, agents, licensors, and suppliers (the “Vuidesign Parties”) from any claims, losses, liabilities, expenses, damages, and costs, including without limitation, attorney’s fees, arising out of or in any way related to your user content, your use of the content, your use of the Service, your conduct in connection with the Service or with other users of the Service, or any violation of these Terms, any law, or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors, and assigns, fully and forever release and discharge the Vuidesign Parties from any and all claims or causes of action that you may have for damages or losses in any way related to your use of the Service.
17. Modification and termination modification of services
Vuidesign reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof), with or without notice. You agree that Vuidesign shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service. You are responsible for obtaining and maintaining any devices or connections required for the Service to be available and maintained.
Claims
In the event that you require support or assistance, you may lodge a complaint with us at service@vuidesign.io and we will endeavor to assist you to the best of our ability.
Termination
You agree that Vuidesign may, at its sole discretion, and for any reason whatsoever, and without prior notice, immediately terminate your account and/or access to the Service. The reason for such termination may include (a) breaches or violations of the Terms or other agreements, policies, or guidelines incorporated herein, (b) requests by law enforcement or other government agencies, (c) requests initiated by you (self-initiated account deletions), (d) the discontinuance or substantial modification of the Service (or any part thereof), (e) unexpected technical or security issues, (f) prolonged periods of inactivity, and/or (g) non-payment of any fees owed in connection with the Service, (h) if we learn that the user is a minor. Termination of your account may include (a) removal of access to all features within the Service, (b) deletion of your information, files, and content associated with your account, and (c) prohibition of further use of the Service. You agree that all causes for termination are decided in the sole discretion of Vuidesign and that Vuidesign shall not be liable to you or any third party for any termination of your account or access to the Service. The post-termination provisions of the Terms shall remain binding upon you following the termination of your account. You may choose to unsubscribe from your account with Vuidesign and cease using the Vuidesign Service if you wish to terminate the Service. The post-termination provisions of the Terms shall remain binding upon you following the termination of your account.
18. Variation of terms
Vuidesign is permitted to revise these Terms at any time as it sees fit, without notice to you, and by using the Service, you are deemed to regularly review these Terms to ensure that you understand all the terms and conditions governing the use of the Vuidesign Service. If for any reason you do not agree with any of the revised Terms, you may choose to unsubscribe from your account with Vuidesign and cease using the Vuidesign Service. However, your continued account, or Subscription, and your use of the Service shall be construed as an express, clear, and unequivocal acceptance of such revised Terms.
19. Waiver
The failure of Vuidesign to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
20. Severability
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be severed without affecting the remaining provisions herein.
21. Assignment
Vuidesign is permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you are not permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms to another party.
22. Applicable law and jurisdiction
These Terms are governed by, and interpreted in accordance with, the laws of France, and consequently, the applicable law for any dispute arising out of or relating to these Terms shall be that of France. Vuidesign and you agree that any dispute or claim arising out of or in connection with these Terms or their subject matter shall be subject to the exclusive jurisdiction of the Centre for Mediation and Arbitration of Paris (CMAP). Vuidesign retains the right, at its discretion and for its exclusive benefit, to commence proceedings concerning or relating to your use of the Service in the courts of the country in which you reside.