Last updated: 18/01/2024
The present terms of use agreement (the "agreement") constitutes a legally binding agreement between Upjam, a limited liability company organized under the laws of the department of Loire-Atlantique, France ("Upjam"), and the client, whether personally or on behalf of an entity (the "client"), regarding access to and use of Upjam's website: [email protected] (the "website") as well as any other support, channel, mobile website or mobile application linked or otherwise connected thereto. Failure to accept and comply with all of the terms, conditions, and obligations set forth herein expressly prohibits the client from using the website, and the client is required to immediately cease all use thereof. Subsequently, the relationship between the client and Upjam shall terminate and shall have no further effect between the parties, except that any obligation of the client to pay Upjam for services rendered shall remain an ongoing obligation owed by the client to Upjam.
1. Intellectual Property Rights
Unless otherwise indicated, the website is the property of Upjam, and all of the source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics, whether in any format (collectively or individually referred to as the "content"), as well as the trademarks, service marks, and logos contained therein (the "marks"), are the property of Upjam and are protected by copyright, trademark laws, and any other applicable intellectual property laws in France, in the department of Loire-Atlantique, Saint-Nazaire, and international conventions. The content and marks are provided "as is" for information purposes and for your personal use only. Except as expressly provided herein, no part of the website or any content may be copied, reproduced, aggregated, republished, uploaded, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without Upjam's prior express written consent. Upjam reserves all rights with respect to the website, content, and marks.
2. Ownership of Materials
Notwithstanding Upjam's ownership of submissions, as described in paragraph 4 ("client feedback"), all original source and design files created on behalf of the client (the "projects") shall belong to the client, and the client shall be the sole owner of the copyright in all projects. In the event that any legal operation would make Upjam the owner of a project, in whole or in part, rather than the client, Upjam hereby irrevocably and perpetually assigns all of its interest in the project to the client, without limitation. The client warrants that all materials provided to Upjam as examples or materials to be incorporated into a project during the design process belong to the client and do not infringe upon any third-party rights, including but not limited to any intellectual property rights and any right of publicity. Upjam always reserves the right to publicly share the client's design work (social media, website, etc.), unless otherwise agreed upon in Section 18 of this document.
3. Third-Party Fonts
In the event that a project incorporates typefaces that are not owned by Upjam and require a commercial license for the client to legally reproduce, distribute, or display the project (the "third-party fonts"), Upjam shall provide written notice to the client that one or more third-party fonts have been incorporated into the project and that the client shall be required to purchase one or more licenses for the third-party fonts from the rights holders of such third-party fonts in order to legally reproduce, distribute, or display the project. This notice shall include sufficient information for the client to identify the required licenses and the persons to contact to purchase them. As long as Upjam has informed the client of the incorporation of third-party fonts as described above, the client shall bear all responsibility for the consequences of failing to purchase one or more licenses for the third-party fonts incorporated into a project.
4. User Representations
By using the website, the client represents and warrants as follows: The client has legal capacity and agrees to comply with these terms of use; The client is not a minor in the jurisdiction of their domicile; The client will not access the website by any automated or non-human means; The client will not use the website for any illegal or unauthorized purpose; The client's use of the website will not violate any applicable law or regulation.
5. Prohibited Activities
The client shall not access or use the website for any purpose other than that for which the website is made available to the client. The website may not be used for commercial activities except those related to work performed by Upjam on behalf of the client. Additionally, the client agrees to refrain from the following actions: Unauthorized use of the website; Extracting data or content for the purpose of creating or compiling a database or directory; Circumventing, disabling, or otherwise interfering with the security features of the website; Framing or unauthorized linking to the website; Deceiving, defrauding, or misleading Upjam or other users; Impeding, disrupting, or creating an undue burden on the website or Upjam's networks or servers; Using the website for the purpose of competing with Upjam; Deciphering, decompiling, disassembling, or reverse engineering any of the software comprising all or part of the website; Circumventing website measures designed to prevent or restrict access to the website or any portion thereof; Harassing, annoying, intimidating, or threatening Upjam employees, freelancers, or agents providing services through the website; Removing copyright or any other notice of rights from the content; Copying or adapting the website software; Uploading or transmitting, or attempting to do so, viruses, trojan horses, or any other material, including anything that disrupts the use of the website by a third party or modifies, alters, disrupts, or interferes with the use, functionality, operations, or maintenance of the website; Uploading or transmitting, or attempting to do so, any material acting as a mechanism for collecting or transmitting information, passive or active; Disparaging, tarnishing the brand, or otherwise harming Upjam; Using the website in a manner inconsistent with any applicable laws, statutes, or regulations.
6. Client Feedback
The client acknowledges and agrees that any question, comment, suggestion, or other feedback or submission (each a "submission") shall be the sole property of Upjam, and Upjam shall have no obligation to keep any submission confidential or take any steps to ensure the confidentiality of any submission. Upjam shall be the sole and exclusive owner of all rights relating to the submission, except for the rights granted to the client under paragraph 2 ("Ownership of Materials"), and may, in its sole discretion and without restriction, use and disclose a submission for any legal purpose, without permission, acknowledgment, or compensation to the client. The client represents that they have the right to express and submit the submission and hereby waive any claims and remedies against Upjam for the use of the submission pursuant to these terms and at its sole discretion thereafter.
7. Oversight and Monitoring
Upjam reserves the right to monitor the website for violations of these terms of use and to take appropriate legal action in response to a violation of the terms of use or any applicable law, statute, or regulation. Upjam also reserves the right to restrict or disallow access to the website or to disable the client's use of the website. This decision is at the sole discretion of Upjam, without notice or liability to the client. All decisions regarding the management of the website are at the sole discretion of Upjam and are intended to protect the rights and property of Upjam.
8. Privacy Policy
By using the website, the client agrees to be bound by the privacy policy and terms contained therein, which are specifically incorporated herein and adopted. The website is hosted in France. Access to the website from other regions of the world may result in the applicability of laws, statutes, or regulations different from those of France governing the collection, use, or disclosure of personal data. The continued use of the website and the transfer of data outside of France constitute the express consent of the client to the transfer and processing of data. Upjam does not knowingly accept or solicit information from persons under the age of 18. In accordance with applicable laws, upon receipt of actual knowledge that a person under the age of 18 has provided personally identifiable information to Upjam without parental consent, Upjam will delete such information as soon as reasonably possible.
9. Returns and Refunds