Terms & Conditions
1. Intellectual Property Rights
Unless specified, the Website is Daniel Whisnant’s property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics (collectively, the “Content”), and the trademarks, service marks, and logos therein (the “Marks”) are owned and controlled by Daniel Whisnant, protected by copyright, trademark, and other intellectual property laws. The Content and Marks are for informational and personal use only. No part of the Website or Content may be exploited for commercial purposes without Daniel Whisnant’s express written permission. All rights in the Website, Content, and Marks are reserved by Daniel Whisnant.
2. Ownership of Materials
Despite Daniel Whisnant’s ownership of Submissions as described in Paragraph 4 (“Client Feedback”), all design and original source files for the Client (“Projects”) belong to the Client. Client shall own the copyright for all Projects. If, for any reason, any Project ownership falls to Daniel Whisnant rather than the Client, Daniel Whisnant irrevocably assigns its interest in the Project to the Client. Client guarantees that materials provided to Daniel Whisnant are Client-owned and don’t infringe on third-party rights. Daniel Whisnant reserves the right to showcase the Client’s design work publicly unless otherwise agreed, as detailed in section 18.
3. Third-Party Fonts
If a Project uses fonts not owned by Daniel Whisnant, requiring a commercial license for legal reproduction or public display, Daniel Whisnant will notify the Client. The Client assumes responsibility for obtaining the necessary licenses for any Third-Party Fonts used.
4. User Representations
5. Prohibited Activities
The Client must only use the Website for its intended purpose. Commercial endeavors unrelated to Daniel Whisnant’s services are prohibited. Activities that may harm Daniel Whisnant or the Website or breach any applicable regulations are forbidden.
6. Client Feedback
Daniel Whisnant owns all feedback or submissions (“Submission”). Client feedback is non-confidential, and Daniel Whisnant has unrestricted rights to use any Submission, subject to the terms herein.
7. Management and Oversight
9. Returns and Refunds
Refunds are at Daniel Whisnant’s discretion. If a refund is deemed appropriate during the first month, the Client can’t use any materials produced by Daniel Whisnant. Refund-related legal actions may be pursued by Daniel Whisnant if needed.
Daniel Whisnant may change or discontinue any part of the Website without notice and without liability to the Client.
11. Connection Interruptions
Daniel Whisnant does not guarantee or warrant that the Website will be available and accessible at all times. Interruptions, delays, or errors beyond Daniel Whisnant’s control may arise due to issues with hardware, software, or other items. The Client acknowledges that Daniel Whisnant will not be held responsible for any damage, loss, or inconvenience caused by the Client’s inability to access or use the Website during any service or connection disruption.
12. Governing Law
The Website is accessible on an “as-is” and “as-available” basis. By using the Website and Services, the Client agrees to bear all risks. Daniel Whisnant disclaims any warranty, whether explicit or implied, in relation to the Website and its use by the Client. This includes, but isn’t limited to, warranties of merchantability, suitability for a particular purpose, and non-infringement. Daniel Whisnant does not guarantee the accuracy, completeness, or correctness of the Website, its content, or any associated sites. Daniel Whisnant isn’t responsible for unauthorized access to its secure servers, interruptions in transmissions, or any potential malware transmitted via third-party sources. Daniel Whisnant does not endorse or assume responsibility for third-party advertisements or services.
15. Limitations of Liability and Indemnification
16. User Data
The Client is responsible for any data they upload or activities they conduct on the Website. Daniel Whisnant will not be held liable for any data loss or corruption, and the Client relinquishes any claims against Daniel Whisnant pertaining to such issues.
17. Electronic communications, transactions, and signatures
By using the Website, the Client consents to receive electronic communications from Daniel Whisnant. The Client accepts that electronic documents, notices, and signatures hold the same legal status as their non-electronic counterparts.
18. Showcasing Design Work
Daniel Whisnant reserves the right to display design projects on online platforms unless a prior agreement states otherwise. The Client can request a Non-Disclosure Agreement (NDA), which would restrict Daniel Whisnant from publicizing the Client’s work.
20. Contact Information
For any inquiries or complaints regarding the Website, kindly contact Daniel Whisnant at: