This Agreement outlines the terms for using Nuova's website and related digital platforms. It's a legal contract between NUOVA Digital, LLC, and the user (Client), whether individual or entity.
Users must adhere to all terms and conditions. Non-compliance will result in the termination of the Client’s right to use the website and any related services.
If the Client stops using the website due to non-compliance, their existing financial obligations to NUOVA Digital for any services already rendered will still be enforceable.
This clause mandates full adherence to the Terms for using NUOVA Digital’s website. If a user does not agree with these Terms, they must not use the website. Should users fail to comply, they must cease using the website immediately. Importantly, even if access to the website is terminated, any existing financial obligations to NUOVA Digital remain in force.
NUOVA Digital's Property: The website, including all content such as source code, databases, designs, audio, video, text, images, and graphics, along with all trademarks and logos, are owned by NUOVA Digital. They are protected by relevant intellectual property laws and conventions.
Restricted Use: The content and marks on the website are provided for personal and informational use only. Any copying, reproduction, or commercial use of the website's content requires NUOVA Digital's explicit prior written consent.
Rights Reserved: NUOVA Digital retains all rights to the website and its content, including any legal protections under intellectual property laws.
Client Ownership: Despite NUOVA Digital’s ownership of submissions, all designs and original source files created for the client (referred to as "Projects") are the client's property. The client holds all copyright to these projects.
Transfer of Ownership: If any legal situation arises where NUOVA Digital becomes the owner of a Project, NUOVA Digital will transfer all rights back to the client without restrictions.
Client’s Warranties: The client guarantees that all materials they provide for their projects are their property and do not violate any third-party intellectual property or publicity rights.
NUOVA Digital’s Rights to Share Work: NUOVA Digital retains the right to share the client’s design work publicly, such as on social media or its website, unless otherwise specified in section 18.
Client's License Responsibility: If a Project uses fonts not owned by NUOVA Digital (“Third-Party Fonts”) that need a commercial license, NUOVA Digital will notify the client. The client must then obtain the necessary licenses for these fonts to legally use, reproduce, or display the Project.
Notification Details: NUOVA Digital's notice will specify the required licenses and contact information for purchasing them.
Client Liability: Once notified, the client is responsible for any legal consequences if they fail to acquire the appropriate licenses for Third-Party Fonts used in their Project.
Users of the website must ensure they have the legal capacity to agree to these Terms and must use the website in accordance with all applicable laws and regulations. This includes not using the website for any illegal or unauthorized purposes and not accessing it through automated means.
Purpose-Specific Use: The client must use the Website only for its intended purposes. Commercial use is limited to activities related to services provided by NUOVA Digital for the client.
Prohibited Actions: Clients agree not to: Use the Website unauthorizedly. Collect data or content from the Website for database creation. Tamper with the Website's security features. Engage in unauthorized framing, linking, or competing with NUOVA Digital. Mislead, defraud, or harm NUOVA Digital or its users. Overburden NUOVA Digital’s network or servers. Attempt to reverse engineer any part of the Website. Circumvent access restrictions. Harass or intimidate NUOVA Digital’s staff. Remove copyright notices or copy website software. Transmit harmful or disruptive materials, including viruses.Use the Website against applicable laws and regulations.
Feedback or submissions provided by clients to NUOVA Digital become the property of NUOVA Digital, with the company free to use them without obligation to the client. The only exception is where rights are already assigned to the client under the project ownership clause. This section also waives the client's right to any claim or compensation for these contributions.
NUOVA Digital reserves the right to monitor website usage for any violations of these Terms and take appropriate legal or administrative action in response. This includes the ability to restrict access or disable a user’s ability to use the website at NUOVA Digital’s discretion, without notice or liability.
Adherence to Privacy Policy: By using the Website, clients agree to follow NUOVA Digital’s Privacy Policy, which is incorporated into these terms.
International Use: The Website is based in the USA. Clients accessing it from other regions, like the EU or Asia, acknowledge that different data protection laws may apply. Using the Website and transferring data to the USA implies consent to this data processing under U.S. law.
Age Restriction Compliance: NUOVA Digital does not intentionally collect data from those under 18. In line with U.S. law, any data from individuals under 13 obtained without parental consent will be deleted promptly.
NUOVA Digital reserves the right to deny refunds based on its own self discretion and without notice or liability to Client. Refund requests are assessed on a case by case basis. Should Client request a refund during the first month of use, all materials produced by NUOVA Digital are ownership of the company and are prohibited from being used by the Client in any way.
If a refund is deemed to be appropriate, there will be a 25% fee assigned to the remaining billable period.
NUOVA Digital reserves the right to take appropriate legal actions against Client for breach of this paragraph.
NUOVA Digital retains the right to modify, change, or discontinue any part of its website at any time. This could include updates to content, structure, or functionality, and is done at NUOVA Digital’s sole discretion without obligation to notify users or assume liability for any impact this may have on users.
NUOVA Digital does not guaranty or warrant the Website will be available and accessible at all times. Factors such as hardware and software issues, as well as other external factors, may cause service interruptions. NUOVA Digital disclaims liability for any user inconvenience or loss due to these interruptions.
Any legal disputes related to these Terms will be settled in the state courts of Wyoming. This includes waiving defenses against personal jurisdiction and venue, and aexcludes certain international sales laws from applying to these Terms. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act are excluded from these Terms of Use.
NUOVA Digital provides its website and services on an "as-is" and "as available" basis. The client acknowledges that their use of the website and services is entirely at their own risk. NUOVA Digital disclaims all implied warranties, including merchantability and fitness for a particular purpose. The website's content may not be accurate or complete. NUOVA Digital is not liable for errors, personal injury, data loss, or interruptions caused by using the website. It also does not bear responsibility for any harmful elements like viruses transmitted through the website. NUOVA Digital does not endorse or assume responsibility for third-party products or services linked to or advertised on its website.
This section addresses the billing policies related to NUOVA Digital's subscription services. It includes details on subscription renewal, cancellation policies, pricing changes, and responsibilities for payment, particularly in cases involving client-added users.
Subscription Offerings: NUOVA Digital provides various subscription options, which are detailed on the website or through direct communication with clients. These options are designed to cater to different needs and preferences.
Automatic Renewal: Subscriptions are set to renew automatically on a monthly basis, corresponding to the original date of purchase. This ensures uninterrupted access to NUOVA Digital's services but can be managed by the user.
Cancellation Policy: Users have the freedom to cancel their subscription at any point. Cancellation instructions are provided on the website or can be obtained through customer service. It’s important for users to understand that cancellation will become effective at the end of the current billing cycle.
Pricing Changes: NUOVA Digital reserves the right to modify subscription prices. Any changes in pricing will be communicated to existing subscribers in advance, and these changes will only take effect upon the renewal of the subscription.
NUOVA Digital, including its staff and contractors, is not liable for any damages or losses, such as lost profits, data, or legal costs, resulting from the use of its website. The client agrees to protect NUOVA Digital against any claims or damages arising from their use of the website, breach of these terms, misrepresentation, or infringement of third-party rights. This includes covering legal costs. NUOVA Digital retains the right to take over the defense of claims the client is obligated to indemnify, at the client's expense. The client is required to cooperate in such defenses.
The client is solely responsible for all data they transmit or activities they conduct using the NUOVA Digital website. NUOVA Digital is not liable for any data loss or corruption. The client waives the right to take action against NUOVA Digital for such occurrences.
The client agrees to receive all communications from NUOVA Digital electronically, such as through email or the website, and acknowledges that this meets any legal requirements for written communication. The client consents to using electronic signatures, contracts, and records for transactions with NUOVA Digital, including notices and policy documents.The client waives any legal rights or requirements for non-electronic signatures, records, or transaction methods.
NUOVA Digital may showcase design work on digital platforms, including social media and its website, unless a different agreement is made. The client has the option to issue a Non-Disclosure Agreement (NDA) with NUOVA Digital. If an NDA is in place, NUOVA Digital cannot publicly share or discuss the client's work.
The Terms of Use, along with any policies on the website, represent the full agreement between the client and NUOVA Digital. NUOVA Digital's failure to enforce any part of these Terms does not waive its right to do so in the future. If any part of these Terms is found to be invalid or unenforceable, it will be removed without affecting the remainder of the Terms. These Terms do not create any joint venture, partnership, employment, or agency relationship between the client and NUOVA Digital.
For any questions or complaints regarding the Website, please contact NUOVA Digital at: hello@gonuova.com.