This Terms of Use Agreement (the “Agreement”) constitutes a legally binding agreement by and between THRILL CIRCLE, LLC, a limited liability company organized under the laws of [State] (“Thrill Circle”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of Thrill Circle’s website: [https://www.thrillcircle.tech/] (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 Thrill Circle shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Thrill Circle for services rendered shall remain and continue to be an ongoing obligation owed by Client to Thrill Circle.
**1. Intellectual Property Rights**
Unless otherwise indicated, the Website is the property of Thrill Circle and all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics of any nature and regardless of format (herein, collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by Thrill Circle and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, foreign jurisdictions, and international conventions. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Thrill Circle’s express prior written permission. Thrill Circle reserves all rights in the Website, Content, and Marks.
**2. Ownership of Materials**
Notwithstanding Thrill Circle’s ownership of Submissions, as described in Paragraph 4 (“Client Feedback”), all design and original source files created on Client’s behalf (“Projects”) belong to Client, and Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause Thrill Circle to become the owner of a Project, in whole or in part, rather than Client, Thrill Circle irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation. Client warrants that any and all materials provided to Thrill Circle as examples or as material to be incorporated into a project during the design process are owned by Client and do not infringe on or misappropriate any third party’s rights, including, but not limited to, all intellectual property rights and any right of publicity. Thrill Circle always reserves the right to share the Client's design work publicly (social media, website, etc.) unless agreed upon as stated in section 18 of this document.
**3. Third-Party Fonts**
In the event that any Project incorporates fonts that are not owned by Thrill Circle and require a commercial license to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), Thrill Circle will inform the Client in writing that one or more Third-Party Fonts have been incorporated into the Project and that the Client will need to purchase one or more licenses for the Third-Party Fonts from the rights-holder(s) of said Third Party Fonts to legally reproduce, distribute, or publicly display the Project. Said notice will include information sufficient for the Client to identify which licenses are required and who to contact to purchase said licenses. So long as Thrill Circle has informed the Client of the incorporation of Third-Party Fonts as described above, the Client assumes all responsibility for any consequences as a result of a failure by the Client to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.
**4. User Representations**
By using the Website, Client represents and warrants that:
- Client has the legal capacity and agrees to comply with these Terms of Use;
- Client is not a minor in the jurisdiction of their domicile;
- Client will not access the Website through automated or non-human means;
- Client will not use the Website for any illegal or unauthorized purpose;
- Client’s use of the Website will not violate any applicable law or regulation.
**5. Prohibited Activities**
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 in connection with any commercial endeavors except those related to the work performed by Thrill Circle on behalf of the Client. Further, Client agrees to refrain from the following:
- Make any unauthorized use of the Website;
- Retrieve data or content for the purposes of creating or compiling a database or directory;
- Circumvent, disable, or otherwise interfere with security-related features on the Website;
- Engage in unauthorized framing or linking of the Website;
- Trick, defraud or mislead Thrill Circle or other users;
- Interfere with, disrupt or create an undue burden on the Website or Thrill Circle’s networks or servers;
- Use the Website in an effort to compete with Thrill Circle;
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website;
- Bypass any measures on the Website designed to prevent or