THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between ASCENT, LLC (“Ascent”) and the client, whether personally or on behalf of an entity (“Client”), concerning access and use of Ascent’s website: https://www.ascentdesigns.io/ (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 Ascent shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Ascent for services rendered shall remain and continue to be an ongoing obligation owed by Client to Ascent.
Intellectual Property Rights
Unless otherwise indicated, the Website is the property of Ascent, 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 Ascent. They are protected by copyright and trademark laws, along with any other applicable intellectual property law or regulation of the Philippines, 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 Ascent’s express prior written permission. Ascent reserves all rights to the Website, Content, and Marks.
Ownership of Materials
Regardless of Ascent's ownership of Submissions, as outlined in Paragraph 4 ("Client Feedback"), all design and original source files generated on behalf of the Client ("Projects") are the property of the Client, who will hold the sole copyright for all Projects. Should any legal circumstance arise that would designate Ascent as the owner, wholly or partially, instead of the Client, Ascent hereby and permanently transfers its entire stake in the Project to the Client, without restriction. The Client affirms that any materials furnished to Ascent as examples or for incorporation into a project during the design process are owned by the Client and do not violate or misappropriate any rights of third parties, including, but not limited to, intellectual property rights and rights of publicity. Ascent retains the right to publicly share the Client's design work (such as on social media or their website) unless otherwise agreed upon as specified in section 18 of this agreement.
Third-Party Fonts
If a Project incorporates fonts not owned by Ascent that necessitate a commercial license for the Client to reproduce, distribute, or publicly display the Project ("Third-Party Font(s)"), Ascent will notify the Client in writing about the inclusion of one or more Third-Party Fonts. The Client will be required to procure one or more licenses for these Third-Party Fonts from the respective rights-holder(s) in order to legally reproduce, distribute, or publicly display the Project. This notice will contain sufficient details for the Client to identify the necessary licenses and contact the appropriate parties for their purchase.
Upon notification by Ascent regarding the integration of Third-Party Fonts as described above, the Client bears full responsibility for any repercussions arising from failure to procure one or more licenses for any Third-Party Fonts incorporated into a Project.
User Representations
Through the utilization of the Website, the Client affirms and guarantees that: they possess the legal capacity and consent to adhere to these Terms of Use; they are not considered a minor within their domicile's jurisdiction; they will refrain from accessing the Website via automated or non-human methods; they will not employ the Website for any illegal or unauthorized objectives; and their utilization of the Website will not contravene any relevant laws or regulations.
Prohibited Activities
The Client agrees to utilize the Website solely for its intended purpose and not for any other objectives. The Website is not to be employed for commercial endeavors, except those linked to the work performed by Ascent on behalf of the Client. Furthermore, the Client pledges to abstain from the following actions: