Last update : 17/07/2023
The present terms of use (the "Agreement") constitute a legally binding agreement between Ceram, a limited liability company organized under the laws of the department of Loire-Atlantique, France ("Ceram"), and the client, whether personally or on behalf of an entity ("client"), regarding the access and use of Ceram's website: https://www.ceram.studio/ (the "website") as well as any other medium, channel, mobile website, or mobile application linked or otherwise connected to it. Failure to accept and comply with all the terms, conditions, and obligations set forth in this document expressly prohibits the client from using the website, and the client is required to immediately cease all use. Subsequently, the relationship between the client and Ceram will terminate and will have no further effect between the parties, except that any obligation of the client to pay Ceram for rendered services will remain an ongoing obligation owed by the client to Ceram.
1. Intellectual Property Rights
Unless otherwise indicated, the website is the property of Ceram, and all source code, databases, functionality, software, web design, audio, video, text, photographs, and graphics, regardless of format (collectively or individually referred to as the "content"), as well as trademarks, service marks, and logos contained therein (the "marks"), are the property of Ceram and are protected by copyright, trademark laws, and any other applicable intellectual property laws or regulations in France, in the department of Loire-Atlantique, Saint-Nazaire, and international conventions. The content and marks are provided "as is" for information and your personal use only. Except as expressly provided otherwise 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 the express prior written consent of Ceram. Ceram reserves all rights relating to the website, content, and marks.
2. Ownership of Materials
Notwithstanding ownership of submissions by Ceram, as described in paragraph 4 ("client feedback"), all original source and design files created on behalf of the client (the "projects") belong to the client, and the client is the sole owner of copyright rights in all projects. In the event that a legal operation would make Ceram the owner of a project, in whole or in part, rather than the client, Ceram irrevocably and perpetually assigns all of its interest in the project to the client, without limitation. The client warrants that all materials provided to Ceram as examples or materials to be incorporated into a project during the design process are owned by the client and do not infringe upon any third party's rights, including, but not limited to, all intellectual property rights and rights of publicity. Ceram 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 fonts that do not belong to Ceram and require a commercial license for the client to legally reproduce, distribute, or display the project (the "third-party fonts"), Ceram will provide written notice to the client 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 holders of these third-party fonts in order to legally reproduce, distribute, or display the project. This notice will include sufficient information for the client to identify the required licenses and the contact persons to purchase them from. As long as Ceram has informed the client of the incorporation of third-party fonts as described above, the client assumes full responsibility for the consequences of failing to purchase one or more licenses for the third-party fonts incorporated into a project.
4. User Declarations
By using the website, the client represents and warrants the following: The client has legal capacity and agrees to comply with these terms of use; The client is not a minor in their jurisdiction of residence; The client will not access the website through automated or non-human means; The client will not use the website for illegal or unauthorized purposes; The client's use of the website will not violate any applicable law or regulation.
5. Prohibited Activities
The client must not access the website or use it for purposes other than those for which the website is made available to the client. The website may not be used for commercial activities except those related to the work performed by Ceram on behalf of the client. Additionally, the client agrees to refrain from the following actions: Making unauthorized use of the website; Extracting data or content with the intent of creating or compiling a database or directory; Circumventing, disabling, or otherwise interfering with security features of the website; Performing unauthorized framing or linking to the website; Deceiving, defrauding, or misleading Ceram or other users; Impairing, disrupting, or creating an excessive burden on the website or Ceram's networks or servers; Using the website to compete with Ceram; Decrypting, decompiling, disassembling, or reverse engineering any software constituting all or part of the website; Bypassing website measures designed to prevent or restrict access to the website or any part of it; Harassing, annoying, intimidating, or threatening Ceram's employees, freelancers, or agents providing services through the website; Removing copyright or any other notice of rights from content; Copying or adapting the website software; Downloading or transmitting, or attempting to do so, viruses, trojan horses, or any other item, including anything that disrupts third-party use of the website or modifies, alters, disrupts, or interferes with the use, features, operations, or maintenance of the website; Downloading or transmitting, or attempting to do so, any material acting as a mechanism for the collection or transmission of information, passive or active; Disparaging, tarnishing the brand, or otherwise causing harm to Ceram; Using the website in a manner inconsistent with all applicable laws, statutes, or regulations.
6. Client Feedback
The client acknowledges and agrees that any questions, comments, suggestions, or other feedback or submission (each a "submission") will be the sole property of Ceram, and Ceram is not obligated to keep a submission confidential or take measures to ensure its confidentiality. Ceram will be the exclusive sole owner of all rights related to the submission, except 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 legal purposes, without client's permission, acknowledgment, or compensation. The client represents that they have the right to express and present the submission and hereby waives any claims and recourse against Ceram for the use of the submission pursuant to these terms and at Ceram's sole discretion thereafter.
7. Management and Monitoring
Ceram 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. Ceram further reserves the right to restrict or refuse access to the website or disable the client's use of the website. This decision is at Ceram's sole discretion, without notice or liability to the client. All decisions regarding the management of the website are at Ceram's sole discretion and are intended to protect Ceram's rights and property.
8. Privacy Policy
By using the website, the client agrees to be bound by the privacy policy and the terms specifically set forth therein and adopted and incorporated herein. The website is hosted in France. Accessing the website from other regions of the world may result in the applicability of laws, statutes, or regulations different from those of France that govern the collection, use, or disclosure of personal data. The continued use of the website and the transfer of data outside France constitutes the client's express consent to the transfer and processing of data. Ceram does not knowingly accept or solicit information from individuals 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 Ceram without parental consent, Ceram will delete such information as soon as reasonably practicable.
9. Returns and Refunds