TERMS OF USE AGREEMENT

THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between VISIONS, a [describe legal structure, e.g., private company] organized under the laws of South Africa (“VISIONS”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of VISIONS’s website: www.visions-creative.co.za (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 VISIONS shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay VISIONS for services rendered shall remain and continue to be an ongoing obligation owed by Client to VISIONS.

1. Intellectual Property Rights

Unless otherwise indicated, the Website is the property of VISIONS 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 therein (the “Marks”) are owned and controlled by VISIONS and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of South Africa, 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 VISIONS’s express prior written permission. VISIONS reserves all rights in the Website, Content and Marks.

2. Ownership of Materials

Notwithstanding VISIONS’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 VISIONS to become the owner of a Project, in whole or in part, rather than Client, VISIONS irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation. Client warrants that any and all materials provided to VISIONS 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. VISIONS 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 VISIONS and require a commercial license for the Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Fonts”), VISIONS will inform Client in writing. This notification will include information sufficient for Client to identify which licenses are required and who to contact to purchase said licenses. Client assumes all responsibility for any consequences as a result of a failure to purchase 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 of South Africa.

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 that are specifically endorsed or approved by VISIONS. Furthermore, Client agrees not to:

• Make any unauthorized use of the Website;
• Retrieve data or content for the purposes of creating or compiling a database or directory without VISIONS’s express consent;
• Circumvent, disable, or otherwise interfere with security-related features of the Website;