Terms of Use

THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between HiFi Designs, LLC, a Colorado-based company (“HiFi Designs”), and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of HiFi Designs’ website: hifidesigns.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 HiFi Designs shall cease, except that any obligation of Client to pay HiFi Designs for services rendered shall remain and continue as an ongoing obligation owed by Client to HiFi Designs.

1. Intellectual Property Rights

Unless otherwise indicated, the Website is the property of HiFi Designs 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 HiFi Designs 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 “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 HiFi Designs’ express prior written permission. HiFi Designs reserves all rights to the Website, Content, and Marks.

2. Ownership of Materials

Notwithstanding HiFi Designs’ 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 HiFi Designs to become the owner of a Project, in whole or in part, rather than Client, HiFi Designs irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation. Client warrants that any and all materials provided to HiFi Designs as examples or material to be incorporated into a project during the design process are owned by the 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. HiFi Designs reserves the right to share the Client’s design work publicly (via social media, website, etc.) unless agreed otherwise 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 HiFi Designs and require a commercial license in order for the Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), HiFi Designs will inform the Client in writing that one or more Third-Party Fonts have been incorporated into the Project and that Client will need to purchase one or more licenses for the Third-Party Fonts from the rights-holder(s) of said Third-Party Fonts in order 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 in order to purchase said licenses. So long as HiFi Designs has informed Client of the incorporation of Third-Party Fonts as described above, Client assumes all responsibility for any consequences as a result of a failure by 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

The Client shall not access or use the Website for any purpose other than that for which the Website is made available. The Website may not be used in connection with any commercial endeavors except those related to the work performed by HiFi Designs 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 HiFi Designs or other users;

• Interfere with, disrupt, or create an undue burden on the Website or HiFi Designs’ networks or servers;

• Use the Website in an effort to compete with HiFi Designs;

• Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website.

6. Client Feedback

The Client acknowledges and agrees that any questions, comments, suggestions, or other feedback or submission (each a “Submission”) shall be the sole property of HiFi Designs, and HiFi Designs is under no obligation to keep a Submission confidential or take steps necessary to ensure the confidentiality of a Submission. HiFi Designs shall be the sole and exclusive owner of all rights related to the Submission, except to the extent that rights are granted to the Client under Paragraph 2 (“Ownership of Materials”), and shall at its sole and unrestricted discretion use and disseminate a Submission for any lawful purpose without permission, acknowledgment, or compensation to the Client.

7. Management and Oversite

HiFi Designs reserves the right to monitor the Website for violations of these Terms of Use and to take appropriate legal action in response to any violation of these Terms or applicable laws, statutes, or regulations. HiFi Designs further reserves the right to restrict or deny access to the Website or disable the Client’s use of the Website at its sole discretion, without notice or liability to the Client. All decisions regarding the management and operation of the Website shall be made by HiFi Designs, aimed at protecting its rights and property.

8. Privacy Policy

By using the Website, the Client agrees to be bound and abide by the Privacy Policy adopted by HiFi Designs. The Website is hosted in the United States of America. Access to the Website from other regions of the world may result in the applicability of laws, statutes, or regulations differing from those of the United States which govern personal data collection, use, or disclosure. The Client’s continued use of the Website and transfer of data to the United States constitutes express consent of the Client to the transfer and processing of data in the United States. HiFi Designs does not knowingly accept or solicit information from individuals under the age of 18.

9. Returns and Refunds

HiFi Designs reserves the right to deny refunds at its discretion and without notice or liability to the Client. Refund requests are assessed on a case-by-case basis. Should the Client request a refund during the first month of use, all materials produced by HiFi Designs are the property of the company and may not be used by the Client in any way.

10. Modification

HiFi Designs reserves the right to change, alter, modify, amend, or remove any content or features on the Website at its sole discretion, for any reason. HiFi Designs also reserves the right to modify or discontinue all or part of the Website without prior notice and without liability to the Client.

11. Connection Interruptions

HiFi Designs does not guarantee or warrant that the Website will be available and accessible at all times. Technical issues with hardware, software, or other systems may result in interruptions, delays, or errors beyond HiFi Designs’ control. The Client agrees that HiFi Designs shall not be liable for any loss, damage, or inconvenience caused by the Client’s inability to access or use the Website during any interruption or disruption of service.

12. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to conflict of law principles.

13. Litigation

Any legal action of whatever nature shall be brought in the state courts of Colorado or in the United States District Court for the District of Colorado. The parties hereto consent to personal jurisdiction in said courts and waive all defenses of lack of personal jurisdiction with respect to venue and jurisdiction.

14. Disclaimer

The Website is provided on an as-is, as-available basis. HiFi Designs makes no warranties or representations about the accuracy or completeness of the Website or any content thereon, and assumes no liability for any errors, mistakes, or inaccuracies of content.

15. Limitations of Liability and Indemnification

HiFi Designs and its directors, employees, independent contractors, or agents shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from the Client’s use of the Website.

16. User Data

The client is solely responsible for all data transmitted to or that relates to any activity Client has undertaken using the Website. Good Time shall have no liability to Client for any loss or corruption of any such data and Client hereby waives any right of action against Good Time from any such loss or corruption.

17. Electronic communications, transactions, and signatures

The Client agrees to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by HiFi Designs or through the Website.

18. Showcasing Design Work

HiFi Designs reserves the right to share design work on digital channels including social media and websites unless agreed upon otherwise.

19. Miscellaneous

These Terms of Use and any policies posted on the Website constitute the entire agreement between the Client and HiFi Designs. If any provision is determined to be unlawful or unenforceable, that provision shall be severed from these Terms.

20. Contact Information

For any questions or complaints regarding the Website, please contact HiFi Designs at:

hifi.design.co@gmail.com