1. Interpretation and Definitions
1.1. Interpretation
The words with initial capital letters have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
1.2. Definitions
For the purposes of these Terms of Use:
- «Agency» (also «We,» «Us,» «Our,» «After Comma») refers to the legal entity that owns and operates the website https://www.aftercomma.agency/.
- «Site» refers to the website https://www.aftercomma.agency/, operated by the Agency.
- «Agreement» refers to these Terms of Use, which form a legally binding agreement between You and the Agency.
- «Device» means any device that can access the Site, such as a computer, mobile phone, digital tablet, or smart TV.
- «User» (also «You,» «Your») means a natural or legal person accessing or using the Site. In the context of this Agreement, the User is the party agreeing to the terms of the Agreement.
- «Content» means all types of information, materials, and works posted on the Site, including but not limited to: texts, articles, images, graphics, logos, photographs, audio and video materials, software, databases, interfaces, design, and their selection and arrangement.
- «User Materials» means any materials, information, content, ideas, feedback, suggestions, or requests that the User voluntarily provides, uploads, or transmits through the Site.
- «Privacy Policy» means the document describing the Agency’s policy regarding the collection, use, and disclosure of the User’s Personal Data when using the Site. [Link to Privacy Policy]
- «Cookie Policy» means the document describing the types of cookies used on the Site and how the User can manage their preferences. [Link to Cookie Policy]
- «Personal Data» means any information relating to an identified or identifiable natural person.
- «Services» means services in the field of UX/UI design, web development, branding, and other professional services offered by the Agency, information about which is posted on the Site.
2. Acceptance of Terms
These Terms of Use govern your access to and use of the Site. By using our Site, you confirm that you have read, understood, and unconditionally agree to comply with the terms of this Agreement, as well as our Privacy Policy and Cookie Policy, which are incorporated into this Agreement by reference and constitute an integral part hereof.
If you disagree with any provisions of this Agreement, you are prohibited from using this Site.
3. Changes to the Agreement
We reserve the right, at our sole discretion, to change, modify, or otherwise update this Agreement at any time. We will notify you of any changes by posting the updated Agreement on this page and updating the «Last Updated» date. Your continued use of the Site after such changes are posted constitutes your acceptance of those changes. We recommend reviewing this page periodically.
4. Intellectual Property
Ownership Rights: All Content posted on the Site is the exclusive property of After Comma Agency, its licensors, or other providers of such Content and is protected by intellectual property laws, including copyright and trademark law.
Limited License: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and Content solely for your personal or internal business purposes. You are not permitted to:
- Copy, modify, create derivative works, republish, download, post, transmit, or distribute any Content without our express written consent.
- Use any Content for commercial purposes without our prior written consent.
- Remove any copyright or other proprietary notices from any Content.
- Use the trademarks, logos, or branding of After Comma Agency without our prior written consent.
5. Prohibited Activities
You agree not to engage in the following prohibited activities:
- Violate any applicable law, regulation, or the rights of third parties.
- Engage in harassment, threats, intimidation, or stalking.
- Infringe any intellectual property rights, including copyrights, trademarks, patents, or trade secrets of After Comma or any third parties.
- Interfere with the security features of the Site or Services, including but not limited to:
- Attempting to probe, scan, or test the vulnerability of any system or network.
- Attempting to bypass any security or authentication measures.
- Accessing or searching the Site by any means other than the publicly available interfaces.
- Interfere with the proper functioning of the Site or Services, including but not limited to:
- Uploading or transmitting viruses, malware, or any other malicious code.
- Placing an unreasonable load on our infrastructure by placing undue stress on our systems (e.g., via DDoS attacks).
- Using any robots, spiders, scrapers, or other automated means to access the Site for any purpose without our direct written permission.
- Using the Site to generate or send unsolicited commercial communications («spam»).
6. Privacy
Your privacy is very important to us. Any Personal Data you provide through the Site is processed in accordance with our Privacy Policy. You hereby consent to our Privacy Policy.
7. User Materials
Any User Materials that you voluntarily provide to us through the Site are not considered confidential. We have no obligation to maintain the confidentiality of such User Materials.
By providing us with User Materials, you:
- Warrant that you have the right to do so and that they do not infringe the rights of third parties.
- Grant us a non-exclusive, worldwide, irrevocable, royalty-free license to use, copy, modify, create derivative works from, publish, and distribute those User Materials for any lawful purpose, without any obligation to you or any third party.
8. Termination
We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms of Use.
Upon termination, your right to use the Services will cease immediately. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
9. Disclaimer of Warranties
The Site and its Content are provided on an «AS IS» and «AS AVAILABLE» basis. After Comma expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Agency does not warrant that: the Site will function uninterrupted, securely, or error-free; that any defects will be corrected; or that the Site and its servers are free of viruses or other harmful components.
10. Limitation of Liability
To the fullest extent permitted by law, our total liability shall not exceed the greater of (a) one hundred U.S. dollars ($100) or (b) the amount you paid us, if any, in the past twelve months.
11. Indemnification
You agree to defend, indemnify, and hold harmless After Comma, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your User Content, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Site.
12. Governing Law and Dispute Resolution
- Governing Law: These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.
- Exclusive Jurisdiction: You hereby agree to the exclusive jurisdiction and venue of the state and federal courts located in New York for all disputes arising out of or relating to the use of this Site or these Terms of Use.
- Notwithstanding the above, the processing of users’ personal data is governed by our Privacy Policy and applicable data protection laws.
13. DMCA Notice and Copyright Infringement Claims
We respect intellectual property rights. If you believe that any content on the Site infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our designated agent with the following information:
- Your physical or electronic signature
- Identification of the copyrighted work claimed to have been infringed
- Identification of the material that is claimed to be infringing and its location
- Your contact information
- A statement that you have a good-faith belief that the disputed use is not authorized
- A statement that the information you provide is accurate and that you are authorized to act on behalf of the copyright owner
DMCA Agent: info@aftercomma.agency
14. Arbitration Agreement and Class Action Waiver
You agree that any dispute arising out of or relating to this Agreement or your use of the Site shall be resolved through binding individual arbitration, and not in court.
You further agree that you may bring claims only in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.
You hereby waive any right to a jury trial.
15. Website Changes
We may update, modify, suspend, or discontinue any part of the Site at any time without notice.
16. Contact Information
If you have questions about these Terms of Use, please contact us:
- Email: info@aftercomma.agency
- Via the contact form on the Site: aftercomma.agency