Terms and Conditions

Updated : March 14 2024

1. Introduction

This Terms of Use Agreement (the “Agreement”) constitutes a legally binding agreement between PODLABS, LLC, a limited liability company organized under the laws of the state of Arkansas (“PodKind”), and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of PodKind’s website: https://www.podkind.co/ (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 PodKind shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay PodKind for services rendered shall remain and continue to be an ongoing obligation owed by Client to PodKind.

2. Intellectual Property Rights

Unless otherwise indicated, the Website is the property of PodKind, 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 PodKind 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-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 PodKind’s express prior written permission. PodKind reserves all rights in the Website, Content, and Marks.

3. Ownership of Materials

Notwithstanding PodKind’s ownership of Submissions, as described in Paragraph 6 (“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 PodKind to become the owner of a Project, in whole or in part, rather than Client, PodKind irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation. Client warrants that any and all materials provided to PodKind 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. PodKind 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.

4. Third-Party Fonts

In the event that any Project incorporates fonts that are not owned by PodKind and require a commercial license to legally reproduce, distribute, or publicly display the Project (“Third-Party Font(s)”), PodKind will inform 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 to legally reproduce, distribute, or publicly display the Project. Said notice will include information sufficient for Client to identify which licenses are required and whom to contact to purchase said licenses. So long as PodKind has informed Client of the incorporation of Third-Party Fonts as described above, Client assumes all responsibility for any consequences resulting from a failure by Client to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.

5. 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.

6. 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 related to the work performed by PodKind on behalf of the Client. Further, Client agrees to refrain from the following:

• Making any unauthorized use of the Website.