THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between JBW, UNIPESSOAL LDA, a Portuguese company (“Jackie Brown”) with VAT 516 963 939, and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of Jackie Brown’s website: https://www.jackiebrown.works/ (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 Jackie Brown shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Jackie Brown for services rendered shall remain and continue to be an ongoing obligation owed by Client to Jackie Brown.
1. Intellectual Property Protection
Unless otherwise indicated, the Website is the exclusive property of Jackie Brown. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics, irrespective of their format (collectively and individually referred to as the “Content”), as well as the trademarks, service marks, and logos contained therein (collectively referred to as the “Marks”), are owned and controlled exclusively by Jackie Brown. They are protected by copyright, trademark, and any other applicable intellectual property law or regulation under Portuguese law, European legislation, and international conventions.
The Content and Marks are provided on an “As-Is” basis for informational and personal usage only. Except as explicitly stated herein, no portion of the Website or its Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial intention, without the express prior written consent of Jackie Brown. Jackie Brown retains all rights associated with the Website, Content, and Marks.
Any unauthorized use or distribution of the Content or Marks may result in legal consequences under Portuguese and European intellectual property laws, as well as other applicable regulations. The users of the Website are urged to respect these rights.
All personal data collected through the Website shall be processed in accordance with the General Data Protection Regulation (GDPR) and other relevant Portuguese data protection laws, ensuring utmost care and protection of user data.
2. Rights and Ownership of Materials
All designs, graphics, and original source files crafted for the Client ("Projects") become the exclusive property of the Client once full payment is settled. However, Jackie Brown shall forever be acknowledged as the creator of these designs. Notwithstanding the ownership stipulated herein, Jackie Brown reserves the right to utilize, replicate, and showcase any of these designs for promotional and marketing activities, unless a contrary agreement is explicitly reached.
Upon the completion of any given Project, the Client is recognized as the sole owner of all copyrights associated with the said Project. While the ownership rights are transferred to the Client, the integrity of the original designs, especially logos, must be preserved. The Client is prohibited from altering, modifying, or redesigning the original creations without the explicit consent of Jackie Brown. Should any legal circumstance or mechanism inadvertently assign ownership or any rights pertaining to a Project to Jackie Brown, Jackie Brown commits to irrevocably and perpetually reassign any such interests back to the Client, without reservations.
The Client guarantees that any materials submitted to Jackie Brown for inspiration, reference, or direct integration into a Project are lawfully owned by the Client. Moreover, the Client ensures that these materials don't breach or misappropriate any third-party rights, especially concerning intellectual property rights or rights to publicity.
Unless explicitly specified otherwise, as detailed in section 18 of this document, Jackie Brown always maintains the prerogative to share and display the Client's design work on public platforms, including but not limited to social media channels and the official website.
For clients who prioritize a higher degree of confidentiality and wish to have their projects exempt from any public showcasing by Jackie Brown, a separate Non-Disclosure Agreement (NDA) can be arranged. Recognizing the potential business opportunities that may be lost due to not displaying the work, an exclusivity fee will be levied. This fee will be calculated based on the nature and scope of the project, as well as the expected duration of the confidentiality clause. Our aim with this exclusivity fee is to strike a balance between equitable business practices and the utmost respect for our client's privacy needs. Detailed terms, conditions, and the amount of the fee will be mutually discussed and formalized in the written NDA.
3. External Fonts and Licensing
Should any design encompass fonts that are not the property of Jackie Brown and necessitate a commercial license for the Client to legally reproduce, distribute, or display the design, Jackie Brown will duly notify the Client in writing. This notification will detail the incorporation of such Third-Party Font(s) and will highlight the Client's obligation to purchase the requisite licenses for these fonts from the respective rights-holder(s).
The provided notice will contain sufficient information enabling the Client to discern which licenses are mandatory and the relevant parties to be contacted for the acquisition of said licenses.
As long as Jackie Brown has adequately informed the Client of the inclusion of Third-Party Fonts, the Client then assumes full responsibility for any implications that may arise due to any oversight or failure on their part to procure the necessary licenses. Jackie Brown will offer guidance in this process but will not bear any liability for infringements resulting from unauthorized usage by the Client.