Terms of Service

Last updated: 11/11/2023

This Terms of Service (the “Agreement”) constitutes a legally binding agreement by and between DCNY, Inc., organized under the laws of the state of Delaware (“DCNY”), and the User (“User”).Failure to agree and adhere to all of the terms, conditions, and obligations contained herein results in the express prohibition of the User’s use of the services ("Services"), and immediate discontinuation of service is required. The relationship between User and DCNY shall cease to exist, except for any obligation of User to pay DCNY for services rendered which shall continue to be an ongoing obligation.

1. Intellectual property rights

All content of the website, including software, designs, trademarks, logos, audio, video, and text (collectively, the “Content”) are the property of DCNY and protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, foreign jurisdictions, and international conventions.

2. Ownership of materials

Beyond DCNY’s ownership of request, all original source files created belong to User, and User shall be the sole owner of the copyright for all Projects.

3. Fonts

In the event that any Project incorporates fonts that are not owned by DCNY and require a commercial license for the User to legally reproduce, distribute, or publicly display the Project, DCNY will inform User in writing. The User will need to purchase the appropriate licenses for the Third-Party Fonts. The User assumes all responsibility for any consequences as a result of a failure by the User to purchase one or more licenses for any Third-Party Fonts incorporated into a Project.

4. User representations

By using the website, User represents and warrants that: User has the legal capacity and agrees to comply with these Terms of Service; User is not a minor; User will not access the website through automated or non-human means; User will not use the website for any illegal or unauthorized purpose; User’s use of the website will not violate any applicable law or regulation.

5. Prohibited activities

User shall not access or use the website for any purpose other than that for which the website is made available to the User. The website may not be used in connection with any commercial endeavors except those directly related to the services provided by DCNY.

6. Feedback

User acknowledge and agree that any questions, comments, suggestions, or other feedback (collectively, "Feedback") shall be the sole property of DCNY. DCNY is under no obligation to keep Feedback confidential or take steps necessary to ensure the confidentiality of Feedback.

7. Oversight

DCNY reserves the right to monitor the website for violations of these Terms of Service and to take appropriate legal action in response to a violation of these Terms of Service or any applicable law, statute, or regulation. DCNY further reserves the right to restrict or deny access to the website or disable the User’s use of the website, without notice or liability to User.

8. Returns and refunds

All payments made to DCNY for services are non-refundable, unless otherwise expressly provided in this Agreement. Refunds, if any, shall be issued solely at the discretion of DCNY and will be evaluated on a case-by-case basis.

Upon the initiation of their contract, Customers are required to pay in advance for services to be rendered within the forthcoming month.

In the event that a refund is granted by DCNY, all rights, title, and interest in and to all work product, tangible and intangible, resulting from or related to any work performed by DCNY, including all intellectual property rights, shall be retained by DCNY. Customers are expressly prohibited from using any such work product in any manner or medium, without the express written consent of DCNY.

This policy is intended to encourage fair and equitable treatment of all customers and to ensure the integrity and value of our services. DCNY reserves the right to modify this refund policy at its discretion at any time, and such changes shall be effective immediately upon posting of the modified policy to the website or services.

9. Modifications to Terms of Service

DCNY reserves the right to change, alter, modify, or remove any content on the website for any reason at its sole discretion. DCNY reserves the right to modify or discontinue all or part of the website without notice and without liability to the User.

10. Interruptions

DCNY does not guarantee that the Website will be available and accessible at all times. There may be interruptions, delays, or errors beyond DCNY’s control. User agrees that DCNY shall not be liable for any loss, damage, or inconvenience caused by the User’s inability to access or use the Website during any interruption in service.

11. Governing Law

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

12. Limitations of liability and indemnification

DCNY, its directors, employees, members, contractors, or agents shall not be liable to the User or any third party for any direct, indirect, consequential, incidental, special or punitive damages, including lost profit, lost revenue, lost data, attorneys’ fees, court costs, fines, or other damages or losses arising from User’s use of the website or the services provided by DCNY.

User agrees to defend, indemnify and hold harmless DCNY from and against any loss, damage, liability, claim or demand including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:

(1) Use of the website or the services provided by DCNY
(2) Breach of these Terms of Service
(3) Any breach of User’s representations and warranties set forth herein
(4) User’s violation of the rights of any third party, including but not limited to intellectual property rights.

The User assumes all responsibility and risk for the use of the services provided by DCNY. The User agrees that DCNY is not responsible for any loss or damage of any sort the User may incur from dealing with a third party.

Notwithstanding the foregoing, DCNY reserves the right, at User’s expense, to assume control and defense of any matter for which User is required to indemnify DCNY hereunder. User agrees to cooperate with DCNY in defending such claims.

13. User data

User is solely responsible for all data transmitted to or relating to any activity User has undertaken using the website. DCNY shall have no liability to User for any loss or corruption of any such data.

14. Electronic delivery of materials

User consents to receive electronic communications from DCNY and agrees that all agreements, notices, disclosures and other communications sent via email or through the Website satisfy any legal requirement that such communication be in writing. User agree to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of transactions initiated or completed by DCNY or through the website.

15. Showcasing work

DCNY reserves the right to showcase work on digital channels including social media, websites, etc. unless otherwise agreed upon. User reserve the right to issue a Non-Disclosure Agreement (NDA) to protect sensitive information.

16. Termination

These Terms of Service shall remain in effect until terminated by the User or DCNY. DCNY may terminate these Terms of Service at any time without notice, or may suspend or terminate User’s access to the website at any time for any reason.

17. Contact information

DCNY welcomes User's questions or comments regarding the Terms. Please send any queries or concerns to the following address:

DCNY, Inc.
2093 Philadelphia Pike #3269
Claymont, DE 19703

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