Last updated: [7/17/2023]
THIS TERMS OF USE AGREEMENT (the "Agreement") establishes a legally binding contract between RAFT BRASIL LTDA, a limited liability company organized under the laws of the state of Rio de Janeiro, Brazil ("Raft Brasil") and the client, whether personally or on behalf of an entity ("Client"), concerning access and utilization of Raft Brasil's website: [https://www.designbyraft.com](https://www.designbyraft.com%20%28the/) (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 instructed to discontinue use immediately. Thereafter the relationship between Client and Raft Brasil shall cease and have no further force and effect between the parties, except that any obligation of Client to pay Raft Brasil for services rendered shall remain and continue to be an ongoing obligation owed by Client to Raft Brasil.
Unless otherwise indicated, the Website is the property of Raft Brasil 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 Raft Brasil and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of Brazil, 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 Raft Brasil's express prior written permission. Raft Brasil reserves all rights in the Website, Content, and Marks.
Notwithstanding Raft Brasil's 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 Raft Brasil to become the owner of a Project, in whole or in part, rather than Client, Raft Brasil irrevocably and perpetually assigns its entire interest in the Project to Client, without limitation. Client warrants that any and all materials provided to Raft Brasil 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. Raft Brasil 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.
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.
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 Raft Brasil on behalf of the Client. Further, Client agrees to refrain from the following: