Terms of Service
1. Introduction
Welcome to Chicken Road Design. These Terms of Service ("Terms") govern your use of the Chicken Road Design website (the "Site"), services, and products (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not access or use our Services.
Our Services are provided by Chicken Road Design ("we," "us," or "our"), a professional web and game design studio. These Terms constitute a legally binding agreement between you and Chicken Road Design.
2. Use of Services
You agree to use our Services only for lawful purposes and in accordance with these Terms. You are prohibited from using our Services:
- In any way that violates any applicable federal, state, local, or international law or regulation.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate Chicken Road Design, a Chicken Road Design employee, another user, or any other person or entity.
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Chicken Road Design or users of the Services or expose them to liability.
3. Intellectual Property Rights
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Chicken Road Design, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
4. User Content
Our Services may allow you to post, submit, publish, display, or transmit content to be reviewed by other users of the Services or by us ("User Content"). All User Content must comply with the Content Standards set out in these Terms.
Any User Content you post to the site will be considered non-confidential and non-proprietary. By providing any User Content on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
You represent and warrant that:
- You own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
- All of your User Content does and will comply with these Terms.
5. Client Projects and Deliverables
For clients engaging our design services, additional terms will be provided in a separate service agreement. Generally, upon full payment for our services, clients will receive ownership rights to the final deliverables as specified in their individual contracts.
However, Chicken Road Design retains ownership of all preliminary designs, concepts, and other materials developed during the design process but not selected as final deliverables, unless otherwise specified in writing.
We reserve the right to display and link to your completed project as part of our portfolio and to write about the project on websites, in magazine articles, and in books about design unless specifically prohibited by a non-disclosure agreement.
6. Payment Terms
Fees for our services will be outlined in individual proposals or agreements. Unless otherwise specified, payment schedules typically require:
- 50% of the total project fee due before work begins
- Remaining 50% due upon completion but prior to the release of final deliverables or launch
Late payments may incur a fee of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection.
We reserve the right to pause or terminate work on projects with outstanding balances.
7. Revisions and Additional Services
Our project quotes typically include a set number of revision rounds as specified in your proposal. Additional revisions or services beyond the scope outlined in your agreement will be billed at our standard hourly rate.
Any changes to the scope of work must be documented in writing and may result in timeline adjustments and additional fees.
8. Limitation of Liability
IN NO EVENT WILL CHICKEN ROAD DESIGN, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
9. Indemnification
You agree to defend, indemnify, and hold harmless Chicken Road Design, 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 or your use of the Services.
10. Governing Law and Jurisdiction
All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto, shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in the City of San Francisco and County of San Francisco, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.
11. Modifications to the Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter.
Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
12. Contact Information
If you have any questions about these Terms, please contact us at:
Chicken Road Design
123 Crossing Lane, Suite 456
San Francisco, CA 94107
Email: [email protected]
Phone: (555) 123-4567