Terms of Service

Last updated:

Mar 28, 2024

THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between TREND BOOST MEDIA, a limited liability company organized under the laws of Northwood, United Kingdom (“Trend Boost Media”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of Trend Boost Media’s services provided through its website: https://trendboostmedia.co.uk/ (the “Platform”) and any other media form, channel, or mobile application related, linked, or otherwise connected thereto. Failure to agree and adhere to all the terms, conditions, and obligations contained herein results in the express prohibition of the Client’s use of the Platform, and the Client is ordered to discontinue use immediately. Thereafter, the relationship between Client and Trend Boost Media shall cease and be of no further force and effect between the parties, except that any obligation of Client to pay Trend Boost Media for services rendered shall remain and continue to be an ongoing obligation owed by Client to Trend Boost Media.

1. Intellectual Property Rights

Unless otherwise indicated, the Platform is the property of Trend Boost Media and all source code, databases, functionality, software, designs, text, photographs, graphics, and other materials (collectively, “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned and controlled by Trend Boost Media and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation. The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of the Platform 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 Trend Boost Media’s express prior written permission. Trend Boost Media reserves all rights in the Platform, Content, and Marks.

2. Ownership of Materials

All original source files and designs created on behalf of the Client (“Projects”) belong to the Client, and the Client shall be the sole owner of the copyright for all Projects. In the event that any operation of law would cause Trend Boost Media to become the owner of a Project, in whole or in part, rather than the Client, Trend Boost Media irrevocably and perpetually assigns its entire interest in the Project to the Client. The Client warrants that any and all materials provided to Trend Boost Media for use in Projects do not infringe on or misappropriate any third party’s rights, including, but not limited to, all intellectual property rights.

3. Third-Party Fonts and Licenses

If any Project incorporates fonts or materials that are not owned by Trend Boost Media and require a commercial license for the Client to legally reproduce, distribute, or publicly display the Project (“Third-Party Fonts”), Trend Boost Media will inform the Client in writing. The Client will need to purchase one or more licenses from the rights-holder(s) of said Third-Party Fonts. Trend Boost Media will provide sufficient information for the Client to identify which licenses are required and how to purchase them. The Client assumes all responsibility for any consequences arising from a failure to secure the necessary licenses.

4. User Representations

By using the Platform, the Client represents and warrants that:

  • The Client has the legal capacity and agrees to comply with these Terms of Use;

  • The Client is not a minor in the jurisdiction of their domicile;

  • The Client will not access the Platform through automated or non-human means;

  • The Client will not use the Platform for any illegal or unauthorized purpose;

  • The Client’s use of the Platform will not violate any applicable law or regulation.

5. Prohibited Activities

The Client shall not access or use the Platform for any purpose other than that for which it is made available. The Platform may not be used in connection with any commercial endeavors except those related to the work performed by Trend Boost Media on behalf of the Client. The Client agrees to refrain from the following:

  • Make any unauthorized use of the Platform;

  • Retrieve data or content for creating or compiling a database or directory;

  • Circumvent, disable, or interfere with security-related features on the Platform;

  • Engage in unauthorized framing or linking of the Platform;

  • Trick, defraud, or mislead Trend Boost Media or other users;

  • Interfere with, disrupt, or create an undue burden on the Platform or Trend Boost Media’s networks or servers;

  • Use the Platform in an effort to compete with Trend Boost Media;

  • Disparage, tarnish, or otherwise harm Trend Boost Media;

  • Use the Platform in a manner inconsistent with applicable laws.

6. Client Feedback

Client acknowledges that any questions, comments, suggestions, or other feedback or submissions (each a “Submission”) shall be the sole property of Trend Boost Media. Trend Boost Media is under no obligation to keep a Submission confidential or take steps necessary to ensure confidentiality. Trend Boost Media shall be the sole and exclusive owner of all rights related to the Submission except to the extent that rights are granted to the Client under Section 2 (“Ownership of Materials”). The Client waives all claims and recourse against Trend Boost Media for its use of the Submission.

7. Management and Oversight

Trend Boost Media reserves the right to monitor the Platform for violations of these Terms of Use and to take appropriate legal action in response to violations. Trend Boost Media may restrict or deny access to the Platform at its sole discretion without notice or liability to the Client. All decisions regarding the management of the Platform shall be at the sole discretion of Trend Boost Media.

8. Privacy Policy

By using the Platform, the Client agrees to be bound by the Privacy Policy adopted and incorporated herein. The Platform is hosted in the United Kingdom. Access from other regions may result in the applicability of laws differing from those of the United Kingdom, governing personal data collection, use, or disclosure.

9. Returns and Refunds

Trend Boost Media reserves the right to deny refunds at its discretion and without notice or liability to the Client. Refund requests will be assessed on a case-by-case basis. If a refund is deemed appropriate, there may be a fee assigned to the remaining billable period. Trend Boost Media reserves the right to take appropriate legal action against the Client for breach of this section.

10. Modification

Trend Boost Media reserves the right to change, alter, modify, amend, or remove anything or any content on the Platform for any reason at its sole discretion. Trend Boost Media reserves the right to modify or discontinue all or part of the Platform without notice and without liability to the Client.

11. Connection Interruptions

Trend Boost Media does not guarantee or warrant that the Platform will be available and accessible at all times. Issues with hardware, software, or other items may result in interruptions, delays, or errors beyond Trend Boost Media’s control. The Client agrees that Trend Boost Media shall not be liable for any loss, damage, or inconvenience caused by inability to access or use the Platform during any interruptions.

12. Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of Northwood, United Kingdom without regard to conflict of law principles.

13. Litigation

Any legal action shall be brought in the courts of Northwood, United Kingdom. The parties consent to personal jurisdiction in said courts and waive all defenses of lack of personal jurisdiction.

14. Disclaimer

The Platform is provided on an "as-is," "as-available" basis. The Client agrees that its use of the Platform and services is at the Client’s sole risk. Trend Boost Media disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

15. Limitations of Liability and Indemnification

Trend Boost Media and its directors, employees, and agents shall not be liable to the Client or any third party for any direct, indirect, consequential, incidental, special, or punitive damages arising from the Client’s use of the Platform. The Client agrees to defend, indemnify, and hold harmless Trend Boost Media and its subsidiaries from any loss, damage, liability, claim, or demand arising out of: (1) the Client’s use of the Platform; (2) breach of these Terms of Use; or (3) any violation of third-party rights.

16. User Data

The Client is solely responsible for all data transmitted to or related to any activity undertaken using the Platform. Trend Boost Media shall have no liability for any loss or corruption of such data.

17. Electronic Communications, Transactions, and Signatures

The Client consents to receive electronic communications from Trend Boost Media and agrees that all agreements, notices, disclosures, and other communications sent via email or through the Platform satisfy any legal requirement that such communication be in writing.

18. Showcasing Design Work

Trend Boost Media reserves the right to share design work on digital channels, including social media, websites, etc., unless otherwise agreed upon. The Client may issue a non-disclosure agreement (NDA) that would void Trend Boost Media's right to share or discuss the Client's work publicly.

19. Referrals

Referral tracking and payouts are handled through our third-party partner, Rewardful.com.

20. Miscellaneous

These Terms of Use and any policies posted on the Platform constitute the entire agreement and understanding between the Client and Trend Boost Media. If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be severed from the Terms but shall not otherwise affect the validity or enforceability of the remaining provisions. Nothing in these Terms or on the Platform shall be construed to form a joint venture, partnership, employment, or agency relationship between the parties.

21. Contact Information

For any questions or concerns regarding these Terms, please contact us at: Info@trendboostmedia.com.

TBM

TBM