These guidelines clarify the legal rights and responsibilities associated with the use of the final design files delivered by ScoBro Brands, LLC DBA Brand Magick ("Brand Magick," "we," "us," or "our").
1. Ownership and Licensing
• Final Design Ownership: Upon receipt of the final payment, Brand Magick transfers full and exclusive perpetual usage rights of the approved final logo and design files to the client for all business and commercial purposes.
• Copyright: Unless otherwise specified in the client contract, the client assumes full copyright ownership of the final, approved logo design upon final payment. This means the client owns the design and can register it as a trademark.
• Original Artwork: Brand Magick retains the right to use the original design concepts, sketches, and files for portfolio, self-promotion, and design competition purposes, but will not resell the final, approved logo design to any other client.
• Third-Party Elements: Brand Magick guarantees that all original design work does not infringe upon existing copyrights.
2. File and Asset Usage Liability
• Final File Acceptance: The client is responsible for thoroughly reviewing and approving all final design files (including colors, dimensions, and text) before signing off on the project completion.
• Accuracy: Brand Magick is not liable for errors or omissions that occur after the final sign-off and file transfer. Any changes requested after final file delivery may be subject to additional fees.
• Client Responsibility: The client assumes all liability for the end-use of the final design files, including ensuring the correct file formats are used for printing, manufacturing, or digital display.
• Trademark Responsibility: While Brand Magick designs a unique mark, the client is solely responsible for conducting necessary legal searches and completing the application and registration process for any desired trademark protection.
3. Usage of Unapproved Work
• No Usage Rights: All initial concepts, sketches, drafts, and designs that are not selected as the final approved logo remain the intellectual property of Brand Magick.
• Prohibition: The client is strictly prohibited from using, copying, reproducing, or selling any concepts, mockups, or design files provided during the process that were not selected for the final delivery. Usage rights are granted exclusively to the single, final approved design.