PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION OF YOUR USE OF ANY PRODUCT OR SERVICE OF DESIGNS.NET.
This License is an agreement between DESIGNS.NET Pte Ltd ("DESIGNS.NET") conducting business or transactions through and as DESIGNS.NET.COM (“the Site”) and the user ("You") who downloads Product (as defined below) from any of the Site. You may not allow anyone else to use your username or password. Each use/activity/transaction originating from Your username/account will be attributed to and, be held responsible by You, regardless of whether such use/activity/transaction was known to or approved by You. You must not use any automated means to access, log-in or register accounts on the Site.
You understand that the Product is copyrighted and may be owned by a third party, partner/contributor or supplier, and any unauthorised use by You may be an infringement of such copyright. We reserve the right to amend, change, alter, substitute or otherwise modify the terms and conditions of this Agreement (and other terms and conditions, guidelines or policies at the Site) at any time ("Update"). Each Update will be dated and indicated on the Site, and such indication shall serve as effective notification to You. Continued (i) download of Product from the Site (or receipt of Product from DESIGNS.NET or its approved affiliates, upon request); or (ii) registration of user account, after two (2) weeks of such Update will constitute your unconditional acceptance of the Update.
You have agreed to be bound by the terms and conditions of this Agreement and by downloading any of the Product from DESIGNS.NET, You acknowledge that You have read, understood, and accepted the terms and conditions of this Agreement.
If You are purchasing on behalf of a licensee ("Licensee"), You hereby represent and warrant that You are authorized to act on behalf of such Licensee and have full authority to bind the Licensee to this Agreement. If the Licensee fails to abide by the Agreement, You shall be personally and fully liable on a joint and several basis for such failure and any resulting damage or claim. For the purpose of this Agreement, all terms and conditions of the Agreement as applicable to You shall apply equally to the Licensee (as the case may be).
DESIGNS.NET represents to the best of its knowledge that it owns all rights or has all requisite authority, including all copyrights, in and to the Product or, is authorized to license the Product under the terms and conditions of this Agreement; provided, however, that such representation will be deemed inapplicable with regards to Product which is found to be subject to the ownership or rights of any third party (other than DESIGNS.NET) without the reasonable knowledge or fault of DESIGNS.NET. The copyright and all other rights of the Product shall remain with DESIGNS.NET and its respective suppliers. However such representation will be deemed inapplicable with regards to Product which does not carry the corresponding model / property release in relation to the Product which prevents the Product from the intended use.
DESIGNS.NET and the Product are made available to you "AS IS", "AS AVAILABLE", and "WITH ALL FAULTS". DESIGNS.NET, its employees, directors, and officers, and anyone else associated with DESIGNS.NET disclaims, to the fullest extent permitted by law, any and all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, or that your usage of DESIGNS.NET will be uninterrupted, error free of computer viruses or other damaging materials. When you access and acquire the Product, you do so at your own risk. DESIGNS.NET, its employees and officers, and anyone else acting on behalf of DESIGNS.NET also disclaims any and all common-law duties, including without limitation duties of reasonable care and workmanlike effort. DESIGNS.NET, its employees, directors, and officers, and anyone acting on behalf of DESIGNS.NET make no representation or warranty as to your right to use any individual's name, likeness, and/or image appearing in the Product without first obtaining appropriate rights from such individual.
Licensee Representation - You represent and warrant that:
Subject to the terms herein, DESIGNS.NET grants You a non-exclusive, royalty-free, worldwide, perpetual, non-transferable sub-license/license to use, Reproduce, modify, publish and display downloaded Product according to the terms and condition of this Agreement.
Single User Account Only.
This Agreement only allows the creation and registration of a Single User Account. You may not allow anyone else to use Your username or password.
"Product" is defined as templates, banners, infographics, mock-ups, vectors, and such other content from time to time that constitute the Product from DESIGNS.NET or its authorized contributors which have been made available on the Site.
"Licensed Work" means the genuine end-product or end derivative work that has been created by or on behalf of You or Your client, using independent skill and effort and that incorporates the Product and other material, and which Product shall be inseparable (to the extent commercially and reasonably possible) from the Licensed Work to be Standalone Product.
"Reproduce(d)" means any form of copying or publication of the whole or a part of any Product by whatever means (which includes distortion, alteration, cropping, editing, incorporation or manipulation of any part of the Product to create a finished derivative product (the Licensed Work).
"Standalone Product" means the unaltered and unmodified Product in the original form downloaded from the Site, including the same Product at a different resolution.
Permitted uses include the use, modification, Reproduction and/or display of Product (in each case, without any rights of resale) in relation to the following Licensed Works:-
|Uses||Examples of Licensed Works|
|Advertising / Marketing / Promotions (Business & Commercial Purposes)||
|Social Media Websites & Applications||
|Design Elements & Art||
To facilitate Your use of the Product to Reproduce Licensed Works, You may also:
Client Work: utilize Product to produce Licensed Works on behalf of clients (e.g., advertisements by a graphic designer).
Procurement: obtain the License to Product on behalf of the client, provided the client is similarly fully subject to and bound by the terms of the License.
Representative: obtain the License on behalf of Your employer, company, group or affiliate, provided such other party is similarly fully subject to and bound by the terms of the License.
Subcontract: transfer the Product obtained from the Site to Your subcontractors or employees temporarily to produce Licensed Works strictly on Your behalf, provided such other party abides by the restrictions in this License.
Other than as specifically permitted in paragraphs 7 and 8 herein, You may NOT:
|Sublicense, sell or transfer any rights in License||
|Sell, share, license, assign or distribute the Product||
|Infringe DESIGNS.NET’s Intellectual Property Rights||
|Extract Product Illegally||
|Use Product Illegally or in a way that would bring DESIGNS.NET into disrepute||
|Use Product to Derogate Persons / Property||
|Resell Licensed Works||
You understand and agree that DESIGNS.NET may, in its sole discretion:
This License is effective until it is terminated. You can terminate this Agreement by:
DESIGNS.NET can terminate this Agreement without notice to You if You fail to comply with any of the terms and conditions of the Agreement. Upon such termination, You must immediately carry out paragraphs 11(a) and (b) above with or without further notice by DESIGNS.NET and confirm in writing to DESIGNS.NET that the foregoing requirements have been completed.
You agree that neither DESIGNS.NET nor their respective affiliates, nor any of their respective officers, directors, employees, owners, agents, representatives, licensors and (sub)licensees (other than You), shall be liable for any general, punitive, special, incidental, indirect or consequential damages or loss of profits or any other damages, costs or losses arising from any use or non-use of the Product even if such parties have been advised, or advised of the possibility, of such damages.
THE PRODUCTS AND SITE ARE PROVIDED "AS IS, AS AVAILABLE, WITH ALL FAULTS" BASIS AND, EXCEPT AS EXPRESSLY SET FORTH IN THIS LICENSE, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Notwithstanding anything to the contrary in this License, You agree to fully defend, indemnify and hold DESIGNS.NET and its officers, directors, employees, owners, agents, representatives, licensors, and anyone else associated with DESIGNS.NET and each of their successors, (sub)licensees (other than You), and assigns free and harmless from any and all claims (including, without limitation, third party claims), liabilities, costs, losses, damages, or expenses, including reasonable attorneys' fees and expenses, arising in connection with Your use of the Product and the Site or any breach or alleged breach of any representation, warranty, or other promise / obligation made by You in this License.
Provided that You have not breached the terms of this License, DESIGNS.NET agrees to defend, indemnify, and hold You harmless up to the Liability Cap (defined below). Such indemnification shall only apply to claims for damages directly attributable to DESIGNS.NET' breach of the warranties and representations in this Agreement, together with the expenses (including reasonable attorneys' fees), arising out of or directly connected to any valid actual or threatened third party lawsuit, claim, or legal proceeding alleging that the possession, distribution, or use of unaltered Product downloaded and used by You pursuant to this Agreement violate DESIGNS.NET' warranties and representations contained herein. This indemnification is on the condition that You give DESIGNS.NET:
DESIGNS.NET shall not be responsible for any claim settled without DESIGNS.NET' consent or any legal fees and/or other costs incurred prior to receiving complete notification of the claim as provided herein.
DESIGNS.NET' maximum aggregate obligation and liability to You for all claims (assessed collectively) under paragraph 14 shall be limited to Twenty-Five Thousand United States Dollars (US$25,000.00) or the total amount of the license fees paid by You for the Product whichever the lower ("Liability Cap").
You shall be entitled to license the Product at the rates and/or pricing as per check out. This rate and/or pricing may be reviewed and amended by DESIGNS.NET from time to time, in its sole discretion.
The representations and the warranties made by DESIGNS.NET in this Agreement apply only to the Product as delivered by DESIGNS.NET and will be invalid if the Product is used by You in any manner not specifically authorized in this Agreement or if You are otherwise in breach of this Agreement.
Governing Law and Dispute Resolution.
You shall not assign Your rights or interests under this Agreement to any third party without the DESIGNS.NET prior written consent in each instance; except that You may assign Your rights, interests and obligations hereunder to any similarly financially responsible entity that is either (i) an affiliate of You, (ii) the surviving entity of a merger, consolidation or plan or reorganization in which You participates, or (iii) to the purchaser of all or substantially all of the assets of You, provided such assignee agrees to assume in writing such Your rights and obligations under this Agreement.
No Third Party Rights.
Any person who is not a party to this Agreement (whether or not such person is named, referred to, or otherwise identified, or shall form part of a class of persons so named, referred to or identified, in this Agreement) shall have no right whatsoever to enforce this Agreement or any of its terms.
This Agreement constitutes the entire agreement between You and DESIGNS.NET regarding its subject matter. Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to most closely give effect to the parties' intention. Failure by either party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.
This Agreement is written in English with a reference translation in another language (if necessary). In the event of any conflict in interpreting or construing the terms of this Agreement, the English version shall prevail.
You have agreed and reaffirm Your agreement to this License electronically by downloading the Product.
Additional Terms and Conditions of Use
In addition to the Terms and Conditions of Use between You and DESIGNS.NET, You hereby agree to the following additional terms and conditions for any extended license of Products. All capitalized terms contained herein shall have the same meaning as defined in the Terms and Conditions of Use.
Extended Permitted Usage
In addition to the Standard Permitted Usage, You are entitled with unlimited print run to:
THIS IS AN AGREEMENT BETWEEN SERVICE PROVIDER (“YOU”) AND DESIGNS.NET PTE LTD, A COMPANY INCORPORATED IN SINGAPORE THAT OWNS DESIGNS.NET (COLLECTIVELY, “DESIGNS”). THIS AGREEMENT APPLIES TO THE USE OF DESIGNS’ CREATIVE PLATFORM TO SELL / OFFER YOUR SERVICES (“YOUR SERVICE”) (“SITE”).
Applicable Deductions has the meaning ascribed to it in Clause 8(c).
Created Work means the work / product created by You in accordance to the Service Provider Services purchased by the buyer.
Designs Parties means Designs, its respective officers, directors, employees, agents, representatives, officers, shareholders, advisors and anyone else associated with Designs.
IPR means copyright, trademark, intellectual property rights, privacy rights, publicity rights, trade secrets, confidentiality or any other proprietary right of any party or third party.
Payout means payment due to You (less any Applicable Deductions) from selling Your Service based on Designs Payout Structure as per Clause 8(a), as may be revised by Designs, at its sole discretion, from time to time.
PayPal (www.paypal.com) is an account-based system that lets anyone with an email address securely send and receive online payments using their credit card or bank account.
Service Provider means any individual that have accepted this Agreement, has successfully cleared the ID verification process as per Clause 4 and has been approved by Designs to sell / offer Your Service on the Site.
Services mean the creative platform, a communication medium / platform for the buyer and Service Provider to communicate and online services.
Your / Service Provider Services means the services You are selling / offering (e.g. editing / designing / creating logo, business cards, letterheads, templates etc.) on the Site.
You have the rights and obligation to determine: (i) the timeline to deliver the Created Work; and (ii) price of Your Services, however You must ensure that You use Your best effort to produce the Created Work.
Once a buyer orders Your Service, You must respond within 24 hours, whether You want to accept such order. If You do not respond within the said 24 hours, the said order will automatically be deemed rejected. In the event You decide to accept such order, You must carry out Your Services in a diligent manner. You are allowed to update Your Service(s) description page at any time.
You are obligated to produce the Created Work in a diligent and professional manner to the best of Your ability, according to Your Service(s) description page and the creative brief provided by the buyer.
You are required to submit at least one (1) valid means of Government-Issued identification to Designs during account creation, as follows:
driver’s license; or
certificate of incorporation (companies and organizations).
Scanned proof of identification can be uploaded via the Site.
Designs reserves the right not to:
process Your payments until valid identification has been submitted and approved;
reinstate any account / membership that has been de-registered / revoked; and/or
approve Your account.
Disclosure of Identification
Designs will not rent, sell, or share personal information about You with other parties or non-affiliated companies, unless Designs is required to do so by law, or in good faith.
Privacy and Security of Personal Information
Designs will only accept personal identification documents through secure upload process within the Site.
Designs will take all necessary and reasonable security measures and precautionary protocols to ensure that all Service Provider’s documents used to verify the identity of the Service Provider remains undisclosed from unauthorized third parties.
Designs shall have the rights to remove Your Services from Designs at any time, with / without cause, at our sole discretion.
You have the option to provide Your Services exclusively on Designs (i.e. You would not be able to provide the same Services at any other websites / platforms if You choose to provide the Service exclusively on Designs). By selecting to provide Your Service exclusively on Designs, You will receive higher Payout as compared to the Service Providers who are providing their Services on a non-exclusive manner on Designs. Please refer to the Designs’ Payout Structure show in Clause 8(a) below.
Subject to Clause 8(c) below, Designs shall pay You based on the Designs’ Payout Structure below. Unless otherwise stated, all payments made will be in US Dollars.
|Service Provider Status||Payout|
|Non-Exclusive Service Provider||Seventy percent (70%) of net price of Your Service|
|Exclusive Service Provider||Seventy five percent (75%) of net price of Your Service|
You have the sole responsibility to pay any applicable and relevant taxes imposed by the government of the relevant country(ies) pursuant to this Agreement. You hereby represent and warrant to comply with any relevant country(ies)’s taxation laws.
Any Payout to be paid to You by Designs are subject to the following adjustments / deductions:
any applicable taxes or withholdings, at the sole opinion of Designs, is required by Designs to withheld, deduct or paid from any of Your Payout pursuant to any applicable law, regulation or treaty (however, Designs shall not be responsible in any way for Your tax obligations);
any refunds, cancellation or disputes of Your Services and/or Created Work by the buyer for any reasons whatsoever;
any other reasonable expenses attributable to You in the course of enforcing this Agreement;
any prior overpayment of Payout by Designs to You;
any Additional Transaction Fees (as seen in Clause 10(b)); and
any other amount due from You to Designs,
(collectively known as “Applicable Deductions”)
Your account will only be updated: (i) once You and the respective buyer click on the “I’m Satisfied” button after the buyer have received the Created Work; or (ii) after 24 hours from the time the Created Work has been delivered to the buyer if the buyer did not click on the “I’m Satisfied” button. The total amount payable will only be shown by the 15th of each month. Payment will only be made if the total amount meets the Minimum Payout Thresholds below. If the total amount payable does not meet such threshold, the amount will be carried forward and accumulated in the following month. Payments are automatic and do not need to be requested.
The minimum payout is $50.
Transaction Fees: Changes to Your payment address may result in processing payment problems / delay, and cause additional processing fees / bank transaction charges (if any) to be incurred (“Additional Transaction Fees”). If the Additional Transaction Fees (if any) was not incurred through any fault of Designs, Designs may charge a processing fee equivalent to the Additional Transaction Fees in processing and making payments to You by netting off such Additional Transaction Fees when payments are made.
Account Cancellations and Sums Remaining: If You cancel Your account before You reach Your Minimum Payout Threshold, the amount in Your account will be forfeited.
Modification: Designs reserves the right to modify the Payout rate and/or payment processing and/or payment delivery schedule at any time and notify You by email of the change.
Payment Schedule: All payments are made on or after the 15th following the month that Your Minimum Payout Threshold is reached. Example, if You reached US$100.00 worth of Payouts by end February, Designs will pay You US$100.00 by the 3rd week of March.
Customer Refunds and Adjustments
Downloads resulting from credit card chargeback and customer refunds will be deducted from Your earnings.
IPR Infringements: You must not upload onto Designs’ creative platform any of Your Services and/or Created Work that violates, plagiarizes, misappropriates or infringes the rights of third parties including but not limited to IPR infringements.
Site Tampering: You may not copy or adapt the object code of the Site, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Site, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to the Site.
System Abuse: All Your earnings will be forfeited if You are found to be artificially inflating Your ratings under the Designs’ rating system or abusing the system.
Post-termination Account: If Your account is terminated for any reason, You must obtain Designs’ permission to sign up for another account. Further violation will result in Your permanent ban from the Site.
NO CONSEQUENTIAL LIABILITY: THE SERVICES IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. YOU USE THE SERVICES AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DESIGNS PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, PUNITIVE, GENERAL, ACTUAL, INDIRECT, SPECIAL, INCIDENTAL, ECONOMIC, OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE OR PROFITS, ARISING OUT OF THE SERVICES, SUBMISSION, PROMOTION, USE, INABILITY TO USE, OR PAYMENT FOR, YOUR SERVICES, EVEN IF DESIGNS OR THE DESIGNS PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Legal Capacity: You warrant that You have the legal capacity to enter and accept this Agreement.
Tax Liability: You warrant that You shall be responsible for any income and all tax declarations as required in Your country of residence. Designs shall not be held responsible for any tax issues pertaining to Payouts paid out to You.
No IPR Infringement: You warrant that the Service Provider Services that You are uploading / posting onto and to be sold on Designs’ creative platform and the Created Work that You created for the buyer are absent of any trademarks, service marks and logos and do not infringe the rights of any third party, including any IPR.
No Immoral Service Provider Services and/or Created Work: Your Services and/or the Created Work do not involve any sensitive subject matters such as child abuse or exploitation, invasion of privacy or elements which are pornographic, offensive, politically endorsing, racist, ethnically or culturally offensive, obscene or indecent, sexually explicit, immoral, defamatory, intrusive of privacy or illegal; or which endorses violence or acts of terrorism, is discriminatory towards race, gender, religion, faith or sexual orientation.
Personal Account: You covenant to use the Designs account only for Yourself and take all steps to ensure that no one else uses the account, and that any violations thereof and losses, damages arising thereby shall be at Your sole liability / responsibility.
Right: You represent and warrant that You have all unconditional and irrevocable authority, right and/or licenses to provide, sell or resell Your Service on the Site and provide the Created Work to the Buyer.
Creation Expenses: You represent and warrant that other than the Payouts, there are no other fees, expenses, claims or damages payable or which may be payable to You (or any person involved in the creation of the Created Work delivered by You to the respective buyer) (Creation Expenses), as a result of buying or use of the Created Work pursuant to the terms and conditions of this Agreement, and that any entitlement to Creation Expenses however and whenever arising is hereby waived by You unconditionally. You further represent and warrant that all Creation Expenses payable to persons involved in the creation of the Created Work by You to the respective buyer have been paid by You in full and that if, for any reason, such Creation Expenses remain outstanding or arise, You shall bear full and sole responsibility.
Virus / Malware: You warrant and represent that You will not introduce or transmit to the Site (and Your Services and Created Work do not contain) any material or program of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the Site or servers or networks forming part of, or connected to, the Site, or which does or might restrict or inhibit any other user's use and enjoyment of the Site.
True Information: You warrant that all registration information, documents and identification provided by You are true, accurate, up to date and not misleading, and that You shall update such information to the Site / Designs as changes occur.
IPR Duty: You represent and warrant that Your Services and Created Work do not, in any way and in any territory worldwide, infringe IPR. You agree that You may not offer any of Your Services and Created Work which infringes any IPR and You have the duty and obligation to notify Designs of any such infringement (or possible infringement) and to take all steps to prevent any infringement of IPR. Designs reserves the right to remove from the Site any of Your Services which infringe (or which Designs believes may infringe) any IPR with or without notice or reference to You.
Term: This Agreement is effective until terminated. Either party may terminate this Agreement by giving thirty (30) days written notice to the other party.
Immediate Termination: Either party may terminate this Agreement effective immediately upon receipt of notification if the other party is in breach of this Agreement through violations pertaining to IPR.
Survival Rights: Termination will not affect any of Your Services already purchased by the buyer through Designs and the Created Work already delivered to the buyer prior to such termination and use of such Service Provider Services and Created Work will continue in full force and effect according to their terms.
Effect of Termination: Designs shall delete all digital files (if any) and description page representing Your Services within ninety (90) days after termination or expiration of this Agreement.
Outstanding Payouts due to termination: Designs may deem this Agreement to be terminated and reserves the right to off-set, forfeit or freeze any part or all Payouts due to You if there has been any material misrepresentation made as to the warranty, capacity, identity or copyright ownership of Your Service offered on the Site and also the Created Work delivered to the buyer herein.
This Agreement shall be governed by, and shall be construed in accordance with, the laws of Singapore. Any dispute, controversy or claim arising out of or relating to this Agreement, including validity, invalidity, breach or termination thereof, shall be settled by arbitration in Singapore in accordance with the Arbitration Rules of the Singapore International Arbitration Centre for the time being in force, which rules are deemed to be incorporated by reference in this clause. The number of arbitrators shall be one (1). The decision of the arbitrator shall, except in the case of manifest error, be final and binding upon the parties hereto. The arbitration proceedings shall be conducted in English.
This Agreement was originally written in English and was subsequently translated into other languages. The fidelity of subsequent translations cannot be guaranteed. In case of inconsistency between the English and the translated version, the English version shall prevail.
This Agreement constitutes the entire Agreement between You and Designs regarding its subject matter and supersede any prior agreements with respect to the subject matter. Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to most closely give effect to the parties' intentions. Failure by Designs to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.
You may not assign this Agreement or any terms herein without the prior written consent of Designs.
Any person who is not a party to this Agreement (whether or not such person is named, referred to, or otherwise identified, or shall form part of a class of persons so named, referred to or identified, in this Agreement) shall have no right whatsoever to enforce this Agreement or any of its terms.
Designs reserves the right to modify these terms at any time and to notify You by email and/or the Site of the modifications.
By clicking the “I Agree” button and posting Your Services, You acknowledge to have read, understood and accept the terms of this Agreement, and had the opportunity to and have sought prior legal advice and agree to abide by and be bound by the terms and conditions as set forth in this Agreement and the Terms of Service.
Acceptance of these Terms
If You do not agree to any of the terms in this Terms of Service, please do not access and/or use the Service.
You may not access or use the Service if You are not at least the legal age of your country of residence.
DESIGNS.NET may, in its sole discretion, modify or revise these Terms of Service at any time, and You agree to such modifications or revisions by Your continual usage of the Service. Nothing in these Terms of Service shall be deemed to confer any third party rights or benefits.
These Terms of Service set forth the legally binding terms and conditions that apply to all users of the Service, including users who contribute any Product on the Service.
In order to use certain features of the Service, You will need to register for an account (“Account”) and provide accurate and complete information. You represent that (a) all information submitted by You is truthful and accurate; and (b) You will maintain the accuracy of such information. You are solely responsible for the activity that occurs on Your Account and You must keep Your Account password secure. You must immediately notify DESIGNS.NET of any unauthorized use of Your Account or any breach of security. DESIGNS.NET will not be liable for any loss or damage arising from the unauthorized use of Your Account and You may be liable for the losses of DESIGNS.NET due to such unauthorized use.
You may delete Your Account at any time, for any reason, by following the instructions on the Service. DESIGNS.NET may terminate Your Account in the event You have breached these Terms of Service.
Restriction of Use
You agree to not share, distribute, transfer or resell the Product to any third party. You shall only give Your clients the Reproduced Product. Third parties / customers shall purchase the Product if they wish to edit the Reproduced Product.
You are not allowed to register the Products or Licensed Work incorporating the Products (i.e. logo design, brand symbol) as trademark in any territory. You are only licensed with non-exclusive rights to use the Products, therefore the same Products may be used by other parties as well.
You may not remove any copyright notice, watermark, author attributions, legal notices, proprietary designations or other intellectual property information in any Product unless authorized in writing by DESIGNS.NET or the Product contributor.
You further agree to not allow the Products to be extracted, accessed or downloaded by anyone other than Yourself.
Access to the Service
DESIGNS.NET hereby grants You a non-transferable, non-exclusive, revocable, limited license for Yourself or Your client for Commercial or Personal Use, provided that:
DESIGNS.NET reserves the right at any time, to modify, suspend or discontinue the Service with or without notice to You. You agree that DESIGNS.NET will not be liable to You or to any third party for any modification, suspension or discontinuation of the Service. You further agree that DESIGNS.NET will have no obligation to provide You with any support or maintenance in connection with the Service.
Unless otherwise indicated, any future release, update or other added functionality of the Service shall be subject to these Terms of Service.
You agree not to use or launch any automated system, including without limitation, “robots”, “spiders”, or “offline readers” that accesses the Service in a manner not humanly possible. You agree not to collect or harvest any personally identifiable information, including account names from the Service or to use the communication systems provided by the Service for any solicitation purposes.
Except as otherwise expressly stated herein, DESIGNS.NET and the Products are made available on an "AS IS," "AS AVAILABLE," and "WITH ALL FAULTS" basis. Except as otherwise expressly stated herein, DESIGNS.NET, its employees, directors, and officers, and anyone else associated with DESIGNS.NET disclaims, to the fullest extent permitted by law, any and all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, or that Your usage of DESIGNS.NET will be uninterrupted, error free of computer viruses or other damaging materials. When any Products or the website is accessed and used, You do so at Your own risk. DESIGNS.NET, its employees and officers, and anyone else acting on behalf of DESIGNS.NET also disclaims any and all common-law duties, including without limitation duties of reasonable care and workmanlike effort. DESIGNS.NET, its employees, directors, officers and anyone else associated with or acting on behalf of DESIGNS.NET make no representation or warranty (i) as to your right to use any individual’s name, likeness, and/or image appearing in the Product without first obtaining appropriate rights (including without limitation, release rights) from such individual(s); and (ii) that Your use of Product will not infringe or violate the trademark rights of any third party, or constitute a false designation of origin or any other form of unfair competition.
You acknowledge that all trademarks, service marks, copyrights and logos (“Marks”) on the Service are owned by DESIGNS.NET or licensed to DESIGNS.NET. Neither these Terms of Service nor Your access to the Service transfers to You or any third party any rights, title or interest in or to such Marks, except as otherwise provided in these Terms of Service.
This website may include information and materials uploaded by other users of the site, including access to community features or functionality. The relevant user shall be solely responsible for user-generated content and the relevant user assume all risks associated with the use of user-generated content, including any reliance on its accuracy, completeness or usefulness by others.
You further agree that DESIGNS.NET is not responsible for the accuracy, currency, suitability, or quality of any user content, whether provided by You or by other users. Any interaction between users are solely between the users and DESIGNS.NET will not be responsible for any loss or damage incurred as the result of such interactions.
“Your Content” means any and all information and content that You submit, or use with the Service.
As an Account holder, You may submit Your Content on the Service. You shall be solely responsible for Your Content and You assume all risks associated with the use of Your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of Your Content that personally identifies You or any third party.
You affirm, represent and warrant that You own or have the necessary licenses, rights, consents and permissions to use Your Content and You hereby grant DESIGNS.NET an irrevocable, non-exclusive, royalty-free worldwide license to reproduce, distribute, publicly display, perform and prepare derivative works and otherwise exploit Your Content and to grant sub-licences of the foregoing rights. You hereby irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content.
Third Party Links and Advertisements
The Service may contain links to third party websites and/or advertisements for third parties. These websites and advertisements are not owned or controlled by DESIGNS.NET and DESIGNS.NET assumes no responsibility for the content, privacy policies, or practices of these websites and advertisements. In addition, DESIGNS.NET will not and cannot censor or edit the content of any third-party website. By using the Service, You acknowledge and agree that DESIGNS.NET shall not be responsible for Your use of any third-party website. Your use of all third party websites and advertisements are at Your own risk, and You should apply a suitable level of caution and discretion in doing so. When You click on any of the third party websites and advertisements, the applicable third party’s terms and policies applies, including the third party’s privacy and data gathering practices. You should make whatever investigation You feel necessary or appropriate before proceeding with any transaction in connection with such websites and advertisements.
Intellectual Property Right
You further agree that You are obtaining only a limited license to use and access the Service and that no ownership rights are being conveyed to You. DESIGNS.NET retains all right, title and interest (including all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Service, all related and underlying technology and documentation, and any derivative works or modifications. Further, You agree that the Service is offered as an on-line, hosted solution, and that You have no right to obtain a copy of any code underlying the Service. You may submit comments, questions, suggestions or other feedback relating to DESIGNS.NET (“Feedback”) and You agree that DESIGNS.NET may freely use, copy, disclose, prepare derivative works based on, publicly perform or display, distribute and exploit any Feedback, bug reports or suggestions You provide to DESIGNS.NET regarding the Service, without any obligation, royalty or restriction based on intellectual property rights or otherwise.
If you are a copyright owner or an agent thereof and believe that any Product on our Service infringes upon your copyright and wish to have the alleged infringing material removed, you may submit a notification to us with the following information in writing at firstname.lastname@example.org:
Aggregated Anonymous Data
Notwithstanding anything to the contrary herein, You agree that DESIGNS.NET may use, process, manipulate, modify, copy, publicly perform and display, compile, and create derivative works from customer data and any other data related to the Service, including, but not limited to, using such data for any internal business purpose, and for the improvement, support, and operation of the Service, and/or the development of other products or service capabilities. You further agree that DESIGNS.NET may disclose to third parties aggregate data derived from customer data or from any other data related to the Service (including information regarding users’ interaction with the Service), so long as such aggregate data is not personally identifiable with respect to the user, subject to the applicable data protection laws. Further, all service data, usage data and other data that does not identify a user and any data that is derived from the customer data and all data, reports, derivative works, compilations, modifications and other materials created by DESIGNS.NET from or with use of such data will be, in each case, the sole and exclusive property of DESIGNS.NET; and You hereby assign all of Your title and interest, if any, in and to such Products to DESIGNS.NET without any fees and without rights to future royalties.
Account Termination Policy
Subject to this Section, these Terms of Service will remain in full force and effect while using the Service. DESIGNS.NET will terminate Your access to the Service if, under appropriate circumstances, You are determined to be a repeat infringer.
DESIGNS.NET reserves the right to decide whether Your Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography or obscenity. DESIGNS.NET may at any time, without prior notice and in its sole discretion, remove such Product and/or terminate Your account for submitting such material in violation of these Terms of Service.
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DESIGNS.NET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. DESIGNS.NET MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. DESIGNS.NET DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DESIGNS.NET WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
YOU HEREBY RELEASE AND FOREVER DISCHARGE US FROM, AND HEREBY WAIVE AND RELEASE, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE (INCLUDING PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE), THAT HAS ARISEN OR ARISES DIRECTLY OR INDIRECTLY OUT OF, OR RELATES DIRECTLY OR INDIRECTLY TO, YOUR USE OF THE SITE AND/OR SERVICE, ANY INTERACTIONS OR TRANSACTIONS OF YOU WITH, OR ACT OR OMISSION OF YOU IN RELATION TO OTHER USERS.
Limitation of Liability
IN NO EVENT SHALL DESIGNS.NET, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT DESIGNS.NET SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN THE EVENT OF A DISPUTE BETWEEN YOU AND THE PRODUCT SELLER, DESIGNS.NET MAY, AT ITS SOLE DISCRETION, PARTICIPATE IN AND/OR ASSUME THE HANDLING AND SETTLEMENT OF SUCH DISPUTE. YOU HEREBY AGREE THAT, IN THE EVENT DESIGNS.NET ASSUMES THE HANDLING AND SETTLEMENT OF ANY DISPUTE PURSUANT TO THIS AGREEMENT, DESIGNS.NET SHALL HAVE THE RIGHTS TO RESOLVE THE DISPUTE IN ANY MANNER IT DEEMS FIT AND DESIGNS.NET’S DECISION SHALL BE FINAL. DESIGNS.NET SHALL NOT BE LIABLE FOR ANY FEE, DAMAGES AND/OR COSTS INCURRED DUE TO SUCH INVOLVEMENT BY DESIGNS.NET, AND YOU AND PRODUCT SELLER SHALL BEAR EQUAL RESPONSIBILITY TO REIMBURSE DESIGNS.NET IN THE EVENT THE DESIGNS.NET INCURRED OR IS IMPOSED ANY SUCH FEE, DAMAGES AND/OR COST
The parties are independent contractors and no employment, agency, or joint venture is created hereunder. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by DESIGNS.NET without restriction.
Governing Law and Dispute Resolution
These Terms of Service shall be governed by, and shall be construed in accordance with, the laws of Singapore, without regard to the conflict of laws principles. Any dispute, controversy or claim arising out of or relating to these Terms of Service, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause.
The seat of arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English.
These Terms of Service constitutes the entire agreement between You and DESIGNS.NET regarding its subject matter. Should any provision of these Terms of Service be held to be void or invalid, that fact will not affect any other provision, and the remainder of these Terms of Service will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Failure by either party to enforce any provision of these Terms of Service will not be deemed a waiver of future enforcement of that or any other provision.
Unless as otherwise stated in these Terms of Service, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms of Service, and the application of that provision shall be enforced to the extent permitted by law.
These Terms of Service are written in English with a reference translation in another language (if necessary). In the event of any conflict in interpreting or construing these Terms, the English version shall prevail.
You agree that the communications between You and DESIGNS.NET uses electronic means. For contractual purposes, You (a) consent to receive communications from DESIGNS.NET in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that DESIGNS.NET provides to You electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect Your non-waivable rights.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION OF YOUR USE OF THE DESIGNS.NET WEBSITE (“SITE”) AND SERVICES (“SERVICES”), AND FORMS A LEGAL AGREEMENT BETWEEN YOU AND DESIGNS.NET PTE LTD (“AGREEMENT”), A COMPANY INCORPORATED IN SINGAPORE THAT OWNS DESIGNS.NET (COLLECTIVELY "DESIGNS"). BY ACCESSING ANY SERVICE OR PART THEREOF UNDER THE DESIGNS’ DOMAIN, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. DESIGNS RESERVES THE RIGHT TO CHANGE THESE TERMS AT ANY TIME WITHOUT PRIOR WRITTEN NOTICE, AND YOU AGREE TO BE BOUND BY SUCH CHANGES.
Designs is a creative platform that allows You to buy (“Buyer”) and/or sell (“Seller”) services e.g. editing / designing / creating logo, business cards, letterheads, templates etc. (collectively the “Seller Services”, as included from time to time on the Site).
This Site (including the trademarks and designs) is owned and operated by Designs. Designs retains all rights not expressly granted by this Agreement. This Agreement will terminate automatically without notice from Designs, if you fail to comply with any provision of this Agreement. Upon termination, you must destroy all materials obtained from the Site, copies, and related documentation thereof. In addition, Designs reserves the right to terminate the Site and Service at any time for any reason or no reason and without notice.
The work created by the Seller for the Buyer (“Created Work”) in accordance to the Seller Services ordered by the Buyer, all intellectual property rights in the Created Work shall be granted to the Buyer, including the copyright and the Seller shall waives all rights therein, unless otherwise stated clearly on the Seller Service description page (“Description Page”).
The Buyer may purchase the Seller Services after reading the Seller’s Description Page by clicking the “order” button on the Site (“Order”). The Buyer will be required to pay Designs once the Order for the Seller Services is made. If the Buyer has D Credits (as defined below), the Buyer may pay for the Order using D Credits. In the event the D Credits are not sufficient to cover the entire payment for such Order, the Buyer may pay for the remaining amount via PayPal or credit card.
For the purpose of this Agreement, “D Credits” are Designs.net platform credits, where the Buyer will use D Credits to purchase the Seller Services on the Site. For the avoidance of doubt, D Credits cannot be converted into cash.
The Seller is required to decide whether to accept or not accept the Order within 24 hours from the time the Order is placed. In the event the Seller does not accept or did not accept the Order within 24 hours, Designs shall convert the payment made by the Buyer into D Credits where the Buyer may use the said D Credits for future purchases on the Site (“Conversion”).
The timeline to deliver the Created Work (“Timeline”) and the number of amendments allowed to be requested by the Buyer in respect of the Created Work produced by the Seller will be set by the Seller.
The Seller and/or the Buyer may not offer to pay or accept any payment or additional payment other than through Designs. In the event you are asked to make / accept payment other than through Designs, please report it to Designs immediately at email@example.com. Any payment made / accepted other than through Designs, shall be carried out at your own risk.
Designs will charge a processing fee of USD 1.00 (“Processing Fee”) if the Order is below USD5.00. In the event any Conversion process occurs, the Processing Fee will not be refunded.
The Seller will deliver the Created Work according to the timeline provided by the Seller. If the Seller fails to deliver the Created Work according to the timeline, the Buyer may choose to file for dispute in accordance to Section 6 below.
Once the Seller has delivered and the Buyer accepts the Created Work, both the Buyer and Seller must click on the “I’m Satisfied” button.
Designs will not be responsible for the Seller Services and the Created Work created by the Seller for the Buyer on Designs, including the complete transfer of the Created Work from the Seller to the Buyer. In the event of dispute by the Seller and/or Buyer (including late delivery of the Created Work by the Seller or, the Seller cancels the Order with cause), the Seller and/or Buyer shall immediately submit a dispute form to Designs upon the expiry of the Timeline by clicking on the “Dispute” button and Designs shall evaluate and decide on the dispute filed by the Seller and/or Buyer, at its sole discretion. Designs shall have the right to arbitrate and resolve the dispute in any manner it deems fit and Designs’ decision shall be final. In the event Designs decides that: (i) the Seller is at fault / the Seller chose to cancel the Order, Designs shall convert within three (3) working days from the date the decision is made by Designs, the sum paid by the Buyer (excluding administrative fee, Processing Fee, any applicable tax etc.) into D Credits at the conversion rate of USD1.00 to 1 D Credits where Buyer may use the said D Credits for future purchases on the Site, and the Seller shall not receive any payment for such disputed Seller Services and the Seller’s Designs rating will drop accordingly as well; or (ii) the Buyer is at fault, Designs will not convert the said sum paid by the Buyer for such Order and the Seller shall be paid accordingly.
Designs does provide a communication platform through the Site, which allows the Buyer and Seller to communicate with each other in respect of the Order.
The Buyer is encouraged to leave his comments / feedback with regards to the respective Seller in the Designs’ rating system. Any feedback / ratings provided by the Buyer will not be removed by Designs, unless such feedback / ratings are not provided in accordance to this Agreement.
Please note that any information you post on the Site is available to be accessed by all persons accessing the same. Designs shall not be responsible and assumes no liability for any: (i) of your interactions between any Designs users / third parties on the Site; and/or (ii) information you or any third party post on the Site / Designs’ rating system including without limitation any issue relating to secrecy, confidentiality, privacy and defamation.
You hereby agree not to post any information that: (i) is deemed unlawful, inappropriate, defamatory, libellous, threatening, abusive and racially offensive; and/or (ii) may create losses / damages to any person or property.
Designs has used reasonable effort to ensure that the pricing and information stated in the Site is accurate, however there are possibility due to genuine error that the Seller Service’s information is incorrect or the Seller Service is priced wrongly, in such situation Designs has the right to cancel the transaction and refund the payment, if the transaction has been made.
You may not:
make or accept any payment other than through Designs;
reverse a payment made and/or file a transaction dispute with your bank / payment platform;
cancel the order made by the Buyer for the Seller Services;
misuse / abuse the Designs’ rating system, including giving false rating / artificially inflate your ratings under the Designs’ rating system; and/or
use the Sites for any unlawful purpose.
Designs provides links to third-party sites as a convenience to you. Designs does not control third party sites or links to third party sites. Links to third party sites are not an endorsement by Designs of such sites. Designs is not responsible and/or liable, directly or indirectly, for the content of any linked sites and/or any damages caused in connection with any linked sites.
THE SITE AND SERVICES, ARE PROVIDED "AS IS", “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU USE THE SITE AND SERVICE AT YOUR OWN RISK. DESIGNS, ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, OFFICERS, SHAREHOLDERS, ADVISORS AND ANYONE ELSE ASSOCIATED WITH DESIGNS: (I) DO NOT WARRANT THAT THE SITE AND SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE; AND (II) WILL NOT BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS OR REVENUES, LOST SAVINGS, OR OTHER SPECIAL, GENERAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE CREATED WORK AND SITE EVEN IF DESIGNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FOR ANY CLAIM BY ANY OTHER PARTY, OR IN RESPECT OF THE CONTEXT / MANNER IN WHICH THE CREATED WORK IS BEING USED BY YOU. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND SERVICE IS WITH YOU AND YOU SHALL ASSUME FULL RESPONSIBILITY AND LIABILITY OF YOUR USE OF THE CREATED WORK. SHOULD THE SITE AND SERVICE PROVE DEFECTIVE, YOU (AND NOT DESIGNS OR AN AUTHORIZED PERSONNEL OR OTHER COMPUTER DEALER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
CERTAIN STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
You are at least 18 years of age and have the right to enter into this Agreement;
If you enter into this Agreement on behalf of an organization / company, you represent and warrant that you are authorized by the organization / company to enter into this Agreement;
Your use of the Site and Service will not violate any right, including but not limited to, copyright, intellectual property rights, trademark, privacy or any other applicable law or regulations of any country, state, other governmental entities or any third party;
The information you provide to Designs is accurate and true, including without limitation all credit card information;
You agree that all passwords to your Designs account are to be held in the strictest of confidence. You may not share or disclose any password or log in information to any other user or third party other than as specifically provided for herein. If you breach any provision of this section, Designs shall be entitled to carry out the following:
restrict or terminate your use of the Site and Service immediately with notice to you; and/or
seek any legal or equitable remedies.
Designs may restrict or terminate your access to the Site and Services and/or remove any of the Seller Services, at any time, without notice to you if you fail to comply with any of the terms of this Agreement.
You agree to fully defend and indemnify Designs, its employees, directors, and officers, and anyone else associated with Designs, and each of their successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, or expenses, including attorneys' fees and expenses, arising out of or related to the use of the Site and Services, your breach / alleged breach of the warranty above or these Terms (including infringing any intellectual property right owned by Designs, breach of any laws and regulations).
These Terms shall be governed by the law of Singapore, subject to its jurisdiction, and without regard to the conflict of laws principles. All disputes arising in connection with these Terms shall be settled through friendly negotiations. If the parties are unable to resolve any such dispute within thirty (30) days after the commencement of negotiations, the parties agree to submit the dispute to the Singapore International Arbitration Centre in accordance with the Arbitration Rules of the Singapore International Arbitration Centre in effect at the time of applying for arbitration. The number of arbitrators shall be one (1). The decision of the arbitrator shall, except in the case of manifest error, be final and binding upon the parties hereto. The arbitration proceedings shall be conducted in English.
If Designs is obligated to go to court / submit any dispute to arbitration to enforce any of its rights, or to collect any fees pursuant to these Terms, You agree to reimburse Designs for its legal fees, costs and disbursements if Designs is successful.
You may not assign or transfer to anyone else the rights granted to you in this Agreement, without our prior written consent.
You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the Agreement between you and Designs, which supersedes any proposal or prior Agreement, oral or written, and any other communication between you and Designs relating to the subject of this Agreement.
This Agreement was originally composed in English and was subsequently translated into other languages. The fidelity of subsequent translations cannot be guaranteed. In case of conflict between the English version and another language version, the English version takes precedence.
Your continued use of the Seller Services, Created Work, Services and/or Site implies your full consent to Designs’ use of your corporate / business identity logos for promotional purposes of Designs without the need for payment of any consideration thereof.
We hereby inform you on Our current policies and practices applicable to the processing of your personal data (“Personal Data”) collected by Inmagine Group through the website https://www.designs.net (the "Website").
Designs.net is one of the websites being operated by the relevant entity within Inmagine Group which comprises of various legal entities throughout the world.
For any general queries you may contact Us at: firstname.lastname@example.org.
Information We may collect from you
The term Personal Data refers to the data you provide to Us through the Website and may vary depending on the type of relationship you have with Us. Personal Data include:
The information systems and software procedures used to operate this Website acquire personal data as part of their standard functioning. The transmission of such data is an inherent feature of Internet communication protocols. This data category includes, among other things, the IP addresses and/or the domain names of the computers and terminal equipment used by any user, the location of the devices, the URI/URL (Uniform Resource Identifier/Locator) addresses of the requested resources, the time of such requests, the method used for submitting a given request to the server, returned file size, a numerical code relating to server response status (successfully performed, error, etc.) and other parameters related to the users’ operating system and computer environment.
If you decide to create an account on the Website, you may be required to provide Us your Personal Data such as name, username, e-mail address and billing address with the submission of the registration form. You may also include additional Personal Data such as surname, address, telephone number and date of birth.
If you decide to create an account through your existing profile in a social network (e.g., Facebook), you may be required to share Personal Data such as information of your public profile, (including name, surname and image) and e-mail address.
Financial information and billing details
If you purchase or subscribe any of Our products and/or services, you will also be required to provide Us Personal Data related to payments and billing, including name, surname, address, zip code, telephone number, e-mail address, billing address, as well as credit card details, or Paypal account or bank details. We do not store credit card details or PayPal account or bank details. Upon the completion of the purchase or subscribe of Our products and/or services, We collect transaction details from the payment gateway provider only.
Details under the "Contact Us" section
When you contact Us through the Website, you may be required to provide Us your Personal Data such as name, e-mail address and, at your own discretion, other information you decide to share with Us, that We may collect from you.
If you submit information about you via the career section of Our Website or apply for a position, We will collect and process the information which you have submitted for considering your application and all other recruitment purposes.
How do We use your information and why?
Your Personal Data will be collected and processed for the following purposes:
|Categories of data||Purposes of processing||Legal basis|
|Browsing data||To extract statistical information on service usage (most visited pages, visitors by time/date, geographical areas of origin, etc.) and to check the functioning of the services.||Legitimate interest of the data controller to analyse and improve the performance of its services and to prevent crimes and frauds|
|Registration/creation of the profile||To process the creation of your account and profile on the Website and to provide or allow you the access certain areas, functions (e.g., processing the contents submitted by you and displaying your contents on Our Website) and features of Our Website.||Consent|
|Biographical data, financial information and billing details||To provide you with the products and/or services you purchased or subscribed to, as well as processing transactions and payments in connection therewith.||Execution of the agreement|
|For administrative purposes connected with the performance of the commercial relationship with you or the fulfillment of legal requirements (e.g., accounting or tax requirements) or for complying with any requests from the competent authorities.||Compliance with a legal obligation to which We are subject or, in the event there is no such legal obligation, Our legitimate interest to keep adequate records in connection with the execution of the commercial relationship|
|To share the Personal Data with the other Inmagine Group’s companies within the European Economic Area (EEA) for internal administrative and accounting purposes.||Legitimate interest for transmitting Personal Data within the group of undertakings for internal administrative purposes, including the processing of customers’ Personal Data|
|Biographical data and contact details||To contact you with information about current or new products, commercial opportunities, promotions and services or events sponsored by us that may deem of interest to you, as well as to verify customer satisfaction and to carry out market researches, analyses and surveys, and also to allow you to participate to prize contests, rewards, trips and/or receive gifts.||Consent|
|To respond to your queries and questions and to provide any information you require (e.g., information and suggestion about products) in the section “Contact Us”.||Consent|
The submission of your Personal Data is not mandatory. Any refusal to provide the consent will not have any effect other than Our inability to provide you the products and/or services. In such situation, We shall not be liable for any losses, liabilities and damages whatsoever and howsoever arising thereof.
At any time, you have the right to withdraw your consent.
Information We may share and data recipients
Your Personal Data are processed by Our personnel and, if necessary or functional to fulfilling the purposes indicated above, your Personal Data may be processed by third parties that may be appointed by Us as data processors.
The categories of recipients to whom your Personal Data may be disclosed are the following:
Under certain circumstances, your Personal Data may be transferred outside the European Economic Area (EEA) to other Inmagine Group companies or to third parties data processors. In such cases, We ensure that We have adopted appropriate safeguards, including binding corporate rules or standard data protection clauses adopted by the European Commission, in order to guarantee the data subjects with an adequate level of protection.
Retention of your Personal Data
Data are retained as long as necessary for the performance of the services provided by the Website and to comply with legal obligations (including, auditing or taxation purposes), to meet regulatory requirements, resolve disputes, maintain security, and/or to prevent frauds and abuse.
In relation to Personal Data of your profile, We will retain the same as long as your account with Us is still active. If you choose to close the account or if your account is closed, We will delete your Personal Data and information within 30 days. This is without prejudice to Our right to retain the information (such as username and transaction details) to comply with legal obligations, prevent frauds and protect its legal interest.
In case you have given your consent for marketing activities, your Personal Data will be retained for a reasonable period or not more than 2 years after each collection.
We treat the security for all information submitted or provided by you to Us seriously and is of importance to Us. We will take reasonable steps to protect or secure this data, including Personal Data. Accordingly, We may require Our employees or third-party service providers to assist Us in implementing or applying appropriate securities measures (such as firewalls, penetration testing and etc). You are also advised not to disclose and secure your own user name and password.
You have the right to obtain from Us confirmation whether your Personal Data are being processed by Us, and, in said circumstances, you have the right to request access to and rectification or erasure of the same or restriction of processing, and to object to the processing at any time, as well as under certain circumstances the right to data portability. With respect to the data portability, you have the right to receive your Personal Data in a structured, commonly used and machine-readable format and to request the transmission of said data.
If you have subscribed to or opted-in to receive Our marketing communications you can opt-out at any time, free of charge, requesting that your Personal Data not be used for marketing purposes.
You may exercise any of the above rights by contacting Us at email@example.com.
In the event of a breach of applicable EEA data protection laws you have also the right to file a complaint with the competent data protection authority.
Links to Third Party Website(s)
Our Website or any products/services being rendered to you may contain links to other websites that are not operated by Us and whose privacy practices may differ from Us. If you click on a third-party link, you may be directed to the third-party website. Any submission of your Personal Data to any of those third-party websites will be governed by the relevant third-parties’ privacy policies. We have no control and shall not assume any responsibilities howsoever arising thereof and We strongly advise you to carefully read the privacy policies prior to the disclosing of any information.
Mobile Applications or Mobile Website
In the event you have any complaints you may also contact Us at firstname.lastname@example.org.
Last updated: 8 March 2019
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