Designspringss provides an online platform that helps connect buyer in the globe and choose the design ("Customers") and designers who wish to provide such designs ("Designers"), including, for example, through Design Contests, the Ready-made Design Store, the Project Service, and Tasks (each as defined below and collectively, the "Services"). "User" means any user of the Site or Service, and may be a Designer or a Customer. If you are a User, the provisions in this Agreement regarding Users apply to you. If you are also a Customer, further the provisions in this Agreement regarding Customers apply to you.
2. Payment Terms
The following terms apply to Customers who have purchased a Sold Design and Designers who have sold a Sold Design.
a. Payment and Delivery. or the Design Contest and Ready-made Design Store, (a) Customer will pay the Customer Payment to Designspringss and Designspringss will pay Designer the Designer Fee (subject to first receiving payment from Customer), and (b) Designer will upload the Sold Design and Designspringss will deliver the Sold Design to Customer, in a format specified by Designspringss. For the Project Services, (1) Designer will upload the Design and if Customer accepts the Design as described above, then or (ii) the listed price for the Sold Design in the Ready-made Design Store; or minus the fees and charges imposed by Designspringss as set forth at You agree that you are responsible for the collection and/or payment of all Taxes which you may be liable for in any jurisdiction arising from your sale or purchase of any Sold Designs via the Site.
b.Designer / Creative acknowledges that We may make available for sale on any of Our Websites any of Your Content which You make available for sale on any one of Our Websites, unless You tell us You do not want Your Content to be made available for sale in this manner.
3. Contracts Between Buyers and Creatives
By registering as a member, you acknowledge and agree that you contract directly with other members to buy or sell services. When a buyer posts a project, the buyer can select whether to use their own contract or a Designspringss contract to complete a transaction with a creative ("Buyer Contract"). Creatives can preview the terms in the Buyer Contract prior to submitting entries to a project. Creatives are not required to participate in the project posted by the buyer. By submitting entries to a project, creatives agree that if their entry is selected, they will be entering into a binding agreement with that buyer, pursuant to the terms of the Buyer Contract.
If a Buyer's payment is partially or fully refunded by Designspringss or a Buyer files a credit card chargeback, the Creative who entered into the Buyer Contract must reimburse Designspringss for all amounts which are subject to the chargeback or the refund, including the award and Designspringss's fees. Additionally, if a Creative violates the terms of the Buyer Contract or this Agreement, Designspringss reserves the right to reduce any amount owed by Designspringss to the Creative to compensate Designsprings for any and all losses Designspringss suffered as a result of the Creative's breach of the Buyer Contract or this Agreement.
The buyer agrees to select the winning design or written entry within seven (7) days after the project ends. The buyer further agrees that it would be unfair if no creative received the award(s) offered by the buyer due to the buyer abandoning the project. Therefore, if the buyer does not select the winning design or written entry, the buyer agrees that Designspringss, Buyers who request a refund of charges that are refundable under Designspringss's money back guarantee must request such refund within 30 days after their project end date.
You covenant and agree to act in good faith and engage in fair dealing in connection with the Buyer Contract. Additionally, you acknowledge and agree that the value, reputation, and goodwill of Designspringss depends in part on your performance of your covenants and agreements. You further agree that we have the right to take such actions, including without limitation suspension, termination, or legal actions, as we in our sole discretion deem necessary to protect the value, reputation, and goodwill of Designspringss.
The Site is an online venue where buyers post projects for creative services, creatives submit actual works in response to the buyer's requirements, and buyers choose the entry(s) they like. In providing an online venue ("Services"), we do not source (except for us, where this is expressly stated in the project) or deliver projects or entries. b.Taxes and Reporting. Each member is solely responsible for satisfying all income tax, payroll tax, payroll withholding, sales and use tax, governmental reporting and other legal requirements under applicable law, including without limitation those applicable to the purchase and sale of services provided by creatives, from and by independent contractors. a.No Agency. No agency, franchise, partnership, joint-venture, or employee-employer relationship is intended or created by this Agreement. b.You shall be solely responsible for your own entries and all content you post on the Site, and the consequences of posting or publishing entries or content. When uploading entries or comments to the Site, trade secret, copyright, or other proprietary rights in and to any and all of your entries of content, to enable inclusion and use of your entries and content in the manner contemplated on the Site and in this Agreement. 5. Site
a. License TSubject to the terms of this Agreement, Designspringss grants you a non- transferable, non-exclusive, license to use the Site and Services (excluding Design Concepts, Design Templates, designs in the Project Service, and Sold Designs) for your internal business purposes. For the avoidance of doubt, Designer's license or assignment of the Sold Design to Customer is set forth in the applicable Design Transfer Agreement.
b. Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, customize, or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof.
c. Feedback If you provide Designspringss any feedback or suggestions regarding the Site or Services ("Feedback"), you hereby assign and agree to assign upon our request to Designspringss all rights in the Feedback and agree that Designspringss shall have the right to use such Feedback and related information in any manner it deems appropriate. Designspringss will treat any Feedback you provide to Designspringss as non-confidential and non-proprietary.
d. Ownership Each User owns its own User Content. Excluding your User Content, you acknowledge that all the IPR in the Site and Services are owned by Designspringss or Designspringss' licensors. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to such IPR. Designspringss and its suppliers reserve all rights not granted in this Agreement.
6. Site Policies
This Site is controlled and offered by us from facilities in the United States of America. We make no representations that the Site is appropriate or available for use in other jurisdictions. Those who access or use the Site from other jurisdictions do so as their own choice and are solely responsible to comply with local law.
Notwithstanding any other provision of this agreement, in no event will our liability to you for any action or claim related to the services provided under this agreement, whether based on contract, tort, negligence or any other theory of liability, exceed the greater of: (a) $100 or (b) the total fees you paid to us in the three months prior to the action giving rise to the liability. .
7. User Content.
"User Content" means any and all information and content that a User submits to, or uses with, the Site or Services. User Content includes Design Contests, Design Concepts, Design Templates, and reviews and/or testimonials ("Reviews"). You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable.
8. Copyright/Trademark Information.
copyright 2016, Designspringss. All rights reserved. All trademarks, logos and service marks on the Site are our property or the property of other third parties. You are not permitted use it.