Effective Date: June 20, 2018
1. Ownership, trademarks & provided assets
You own all graphics and files we create. You will provide all content/copy to be used in our designs. You agree that any materials provided to are proofed and approved to be used in your designs and are not owned or trademarked by a different entity. You are responsible that any materials provided can be legally used in our designs. We are not liable for the materials you provide as it pertains to license or trademark issues and you represent to Designity that all materials provided do not infringe on the intellectual property rights of third parties. You agree to indemnify, defend, and hold harmless Designity and its affiliates, officers, members, managers, agents, successors and assigns (the “Indemnified Parties”) from and against all claims, demands, liabilities, damages, and costs including, without limitation, its reasonable attorneys’ fees, arising out of or relating to (i) your breach of any of the terms of this Agreement, (ii) your use of the services provided pursuant to the Site, and (iii) infringement of third party’s intellectual property rights or other proprietary rights.
2. Output files
While we do our best to minimize any mistakes, due to the nature of creative design we can not guarantee all files delivered will be 100% error free. Upon file delivery you agree to review and proof all files for any errors or omissions and notify our team if any changes/corrections are needed. We will do our best to rush any edits to correct the mistakes. Designity is not responsible or liable for any losses or expenses incurred from errors or omissions.
3. Sample work
By default, you agree to provide Designity with a non-exclusive right and license to publish your work in our portfolio, social media or other communication efforts. We will do our best to seek written permission before we post anything publicly. If you would like to revoke this right, please notify our team in writing to [email protected]
5. Work and delivery output
While we can accept unlimited requests and revisions, our output volume depends on many factors, namely depending on the total request volume and complexity. We will do our best to work with you to accommodate any priority items and your timelines but our suggestion is to not use our service for time sensitive requests.
6. Creative rounds refined
A creative round is a measurement of creative output and what we are able to accomplish in a creative round depends on the complexity and total volume of your requests. A creative round begins when the request or revision is assigned to a designer. Requests or revisions will not be assigned if they unclear, vague or missing required assets and information. Normally any request or revision received after 6PM PST for Next day and 3PM MST for Same Day will be assigned that business day. These timelines may change due to the nature of our business as ultimately determined by Designity staff. We will make every attempt to deliver a request according to your timelines, however there is no guarantee.
7. PROHIBITED SITE USE
The uses described in these Terms are prohibited regardless of where on the Site they occur. For example, the activities are prohibited in job posts, proposals, designity (designedin) messages, communications with customer service or disputes, the community forum, and Client or Freelancer feedback.
7.1 Illegal, Fraudulent, Harmful, or Offensive Uses
You may not use, or encourage, promote, facilitate, or instruct or induce others to use, the Site or Services for any activities that violate any law, statute, ordinance or regulation; for any other illegal, fraudulent, harmful, or offensive purpose; or to transmit, store, display, distribute or otherwise make available content that is illegal, harmful, or offensive.
Examples of prohibited uses of the Site or Site Services include:
- Seeking, offering, or endorsing illegal, obscene, or pornographic services or activities, including services (i) that would violate the intellectual property rights, including copyrights, of another person, entity, service, product, or website or (ii) that would involve the creation, review, or editing of pornographic, erotic, obscene, or sexually explicit material;
- Posting content that is offensive, defamatory, profane, vulgar, obscene, threatening, discriminatory, illegal, pornographic, obscene or sexually explicit in nature;
- Seeking, offering, or endorsing any services that would violate designity (designedin)’s Terms of Service or the terms of service of another website or any other contractual obligations;
- Seeking, offering, or endorsing any services that violate the academic policies of any educational institution;
- Fraudulently billing or attempting to fraudulently bill any Client, including by (i) falsifying or manipulating or attempting to falsify or manipulate the hours, keystrokes, or mouse clicks recorded in the designity (designedin) Team App, (ii) reporting, recording, or otherwise billing clients for time that was not actually worked, or (iii) reporting, recording, or otherwise billing hours worked by another person as hours worked by you in a way that is misleading or false;
- Expressing a preference in a job post or proposal or otherwise unlawfully discriminating on the basis of race, religion, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, military/veteran status or any basis protected by applicable law;
- Posting content that is harassing towards another person or violates the rights of a third party;
- Posting identifying information concerning another person;
- Making or demanding bribes;
- Making or demanding payments without the intention of providing or receiving services in exchange for the payment;
- Spamming other Users;
- Using any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or collecting or harvesting any personally identifiable information, including Account names, from the Site; and
- Engaging in any conduct that is reasonably likely to or that is intended to harm the Site, including (i) imposing an unreasonable or disproportionately large load (in our sole discretion) on the Site’s infrastructure; (ii) interfering or attempting to interfere with the proper operation of the Site or Site Services or any activities conducted on the Site; (iii) bypassing any measures we may use to prevent or restrict access to the Site or any subparts of the Site, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein; or (iv) attempting to interfere with or compromise the system integrity or security or decipher any transmissions to or from the servers running the Site.
7.2 Using the Site Other than For the Intended Purposes
designity (designedin) makes the Site and Services available for Clients and Freelancers to find one another, enter into service relationships, make and receive payments through escrow, and receive and perform Freelancer Services. Users are expected to use the Site and Services for their intended purposes and Users may not use the Site and Services in contravention of their intended purposes. The following are examples of prohibited use of the Site:
- Offering services for the sole purpose of obtaining positive feedback of any kind;
- Requesting, demanding, or receiving free services, including requesting Freelancers to submit work as part of the proposal process for very little or no money or posting contests in which Freelancers submit work with no or very little pay, and only the winning submission is paid the full amount;
- Requesting a fee before allowing another User to submit a proposal;
- Posting the same job multiple times so that more than one version remains active at a given time;
- Withholding payment or Work Product or engaging in any other conduct for the purpose of obtaining positive feedback from another User;
- Attempting to falsify, manipulate, or coerce another User by threatening to give negative feedback;
- Misusing the feedback feature to express views unrelated to the work, such as political, religious, or social commentary;
- Duplicating or sharing accounts;
- Selling, trading, or giving an account to another person without designity (designedin)’s consent;
- Sharing or soliciting contact information such as email, phone number, or Skype ID in a profile or job post;
- Soliciting or processing payment outside of designity (designedin) in violation of the Terms of Service;
- Advertising products or services that are outside or beyond the scope of the designity (designedin) marketplace; and
- Advertising on designity (designedin) to recruit Freelancers to join an Agency or another website or company.
7.3 Using the Site to Post False or Misleading Content
All profiles, jobs, proposals, and other content posted to the Site must be truthful and not misleading. Here are examples of prohibited uses:
- Misrepresenting a Freelancer’s experience, skills, or information;
- Impersonating any person or entity, including, but not limited to, an designity (designedin) representative, forum leader, guide or host, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
- Falsely attributing statements to any designity (designedin) representative, forum leader, guide or host;
- Allowing another person to use your account, which is misleading to other Users;
- Falsely stating or implying a relationship with designity (designedin) or with another company with whom you do not have a relationship;
- Falsely stating or implying a relationship with another User, including an Agency continuing to use a Freelancer’s profile or information after the Freelancer no longer works with the Agency; and
- Falsely stating that one Freelancer will perform the work on a job when another will in fact perform the work, including submitting a proposal on behalf of a Freelancer that is unable, unwilling, or unavailable to do the work.
We reserve the right, but do not assume the obligation, to investigate any violation of these Terms. We may investigate violations and may remove, disable access to, or modify any content that violates these Terms.
We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing appropriate User information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of these Terms.
9. REPORTING AND CORRECTING VIOLATIONS
If you become aware of any violation of these Terms, you must immediately report it to Customer Service. You agree to assist us with any investigation we undertake and to take any remedial steps we require in order to correct a violation of these Terms.