Do More Design provides an online platform that connects customers who wish to purchase designs (“Customers”) and designers who wish to provide such designs (“Designers”) through Design Contests,
“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. If you are also a Designer, further the provisions in this Agreement regarding Designers apply to you. “Sold Design” means the applicable winning Design Concept, purchased Design Template (and any customised version thereof), or the design sold under the Project Service. “Sale” means the applicable sale. “IPR” means all trade secrets, copyrights, trademarks, mask work rights, patents and other intellectual property rights recognised by the laws of any country.
(a) Customers may create a design contest (“Design Contest”) by creating a design brief (“Design Brief”), paying the Customer Payment and following the other instructions on the Site. The Design Brief must clearly specify the requirements for the Design Contest, such that Designers clearly know the rules and criteria on which their Design Concepts will be judged.
(b) Customers’ Obligations:
- Customers must comment on at least three designs in order that the contest delivers the best possible design work.
- Customers must select one winning Design Concept and two runners up by the time the Pre-Paid Contest closes.
- For the avoidance of doubt, Customer has no right or license to use any Design Concepts other than the chosen winning design
- The customer may not allow or ask for a designer to submit a design via any means other than the Do More Design website (‘site’)
GUARANTEE – REFUNDS
In the event that a customer is not happy with the designs before the selection of the three finalists they must alert the platform to the problem by emailing email@example.com
Do More will make best efforts to understand and resolve the issue to the satisfaction of the customer. If the customer has acted in good faith and a resolution is impossible, the customer will be refunded within two weeks.
Customer may not withdraw a Pre-Paid Contest for a refund of the Customer Payment after entering the final round in which the customer selects the three finalist designs.
At this stage the customer, if unhappy, should contact firstname.lastname@example.org the website will initiate an investigation. This will make best efforts to resolve the problem. Should this not be possible a full refund will be given within two weeks.
Design Transfer Agreement.
When a customer selects a winning design for the contest hosted by the customer both parties will be deemed to have entered into an agreement to transfer the design and all rights over it to the customer.
The Designer hereby indemnifies and keeps indemnified the Customer and Do More Designs against any loss, cost, expense or damage (including legal costs on a full indemnity basis) which the Indemnified Parties may suffer or incur as a result of a breach by the Designer of any of the clauses of this agreement.
Disclaimers and Release
We make no warranties regarding the platform. You should make your own endeavours to investigate the platform and the market before engaging in a transaction.
To use the service you should first open an account. You represent and uphold that the information you submit is truthful
License to User Content
You hereby grant, and you represent and warrant, that you have the right to grant, to DoMore Design an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license for all the duration of the intellectual property rights to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services; provided that the site will only use your Design Brief and Design Concepts to run the applicable Design Contest in accordance with the private or public settings of the Design Contest. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content (this sentence does not apply to customers located in the EEA). 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.
Acceptable Use Policy
The following sets forth the site’s ‘ “Acceptable Use Policy”:
You agree that you will only use the personal information of other Customers or Designers made available to you only for the purposes of interacting with them in relation to the Services. You must not use their personal information for any other purpose, including for marketing purposes. You represent and warrant that you will comply with applicable privacy laws and data protection laws.
You agree not to use the Site or Services to provide any products or service that (a) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libellous, pornographic, obscene, patently offensive (e. g. , material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) is in violation of any Laws, or obligations or restrictions imposed by any third party.
You agree not to use the Site or Services to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Site or Services; (g) introduce software or automated agents or scripts to the Site or Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services; (h) impersonate any person or entity or falsify or misrepresent yourself or your affiliation with any person or entity; or (i) display, mirror, or frame the Site.
We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion (including removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities) if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person.
Subject to the terms of this Agreement, DoMoreDesign.com 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.
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, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build or promote a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.
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 DoMoreDesign.com. 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. DoMoreDesign.com and its suppliers reserve all rights not granted in this Agreement.
You agree to indemnify and hold DoMoreDesign.com (and its officers, employees, and agents) harmless, including reasonable costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Site or Services, (ii) your User Content (including your Design Contest, Design Concept, Design Template, designs in the Project Service, and Reviews), (iii) your interaction with any other User, or (iv) your violation of this Agreement or any applicable laws.
Third Party Sites & Ads.
The Site might contain links to third party websites, services, and advertisements for third parties (collectively, “Third Party Sites & Ads”). Such Third Party Sites & Ads are not under the control of the site and the site is not responsible for any Third Party Sites & Ads. The site provides these Third Party Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads.
12. Term and Termination.
Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services. We may (a) suspend your rights to use the Site and/or Services (including your Account) or (b) terminate this Agreement, at any time for a legitimate purpose, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement, your Account and right to access and use the Site and Services will terminate immediately.
The Site and Services are provided “AS-IS” and “AS AVAILABLE” and we (and our suppliers) expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We (and our suppliers) make no warranty that the Site or Services: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
Limitation on Liability.
In no event shall we (and our suppliers) be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to this Agreement or your use of, or inability to use, the Site or Services, even if we have been advised of the possibility of such damages. Access to, and use of, the Site and Services are at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data resulting therefrom.
This Agreement (including pricing terms) is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any) and/or by prominently posting notice of the changes on our Site. Any changes to this agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site or Services. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Continued use of our Site or Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
The parties irrevocably submit to the exclusive jurisdiction of the courts of London, England and their Courts of Appeal.
This Agreement constitutes the entire agreement between you and us regarding the use of the Site and Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Designer Terms & Conditions
As a designer on this platform you agree to the following
General Payment Terms – Designers
All payment will be in the local currency based on the location of the Site. 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. Do More Design is not responsible for the collection, report, payment or remittance,of any of these sums.
You agree not to avoid the payment methods offered by the Site and to only communicate with Customers on the site and only take payment through the site.
You will not:
- (a) Share information on your Profile that would assist this such as : phone number, email, Skype etc.
- (b) Ask people to pay by other means
- (c) Accept invitations to trade in any way that does not use the auspices of Do More Designs
You will notify the site if you are asked to partake in such activities
- (d) submit designs which plagiarise, copy or otherwise infringe the rights of third parties who could have reasonable claim on any intellectual property you submit as your own work
Copyright © 2017, Alumni Design Ltd. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks