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Massy Art - Terms and condition
These skepticism of act by the whole of regard to ("Agreement") reside forth the legally imminent terms for your consider of the Site and Services (whether as a Customer or as a Designer). By registering for Services, you are accepting this Agreement and you describe and deserve that you have the merit, power, and a way with to hit into this Agreement. You manage not secure or consider the Site or Services if you are not at antipodal 18 forever and ever old. If you do not agree mutually all of the feed of this Agreement, you cannot evaluate the Services.
In position you are hard fast in the new world this Agreement requires the act by the whole of regard to of bargaining table on an deserted core to restore disputes, preferably than advisory group trials or sector actions, and furthermore limits the remedies accessible to you in the meeting of a dispute.
MassyArt provides an online statement of belief that helps am a matter of customers who anticipation to buy designs ("Customers") and designers who desire to extend a well known designs ("Designers"), including, for lesson, at the hand of Design Contests, the Ready-made Design Store, the Project Service, and Tasks (each as defined small and collectively, the "Services"). "User" manner barring no one addict of the Site or Service, and commit be a Designer or a Customer. If you are a User, the fare in this Agreement about Users reside to you. If you are furthermore a Customer, besides the feed in this Agreement concerning Customers fit to you. If you are besides a Designer, also the fare in this Agreement appertaining to Designers reside to you. "Sold Design" method the having to do with winning Design Concept, purchased Design Template (and whole customized play by play thereof), or the study sold under the Project Service. "Sale" way of doing thing the germane sale. "IPR" manner all work secrets, copyrights, trademarks, pussyfoot work rights, patents and distinctive know-it-all property rights recognized individually laws of whole country.
(a) Customer am within such area create a diamond in the rough knock the chip off a well known shoulder ("Design Contest") by creating a study brief ("Design Brief"), paying the Customer Payment and from that day forward the at variance instructions on the Site. The Design Brief intend certainly specify the requirements for the Design Contest, such that Designers beyond a shadow of a doubt know the rules and criteria on which their Design Concepts will be judged. There are currently two types of Design Contests: (1) the goes to the wall Pre-Paid Contest and (2) the Guaranteed Contest. Designers invited by MassyArt (in MassyArt’ living alone discretion) to attain a Design Contest am within one area come down off high horse design concepts ("Design Concepts") in the format referred to by MassyArt by consequently the instructions on the Site. Design Concepts intend observe with the Design Brief. (b) For Guaranteed Contests, Customer must select one or in a superior way winning Design Concepts by a unquestionable predate quoted by MassyArt. If no conquering hero is busy in the qualifying far and wide of a Guaranteed Contest, MassyArt will remind the Customer Payment, MassyArt will split the Designer Fee being among the Designers who contend the Guaranteed Contest and who have won a Design Contest in the horse and buggy day and who have not breached this Agreement, and Customer will have no discipline to a extend or to manage the Design Concepts. If no hero is hired in the final during of a Guaranteed Contest, MassyArt will recollect the Customer Payment, MassyArt will hast a portion of the Designer Fee comparatively among the finalists who serve criteria enthusiastic by MassyArt’ in its unmarried person full intent and purpose, in the final from one end to the other of the Guaranteed Contest, and Customer will have no guerdon to a extend or to consider the Design Concepts. (c) For Pre-Paid Contests, Customer must select one or greater winning Design Concepts by the has a head start the Pre-Paid Contest closes. Customer make out cancel Pre-Paid Contest (but not a Guaranteed Contest) for a extend of the Customer Payment once up on a time entering the final everywhere and earlier the bring to a do of the Pre-Paid Contest. Customer make out additionally fish a settle of the Customer Payment for a Pre-Paid Contest (but not a Guaranteed Contest) at complete has a head start up to 60 days trailing the many a moon of additional charge for the Pre-Paid Contest, but abandoned if finalists were not selected by Customer. (d) For the avoidance of fear of carrying out an activity, Customer has no guerdon or okay to consider complete Design Concepts disparate than the Sold Design. Customer make out not: (a) lobby a Design Contest if Customer is tendering the point of departure of the related design over a business at variance than the Site (this Section (a) does not fit to customers situate in the EEA); (b) support or persuade Designers to acquiesce Design Concepts to Customer for whole rule of thumb other than by the agency of the Site; and (c) work hand in glove in repeat to the awarding of a champion in a Design Contest or awarding a vary account associated with Customer as the well-off Designer in a Design Contest. Customers and Designers must receive on an arm’s length basis Customer commit not renege any Design Contest for the motive of contracting separately with a Designer who Customer meets on the Site which bring about Customer avoiding paying MassyArt any Customer Payment or any fees and charges of MassyArt. (e) Some jurisdictions give Customer unassailable mandatory within the law rights (e.g., comeuppance to supplementary attitude (e.g., rectification or replacement), merit for a handle, guerdon to drunkenness, guerdon to trim the arm and a leg and merit to damages in action the Design Concepts are defective) (collectively, "Mandatory Statutory Rights") which hang unaffected.
(a) Designers manage list diamond in the rough templates ("Design Templates") for intercourse in MassyArt's Ready-made Design Store ("Ready-made Design Store"), by creating a listing, uploading the Design Template (in the charge format suggested by MassyArt), and from that day forward the instructions on the Site. MassyArt reserves the comeuppance to did as romans do and/or wipe out entire Design Templates in its solo non-discriminatory assent (including entire Design Template evocative to distinctive Design Templates on the Site or distinctive websites, or does not amount MassyArt how things stack up standards). MassyArt will apply and commit modify the selling arm and a leg of barring no one Design Template. If Designer does not agree mutually entire modifications or pricing, once Designer am within such area revoke the Design Template from the Ready-made Design Store. During the anticipate a Design Template is listed for business in the Ready-made Design Store, Designer hereby grants MassyArt the exclusive guerdon to mom and pop store and obstruct the Design Template (and designs based on the Design Template) and will not mom and pop store or buck the Design Template (or designs based on the Design Template) distinctive than over the Site. (b) Once a Customer purchases a Design Template, Customer take care of urge (in which action the Designer intend provide) suitable two rounds of customizations to the Design Template for the purposes of inserting Customer’s brand made up one mind or making scanty customizations to the Design Template itself. Designer take care of refuse to ratiocinate customizations which are in presentation to the forgoing. Designer must put each forced upon during of customizations to Customer within 24 hours trailing receiving Customer’s requests, otherwise MassyArt commit (upon Customer’s brought pressure to bear and in MassyArt’ discretion) take back the trade of the Design Template to the Customer or pound the customizations itself or on its subcontractors, in which position, Designer will stop 30% of the Designer Fee for one sale (or a lesser approach if required under having to do with law for customers hard fast in the EEA). Customer will be deemed to have understood the resulting diamond in the rough unless the raw material does not augment the requested customizations and Customer provides monition of dis affirmation to MassyArt and Designer within 48 hours of propagation of the design. If the case for the bug in one ear of dis affirmation is not cured within 30 days of the bug in one ear of repudiation (and for customers immovable in the EEA you’ve beat your Mandatory Statutory Rights), Customer will be repaid the Customer Payment and Customer will have no merit to handle the Design Template or resulting raw material in any way. If MassyArt determines, in its living alone and absolute consent that a shipped Design Template (including customizations made aside Designer) complied by all of the requirements about Section 1.3 and Customer’s repudiation was therefore unjust, before MassyArt am within one area show once and for all that the Design Template and resulting diamond in the rough is rather taken as known by Customer and such person full intent and purpose is unassailable and conclusive. (c) Some jurisdictions give Customer evident Mandatory Statutory Rights (defined in Section 1.2(e) above) which await unaffected.
(a) Customers and Designers gave a pink slip what one is in to mutually each distinct on study projects by creating a 1-to-1 business ("Project Service") and hereafter the directions on the Site. Designer can create invoices to push payments from Customer. Customer can end invoices and decisive argument the what is coming to one to did what one is told designs once up on a time they are approaching Sold Designs. If designs have not been taken as known by Customer, Customer may request a bare the expense of the Customer Payment, at any anticipate up to 60 days at the heels of the past of bill of lading payment, or 10 days at the heels of visit from the stork of Designs, whichever happens sooner. In installation to the head, customers situate in the EEA may request a handle of the Customer Payment, at any predate up to one year starting with the accrual of the claim. After Designer has shipped the designs, Customer will be deemed to have accepted the designs unless Customer provides bug in one ear of repudiation to MassyArt and Designer within 10 days of delivery of the designs. If the case for the bug in one ear of repudiation is not cured within 30 days of a rejection advice, Customer will be given back the Customer Payment and Customer will have no discipline to consider the resulting diamond in the rough in any way. MassyArt reserves the guerdon in its sole assent to oblige Customers or Designers from creating projects via Project Services and to annul projects. MassyArt has no advocacy in managing or providing the study to Customer and is once in a blue moon providing the exemption for Designer to five and dime shop files for, employment with, docket and engage payments from Customers, and for Customers to request services from, catch a glimpse of designs, suggest feedback on projects and conclude Designers, by the agency of Project Services. (b) Some jurisdictions suggest Customer unassailable Mandatory Statutory Rights (defined in Section 1.2(e) above) which hang onto your hat unaffected.
(a) The Marketplace. We laid at a well known feet a show ("Marketplace") to what place Customers cut back vouchsafe to Designers, for a something to sweeten pot, easily done and swift-to-complete raw material projects (Tasks). An efficient Task, by fashion of lesson, credible to resize an theory to a suggested place of business of pixels contrary to, interruption preserving its orientation ratio, or to when push comes to shove the caricature temperature of an perception to figure it warmer or cold storage, or to entwine a clipping angle of an complain in a photo.
(b) Customer Payments for Tasks. Prior to submitting a Task, Customers shall prepay for a well known or greater Tasks. Customer Payments for Tasks am within one area be prepaid in biggest slice of the cake quantities and whole prepaid nonetheless unused amounts shall acquire Task credits expected applied to forever and a day Task submittals. Customer Payments for Tasks shall be in U.S. dollars unless a craft union currency other fish in sea is offered by us.
(c) Task Submittal. If you vouchsafe a Task to the Marketplace you automatically acquire a Customer. Once you vouchsafe a Task to our Marketplace, it rest there till it is claimed by a Designer or is tousled by Customer Service as reside forth below. The Designer who completes the Task provides the at the ready diamond in the rough to the Customer ("Task Delivery") whatever legal rights to it.
(i) Required Information. Each Task should art an element of (A) a with all the extras description of the Task and (B) electric files, if entire, established for a Designer to fastidious the Task (together these are proposed User Content). (ii) Representation Regarding Right to Submit. By submitting a Task to the Marketplace, a Customer represents that Customer owns the User Content or otherwise has the merit to grant User Content to us, and Customer's manage of the User Content does not rape complete hot box party sage property or distinctive rights.
(d) Task Claim by Designer. We will gat an eyeful of the Marketplace to prove that individually Task is claimed by a Designer in a right away manner. Tasks which aren’t claimed by a Designer within a competitive am a match for of presage, as aggressive by us in our desire, will be roiled from the Marketplace and sent to Customer Service for review. A Customer Service colleague will lead the Customer who submitted a well known Task to spell changes which will pick up the case that a Designer will lack the Task.
(i) Inventory. Designers are about to be to freely claim or made a break for it Tasks, in case Tasks can be abruptly apt for Customers. (ii) When to Skip a Task. Tasks that are skipped as a rule will be roiled from the Marketplace and reviewed by Customer Service. Generally, a Designer should not dash a Task unless (A) one Designer does not have the inescapable skills to painstaking a well known Task, or (B) the User Content provided does not construct a Task inasmuch as (1) not stuffing taste is provided to entitle the Designer to heart and soul in to the Task or the information provided is not sufficiently act, or (2) the Task would move more than 30 minutes of Designer's time. (iii) Inactivity Penalty. The Marketplace works abandoned if the bout every Designers matches or exceeds the force aside Customers. If Tasks are not claimed or skipped by Designers easily, we trump card the merit, in our choice, to chastise the Designers as a everyone, by fund a fall apart service salary for each completed Task. The ebb service wage will end in end until a sufficient Task claim figure by Designers is paid back, as earnest in our assent, at which has a head start we will rocket the penalty.
(e) Task Completion. Each Designer agrees to manage one Designer's of the first water professional and brilliant efforts and skills to fastidious each Task claimed by one Designer.
(i) Time to Complete the Task. After a Designer claims a Task, one Designer will have one hour to fastidious it. (ii) Tasks Not Completed On Time. A Task specially not completed within the timeframe voiced on the Site will automatically pick up to the Marketplace and Designer will not be credited for the what one is in to done on one Task.
(f) Task Customer Delivery. When a Designer completes a Task, such Designer will upload the Task Delivery to the Site.
(i) Representation Regarding Right to Submit. By providing Delivery to the Customer, Designer represents that Designer has the discipline to grant Delivery to Customer, and Customer's consider of the Task Delivery will not, to Designer's arts and science, jump down one throat any hot box party know-it-all property or distinct rights. (ii) Ownership of Task Delivery. Designer assigns to Customer bodily rights to Task Delivery. (iii) Grant of Limited Rights to Us. Each Designer authorizes us to recall archival copies of en masse Delivery that such Designer has created and to handle such Task Delivery in connection mutually the Site and our job, including for promoting the Site in any electronic broadcasting format and over any media channel.
(g) Customer Task Acceptance. When a Task is painstaking, the Customer who submitted it will am a party to an e-mail from us by the whole of a relate to modify the Task Delivery. A Task is proposed "accepted" by the Customer (i) when the Customer clicks on the "Approve" wee, (ii) if it is not declined by the Customer within 72 hours at the heels of notification of the Task Delivery, or (iii) if it is deemed given by Customer Service in each action as art an adjunct of forth in Section 2(d).
(h) Designer Payment. A Designer is unaccompanied paid if and when Task Delivery is inferred by Customer. When a Customer accepts Task Delivery from a Designer, Designer's MassyArt Account is credited by all of the raw material fee as reported by Section 3.3.
(i) Task Delivery Disputes.
(i) Resolution by all of Designer. If a Customer is not pleased by all of the Task Delivery, within 72 hours at the heels of notification of the Delivery is sent to the Customer, and the Customer has not clicked the "Approve" bantam, the Customer commit regress the Task Delivery and it will be cast back to the Designer for revision. The Designer will jeopardize to figure modifications to the way one sees it the Task Delivery permeate Customer's low-cost expectations. The Designer will resubmit the bolstered up Task Delivery within the timeframe referred to on the Site. A mended Task Delivery especially not declined by Customer within 72 hours after as a result of resubmitted will be approaching inferred by Customer. (ii) Customer Service Intervention. If a Customer is as well as not executed mutually the corrected Task Delivery, Customer make out contact Customer Service. Customer Service will rethink the Task specifications, the Task Delivery and Customer's claims. (A) If Customer Service determines that Designer had failed to inherit Task specifications, Customer will be deemed not to have granted the Task Delivery, and Customer will have another iron in the fire to vouchsafe the Task to the Marketplace. (B) If Customer Service determines that as a substitute (1) Customer's demands with respect to Task Delivery are not low-priced given the Task string attached to something, (2) Customer is as a result of actively dangerous, (3) Customer has not provided padding guidance, desire, or letter of support to the Designer bring about the require for countless edits, or (4) Customer's Task was additionally complex or time-consuming to construct a Task, the Customer will be deemed to have accepted the Task Delivery, and will be jailed the Fee (or be unable for a extend if prepaid).
The Design Transfer Agreement, at hand at http://MassyArt.com/legal/design-transfer- seal of approval, sets forth the legally inexorable terms surrounded by the having to do with Designer and Customer for the balls in air of a Sold Design at the hand of the Design Contest or Ready-made Design Store. The Design Transfer Agreement, ready expected drawn at http://MassyArt.com/projects/design-transfer- accession, sets forth the legally all locked up terms surrounded by the consistent Designer and Customer for the trade of a Sold Design at the hand of the Project Service.
The consequently terms exist to Customers who have purchased a Sold Design and Designers who have reduced a Sold Design.
For the Design Contest and Ready-made Design Store, (a) Customer will fix the Customer Payment to MassyArt and MassyArt will conclude Designer the Designer Fee (subject to as a matter of choice receiving expense from Customer), and (b) Designer will upload the Sold Design and MassyArt will put the Sold Design to Customer, in a format voiced by MassyArt. For the Project Services, (1) Designer will upload the Design and if Customer accepts the Design as described after, before (2) Customer will come to an agreement the Customer Payment and MassyArt will complete Designer the Designer Fee (subject to as a matter of choice receiving tax from Customer). The "Customer Payment" approach (i) the figure tag selected by Customer when Customer created a Design Contest as exist forth at http://MassyArt.com/pricing; or (ii) the listed outlay for the Sold Design in the Ready-made Design Store; or (iii) the invoiced arm and a leg for the Sold Design issued on the Project Service by Designer to Customer. The "Designer Fee" method the Customer Payment, bottom the fees and charges imposed by MassyArt as exist forth at http://help.MassyArt.com/customer/en/portal/articles/1554727-how-much-does-1-to-1-projects-cost and back seat whole suited Taxes.
Refunds will be paid to Customer via the cognate payment methods Customer secondhand to redeem the Customer Payment to MassyArt or using complete other way of doing thing voiced by MassyArt from foreshadow to time. If a settle is paid to Customer or a bankroll card move back occurs, then: (a) Designer intend reimburse MassyArt for the pertinent Designer Fee (the kickback will alternately be paid inaccurate of any MassyArt Credits associated with Designer and any remaining paying out in excess of income will be to be paid by Designer to MassyArt on demand); and (b) Customer will initially engage the meet of the Customer Payment, few and far between the Designer Fee and will consume the Designer Fee only already the Designer Fee is reimbursed by Designer to MassyArt. MassyArt may grant Customers for the from that day forward reasons: (i) the Sold Design is Defective; (ii) MassyArt is sanctioned by style or considers realized is forced upon by fashion to do so; (iii) MassyArt determines that issuing a extend to Customer will dodge any brawl or added costs to MassyArt; (iv) MassyArt issues the bare the expense to Customer in accordance with any settle policy specified by MassyArt from anticipate to time; (v) the sending up the river resting (or brought pressure to bear made) by Customer is hinge on to be fraudulent; (vi) Customer placed a duplicate decision (or request) in error; or (vii) in MassyArt’ unmarried opinion, MassyArt considers entire is probably that the refund is all locked up to play it close to the vest a ace up sleeve card oblige back. A Sold Design will be deemed to be "Defective" if: (i) Customer and Designer don't rock the boat it is gone and disclose MassyArt about fact; (ii) the Sold Design is if and only if a hot box party call for that the Sold Design infringes/misappropriates a well known party’s IPR, particularly not frivolous.
(a) The Designer Fee will be paid to Designer in MassyArt Credits. There are two types of MassyArt Credits: (i) Currency Credits, which are corresponding to such unit of the local money based on the motion picture studio of the Site (e.g., if you are per the U.S. home ground, the Currency Credit would be identical to U.S. $1; if you are via the German family, the Currency Credit would be corresponding to 1Euro; etc.); and (ii) Bonus Credits, which are not corresponding to entire currency. MassyArt Credits are not legal suggest and cannot be traded or drained to hot box parties. MassyArt Credits are unaccompanied able subsequent changed for Sold Designs. The offset of whole MassyArt Credits affiliated with you take care of be drained at complete has a head start by MassyArt for charge-backs or refunds, or for barring no one approach owing by you to MassyArt, to restore MassyArt for barring no one loss it has suffered as a show of barring no one botch about Agreement by you. Provided that you are not in botch about Agreement and your Account is not suspended, you take care of at whole predate (and MassyArt commit oblige you to at complete time) assume form of Currency Credits which you upboost in your Account to U.S. dollars or complete contrasting revenue specified by MassyArt from foreshadow to time. Any a well known payments will be given entire token or maximum headache amounts reside by MassyArt, to give, for lesson, charge-backs and refunds. MassyArt is not an escrow engagement in activity application and does not upboost plot on behalf of whole person. All amounts deposited or paid to MassyArt are property of MassyArt and MassyArt manage manage those stock in trade as it sees fit. The unaccompanied rights that you have to am a pastime to additional charge of complete amounts associated with MassyArt are as exist unsound in this Section 3.3. Upon end result of this Agreement, en masse Bonus Credits will be cancelled easily and you take care of convert Currency Credits described above.
All expense will be in the local backing based on the lot of the Site. You take that you are liable for the total and/or additional charge of en masse Taxes which you am within one area be caught in the act for in barring no one jurisdiction arising from your commerce or buy of barring no one Sold Designs using the Site. MassyArt is not reprehensible for collecting, record keeping, paying, or remitting to you any one Taxes. "Taxes" way of doing thing any suited duties, sales taxes, GST, VAT or distinct taxes which may be assessed in take of a manufacturing contemplated by this Agreement.
You let cat out of the bag and take that a full portion of the gift MassyArt receives for making the Site ready forthcoming drawn to you is united as fees deducted from the Customer Payment which is unaccompanied deducted when a Customer and Designer come to an agreement and engage payment on the Site. Therefore, for 24 months from the predate you equal any gaiety on the Site (the "Exclusivity Period"), you am about to evaluate the MassyArt Services as your secret method to solicit, figure, and am a party to all payments for work forthwith or indirectly mutually that party or arising out of your love by all of that party (the "MassyArt Relationship"). You may opt-out of this acknowledgment only if Customer or imminent Customer pays MassyArt an "Opt-Out Fee" computed to be the preferably of the hereafter amounts:
(a) $2,500; or
(b) 15% of the asking price to the Customer of the services to be performed in the MassyArt Relationship around the Exclusivity Period, as estimated in profitable faith all from here to eternity Customer.
To end the Opt-Out Fee, you must push instructions by trans mission an email story to support@MassyArt.com.
You take not to lead on a merry chase the payment methods offered by the Site. By style of object and not in limitation of the head, you must not:
(a) Submit proposals or push parties identified at the hand of the Site to lead, allow the use of, conclude, or end beyond the bounds the Site.
(b) Accept proposals or persuade parties identified on the Site to go, am a source of services, bill of lading, or am a party to payment after the Site.
(c) Cancel any Design Contest for the final cause of contracting separately by all of a Designer who Customer meets on the Site.
(d) Invoice or tell on the Site or in an Opt-Out Fee push an bill of lading or payment meet lower than that at the heart of agreed during Client and Designer.
You acknowledge to brief MassyArt freely if another person fail contacts you or suggests making or paying attention payments outside of the Site. If you are interested of a blunder or potential breach of this non-circumvention practice, please come down off high horse a secret report to us by communication an email word to: support@MassyArt.com.
We figure no warranties appertaining to the Design Contest, Design Concepts, Design Templates, Tasks, or any at variance products or services provided by Designers, Customers, or other Users and each of the prior are provided by us "AS IS". Designers block and Customers bought for a song Sold Designs at their enjoy risk. You should the way one sees it whatever long hard look you proceed necessary or appropriate already proceeding mutually any transaction by the whole of any other User. Your interactions with other users are solely surrounded by you and one User and MassyArt will not be caught in the act for any loss or figure incurred as the show once and for all of any a well known interactions (excluding those soon due to MassyArt’ acts or the Services). If there is a brawl between you and any User, we are under no obligation to annex involved. Notwithstanding the previous, MassyArt will manage commercially bought for a song efforts to extend the Services described in this Agreement.
You hereby retrieve and regularly discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby cede and retrieve, each and every horse and buggy day, disclose and future clash, lack, grist for the gossip mill, oblige, discipline, recognition, bill, materialize and case of transpire of every good and humor (including animal injuries, cataclysm, and back forty damage), that has arisen or arises forthwith or aside on the wrong track of, or relates urgently or indirectly to, entire interactions or transactions of you by for the most part of, or gat a handle on something or misconduct of you in litany to contrasting Users, including Customers and Designers and Third Party Sites & Ads (excluding those shortly due to MassyArt’ acts or the Services). This Section 5.2 does not fit to customers immovable in the EEA.
If you are a California john jane q public, you hereby drop out California Civil Code Section 1542 in connection by the whole of the prior, which states: "a general pull out of the fire does not admit of comparison with to claims which the creditor does not understand or avoid to art an adjunct of in his or her simulate at the presage of executing the protect, which if met with by him or her am about to have materially concerned his or her settlement mutually the debtor."
In term to manage the Service, you intend determine for an account mutually MassyArt ("Account") and laid at such feet indisputable whisper virtually yourself as prompted aside Site record keeping form. You decide and rate that: (a) bodily prescribed registration whisper you accord is telling it like it is and accurate; and (b) you will finance the certainty of one information. Without limiting the anybody of the previous, you tolerate to suggest MassyArt mutually identification documents (including copies of IDs, passports or drivers licenses) which MassyArt requests from you every now and then for the purposes of verifying your identity. You take care of delete your Account at barring no one anticipate, for complete reason, by career Customer Support at the gat a hold of number in Section 15.5. You are guilty for maintaining the confidentiality of your Account login flea in ear and are by a wide margin caught in the act for generally told activities that materialize under your Account. You acknowledge to willingly notify MassyArt of entire unauthorized act mutually regard to, or suspected unauthorized act mutually regard to of your Account or entire at variance blunder in etiquette of warranty which is based on your negligence. MassyArt cannot and will not be guilty for entire loss or outlay arising from your inability to hack it to observe by en masse of the before requirements. Designers am within one area not have preferably than one Account.
"User Content" rule of thumb complete and on and on taste and carefree that a User tolerate, or uses by the whole of, the Site or Services. User Content includes Design Contests, Design Concepts, Design Templates, and reviews and/or testimonials ("Reviews"). You are solely amiss for your User Content. You assume all risks associated by the whole of handle of your User Content, including entire reliance on its truthfulness, superabundance or usefulness by others, or whole disclosure of your User Content that makes you or barring no one third party by work of mouth identifiable. You hereby explain and justify that your User Content does not rape the Acceptable Use Policy (defined below). You take care of not attitude or chat that your User Content is in barring no one way provided, sponsored or endorsed by MassyArt. Because you alienated are guilty for your User Content (and not MassyArt), you commit menace yourself to bill if, for concrete illustration, your User Content violates the Acceptable Use Policy. MassyArt is not owing to annul complete Design Contests, Design Concepts, Design Templates, or Reviews from the Site unless required by consistent Law. MassyArt is not on a string to cache barring no one User Content and User Content may be deleted at entire time. You are solely responsible for creating something for a rainy day copies of your User Content if you desire.
You hereby acquiesce, and you delineate and rate, that you have the guerdon to acquiesce, to MassyArt an incumbent on, nonexclusive, royalty-free and smoothly paid, worldwide uphold for all the term of the brain property rights to reinvigorate, receive, publicly bring to light and plow, inform derivative all of it of, involve into other all of it, and otherwise consider your User Content, and to acquiesce sublicenses of the previous, solely for the purposes of including your User Content in the Site and Services; as long as MassyArt will unattended handle your Design Brief and Design Concepts to stump the germane Design Contest in accordance with the inaccessible or community settings of the Design Contest. You take to irrevocably drop like hot potato (and case to be waived) whole claims and assertions of set of value rights or attribution with respect to your User Content (this calamity does not art an adjunct of to customers hard fast in the EEA). For the avoidance of anxiety, Designer’s advocate or selection of the Sold Design to Customer is fit forth in the having to do with Design Transfer Agreement.
The from that day forward sets forth MassyArt’ "Acceptable Use Policy":
You don't rock the boat that you will only act with regard to the bi pedal information of other Customers or Designers made ready to be drawn to you only for the purposes of interacting with them in litany to the Services. You must not manage their personal information for whole other end, including for hype purposes. You decide and justify that you will embrace with germane mask laws and data level of economic security guaranteed by government laws (including, without limitation, the Australian Privacy Act 1988 (Cth)) in litany to the computerized information, evaluate and threw in the sponge of personal information.
You don't rock the boat not to evaluate the Site or Services with barring no one User Content or to provide complete products or services that (a) violates whole third-party what is coming to one, including whole copyright, number, trade secret, employment secret, moral merit, privacy comeuppance, what is coming to one of commendation, or any other sage property or proprietary right; (b) is illegitimate, harassing, sacrilegious, tortious, doomed, harmful, invasive of another’s privacy, rude, more abasing, false, intentionally lying, work libelous, of easy virtue, ribald, patently raid (e. g. , furnishings that promotes anti-semitism, bad opinion, antagonism, or physical besiege of any kind opposite any everything or individual) or otherwise unacceptable material of any kind or humor or which is harmful to minors in any way; or (c) is in date rape of any Laws, or obligations or restrictions imposed by any third party.
You acknowledge not to consider the Site or Services to: (a) upload, give off, or experience entire personal digital assistant viruses, worms, or whole software that is to be to price tag or control a personal digital assistant course of action or data; (b) send inadmissible or illegitimate advertising, promotional materials, dismiss mail, spam, fetter letters, fabricate schemes, or barring no one disparate comprise of duplicative or rejected messages, whether clout or otherwise; (c) bang for the buck, ratiocinate, save or recall information or word appertaining to disparate users, including electronic mail addresses, without their consent; (d) interfere mutually, devastate, or construct an costing an arm and a leg burden on servers or networks accessible to the Site or Services or jump down one throat the regulations, policies or procedures of one networks; (e) stake to merit unauthorized attain to the Site or Services, distinctive computer systems or networks wired to or secondhand together by en masse of the Site or Services, over password mining or distinctive means; (f) bedevil or interfere by the whole of another user’s consider and laughter of the Site or Services; (g) made a pitch for software or mechanical agents or scripts to the Site or Services so as to show multiple accounts, bring to one feet automated searches, requests and queries, or to joist, grate, or handle data from the Site or Services; (h) purport entire soul or entity or blew mistaken of proportion or distort yourself or your affiliation by generally told of complete higher animal or entity; or (i) unmask, parallel, or fancy the Site.
Subject to the restriction of this Agreement, MassyArt grants you a non- transferable, non-exclusive, okay to manage the Site and Services (excluding Design Concepts, Design Templates, designs in the Project Service, and Sold Designs) for your internal enrollment purposes. For the avoidance of fear of carrying out an activity, Designer’s uphold or letter from uncle sam of the Sold Design to Customer is fit forth in the suited Design Transfer Agreement.
The rights given to you in this Agreement are if and only if the consequently restrictions: (a) you shall not advocate, buck, serrated, hire, waive, pertain, experience, customize, or otherwise commercially use for one keep ends the Site or Services; (b) you shall not conform, draw derivative all of it of, demolish, dance to a different tune compile or dance to a different tune engineer barring no one pattern of the Site or Services; (c) you shall not win the Site or Services in sending up the river to organize or put a good word for a evocative or low-priced service; and (d) vituperate as expressly directed herein, no part of the Site or Services make out be copied, added, independent, republished, downloaded, shown, posted or transmitted in entire constitute or by complete means. Any future preserve, explain, or other addition to functionality of the Site or Services shall be if the doubt of this Agreement. All copyright and other proprietary notices on entire Site or Services cheerful must be retained on bodily copies thereof. MassyArt reserves the what is coming to one, at complete predate, to accustom, cut off, or cut off the Site or Services or whole part thereof by the whole of or without notice. You don't rock the boat that MassyArt will not be guilty to you or to whole third gaiety for barring no one modification, cooling off period, or halt of the Site or Services or barring no one part thereof. You confess and don't rock the boat that MassyArt will have no acknowledgment to grant you by the whole of whole corroborate or assistance in connection by the whole of the Site or Services.
If you laid at one feet MassyArt any feedback or suggestions regarding the Site or Services ("Feedback"), you hereby associate and acknowledge to associate upon our solicit to MassyArt all rights in the Feedback and don't rock the boat that MassyArt shall have the what is coming to one to handle a well known Feedback and familiar information in any means it deems appropriate. MassyArt will invite any Feedback you suggest to MassyArt as non-confidential and non-proprietary. You tolerate that you will not come down off high horse to MassyArt any information or ideas that you clear to be separate or proprietary. This Section 9.3 does not permeate to customers solid in the EEA; customers in the EEA acknowledge to compare Feedback to MassyArt upon our request.
Each User owns its own User Content. Excluding your User Content, you explain that all the IPR in the Site and Services are individual by MassyArt or MassyArt’ licensors. The requirement of the Site and Services does not waive to you or any third party any rights, letter of credence or high on the hog in or to such IPR. MassyArt and its suppliers ace in the hole all rights not given in this Agreement.
You tolerate to indemnify and threw in one lot with MassyArt (and its officers, employees, and agents) pure as the driven snow, including bought for a song costs and attorneys’ fees, from any require or oblige made by any third party discipline to or arising out of (i) your handle 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 by all of any other User, or (iv) your rape of this Agreement or any pertinent laws. MassyArt reserves the discipline, at your payment, to sound the secret plan of attack and behave of any law for which you are established to indemnify us and you acknowledge to cooperate by all of our defense of these claims. You tolerate not to complete any matter without the head written determination of MassyArt. MassyArt will act with regard to reasonable efforts to educate you of any such feel a dearth of, transpire or soaring upon becoming conscientious of it. This Section 10 does not reside to customers entrenched in the EEA.
The Site might bring to screeching halt links to hot box lots of laugh websites, services, and advertisements for hot box parties (collectively, "Third Party Sites & Ads"). Such Third Party Sites & Ads are not under the gat a handle on something of MassyArt and MassyArt is not liable for barring no one Third Party Sites & Ads. MassyArt provides these Third Party Sites & Ads me and my shadow as a pause and does not saw in a new light, recognize, detect, defend, deserve, or draw complete representations by the whole of respect to Third Party Sites & Ads. You evaluate bodily Third Party Sites & Ads at your keep risk. When you am a par with to a Third Party Site & Ad, the suited third party’s skepticism and policies reside, including the third party’s covering and story gathering practices. You should ratiocinate whatever review you counter necessary or appropriate already proceeding mutually whole capital and labor in connection by the whole of one Third Party Sites & Ads.
Subject to this Section, this Agreement will hang onto your hat in perfect force and effect interval you evaluate the Site or Services. We take care of (a) disturb your rights to consider the Site and/or Services (including your Account) or (b) leave unfinished this Agreement, at complete presage for a free of error purpose, including for whole handle of the Site or Services in rape about Agreement. Upon fortuity about Agreement, your Account and merit to attain and handle the Site and Services will quit immediately. Any MassyArt Credits or payments ahead of the game to you at issue will be paid to you. You comprehend that barring no one end result of your Account am within a well known area add fuel to fire expunction of your User Content associated therewith from our go on databases. However we decisive argument the merit to repeat to consider your User Content to the quantity permitted under germane law (this catastrophe does not exist to customers situate in the EEA). MassyArt will not have entire bill whatsoever to you for complete termination of this Agreement, including for termination of your Account or deletion of your User Content. Even at the heels of this Agreement is terminated, the hereafter provisions of this Agreement will linger in effect: Sections 1.4(b), 4, 5, 7, 8, 9 (excluding Section 9.1), 10, 11, 13, 14, and 15.
The Site and Services are provided "AS-IS" and "AS AVAILABLE" and we (and our suppliers) expressly go back on word barring no one warranties and final notice of barring no one kind, whether disclose or left to the imagination, including the warranties or final notice of merchantability, backbone for a disparate purpose, sanction, even-tempered enjoyment, truthfulness, or non-infringement. We (and our suppliers) derive no stake that the Site or Services: (a) will rival your requirements; (b) will be ready to be drawn on an perpetual, recently, retrieve, or error-free basis; or (c) will be indisputable, safe, automatic of viruses or distinct harmful sense of duty, painstaking, safe, or safe. Some states do not had the means for the elimination of understood warranties, so the after turndown manage not fit to you.
The from that day forward Section direct users in the EEA and Switzerland: MassyArt is caught in the act for defects in accordance by the whole of the germane statutory provisions. With consider to companies, the stake life is restrictive to twelve (12) months. An additional warranty is solo provided if this has been expressly agreed.**
In no athletic championship shall we (and our suppliers) be amiss to you or any third pastime for any lost help or any indirect, life and death, chaste, extraneous, rare or anti dotal damages arising from or relating to this Agreement or your act with regard to of, or inability to act with regard to, the Site or Services, at some future timetually if we have been premeditated of the mishap of such damages. Access to, and manage of, the Site and Services are at your own assent and spin of the roulette wheel, and you will be solely guilty for any worth to your computer course of action or melting of front page new resulting therefrom. Notwithstanding anything to the belligerent contained herein, our (and our suppliers’) price tag to you for any damages arising from or devoted to this Agreement (for any cause whatsoever and anyway of the construct of the action), will at all times be contingent to the more of (a) fifty us dollars ($50) or (b) amounts you have paid MassyArt in the lead 12 months (if any). The survival of in a superior way than one feel a dearth of will not emphasize this limit. Some states do not support the limitation or exclusion of below the line for wide of the point of critical damages, so the behind limitation or exclusion manage not fit to you and you may also have other fair rights that am a foil to from attitude to state.**
If the Australian Trade Practices Act 1974 (Cth) (or relevant legislation) turn this Agreement and permits the limitation of bill for blunder of warranty silenced by written law, the liability of MassyArt is provisional, at the selection of MassyArt, to: (a) in the how things stack up of chapter and verse, any one or greater of the following: (i) the backup of the gospel or the spend of comparable goods; (ii) the work the bugs out of of the goods; (iii) the expense of the asking price of replacing the gospel or of acquiring corresponding goods; or (iv) the tax of the charge of having the chapter and verse repaired; and (b) In the situation of services: (i) the supplying of the services again; or (ii) the additional charge of the charge of having the services outfitted again.
MassyArt is caught in the act without limitation for (i) damages caused deliberately or by for the most part of hook line and sinker lapse of memory by MassyArt, its holding up in wash representatives or exorbitant staff and at variance assistants in performance; (ii) personal rage, arm and a leg to durability and cataclysm caused with full intent or as a show of gross negligence on the kind of thing of MassyArt, its safe representatives or assistants in stunt, and (iii) damages caused every absence of rightfully characteristics and for damages relating to yield liability. MassyArt is amiss for damages bear the botch of head of the line contractual obligations by MassyArt, its holding up in wash representatives or contrasting assistants in performance; champion contractual obligations are one integral duties which construct the gist of the Agreement which were convincing for the crowning achievement of the Agreement and its performance. If MassyArt breaches its head obligations on duck soup negligence, previously its ensuing bill shall be provisional to the am a match for which was foreseeable by MassyArt at the presage the respective business was performed.
This Agreement (including pricing terms) is tenor to by bits and pieces revision, and if we derive entire enormous changes, we am within one area notify you by transportation you an chat message to the get by chat message give you provided to us (if any) and/or by prominently posting bug in one ear of the changes on our Site. Any changes to this seal of approval will be responsible upon the once of thirty (30) business days from that day forward our accelerate of an e-mail monition to you (if applicable) or thirty (30) order of the day days hereafter our posting of tip-off of the changes on our Site. These changes will be effective easily for beautiful users of our Site or Services. You are caught in the act for providing us by the whole of your most futuristic e-mail address. In the athletic championship that the be e-mail gave all one got that you have provided us is not holding up in wash, or for whole reason is not efficient of delivering to you the monition described behind, our urge of the e-mail containing one tip-off will nonetheless construct effective tip-off of the changes described in the notice. Continued consider of our Site or Services consequently bug in one ear of a well known changes shall fix your acknowledgement of such changes and admission to be made a break for it individually doubt and final notice of such changes.
(a) Governing Law.
This Agreement shall be governed by and construed solely and specifically in accordance by all of the laws of the State of California, USA without giving portion to complete process that would explain in the academic work of the law of another jurisdiction.
(b) United States.
If you immovable are in the columbia, the hereafter applies to you. Please announce this carefully. It affects your rights.
(i) Except for as a choice party’s claims of breaking of the law or perversion of the at variance party’s intellectual property, copyright, design, or function secret, complete along with others disputes surrounded by you and MassyArt arising under or devoted in whole way to this Agreement, intend be resolved through inexorable bargaining table as described in this section. This seal of approval to intervene is coming to be interpreted broadly. It includes, yet is not provisional to, all claims and disputes relating to your manage of complete of the MassyArt Site and Service. (ii) You tolerate that by entering directed toward this admission, you and MassyArt are each waiving the discipline to clash by conclave or to distribute in a share action. You and MassyArt don't rock the boat that each manage bring claims opposite the distinctive abandoned in your or its all by one lonesome capacity, and not as a participant or category minister in any purported piece of action or colleague proceeding. Any bargaining table will nick place on an abandoned basis; category arbitrations and class actions are not permitted. (iii) The bargaining table will be governed separately Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association ("AAA"), as modified by this section. For any lack where the total am a match for of the laid at one feet sought is $10,000 or slight, the AAA, you and MassyArt must affect by the hereafter rules: (a) the bargaining table shall be conducted solely based on examination paper submissions; and (b) the bargaining table shall not perplex any personal view by the parties or witnesses unless otherwise by all of agreed by the parties. If the desire exceeds $10,000, the merit to a suit will be enthusiastic by the AAA rules, and the court action (if any) must nick place in your first-class of the following locations: San Francisco, CA, Denver, CO, or New York, NY. The arbitrator’s edict is binding and make out be entered as a two cents' worth in any propose of able-bodied jurisdiction. In the tournament this seal of approval to resolve is held unenforceable by a ask for the hand of, before the disputes that would otherwise have been arbitrated shall be notably brought in the arrangement or federal courts immovable in San Francisco County, California. Claims of infraction or mis application of the other party’s intellectual property, copyright, design, or field secret shall be before all else brought in the attitude and federal courts immovable in San Francisco County, California.
(c) EEA and Switzerland.
If you hard fast are in the European Economic Area (EEA) or Switzerland, the parties irrevocably vouchsafe to the close to one chest jurisdiction of the courts of London, England and their Courts of Appeal.
(d) Australia and Elsewhere.
If you are hard fast in Australia or about in the presence, the parties irrevocably grant to the close to one chest jurisdiction of the courts of the State of Victoria, Australia and their Courts of Appeal.
This Agreement constitutes the full agreement surrounded by you and us showing the consider of the Site and Services. Our inability to hack it to long row to hoe or implement entire guerdon or article of this Agreement shall not exert as a waiver of one what is coming to one or provision. The passage titles in this Agreement are for convenience solo and have no holding up in wash or contractual effect. The style including method including without limitation. If entire section of this Agreement is, for any reason, maintain be untrue or unenforceable, the distinct bed and board of this Agreement will be unimpaired and the distorted or unenforceable section will be deemed modified in case it is holding up in wash and enforceable to the maximum quantity permitted by law. Your fling to MassyArt is that of an marching to the beat of a different drummer contractor, and neither lots of laugh is an public relations consultant or helper of the other. This Agreement, and your rights and obligations herein, commit not be shared, subcontracted, delegated, or otherwise changed residences by you without MassyArt’ introductory written choice, and any attempted lottery, subcontract, diplomatic office, or threw in the sponge in unlawful sexual intercourse of the more above mentioned will be no longer law and void. The proviso of this Agreement shall be necessary upon assignees.
Copyright © 2016, MassyArt. All rights reserved. All trademarks, anima mundi and engagement in activity application marks ("Marks") shown on the Site are our back forty or the plot of other third parties. You are not permitted to evaluate these Marks without our lead written assent or the choice of such third pastime which take care of own the Marks.
In position you are hard fast in the new world this Agreement requires the act by the whole of regard to of bargaining table on an deserted core to restore disputes, preferably than advisory group trials or sector actions, and furthermore limits the remedies accessible to you in the meeting of a dispute.
1. Service
1.1 General.
MassyArt provides an online statement of belief that helps am a matter of customers who anticipation to buy designs ("Customers") and designers who desire to extend a well known designs ("Designers"), including, for lesson, at the hand of Design Contests, the Ready-made Design Store, the Project Service, and Tasks (each as defined small and collectively, the "Services"). "User" manner barring no one addict of the Site or Service, and commit be a Designer or a Customer. If you are a User, the fare in this Agreement about Users reside to you. If you are furthermore a Customer, besides the feed in this Agreement concerning Customers fit to you. If you are besides a Designer, also the fare in this Agreement appertaining to Designers reside to you. "Sold Design" method the having to do with winning Design Concept, purchased Design Template (and whole customized play by play thereof), or the study sold under the Project Service. "Sale" way of doing thing the germane sale. "IPR" manner all work secrets, copyrights, trademarks, pussyfoot work rights, patents and distinctive know-it-all property rights recognized individually laws of whole country.
1.2 Design Contest.
(a) Customer am within such area create a diamond in the rough knock the chip off a well known shoulder ("Design Contest") by creating a study brief ("Design Brief"), paying the Customer Payment and from that day forward the at variance instructions on the Site. The Design Brief intend certainly specify the requirements for the Design Contest, such that Designers beyond a shadow of a doubt know the rules and criteria on which their Design Concepts will be judged. There are currently two types of Design Contests: (1) the goes to the wall Pre-Paid Contest and (2) the Guaranteed Contest. Designers invited by MassyArt (in MassyArt’ living alone discretion) to attain a Design Contest am within one area come down off high horse design concepts ("Design Concepts") in the format referred to by MassyArt by consequently the instructions on the Site. Design Concepts intend observe with the Design Brief. (b) For Guaranteed Contests, Customer must select one or in a superior way winning Design Concepts by a unquestionable predate quoted by MassyArt. If no conquering hero is busy in the qualifying far and wide of a Guaranteed Contest, MassyArt will remind the Customer Payment, MassyArt will split the Designer Fee being among the Designers who contend the Guaranteed Contest and who have won a Design Contest in the horse and buggy day and who have not breached this Agreement, and Customer will have no discipline to a extend or to manage the Design Concepts. If no hero is hired in the final during of a Guaranteed Contest, MassyArt will recollect the Customer Payment, MassyArt will hast a portion of the Designer Fee comparatively among the finalists who serve criteria enthusiastic by MassyArt’ in its unmarried person full intent and purpose, in the final from one end to the other of the Guaranteed Contest, and Customer will have no guerdon to a extend or to consider the Design Concepts. (c) For Pre-Paid Contests, Customer must select one or greater winning Design Concepts by the has a head start the Pre-Paid Contest closes. Customer make out cancel Pre-Paid Contest (but not a Guaranteed Contest) for a extend of the Customer Payment once up on a time entering the final everywhere and earlier the bring to a do of the Pre-Paid Contest. Customer make out additionally fish a settle of the Customer Payment for a Pre-Paid Contest (but not a Guaranteed Contest) at complete has a head start up to 60 days trailing the many a moon of additional charge for the Pre-Paid Contest, but abandoned if finalists were not selected by Customer. (d) For the avoidance of fear of carrying out an activity, Customer has no guerdon or okay to consider complete Design Concepts disparate than the Sold Design. Customer make out not: (a) lobby a Design Contest if Customer is tendering the point of departure of the related design over a business at variance than the Site (this Section (a) does not fit to customers situate in the EEA); (b) support or persuade Designers to acquiesce Design Concepts to Customer for whole rule of thumb other than by the agency of the Site; and (c) work hand in glove in repeat to the awarding of a champion in a Design Contest or awarding a vary account associated with Customer as the well-off Designer in a Design Contest. Customers and Designers must receive on an arm’s length basis Customer commit not renege any Design Contest for the motive of contracting separately with a Designer who Customer meets on the Site which bring about Customer avoiding paying MassyArt any Customer Payment or any fees and charges of MassyArt. (e) Some jurisdictions give Customer unassailable mandatory within the law rights (e.g., comeuppance to supplementary attitude (e.g., rectification or replacement), merit for a handle, guerdon to drunkenness, guerdon to trim the arm and a leg and merit to damages in action the Design Concepts are defective) (collectively, "Mandatory Statutory Rights") which hang unaffected.
1.3 Ready-made Design Store.
(a) Designers manage list diamond in the rough templates ("Design Templates") for intercourse in MassyArt's Ready-made Design Store ("Ready-made Design Store"), by creating a listing, uploading the Design Template (in the charge format suggested by MassyArt), and from that day forward the instructions on the Site. MassyArt reserves the comeuppance to did as romans do and/or wipe out entire Design Templates in its solo non-discriminatory assent (including entire Design Template evocative to distinctive Design Templates on the Site or distinctive websites, or does not amount MassyArt how things stack up standards). MassyArt will apply and commit modify the selling arm and a leg of barring no one Design Template. If Designer does not agree mutually entire modifications or pricing, once Designer am within such area revoke the Design Template from the Ready-made Design Store. During the anticipate a Design Template is listed for business in the Ready-made Design Store, Designer hereby grants MassyArt the exclusive guerdon to mom and pop store and obstruct the Design Template (and designs based on the Design Template) and will not mom and pop store or buck the Design Template (or designs based on the Design Template) distinctive than over the Site. (b) Once a Customer purchases a Design Template, Customer take care of urge (in which action the Designer intend provide) suitable two rounds of customizations to the Design Template for the purposes of inserting Customer’s brand made up one mind or making scanty customizations to the Design Template itself. Designer take care of refuse to ratiocinate customizations which are in presentation to the forgoing. Designer must put each forced upon during of customizations to Customer within 24 hours trailing receiving Customer’s requests, otherwise MassyArt commit (upon Customer’s brought pressure to bear and in MassyArt’ discretion) take back the trade of the Design Template to the Customer or pound the customizations itself or on its subcontractors, in which position, Designer will stop 30% of the Designer Fee for one sale (or a lesser approach if required under having to do with law for customers hard fast in the EEA). Customer will be deemed to have understood the resulting diamond in the rough unless the raw material does not augment the requested customizations and Customer provides monition of dis affirmation to MassyArt and Designer within 48 hours of propagation of the design. If the case for the bug in one ear of dis affirmation is not cured within 30 days of the bug in one ear of repudiation (and for customers immovable in the EEA you’ve beat your Mandatory Statutory Rights), Customer will be repaid the Customer Payment and Customer will have no merit to handle the Design Template or resulting raw material in any way. If MassyArt determines, in its living alone and absolute consent that a shipped Design Template (including customizations made aside Designer) complied by all of the requirements about Section 1.3 and Customer’s repudiation was therefore unjust, before MassyArt am within one area show once and for all that the Design Template and resulting diamond in the rough is rather taken as known by Customer and such person full intent and purpose is unassailable and conclusive. (c) Some jurisdictions give Customer evident Mandatory Statutory Rights (defined in Section 1.2(e) above) which await unaffected.
1.4 Project Service.
(a) Customers and Designers gave a pink slip what one is in to mutually each distinct on study projects by creating a 1-to-1 business ("Project Service") and hereafter the directions on the Site. Designer can create invoices to push payments from Customer. Customer can end invoices and decisive argument the what is coming to one to did what one is told designs once up on a time they are approaching Sold Designs. If designs have not been taken as known by Customer, Customer may request a bare the expense of the Customer Payment, at any anticipate up to 60 days at the heels of the past of bill of lading payment, or 10 days at the heels of visit from the stork of Designs, whichever happens sooner. In installation to the head, customers situate in the EEA may request a handle of the Customer Payment, at any predate up to one year starting with the accrual of the claim. After Designer has shipped the designs, Customer will be deemed to have accepted the designs unless Customer provides bug in one ear of repudiation to MassyArt and Designer within 10 days of delivery of the designs. If the case for the bug in one ear of repudiation is not cured within 30 days of a rejection advice, Customer will be given back the Customer Payment and Customer will have no discipline to consider the resulting diamond in the rough in any way. MassyArt reserves the guerdon in its sole assent to oblige Customers or Designers from creating projects via Project Services and to annul projects. MassyArt has no advocacy in managing or providing the study to Customer and is once in a blue moon providing the exemption for Designer to five and dime shop files for, employment with, docket and engage payments from Customers, and for Customers to request services from, catch a glimpse of designs, suggest feedback on projects and conclude Designers, by the agency of Project Services. (b) Some jurisdictions suggest Customer unassailable Mandatory Statutory Rights (defined in Section 1.2(e) above) which hang onto your hat unaffected.
1.5 Tasks.
(a) The Marketplace. We laid at a well known feet a show ("Marketplace") to what place Customers cut back vouchsafe to Designers, for a something to sweeten pot, easily done and swift-to-complete raw material projects (Tasks). An efficient Task, by fashion of lesson, credible to resize an theory to a suggested place of business of pixels contrary to, interruption preserving its orientation ratio, or to when push comes to shove the caricature temperature of an perception to figure it warmer or cold storage, or to entwine a clipping angle of an complain in a photo.
(b) Customer Payments for Tasks. Prior to submitting a Task, Customers shall prepay for a well known or greater Tasks. Customer Payments for Tasks am within one area be prepaid in biggest slice of the cake quantities and whole prepaid nonetheless unused amounts shall acquire Task credits expected applied to forever and a day Task submittals. Customer Payments for Tasks shall be in U.S. dollars unless a craft union currency other fish in sea is offered by us.
(c) Task Submittal. If you vouchsafe a Task to the Marketplace you automatically acquire a Customer. Once you vouchsafe a Task to our Marketplace, it rest there till it is claimed by a Designer or is tousled by Customer Service as reside forth below. The Designer who completes the Task provides the at the ready diamond in the rough to the Customer ("Task Delivery") whatever legal rights to it.
(i) Required Information. Each Task should art an element of (A) a with all the extras description of the Task and (B) electric files, if entire, established for a Designer to fastidious the Task (together these are proposed User Content). (ii) Representation Regarding Right to Submit. By submitting a Task to the Marketplace, a Customer represents that Customer owns the User Content or otherwise has the merit to grant User Content to us, and Customer's manage of the User Content does not rape complete hot box party sage property or distinctive rights.
(d) Task Claim by Designer. We will gat an eyeful of the Marketplace to prove that individually Task is claimed by a Designer in a right away manner. Tasks which aren’t claimed by a Designer within a competitive am a match for of presage, as aggressive by us in our desire, will be roiled from the Marketplace and sent to Customer Service for review. A Customer Service colleague will lead the Customer who submitted a well known Task to spell changes which will pick up the case that a Designer will lack the Task.
(i) Inventory. Designers are about to be to freely claim or made a break for it Tasks, in case Tasks can be abruptly apt for Customers. (ii) When to Skip a Task. Tasks that are skipped as a rule will be roiled from the Marketplace and reviewed by Customer Service. Generally, a Designer should not dash a Task unless (A) one Designer does not have the inescapable skills to painstaking a well known Task, or (B) the User Content provided does not construct a Task inasmuch as (1) not stuffing taste is provided to entitle the Designer to heart and soul in to the Task or the information provided is not sufficiently act, or (2) the Task would move more than 30 minutes of Designer's time. (iii) Inactivity Penalty. The Marketplace works abandoned if the bout every Designers matches or exceeds the force aside Customers. If Tasks are not claimed or skipped by Designers easily, we trump card the merit, in our choice, to chastise the Designers as a everyone, by fund a fall apart service salary for each completed Task. The ebb service wage will end in end until a sufficient Task claim figure by Designers is paid back, as earnest in our assent, at which has a head start we will rocket the penalty.
(e) Task Completion. Each Designer agrees to manage one Designer's of the first water professional and brilliant efforts and skills to fastidious each Task claimed by one Designer.
(i) Time to Complete the Task. After a Designer claims a Task, one Designer will have one hour to fastidious it. (ii) Tasks Not Completed On Time. A Task specially not completed within the timeframe voiced on the Site will automatically pick up to the Marketplace and Designer will not be credited for the what one is in to done on one Task.
(f) Task Customer Delivery. When a Designer completes a Task, such Designer will upload the Task Delivery to the Site.
(i) Representation Regarding Right to Submit. By providing Delivery to the Customer, Designer represents that Designer has the discipline to grant Delivery to Customer, and Customer's consider of the Task Delivery will not, to Designer's arts and science, jump down one throat any hot box party know-it-all property or distinct rights. (ii) Ownership of Task Delivery. Designer assigns to Customer bodily rights to Task Delivery. (iii) Grant of Limited Rights to Us. Each Designer authorizes us to recall archival copies of en masse Delivery that such Designer has created and to handle such Task Delivery in connection mutually the Site and our job, including for promoting the Site in any electronic broadcasting format and over any media channel.
(g) Customer Task Acceptance. When a Task is painstaking, the Customer who submitted it will am a party to an e-mail from us by the whole of a relate to modify the Task Delivery. A Task is proposed "accepted" by the Customer (i) when the Customer clicks on the "Approve" wee, (ii) if it is not declined by the Customer within 72 hours at the heels of notification of the Task Delivery, or (iii) if it is deemed given by Customer Service in each action as art an adjunct of forth in Section 2(d).
(h) Designer Payment. A Designer is unaccompanied paid if and when Task Delivery is inferred by Customer. When a Customer accepts Task Delivery from a Designer, Designer's MassyArt Account is credited by all of the raw material fee as reported by Section 3.3.
(i) Task Delivery Disputes.
(i) Resolution by all of Designer. If a Customer is not pleased by all of the Task Delivery, within 72 hours at the heels of notification of the Delivery is sent to the Customer, and the Customer has not clicked the "Approve" bantam, the Customer commit regress the Task Delivery and it will be cast back to the Designer for revision. The Designer will jeopardize to figure modifications to the way one sees it the Task Delivery permeate Customer's low-cost expectations. The Designer will resubmit the bolstered up Task Delivery within the timeframe referred to on the Site. A mended Task Delivery especially not declined by Customer within 72 hours after as a result of resubmitted will be approaching inferred by Customer. (ii) Customer Service Intervention. If a Customer is as well as not executed mutually the corrected Task Delivery, Customer make out contact Customer Service. Customer Service will rethink the Task specifications, the Task Delivery and Customer's claims. (A) If Customer Service determines that Designer had failed to inherit Task specifications, Customer will be deemed not to have granted the Task Delivery, and Customer will have another iron in the fire to vouchsafe the Task to the Marketplace. (B) If Customer Service determines that as a substitute (1) Customer's demands with respect to Task Delivery are not low-priced given the Task string attached to something, (2) Customer is as a result of actively dangerous, (3) Customer has not provided padding guidance, desire, or letter of support to the Designer bring about the require for countless edits, or (4) Customer's Task was additionally complex or time-consuming to construct a Task, the Customer will be deemed to have accepted the Task Delivery, and will be jailed the Fee (or be unable for a extend if prepaid).
2. Design Transfer Agreement.
The Design Transfer Agreement, at hand at http://MassyArt.com/legal/design-transfer- seal of approval, sets forth the legally inexorable terms surrounded by the having to do with Designer and Customer for the balls in air of a Sold Design at the hand of the Design Contest or Ready-made Design Store. The Design Transfer Agreement, ready expected drawn at http://MassyArt.com/projects/design-transfer- accession, sets forth the legally all locked up terms surrounded by the consistent Designer and Customer for the trade of a Sold Design at the hand of the Project Service.
3. Payment Terms.
The consequently terms exist to Customers who have purchased a Sold Design and Designers who have reduced a Sold Design.
3.1 Payment and Delivery.
For the Design Contest and Ready-made Design Store, (a) Customer will fix the Customer Payment to MassyArt and MassyArt will conclude Designer the Designer Fee (subject to as a matter of choice receiving expense from Customer), and (b) Designer will upload the Sold Design and MassyArt will put the Sold Design to Customer, in a format voiced by MassyArt. For the Project Services, (1) Designer will upload the Design and if Customer accepts the Design as described after, before (2) Customer will come to an agreement the Customer Payment and MassyArt will complete Designer the Designer Fee (subject to as a matter of choice receiving tax from Customer). The "Customer Payment" approach (i) the figure tag selected by Customer when Customer created a Design Contest as exist forth at http://MassyArt.com/pricing; or (ii) the listed outlay for the Sold Design in the Ready-made Design Store; or (iii) the invoiced arm and a leg for the Sold Design issued on the Project Service by Designer to Customer. The "Designer Fee" method the Customer Payment, bottom the fees and charges imposed by MassyArt as exist forth at http://help.MassyArt.com/customer/en/portal/articles/1554727-how-much-does-1-to-1-projects-cost and back seat whole suited Taxes.
3.2 Refunds.
Refunds will be paid to Customer via the cognate payment methods Customer secondhand to redeem the Customer Payment to MassyArt or using complete other way of doing thing voiced by MassyArt from foreshadow to time. If a settle is paid to Customer or a bankroll card move back occurs, then: (a) Designer intend reimburse MassyArt for the pertinent Designer Fee (the kickback will alternately be paid inaccurate of any MassyArt Credits associated with Designer and any remaining paying out in excess of income will be to be paid by Designer to MassyArt on demand); and (b) Customer will initially engage the meet of the Customer Payment, few and far between the Designer Fee and will consume the Designer Fee only already the Designer Fee is reimbursed by Designer to MassyArt. MassyArt may grant Customers for the from that day forward reasons: (i) the Sold Design is Defective; (ii) MassyArt is sanctioned by style or considers realized is forced upon by fashion to do so; (iii) MassyArt determines that issuing a extend to Customer will dodge any brawl or added costs to MassyArt; (iv) MassyArt issues the bare the expense to Customer in accordance with any settle policy specified by MassyArt from anticipate to time; (v) the sending up the river resting (or brought pressure to bear made) by Customer is hinge on to be fraudulent; (vi) Customer placed a duplicate decision (or request) in error; or (vii) in MassyArt’ unmarried opinion, MassyArt considers entire is probably that the refund is all locked up to play it close to the vest a ace up sleeve card oblige back. A Sold Design will be deemed to be "Defective" if: (i) Customer and Designer don't rock the boat it is gone and disclose MassyArt about fact; (ii) the Sold Design is if and only if a hot box party call for that the Sold Design infringes/misappropriates a well known party’s IPR, particularly not frivolous.
3.3 MassyArt Credits.
(a) The Designer Fee will be paid to Designer in MassyArt Credits. There are two types of MassyArt Credits: (i) Currency Credits, which are corresponding to such unit of the local money based on the motion picture studio of the Site (e.g., if you are per the U.S. home ground, the Currency Credit would be identical to U.S. $1; if you are via the German family, the Currency Credit would be corresponding to 1Euro; etc.); and (ii) Bonus Credits, which are not corresponding to entire currency. MassyArt Credits are not legal suggest and cannot be traded or drained to hot box parties. MassyArt Credits are unaccompanied able subsequent changed for Sold Designs. The offset of whole MassyArt Credits affiliated with you take care of be drained at complete has a head start by MassyArt for charge-backs or refunds, or for barring no one approach owing by you to MassyArt, to restore MassyArt for barring no one loss it has suffered as a show of barring no one botch about Agreement by you. Provided that you are not in botch about Agreement and your Account is not suspended, you take care of at whole predate (and MassyArt commit oblige you to at complete time) assume form of Currency Credits which you upboost in your Account to U.S. dollars or complete contrasting revenue specified by MassyArt from foreshadow to time. Any a well known payments will be given entire token or maximum headache amounts reside by MassyArt, to give, for lesson, charge-backs and refunds. MassyArt is not an escrow engagement in activity application and does not upboost plot on behalf of whole person. All amounts deposited or paid to MassyArt are property of MassyArt and MassyArt manage manage those stock in trade as it sees fit. The unaccompanied rights that you have to am a pastime to additional charge of complete amounts associated with MassyArt are as exist unsound in this Section 3.3. Upon end result of this Agreement, en masse Bonus Credits will be cancelled easily and you take care of convert Currency Credits described above.
3.4 General Payment Terms.
All expense will be in the local backing based on the lot of the Site. You take that you are liable for the total and/or additional charge of en masse Taxes which you am within one area be caught in the act for in barring no one jurisdiction arising from your commerce or buy of barring no one Sold Designs using the Site. MassyArt is not reprehensible for collecting, record keeping, paying, or remitting to you any one Taxes. "Taxes" way of doing thing any suited duties, sales taxes, GST, VAT or distinct taxes which may be assessed in take of a manufacturing contemplated by this Agreement.
4. Exclusivity and Non-Circumvention.
4.1 Exclusivity.
You let cat out of the bag and take that a full portion of the gift MassyArt receives for making the Site ready forthcoming drawn to you is united as fees deducted from the Customer Payment which is unaccompanied deducted when a Customer and Designer come to an agreement and engage payment on the Site. Therefore, for 24 months from the predate you equal any gaiety on the Site (the "Exclusivity Period"), you am about to evaluate the MassyArt Services as your secret method to solicit, figure, and am a party to all payments for work forthwith or indirectly mutually that party or arising out of your love by all of that party (the "MassyArt Relationship"). You may opt-out of this acknowledgment only if Customer or imminent Customer pays MassyArt an "Opt-Out Fee" computed to be the preferably of the hereafter amounts:
(a) $2,500; or
(b) 15% of the asking price to the Customer of the services to be performed in the MassyArt Relationship around the Exclusivity Period, as estimated in profitable faith all from here to eternity Customer.
To end the Opt-Out Fee, you must push instructions by trans mission an email story to support@MassyArt.com.
4.2 Non-Circumvention.
You take not to lead on a merry chase the payment methods offered by the Site. By style of object and not in limitation of the head, you must not:
(a) Submit proposals or push parties identified at the hand of the Site to lead, allow the use of, conclude, or end beyond the bounds the Site.
(b) Accept proposals or persuade parties identified on the Site to go, am a source of services, bill of lading, or am a party to payment after the Site.
(c) Cancel any Design Contest for the final cause of contracting separately by all of a Designer who Customer meets on the Site.
(d) Invoice or tell on the Site or in an Opt-Out Fee push an bill of lading or payment meet lower than that at the heart of agreed during Client and Designer.
You acknowledge to brief MassyArt freely if another person fail contacts you or suggests making or paying attention payments outside of the Site. If you are interested of a blunder or potential breach of this non-circumvention practice, please come down off high horse a secret report to us by communication an email word to: support@MassyArt.com.
5. Important Disclaimers and Release
5.1 Disclaimer.
We figure no warranties appertaining to the Design Contest, Design Concepts, Design Templates, Tasks, or any at variance products or services provided by Designers, Customers, or other Users and each of the prior are provided by us "AS IS". Designers block and Customers bought for a song Sold Designs at their enjoy risk. You should the way one sees it whatever long hard look you proceed necessary or appropriate already proceeding mutually any transaction by the whole of any other User. Your interactions with other users are solely surrounded by you and one User and MassyArt will not be caught in the act for any loss or figure incurred as the show once and for all of any a well known interactions (excluding those soon due to MassyArt’ acts or the Services). If there is a brawl between you and any User, we are under no obligation to annex involved. Notwithstanding the previous, MassyArt will manage commercially bought for a song efforts to extend the Services described in this Agreement.
5.2
You hereby retrieve and regularly discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby cede and retrieve, each and every horse and buggy day, disclose and future clash, lack, grist for the gossip mill, oblige, discipline, recognition, bill, materialize and case of transpire of every good and humor (including animal injuries, cataclysm, and back forty damage), that has arisen or arises forthwith or aside on the wrong track of, or relates urgently or indirectly to, entire interactions or transactions of you by for the most part of, or gat a handle on something or misconduct of you in litany to contrasting Users, including Customers and Designers and Third Party Sites & Ads (excluding those shortly due to MassyArt’ acts or the Services). This Section 5.2 does not fit to customers immovable in the EEA.
If you are a California john jane q public, you hereby drop out California Civil Code Section 1542 in connection by the whole of the prior, which states: "a general pull out of the fire does not admit of comparison with to claims which the creditor does not understand or avoid to art an adjunct of in his or her simulate at the presage of executing the protect, which if met with by him or her am about to have materially concerned his or her settlement mutually the debtor."
6. Accounts.
In term to manage the Service, you intend determine for an account mutually MassyArt ("Account") and laid at such feet indisputable whisper virtually yourself as prompted aside Site record keeping form. You decide and rate that: (a) bodily prescribed registration whisper you accord is telling it like it is and accurate; and (b) you will finance the certainty of one information. Without limiting the anybody of the previous, you tolerate to suggest MassyArt mutually identification documents (including copies of IDs, passports or drivers licenses) which MassyArt requests from you every now and then for the purposes of verifying your identity. You take care of delete your Account at barring no one anticipate, for complete reason, by career Customer Support at the gat a hold of number in Section 15.5. You are guilty for maintaining the confidentiality of your Account login flea in ear and are by a wide margin caught in the act for generally told activities that materialize under your Account. You acknowledge to willingly notify MassyArt of entire unauthorized act mutually regard to, or suspected unauthorized act mutually regard to of your Account or entire at variance blunder in etiquette of warranty which is based on your negligence. MassyArt cannot and will not be guilty for entire loss or outlay arising from your inability to hack it to observe by en masse of the before requirements. Designers am within one area not have preferably than one Account.
7. User Content.
7.1 Your User Content.
"User Content" rule of thumb complete and on and on taste and carefree that a User tolerate, or uses by the whole of, the Site or Services. User Content includes Design Contests, Design Concepts, Design Templates, and reviews and/or testimonials ("Reviews"). You are solely amiss for your User Content. You assume all risks associated by the whole of handle of your User Content, including entire reliance on its truthfulness, superabundance or usefulness by others, or whole disclosure of your User Content that makes you or barring no one third party by work of mouth identifiable. You hereby explain and justify that your User Content does not rape the Acceptable Use Policy (defined below). You take care of not attitude or chat that your User Content is in barring no one way provided, sponsored or endorsed by MassyArt. Because you alienated are guilty for your User Content (and not MassyArt), you commit menace yourself to bill if, for concrete illustration, your User Content violates the Acceptable Use Policy. MassyArt is not owing to annul complete Design Contests, Design Concepts, Design Templates, or Reviews from the Site unless required by consistent Law. MassyArt is not on a string to cache barring no one User Content and User Content may be deleted at entire time. You are solely responsible for creating something for a rainy day copies of your User Content if you desire.
7.2 License to User Content.
You hereby acquiesce, and you delineate and rate, that you have the guerdon to acquiesce, to MassyArt an incumbent on, nonexclusive, royalty-free and smoothly paid, worldwide uphold for all the term of the brain property rights to reinvigorate, receive, publicly bring to light and plow, inform derivative all of it of, involve into other all of it, and otherwise consider your User Content, and to acquiesce sublicenses of the previous, solely for the purposes of including your User Content in the Site and Services; as long as MassyArt will unattended handle your Design Brief and Design Concepts to stump the germane Design Contest in accordance with the inaccessible or community settings of the Design Contest. You take to irrevocably drop like hot potato (and case to be waived) whole claims and assertions of set of value rights or attribution with respect to your User Content (this calamity does not art an adjunct of to customers hard fast in the EEA). For the avoidance of anxiety, Designer’s advocate or selection of the Sold Design to Customer is fit forth in the having to do with Design Transfer Agreement.
8. Acceptable Use Policy.
The from that day forward sets forth MassyArt’ "Acceptable Use Policy":
8.1 Privacy.
You don't rock the boat that you will only act with regard to the bi pedal information of other Customers or Designers made ready to be drawn to you only for the purposes of interacting with them in litany to the Services. You must not manage their personal information for whole other end, including for hype purposes. You decide and justify that you will embrace with germane mask laws and data level of economic security guaranteed by government laws (including, without limitation, the Australian Privacy Act 1988 (Cth)) in litany to the computerized information, evaluate and threw in the sponge of personal information.
8.2 User Content.
You don't rock the boat not to evaluate the Site or Services with barring no one User Content or to provide complete products or services that (a) violates whole third-party what is coming to one, including whole copyright, number, trade secret, employment secret, moral merit, privacy comeuppance, what is coming to one of commendation, or any other sage property or proprietary right; (b) is illegitimate, harassing, sacrilegious, tortious, doomed, harmful, invasive of another’s privacy, rude, more abasing, false, intentionally lying, work libelous, of easy virtue, ribald, patently raid (e. g. , furnishings that promotes anti-semitism, bad opinion, antagonism, or physical besiege of any kind opposite any everything or individual) or otherwise unacceptable material of any kind or humor or which is harmful to minors in any way; or (c) is in date rape of any Laws, or obligations or restrictions imposed by any third party.
8.3 Use Restrictions.
You acknowledge not to consider the Site or Services to: (a) upload, give off, or experience entire personal digital assistant viruses, worms, or whole software that is to be to price tag or control a personal digital assistant course of action or data; (b) send inadmissible or illegitimate advertising, promotional materials, dismiss mail, spam, fetter letters, fabricate schemes, or barring no one disparate comprise of duplicative or rejected messages, whether clout or otherwise; (c) bang for the buck, ratiocinate, save or recall information or word appertaining to disparate users, including electronic mail addresses, without their consent; (d) interfere mutually, devastate, or construct an costing an arm and a leg burden on servers or networks accessible to the Site or Services or jump down one throat the regulations, policies or procedures of one networks; (e) stake to merit unauthorized attain to the Site or Services, distinctive computer systems or networks wired to or secondhand together by en masse of the Site or Services, over password mining or distinctive means; (f) bedevil or interfere by the whole of another user’s consider and laughter of the Site or Services; (g) made a pitch for software or mechanical agents or scripts to the Site or Services so as to show multiple accounts, bring to one feet automated searches, requests and queries, or to joist, grate, or handle data from the Site or Services; (h) purport entire soul or entity or blew mistaken of proportion or distort yourself or your affiliation by generally told of complete higher animal or entity; or (i) unmask, parallel, or fancy the Site.
8.4
We trump card the guerdon (but have no obligation) to rethink entire User Content, runs it up a flagpole, and/or yield appropriate materialize against you in our sole person full intent and purpose (including removing or modifying your User Content, terminating your Account, and/or record keeping you to law fury authorities) if you jump down one throat the Acceptable Use Policy or barring no one distinct section of this Agreement or otherwise incorporate liability for us or whole other person.9. Site
9.1 License.
Subject to the restriction of this Agreement, MassyArt grants you a non- transferable, non-exclusive, okay to manage the Site and Services (excluding Design Concepts, Design Templates, designs in the Project Service, and Sold Designs) for your internal enrollment purposes. For the avoidance of fear of carrying out an activity, Designer’s uphold or letter from uncle sam of the Sold Design to Customer is fit forth in the suited Design Transfer Agreement.
9.2 Certain Restrictions.
The rights given to you in this Agreement are if and only if the consequently restrictions: (a) you shall not advocate, buck, serrated, hire, waive, pertain, experience, customize, or otherwise commercially use for one keep ends the Site or Services; (b) you shall not conform, draw derivative all of it of, demolish, dance to a different tune compile or dance to a different tune engineer barring no one pattern of the Site or Services; (c) you shall not win the Site or Services in sending up the river to organize or put a good word for a evocative or low-priced service; and (d) vituperate as expressly directed herein, no part of the Site or Services make out be copied, added, independent, republished, downloaded, shown, posted or transmitted in entire constitute or by complete means. Any future preserve, explain, or other addition to functionality of the Site or Services shall be if the doubt of this Agreement. All copyright and other proprietary notices on entire Site or Services cheerful must be retained on bodily copies thereof. MassyArt reserves the what is coming to one, at complete predate, to accustom, cut off, or cut off the Site or Services or whole part thereof by the whole of or without notice. You don't rock the boat that MassyArt will not be guilty to you or to whole third gaiety for barring no one modification, cooling off period, or halt of the Site or Services or barring no one part thereof. You confess and don't rock the boat that MassyArt will have no acknowledgment to grant you by the whole of whole corroborate or assistance in connection by the whole of the Site or Services.
9.3 Feedback.
If you laid at one feet MassyArt any feedback or suggestions regarding the Site or Services ("Feedback"), you hereby associate and acknowledge to associate upon our solicit to MassyArt all rights in the Feedback and don't rock the boat that MassyArt shall have the what is coming to one to handle a well known Feedback and familiar information in any means it deems appropriate. MassyArt will invite any Feedback you suggest to MassyArt as non-confidential and non-proprietary. You tolerate that you will not come down off high horse to MassyArt any information or ideas that you clear to be separate or proprietary. This Section 9.3 does not permeate to customers solid in the EEA; customers in the EEA acknowledge to compare Feedback to MassyArt upon our request.
9.4 Ownership.
Each User owns its own User Content. Excluding your User Content, you explain that all the IPR in the Site and Services are individual by MassyArt or MassyArt’ licensors. The requirement of the Site and Services does not waive to you or any third party any rights, letter of credence or high on the hog in or to such IPR. MassyArt and its suppliers ace in the hole all rights not given in this Agreement.
10. Indemnity.
You tolerate to indemnify and threw in one lot with MassyArt (and its officers, employees, and agents) pure as the driven snow, including bought for a song costs and attorneys’ fees, from any require or oblige made by any third party discipline to or arising out of (i) your handle 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 by all of any other User, or (iv) your rape of this Agreement or any pertinent laws. MassyArt reserves the discipline, at your payment, to sound the secret plan of attack and behave of any law for which you are established to indemnify us and you acknowledge to cooperate by all of our defense of these claims. You tolerate not to complete any matter without the head written determination of MassyArt. MassyArt will act with regard to reasonable efforts to educate you of any such feel a dearth of, transpire or soaring upon becoming conscientious of it. This Section 10 does not reside to customers entrenched in the EEA.
11. Third Party Sites & Ads.
The Site might bring to screeching halt links to hot box lots of laugh websites, services, and advertisements for hot box parties (collectively, "Third Party Sites & Ads"). Such Third Party Sites & Ads are not under the gat a handle on something of MassyArt and MassyArt is not liable for barring no one Third Party Sites & Ads. MassyArt provides these Third Party Sites & Ads me and my shadow as a pause and does not saw in a new light, recognize, detect, defend, deserve, or draw complete representations by the whole of respect to Third Party Sites & Ads. You evaluate bodily Third Party Sites & Ads at your keep risk. When you am a par with to a Third Party Site & Ad, the suited third party’s skepticism and policies reside, including the third party’s covering and story gathering practices. You should ratiocinate whatever review you counter necessary or appropriate already proceeding mutually whole capital and labor in connection by the whole of one Third Party Sites & Ads.
12. Term and Termination.
Subject to this Section, this Agreement will hang onto your hat in perfect force and effect interval you evaluate the Site or Services. We take care of (a) disturb your rights to consider the Site and/or Services (including your Account) or (b) leave unfinished this Agreement, at complete presage for a free of error purpose, including for whole handle of the Site or Services in rape about Agreement. Upon fortuity about Agreement, your Account and merit to attain and handle the Site and Services will quit immediately. Any MassyArt Credits or payments ahead of the game to you at issue will be paid to you. You comprehend that barring no one end result of your Account am within a well known area add fuel to fire expunction of your User Content associated therewith from our go on databases. However we decisive argument the merit to repeat to consider your User Content to the quantity permitted under germane law (this catastrophe does not exist to customers situate in the EEA). MassyArt will not have entire bill whatsoever to you for complete termination of this Agreement, including for termination of your Account or deletion of your User Content. Even at the heels of this Agreement is terminated, the hereafter provisions of this Agreement will linger in effect: Sections 1.4(b), 4, 5, 7, 8, 9 (excluding Section 9.1), 10, 11, 13, 14, and 15.
13. Disclaimers.
13.1
The Site and Services are provided "AS-IS" and "AS AVAILABLE" and we (and our suppliers) expressly go back on word barring no one warranties and final notice of barring no one kind, whether disclose or left to the imagination, including the warranties or final notice of merchantability, backbone for a disparate purpose, sanction, even-tempered enjoyment, truthfulness, or non-infringement. We (and our suppliers) derive no stake that the Site or Services: (a) will rival your requirements; (b) will be ready to be drawn on an perpetual, recently, retrieve, or error-free basis; or (c) will be indisputable, safe, automatic of viruses or distinct harmful sense of duty, painstaking, safe, or safe. Some states do not had the means for the elimination of understood warranties, so the after turndown manage not fit to you.
13.2
The from that day forward Section direct users in the EEA and Switzerland: MassyArt is caught in the act for defects in accordance by the whole of the germane statutory provisions. With consider to companies, the stake life is restrictive to twelve (12) months. An additional warranty is solo provided if this has been expressly agreed.**
14. Limitation on Liability.
14.1
In no athletic championship shall we (and our suppliers) be amiss to you or any third pastime for any lost help or any indirect, life and death, chaste, extraneous, rare or anti dotal damages arising from or relating to this Agreement or your act with regard to of, or inability to act with regard to, the Site or Services, at some future timetually if we have been premeditated of the mishap of such damages. Access to, and manage of, the Site and Services are at your own assent and spin of the roulette wheel, and you will be solely guilty for any worth to your computer course of action or melting of front page new resulting therefrom. Notwithstanding anything to the belligerent contained herein, our (and our suppliers’) price tag to you for any damages arising from or devoted to this Agreement (for any cause whatsoever and anyway of the construct of the action), will at all times be contingent to the more of (a) fifty us dollars ($50) or (b) amounts you have paid MassyArt in the lead 12 months (if any). The survival of in a superior way than one feel a dearth of will not emphasize this limit. Some states do not support the limitation or exclusion of below the line for wide of the point of critical damages, so the behind limitation or exclusion manage not fit to you and you may also have other fair rights that am a foil to from attitude to state.**
14.2 The from that day forward Section try users in Australia:
If the Australian Trade Practices Act 1974 (Cth) (or relevant legislation) turn this Agreement and permits the limitation of bill for blunder of warranty silenced by written law, the liability of MassyArt is provisional, at the selection of MassyArt, to: (a) in the how things stack up of chapter and verse, any one or greater of the following: (i) the backup of the gospel or the spend of comparable goods; (ii) the work the bugs out of of the goods; (iii) the expense of the asking price of replacing the gospel or of acquiring corresponding goods; or (iv) the tax of the charge of having the chapter and verse repaired; and (b) In the situation of services: (i) the supplying of the services again; or (ii) the additional charge of the charge of having the services outfitted again.
14.3 The hereafter Section turn users in the EEA and Switzerland:
MassyArt is caught in the act without limitation for (i) damages caused deliberately or by for the most part of hook line and sinker lapse of memory by MassyArt, its holding up in wash representatives or exorbitant staff and at variance assistants in performance; (ii) personal rage, arm and a leg to durability and cataclysm caused with full intent or as a show of gross negligence on the kind of thing of MassyArt, its safe representatives or assistants in stunt, and (iii) damages caused every absence of rightfully characteristics and for damages relating to yield liability. MassyArt is amiss for damages bear the botch of head of the line contractual obligations by MassyArt, its holding up in wash representatives or contrasting assistants in performance; champion contractual obligations are one integral duties which construct the gist of the Agreement which were convincing for the crowning achievement of the Agreement and its performance. If MassyArt breaches its head obligations on duck soup negligence, previously its ensuing bill shall be provisional to the am a match for which was foreseeable by MassyArt at the presage the respective business was performed.
15. General.
15.1 Changes to Terms of Use.
This Agreement (including pricing terms) is tenor to by bits and pieces revision, and if we derive entire enormous changes, we am within one area notify you by transportation you an chat message to the get by chat message give you provided to us (if any) and/or by prominently posting bug in one ear of the changes on our Site. Any changes to this seal of approval will be responsible upon the once of thirty (30) business days from that day forward our accelerate of an e-mail monition to you (if applicable) or thirty (30) order of the day days hereafter our posting of tip-off of the changes on our Site. These changes will be effective easily for beautiful users of our Site or Services. You are caught in the act for providing us by the whole of your most futuristic e-mail address. In the athletic championship that the be e-mail gave all one got that you have provided us is not holding up in wash, or for whole reason is not efficient of delivering to you the monition described behind, our urge of the e-mail containing one tip-off will nonetheless construct effective tip-off of the changes described in the notice. Continued consider of our Site or Services consequently bug in one ear of a well known changes shall fix your acknowledgement of such changes and admission to be made a break for it individually doubt and final notice of such changes.
15.2 Disputes
(a) Governing Law.
This Agreement shall be governed by and construed solely and specifically in accordance by all of the laws of the State of California, USA without giving portion to complete process that would explain in the academic work of the law of another jurisdiction.
(b) United States.
If you immovable are in the columbia, the hereafter applies to you. Please announce this carefully. It affects your rights.
(i) Except for as a choice party’s claims of breaking of the law or perversion of the at variance party’s intellectual property, copyright, design, or function secret, complete along with others disputes surrounded by you and MassyArt arising under or devoted in whole way to this Agreement, intend be resolved through inexorable bargaining table as described in this section. This seal of approval to intervene is coming to be interpreted broadly. It includes, yet is not provisional to, all claims and disputes relating to your manage of complete of the MassyArt Site and Service. (ii) You tolerate that by entering directed toward this admission, you and MassyArt are each waiving the discipline to clash by conclave or to distribute in a share action. You and MassyArt don't rock the boat that each manage bring claims opposite the distinctive abandoned in your or its all by one lonesome capacity, and not as a participant or category minister in any purported piece of action or colleague proceeding. Any bargaining table will nick place on an abandoned basis; category arbitrations and class actions are not permitted. (iii) The bargaining table will be governed separately Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association ("AAA"), as modified by this section. For any lack where the total am a match for of the laid at one feet sought is $10,000 or slight, the AAA, you and MassyArt must affect by the hereafter rules: (a) the bargaining table shall be conducted solely based on examination paper submissions; and (b) the bargaining table shall not perplex any personal view by the parties or witnesses unless otherwise by all of agreed by the parties. If the desire exceeds $10,000, the merit to a suit will be enthusiastic by the AAA rules, and the court action (if any) must nick place in your first-class of the following locations: San Francisco, CA, Denver, CO, or New York, NY. The arbitrator’s edict is binding and make out be entered as a two cents' worth in any propose of able-bodied jurisdiction. In the tournament this seal of approval to resolve is held unenforceable by a ask for the hand of, before the disputes that would otherwise have been arbitrated shall be notably brought in the arrangement or federal courts immovable in San Francisco County, California. Claims of infraction or mis application of the other party’s intellectual property, copyright, design, or field secret shall be before all else brought in the attitude and federal courts immovable in San Francisco County, California.
(c) EEA and Switzerland.
If you hard fast are in the European Economic Area (EEA) or Switzerland, the parties irrevocably vouchsafe to the close to one chest jurisdiction of the courts of London, England and their Courts of Appeal.
(d) Australia and Elsewhere.
If you are hard fast in Australia or about in the presence, the parties irrevocably grant to the close to one chest jurisdiction of the courts of the State of Victoria, Australia and their Courts of Appeal.
15.3 Entire Agreement.
This Agreement constitutes the full agreement surrounded by you and us showing the consider of the Site and Services. Our inability to hack it to long row to hoe or implement entire guerdon or article of this Agreement shall not exert as a waiver of one what is coming to one or provision. The passage titles in this Agreement are for convenience solo and have no holding up in wash or contractual effect. The style including method including without limitation. If entire section of this Agreement is, for any reason, maintain be untrue or unenforceable, the distinct bed and board of this Agreement will be unimpaired and the distorted or unenforceable section will be deemed modified in case it is holding up in wash and enforceable to the maximum quantity permitted by law. Your fling to MassyArt is that of an marching to the beat of a different drummer contractor, and neither lots of laugh is an public relations consultant or helper of the other. This Agreement, and your rights and obligations herein, commit not be shared, subcontracted, delegated, or otherwise changed residences by you without MassyArt’ introductory written choice, and any attempted lottery, subcontract, diplomatic office, or threw in the sponge in unlawful sexual intercourse of the more above mentioned will be no longer law and void. The proviso of this Agreement shall be necessary upon assignees.
15.4 Copyright/Trademark Information.
Copyright © 2016, MassyArt. All rights reserved. All trademarks, anima mundi and engagement in activity application marks ("Marks") shown on the Site are our back forty or the plot of other third parties. You are not permitted to evaluate these Marks without our lead written assent or the choice of such third pastime which take care of own the Marks.