PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
Access to and uses of this site are subject to the following terms and conditions and all applicable laws. Please review these terms and conditions on a periodic basis, as they are subject to modification, alteration, or update at any time and at the sole discretion of DMADEIT If you do not agree to any term or condition, you should not use this site.
You acknowledge and agree that DMADEIT shall have the right (but not the obligation) in its sole discretion, to pre-screen, refuse or remove any project and/or user provided content that violates these Terms and Conditions or is otherwise objectionable, including, without limitation, projects or content that is illegal, obscene, indecent, defamatory, incites religious, racial or ethnic hatred, or violates the rights of others. Activity that is brought to our attention which appears in our sole judgment to violate the law will be brought to the attention of the proper authorities. You acknowledge, consent and agree that DMADEIT may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of DMADEIT, its users and the public.
COPYRIGHT NOTICE.
This World Wide Web site and all of its content, including but not limited to the text and images used herein and their arrangement, is copyright ?2009-2011 DMADEIT
1. Service
(a) Description. The DMADEIT Service is an online offering where individuals or entities that have signed up with DMADEIT as clients can post specific assignments and project descriptions, including illustrative samples or other media, revise those Creative Briefs and obtain responses to those Creative or Revision Briefs from design experts retained by DMADEIT.
(b) DMADEIT will provide you, as the Client, the Service according to the Package you have chosen as detailed in section 1(f) below. Your Responses will be created iteratively through a drafting cycle of Creative Briefs, Revision Briefs and Responses, ultimately resulting in a final Response conforming to your various Creative and Revision Briefs.
(c) Creative Brief and Responses. You are solely responsible for preparing and posting detailed descriptions of each of your Creative Briefs to the Web Site, including providing samples illustrating your Creative Brief and any relevant deadlines. DMADEIT is under no obligation to review a Creative or Revision Brief for any purpose, including accuracy, completeness of information, quality or clarity. DMADEIT may decide, in its sole discretion, to deny a Creative or Revision Brief.
(d) Reviewing Responses. When DMADEIT provides you with a Response, you are responsible for reviewing the Response. If you fail to promptly inform DMADEIT that the Response is not reasonably responsive to the related Creative Brief, you will be deemed to have accepted the Response. If you notify DMADEIT that you think a Response is not reasonably responsive to the related Creative Brief, you shall then submit to the Web Site a Revision Brief containing information regarding amendments or modification to be made to the initial Response. After you provide DMADEIT with a Revision Brief, DMADEIT will provide you with a subsequent Response that conforms to the additional criteria you requested. DMADEIT is not responsible for the content of Responses developed to the extent that such Responses are prepared to conform to your Creative or Revision Briefs.
(e) Revision Cycles. Revision cycles generally consist of 2-6 additional compositions that incorporate changes you request in a Revision Brief. The purpose of the revision process is to create Responses that move your project forward in the specific direction you have determined. You may request significant changes in the first and second cycles, and the Responses generated might be quite different in nature from the original composition you selected. By the third revision request, your requests shall be modifications of the current composition only. Revision requests that depart from the then-current composition will be honored and completed in a timely manner, however DMADEIT reserves the right to charge $50 for each such Revision. No revision work, which requires payment, will be started without your authorization.
(f) Design Service Packages. You may select from the following Service Packages for Design service:
IP Starter Package
3-4 original Response compositions
3-5 variations of each Response composition
Unlimited revision cycles
IP Advanced Package
5-7 original Response compositions
3-5 variations of each Response composition
Unlimited revision cycles
IP AdvancedPlus Package
8-10 original Response compositions
3-5 variations of each Response composition
Unlimited revision cycles
IP Supreme Package
8-10 original Response compositions
3-5 variations of each Response composition
Unlimited revision cycles
IP Stationery Package
IP Stationery Package
2 original Response stationery sets
2 revision cycles
(g) Design Service Packages. You may select from the following Service Packages for Design service:
IP basic web package
IP Advanced package
IP Premium package
IP Ecommerce package
(g) Client Accounts. When you register for the Service, you must pay for the Service via payment system, or other payment method (ex. PayPal), DMADEIT `s payment processor. You will be charged for the Package you have selected. Our policy fee for Clients may change and we may decide to impose additional fees on Clients at any time; however, such additional fees will not apply to projects submitted before DMADEIT implements any such change in fees.
(h) Refunds. If the Customer is not satisfied with the Basic Concepts provided by ”Logo Design Team”, Client may request a refund by completing the Refund Request form which will be provided to the Customer upon request. Upon timely receipt of the completed form, ”Logo Design Team” will refund the total payment made by the Customer. Acceptance of such refund shall constitute the Customer”s sole and exclusive remedy with respect to such Basic concepts. Should the Customer receive such refund, Customer acknowledges that it will have no right (express or implied) to use any Basic concept or other work product, content, or media, nor any ownership interest in or to the same.
The refund policy will not take effect:
(i) If you have already confirmed or approved the acceptance of a design, we cannot provide a refund. Your approval represents an acceptance of the final project and serves as an implicit statement of satisfaction.
(ii) If you have failed to communicate with us for more than sixty days, any refunds will be at the discretion of Logo Design Team management.
(iii) If the company for whom the design was performed should close, change its name, or undergo other alterations rendering a design ill fitting, we cannot issue a refund.
(iv) If you purchased a “Special Offer” that does not constitute one of our standard packages as advertised.
(v) Once you have taken final delivery.
Should you receive a refund, you agree that your acceptance of the refund shall constitute your sole and exclusive remedy with respect to related Responses. Additionally, you acknowledge that you will have no right (express or implied) to use any Response or other work product, content, or media, nor will you have any ownership interest in or to the same.
(i) Project Duration. You agree to provide timely responses to any status notifications that DMADEIT sends to you. You shall have 7 days to respond to each Response sent to you. If after 15 days you have failed to respond, DMADEIT will assume that your project is complete and the project shall be deemed completed. At such time, DMADEIT will have no further obligation to you, and you will pay DMADEIT pursuant to the provisions of these Terms and Conditions. Notwithstanding the foregoing, DMADEIT reserves the right, in its sole discretion, to terminate your access to all or a portion of the Service, at any time, with or without notice. In the event of such termination, DMADEIT will determine, in its sole discretion, whether you are entitled to any refund.
2. Eligibility, Access, Use and Service
To register as a Client, you must be at least 18 years of age, agree to these Terms and Conditions and complete the registration procedure. By registering as a Client, you represent and warrant that you meet these eligibility requirements, that the information you include as part of the registration process is complete and accurate and, if you are registering on behalf of an entity, that you are authorized to bind that entity to these Terms and Conditions DMADEIT may accept or reject your registration in its sole discretion.
Authorization to Use; Permitted Uses. You may access and use the Service solely in accordance with these Terms and Conditions and any posted policies and procedures that appear on the Web Site. You may provide Creative Briefs and obtain Responses only if you register as a Client. Any use of the Web Site is at your sole risk and responsibility. Subject to these Terms and Conditions, you may (i) display the Web Site on an Internet access device, and (ii) on an occasional, infrequent and ad hoc basis, and only in circumstances that constitute “fair use” under United States copyright law, print copies of insubstantial portions of the Web Site.
Prohibited Uses. Except as expressly permitted in these Terms and Conditions, you may not display or print the Web Site and in no event may you broadcast, circulate, distribute, download, perform, publish, rent, reproduce, sell, store, transmit or create decorative works from the Web Site. Additionally, you agree to comply with all applicable laws (including, without limitation, any applicable export controls) in connection with your use of the Service, and with such further limitations or rules as may be set forth on the Web Site. Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Web Site that (i) is copyrighted, unless you are the copyright owner; (ii) reveals trade secrets, unless you own them; (iii) infringes on any other proprietary or intellectual property rights of others, on the privacy or publicity rights of others, or any statutory right; (iv) is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to any other person or entity; (v) is sexually-explicit; (vi) constitutes advertisements or solicitations of business, chain letters or pyramid schemes; or (vii) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. You further agree not to (i) use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a Client; (ii) delete or revise any material or other information of any other user of DMADEIT; (iii) take any action that imposes an unreasonable or disproportionately large load on the Web Site”s infrastructure; (iv) use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on the Web Site; (v) use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Web Site, other than the search engine and search agents available from DMADEIT on the Web Site and other than generally available third-party web browsers (e.g., Microsoft Internet Explorer and Netscape Navigator); or (vi) attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Web Site.
Web Site Security. You are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (i) accessing data not intended for you or logging into a server or account that you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, “flooding”, “spamming”, “mailbombing” or “crashing”, the Web Site; (iv) sending unsolicited email to any user of the Web Site, including promotions and/or advertising of products or services; or (v) forging any TCP/IP packet header or any part of the header information in any email or posting generated in connection with the Service. Violations of system or network security may result in civil or criminal liability. DMADEIT will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. DMADEIT reserves the right to review postings on the Web Site, to remove any postings, and to terminate your ability to communicate with, or post to, the Web Site at any time without notice, in its sole discretion. DMADEIT will use commercially reasonable efforts not to disclose any information you communicate with, or post to, the Web Site, but reserves the right to disclose such information to the extent necessary to satisfy any applicable law, regulation, legal process or governmental request, and the right to edit, refuse to post or to remove any information or materials, in whole or in part.
Operation of Web Site. DMADEIT shall not be responsible for any delays or interruptions of, or errors or omissions contained in, the Web Site. DMADEIT reserves the right, but shall not be required, to correct any such delays, interruptions, errors or omissions. Although DMADEIT intends to use commercially reasonable efforts to make the Web Site and Service accessible, DMADEIT makes no representation, warranty or covenant that the Web Site or Service will be available at all times or at any time. Various circumstances may prevent or delay availability, including telecommunications and/or server problems. DMADEIT may at any time discontinue the Web Site in whole or in part, may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics. DMADEIT shall not be responsible for any loss, cost, damage or liability that may result from any of the circumstances, actions or inactions described in this paragraph.
3. Rights and Restrictions
(a) Web Site and Service Generally. Except as expressly contemplated under these Terms and Conditions, as between DMADEIT and you, DMADEIT will own all right, title and interest in and to all copyright, trademark, service mark, patent, trade secret or other intellectual property and proprietary rights in and to the Web Site and Service, in all media now known or later devised, to the fullest extent provided under United States and international law. You shall not remove, conceal or alter any copyright notice, byline information, disclaimer, restriction or other notice on the Web Site or any portion thereof. You shall not use or permit any third party to use the name, trademarks, trade names, or trade dress of DMADEIT, including ” DMADEIT “, without the prior written consent of DMADEIT, as determined in its sole discretion, for each such use.
(b) Creative and Response Briefs. Upon submission of a Creative or Response Brief or any other information or media provided by you in connection with your use of the Service (collectively, “Informations”), DMADEIT and its agents shall have all rights and licenses necessary to use such Client Information for the purpose of obtaining Responses and for archival purposes.
(c) Rights of DMADEIT. Upon your submission of Client Information to the Service, you grant DMADEIT a royalty-free, perpetual, irrevocable, sublicenseable, exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works, in any form, media, or technology now known or later developed, such Client Information, for the full term of any intellectual property rights that may exist in such Client Information to the extent necessary to provide you with the Service and Responses.
(d) Rights of Clients. Subject to your compliance with these Terms and Conditions, you shall own the final the Response composition provided to you by DMADEIT (the “Final Product”). You shall not, however, own any materials, media or other content generated during any revision cycles leading up to the Final Product, DMADEIT expressly reserves all right, title and interest in and to the same. You acknowledge and hereby grant to DMADEIT a royalty-free, irrevocable exclusive worldwide right to use Creative and Revision Briefs, individual Responses provided to you, and Final Product for internal and archival purposes, and in order to display and promote the DMADEIT Service. DMADEIT retains the rights to all artwork concepts and other content not selected by you. If you want to obtain such content, an additional $150.00 fee will apply. You acknowledge that your ownership rights under these Terms and Conditions are limited to the Final Product, and that no trademarks or service marks in or to any Final Product are being conveyed under these Terms and Conditions. You hereby acknowledge that DMADEIT shall have no obligation or duty to perform trademark, service mark or copyright searches or inquiries, or the like, in order to validate the propriety or legality of the Final Product. Accordingly, you are encouraged to perform your own independent searches with regard to the Final Product. Furthermore, you acknowledge that DMADEIT shall have no responsibility or obligation of any kind to assist you in seeking state or federal intellectual property protection (i.e., without limitation, trademark or copyright registration) for the Final Product, nor shall DMADEIT be responsible for otherwise assisting you in any way in your attempt to perfect your rights in or to the Final Product.
4. Communications and Submissions
All personal data transmitted to DMADEIT over the internet pursuant to placing an order, logging in or registering an account, such as name, e-mail address, physical address, telephone number and payment information, shall be treated as confidential information. Any communication or other materials which you submit to DMADEIT or this Web site (including, but not limited to, e-mail, product reviews or other postings) relating to products, experiences, suggestions or other subject matter will be treated as non-confidential and non-proprietary ‘°Submissions.‘± All Submissions made to public areas, such as product reviews, are not subject to our Privacy Policy.
You may post reviews, comments, and other content, and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of ‘°spam.‘± You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. DMADEIT hereby reserves the right (but not the obligation) to remove or edit content for any reason at its sole discretion.
By transmitting or posting any Submissions to DMADEIT or to this Web site you grant DMADEIT and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use the content of such Submissions for any purpose, including, but not limited to, the rights to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You also grant DMADEIT and its affiliates and sublicenses the right, at their sole discretion without obligation to do so, to use the name that you submit in connection with such content. You further agree that the license granted herein includes all of the rights to use or authorize the use of any ideas, concepts, know-how or techniques contained in such Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products or services incorporating such information.
You represent and warrant that you own or otherwise control all of the rights to the content of your Submissions; that the content is accurate; that use of the content you supply does not violate any terms of this User Agreement and will not cause injury to any person or entity; and that you will indemnify DMADEIT or its affiliates for all claims resulting from content you supply. You agree that neither DMADEIT nor its licensees will be liable to you for any use of any Submission. DMADEIT has the right but not the obligation to monitor and edit or remove any activity or content.
You acknowledge and agree that you are solely responsible for any Submissions you submit to DMADEIT or this Web site and further agree that you, not DMADEIT have full responsibility for the content of any such Submissions, including their legality, reliability and appropriateness.
5. Nondisclosure and Privacy
DMADEIT intends to use commercially reasonable efforts to follow its privacy policy, as such privacy policy may be changed from time to time at DMADEIT ”s sole discretion. Notwithstanding the foregoing, DMADEIT cannot and does not assume any responsibility or liability for any information submitted to the Web Site or for the use or misuse of any information submitted by you or any other person, including, without limitation, any information accessed by a hacker or by any other malicious act.
6. Disclaimers; Indemnification; Limitations of Liability
(a) Responsibility for Content. DMADEIT shall not be responsible for any use that is or is not made of the Web Site or the Service. Without limiting the foregoing, DMADEIT makes no representations, warranties or covenants regarding, and does not guarantee, the truthfulness, accuracy, or reliability of any information or other material (including, without limitation, any Creative Brief, Responses or User Identity) that are communicated through, or posted to, the Service, whether by Designers, Clients, DMADEIT or otherwise, nor does DMADEIT endorse any opinions expressed by any user of the Web Site, including any Member or Client. Without limiting the foregoing DMADEIT makes no representations, warranties or covenants regarding the validity of the rights to Responses granted pursuant to these Terms and Conditions. You acknowledge that any reliance on information or other material, including, without limitation, any information related to a particular Package or your project, Response or User Identity, communicated through the Service, or posted to the Web Site, will be at your own risk. Without limiting the foregoing, you agree and acknowledge that you use each Response at your own risk and that you are responsible for taking any actions you deem reasonable to determine whether your use of a Response will infringe any statutory or third-party intellectual property, privacy or publicity rights.
(b) Links to Third-Party Services. The Web Site may contain links to third-party web sites or other services (the “Linked Content”). The Linked Content is not under the control of DMADEIT and DMADEIT is not responsible for the Linked Content, including, without limitation, links contained in the Linked Content, or any changes or updates to Linked Content. DMADEIT is providing Linked Content to you only as a convenience, and the inclusion of such Linked Content is not an endorsement by DMADEIT of such Linked Content. If you decide to access any Linked Content, you do so at your own risk.
(c) Disclaimer of Warranties. THE SERVICE AND THE RESPONSES ARE PROVIDED “AS IS.” DMADEIT MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE WEB SITE, INCLUDING ANY PART THEREOF, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE WEB SITE, INCLUDING ANY RESPONSE, USER IDENTITY OR LINKED CONTENT. DMADEIT DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DMADEIT DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE WEB SITE, OR ANY PART THEREOF; (iv) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEB SITE; AND (v) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NON-PERFORMANCE, OR OTHER ACTS OR OMISSIONS BY DMADEIT OR ANY THIRD PARTY. FURTHERMORE, THERE IS NO WARRANTY THAT THE WEB SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
(d) Release from Claims. The Service serves solely as a venue for the creation of work and DMADEIT does not regularly screen or censor any information or material posted to the Web Site. Although DMADEIT makes commercially reasonable efforts to determine the identity of Clients, DMADEIT cannot and does not confirm that any Client or other user is who they claim to be or that any Client or other user has the qualifications he or she claims to have. Because DMADEIT does not and cannot be involved in user-to-user dealings or control the behavior of participants on the Web Site, if you have a dispute with one or more users, you hereby release DMADEIT (and our affiliates, agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
(e) Indemnification. You hereby agree to defend, indemnify and hold harmless DMADEIT and its subsidiaries, affiliates, officers, agents, co-branders or other partners and employees from any action, claim, demand, or liability arising from or relating to your violation of any of these Terms and Conditions or use of the Web Site, and any expenses incurred in connection therewith, including, without limitation, reasonable attorneys” fees.
(f) Limitation of Damages. IN NO EVENT SHALL THE COMPANY OR ANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE WEB SITE, INCLUDING ANY PART THEREOF, OR THESE TERMS AND CONDITIONS OR ANY OTHER CONSENT (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) EVEN IF DMADEIT OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. DMADEIT”s TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL AMOUNT YOU PAID TO DMADEIT FOR YOUR PACKAGE UNDER THESE TERMS AND CONDITIONS.
7. Jurisdiction and Choice of Law
DMADEIT operates this Web Site from its offices located in the United States of America. DMADEIT makes no representations that the materials in this site are appropriate or available for use in other locations. Those who choose to access this Web Site from other locations do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent local laws are applicable.
This agreement, and any dispute, which arises from and out of this Web Site, shall be construed with the laws of the United States of America. Any legal action regarding this agreement or this Web Site shall be brought only in either the State or Federal Courts located within the City of California, California and by using this site you consent to personal jurisdiction within these courts.
8. Inquiries
If you have any questions regarding any portion of this Agreement, or if you wish to inquire, regarding rights of use not explicitly granted herein, please direct questions via email to [email protected]. This e-mail address is being protected from spambots. You need JavaScript enabled to view it
9. Termination
DMADEIT or you may terminate this Agreement at any time. You may terminate this Agreement by destroying all materials obtained from this Web Site. DMADEIT may terminate this Agreement immediately without notice if, in its sole judgment, you breach any term or condition of this Agreement. Upon termination, you must destroy all materials obtained from this Web Site.
10. Integration
This agreement constitutes the entire Agreement between you and DMADEIT and supersedes any prior oral or written arguments, understandings, or other communications between parties. This Agreement may not be modified except in writing signed by both you and an authorized signatory of DMADEIT.
11.Other
The headings in this agreement are for reference purposes only and have no legal effect. If any portion of this agreement is void or unenforceable in whole or in part, the remaining provisions of this agreement shall remain in effects.
