By using EveryDesigns, and signing up as a Client, you agree to be legally bound by these terms and conditions (“Terms and Conditions”) including those terms and conditions incorporated by reference. Please read these terms carefully. If you do not accept these Terms and Conditions stated here without modification, you may not use EveryDesigns's services. The website located at www.Everydesigns.com (the “Site”) is a copyrighted work belonging to EveryDesigns, India (“EveryDesigns”, “us”, and “we”).
By Registering to EveryDesigns Website you agree that you are atleast 18 years old (at the time of registration), have read the agreement and agree upon the Terms and conditions proposed by us.
EveryDesigns is an online platform that is well known for providing custom graphic designs. We create an ecosystem for both customer (“Who purchases the designs”) and designers (“Who creates the designs”), the process here will be referred as a “Design Project”, ”Design Contest” or “Service”.
“User” means any individual who is using the site or service. The user can be a visitor, designer or a customer. The provisions mentioned in the agreement concerning the Client will apply to you if you are a customer of EveryDesigns. The provisions mentioned in the agreement concerning the Visitor will apply to you if you are a Visitor of EveryDesigns. The provisions mentioned in the agreement concerning the Designer will apply to you if you are a Designer of EveryDesigns.
“Contest Winner” means a winning Designer whose Design Idea is chosen by the Client in a Design Project/contest. “Buying Client” means the applicable Client.
The Design Project/Contest is organized by the client using the site service. The client creates a design brief (“Design Brief”), Payment, and following the other directions necessary to create the design contest. The participants of the Design Contest (in EveryDesigns’s sole discretion) may submit the design concepts (“Design Concepts”) in the format specified by the EveryDesigns and must comply with the Design Brief provided by the client.
“Public Project” is a Design Project carried with public access for any User. “Sold Design” means the applicable winning Design Concept (and customized variant thereof). “Sale” means the applicable sale. “IPR” means all trade secrets, copyrights, trademarks, mask work rights, patents and other intellectual property rights recognized by the law.
The Customer must select one or more winning designs before end date of the Design Contest mentioned in the design contest. The Customer can demand for a refund before the design contest turns in for the final phase. When the Customer demand for refund, then Design Project will be no more available for the client or designer to get design or participate respectively. Additionally, the client can seek a refund for design project at any time up to 10 days after the payment of the design project, only if the finalist is not chosen by the customer. In the case of no selection of design (“Refund”), the customer has no right or license to use any design concept provided by the EveryDesigns. In case of selection of the design (“Winning Design”), the customer has only a right to use the winning design (“Sold Design”)
Customer may not:
a) Run a Design Contest elsewhere (“Other than EveryDesigns”) for creation of the same design.
b) Request designers to submit the design concept via any other means other than site.
c) Cancel any design contest to contract the designer separately where the designer and customer meet each other through the site, for sole purpose to avoid paying any Customer Payment or any fees & charges to EveryDesigns.
d) Indulge in relation to the awarding of a winner in a Design Project or awarding a separate account held by Customer as the successful Designer in a Design Project
This clause comes into play when a customer purchases a sold design pursuant to a Design Project on an exclusive basis. This clause states that, after the payment for the sold design to the designer, then, all the right, title and interest in and to the Sold Design and all IPR therein will be transferred to the customer. The designer cannot use the sold design for himself or to license out the design to others.
Under this clause, the selling designer represents and warrants that
a) The designer has all rights necessary including any third-party license to grant the renounced assignment or license.
b) The designer’s design does not contain any IPR licensed elements from the third party.
c) The selling designer will indemnify and hold Buying Customer harmless, including costs and attorneys’ fees, from any third party claim arising due to the Sold Design infringes/misappropriates such party’s IPR.
If the designer does not follow the above mentioned clause then the selling designer will be solely responsible for any legal action and EveryDesigns will not be responsible.
The clause will come into effect after a sale as
a) The customer who wishes to buy the design will pay the customer payment fee before launching the contest and EveryDesigns will pay the selling designer the Designer fee(Subject to first receive payment from buying customer)
b) The selling designer will upload the sold design which will be delivered to the customer from EveryDesigns to the buying customer, in a specific format mentioned by the EveryDesigns.
The payment mentioned above is defined below-
The “Customer Payment” is the amount that a customer is liable to pay before launching any design project, which is excluded of any taxes, unless specified, which shall be additionally charged. EveryDesigns will not charge any additional amount other than the Customer Payment Amount + Taxes (if applicable)
The “Designer Fee” is the amount which is calculated as Customer Payment amount, minus the fees and charges imposed by EveryDesigns and minus any applicable Taxes. The buying customer will not establish any relation outside of site and, or where any monetary transaction is concern.
Refund will be initiated on the same channel where the payment was received from the buying customer to the EveryDesigns or any other method specified by the EveryDesigns. At the time of refund or credit card charge the following conditions are applied-
(a) Selling Designer must return EveryDesigns the designer fee in full amount with additional conversion fee charged by third party payment gateway like PayPal. Any other remaining debt will be payable by the selling designer to the EveryDesigns on demand.
(b) The buying customer will receive the amount in the two stages. During the first stage the amount received will be customer payment amount minus the designer fee. The designer fee will be paid when the designer returns the designer fee to EveryDesigns.
EveryDesigns may only refund to the Buying Customers for the following reasons: 1) The Sold Design is Defective
2) EveryDesigns is required by law or considers that it is required by law to do so
3) EveryDesigns determines that issuing a refund to the Customer will avoid any dispute or increased costs to EveryDesigns
4) EveryDesigns issues the refund to the Customer in accordance with any refund policy specified by EveryDesigns from time to time
5) In EveryDesigns’ sole opinion, EveryDesigns considers that it is likely that the refund is necessary to avoid a credit card charge back. EveryDesigns determination as to whether a refund is required is final and conclusive and may not be challenged by you. A Sold Design will be deemed to be “Defective” if:
(i) Buying Customer or Selling Designer agree it is defective and notify EveryDesigns of this fact
(ii) The Sold Design is subject to a third party claim that the Sold Design infringes/misappropriates such party’s IPR, that EveryDesigns deems (in its sole discretion) is not frivolous;
(iii) EveryDesigns deems (in its sole discretion) that the Sold Design is defective.
All payment will be converted into the local currency from where the site has been accessed. You agree the collection and payment of all the taxes which you may be liable for under any jurisdiction, which arises from sale or purchase of any sold designs via the site. In absence of such ordinance, EveryDesigns will not be, by any means responsible for collecting, reporting, paying or emitting to you any such taxes. Taxes includes any applicable service tax, VAT, GST or other taxes, which may be levied with respect of a transaction contemplated by this agreement. The amount which is not paid, when due will emanate an interest of 18% per annum or the maximum rate, whichever is less, permitted by the law, from the due date until paid in full.
EVERYDESIGNS ENTERTAINS NO WARRANTIES REGARDING ANY DESIGN PROJECT, CONCEPTS, OTHER PRODUCTS OR SERVICES SOURCED BY DESIGNER. WE PROVIDE THE DESIGN “AS IT IS” WHICH THE CUSTOMER SELECTS AND DESIGNER SHOWCASES. SELLING DESIGNER AND CUSTOMER SELL OR BUY THE DESIGNS AT THEIR OWN RISK RESPECTIVELY. RESPONSIBILITY FOR ANY INQUIRY WILL BE UPON THE CUSTOMER OR DESIGNER. THE DISPURTE S ARISES BETWEEN THE DESIGNER AND CUSTOMER REGARDING ANY PRODUCT OR SERVICES DUE TO DUPLICATION, OR ANY THIRD PARTY CLAIMS, WE WILL NOT BE RESPONSIBLE FOR THE THIS AND THIS SHALL BE BETWEEN THE DESIGNER AND CUSTOMER.
Only the register user (“Account”) will be allowed to use the EveryDesigns services. The registration form will be provided on our site during various points in the site. The user must create the account with the correct information. Under any circumstance, we have the right to delete the account of client or customer. You have right to modify, add or delete your account information from time to time.
“User Content” here refers to the information that you have provided while opening the account. It includes Design Projects, Design Concepts, Design Templates, and reviews and/or testimonials (“Reviews”). The information that you provide is your own responsibility. You comply that all the information that you have provided is accurate. EveryDesigns is not responsible for any claims made by any user or third party. We will not keep backup for any user. EveryDesigns has right to delete your account with all its information if required by law, found fraud or do not follow condition specified by EveryDesigns. You comply that we can use the user content for promotions, run the applicable Design Project in private or public settings, or to use the user content for whichever way, that is beneficial for EveryDesigns. You cannot arise any claim for using the user content at any point.
The following sets forth EveryDesigns’ “Acceptable Use Policy”:
You comply that the private information of customer and designers will not be used for any other purpose other than for using the service. You agree with the applicable laws and data protection laws for the lawful use of personal information.
You comply that you will not use the site or services to provide service violating any third party claim or any intellectual property right. The user content uploaded by designer or customer should not contain any abusive, harmful vulgar, obscene material that violates EveryDesigns Terms as well as law imposed by any third party.
This clause restricts the user to use the service or product by following ways-
a) Upload any computer virus, worms, Trojans or any other software that could harm the website or the website data.
b) Sending or broadcasting any promotional material whether commercial or otherwise
c) Gather information or data of other users or customer
d) Copy the site or its content
e) Attempt to gain unauthorized access to the site or services
f) Being abusive or harassing other users or customer
We have right to review any user content and can delete the account if found to be fraud. The same will be applicable if you violate any terms and condition applied by EveryDesigns.
EveryDesigns grants you a non-transferable, non-exclusive, license to use the Site and Services (excluding the Design Concepts and Design Templates) for your internal business purposes.
The rights lent to you in this Agreement are subject to the following restrictions:
a) You cannot use the site services to promote your own brand or exploit the site or services.
b) You cannot use the site to build a similar service
c) EveryDesigns reserves a right to terminate any user, customer profile or /and to modify, suspend or discontinue the site service without prior notification. You acknowledge and agree that EveryDesigns will have no obligation to provide you with any support or maintenance in connection with the Site or Services.
You agree to indemnify and hold EveryDesigns and its officers, employees, and agents not responsible for any claims or demand made by third party due to your: (i)use of the Site or Services (ii) User Content (iii) interaction with any other user (iv) volition of agreement.
The site contains links to the third party websites and services, such links and ads are not endorsed by the EveryDesigns unless specified. They are there for convenience of the user. When you click such link then the terms and condition of that website will be applicable to you and any loss occurred during the session will not be our responsibility.
The following agreement will remain in force while you use the site or services. EveryDesigns reserved the right to
(i) Discontinue the website without prior notification or to specifically ban a user from using the website services
(ii) Terminate or modify the agreement at any time without notice
(iii) At such instances the user data will be deleted as well and we have no responsibility to notify the users
(iv) However, We can still keep a backup of the data and can use it accordingly
(v) Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 2, 4, 6, 7, 8, 9, 10, 12, 13, and 14.
THE SITE AND SERVICES ARE PRESENTED “AS-IS” AND “AS AVAILABLE” AND WE (AND OUR SUPPLIERS) EXPRESSLY DENY ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES:
(A) WILL MEET YOUR REQUIREMENTS
(B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS
(C) WILL BE ACCURATE, RELIABLE, AND FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
IN NO EVENT SHALL EVERYDESIGNS (AND OUR PARTNERS) BE RESPONSIBLE FOR ANY LOSS, DAMAGE BY DIRECT OR INDIRECT INVOLVEMENT OF OUR SITE OR SERVICES. THE USE OF SITE AND SERVICES IS AT YOUR DISCRETION AND RISK AND ANY DAMEGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA WILL NOT BE OUR RESPONSIBILITY. OUR LIABILITY TOWARDS ANY DAMAGE THAT MAY HAVE OCCURRED AND IS LAWFULLY REGARDED WILL BE PAID BACK AND THIS AMOUNT WILL NOT EXCEEED THE AMOUNT THAT YOU HAVE PAID EXCLUDING THE DESIGNER FEE AND TAXES.
This agreement is subject to occasional edits and the users will be notified by an e-mail. Continued use of our Site or Services after the edits by you will acknowledge of such changes and compliance with the revised agreement. Any modification to the agreement will be come into effect after 30 days from the revision of the agreement.
o Except for either party’s claims of infringement of the other party’s patent, copyright, trademark, or trade secret, any, and all disputes between you and EveryDesigns arising under or related in any way to this Agreement, must be resolved through confining negotiation as described in this section.
o The arbitration will be governed in accordance with the rules and procedures as set out in the Arbitration and Conciliation Act, 1996 of India. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. Claims of breach or misappropriation of the other party’s patent, copyright, trademark, or trade secret, refund claims shall be exclusively brought in the courts located in Delhi, India. This Agreement shall be governed by and construed solely and exclusively in accordance with the laws of Delhi, India without giving effect to any law that would result in the application of the law of another jurisdiction.
This clause is amalgamation of the entire agreement between EveryDesigns and the concerning parties (i.e. Customer, designer, and user), for the use of services. The services provided by us are purely on contractual bases and not on partnership bases. You don’t hold any right to transfer, subcontract your right, account, and services to other parties without the written consent from us. If any clause of the agreement becomes void or enforceable then the clause will be revised to execute for the maximum extent permitted by the law.
Copyright © EveryDesigns, 2019. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which/who may own the Marks.
Please visit www.EveryDesigns.com or email at “[email protected]”