By using Digit Media Designs, Inc and signing up as a Client, you agree to be legally bound by these Terms and Conditions of Use, including those terms and conditions incorporated by reference. Please read these Terms and Conditions carefully. If you do not accept these Terms and Conditions, you may not use the Digit Media Designs, Inc service. By placing any order with Digit Media Designs, Inc you agree to all our terms and it is your responsibility to read our terms. Digit Media Designs, Inc may revise these Terms and Conditions at any time by updating this posting. You should visit this web page periodically to review the Terms and Conditions, because they are binding on you. In these Terms and Conditions, all services provided by and related to Digit Media Designs, Inc and all text, images, photographs, user interface, "look" and "feel", data and other content included at
http://digitmediadesigns.com from time to time (including, without limitation, the selection, coordination and arrangement of such content) are sometimes referred to as the "Web Site" and/or "Service".
You acknowledge and agree that Digit Media Designs, Inc 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 Digit Media Designs, Inc. 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 Digit Media Designs, Inc its users and the public.
(a) Description. Digit Media Designs, Inc Service is an online service where individuals or entities that have signed up with Digit Media Designs, Inc as clients (each, a "Client") can post specific assignments and project descriptions, including illustrative samples or other media (each, a "Creative Brief"), revise those Creative Briefs (each, a "Revision Brief") and obtain responses (each, a "Response") to those Creative or Revision Briefs from design experts retained by Digit Media Designs, Inc ("Members"). Digit Media Designs, Inc will provide you, as the Client, the Service according to the Package you have chosen as detailed in section 1(e) 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.
(b) 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. For each Response to a Creative Brief that you want to receive, a term sheet (a "Term Sheet") will be generated that will contain, and be subject to, the terms and conditions you have established for the Creative or Revision Brief. Digit Media Designs, Inc is under no obligation to review a Creative or Revision Brief or Term Sheet for any purpose, including accuracy, completeness of information, quality or clarity. Digit Media Designs, Inc may decide, in its sole discretion, to deny a Creative or Revision Brief or a Term Sheet.
(c) Reviewing Responses. When Digit Media Designs, Inc provides you with a Response, you are responsible for reviewing the Response. If you fail to promptly inform Digit Media Designs, Inc that the Response is not reasonably responsive to the related Term Sheet or Creative Brief, you will be deemed to have accepted the Response. If you notify Digit Media Designs, Inc 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 Digit Media Designs, Inc with a Revision Brief, Digit Media Designs, Inc will provide you with a subsequent Response that conforms to the additional criteria you requested. Digit Media Designs, Inc 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.
(d) Revision Cycles. Revision cycles generally consist of unlimited 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; Digit Media Designs, Inc reserves the right to charge $50 for each such Revision. No revision work, which requires payment, will be started without your authorization.
(e) Packages. You may select from the following Service Packages: logo design packages Logo Startup Design Package | Logo Classic Design Package | Logo Premium Design Package | Logo Unlimited Design Package
(f) Client Accounts. When you register for the Service, you must pay for the Service via credit card, or other payment method authorized by Digit Media Designs, Inc. You will be charged for the Package you have selected along with and additional products and/or services you select as add-ons. If you pay by credit card, you will be required to provide a valid credit card number and credit card billing address when registering as a Client. Digit Media Designs, Inc will email you a receipt for the transactions in which you are involved. Our fee policy 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 Digit Media Designs, Inc implements any such change in fees.
(a) Your User Identity. When you register as a Client, you will create a user identity (your "User Identity"), which will be your identity for purposes of interacting with other users through the Web Site. Your User Identity will include certain personal information, such as, the industry in which you operate. However, your user name need not be your real name. During the registration process, the fields requesting information that will be made available to others as part of your User Identity are identified. You are responsible for ensuring that you are comfortable making such information available to other Web Site users.
(b) Access Numbers, Passwords, and Password Access. You shall keep confidential, shall not disseminate, and shall use solely in accordance with these Terms and Conditions, your User Identity, registration identification and password for the Web Site. You shall immediately notify Digit Media Designs, Inc if you learn of or suspect: (i) any loss or theft of your User Identity, registration identification or password, or (ii) any unauthorized use of your registration identification or password or of the Web Site. In the event of such loss, theft, or unauthorized use, Digit Media Designs, Inc may impose on you, at Digit Media Designs, Inc ' sole discretion, additional security obligations.
(c) Security Breaches and Revision. If any unauthorized person obtains access to the Web Site as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly inform Digit Media Designs, Inc You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.
(a) Web Site and Service Generally. Except as expressly contemplated under these Terms and Conditions, as between Digit Media Designs, Inc and you, Digit Media Designs, Inc 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 Canadian and international law. You shall not remove, conceal or alter any copyright notice, by line 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 Digit Media Designs, Inc ., including "Digit Media Designs, Inc .", without the prior written consent of Digit Media Designs, Inc , 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, the "Client Information"), Digit Media Designs, Inc 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. Each Member to whom your project is made available has the right to review and display the relevant Term Sheet for purposes of preparing a Response.
(c) Rights of Digit Media Designs, Inc. Upon your submission of Client Information to the Service, you grant Digit Media Designs, Inc a royalty-free, perpetual, irrevocable, sub-licensable , 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 Digit Media Designs, Inc. (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, and Digit Media Designs, Inc expressly reserves all right, title and interest in and to the same. You acknowledge and hereby grant to Digit Media Designs, Inc 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 Digit Media Designs, Inc Service. Digit Media Designs, Inc retains the rights to all artwork concepts and other content not selected by you. 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 Digit Media Designs, Inc 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 Digit Media Designs, Inc 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 Digit Media Designs, Inc be responsible for otherwise assisting you in any way in your attempt to perfect your rights in or to the Final Product.
(b) 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.
(c) 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
(a) use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a Client;
(b) delete or revise any material or other information of any other user of Digit Media Designs, Inc ;
(c) take any action that imposes an unreasonable or disproportionately large load on the Web Site's infrastructure;
(d) 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;
(e) 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 Digit Media Designs, Inc on the Web Site and other than generally available third-party web browsers (e.g., Microsoft Internet Explorer and Netscape Navigator); or
(f) 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. (g) 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", "mail bombing" 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. Digit Media Designs, Inc 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. Digit Media Designs, Inc 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. Digit Media Designs, Inc 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.
(e) Operation of Web Site. Digit Media Designs, Inc shall not be responsible for any delays or interruptions of, or errors or omissions contained in, the Web Site. Digit Media Designs, Inc reserves the right, but shall not be required, to correct any such delays, interruptions, errors or omissions. Although Digit Media Designs, Inc intends to use commercially reasonable efforts to make the Web Site and Service accessible, Digit Media Designs, Inc 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. Digit Media Designs, Inc 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. Digit Media Designs, Inc 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.
(a) Responsibility for Content. Digit Media Designs, Inc shall not be responsible for any use that is or is not made of the Web Site or the Service. Without limiting the foregoing, Digit Media Designs, Inc 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, Term Sheets, Responses or User Identity) that are communicated through, or posted to, the Service, whether by Members, Clients, Digit Media Designs, Inc or otherwise, nor does Digit Media Designs, Inc endorse any opinions expressed by any user of the Web Site, including any Member or Client. Without limiting the foregoing, Digit Media Designs, Inc 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, Term Sheet, 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. Photos / Images: Digit Media Designs, Inc shall not be responsible for any use of photos that are not royalty free. It is the clients' responsibility to purchase and pay for all rights to use any photos, images, graphics, icons, logos, and/or designs for any designs created by Digit Media Designs, Inc for the client. This includes websites, website templates, brochures, business cards, postcards, stationery, signage, animations, commercials, slogans, flyers, banners, stickers, promotional items, and/or desktop wallpapers.
"If a project is on hold for more than 2 weeks from the client's end the project will be archived and there will be a reactivation fee to re-initiate the project."
Certain features of our services may utilize the services of third-party vendors and business partners, which services may include software, information or other services. Certain of these vendors and business partners require Users who utilize such features to agree to our terms and conditions. This clause identifies third-party terms and conditions that are required by such third-party vendors and business partners as they apply to the features set forth below. Your uses of such features constitute your agreement to be bound by these terms and conditions. These third party terms are subject to change at such third party’s discretion.
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