Terms and Conditions
3. Accessing the Website and Account Security
The Website is a platform that allows designers to market and sell their graphics, designs, fonts and other related products (collectively, “Items”) directly to buyers. The Website contains contributor or designer web pages that are accessible on personalized platforms (“Designer Shops”) for vetted and approved designers or contributors (collectively referred to as “Sellers”) to sell their designs or other contributions, and other interactive features that allow Sellers to post, submit, publish, display, host or transmit content or materials on or through the Website, including monthly Item bundles that are curated and featured by The Website (together with Designer Shops, the “Interactive Services”).
To access the Website and some of the resources it offers, whether as a Seller or a User, you will need to create an account and provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide to and on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including without limitation through the use of any of the Interactive Services on the Website, is governed by our Privacy Statement, and you consent to all actions we take with respect to your information consistent with our Privacy Statement.
To create and maintain your account with the Website, you must agree to and abide by the following rules:
- You must be 18 years of age or older.
- You must provide accurate information about yourself. You may not use false information or impersonate another person or company through your account.
- If you’re registering as a business entity, you personally guarantee that you have the authority to agree to any terms on behalf of the business.
- You are solely responsible for:
- Your account and any activity on your account.
- Making all arrangements necessary for you to have access to the Website.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you sign out of your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to Users, including Sellers.
4. Rights and Obligations of Sellers
5. Content Standards
These content standards apply to any and all Items and use of the Interactive Services. Items must comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, Items must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that the Items or Interactive Services emanate from or are endorsed by us or any other person or entity, if this is not the case.
6. Intellectual Property
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers, and such material is protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
We grant you a limited, non-exclusive, non-transferrable right and license to use the Website for your personal use only, except as otherwise provided in the General Commercial Use License. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Company’s material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- Modify copies of any materials from this Website, including any Designer Shops.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies or materials from this site.
- Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
The Company name, the terms Design On Demands, and the Design On Demands Logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
8. General Commercial Use License
If you make a purchase from or submit an order to the Website, you are granted a license that entitles you to certain personal and commercial uses related to the Item that you purchased or ordered, with the exception of print-on-demand and high-volume production orders.
If you will be using an Item for high-volume production (defined as more than 500 copies) or have made a print-on-demand order, you must purchase an enterprise license from the Website for each individual Item. If you have any additional questions that are not answered by this section, please contact us.
- You may use any purchased Item for personal and commercial use. This means you may use it for yourself or create a product with or using the Item that you hold for sale.
- The purchased Item may be used on a physical product as long as the Item has not been altered or modified.
- Example: You purchase a graphic of an elephant from a Seller. You may make a t-shirt with the elephant graphic on it, as long as you do not make any changes to the elephant graphic. You may then sell the t-shirt. Further customization or personalization (such as adding a name) for the purpose of commercial resale is additionally permitted.
- Fonts may be used to create commercial use, text-based digital designs, but the font itself cannot be re-sold or re-distributed.
- The Item itself—in its original digital form as purchased from the Website—may not be resold, sublicensed, transferred, shared, or otherwise re-distributed in its original digital form (e.g., as you purchased it).
- The Item may not be included in the sale of another product.
- Example: You purchase a design of a flower. You may not include the file of the flower design as part of a bundle of other items held for sale or with the purchase of a t-shirt displaying the flower design.
- The Item may not be used with or on print-on-demand services.
- Digital cut files may not be digitized and re-sold as embroidery files.
- The Website’s images of any Item, or of a finished product containing any Item, may not be used to promote or market your product. This means it is impermissible to use the Website’s stock photos or mock ups of Items listed on the Website, whether for sale, illustration, marketing or otherwise, for your own use.
9. Disclaimer of Representations and Warranties
You understand that we cannot and do not guarantee, represent or warrant that any Item or any file available for downloading from this Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for the restoration of any lost data. TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Further, you understand that we cannot and do not guarantee, represent or warrant that any Item or any file available for downloading from this Website, including from any Designer Shop, will include the license purported to be granted by the Seller. You understand that the Company does not design, create or inspect any of the Items sold through our Interactive Services. The Website functions as a marketplace; the Items listed on our Website are designed, created, listed and sold by Sellers who are independent from the Company. The Company therefore cannot and does not make any warranties about the quality or legality of the Items.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BY NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
10. Limitation of Liability
You understand that any legal claim related to an Item you purchase must be brought directly against the Seller of the Item. You release the Company from any claims related to Items sold through our Interactive Services, including for defective Items, misrepresentations by Sellers or Items that cause any injury (including without limitation any product liability claims). You understand that the Company is not responsible for the accuracy, copyright compliance, legality or decency of Items posted by Sellers that you access through the Website’s Interactive Services, and you release us from all liability related to such Items. You understand that any interaction with a Seller or other User is made at your own risk, and you release us from all liability relating to such interactions.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT OR ITEMS ACCESSED THROUGH OR ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The Company retains sole discretion in handling its legal defense and strategy even with your indemnification, and you agree to cooperate with the Company so we can execute our strategy.
12. Prohibited Uses
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another User or any other person or entity (including, without limitation, by using e-mail addresses, screen names or user names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us in our sole discretion, may harm the Company or Users or expose them to liability.
- In any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
You agree not to:
- Use any robot, spider or other automatic devise, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
13. Monitoring and Enforcement: Termination
We have the right to:
- Remove or refuse to post any Items for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website, including, without limitation, in individual Designer Shops. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
14. Copyright Infringement & DMCA Agent Contact Information
In consideration of the Digital Millennium Copyright Act of 1998 (the “DMCA”), it is the policy of the Company to expeditiously assist you if you believe that any Item has violated your copyright. If we become aware that one of our Sellers or Designer Shops is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate the account privileges of that Seller or Designer Shop.
The Company’s designated agent to receive notices of copyright infringement (a “Notice”) is Will Haley, and may be contacted at firstname.lastname@example.org. You may also contact this agent if you wish to counter a Notice (a “Counter Notice”) submitted against you, or if you would like to withdraw a Notice you previously submitted to the Company.
To be effective, the Notice must include the following:
- A physical or electronic signature of the owner whose exclusive right is allegedly infringed or of a person authorized to act on that person’s behalf;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or is the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to enable the Company to locate the material on the Website;
- Information reasonably sufficient to permit the Company to contact the copyright owner or his/her authorized agent;
- A statement that the copyright owner or authorized agent has good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement under penalty of perjury that the information in the notification is accurate, and, if submitted by the owner’s authorized agent, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Following receipt of the Notice containing the information outlined above, the Company will make a timely notification to the U.S. Copyright Office in accordance with the DMCA, and will remove or disable access to the material that is alleged to be infringing and forward the Notice to the alleged infringer, or otherwise take reasonable steps to promptly notify the alleged infringer that the Company has removed or disabled access to the allegedly infringing material.
To be effective, a Counter Notice must be a written communication provided to the Company’s designated agent at the above-provided address that includes substantially the following:
- A physical or electronic signature of the alleged infringer;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
- The alleged infringer’s name, address and telephone number, and a statement that the alleged infringer consents to the jurisdiction of the United States District Court for the District of Delaware, or, if the address is outside of the United States, for any judicial district in which the Company may be found, and that the alleged infringer will accept service of process from the person who provided notification, or an agent of such person.
Following receipt of the Counter Notice containing the information outlined above, the Company shall provide the complaining party with a copy of the Counter Notice within a commercially reasonable time and inform the copyright owner or authorized agent that the Company will replace the removed material or cease disabling access to it within 14 business days. If the Company’s designated agent has not received notice from the copyright owner or his or her authorized agent within 10 business days that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity in relation to the allegedly infringing material, the Company shall restore the allegedly infringing material.
15. Third Party Content
This Website includes content provided by third parties, including materials provided by any Seller. All statements and/or opinions expressed in these materials, and all responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
16. Changes to the Website
We, or approved contributors to this Website, may update the content on this Website from time to time, but the Website’s content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. Any of the material offered in a Designer Shop may not be available at any given time, and we are under no obligation to ensure such material is available.
17. Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Statement. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Statement.
18. Online Purchases and Other Terms and Conditions
19. Payment, No Refunds
Please refer to each Seller or Designer Shop for terms of payment for any Item.
Because you will receive a digital copy of an Item purchased, all Items are sold “as is”. You assume the responsibility for your purchase. Except as otherwise required by law, there will be no refunds for any Item, subscription or memberships purchased through this Website.
20. Linking to the Website and Social Media Features
You may link to our homepage or, if you are a Seller, to your Designer Shop, provided you do so in a way that is fair and legal, does not damage our reputation, and does not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express, written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send e-mails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features, including without limitation the terms of our Affiliate Program. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
21. Links on the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
22. Geographic Restrictions
The owners of the Website are based in the states of California and Massachusetts. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
23. Governing Law and Jurisdiction
25. Limitation on Time to File Claims
27. Waiver and Severability
27. Entire Agreement
28. Your Comments and Concerns
This website is operated by Design On Demands
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: email@example.com.