Terms & Conditions
This User Agreement describes the terms on which Designers Joint”, “We”, “Us”), a Kenyan Corporation with its principal place of business in Mombasa, Kenya, offers you (“you” or “your”) access to the designerjoint.com service (“Site”, “Service”). By visiting designersjoint.com or making use of the services available on designersjoint.com you are agreeing in full to the terms and conditions set out below as well as the terms and conditions in any policy documents linked to from this document (collectively, the “Agreement”). If you do not understand and agree to each of the terms in this Agreement, do not use this Site. Designers Joint provides a service that connects clients who wish to buy graphic design assets which includes logos (“Customer”, “Client”, “Buyer”) and graphics designers who wish to sell graphic design assets and logos (“Designer”, “Seller”). In this Agreement the term “User” shall refer to any person making use of the Site, whether as a Client, a Designer or as both. In this Agreement the abbreviation “IPR” shall be understood as referring to all legal rights to a creative work, in any country or jurisdiction, those rights including but not limited to copyrights, trademarks and intellectual property rights.
Only parties that can lawfully enter into legal contracts may use the Designers Joint web site and services. By making use of designersjoint.com you expressly represent to us that you are at least eighteen (18) years old and that you may lawfully enter into and form binding contracts, conditions, obligations, affirmations, representations and warranties.
We reserve the right in our sole discretion to refuse, suspend, or terminate service to anyone.
2. Use Of The Site
You hereby agree that you will use the Designers Joint web site and any related services only for lawful purposes.
Specifically you agree that you will not:
- submit graphic design assets or logos to Designers Joint that are also available for sale anywhere else on the Internet, unless an alternative agreement has been reached with Designers Joint;
- register under a false name;
- provide invalid or unauthorized contact information;
- access another user’s account without permission;
- submit graphic design assets or logo designs to Designers Joint that are not your own, unique and original creations;
- impersonate another user or participate under a false name;
- violate any laws, third party rights, or our rights;
- fail to deliver the agreed upon final graphic design assets or logo files to the client;
- circumvent or manipulate our fee structure, the billing process, or fees owed to us;
- post false, inaccurate, misleading, defamatory, libelous or illegal content;
- take any action that may undermine the feedback systems;
- take any action that may undermine the ratings systems;
- use any designersjoint.com feature to distribute spam, in its broadest definition;
- use any designersjoint.com feature to distribute computer viruses or harmful code, in its broadest definition;
- place (in our sole discretion) an unreasonably large load on our server(s) or other technical infrastructure;
- copy, modify, or distribute content from the Site and/or our copyrights and trademarks;
- create derivative works from graphic design assets or logos or any other content found on the Site;
- harvest or otherwise collect information about users, including email addresses, without their consent; or
- reverse engineer or attempt to reverse engineer the Designers Joint algorithm, systems, processes or any other part of the Site.
We reserve the right to report any unlawful or fraudulent conduct to law enforcement, and we will cooperate with law enforcement to ensure that violators are prosecuted to the fullest extent of the law.
We reserve the right to, at our sole discretion and at the FIRST VIOLATION, remove all graphic design assets or logos uploaded by a designer, confiscate all funds in a designer’s account, close the account and permanently block the designer from using the Site should the designer sell or attempt to sell;
- another’s copyrighted material through the Site or
- material that is substantially copied from another’s copyrighted material or material that we reasonably suspect to be subject to third party copyright or intellectual property rights or
- any material that is also offered for sale or published elsewhere on the Internet, even if it is the designer’s own work, unless Designers Joint was notified beforehand (Details), or
- any material that constitutes or contains illegal images of any kind.
You hereby agree and give permission that your funds confiscated in this manner and for this reason shall be used to issue refunds to clients where appropriate and the remainder shall be forfeited and you waive all rights or claims against Designers Joint or other users in connection with such funds.
Designers Joint offers a “remember me” function which is optional. When logging in with the remember me option enabled, Designers Joint places a cookie on your computer. The cookie allows us to identify you when you return to the site at a later time. The use of this feature increases the risk of your account being compromised, especially when used on a public computer.
By submitting any information or material to the site:
- You agree that Designers Joint may publish such information or material on Designers Joint, other properties, social media, in print, etc.
- You agree that graphic design assets or logos sold on Designers Joint may be retained on Designers Joint indefinitely together with any related account information and that you will lose the ability to delete graphic design assets or logo once it has been sold.
- You declare that you understand and accept the inherent risk that information/material you submit to Designers Joint may result in discussion/comments from Designers Joint or other users which you may find offensive or which you may experience as harmful to you, in which event your only recourse will be to remove your information/material from the site.
- You declare that you understand and accept the inherent risk that files and information you submit to Designers Joint will be stored on servers connected to the Internet and that it is not possible for Designers Joint to guarantee that such files and information will never be accessed unlawfully by malicious users. You agree that Designers Joint shall not be held liable in the event of such unlawful access.
3. Reservation of Rights
We retain the right, but do not have an obligation, in our sole discretion, to stop/prevent/remove any project or transaction or to remove any user submitted material, at any point, for any reason.
We retain the right, but do not have an obligation, in our sole discretion, to prevent access to our Site at any point, for any reason.
Designers Joint does not endorse any graphic design assets or logo submitted by designers to the Site. While each graphic design assets or logo is approved by Designers Joint before it is published on the site, Designers Joint cannot and does not guarantee that such graphic design assets or logos are not in violation of existing copyrights, intellectual property rights, trademarks, trade names or any other third party rights to the material. It is the sole responsibility of the Client to verify the legality of graphic design assets or logo purchased from Designers Joint.
Designers Joint does not endorse any opinion, advice or recommendation expressed by Users.
Designers Joint expressly disclaims any and all liability in connection with content submitted to it by its users, even when such material was approved for publication by Designers Joint.
No community review feature or similar system shall create an obligation for Designers Joint to accept or reject user submitted material based on the acceptance/rejection thereof by the user community, nor will Designers Joint be under any obligation to motivate or make public its selection processes, systems or criteria for selecting user submitted material for publication on the site. Approval for publication of any material on the site remains at the discretion of Designers Joint.
We retain the right, but do not have an obligation, in our sole discretion, to reject user-submitted content, at any point (including after it was initially accepted for publication), for any reason. We will not be obligated to offer a reason or explanation for our decision to accept or reject user-submitted content.
We retain the right, but do not have an obligation, in our sole discretion, to retain sold graphic design assets or logos on the site indefinitely. Sold graphic design assets or logos form part of our “collective portfolio” that serves to showcase what Designers Joint can do. We may remove, delete or archive sold graphic design assets or logos at our discretion.
Designers Joint has a zero-tolerance policy for violations of copyright or intellectual property. We retain the right in our sole discretion to take whatever steps we deem necessary to prevent the submission of designs that infringe on the rights of third parties. Any and all obligations Designers Joint has towards a user shall cease immediately and entirely once a user uploads any design to Designers Joint where the design constitutes, in our sole discretion, a clear violation of third party rights.
We retain the right to charge designers a commission on graphic design assets or logo sales and we retain the right to revise the commission percentage and/or the commission structure from time to time, at our discretion. Any changes to the commission percentage or structure will be published on the site, in advance.
We retain the right to take any action that we, in our sole discretion, deem necessary to protect ourselves, the integrity of the Designers Joint systems and its reputation. Actions include without limitation suspension, termination, confiscation of funds, banning Users from the Site, limiting user accounts and/or legal actions.
We retain the right to cancel and refund any order, at any point in the process. When an order is cancelled and refunded by Designers Joint, the buyer agrees to make no further claim of ownership to the graphic design assets or logo purchased, no claim for direct or indirect damages of any kind and no claim related to direct or indirect loss suffered as a result of the cancellation and refund against Designers Joint or against the graphic design assets or logo Seller, even if the reason for the cancellation and refund was due to an error by Designers Joint and/or the Seller.
We retain the right to, at any time and without notice, delete or alter the title, keywords and description of any graphic design assets or logo in order to bring it into line with Designers Joint rules.
4. Legal Relationships and Obligations
4.1 Designers Joint is a venue for graphic designers or logo designers to sell their original work.
4.2 We may use Designers Joint ourselves to buy and sell graphic design assets or logos under the account name “Designers Joint”. Furthermore, Designers Joint may participate in their private capacities.
4.3 When a sale occurs, the Designer is obligated to deliver the graphic design assets or logo in at least EPS and JPG format. The designer is obligated to make changes to the graphic design assets or logo if required by the Buyer and to supply the graphic design assets or logo in additional file formats where appropriate. Failure to comply may, at our sole discretion, lead to the project being re-assigned to a Designers Joint’s designer.
4.4 The Designer is solely responsible for delivering the purchased graphic design assets or logo to the client and for insuring that the client can access, open and use the graphic design assets or logo files. If it becomes necessary for Designers Joint to perform any design actions or any support actions where the support request is directed at the designer, the project will be re-assigned to a Designers Joint’s designer.
4.5 Designers agree to our standard one (1) business-day (Monday thru Friday) turnaround time for changes to a graphic design assets or logo. The same turnaround time applies to the delivery of final graphic design assets or logo files once a buyer accepts/approves graphic design assets or logo. If a Designer (at any point) fails to adhere to this turnaround time Designers Joint will have the option to re-assign the project to a Designers Joint’s designer.
4.6 Designers agree to behave in a professional manner in all their dealings with Designers Joint, with other Designers and with Clients. We reserve the right to suspend any User’s account for unprofessional conduct. If a Designer (at any point and in our sole discretion) displays unprofessional conduct when dealing with a Client, Designers Joint will have the option to re-assign the project to a Designers Joint’s designer. For the purpose of this agreement, Designers agree that professional conduct towards a Client shall include, but not be limited to refraining from the use of foul language and name calling anywhere on the Site, being sufficiently familiar with basic design processes and the basic functioning of the Site to ensure the revisions process is completed without delays, advising the Client to the best of their ability, not delaying or sabotaging a project in any way for any reason, refraining from arguing with the Client wherever possible and doing their utmost to resolve conflict speedily and to the satisfaction of the Client.
4.7 Designers Joint is an English medium web site. Designers acknowledge that a basic proficiency in the English language is a requirement for the successful completion of any design project and that Designers Joint has the right and the obligation to re-assign a project to a Designers Joint’s designer should it, at any point in the life of a project and in its sole discretion, feel that a Designer’s inability to communicate effectively in English is producing a poor experience for the Buyer.
4.8 If you buy graphic design assets or a logo, you agree to complete any changes to the logo within thirty (14) days of the sale. Changes requested after this deadline may incur additional charges. Furthermore, clients agree that any design work requested post graphic design assets or logo finalization may incur additional charges. These charges shall be at the discretion of the designer and must be agreed with the client before the commencement of the design work.
4.9 Each member is fully and solely responsible for satisfying all tax, governmental reporting and any other legal requirements in their own countries/jurisdictions.
4.10 No agency, employee-employer relationship, joint venture, franchise or partnership is intended or created by this Agreement.
4.11 You hereby agree that you are solely responsible for any content that you upload to the Site and any consequences of uploading such content. By uploading graphic design assets or logo designs or any other content to the Site you affirm, represent and/or warrant that you are legally entitled to share and sell such content. Designers Joint will, at the first offence, have the right to close your account, delete all your work from our Site and/or databases, confiscate any funds in your account and permanently block you from selling graphic design assets or logo designs at the Site, should you be found to, at the sole discretion of Designers Joint, offer for sale any material that you are not legally entitled to sell. Designers Joint will have the option to limit an account while investigating a complaint against the account, typically to give the designer an opportunity to respond to the complaint. Limited accounts cannot add new graphic design assets or logos or receive payments. If a limited account generates sales, the designer will forfeit the money from those sales in the event that the limited account is closed following the investigation.
4.12 When graphic design assets or logo is sold or when client feedback is received Designers Joint will email an automated notification to the designer. The email address on file at Designers Joint will be used for this purpose. Designers Joint may choose to send follow-up emails to non-responsive designers, but will not be obligated to do so. Designers Joint cannot and does not guarantee that any emails will be sent, received or delivered successfully. Designers are advised to sign into their Designers Joint accounts daily to view their sales and respond to their clients as needed. Reliance on email notifications from Designers Joint will be at the Designer’s own risk.
4.13 Designers Joint requires that Designers supply their real name and surname for the purpose of copyright transfer in the event of a sale. Designers Joint has the option to request that Users verify their information by submitting identifying documentation as determined by Designers Joint. Failure to supply a real name and surname or failure to provide satisfactory identifying documentation when requested may result in account suspension, delays in payment and/or the removal of the Designer’s graphic design assets or logos from the Site.
4.14 In the event of a sale, Designers Joint requires that the Designer applies changes to the design according to the instructions of the Client. It is agreed that these changes shall not include full customization. Changes to the text, font, and colors are included. The client may also ask for minor changes to the graphic design assets or logo image itself, such as changing a letter, adding a circle around the design, removing design elements etc. The designer is required to make these changes to the design as part of their obligation to the Client under this Agreement. When a Client requests changes beyond minor customization, the Designer may refer the matter to Designers Joint who, in its sole discretion, will determine if the changes qualify as minor customization and notify the Designer and the Client of its decision. If the changes qualify as minor customization the Designer will be required to apply the changes.
4.15 Designers Joint offers a feature that allows prospective clients to contact designers through the site. This feature is disabled by default. Designers who elect to enable the contact feature acknowledge that this may result in an increase in unwanted emails, including “spam” and potentially harmful content. Designers Joint does not actively monitor or filter messages sent through this feature and will not be held accountable for loss or damage suffered as a result of the use of this feature. Designers who enable it do so at their own risk.
4.16 Logos or graphic design assets purchased from Designers Joint may be used for any purpose and may be resold on Designers Joint, directly to a client or through any other service. However, if a logo purchased from Designers Joint is presented to a client, entered in a logo contest or logo competition or in another way presented to a third party for approval you (1) agree to properly attribute the logo to the designer who created the logo and you (2) agree that Designers Joint will be under no obligation to issue a refund to you in the event that the logo is not accepted by the client or other third party or it is not the winning entry in the logo contest/competition, even if all other conditions for the refund has been met. You further agree that the authorship of the logo does not transfer to you.
4.17 Designers Joint will be under no obligation to issue a refund unless all refund conditions are met. Specifically, once graphic design assets or logo revision (preview of the graphic design assets or logo posted by the designer/seller) is accepted or approved, a refund is no longer possible. This limitation is designed to protect designers against fraud and explicitly also applies if the vector source file(s) were not downloaded by the buyer. Furthermore, ordering graphic design assets or logo “as is” (without changes) indicates a request for delivery of the vector source file(s) without changes, thereby eliminating the possibility of a refund. By accepting/approving graphic design assets or logo preview or by ordering graphic design assets or a logo “as is”, you expressly agree that the contract is fulfilled with immediate effect and you expressly waive any right to a withdrawal period.
4.18 Designers Joint will normally save and create backups of files uploaded to the Site, namely the JPG, EPS, SVG and final ZIP files, but it will not be required to do so. Users acknowledge that it is their responsibility to maintain local copies and local backups of files posted to Designers Joint and files downloaded from Designers Joint and that access to files on Designers Joint is not guaranteed. Clients acknowledge that Designers Joint cannot guarantee access to the final ZIP files indefinitely and that it will at intervals remove old projects and files associated with them. Designers are advised that files in excess of 2MB will typically not be retained on the server for long periods and it is important that designers maintain local copies and backups. Clients are advised that the final ZIP file will typically be available for download for a period of three months, but that this period may be significantly shorter in the case of large ZIP files. Once a ZIP file has deleted from the server the client may contact the designer to request a new copy of the ZIP file, but Designers Joint cannot guarantee that the designer will be available, responsive or able to re-upload the ZIP file.
4.19 Designers Joint collects feedback from clients, including a rating at the end of the design process. Clients are not obligated to provide any feedback or rating. Clients agree that feedback and ratings, if provided, may be shown publicly with the Client’s username, but without real names or contact information. Designers agree to not pressure their clients to provide feedback or ratings.
4.20 Designers Joint Users hereby authorize Designers Joint and its appointed officials to act as their copyright agent/representative for every design posted on the Site. Designers Joint and its appointed officials may, without limitation, act on behalf of the user to enforce the user’s copyright. This authorization remains in force for the entire period of time that the design remains on the Site. When graphic design assets or a logo is deleted from the Site, this authorization will continue and will remain in force for thirty days after the deletion date.
4.21 While having more than one designer account is not against Designers Joint rules, creating additional accounts for the purpose of reducing declined logos in the “main” account is not allowed. Using secondary accounts in this way or in any way that is intended to give an unfair advantage to the designer can lead to the accounts being limited or closed.
5. Fees and Payments
5.1 There is no cost to browsing the Site or to selling graphic design assets or logo designs on the Site. Designers Joint charges fees to the client when the client elects to purchase a product or service from the Site. Designers Joint retains the right to charge designers a commission on graphic design assets or logo sales and the right to revise the commission percentage/structure from time to time.
5.2 Designers agree that the price of each graphic design assets or logo displayed on the Site shall be the full price of the graphic design assets or logo. At no point shall additional compensation or royalties of any kind be due to you by Designers Joint or by the Buyer of graphic design assets or logo with respect to graphic design assets or logo purchased. Designers may charge an additional fee, as determined by the Designer, for additional work that goes beyond the normal service Designers Joint provides to its Clients, for example, if the Client wants more than one version of their graphic design assets or logo delivered in vector format. Any additional fees must be clearly stated by the Designer and agreed to by the Client beforehand. Unless the Client requests additional work from Designers Joint directly, such additional work is beyond the scope of Designers Joint’s standard service offering and beyond our control and must therefore be agreed upon and completed between the Client and the Designer.
5.3 Designers Joint may charge clients an administration fee if it, at any point and in its sole discretion, deems such a fee necessary to fund the operation of the Designers Joint web site.
5.4 Money owed by Designers Joint to Users will be reflected in the User’s account balance from where the user can request a payout of the funds. Payments are processed through the PayPal service only. Designers Joint will make the payment to the User’s PayPal email address on file at Designers Joint. Users are solely responsible for posting and maintaining their account details at Designers Joint. Designers Joint will be under no further obligation to Users in the event that a payment fails, is not received by the User or is not possible due to any error in the User’s Designers Joint account information or due to the absence of a valid, correct PayPal email address.
5.5 The User account balance may be reduced at any time by Designers Joint for chargebacks or refunds. Designers Joint may, at any time, recover from the User’s account balance any amount owed by the user to Designers Joint or such amounts as necessary to compensate Designers Joint for any loss that it determines, in its sole discretion, it has suffered due to the User’s breach of this User Agreement.
5.6 Users may at any time request a payout. When a payout is requested Designers Joint will transfer the funds to the User’s PayPal account during the next pay cycle, provided that the User’s account is not suspended or found to be in violation of this Agreement.
5.7 Designers Joint is not an escrow service and does not hold property on behalf of Users. If a payment to a Designer fails, for whatever reason, the payment will be moved forward to the next pay cycle. If the payment continues to fail for twelve or more pay cycles or for twelve or more months, whichever comes first, Designers Joint will consider the funds unclaimed and the Designer will forfeit the payment. The Designer agrees to make no further claim against Designers Joint for funds forfeited.
5.8 When a User’s account shows a negative balance for any reason whatsoever, Designers Joint may request that the User submit payment to Designers Joint equal to the negative account balance. Failure to promptly submit such payment to Designers Joint may result in the account being suspended. In addition, Designers Joint reserves the right and will have the option to, in its sole discretion, collect such funds from a User’s future earnings on Designers Joint.
5.9 The User account balance may be reduced at any time by Designers Joint for processing fees related to transactions on that account. Processing fees are determined and charged by third party suppliers and are beyond the control of Designers Joint. Designers authorize Designers Joint to deduct any fees necessary to ensure that Designers Joint does not suffer a net financial loss in any transaction. Designers Joint will not be obligated to offer explanation or justification for deductions over and above the general fee structure set out in this Agreement.
5.10 Designers Joint will not make payments to designers until a project is finalized. A project is considered finalized when the final graphic design assets or logo files, including but not necessarily limited to the EPS graphic design assets or logo file, have been posted on the client system. In cases where the client becomes unresponsive, Designers Joint will attempt to establish contact with the client in an effort to complete the project. If this fails, Designers Joint will, at its sole discretion, either cancel and refund the project or close the project and make the funds available to the designer.
5.11 Designers are not automatically eligible to receive payments from Designers Joint for sales generated on designersjoint.com. In order to receive payments from Designers Joint, designers must meet the requirements for payment eligibility as determined by Designers Joint and published on the site. Designers Joint shall have the right to change the requirements for payment eligibility at its discretion and without prior notice. If a designer makes a sale and is unable to accumulate enough payment threshold for payment, the payment can be sent after the threshold has been reached. Designers Joint shall have the right to change the requirements for payment eligibility for individual designers, on a case by case basis, should it, in its sole discretion, perceive a problem with the account or an increased risk of fraud associated with the account or with a specific transaction on the account.
5.12 Designers Joint may indefinitely delay payment to a designer should it, in its sole discretion, perceive an increased risk of fraud, a refund or a chargeback associated with one or more of the transactions contributing to the positive account balance, even if the designer has met all requirements for payment eligibility.
5.13 In the event of a chargeback Designers Joint may deduct any fees related to the chargeback from the designer’s balance or, in the case of a zero balance, from the designer’s future earnings. The same also applies to any fees encountered over and above the initial processing fee.
5.14 Designers Joint offers designers the option to specify, edit and bulk edit the prices of their unsold graphic design assets or logos. Designers Joint cannot and does not guarantee that these editing features will always work as expected. It is the sole responsibility of the designer to confirm that their graphic design assets or logo prices are correct after uploading and after applying changes and to frequently inspect their unsold graphic design assets or logos to ensure that the prices are correct. If graphic design assets or logo sells at a price other than what the designer intended, the designer will remain obligated to deliver graphic design assets or logo to the buyer and the designer will not be eligible for damages or additional compensation from the buyer or from Designers Joint, even in cases where an error in the Designers Joint system is shown to be the cause.
5.15 Payments to designers may be cancelled by PayPal in certain situations, for example when the designer’s PayPal email address is not set up correctly at PayPal, or where the designer does not accept the payment. Designers Joint will, as far as possible, attempt to resend cancelled payments to designers, but will not be obligated to do so. Designers are urged to set up their PayPal accounts to receive payments and to ensure that their payment details on Designers Joint are up to date.
6. Project Re-Assignment
A project may be re-assigned to a Designers Joint’s designer for various reasons as stipulated under the Legal Relationships and Obligations heading in this Agreement, as well as for any breach of the Agreement by a Designer which may, at our sole discretion, lead to a poor experience for the Buyer. When a project is re-assigned to a Designers Joint’s designer, the Designer who created the logo will forfeit all funds associated with the sale and Designers Joint will automatically purchase the IPR to the logo from the Designer for the purpose of transferring it to the Client. The Designer agrees to sell and Designers Joint agrees to purchase the IPR to the design for the sum of $20 (twenty US Dollars), from which Designers Joint may deduct all processing fees associated with the sale and transfer of funds, where after the Designer shall have no legal claim whatsoever to the design. Said payment shall be credited to the Designer’s Designers Joint account balance. Designers Joint is not required to give prior notice of project re-assignment. The Designer agrees to make no further claims for payment or royalties of any kind in connection with any design sold on these terms.
7. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR SOLE RISK. THIS SITE AND THE SERVICES PROVIDED BY US ARE PROVIDED ”AS IS,” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE SITE BY ANY THIRD PARTY. WE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO OUR SERVICES OR THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS. OPERATION OF THE SITE MAY BE AFFECTED BY FACTORS OUTSIDE OF OUR CONTROL. TO THE FULLEST EXTENT LEGALLY PERMITTED, DESIGNERS JOINT, ITS PARENT COMPANY, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM AND EXCLUDE ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU RECEIVE FROM US OR THROUGH THE USE OF THE SITE OR OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
8. Release of Liability
You will not hold Designers Joint, its parent company, officers, directors, employees or agents responsible for the actions of other users on the Site, including any content uploaded by other users. You acknowledge that Designers Joint does not function as a traditional auctioneer and that Designers Joint does not verify that all user uploaded material is safe to download. You acknowledge the potential danger inherent in downloading material from the Internet and agree that any material that you download from Designers Joint, including but not limited to material that you paid for, shall be downloaded and used at your own risk. The Designers Joint Site is offered solely as a venue to allow Designers to sell their graphic design assets or logo designs to Clients. We have limited control over and do not guarantee the quality, safety or legality of any product or service offered on the Site, the accuracy of any user information published on the Site, the ability of any designer to deliver services offered or that any member will complete a transaction. Each designer and client must look solely to each other for performance of the rights and obligations stipulated in this Agreement. Designers Joint may, but is not obligated to, task designers at its sole discretion to complete design work where designers fail to complete such design work within the requirements set by Designers Joint. In such cases the designer shall forfeit all or part of their remuneration as determined in this Agreement.
Advice (legal or otherwise) or information provided by Designers Joint, its employees or any member of the Site is given without guarantee. Acting on advice or information provided on the Site shall be at your own risk.
If you have a dispute with another member of Designers Joint you hereby release Designers Joint, its officers, directors, agents, subsidiaries, joint ventures, parent company, and employees from claims, demands and damages, actual and consequential, of any nature, known and unknown, arising out of such dispute or in any way whatsoever connected with such dispute. You will not hold us liable to you or any other member for any special, indirect, consequential or punitive damages pursuant to this agreement, including but not limited to loss of profits, loss of business opportunities, loss of goodwill or of reputation even where Designers Joint was specifically advised of the possibility of such damages.
Designers Joint is offered from and controlled from Kenya. We can not and do not guarantee that the Site will be available or suitable in any other jurisdiction or that our content, processes, methods and agreements will be lawful in all jurisdictions. Those users who access the site from other jurisdictions are solely responsible to comply with local laws.
You agree to defend, hold harmless and indemnify Designers Joint, its officers, directors, employees, related companies, affiliates and agents from and against any loss, damage, cost, expense or any other liability (including reasonable attorney’s fees) incurred by us from or against any loss, damage, cost, expense, claim, demand or action brought against us by a third party in connection with your use of the Site, including any use through your user account and including any payment obligations incurred through the use of the Site. This defense and indemnification will survive this Agreement and your use of the Site.
10. Intellectual Property
Copyright to any logo posted on the Site shall remain with the designer who created the logo. Once a logo is sold, the copyright shall transfer automatically and immediately to the Buyer. The designer shall make no further claims of copyright to the sold logo nor charge any additional fees for copyright transfer of the sold logo. Copyright and ownership transfers to the Buyer, but authorship does not transfer and stays with the Designer, unless otherwise agreed with the Designer beforehand.
During the logo design and revisions process, Designers Joint and the designer agree to treat all designs as confidential. Once the logo is finalized, both the designer who originally created the logo and Designers Joint shall have a worldwide, perpetual, non-exclusive, royalty-free, sublicenseable and transferable license to display sold logos in their respective portfolios, in the widest sense of the word, in any medium they choose, unless the client contacted Designers Joint beforehand and all parties have agreed to further confidentiality.
When you submit content to the site you grant us a worldwide, perpetual, non-exclusive, royalty-free, sublicenseable and transferable license to display such content on the Site or any other media and to, at our sole discretion, create derivative works of the content in order to meet client requirements when a sale takes place.
You may not reproduce any of the content on the Site, including but not limited to logos or graphic design assets uploaded by users, in any medium, for any purpose, without the prior written consent from Designers Joint, its legal representative or the owner of the content in the case of user submitted content.
It is possible to place an order for a logo while one or more other users are in the process of ordering the same logo. In such cases Designers Joint shall refund all except the first order to reach us. Once a transaction completes the purchased logo is no longer for sale.
The Designers Joint name and logo are trademarks of Designers Joint. User submitted content, including but not limited to logos offered for sale, are the property of and may be trademarks of the respective users.
This Agreement prohibits users from uploading content that infringe on any third party rights and Designers Joint manually screens and approves each logo uploaded to the site. However, Designers Joint acts purely as the “middle man” between Buyers and Sellers and as such it shall have no obligation to perform trademark, service mark or copyright searches or inquiries of any nature, in order to verify the propriety or legality of any logo offered for sale. It is the Buyer’s sole responsibility to conduct the appropriate research to confirm that the logo he or she is purchasing is not in use and/or does not fall under a third party’s patent, trademark or other proprietary right. If you believe that your rights have been violated by any material posted by a Designers Joint user, please notify us at the following link: Violations
When you post a logo for sale on Designers Joint you expressly declare that the logo is an original creation, created by you in its entirety, without the aid of templates, vector stock, clip art, dingbats or any other pre-made elements that were not created by you. You agree that, should your logo buyer register the logo as a trademark and the trademark registration should fail due to the prior existence of a similar mark, you will work with the buyer to make the necessary changes to the logo as instructed by the buyer, up to a maximum of ten (10) revisions of the logo, and that you will not charge the buyer an additional fee for such revisions.
When you submit a design request or design idea to the site you grant us a worldwide, perpetual, non-exclusive, royalty-free, sublicenseable and transferable license to display your request/idea publicly on the Site or any other media.
When you submit an idea/concept/suggestion to Designers Joint, by whichever means, you grant us a worldwide, perpetual, non-exclusive, royalty-free, sublicenseable and transferable license to use the submitted information in any way we see fit. Any information that you post in a public area on Designers Joint, such as the forum, may be used freely by Designers Joint, its users and/or any other person with access to the information. Use of the information includes but is not limited to implementing ideas or suggestions you shared and profiting from them. Such use will not create any obligations for the user(s).
We will communicate with you using your email address on file or by posting communications on the Site. The email address on file is the email address provided during the registration process and may be updated by the user under Account Settings. You agree to receive communications from us electronically and you agree that such communications will satisfy any legal requirement that such communications be in writing. Any communications emailed to you will be considered to have been received 1 (one) day after it was sent. Any legal notice delivered to you via email will be considered to have been received 3 (three) days after it was sent. Any notices to us intended to have a legal effect concerning this Agreement must be delivered to dmca [at] Designers Joint [dot] com. Notices to Designers Joint are deemed effective upon receipt.
12. Dispute Resolution
You agree to resolve any dispute, claim or controversy at law between you and us in accordance with this section entitled “Dispute Resolution”. You further agree to contact us directly before resorting to any of the alternatives stated here.
This Agreement in its entirety is governed by the laws of Kenya. You agree that any claim or dispute you may have against or with Designers Joint will be resolved by a court located in the Mombasa County. Any cause of action you may have with respect to Designers Joint must be commenced within 30 (thirty) days after it arises, or the cause of action is barred.
Should you file a claim contrary to this section entitled “Dispute Resolution” we will be entitled to recover any and all attorney’s fees and costs from you, provided that we have notified you of the improperly filed claim and that you have failed to promptly withdraw the claim.
This Agreement shall become effective upon your use of the Site and shall continue until terminated in accordance with the terms of this section. Either party may terminate this Agreement at any time upon written notice to the other party. This Agreement will also automatically terminate when your user account is closed. After termination of this Agreement you will remain obligated to pay any money due by you to us or to another User. When your user account is closed we may permanently delete any data associated with your account. Accounts containing sold graphic design assets or logos can not be closed. In such cases the user may terminate this agreement by informing Designers Joint, in writing, of their decision to do so.
14. Supporting Documents
We reserve the right to change these documents at our discretion. Changes will be posted on the Site and will become effective immediately.
We may revise this Agreement at any time. Changes to the Agreement will become effective when they are posted on the Site. It is the responsibility of each user of this site to review this Agreement from time to time. Your continued use of the Site and our services following changes to the agreement will constitute your acceptance of the revised Agreement. If you do not agree to the revised Agreement, do not continue to use the Site or our services.
You are solely responsible for compliance with local laws, keeping in mind that this service is based in Kenya and that accessing this site and its contents may not be legal for all persons in all countries.
No delay or omission by us in exercising our rights or remedies under this Agreement will be construed as a waiver of such rights or remedies. Any single or partial exercise of a right or remedy shall not preclude further exercise of rights or remedies.
If any part of this Agreement is found to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder of the Agreement will remain in full force and effect. You will not transfer or delegate your rights, responsibilities or your account without prior written consent from us. We may assign this Agreement without restriction.
This Agreement, together with the supporting documents as stipulated, comprises the entire agreement between you and us and shall supersede any prior agreement between the parties.
16. Headings and Highlighting
The boldface headings, boldface text and text color(s) used in this Agreement are intended to aid legibility only and shall have no binding effect.