Please read these terms and conditions ("agreement" or "terms and conditions") carefully before using the website 110designs.com and services offered by 110designs.com. This agreement sets forth legally binding terms and conditions for your use of the website located at www.110designs.com (the "site") and all services provided by 110designs.com. On the site if you do not accept the terms and condition, you may not use this site. 110designs.com may revise these terms and conditions at any time without notice by updating this posting. Any such updates of the terms and conditions will be binding on you.
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "User" or "You") agree to be bound by the terms of this Agreement:
DEFINITIONS:
In this Agreement, the following terms will have the following meanings, unless the context otherwise requires:
110designs.com – 110designs website and infrastructure that offers the services.
Client/Customer/User – person who hosts a Design Contest for Designing Community to create a design to fulfill the requirements of the person’s Design Brief.
Design – graphic design or image which a Client/Customer engages a Designer to create as part of a Design Contest.
Design Brief – Client/Customer requirements for a Design.
Design Contest – an event where Client/Customer who needs a Design (called Contest Holder) is offering prize(s) to Designers who are participating to create the design based on Contest Holder's requirements (Design Brief). The Contest Holder will choose the Winner/Winners (Designer/Designers) based on the best Design that Contest Holder prefers, and the prize(s) will be awarded to the Winner(s).
Designer/User – person who creates a Design in response to a Customer's Design Brief as part of a Design Contest.
1. 110DESIGNS.COM FACILITATES A MARKETPLACE THAT SETS OUT A RELATION BETWEEN CUSTOMER AND DESIGNER.
110designs website allows Users who desire design services ("Design Services" or "Design") to open a contest ("Contest") as a contest holder ("Contest Holder" or "Contest Holders") to request Design Services from the designing community ("Designer" or "Designers") and offer monetary compensation ("Prize Money" or "Award") that will be awarded to the winning Designer or Designer selected by the Contest Holder.
Users are solely responsible for their conduct on this Site and all content provided to the Site, including but not limited to, any all Designs, data, Design Services, text, information, usernames, graphics, images, photographs, profiles, audio, video, items and links (collectively, referred to as "Content"), that You submit, post or communicate on the Site.
110designs facilitates the Contest and exchange of Prize Money and is otherwise not directly involved in the Contest or Design Services exchanged between Contest Holders and Designers. As a result, 110designs has no control over the quality, originality, safety, morality or legality of any aspect of the Contest.
2. SITE RULES AND REGULATIONS.
a) True and Accurate Information. Users agree to provide only true and accurate Content and/or Design to the Site. Users are entirely responsible for all information and Design Services provided to the Site.
b) Original Designs and Infringement on Intellectual Property Rights. 110designs is not responsible for the Content of any Design and has no obligation to screen, edit or review Designs for patent, trademark, service or copyright infringement.
Users represents that any and all Content or Design provided to the Site is original or the User is the sole author or owner of the Content or Design, and that the Design does not violate or infringe on any patents, trademarks, service or copyright owned by another individual or entity.
110designs reserves the right to:
(1) remove or disable access to any Design or Content that it believes is not original or may be infringing on an individual's or entities' intellectual property rights; and
(2) remove and discontinue Site access to repeat offenders.
All Design and Content on this Site is provided "As is" and "Where is." The Contest Holder is solely responsible for verifying the original nature of any Design or Content submitted on this Site by Designer(s). The Designer(s) are solely responsible for providing original designs. 110designs recommends hiring a qualified intellectual property attorney to validate any winning Design.
c) License. 110designs does not claim ownership rights in any Design or Content posted by Users. Users grant 110designs a license to enable 110designs the right to use any information, Design or Content supplied by Users to 110designs, so that 110designs is not violating any rights Users might have in the information provided. Users grant 110designs a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable right to publish such information on the Site.
d) Guaranteed Contests. Guaranteed Contest is a Contest where contest holder promise the design community that they will select winner(s). The prize(s) will be transferred to Contest's Winner(s) when the Contest ended. 110designs reserves the right to distribute the prize of a guaranteed contest within designers or finalists if Contest Holder fails to select a winner within 14 days after the contest was ended.
e) Non-Guaranteed Contest. A "Non-Guaranteed Contest" is a Contest where contest holder do not promise the design community that they will select winner(s) and so can ask for a refund within 60 days of payment. Contest holder won't be eligible for a refund if they awarded winner(s).
f) Refunds. 110designs offer a 100% money back guarantee within 60 days of payment, with the only exemption being if your contest has a guaranteed prize or you’ve granted a winner.
If Contest Holder choose to offer a guaranteed prize that means Contest Holder is promising the design community that he/she will pick a winner, so guaranteed contests won't be eligible for a refund.
Contest Holder/Client releases their right to any sort of refund that is not requested within 60 days of their payment. 110designs reserves the right to withhold Contest Holders refund if no refunds are requested within 60 days, and may utilize Contest Holders prize money to reward Designers as they see fit.
g) Design Delivery, Finalization and Formats provided.
h) Transfer of design ownership. A winning Designer agrees to irrevocably transfer all rights, ownership, intellectual property interest and legal title of the winning Design to the Contest Holder. The Winning Designer will not use the Design in any further or derivative work (except for display as an example of the Designer's work for portfolio) nor offer to resell the Winning Design to anyone other individual or entity. If the Contest was "Private" (the upgraded feature where only registered Designers can view or participate in the Design Contest), the Designer must seek either written permission from the Contest Holder to display the winning Design in the Designer's portfolio.
Designer release. 110designs may require the designer to sign either physically, or digitally, a release form which will release the designers' rights to their design, as well as authenticate the originality of the design. In the event the designer fails to sign this form within the approved time period (48 hours), they will automatically release their design rights to the contest holder, thereby not requiring their physical or digital design.
i) Disclosure of third party image source. If a winning Designer of a Contest has used any third party image source within a winning Design, the Designer must immediately unveil the source of the image to the Contest Holder. Contest Holders are solely responsible for purchasing any third party image for the future use of any winning Design.
j) Contest stoppage. 110designs retains the right to stop any Contest, prevent or restrict access to the Site, close any Users' account for violation of this Agreement.
k) Forbidden or doubtful conduct. Users Content and Use of the Site shall not include the following, Users who violate this Agreement in any manner, as determined by 110designs in its absolute discretion, accounts may be closed and Users may be banished from the Site:
3. FEES AND AWARDS.
There is no charge to create a membership account to become a Designer or Contest Holder.
a) Fees for Contest holders.
The Total Cost for Contest = Prize Money (amount that is determined by contest holder for their contest) + 10% of total Prize Money as 110designs fee + optional services cost that you will be notified of at the time of posting a Contest.
All contests are prepaid to 110designs.com through PayPal.
b) Prize for Non-Guaranteed Contests.
110designs is not responsible for the prize money of Non-Guaranteed Contests.
c) Fees for designers.
The winning Designer will be charged 10% of the Contest Prize Money as a processing fee.
d) Payments.
We accept payments through PayPal and all Credit Cards and Master Cards payment can be made via PayPal. All payments are accepted in USD.
e) Payment to designers:
The designers will be awarded at the start of every week succeeding the Winning week. We reserve the right to investigate and confirm the identity of the designer and Contest holder in order to prevent fraudulent transfers. Payment may be delayed in the event
4. DISPUTES.
If You have a dispute with another User, You release 110designs, its subsidiaries, officers, directors, agents and employees, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. 110designs is and will not be liable to any Designer or Contest Holder or any other User for any special, indirect, consequential or punitive damages pursuant to this agreement, including but not limited to, loss of profits, loss of business opportunities or loss of goodwill or reputation, or trademark infringement even if advised of the possibility of such damages.
5. SITE USAGE (LIMITATIONS ON SITE/MATERIAL REPRODUCTION).
Subject to and conditioned on compliance with this Agreement, 110designs grant You a limited license to access and to use the Site for the purpose of buying and selling the services offered by Designers. You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, re-post or otherwise use any Content found on the Site in any way for any public or commercial purpose without 110designs prior written consent or the consent of the rights holder for the intellectual property published on this Site, including all Designs. Unless You are otherwise lawfully entitled to do so, You cannot and must not use any Content found on the Site on any other site, in a networked computer environment, or in any medium, for any purpose except your own internal viewing. You agree that You will not attempt to reverse engineer or attempt to interfere with the operation of any part of the Site unless expressly permitted by law. The Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by us, in writing.
6. NO WARRANTY.
110designs website and services "as is" and without any warranty or condition, express, implied or statutory. 110designs, its subsidiaries, officers, directors, and employees specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. In addition, no advice or information (oral or written) obtained by you from 110designs shall create any warranty. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
7. LIMITATION OF LIABILITY.
In no event shall 110designs, its subsidiaries, officers, directors and employees be liable for any damages whatsoever, and in particular we shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site, the tools and services we provide, or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if we has been advised of the possibility of such damages. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages, therefore some of the above limitations is inapplicable.
8. INDEMNIFICATION.
You agree to defend, hold harmless and indemnify 110designs, its subsidiaries, officers, directors, employees from and against any and all losses, costs, expenses, damages or other liabilities (including reasonable attorneys' fees) incurred by us from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against us:
(a) in connection with your use of the site or the use of the site using your account, including any payment obligations incurred through use of the site; or
(b) resulting from:
9. SEVERABILITY.
Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. If any part of this Agreement is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect. Nothing in this Agreement or related policies should be deemed to confer rights or benefits on third parties.
10. FORCE MAJEURE.
Except for the payment of fees to 110designs.com, and to the Designer, neither the Contest Holder, Designer nor 110designs.com shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.
11. MODIFICATIONS AND INTERRUPTIONS TO SERVICE.
110designs reserve the right to modify or discontinue the services, and the Site, with or without notice to You. 110designs shall not be liable to You or any third party should we exercise the right to modify or discontinue any or all of the services provided. You acknowledge and accept that 110designs do not guarantee continuous, uninterrupted or secure access to the Site and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of 110designs's control.
12. THIRD PARTY SITES. The Site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that 110designs is not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if You have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and 110designs is not responsible therein. 110designs encourages You to review said privacy policies of third-parties' sites.
13. COMPLIANCE WITH LAWS. User assumes all knowledge of applicable law, including copyright and trademark and patent law, and is responsible for compliance with any such laws federal or local laws that may apply to each User. The User may not use the Site in any way that violates applicable provincial, state, federal, or international laws, regulations or other government requirements. Each User further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
14. COPYRIGHT AND TRADEMARK INFORMATION. All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is owned by 110designs.com, with all rights reserved, or is the property of 110designs.com, or other third parties vendors and is protected by intellectual property laws and rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of 110designs.com is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy this Site or web pages or the content contained therein without prior written permission of an authorized officer of 110designs.com. 110designs.com owned trademarks may not be used in connection with any product or service that is not provided by us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the business of 110designs.com. All other trademarks displayed on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation by 110designs.com of those particular vendors.
Any questions concerning these Terms and Conditions should be directed to:
Support (at) 110designs.com or Contact our Live Chat Support.