Terms and Conditions
Design.Inc - Terms and Conditions
These Terms of Use (the "Agreement") constitute a legally binding agreement between you and DESIGN.INC, a subsidiary of AlphaSquad LLC, limited liability company established under California Law ("AlphaSquad LLC"). Companies related to accessing and using the Design.inc Website (“Customers”): (https://www.design.inc/) (“the Website”) and everything else. Media forms, channels, mobile websites, or related mobile applications that are linked or otherwise associated. If you fail to comply with any of the terms and obligations of this Agreement, and if you do not comply, you will be expressly prohibited from using the Website and you will be instructed to discontinue use immediately. After that, the relationship between you and Design.inc will end and will no longer exist between the parties. However, your obligation to pay Design.inc for the services provided will survive and will continue to constitute your ongoing obligation to Design.inc.
Intellectual Property Rights
Unless otherwise stated, the Site is with Design,inc and any type of audio, video, text, photo, graphics (collectively or individually "content" and trademarks, service marks, and contained herein, regardless of format. The logo (“Mark”) is owned and controlled by Design.inc and is protected by copyright and trademark laws and other applicable intellectual property laws or regulations of US and foreign jurisdictions and international treaties. Marks are provided "as is" for your information and personal use only. Except as expressly provided herein, any portion of the Site or Content may not be copied, or reproduced. It may not be aggregated, reissued, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or used for any other commercial purpose except Design.inc' prior written permission. We reserve all rights to our website, content, and trademarks.
Material Ownership
All designs and original source files (“Projects”) created on your behalf, regardless of ownership of the Design.inc submissions described in Paragraph 4 (“Client Feedback”), belong to Clients.Clients are the sole owner of the copyright for all projects. If, by legal action, Design.inc becomes the full or partial owner of the project rather than the client, Design.inc will assign all interests in the project to the client irrevocably and permanently without limitation. Clients own all materials provided to Design.inc as an example or as materials incorporated into the project during the design process, including but not limited to all intellectual property rights. We guarantee that it will not infringe or misuse client rights to advertise. Design.inc reserves the right to publicly share the client's design work (social media, websites, etc.) unless agreed as specified in Section 18 of this document.
ThirdParty Fonts
If client project contains fonts that are not owned by Design.inc and you need a commercial license to legally copy, distribute, or publicly display your project (“third party fonts”), design.inc states that one or more third-party fonts are included in the project and that the client must obtain one or more licenses for the third-party fonts from the copyright owner of the third-party fonts. Clients will be notified in writing to legally duplicate and distribute them or publish your project. This notice will determine the licenses the client needs and who client will contact to obtain those licenses as a result of client’s failure to obtain one or more licenses for the third party fonts used containing enough information.
User Representations
By using the website, clients represent and warrant that:Clients have the legal capacity and agree to comply with these Terms of Use. Clients are not a minor in the jurisdiction of their place of residence. They do not access the website by automated or non-human means. They shall not use the website for illegal or unauthorized purposes. Client’s use of this website does not violate any applicable law or regulation.
Prohibited Activities
Client shall now no longer get right of entry to or use the Website for any cause aside from that for which the Website is made to be had to the Client. The Website won`t be utilized in reference to any industrial endeavors besides the ones associated with the paintings completed through Design.inc on behalf of the Client. Further, Client is to refrain from the following: Make any unauthorized use of the Website; Retrieve information or content material for the functions of making or compiling a database or directory; Circumvent, disable, or in any other case intrude with security associated capabilities at the Website; Engage in unauthorized framing or linking of the Website; Trick, defraud or deceive Design.inc or different users; Interfere with, disrupt or create an undue burden at the Website or Design.inc`s networks or servers; Use the Website so as to compete with Design.inc ;Decipher, decompile, disassemble, or opposite engineer any of the software program comprising or in any manner making up part of the Website; Bypass any measures at the Website designed to save client or limitation get right of entry to to the Website or any element thereof; Harass, annoy, intimidate or threaten any of Design.inc`s employees, unbiased contractors or marketers imparting offerings via the Website; Delete the copyright or different rights be aware from any Content; Copy or adapt the Website`s software Upload or transmit, or try to do so, viruses, Trojan horses, or different stuff which include some thing that interferes with any party's use of the Website or modifies, impairs, disrupts, alters, or interferes with the use, capabilities, functions, operations or preservation of the Website; Upload or transmit, or try to do so, any medium that acts as a passive or lively statistics series or transmission mechanism; Disparage, tarnish or in any other case damage Design.inc;Use the Website in a way inconsistent with any relevant laws, statutes or regulations.
Client Feedback
Client agrees that the questions, comments, hints, and other comments or submissions (each "Submissions") that are the sole property of Design.inc, and Design.inc will now be obliged or take significant steps to keep the submissions private for acknowledgement. Design.inc is the sole owner of all rights relating to the Submission and is the sole and absolute, unless the rights have been granted to Customer under Section 2 (“Material’s Ownership”). Approval or repayment from, or to the client, for legitimate reasons without permission, at the discretion of the client. Clients agree that they have the right to clarify and position for their Submission, and they waive all claims and reimbursement claims against Design.inc regarding the use of their Submission in accordance with the statements contained herein and in sole discretion below further.
Management and oversight
Design.inc reserves the right to monitor the website for violations of these Terms of Use and to take appropriate legal action against violations of these Terms of Use or applicable laws, statutes and regulations. Design.inc also reserves the right to restrict or deny access to the website or to disable the use of the website. Such decisions are made at Design.inc sole discretion without notice or liability. All decisions regarding the management of the website are made at Design.inc' sole discretion and are intended to protect Design.inc’ rights and property.
Privacy Policy
By using this site, you agree to be bound by and comply with the privacy policy and the terms expressly stated, accepted and incorporated in this document. This website is hosted in the United States. Access to sites from the EU, Asia, or other parts of the world may be subject to different laws, statutes, or regulations than the United States, which dominates the collection, use, or leakage of personal information. Continued use of the site and the transfer of data to the United States comprise an explicit consent to the transfer and processing of data in the United States. Design.inc does not intentionally accept or request information from anyone under the age of 18. In accordance with the US Children's Online Privacy Protection Act, Design.inc will withdraw such information as soon as it receives the actual knowledge that a person under the age of 13 provided personal information to Design.inc without parental consent.
Returns and refunds
Due to the nature of the work, design.inc do not offer refunds. You can avail free trial for 3 days or try the paid services of design.inc for a week.
Transformation
Design.inc withhold the right, in its sole discretion, to modify, add, or delete content on the Website. Design.inc reserves the right to modify or discontinue all or part of the Website without notice and without liability to the customer.
Disconnect
Design.inc does not guarantee or assure that the website is always available and accessible. Problems with hardware, software, or other factors can result in interruption delays or errors that are beyond the control of Design.inc. Clients agree that Design.inc will not be liable for any loss, damage or inconvenience caused by clients inability to access or use the Website while the connection or service is interrupted.
Governing law
These Terms of Use shall be governed by and construed in accordance with the laws of California, regardless of the principles of conflict of law.
Proceedings
All claims of all types shall be filed in the State Court of California, California or the Federal District Court of California. The parties agree to such court's personal jurisdiction and waive the lack of personal jurisdiction and the inconvenient forum objections regarding the venue and jurisdiction. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act is exempt from these Terms of Use.
Disclaimer
The Website is provided on an as it is, as-available basis. Client agrees that its use of the Website and Services are at Client's sole risk. Design.inc disclaims all warranties, express or implied, in connection with the Website and Client`s use thereof, including the implied warranties of merchantability, fitness for a particular purpose and noninfringement. Design.inc makes no warranties or representations about the accuracy or completeness of the Website or any content thereon or content of any websites linked to the Website and Design.inc assumes no liability for any errors, mistakes or inaccuracies of content and materials, personal injury or property damage, of any nature whatsoever, any unauthorized access to or use of Design.inc’ secure servers and/or any personal information and/or financial information stored therein, any interruption or cessation of transmission to or from the site, any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Website by any third party and/or any errors or omissions in content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the Website. Design.inc does not warrant, guarantee, validate, or is responsible for products or services advertised or provided by third parties through websites, linked websites, or websites or mobile applications contained in advertisements.
Limitations of Liability and Indemnification
Design.inc and its directors, employees, members, independent contractors or agents shall not be liable to Client or any third party for any direct, indirect, consequential, incidental, special or punitive damages, including lost profit, lost revenue, lost data, attorneys` fees, court costs, fines, forfeitures or other damages or losses arising from Client`s use of the Website.Client agrees to defend, indemnify and hold harmless, Design.inc and its subsidiaries, affiliates and all respective officers, members, agents, partners, employees and independent contractors from and against any loss, damage, liability, claim or demand including reasonable attorneys` fees and expenses, made by any third party due to or arising out of: (1) use of the Website; (2) breach of these Terms of Use; (3) any breach of Client's representations and warranties set forth herein; (4) Client`s violation of the rights of any third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, Design.inc reserves the right, at Client's expense, to assume control and defense of any matter for which Client shall be required to indemnify Design.inc hereunder. Client agrees to cooperate with the defense of such claims.
User data
Clients are solely responsible for the activities they perform or the data submitted in connection with their activities using the Website. Design.inc shall not be liable to client for any loss or damage to such data and they waive their right to sue Design.inc for such loss or damage.
Electronic communication, transactions, signatures
Clients agree to receive communications from Design.inc electronically, and all agreements, notices, disclosures, and other communications sent via email or site must make such communications in writing. Design.inc agreed to meet the legal requirements. Clients agree to use electronic signatures, contracts, purchase orders and other records, and electronically deliver notifications, policies and records of transactions initiated or completed by Design.inc or through the Site. Clients thereby have the right under any law, regulation, rule, ordinance, or other statute in the jurisdiction that requires the original signature, distribution or storage of non-electronic records, or payment or credit grant by non-electronic means. Or abandon the requirement.
Announcement of design work
Design.inc withhold the right to share design work on digital channels, including social media, websites, etc., unless otherwise agreed. The client reserves the right to issue an NDA between itself and Design.inc. This voids Design.inc’s right to publicly share or discuss the client's work.
Miscellaneous
These Terms of Use and the policies posted on or related to the website constitute the entire agreement and understanding between client and Design.inc. Failure of Design.inc to enforce the rights or provisions of these Terms of Use does not constitute a waiver of those rights or provisions. If any provision or part of these Terms of Use is determined to be illegal, invalid, or unenforceable, that provision will be separated from these Terms of Use, but otherwise in this Agreement. It does not affect the validity or unenforceability of the remaining provisions. Nothing in these Terms of Use, Privacy Policy, or Website shall be construed as establishing a joint venture, partnership, employment, or agency relationship between you and Design.inc.
Contact Address and Information
For further queries or complaints regarding website, please contact Design.inc support@design.inc
