THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF DESIGNS UNLIMITED SERVICES (“SERVICES”). BY USING THE DESIGNS UNLIMITED SERVICES YOU AGREE TO THESE TERMS, AS SUCH MAY BE AMENDED FROM TIME TO TIME AT DESIGNS UNLIMITED ABSOLUTE DISCRETION. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORISED TO USE THE SERVICES.
1. How Our Services Work
Designs Unlimited offer fix-priced graphic design services. We are an online service that enable users (Customers) to subscribe to an unlimited (5) graphic design service for a fixed monthly-recurring Fee; enabling qualifying graphic design tasks (Tasks) to be completed.
An qualifying Task, might be to re-size an image to a specified number of pixels across, while preserving its aspect ratio, or to create a new image based on a number of Customer supplied visual assets and text.
The Designs Unlimited services works as follows:
i). Customer subscribes to the monthly fix-priced subscription service
ii). Customer completes a Design Request Task (2a), one at a time
iii) Designs Unlimited completes and delivers the Task
iv) Customer Accepts Design Request Task Delivery
v) Monthly fix-priced subscription service customers may request multiple new Task which will be processed in turn
Designs Unlimited reserves the right to reject a Task at any time.
(A) Required Information. Each Design Request Task should consist of a detailed description of the Task (by completing our online design request form and supplies all electronic files, if any, required to complete the Task (together, User Content).
(B) Representation Regarding Right to Submit. By submitting a Task to Designs Unlimited, a Customer represents that Customer owns the User Content or otherwise has the right to submit User Content to us, and Customer’s use of the User Content does not violate any third party intellectual property or other rights.
(C) Ownership of User Content. Customer maintains the ownership rights in any User Content that such Customer submits to the Site.
(D) Grant of Limited Rights to Designs Unlimited. By submitting a Task to Designs Unlimited, the Customer gives us the rights to User Content solely to the extent necessary to complete the Task.
(E) Grant of Limited Rights to Us. Each Customer authorises us to retain archival copies of all User Content that such Customer has submitted and to use such User Content in connection with the Site and our business, including for promoting the Site in any media format and through any media channel.
Delivery to Customer; Turnaround Time. When a Task is requested, Designs Unlimited will deliver the task as quickly as possible. The turnaround time will depend upon the number of requests and their complexity. Each Revision request will operate under the same process.
Delivery to Customer; Acceptance. When a Task is complete, the Customer who submitted it will receive an email from us with the contents of the Delivery available via one or more download links. A Task is considered “accepted” by the Customer (i) when the Customer advises us in writing, or (ii) if it is not declined by the Customer within 72 hours after notification of the Delivery.
Delivery to Customer; Files. When a Task is Accepted, Designs Unlimited will deliver all requested files. Designs Unlimited is not under any obligation to provide a Customer any files that are “unlayered”, “editable” or otherwise allow the Customer to make any changes. Designs Unlimited will retain archival copies of all Delivery Files that Designs Unlimited has created and will retain the right to use such Delivery Files in connection with the Site and our business, including for promoting the Site in any media format and through any media channel. Original Adobe files that we create can be made available to the customer for their own use.
Misstep: If a Customer is Not Satisfied with the Delivery.
If a Customer is not satisfied with the Delivery, the Customer may decline the Delivery and submit a revision request to Designs Unlimited. Designs Unlimited will attempt to make modifications to make the Delivery fit Customer’s reasonable expectations. Designs Unlimited will resubmit the revised Delivery within 1 to 3 business days. A revised Delivery that is not declined by Customer within 72 hours after being resubmitted will be considered accepted by Customer.
(A) If Designs Unlimited determines that either (1) Customer’s demands with respect to Delivery are not reasonable given the original Task specification, (2) Customer is being actively malicious, or (3) Customer has not provided enough guidance, direction, or instruction to Designs Unlimited resulting in the need for multiple edits, the Customer will be deemed to have accepted the Delivery.
4. Our Rights
(i) Our Intellectual Property. We retain all rights to intellectual property underlying the Site.
(ii) User Content Review. We reserve the right to review any User Content, and to investigate any disputes related to the Site.
(iii) Backup; No Liability. Maintaining a safe and secure Customers is a top priority for us and we intend to back up and safeguard User Content posted to our Site using reasonable commercial efforts. However, we do not guarantee that there will not be loss of any User Content, and we will not be liable in the event of such loss of User Content.
(iv) Discretionary Right to Suspend or Terminate Account. We reserve the right to suspend or terminate the account of any Customer at any time for failure, or perceived failure, to comply with this Agreement, or for any other reason in our sole discretion.
(v) Right to Assume Our Defence. If you are required to indemnify us from any claim or loss, we reserve the right, at your expense, to assume the exclusive defence and control of such matter. We will use reasonable efforts to notify you of any such indemnifiable claim or loss upon becoming aware of it.
(vi) Disclaimer. Except where prohibited by law, the Site is provided as-is and as available and we expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that the Site (A) will meet your requirements; (B) will be available on an uninterrupted, timely, secure, or error-free basis; or (C) will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe; (D) reserves the right to amend, suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice.
(vii) Limitation of Liability. Our liability to you will be limited as set forth in Section 4 of this Agreement.
5. Unlimited And Fair Use Policy
The term “unlimited” is subject to a Fair Use clause. The definition of Fair Use is determined by Designs Unlimited management, at its sole and exclusive discretion. Customers deemed to be abusing the Designs Unlimited service will be contacted by the Designs Unlimited management. Designs Unlimited management retains the sole and absolute discretion to suspend service to you if we deem necessary.
6. Termination & Cancellation
Cancellation can occur at anytime. You are never required to stay with us – in fact, we’d prefer you have the option to leave if you are unhappy with our service and give us feedback on how we can serve you better.
Designs Unlimited may terminate or suspend any and all Services and/or your Designs Unlimited account immediately, without prior notice or liability, for any reason whatsoever, or for no reason, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will cease on expiry of the prevailing billing month. If you wish to terminate your Designs Unlimited account, you must Contact us with your termination request. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You can contact us through the contact page or email our support team to issue a termination request.
7. Copyright Infringement
Posting User Content that violates any copyright or other intellectual property rights is in express violation of this Agreement. If you believe your copyrighted work was submitted by a Customer to us without authorisation, you may submit a DCMA takedown notice to us at firstname.lastname@example.org. Only the copyright owner, or an agent authorised to act on the owner’s behalf, may submit such a notice.
8. Limitation of Liability
In no event will we be liable to you or any third party for any lost profit or any damages arising from or relating to this Agreement. Your use of the Site are at your own discretion and risk. Further, Designs Unlimited shall not be liable for any indirect, special or consequential damages, loss of profits, economical loss, loss of goodwill or loss of anticipated savings or loss of data including any data stored on or accessible through a Website. The total aggregate liability of Designs Unlimited in respect of any and all causes of action arising out of or in connection with the customer’s order and Designs Unlimited performance of services pursuant to such order (whether for breach of contract, strict liability, tort (including, without limitation, negligence), misrepresentation or otherwise) shall (subject to the provisions of this agreement) be limited to the sums paid to loyaltyMATTERS Ltd by the customer in respect of the order pursuant to which liability has arisen. Nothing in these terms and conditions shall be construed so as to limit or exclude liability which cannot, pursuant to English Law, be excluded or limited including for death or personal injury or liability in respect of fraud or fraudulent misrepresentation.
Accepted with respect to Delivery means, as applicable, either (i) when the Customer advises us in writing, or (ii) if it is not declined by the Customer within 72 hours after notification of the Delivery.
Business day means a day that is not a Saturday, a Sunday, or a public holiday in the UK and is 24 hours long.
Customer means a user of the Site with rights to submit Design RequestsTasks.
Delivery means the completed design for a Task.
Fee means the Fee applicable to the type of Task. Pricing is subject to change.
User Content means information submitted by a Customer as part of a Task including (A) a detailed description of the Task and (B) electronic files, if any, required to complete the Task.
Site means https://designsunlimited.io.
Design Task means a qualifying design project, which can be completed by Designs Unlimited; typically within 30 minutes. More complex design requests or multiple design requested can be placed but this may affect turnaround times.
You means Customers