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Terms and Conditions - Logo Design Contests By Mighty Designers
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Terms and Conditions

Please read the Terms and Conditions (“Agreement” or “Terms and Conditions”) carefully before using the website MightyDesigners.com and the services offered by MightyDesigners.com. This Agreement sets out legally binding Terms and Conditions for your use of the website located at www.MightyDesigners.com.  If you do not agree to these Terms and Conditions you may not use this website. Mighty Designers may revise these Terms and Conditions at any time without notice by updating its Terms and Conditions. Any updates to the Terms and Conditions will be binding with respecton the customer and designer.

By using this Website in any way, including (but not limited to) visiting or browsing the website, the user agrees to be bound by the Terms and Conditions put forward in this Agreement.

1. Mighty Designers facilitates a Market Place for the Exchange of Design Services

Mighty Designers allows Users who desire design services to open a projectas a project holderto request Design Services from the designing communityin exchange for monetary compensation (referred to as "Prize Money”) that will be awarded to the winning Designer or Designer selected by the Project Holder.

 Users are solely responsible for their conduct on the 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.

 Mighty Designers carries out the Design Project and exchange of Prize Money thereby acting as an agent, that is not directly involved in the Design Project or Design Services exchanged between Design Project Holders and Designers. As a result, Mighty Designers has little control over the quality, originality, morality and legality of the dimensions that a project involves.

 2.Website Rules and Regulations

a) Eligibility Requirements:This website is designed and targeted towards individuals who are 18 years and above and can form legally binding contracts. Users represent and warrant that they are at least 18 years of age, and all personal data related is accurate and truthful. Mighty Designers may refuse access to the website to any individual or entity and may change its eligibility specifications at any time.

b) True and Accurate Information: Users of Mighty Designers agree to provide information that is true and accurate content/design and any required personal information. Users are entirely responsible for the accuracy of the information and designs submitted to Mighty Designers

c) Original Designs and Infringement of Intellectual Property Rights: Mighty Designers does not undertake any responsibility for the designs submitted as being original and does not screen, edit or review Designs for patent, trademark, service or copyright infringement as being the end user’s responsibility.

 The designer represents in his content and designs submitted as being original and that the designer is the sole owner of the content or design submitted under his name. The designer also represents that the designs submitted do not violate or infringe any patents, trademarks, service or copyright owned by another individual or entity.

Mighty Designers reserves the rights to 1) disable access to any design or content that is deemed unoriginal or may be infringing an individual’s or entity’s intellectual property rights; and 2) Remove website access to repeat offenders

 The design and content uploaded on Mighty Designers is shown “As is” and it is the sole responsibility of the Project Holder to verify the original nature of any design or content uploaded for his perusal. The designer(s) are solely responsible for maintaining the originality of their designs and Mighty Designers strongly recommends that the Project Holder hire a qualified intellectual property attorney to validate whether the winning design is a 100% Original.

 d) Licenses:Mighty Designers does not claim ownership rights in any Design or Content posted by Users. By uploading designs/ content on Might Designers, the designers grant Mighty Designers a license to use any information supplied, including the designs and content uploaded. Users grant Mighty Designers a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to publish such information on Mighty Designers.

 e) Responsibility for Applicable Taxes: Users are responsible for paying all applicable taxes, including but not limited to, the reporting of any personal income resulting from the award of any Prize Money, payroll tax or payroll withholding tax.

 f) Guaranteed Projects: means that you are promising everyone that there will definitely be a Winner. The advantage from guaranteeing a contest is that the designers know that you are not wasting their time. If you do not choose a winner within 7 days after the project has closed, Mighty Designers will choose the design with the most number of star ratings and pay the designer (or split the prize money between the top 2 designers, depending upon the rating). Please note that a Guaranteed Project is not eligible for a refund.

 g) Non-Guaranteed Projects: When you have not opted to guarantee your project, you can choose not have to select a winner at the end. This is only if you are not satisfied with the designs. If you are not satisfied, you are eligible to get a full refund of your reward money back if you received less than 30 concepts. If your contest received more than 30 design concepts you are eligible to receive your prize money refund minus a $100 “Designer’s Fee”.

h) Refunds:  If a Non-Guaranteed Project receives less than 30 concepts, the Prize Money that is remaining after the payment of the Project listing, Processing and Designer Fee will be refunded to the Project Holder. Designer’s fee of $100 will be retained if the project receives more than 30 concepts and shall be rewarded to the top designer in your project, based on the star ratings.

i) Design Delivery:

I.Design Delivery to Mighty Designers

Winning designers will be required to send their final source files in requested formats, within 48 hours of winning selection has been made. In the event that the winning designer does not deliver the designs in the provisioned amount of 48 hours, they will be charged for 20% of the contest value, with a maximum charge of $100 to compensate Mighty Designers for recreation and delivery of the files to the Project Holder in the provisioned 48 hours.  In the event the winning designer sends the files, and they are not in the proper format, they will be requested to resend the proper files within 48 hour. Final formats may include (AI, EPS, PDF, PNG, JPEG, GIF, and TIF).The client may request up to 2 revisions and additional file types within ten days upon completion of the project. The designer, may accept, but is not obligated, to provide additional file formats that were originally provided.

II.Delivery to Project Holder

Final files will be sent to the project holders within 3 business days from the time they select the winner. If the project holder requests the final files sooner, Mighty Designers will charge $100 for expedited design services, to recreate the winning designer's logo, and delivery to the Project Holder.

j) 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 Project Holder. The 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 purposes), or resell the Design to any third party. If the Project was "Private" the Designer must seek written permission from the Project Holder to display the winning Design in the Designer's portfolio.

Designer Release: Mighty Designer may require the designer to sign digitally, a release form which will release the designers’ rights from the design, and authenticate the originality of the design. Failure of the designer to sign this release form after the provisioned 48 hours period, Mighty Designers will release design rights to the Project Holder, on the designer’s behalf.

k) Disclosure of Third Party Image Source: When the Winning Designer of a Project has used and third party image source, it is his responsibility to immediately disclose the source of the winning image to the Project Holder. Project Holders are solely responsible for purchasing third party image for the future use of any winning Design.

 

l) Project Freezing: Mighty Designers retains the rights to freeze or prevent access to a Design Project, or block any User’s account based on the violation of the Terms of Agreement as determined by Mighty Designers in its sole discretion

 

m) Prohibited Conduct: Users’ conduct and use of the website which violate the Terms and Conditions set out gives Mighty Designers the sole discretion to close accounts and block users if deemed necessary. Mighty Designers may block users and close accounts if one of the following takes place:

i. Users violate this agreement, website policy, applicable law, statute, ordinance or regulation

ii. Project Holders participate as a designer and select their own design as a winner for their own project.

iii. Designers are found to be related to the Project Holder

iv.Infringement of a third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.

v. The use of abusive language or the exercise of inappropriate behavior as will be determined by Mighty Designers

vi.  The use of another party’s account without permission

vii.Invalid or Unauthorized payment method

viii. Using false names through for example, use of multiple accounts, use of similar email account or nicknames

ix. Transmitting content that contains Viruses, Worms or Trojans that are harmful to computer software, hardware or telecommunications equipment.

x. Users manipulate the price of any project or interfere with other User’s Project

xi. Users post false, inaccurate, misleading, defamatory or libelous content.

xii. Any action taken on the user’s part that may undermine the feedback, rating systems (such as displaying, importing or exporting feedback information from the website or using it for purposes unrelated to Mighty Designers’ business activities).

xiii. Distribution or posting of spam, chain letters, or pyramid schemes.

xiv. Advertising a competing website or service in any form

xv. Copying, modifying, distribution of Content/Trademarks of Mighty Designers

xvi. Harvesting or otherwise collecting of information about users including email addresses, without the Users and Mighty Designers’ written consent

xvii. Soliciting Project Holders

3. Fees and Awards

Creating a membership account with Mighty Designers as Designer or Project Holder is Free.

a)  Fee for Project Holders

Your Complete Cost= Total Prize Money + $ Listing fee+ $ Processing fee + Optional Upgrades.

b)  Fees for Non-Guaranteed Projects

If your Design Contest is not “Guaranteed Project” and receives more than 30 design entries, you are eligible to request a refund of your prize money minus $100 for “Designer’s Fee”.

c)  Fees For Designers

All winning projects will be charged an 8% of Prize Money as Processing Fee, which will be deducted from the Prize Amount. (For example, if the project prize money is $300, the winning designer will get 300-[8%x300] = $276)

d)  Payments

We accept MasterCard, Visa, Diners, AMEX, Switch or Solo and American Express Debit and Credit Cards. We offer further convenience by offering to carry out your transaction through payments via Paypal, E-Checks and Western Union Money Transfer. All payments are accepted in USD.

e)  Awards

The designers will be awarded as per the payment schedule given in the help section. In cases, where prize money is more than $500 US dollars, Mighty Designers may investigate and confirm the identity of the designer and project holder in order to prevent fraudulent transfers.

4. Disputes

In case of a dispute with a User, you release Mighty Designer, from any and all claims, demands and damages (actual and consequential), known and unknown, arising out of or in any way connected with such dispute. Mighty Designers will not be liable to any designer, project 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. Limitations on Website/Material Reproduction

Mighty Designers grants you a limited license to access and use the website for the purpose of buying and selling the services offered. Users are therefore not allowed to sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any Content found on the website for any public or commercial purpose without the prior written consent of Mighty Designers or the consent of the rights holder for the intellectual property published on the website, including all designs. Unless the user is lawfully entitled to do so, he must not use the content found on the website for any other website, in a networked computer environment, or in any other medium, for any purpose except your own internal viewing. The user is not entitled to attempt to reverse engineer or attempt to interfere with any part of the website unless expressly permitted to do so by law.

6. No Warranty

Mighty Designers, its subsidiaries, officers, directors and employees specifically disclaim any implied warranties of title, performance and non-infringement. In addition, no advice or information (oral or written) obtained by a user from Mighty Designersshall create any warrant.

7. Limitation of Liability

In no event shall Mighty Designers, its subsidiaries, officers, directors and employees be liable for any damages whatsoever. Mighty Designers will not be liable for any indirect, consequential or incidental damages, or damages for lost profits, loss of revenue arising out of or related to this website, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise, even if Mighty Designers have been advised of consequential damages.

8. Indemnification

You agree to defend and indemnify Mighty Designers, its subsidiaries, officers, directors, employees from and against any losses, damage costs or other liabilities (including attorney’s reasonable fees) incurred by Mighty Designers from and against any costs, liabilities, losses, damages, cause of action, claims, suit, proceedings, demands or actions brought on by a third party: a) related with your use of the website or the use of your account including any payment obligations arising from the use of the website OR b) resulting from:

i)  use of the website

ii) decision to supply financial information

iii) submit postings and accept offers from other users

iv) breach of contract

v)  other claims made by members with which you conducted business through the website

vi)  liabilities arising from the tax treatment of payments or portion thereof

vii) general negligence on the part of user

viii) omission or failure to pay fees or any invoice

ix)  any legal obligations to another user

This defense and indemnification will survive this agreement and your use of the website.

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 any invoices to Mighty Designers and to the winning designer, the project holder, designer or Mighty Designers may be responsible for the failure to perform an obligation 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 either party. In such circumstances, the performance of the due party shall be extended by the period of the delay that arose.

11. Modifications and Interruptions to Service

Mighty Designers may modify or discontinue the services, and the website, without notice. Mighty Designers will not be liable to any third party in circumstances arising which may lead to the closure of the website and its services. By agreeing to the Terms and Conditions, the user acknowledges and accepts that Mighty Designers does not guarantee continuous, uninterrupted and secure access to the website. This may occur due to numerous factors or circumstance outside the direct control of Mighty Designers.

12.  Compliance with Laws

The user assumes all knowledge of applicable law, including copyright, trademark and patent law, and is responsible for compliance with any such laws federal or local laws that may apply to each User according to their country of residence. The user may not use the website 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 which could constitute a criminal offense; giving rise to civil liability or otherwise violation of any applicable local, state, national, or international law or regulation.

13. Copyright and Trademark Information

The content, website design, interface and the graphics that the website constitutes of is exclusively the property of Mighty Designers and is protected by intellectual property laws and rights. Any misuse made of materials on the website for the purpose of reproduction, modification, circulation or replication through any form of data extraction or data mining, or other commercial exploitation, without prior written permission of Mighty Designers is strictly prohibited. Users connected with Mighty Designers agree that they will not use any robot, spider or other automatic device, or manual process to monitor or copy Mighty Designers without the prior written permission of Mighty Designers.

The trademark of Mighty Designers shall not be used in connection with any product or service that is not provided by Mighty Designers in any way that will indefinitely cause confusion among prospective and current clients of Mighty Designers, or in any way that will decrease credibility of Mighty Designers. All other trademarks showcased on Mighty Designers are the trademarks of their respective owners which do not constitute an endorsement or a recommendation by Mighty Designers.

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