By using Deleuxe Design and signing up as a Client, you agree to be legally bound by these Terms and Conditions of Use, including those terms and conditions incorporated by reference. Please read these Terms and Conditions carefully. If you do not accept these Terms and Conditions, you may not use the Deleuxe Design service. By placing any order with Deleuxe Design you agree to all our terms and it is your responsibility to read our terms. Deleuxe Design may revise these Terms and Conditions at any time by updating this posting. You should visit this web page periodically to review the Terms and Conditions, because they are binding on you. In these Terms and Conditions, all services provided by and related to Deleuxe Design and all text, images, photographs, user interface, “look” and “feel”, data and other content included at https://www.deleuxedesign.com from time to time (including, without limitation, the selection, coordination and arrangement of such content) are sometimes referred to as the “Web Site” and/or “Service”.
You acknowledge and agree that Deleuxe Design shall have the right (but not the obligation) in its sole discretion, to pre-screen, refuse or remove any project and/or user provided content that violates these Terms and Conditions or is otherwise objectionable, including, without limitation, projects or content that is illegal, obscene, indecent, defamatory, incites religious, racial or ethnic hatred, or violates the rights of others. Activity that is brought to our attention which appears in our sole judgment to violate the law will be brought to the attention of the proper authorities. You acknowledge, consent and agree that Deleuxe Design. may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Deleuxe Design its users and the public.
(a) Description. Deleuxe Design Service is an online service where individuals or entities that have signed up with Deleuxe Design as clients (each, a “Client”) can post specific assignments and project descriptions, including illustrative samples or other media (each, a “Creative Brief”), revise those Creative Briefs (each, a “Revision Brief”) and obtain responses (each, a “Response”) to those Creative or Revision Briefs from design experts retained by Deleuxe Design (“Members”). Deleuxe Design will provide you, as the Client, the Service according to the Package you have chosen as detailed in section 1(e) below. Your Responses will be created iteratively through a drafting cycle of Creative Briefs, Revision Briefs and Responses, ultimately resulting in a final Response conforming to your various Creative and Revision Briefs.
(b) Creative Brief and Responses. You are solely responsible for preparing and posting detailed descriptions of each of your Creative Briefs to the Web Site, including providing samples illustrating your Creative Brief and any relevant deadlines. For each Response to a Creative Brief that you want to receive, a term sheet (a “Term Sheet”) will be generated that will contain, and be subject to, the terms and conditions you have established for the Creative or Revision Brief. Deleuxe Design is under no obligation to review a Creative or Revision Brief or Term Sheet for any purpose, including accuracy, completeness of information, quality or clarity. Deleuxe Design may decide, in its sole discretion, to deny a Creative or Revision Brief or a Term Sheet.
(c) Reviewing Responses. When Deleuxe Design provides you with a Response, you are responsible for reviewing the Response. If you fail to promptly inform Deleuxe Design that the Response is not reasonably responsive to the related Term Sheet or Creative Brief, you will be deemed to have accepted the Response. If you notify Deleuxe Design that you think a Response is not reasonably responsive to the related Creative Brief, you shall then submit to the Web Site a Revision Brief containing information regarding amendments or modification to be made to the initial Response. After you provide Deleuxe Design with a Revision Brief, Deleuxe Design will provide you with a subsequent Response that conforms to the additional criteria you requested. Deleuxe Design is not responsible for the content of Responses developed to the extent that such Responses are prepared to conform to your Creative or Revision Briefs.
(d) Revision Cycles. Revision cycles generally consist of unlimited additional compositions that incorporate changes you request in a Revision Brief. The purpose of the revision process is to create Responses that move your project forward in the specific direction you have determined. You may request significant changes in the first and second cycles, and the Responses generated might be quite different in nature from the original composition you selected. By the third revision request, your requests shall be modifications of the current composition only. Revision requests that depart from the then-current composition will be honored and completed in a timely manner, however; Deleuxe Design reserves the right to charge $50 for each such Revision. No revision work, which requires payment, will be started without your authorization.
(e) Packages. You may select from the following Service Packages: logo design packages Logo Startup Design Package | Logo Classic Design Package | Logo Premium Design Package | Logo Unlimited Design Package
(f) Client Accounts. When you register for the Service, you must pay for the Service via credit card, or other payment method authorized by Deleuxe Design. You will be charged for the Package you have selected along with and additional products and/or services you select as add-ons. If you pay by credit card, you will be required to provide a valid credit card number and credit card billing address when registering as a Client. Deleuxe Design will email you a receipt for the transactions in which you are involved. Our fee policy for Clients may change and we may decide to impose additional fees on Clients at any time; however, such additional fees will not apply to projects submitted before Deleuxe Design implements any such change in fees.
(a) Your User Identity. When you register as a Client, you will create a user identity (your “User Identity”), which will be your identity for purposes of interacting with other users through the Web Site. Your User Identity will include certain personal information, such as, the industry in which you operate. However, your user name need not be your real name. During the registration process, the fields requesting information that will be made available to others as part of your User Identity are identified. You are responsible for ensuring that you are comfortable making such information available to other Web Site users.
(b) Access Numbers, Passwords, and Password Access. You shall keep confidential, shall not disseminate, and shall use solely in accordance with these Terms and Conditions, your User Identity, registration identification and password for the Web Site. You shall immediately notify Deleuxe Design if you learn of or suspect: (i) any loss or theft of your User Identity, registration identification or password, or (ii) any unauthorized use of your registration identification or password or of the Web Site. In the event of such loss, theft, or unauthorized use, Deleuxe Design may impose on you, at Deleuxe Design sole discretion, additional security obligations.
(c) Security Breaches and Revision. If any unauthorized person obtains access to the Web Site as a result of any act or omission by you, you shall use your best efforts to ascertain the source and manner of acquisition and shall fully and promptly inform Deleuxe Design You shall otherwise cooperate and assist in any investigation relating to any such unauthorized access.
(a) Creative and Response Briefs. Upon submission of a Creative or Response Brief or any other information or media provided by you in connection with your use of the Service (collectively, the “Client Information”), Deleuxe Design and its agents shall have all rights and licenses necessary to use such Client Information for the purpose of obtaining Responses and for archival purposes. Each Member to whom your project is made available has the right to review and display the relevant Term Sheet for purposes of preparing a Response.
(b) Rights of Deleuxe Design. Upon your submission of Client Information to the Service, you grant Deleuxe Design a royalty-free, perpetual, irrevocable, sub-licensable , exclusive, worldwide right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (in whole or in part), and/or incorporate in other works, in any form, media, or technology now known or later developed, such Client Information, for the full term of any intellectual property rights that may exist in such Client Information to the extent necessary to provide you with the Service and Responses.
Deleuxe Design. intends to use commercially reasonable efforts to follow its privacy policy; as such privacy policy may be changed from time to time at Deleuxe Design ‘ sole discretion. Notwithstanding the foregoing, Deleuxe Design cannot and does not assume any responsibility or liability for any information submitted to the Website or for the use or misuse of any information submitted by you or any other person, including, without limitation, any information accessed by a hacker or by any other malicious website.
(a) Eligibility Requirements. To register as a Client, you must be at least 18 years of age, agree to these Terms and Conditions and Deleuxe Design privacy policy, and complete the registration procedure. By registering as a Client, you represent and warrant that you meet these eligibility requirements, that the information you include as part of the registration process is complete and accurate and, if you are registering on behalf of an entity, that you are authorized to bind that entity to these Terms and Conditions. Deleuxe Design may accept or reject your registration in its sole discretion.
(b) attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Website. (g) Website Security. You are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, (i) accessing data not intended for you or logging into a server or account that you are not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host or network, including, without limitation, by way of submitting a virus to, or overloading, “flooding”, “spamming”, “mail bombing” or “crashing”, the Website;
(c) sending unsolicited email to any user of the Website, including promotions and/or advertising of products or services; or (v) forging any TCP/IP packet header or any part of the header information in any email or posting generated in connection with the Service. Violations of system or network security may result in civil or criminal liability. Deleuxe Design will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. Deleuxe Design reserves the right to review postings on the Website, to remove any postings, and to terminate your ability to communicate with, or post to, the Website at any time without notice, in its sole discretion. Deleuxe Design will use commercially reasonable efforts not to disclose any information you communicate with, or post to, the Web Site, but reserves the right to disclose such information to the extent necessary to satisfy any applicable law, regulation, legal process or governmental request, and the right to edit, refuse to post or to remove any information or materials, in whole or in part.
(d) Operation of Website. Deleuxe Design shall not be responsible for any delays or interruptions of, or errors or omissions contained in, the Website. Deleuxe Design reserves the right, but shall not be required, to correct any such delays, interruptions, errors or omissions. Although Deleuxe Design intends to use commercially reasonable efforts to make the Website and Service accessible, Deleuxe Design makes no representation, warranty or covenant that the Web Site or Service will be available at all times or at any time. Various circumstances may prevent or delay availability, including telecommunications and/or server problems. Deleuxe Design may at any time discontinue the Website in whole or in part, may change or eliminate any transmission method, and may change transmission speeds or other signal characteristics. Deleuxe Design shall not be responsible for any loss, cost, damage or liability that may result from any of the circumstances, actions or inactions described in this paragraph.
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