GENERAL TERMS & CONDITIONS OF USE
Designira is an online platform for design works, where designers and customers from around the globe can collaborate together to produce designs related to the customers work/business.
1.1.Member/User: is any natural person or legal entity that has registered to Designira platform. As part of the registration process, the person concerned must indicate whether the registration is being made on his own behalf or as a representative of a legal entity. If the person performing registration is acting on behalf of a legal entity, that person must guarantee that he is authorized to represent the legal entity. If registration is performed on behalf of a legal entity, the person performing registration - as well as the legal entity he/she is representing - is considered to be “members” according to this agreement.
1.2.Designer:is any natural person or legal entity that creates a “designer” profile on Designira with the aim to provide their services to the users of the platform. Being a designer on the platform means that Designira team has reviewed their portfolio and quality of work before giving the approval to publish the profile on the platform to start providing the service.
1.3.Customer:is any natural person or legal entity that creates an account on Designira with the aim of benefiting from the designers’ services and purchasing design items from the platform.
2. REGISTRATION AND CONCLUSION OF THE MEMBER/USER AGREEMENT
2.1. Underage persons or other persons without the legal capacity, or with restricted legal capacity, to enter into a contract are not allowed to register to use the platform without the consent of their legal representative(s).
2.3. Designira reserves the right to decline a member’s registration without giving any reason.
2.4. In any event, the member is obliged to provide truthful and, where the data in question is mandatory, complete details for the information required during registration. In particular, the member is not permitted to enter details of third parties. Designira reserves the right to demand proof of the member’s identity and of the authenticity of the details provided in the course of registration. Furthermore, Designira also reserves the right to verify the member’s identity by reading out technical information (such as IP address, etc.) or through the use of other technical means. After registration, the member/user must update any details supplied in his member/user account should these change. Multiple registrations under different member/user names are not permitted.
2.5. The member/user specifies a username and password (hereinafter referred to as “login data”) in the course of registration. The member/user must keep the login data secret and store them safely from access by unauthorized third parties. It is not permitted to disclose these details to third parties, including other members/users. If the member/user loses the login data, or if he discovers or suspects that the login data are being used by an unauthorized third party, he/she must report this to Designira platform immediately.
3. RIGHT OF CANCELATION
Members/users have the right of cancelation to remove their own accounts and designs/ideas from the platform anytime they want.
Designira or other external companies/members regularly post new design projects where designers on the platform may apply and execute, and accordingly gain money from their work.
Designira and the project’s client reserve the right to terminate project prematurely or extend it without disclosing reasons. Designira and the project’s client reserve the right to restrict access to particular projects to specific members/users or member/user groups and to make participation subject to special terms. Designira may introduce ‘Public’ or ‘Private’ corresponding categories for this purpose.
In addition, the following terms apply to projects:
4.1. PLACING & EVALUATING DESIGNS
4.1.1. The client decides whether the provided design meets his/her initial requirements.
4.1.2. Experts from Designira may also provide inputs independently of the client where this is expressly disclosed in the briefing or other declarations on the platform.
4.2.1. Designira will effect payment via PayPal.
4.2.2. Designira reserves the right to perform a check on the identity of the member and verification of the member’s PayPal account before transferring the payment. The member undertakes to collaborate with verification in a suitable manner. Designira is entitled to refuse to disburse the payment if the member fails to cooperate in the appropriate manner.
5. UPLOADING DESIGN/IDEA WORK TO A MEMBER’S PROFILE
5.1. The member/user can present himself/herself and his/her talent to the general public and the community in the member profile on the platform. To this end, he/she can upload digital design/ideas works, in particular pictures, video and audio files in popular formats, to his/her member/user profile. Designira reserves the right to reject or to delete the design/idea work uploaded to the member’s/user’s profile without giving any reason.
5.2. Members uploading a design/idea work to their member/user profile grant to Designira non-exclusive transferable rights, without restriction on time, space or content, to use the content to the extent required for the operation of the platform. In particular, the member/user grants to Designira the right to hold the design work on the platform for downloading by third parties (making them available to the public) and to make any copies necessary for this purpose. The member/user also grants to Designira the right to edit the works in question in order to present them more favorably on the website.
5.3. In some circumstances, a member/user wishing to participate in private projects have to submit design/idea works to request access.
5.4. The provisions in section 10 apply accordingly to the member’s design/idea works.
6. RIGHTS OF USE
6.1. Granting Rights of Use to Designira through Participation in a Project or Submission of a Design/Idea
Even when participating in a project or submitting a design/idea, the member/user still retains the right, without restriction on content, time or space, to use his/her own design for the purpose of self-promotion, provided he/she observes the rights of third parties, in particular those of the client. Designira wishes to point out explicitly that participation in a project and/or submission of a design/idea does not give the member/user any right to use material that was not created by him/her. In particular, participation in the project does not give the member/user any right to use the logo or other materials belonging to the project client or to third parties.
By submitting a design/idea in a project, the member/user grants to Designira and to the client as organizer of the project the rights of use listed in section 6. The member/user undertakes, for a period of six months following submission of the design/idea, not to exploit this design/idea in other ways, or to cede or offer it to any third party.
6.1.1. A member/user placing a design/idea in a project grants to Designira non-exclusive transferable rights, without restriction on time, space or content, to use the design, including associated creative works and any comments submitted therewith, to the extent required for the operation of the platform. In particular, the member/user grants to Designira the right to every comment and/or design/idea and the associated works on the platform for downloading by third parties and to make any copies necessary for this purpose. The member/user also grants to Designira the right to edit the works in question in order to present them more favorably on the website or any promotion for the platform as well.
6.1.2. In addition, the member/user grants to Designira the right to make the comment and/or design/idea and the associated works publicly accessible for the purpose of presentation beyond the limits of the project, for example in the Designira newsletter or in its blog, and to edit them, in particular to create and present summaries or individual pictures of designs, videos and texts, (‘thumbnails’), etc.
6.1.3. Furthermore, the member/user grants to Designira the non-exclusive right, without restriction on content, time or space, to use the designs/ideas and associated works in any medium for the purpose of communicating and promoting the project and/or designs/ideas submitted to the project. To this end, Designira may reproduce the ideas and associated works, distribute, edit, rearrange them, make them publicly accessible, broadcast and publicly play them in other ways, whereby this includes, in particular, making them available or broadcasting them by transmitting the content to fixed or mobile terminal devices of other members/users as part of automated subscription services (push services) or download services (pull services) (e.g. by podcast, RSS feed, Atom feed, XML interface or other technologies). The parties to this agreement consider the right of public reproduction also to include, in particular, the right to render the design/idea and associated works on the website using methods to play back audio and video data that can be received and simultaneously played by members/users (streaming), including the possibility of configuring the stream in such a way that the broadcast data can be stored by the recipient. In order to document the project and/or to promote the platform, Designira may in particular include the member’s/user’s design/idea, alone or together with the designs/ideas of other members/users, in a catalog of designs/ideas, which will be made available to the customer on conclusion of a project, and which it may reproduce as a different form of print publication and distribute (together as poster), where this serves as an appropriate form of publication for the platform, present at trade fairs (in particular in the form of banners, posters, video clips), make accessible as “the best” on the platform, also in conjunction with other projects, or make generally publicly available, include in press releases or make available to third parties in the course of normal public relations work (for example for external press reports in journals).
6.1.4. In order to secure the greatest possible level of awareness and reach for the member’s/user’s designs/ideas, the member/user additionally grants to Designira the right to publish the member’s/user’s rights, and/or to have them published, on the websites of external providers, to make the reproductions required for this and to transfer the individual works (i.e. the corresponding files) to the relevant third party, and/or to grant these providers technical access to the designs for the above-mentioned purposes, including the right to reproduce the designs for inclusion in their own websites. In order to achieve the aims mentioned in this sub-section, Designira may use commonly available technical methods (e.g. embedded functions). The member/user therefore consents to the relevant third-party provider accepting the works in question and also publishing them.
6.1.5. The member/user will receive no monetary recompense for granting the aforementioned rights of use to Designira. In return for being granted the rights, Designira presents the member’s/user’s design/idea on the platform and gives him/her the opportunity to sell his designs/ideas to third parties or to Designira and to participate with his/her designs/ideas in projects. The parties regard this return service as appropriate recompense.
6.1.6. Designira endeavors wherever possible to allow the member/user every freedom to exploit his/her designs/ideas in relation to third parties. Within the scope of projects, the member/user may, where applicable, have the opportunity to subject his/her design/idea to open content licensing terms (such as Creative Commons licensing). Whether this is the case for the content in question (including the associated details), it will be specified in the relevant briefing.
6.1.7. Designira reserves the right to display third-party advertising in members/users profiles and to reserve advertising space on the profile pages for this purpose.
6.1.8. Notwithstanding the opportunity to present his/her own designs/ideas and the associated self-promotion this provides, the member/user may not use the member/user profile to advertise his/her own commercial offering (in the form of price lists, etc.). Any advertising for third-party offerings is forbidden.
6.2. Granting of Rights of Use to the Client/Design Customers by Participating in a Project or Submitting a Design/Idea
6.2.1. By participating in a project, the member/user grants to the project’s client or the design/idea customer the non-exclusive right of use, without restriction on content, time or space, to present the design/idea or work as such outside of design/advertising campaigns or in order to promote the project, in any medium, whereby Designira explicitly requires the original author to be named. Moreover, the member/user grants to the client the right to use the designs/ideas and works for the purpose of internal and external market research and for preparing the purchase of the exclusive rights of use to the designs/ideas and works. This requires restrictions on the distribution of, and public accessibility to, the designs/ideas and works.
6.2.2. The rights to the use of the member’s/user’s designs and works for communication/advertising campaigns are governed by section 6.1 and the framework contract for work which is then concluded between Designira and the member/user.
6.3. In technical terms, the platform is a user-friendly system with a large number of links. Member/User content builds on from different member/user content and is cross-linked with it in many ways, etc. In addition, as a platform for creative services, the platform must provide a high degree of transparency and traceability – also covering the possibility of investigating or searching through events set in the past. The granting of rights of use in accordance with this section 6 is therefore irrevocable and extends beyond any end date of the member/user agreement. Content submitted by the member/user to the platform can therefore remain accessible on the platform even after this member/user agreement terminates or the member/user is no longer a member/user of the platform for other reasons.
7. IMPERMISSIBLE CONTENT
7.1. The member/user assures Designira that he/she will not submit to the platform any illegal or other impermissible content in accordance with this clause, nor will he/she offer such content, make such content accessible or advertise it.
The applies in particular to content (especially graphics, videos, photographs, pieces of music and text):
· Which contravenes the provisions of the International criminal code or other criminal norms and/or represents means of propaganda,
· Which challenges the free democratic basic order or the concept of international understanding,
· Which incites hate against sections of the population or against a specific national, racial, religious or ethnic group, which advocates violence or arbitrary acts against them, which attacks the dignity of others by insulting, maliciously offending or defaming sections of the population or any of the aforementioned groups or which depicts cruel or otherwise brutal violence against humans in any way,
· Which glorifies or trivializes such acts of violence or which portrays the cruelty or brutality of an action in a manner that violates human dignity; this also applies to virtual representations that glorify war, violate human dignity, in particular through the portrayal of people dying or who are or have been exposed to extreme physical or mental suffering, while reporting actual facts without any justified public interest in such form of representation or reporting being given; any agreement granted is irrelevant,
· Which portrays children or young people in unnatural and blatantly sexual positions, which is pornographic or which depicts violence, the sexual abuse of children or young people or sexual acts between humans and animals.
· Which in any other way is pornographic and/or is clearly likely to seriously endanger the development of children and young people or their upbringing to become independent and active members of society, taking into account the specific effect of the medium of transmission.
The member/user must notify Designira of any content which is likely to pose a risk to the development of children and young people or their upbringing to become independent and active members of society.
7.2. All the above provisions also apply to virtual representations.
7.3. In particular, content that is insulting, defamatory or is any other way derogatory is also illegal.
7.4. Content is also prohibited which infringes the right to the protection of personal privacy and the right to one’s own image, since it infringes the rights of third parties. The member/user must, in particular, guarantee that photographs, graphics and videos submitted only depict persons who consent to the publication of their image on platforms such as Designira.com and to its further use by a company, above all in advertising communication. It is immaterial in this context whether the works involve only a person who is incidental to the subject, i.e. is in the background of the main motif of the image, photograph or video, largely escapes the attention of the viewer and has no influence on the subject of the work. The consent of the appropriate legal representative must be obtained if the person depicted has no full legal capacity.
7.5. Content is also prohibited whose use on the platform or by third parties, in particular clients, would infringe rights relating to copyright, design, performance protection rights and trademarks of third parties.
7.6. Furthermore, the member/user is not allowed to set hyperlinks in his/her member profile that reference offerings of third parties when the websites concerned include content that is covered by the above provisions.
7.7. Content that infringes the above provisions, or any other objectionable content, may be reported to Designira using a procedure intended for this purpose.
8. VIRUSES, ETC.
It is forbidden to upload viruses, Trojans, corresponding scripts and programs and similar harmful code to the platform. The same applies to denial-of-service and similar attacks like hacking on the platform and/or individual member profiles.
9. RATING AND COMMENTING ON OTHER MEMBERS’/USERS’ IDEAS
9.1. Under certain circumstances, members/users may rate and comment upon the designs/ideas and associated works of other members/users in the course of a project.
9.2. Ratings and comments are publicly accessible (for public project).
9.3. Ratings are processed using a 5 stars rating via unique logged in user system (only 1 rating per idea by user).
9.4. Ratings can’t be changed once user clicks the 5 stars rating system (be aware of this when you rate ideas).
10. MEMBER’S/USER’S GUARANTEE, INDEMNITY
10.1. The member/user guarantees that he/she has developed all designs/ideas, and works associated with the designs/ideas together with the individual elements, himself/herself, and that he/she is the owner of all rights that are necessary in order to grant the rights of use in accordance with section 6 and to meet any other applicable conditions. The member/user also guarantees that his designs/ideas and associated works are free of any third-party rights.
10.2. In the event that claims are asserted against Designira by third parties, the member/user will indemnify Designira from any liability and costs, including any costs of legal proceedings.
10.3. The same applies in the event of claims asserted by third parties when the member/user culpably infringes legal positions of third parties, in particular trademark rights or personal rights, or other legal provisions (such as prohibitions contained in the international copyrights laws through the subject of the content, irrespective of the copyright thereto.
11. DESIGNIRA LIABILITY
Designira is liable in accordance with legal provisions subject to the following restrictions:
11.1. Designira will not be liable for damage suffered by the member/user as a result of the loss of data where the damage would have been avoided through a regular and complete backup of all relevant data by the member/user.
11.2. In the event of slightly negligent actions or omissions, liability on the part of Designira is excluded for damage which is not normally associated with this type of agreement or which was unforeseen, unless injury to life, body or health is involved.
13. TERM AND TERMINATION OF THE MEMBER AGREEMENT
13.2. They can be terminated by the member/user at any time with a period of notice of two weeks. The two-week period of notice also applies to Designira. However, Designira will not give normal notice of termination of a member/user account where the member/user concerned is currently participating in a project.
13.4. In the event that a member/user account is disabled or Designira terminates the agreement for an important reason, the member/user concerned is prohibited from re-registering for the platform and opening a new account subject to the express prior consent of Designira.
14. DATA PROTECTION
All data is protected by Designira and will not be shared or sold to any third party. It’s totally private, confidential and is safely protected within the platform operator.
16. FINAL PROVISIONS