Terms

Terms of Use

Last updated: January 30, 2015

These Terms of Use are a binding agreement between you and DesignTasker (“we”, “us” or “our”), applicable when you use our site, services, products, and content provided by DesignTasker (“Services”). Please read these Terms of Use carefully before you use our Services.

By registering for and/or using the Services, you agree to these Terms of Use and all other policies and operating rules that may be published on our site, each of which may be updated without notice to you. If you don’t agree to these Terms of Use, please don’t use our Services.

Service

DesignTasker is an online service where users (Customers) can submit graphic design tasks (Tasks) to be completed for a fee. A Task is a separate design project with a clearly stated objective, a set of requirements and a proposed time frame. For example, a Task might be a request to update an artwork based on submitted requirements, to create a clipping path of an object in a photo or to redesign a website.

Once a Task is submitted, a dedicated Project Manager will contact a Customer with details on time period for completion and amounts to be paid for the Task (“Order Payment”). After details are approved by A Customer, Customer must make the Order Payment to us before the Task will be posted on the Services; thereafter, once an Order is placed Designers will be notified to proceed.

Once the applicable Task’s Deliverables are submitted to the Customer, the Customer will have a choice to reasonably approve or request a revision. If a revision is reasonably requested it will go back to the Designer to resubmit the Deliverables.

A Task is complete only when a Customer accepts the applicable Task’s Deliverables, in its discretion. Any rights of ownership or use of the Deliverables is only transferred to the Customer when the Task is complete.

Content

Each Task should consist of (A) a detailed description of the Task and (B) electronic files, if any, required to complete the Task (“User Content”). By submitting a Task to DesignTasker, 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.

By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services.

Delivery

When a Task is complete, the Customer will receive an email from us with the contents of the Delivery attached or available via a download link. A Delivery is considered approved by the Customer (i) when the Customer advises us in writing, or (ii) if it is not declined by the Customer within 10 days after notification of the Delivery.

When a Delivery is approved, DesignTasker will deliver all requested files. DesignTasker will retain archival copies of all Delivery Files that we have created and will retain the right to use such Delivery Files in connection with our site and business, including for promoting our site in any media format and through any media channel.

If a Customer is not satisfied with the Delivery, the Customer may decline the Delivery and it will be returned to the Designer for revision. The Designer will attempt to make modifications to make the Task Delivery fit Customer’s reasonable expectations. Project manager will resubmit the revised Delivery within 3 business days. A revised Delivery that is not declined by Customer within 10 days after being resubmitted will be considered accepted by Customer.

If DesignTasker 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 DesignTasker resulting in the need for multiple edits, the Customer will be deemed to have accepted the Delivery.

Rules of Conduct

You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, including without limitation any User Content, that:
∙ infringes any third party right or violates any law or contractual duty (see our DMCA Copyright Policy below);
∙ you know is false, misleading, untruthful, unlawful, or is otherwise inappropriate as determined by us in our sole discretion;
∙ constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
∙ contains software viruses or any other harmful computer codes, files, or programs;
∙ includes anyone’s identification documents or sensitive financial information; or otherwise interferes with the Services.

Respect the copyrights and trademarks of others. Unless you are authorized to use someone else’s copyrighted or trademarked work (either expressly or by legal exceptions and limitations like fair use), don’t do it. It is our policy to respond to notices of alleged copyright infringement as per our Terms of Service and the Digital Millennium Copyright Act.

If you violate these rules, your account may be suspended. We do our best to act fairly, but we always reserve the right to suspend accounts or remove content, without notice, for any reason, but particularly to protect our services, infrastructure, users, or community. We reserve the right to terminate or suspend any and all Services and/or your DesignTasker 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 immediately cease. 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.

DMCA copyright policy

DesignTasker deals with copyright infringement on DesignTasker Services in accordance with the Digital Millennium Copyright Act. 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 authorization, you may submit a DCMA takedown notice to us at info@designtasker.com. Only the copyright owner, or an agent authorized to act on the owner’s behalf, may submit such a notice.

Limitation of Liability

In no event shall we be liable to you or any third party for any lost profits, data loss or any damages arising from or relating to this Agreement. Your use of the www.designtasker.com and our Services are at your own discretion and risk. Our liability to you for any damages arising from or related to this Agreement, will at all times be limited to the amounts you have paid to us in the prior 12 months (if any). The existence of more than one claim will not enlarge this limit.

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; (C) 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.

We’d love to hear your questions, concerns, and feedback about this policy. If you have any suggestions for us, feel free to let us know at info@designtasker.com.