617-227-8800 | LOG ON
This Agreement contains all of the terms and conditions ("Terms of Use") between DesignerAccess.com, Inc. ("DesignerAccess") and buyers of design services including Businesses, Individuals, Agencies, SEO Firms or Others ("Members") and individual sellers of design services including Artists, Illustrators, Animators or Others ("Designers"). For the purposes of this Agreement, the "Site" shall mean www.designeraccess.com and any other websites, web pages, mobile applications and mobile websites operated by DesignerAccess.com, and the "Services" shall mean any of the various services that DesignerAccess.com provides through the Site or any other channels, including without limitation, over the telephone. Please read this Agreement before using the Site. Use of the Site constitutes an agreement with the Terms of Use (this "Agreement"), whether or not you register as a user of DesignerAccess ("Registered Users"). By using this Site, Registered Users do hereby represent, warrant, understand, agree to and accept all terms and conditions contained herein. If you object to anything in this Agreement or the DesignerAccess Privacy Policy, do not use the Site.
1. ACCEPTANCE OF TERMS OF USE AGREEMENT. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Site and the Service. This Agreement may be modified by DesignerAccess from time to time, such modifications to be effective upon posting by DesignerAccess on the Site. Your use of the Site or the Service after such posting will constitute acceptance by you of such changes. This Agreement includes the DesignerAccess Privacy Policy. By accessing the Site or becoming a Registered User, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein. In addition, by accessing the Site or becoming a Registered User, you consent to have this Agreement provided to you in electronic form.
2. DESIGNERACCESS IS A VENUE. The Site is a platform for enabling the connection between Members and Designers. DesignerAccess does not take part in the interaction between Members and Designers except to collect payments on the behalf of Members and pay Designers for their services provided through the Site. Members do hereby represent, understand and expressly agree that DesignerAccess does not have control over the quality, timing, legality or any other aspect whatsoever of the services delivered by Designers, nor of the integrity, responsibility or any of the actions whatsoever of the Members. DesignerAccess makes no representations about the suitability, reliability, timeliness, and accuracy of the services provided by Designers or Members through the Site whether in public, private or offline interactions. DesignerAccess liability on fraudulent orders completed by Designers and approved by Members is limited to the base level of pay at the level of job released, removing all complexity and other price modifiers. DesignerAccess does not assume any responsibility for the accuracy or reliability of any information provided by Designers or Members on this Site. DesignerAccess does not assume and expressly disclaims any liability that may result from the use of this information. DesignerAccess is not responsible for the conduct, whether online or offline, of any Registered User. All Registered Users do hereby expressly agree not to hold DesignerAccess (or DesignerAccess' officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers or employees) liable for any instruction, advice or services delivered which originated through the Site and DesignerAccess expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.
3. ELIGIBILITY. By using the Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Our services are available only to individuals and companies that can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors under the age of eighteen (18). Any misstatements and/or misrepresentations regarding the age and/or experience of any Designer or any other users of this Site are not the responsibility of DesignerAccess. DesignerAccess does hereby disclaim any liability whatsoever for any misstatements and/or misrepresentations made by any Designers and/or other users of this Site. Users do hereby represent, understand and agree to hold DesignerAccess harmless for any misstatements and/or misrepresentations made by any users of this Site. Misstatements and/or misrepresentations are grounds for immediate termination of your use of the Site.
4. MEMBERSHIP FEE. Members pay a monthly or annual fee ("Subscription Fee") to access the DesignerAccess platform that manages the buy-sell writing services. Members pay Subscription Fees as a separate fee from the purchase of design services. Member fees may vary from time to time, subject to additional fees, terms and conditions, which will be separately disclosed on the website on the Legal page. Subscription Fees will be charged to credit cards at the beginning of your subscription and each subsequent month or year from your sign up date or renewal period based on your chosen subscription interval. All Subscription Fees are nonrefundable, excepting the Risk-Free Trial offer for Basic, Pro for Business and Pro for Agencies subscriptions, which offer a full refund of the first Subscription Fee within 30 days of charge on your credit card. The Subscription Fee for the Managed Service subscription is not refundable. We may change the fees and charges currently in effect, or add new fees or charges, by giving you notice in advance. If you want to use a different credit card or there is a change in credit card validity or expiration date, you can make changes via the Site or by telephone or Live Chat with our service representatives. If you believe someone has accessed the Service using your user name and password without your authorization, you must contact support via telephone, Live Chat, or email. You are responsible for any fees or charges incurred to access the Site through an Internet access provider or other third-party service. DesignerAccess, in its sole judgment, may elect to refund partial or complete fees and payments for a Member. Partial or complete refunds do not void any terms of this agreement.
5. DESIGN SERVICES. Members are required to make escrow deposits for design services separate from any Subscription Fee. If you are not delighted with design service provided by any Designer, you may request an unlimited number of revisions. If you are not delighted with the revisions, you may select another Designer to complete the project to your specifications. Should you choose not to use the DesignerAccess service within 30 days of any deposit, you may request a refund of any unused portion of that deposit, less a 10% processing fee. After 30 days, you may not request a refund, but your balance shall remain available for further purchase of services at DesignerAccess for at least 12 months. If your account is inactive for 6 months from the date of deposit, we will notify you by email requesting you make use of your account by making a deposit or placing an order. If your account is still inactive after 11 months, we will notify you again requesting you make use of your account balance within 30 days from email notification. After 12 months, your account will become inactive, and you will forfeit any account balance you may have.
6. RELEASE. Members may seek the services of a Designer through the use of the Site and Designers may submit proposals to Members regarding their services. Once a Member has accepted the terms of the service and payment from the Designer and the Designer has accepted the terms of the payment from the Member, a binding contract is formed between the Member and the Designer (collectively, "Orders"). If there are any issues concerning the service received by the Member or payment due to the Designer, Members must deal directly with Designers and vice/versa to resolve any disputes. DesignerAccess will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. By using this Site, you do hereby represent, understand, and expressly agree to hold DesignerAccess harmless for any claim or controversy that may arise from any disputes between you and any other user(s) of the Site. DesignerAccess will use its reasonable efforts to monitor Designer and Member profiles, actions, comments, and general usage of the Site and suspend privileges to any Member or Designer not adhering to the policies of the Site. By using this Site, you do hereby agree to report any alleged improprieties of any users therein to DesignerAccess immediately by notifying DesignerAccess of the same via electronic correspondence.
7. EXCLUSIVE USE. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity.
8. INFORMATION PROVIDED BY USERS. You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site. DesignerAccess is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.
You are solely responsible for any content, messages, photos, videos, reviews or profiles (collectively, "Content") that you publish or display (hereinafter, "post") on the Site, or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to DesignerAccess or to any other user of the Site. You will not solicit Designers to produce content for academic purposes or for credit in an academic institution.
You understand and agree that DesignerAccess may review and delete any Content, in each case in whole or in part, that in the sole judgment of DesignerAccess violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site.
By posting Content to any public or private area of the Site you automatically grant, and you represent and warrant that you have the right to grant, to DesignerAccess, its affiliates, partners, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. By placing Orders, Members grant to DesignerAccess, its affiliates, partners, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to store, use, copy, scan, and analyze purchased content, and distribute and publish for public display anonymized results of such analysis, including but not limited to performance ranking, star rating, and originality verification. You further represent and warrant that public posting and use of your Content by DesignerAccess will not infringe or violate the rights of any third party.
Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
Opinions, advice, statements, offers, or other information or content made available on the Site or through the Service, but not directly by DesignerAccess, are those of their respective authors. Such authors are solely responsible for such content. DesignerAccess does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will DesignerAccess or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service.
9. CONFIDENTIAL INFORMATION. Designers agree that, except as expressly authorized in writing by Member, Designer (a) will not use or permit the use of Confidential Information (as defined below) in any manner or for any purpose not expressly set forth in these Terms; (b) will not disclose or publish any Confidential Information to any third party without first obtaining Member's express written consent on a case-by-case basis; and (c) will limit access to Confidential Information to personnel who need to know such information in connection with their work for Member.
"Confidential Information" means all information related to Member's business and its actual or anticipated research and development or related to an Order delivered or agreed to be delivered from Designer to Member, including without limitation (i) trade secrets, inventions, ideas, processes, computer source and object code, formulae, data, programs, other works of authorship, know-how, improvements, discoveries, developments, designs, and techniques; (ii) information regarding products or plans for research and development, marketing and business plans, budgets, financial statements, contracts, prices, suppliers, and customers; and (iii) information designated by Member, in writing, as Confidential Information. Notwithstanding the foregoing, it is understood that Designer is free to use information that is generally known in the trade or industry, information that is not gained as a result of a breach of these Terms, and Designer's own skill, knowledge, know-how, and experience. Confidential Information shall not include information that was known to Designer prior to Member's disclosure hereunder or that becomes publicly available through no fault of Designer.
10. CONTACT RESTRICTIONS. Registered Users agree not to share contact information or communicate outside of the DesignerAccess platform. Registered Users agree that no correspondence, message, order descriptions or communication will offer personal or professional email addresses, phone numbers, first name and last name, links or references to websites or any such information that would facilitate direct communication of Designers and Members outside of the DesignerAccess platform. You agree that all communication regarding orders, questions, correspondence and any such communication shall solely use the DesignerAccess platform for such communication. Any violation of these restrictions and terms may result in immediate termination of membership and may be subject to damage claims for services performed outside of the DesignerAccess platform. You agree to notify DesignerAccess with any alleged improprieties from any Registered User.
11. ORDERS. Members agree to place orders using the navigational features and instructions available on the site, including submission of specific requirements, restrictions, terms, specification, topic selection and any additional requirements. Members have no right or claim for incomplete orders or assignments not picked up or not completed by a Designer. You may place direct orders to a Designer or group of Designers you select. An order sent to a group of Designers is first-come, first-serve, and may only be completed by a single Designer. Orders may not infringe on the rights of any third party, in particular copyrights, moral rights, trademarks or service marks. You may not submit orders that are pornographic, obscene, slanderous, libelous or in any way degrading to human nature.
Member agrees to approve or reject each Order within 120 hours of email approval notification. Failure to approve or reject an Order within 120 hours will irrevocably deem the content approved by the Member and debit the Member's account escrow balance accordingly. Member agrees to document detailed reasons for rejection of any Order submitted for approval. Member agrees to not use any content from a rejected Order for any reason. Rejections will only be accepted if a.) the content fails to deliver on the assignment requirements and terms of the original order AND b.) Member specifically describes why these specifications, requirements and/or terms have not been met AND c.) the Designer does not correct and/or improve the content according to the original requirements and terms after such a revision request. Failure of the Designer to make improvements to satisfaction within 36 hours, or the order's original deadline, will result in automatic rejection. You agree that DesignerAccess has the final acceptance of content revision submitted for approval.
12. CONTENT OWNERSHIP. Content created by Designers are works made for hire. According the Copyright law of the United States, and certain other copyright jurisdictions, if a work is "made for hire", the Member, not the Designer, is considered the legal creator. The Designer may or may not be publicly credited for the work. You shall maintain worldwide, perpetual, irrevocable, and transferable license for any content that you approve on the platform. For such content, Designer grants and licenses to the Member the sole and exclusive right to publish, perform, display, reproduce, distribute, create derivative works and sell the delivered and approved content in any type of media, including, but not limited to, print and/or online media and all electronic, online, or any other media throughout the world.
13. ORDER DISPUTES. If there is any dispute arising from Orders not completed to Member's specification, after at least one revision request, Member expressly agrees that any such dispute shall be resolved by DesignerAccess. Dispute resolution shall be administered within 2 working days and shall include review of original order specification, revision requests and quality of work submitted by Designer. Resolutions may include, but not be limited to, replacing the Designer assigned to the order, editing the order to specification for no additional charge, or canceling the order and restoring to the Member's account balance the funds held for the Order.
14. PRIVACY. DesignerAccess will only use the information you provide on the Site in accordance with our Privacy Policy. For more information, see our full Privacy Policy.
15. LINKS TO EXTERNAL SITES. Links from the Site to external sites (including external sites that are framed by DesignerAccess) or inclusion of advertisements do not constitute an endorsement by DesignerAccess of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for users' reference and convenience. Users access them at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. DesignerAccess does not control such sites, and is not responsible for their content. Just because DesignerAccess has hyperlinks to such sites does not mean that DesignerAccess endorses any of the material on such sites, or has any association with their operators. Users further acknowledge that use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by DesignerAccess' Terms of Use and Privacy Policy. DesignerAccess expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Site. All users hereby agree to hold DesignerAccess harmless from any liability that may result from the use of links that may appear on the Site.
16. COPPA COMPLIANCE. DesignerAccess is intended for people 18 or over. DesignerAccess will not knowingly collect any information from children under 13. DesignerAccess takes the Children's Online Privacy Protection Act of 1998 (COPPA) as well as all FTC regulations very seriously. That being said, we do not assume any responsibility for any misrepresentations regarding your age or parental consent when using this Site. Should we determine that you provided any false information to us when using this Site, your membership will be terminated immediately.
17. PROHIBITED USE. The Site and related services may not be used by any person or organization to recruit, solicit, or contact in any form Members or Designers for employment or contracting for a business not affiliated with DesignerAccess without express written permission from DesignerAccess. Should DesignerAccess find that you violated the terms of this paragraph or any terms stated herein, DesignerAccess reserves the right, at its sole discretion, to immediately terminate your use of the Site and/or assess a $10,000 daily penalty fee for scraping, either in a manual or automatic manner, Designer or Member information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise mis-using or mis-appropriating site content, including but not limited to, use on a "mirrored", competitive, or third party site.
Although DesignerAccess cannot monitor the conduct of its users off the Site, it is also a violation of these rules to use any information obtained from the Site or the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of emails which a user may send to other users in any 24-hour period to a number which we deem appropriate in our sole discretion.
In order to protect the integrity of the Site and the Service, DesignerAccess reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.
18. NO WARRANTY. The information and materials contained in this website, including text, graphics, information, links or other items are provided "as is", "as available". DESIGNERACCESS DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIALS.
19. LIMITATION OF LIABILITY. In no event will DesignerAccess be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this Site, any information received from the Site, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if DesignerAccess, or representatives thereof, are advised of the possibility of such damages, losses or expenses.
DesignerAccess is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Site and/or in connection with the Service. Under no circumstances will DesignerAccess or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Site or the Service, any Content posted on the Site or transmitted to Members, or any interactions between users of the Site, whether online or offline. The Site and the Service are provided "AS-IS" and DESIGNERACCESS EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. DesignerAccess cannot guarantee and does not promise any specific results from use of the Site and/or the Service.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. DesignerAccess makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
20. INDEMNIFICATION. By agreeing to the terms of this Agreement, users of the Site agree to indemnify, defend and hold harmless DesignerAccess, its directors, officers, employees, agents, investors, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates (collectively referred to herein as "DesignerAccess and Affiliates") from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred by DesignerAccess and Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Site, or (ii) use of the Site by you in violation of these Terms of Use or in violation of any applicable law. Users further agree that they will cooperate as reasonably required in the defense of such claims. DesignerAccess and Affiliates reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or matter without the written consent of DesignerAccess. Users further agree to hold harmless DesignerAccess and Affiliates from any claim arising from a third party's use of information or materials of any kind that users post to the Site.
21. NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT. If you believe any materials accessible on or from Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting DesignerAccess' copyright agent (identified below) and providing the following information:
Send the all of the above to the DesignerAccess agent for copyright issues in the Contact Information below.
In an effort to protect the rights of copyright owners, DesignerAccess maintains a policy for the termination, in appropriate circumstances, of Members and other users of this Site who are repeat infringers.
22. NOTICE OF TRADEMARK RIGHTS. The service marks and trademarks DesignerAccess and the DesignerAccess logo are service marks owned by DesignerAccess. Any other trademarks, service marks, logos and/or trade names appearing on the Site are the property of their respective owners. Users acknowledge the rights of DesignerAccess and the respective third parties in those marks. Users may not copy or use any of these marks, logos or trade names without the prior written permission of the owner as expressly allowed by these Terms of Use.
23. JURISDICTION AND CHOICE OF LAW. If there is any dispute arising out of the Site and/or the Service, by using the Site, you expressly agree that any such dispute shall be governed by the laws of the State of Massachusetts, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Massachusetts, Suffolk County, for the resolution of any such dispute.
24. MISCELLANEOUS. Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
25. CONTACT INFORMATION. If you have any questions or need further information as to the Site or Service provided by DesignerAccess, or need to notify DesignerAccess as to any matters relating to the Site or Service please contact DesignerAccess at:
Legal Department
DesignerAccess.com, Inc.
205 Portland St, Suite 500
Boston, MA 02114 USA