PLEASE READ THESE TERMS OF SERVICE BEFORE USING DESIGNMANTIC.COM ("SERVICE"). THESE ARE THE TERMS AND CONDITIONS ("Terms") APPLICABLE TO THE PURCHASE AND SALE OF DESIGN RELATED SERVICES AMONG YOU ("Customer", "you" or "your") AND DESIGNMANTIC.COM. BY VISITING AND/OR USING DESIGNMANTIC.COM WEBSITE AND/OR ANY SUB-WEBSITE OF DESIGNMANTIC.COM YOUR USE OF THE SERVICE IS SUBJECT TO THESE TERMS OF SERVICE ("TERMS"). BY ACCESSING THE WEBSITE "DESIGNMANTIC.COM", ORDERING OF PRODUCTS OR SERVICES THROUGH THE WEBSITE, YOU HEREBY AGREE TO COMPLY WITH AND BE LEGALLY BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN.
THE COMPANY RESERVES THE RIGHT TO CHANGE OR MODIFY ANY OF THE TERMS AT ANY TIME AND FROM TIME TO TIME AT ITS SOLE DISCRETION, AND TO DETERMINE WHETHER AND WHEN ANY SUCH CHANGES APPLY TO BOTH EXISTING AND FUTURE CUSTOMERS. THE COMPANY MAY MAKE CHANGES OR MODIFICATIONS TO REFERENCED POLICIES AND GUIDELINES WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE COMPANY´S POSTING OF ANY CHANGES OR MODIFICATIONS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.
a. For do-it-yourself design (including logo, monogram, business cards, social headers, T-shirt designs) by Company, Customer utilizes Company's online tools (“Tool”) to select a design from online library of designs ("Design") and create a unique Customer design. Any text, data, or other information provided by or added by Customer ("Content") to include in the design shall remain the property of the Customer. Subject to Customer's agreement with this Term, Customer obtains a license to use the Company Design as the Customer design. The Company retains all ownership, copyrights and any other rights to the Company Design. Customer is prohibited from selling, assigning, modifying, recreating, or transferring rights to the Company Design.
b. For do-it-yourself website builder ("Website"), DesignMantic.com allows users who register for an account (each an "Account Holder") to use the Service on the website. Once registered, each Account Holder receives his or her own website and may post "Content".
Any new feature on the Service, including the release of new DesignMantic.com tools and resources, shall be subject to these Terms. The Service does not include access to the Internet, either directly or through devices that access web-based content, and/or fees associated with Internet access. The Service may include certain communications from DesignMantic.com, such as service announcements, administrative messages, and/or occasional promotional emails. These communications are considered part of DesignMantic.com’s membership. You may not access the Service by any means other than through the Service interfaces we provide you.
To register as an Account Holder, you must provide us with a valid email address and other information ("Registration Data").You will choose a password and account designation for your Account during the registration process and you will obtain a DesignMantic.com ID. You are responsible for maintaining the confidentiality of the password and Account, and for all activities that occur under your Account. In consideration of use of the Service, you agree to maintain and update true, accurate, current and complete Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if DesignMantic.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Service or any portion thereof.
Use of the Service is void where prohibited. By using the Service, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the DesignMantic.com Service does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are less than 13 years of age.
Minors are not allowed to purchase Premium/Upgraded Services. Accordingly, by purchasing such services the user declares and represents that he/she is more than 18 years of age and that he/she has full legal capacity to complete such contractual action without need for any additional approvals or consents.
If you cancel the Service, your cancellation will take effect immediately. After cancellation, you will no longer have access to your web site and we may delete all information on your web site. We accept no liability for such deleted information or content.
For as long as we continue to offer the Service, we will provide and seek to update, improve and expand the Service. As a result, we allow you to access the Service as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Term. We may modify, replace, refuse access to, suspend or discontinue the Service, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users at our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. We further reserve the right to withhold, remove and or discard any Content available as part of your account, with or without notice if deemed by us to be contrary to this Term. For avoidance of doubt, we have no obligation to store, maintain or provide you a copy of any content that you or others provide when using the Service.
DesignMantic.com reserves the right, at its sole discretion and for any reason whatsoever, to reject, cancel or terminate, permanently or temporarily, your order for any Service offered by DesignMantic.com, your Contract and/or your access to the DesignMantic.com web site, at any time and without prior notice. You agree that DesignMantic.com shall not be liable to you or any third party for any rejection, cancellation or termination of your order, your Contract or your access to the DesignMantic.com web site. In the event that DesignMantic.com rejects, cancels or terminates your Contract or your order for a reason other than your breach or non-performance under your Contract, DesignMantic.com will return any amounts prepaid by you relating to the rejected, canceled or terminated Contract or order.
You are responsible for maintaining the security of your Account and website, for all activities that occur or actions taken under the Account or in connection with the website. You agree to immediately notify us in writing of any unauthorized uses of the Account or any other breaches of security. We will not be liable for any loss or damage from your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will we be liable, in any way, for any or your acts or omissions or those of any third party, including damages of any kind incurred as a result of such acts or omissions.
DesignMantic does not claim ownership of your Content, but you give us your permission to host your Content on the Service. This permission exists only for as long as you continue to use the Service or remain an Account Holder.
All information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials you post on a web site via the Service ("Content") are the sole responsibility of the person from which such Content originated. You are responsible for all Content that you upload, post, transmit or otherwise make available via the Service. We do not control the Content you post via the Service.
By using the Service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will we be liable for your Content or the content of any third party, including, but not limited to, for any errors or omissions in your Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that we do not pre-screen Content, but that we shall have the right (but not the obligation) to refuse, move or delete any Content that is available via the Service. We shall also have the right to remove any Content that violates these Terms or is otherwise objectionable in our sole discretion. You must evaluate, and bear all risks associated with, the use of any Content.
You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property, or personal safety and those of our users and the public.
The technical processing and transmission of the Service, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
a. upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a DesignMantic official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
g. upload, post, or transmit unsolicited commercial email or "spam". This includes unethical marketing, advertising, or any other practice that is in any way connected with "spam", such as (i) sending mass email to recipients who haven't requested email from you or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting your site by posting multiple submissions in public forums that are identical;
h. upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
j. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
k. "stalk" or otherwise harass another;
l. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
m. offer for sale or sell any item, good or service that (i) violates any applicable federal, state, or local law or regulation, (ii) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (iii) we determine, in our sole discretion, is inappropriate for sale through the Service;
n. use the Service as a forwarding service to another web site;
o. solicit a third party’s passwords or personal identifying information for unlawful or phishing purposes;
p. exceed the scope of the Service that you have signed up for; for example, by accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other peoples comments or content; (q) upload, post or otherwise transmit any Content that is intended to take advantage of a user. Such content may include, but is not limited to, "get rich quick", "get paid to surf", pyramid/MLM, or other dubious schemes.
q. include more than three ad units per page, or any advertising that greatly reduces the usability of the site.
r. upload files for the sole purpose of having them hosted by us and for use outside of a website created using the Service.
s. create a website that provides an injurious user experience with custom programming. Examples include, but are not limited to, extreme flashing banners and excessive animated movement.
t. upload, post or otherwise transmit any Content that is adult in nature, such as any nudity in a sexual context, any Content revealing exposed genitalia, or any Content with adult themes.We retain the right to terminate any account or user who has violated any of the above prohibitions.
a. All Company Designs (including logo, monogram, business cards, social headers, t-shirt designs) and Website are priced at the discretion of DesignMantic.com, indicated in My Design section, and may change from time to time at the discretion of Company at any time with or without any prior notification to you.
b. Some of the features on the Service require payment of fees. If you elect to sign up for these features, you shall pay all applicable fees, as described on the Service in connection with such features selected by you.
i) In case you elect to sign up for free 1-month trial web hosting services, a recurring profile will be created, which will be billed every month after the first month.
ii) If you wish to stop using the free trial web hosting service and cancel the recurring charges, notify us 30 days in advance via email firstname.lastname@example.org. Please note, you will be billed for the 30 notice period, and thereafter your recurring profile will be cancelled.
iii) In case monthly web development plan, Customer understands they will be billed monthly for a minimum of 12 months.
c. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment thereof. You agree to pay for any taxes that might be applicable to your use of the Service and payments you make to us.
d. DesignMantic.com online payment services are provided by PayPal.com
All creative design work listed on DesignMantic are produced by the hard work of our skilled in-house graphic designers, the copyrights of which is owned by DesignMantic (licensor).
DesignMantic licenses the creative work to users (licensee) on a non-exclusive basis.
Licensee can use the creative design whichever way they want as long as they pay a licensing fee mentioned at checkout at the time of payment.
If licensee chooses to cancel or refuses to pay the licensing fee, licensee must cease to use the creative work. Continuing to use the creative work without paying the licensing fee results in infringement of DesignMantic's copyrights and is against the law.
Upon completion of Design in accordance with the Terms, Customer shall be able to access and download their design, created by using DesignMantic.com’s tool, in My Design section, where Customer can download the Design, and additional design formats. All downloads are considered acceptance, unless otherwise specified through communication with a representative at DesignMantic.com.
Customer understands that all Company Design and Website sales are final and no refunds shall be issued by DesignMantic.com.
a. In the case of purchased Design, refunds may only be issued where with the Company's exclusive determination: the final artwork has technical issues only either in Company Symbol design or in case of broken text. The Company reserves the right to first exercise resolving the technical issue that may include offline correction of final artwork for customer.
b. In case of subscription of editable design services, you may opt to cancel any time you like. Cancellation shall reflect in the subsequent month’s statement. There shall be no chargeback or refund once fee is charged.
c. In the case of purchased Website, refunds may only be issued, where with Company’s exclusive determination the final Website has technical issues, and not the result of posting of Content that have been prohibited by this Terms, hosting service of third party provider, and/or Internet provider contracted by Customer.
d. In the case of hosting, email and domain purchase, no refunds shall be issued.
e. You may elect to cancel recurring charges for website hosting profile created by using 1-month free trial web hosting services. This will take effect after 30 days of notification email sent to email@example.com . No refunds shall be issued for previous hosting period used or domain purchase.
f. In case of DIY Packages, all purchases are considered final, and no refund shall be issued by DesignMantic.com. The Company retains ownership, copyrights and any other rights for the Designs available in DIY Packages.
g. In case of monthly web development plan, Customer may cancel any time before the expiration of 12 months provided they pay the remaining balance of the 12 months. DesignMantic will provide your website files, if required for transference purposes, for an additional fee.
Some of DesignMantic’s Service are free of cost, and available for use by Account Holders as and when they deem usable. However, DesignMantic at its discretion, at any time, may change its policy, and with reasonable notification and announcement, make the Service chargeable. You are free to discontinue use of the Service, including but not limited to, stop publication of Content you own, and/or created website by using the Service, if you do not agree to this change in Service status.
If you elect to download or access any additional software or third party content made available by us through the Service, you must agree to additional terms and conditions before you use such software or third party content. If you do not agree to the third party’s terms of service or license agreement, do not download the software or content.
Your use of any third party software or content obtained through the Service does not transfer to you any rights, title or interest in or to the third party software or such content beyond the terms contained in the third party provider's terms of service or license.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
The Service may provide, or third parties may provide, links to other web sites or resources. Because DesignMantic.com has no control over such sites and resources, we are not responsible for the availability of such external sites or resources, and we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. We are not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You agree to indemnify and hold DesignMantic.com, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, use of or connection to the Service, violation of these Terms, or violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without our express written permission.
Reselling of any of DesignMantic.com’s Designs from its libraries i.e. logo design, stationery design, t-shirt design, monogram, wedding card, social header etc. is strictly prohibited unless you’re a:
b. Logo designer
c. Logo/Graphic design firm
d. Web design firm
If you are a freelance, logo designer or small graphic & web design firm, you’re bound not to:
e. Declare DesigMantic.com’s design entity(s) by way of your portfolio online unless DesignMantic is duly accredited and acknowledged.
f. Publish design entity(s) online for reselling purposes.
g. Resell the same design(s) to multiple recipients, unless you re-generate the same design using DesignMantic’s online program.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DesignMantic.com OR ANY SUBSIDIARY, AFFILIATE, OFFICER, DIRECTOR, SHAREHOLDER, AGENT, EMPLOYEE OR REPRESENTATIVE THEREOF BE LIABLE TO YOU OR ANY THIRD PARTY MAKING A CLAIM THROUGH YOU FOR ANY PRINTING DAMAGES WHATSOEVER, (to include for example, yet not excluding any other printing issues: color variation, product delivery, pricing, condition of product upon delivery, necessity or quality of printed proofs, typing or content errors) as they may relate to print services that have been fulfilled by vendors or companies outside of and for DesignMantic.com. This includes any vendors that may be listed on DesignMantic.com.com. Color variation from your computer screen (RGB) to printed colors (PMS/Pantone or CMYK) colors can vary significantly. DesignMantic.com highly recommends that you request a printed proof prior to finalizing or approving your print materials with your print vendor. DesignMantic.com provides printing services through third party print partners and as a result DesignMantic.com will not be responsible for providing refunds for designs or printed materials as a result of color variation, printing costs or any other printed expense after you have approved your final design.
All intellectual property of DesignMantic.com and DesignMantic.com including all web site screens and portions thereof, graphics, original text elements, site design, logos, pictures and icons, as well as the selection, format and organization thereof, constitute proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by DesignMantic.com in writing or otherwise required by applicable law, any rent, lease, sale, modification, duplication, distribution, alteration, retransmission or publication of any intellectual property or proprietary information of DesignMantic.com is strictly prohibited. Copyright © 2012-2017 by DesignMantic.com.com, Inc. All rights not expressly granted herein are reserved.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. WE NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. DESIGNMANTIC DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DesignMantic.com OR ANY SUBSIDIARY, AFFILIATE, OFFICER, DIRECTOR, SHAREHOLDER, AGENT, EMPLOYEE OR REPRESENTATIVE THEREOF BE LIABLE TO YOU OR ANY THIRD PARTY MAKING A CLAIM THROUGH YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, ANY OTHER MATTER RELATING TO THE SERVICE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION OR LOSS OF INFORMATION OR THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES), ARISING OUT OF OR RELATED TO YOUR CONTRACT, THESE TERMS AND CONDITIONS, OR THE PRODUCTS OR SERVICES PROVIDED BY DesignMantic.com TO YOU, EVEN IF DesignMantic.com HAS BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY CONTAINED IN YOUR CONTRACT OR THESE TERMS AND CONDITIONS, DesignMantic.com's LIABILITY TO YOU FOR ANY DAMAGES RELATED TO OR ARISING OUT OF THE CONTRACT OR DesignMantic.com's PROVISION OF PRODUCTS OR SERVICES SHALL NOT EXCEED THE AGGREGATE AMOUNT PAID BY YOU TO DesignMantic.com UNDER YOUR CONTRACT OR FOR SUCH PRODUCTS OR SERVICES.
These Terms and Conditions shall be interpreted, construed, governed by and enforced in accordance with the laws. Under no circumstances shall the laws of any other state be applied, even where such a result would be implicated by conflict of law principles. You hereby irrevocably consent to the personal and exclusive jurisdiction and venue of the federal and state courts located in Pennsylvania regarding any and all disputes relating to your Contract or these Terms and Conditions.
These Terms and Conditions, together with your Contract, shall constitute the sole agreement and understanding between you and DesignMantic.com regarding the matters set forth herein, and any and all previous agreements and understandings between or among you and DesignMantic.com regarding the subject matter hereof, whether written or oral, other than your Contract, are superseded by these Terms and Conditions. No agreement or other understanding other than your Contract purporting to modify these Terms shall be binding upon DesignMantic.com unless otherwise agreed to by DesignMantic.com in writing. The failure of DesignMantic.com to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any provision of these Terms and Conditions which is invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining provisions hereof; and any such invalidity or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
Any questions concerning these Terms and Conditions should be directed to:
If you have any questions regarding our Terms and Conditions please feel to contact us via email at firstname.lastname@example.org
You can email us 24/7, 365 at email@example.com. Please specify in the subject line that the email is regarding Terms and Conditions.