Designer Confessions Intellectual Property Rights
Everything that isn’t submitted by a user belongs to us.
The content on the Website, except all User Designs (defined below), are owned by and are licensed to Designer Confessions. This includes, without limitation, the text, graphics, and photos created by and for the Designer Confessions, interactive features (“Content”) and trademarks, service marks, and logos contained on our Website (“Marks”), subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Content on our Website is provided to you AS IS, for your information, and personal use only. Our Content may not be used, manipulated, copied, reproduced, transmitted, distributed, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever. If you would like to use this Content in the ways listed within this section of the Terms of Service, Designer Confessions must approve this use in writing or permission must be expressly granted in these Terms of Service. Designer Confessions reserves all rights not expressly granted in and to the Website and the Content contained within.
By using this Website, you promise Designer Confessions that you will not use, copy or distribute any of the Content other than expressly specified and permitted in these Terms of Service. This includes any use, copying, or distribution of User Designs (as defined below) of third parties obtained through the Website for any commercial purpose. If you download or print any of the Content for personal use, you must keep all copyright information, notices, and proprietary information attached to this Content. You additionally promise that you will not circumvent, disable, or otherwise interfere with security related features of the Website or features that prevent or restrict the use of copying of any Content or enforce limitations on this Website or the content within.
Designer Confessions Intellectual Property Rights
Do you see something on our site that belongs to you? Let us know. Please include the information requested in this section so that we can help you. Also, you may want to make sure the information you provide is accurate—unless you like the idea of potentially being held liable by the court.
Designer Confessions is a designer-driven website made by designers, for designers. We respect the intellectual property rights of all of our users, and we want all of our users to do the same. We want to make sure that your intellectual property interests are protected. If you feel, at any time, that your copyright has been used in a way that constitutes copyright infringement, you must contact Designer Confessions in writing. The writing must contain the following information (for more information, please speak to an intellectual property attorney or reference Section 512(c)(3) or the Copyright Act to confirm all requirements):
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on our Website;
- Your address, telephone number, and email address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf
Designer Confessions’s Copyright Agent for notice of claims of copyright infringement on this Website can be reached at the following address:
Please note that we take any claims of copyright infringement very seriously. Under section 512(f) of the Copyright Act, if you knowingly or materially misrepresent that material or activity is infringing, you may be subject to liability.
User Design Submissions
We have many users submitting many designs to our website every day. We can’t be responsible for the things our users submit. Likewise, Designer Confessions doesn’t endorse what our users say, do, or submit to us. You are responsible for using this site at your own risk.
The Designer Confessions prides itself in its user-driven design submission process. With the interactive nature of this user-driven experience, it is impossible for Designer Confessions to assume responsibility for any of the designs submitted to us. The ideas, suggestions, opinions, comments, and observations made by Designer Confessions users and their text, data, artwork, vectors, photographs, messages, Designs, and files associated with the Design submission process (collectively “Designs”) are not endorsed by Designer Confessions.
We additionally make no guarantee regarding how reliable, accurate, or high quality these Designs are on our Website. You agree that it is your responsibility to evaluate and bear any risks related to your use of any User Submission or Designs, including any reliance on the accuracy, completeness, or usefulness of such User Submission or Designs. The person who originally posted the User Submission or Design is the fully responsible party for all problems or issues associated with the User Submission or Design. The original poster is the only party responsible for any damage you may suffer as a result of User Posts or Designs.
Submitting Designs; Representations and Warranties
If you post or submit anything to Designer Confessions, you are responsible for how people react to it. This includes lawsuits. If you submit or post designs to our Website, you promise Designer Confessions that you own all the rights to everything you give us. If you don’t own all the rights to the things in your posts/submissions, you promise that you asked the owner of these rights to let you use them. Does your post/submission contain pictures or depictions of friends? Family? Strangers? By giving it to us, you’re promising you got their permission first. If the people in your design/post are under 18, you also promise that you got permission from their parents or guardians first, too. Be nice. By submitting a post/design to Designer Confessions, you promise you’re not stealing another person’s work, you’re not hurting someone’s reputation, etc.
As a Designer Confessions Website user, you are fully responsible for the Designs you submit to our Website, and for the consequences for posting or publishing them.
If you decide to submit any Designs to Designer Confessions, you acknowledge and agree to be liable for these Designs. By submitting a Design containing your ideas, suggestions, opinions, comments, and observations made by Designer Confessions users, and any text, data, artwork, vectors, photographs, video, music, sound, chat, messages, Designs, files or any other materials, you warrant and represent to Designer Confessions that:
- You own all the rights in your Designs and the performance in your content.
- If you do not own all the rights in your Designs, you have secured all of the necessary rights in your Designs to enable you to grant Designer Confessions the right to use and enforce these Designs to their fullest extent.
- You are the person who is pictured, depicted, or heard in your Designs.
- If you are not the person pictured, depicted, or heard in your Designs, you have obtained permission (and publicity rights, if necessary), from each person depicted/heard (including parental or guardian permission for all parties under the age of 18) to grant the rights to Designer Confessions; and
- Your Designs do not infringe on the intellectual property rights of others, the Materials are not defamatory in nature, nor do they infringe on the moral rights, privacy rights, or publicity rights of others.
Designer Confessions right to Your Designs
We don’t own your Designs, you do. We’re all friends here. If you submit a Design to our website, you also give us permission to use your submissions in connection with advertising our business or redesigning our website.
You retain all rights in your Designs. However, by submitting your Designs to Designer Confessions, you agree to give Designer Confessions a worldwide, non-exclusive, royalty-free, freely sublicensable (through multiple tiers), and transferable right and license to use, reproduce, modify, distribute, prepare derivative works of, display, and perform the Designs in connection with the Website and Designer Confessions’s business. Designer Confessions will use this license for promotional purposes and redistributing part or all of the Website (and derivative works thereof) in any media now known or developed later.
You acknowledge and agree that submitting Designs for any period of time on our Website is sufficient consideration for this license granted to Designer Confessions.
We have guidelines for you to follow when you submit your content to us. Don’t lie to us, steal from us or others, and don’t harass other users. In short, don’t be a jerk.
If you choose to submit Designs on the Designer Confessions Website, we require that you adhere to generally accepted rules of etiquette and standards of behavior. Your use of our Website reflects your respect for the legal rights of users connected with the Designer Confessions. You understand that the Designer Confessions does not guarantee confidentiality with respect to User Designs.
By using this Website and participating in the services we offer, you agree that your Designs will not contain anything that is or could appear to be:
- Threatening, harmful, stalking another user, harassing, hateful, racially, ethnically, or otherwise objectionable;
- Untrue, misleading, libelous, invasive to another person’s privacy or protected data;
- Pornographic, sexually explicit, unlawful or plagiarized;
- Infringing or allegedly infringing on a third party’s intellectual property rights, including patent, trade secret, copyright, trademark, right of publicity or other proprietary rights, including, but not limited to, any User Posts or Designs that are subject to any third party claim for infringement;
- Anything that you do not have the legal right to transfer;
- Anything that you are legally bound not to disclose under contractual or fiduciary relationships including, but not limited to, inside information or proprietary and confidential business information;
- Unsolicited, undisclosed, or unauthorized advertising;
- Software viruses or any other malicious computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunication equipment;
- Data or information obtained by the unauthorized access of another’s computer or account with which such a posting or submission would constitute unauthorized use; and
- Any other post or submission that violates applicable local, state, national or international law, regulation or statute (including export laws).
Payment for your design
We will pay you 50% of all NETT profits on the successful sale of your design.
If your submission is accepted, we will contact you for further details, and artwork. We will set the price for the Design that includes the cost and profit that will go to Designer Confessions. As the designer, you will receive 50% of the profit of the sale of your design.
Designer Confessions use PayPal to distribute payments to all of our designers. If you do not have a PayPal account you will need to create one before we can pay you.
One bulk payment will be made to the designer 30 days after the month ending when the sale was made. (i.e Sale took place on 2nd February – Designer would be paid on the 31st March) This is to allow time for money to be collected, or for any customer refunds or returns to take place.
** We will only pay you once you have made at least $50.00 (USD) in NETT profit from the sales of your design/s
We will provide you with a sales report but it’s up to you to request this every month. One day this will be automated. 🙂
Designer Confessions will provide you with a sales report upon request (each month) on the last day of every month. This report will be emailed to you and will reflect the following basic information:
- Total Product Views (per item)
- Product Cart Abandonment Rate (% per item)
- Successful Number of Sales (per item)
- Customer Returns (per item)
- Customer Refunds (per item)
- Your Profit ($ due to you)
To request your sales report please email firstname.lastname@example.org and include your full name and product URL/s that you are requesting a report on.
Limitation of Liability
Things happen. We can’t be held legally responsible if they do and cause you damage. Sorry, guys. If a lawsuit arises, we can’t be legally responsible for an amount greater than a full refund associated with your purchase.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DESIGNER CONFESSIONS WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, PROFITS, BUISNESS INTERRUPTION, GOODWILL, USE OR OTHER INTANGIBLE LOSSES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE DESIGNER CONFESSIONS’S SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO DESIGNER CONFESSIONS SERVICES EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE MONETARY LIABILTY OF DESIGNER CONFESSIONS AND ANY OF ITS AGENTS, SUPPLIERS, EMPLOYEES, OR AFFILIATES IN CONNECTION WITH THE DESIGNER CONFESSIONS SERVICES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND INFRINGEMENT) SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US.
Warranty of Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DESIGNER CONFESSIONS SERVICES AND WEBSITE CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTIES, CONDITIONS, REPRESENTATIONS OR GUARANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. DESIGNER CONFESSIONS DOES NOT WARRANT THE OPERATION OF ITS OFFERINGS WILL BE UNINTERRUPTED OR ERROR FREE. YOU AGREE THAT YOUR USE OF DESIGNER CONFESSIONS SERVICES SHALL BE AT YOUR SOLE RISK. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A DESIGNER CONFESSIONS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY.
Exclusions and Limitations
Nothing in this Agreement is intended to exclude or limit any condition, warranty, right or liability, which may not be lawfully excluded or limited.