If you do not agree to any of the terms in this Terms of Service, please do not access and/or use the Service.
You may not access or use the Service if you are not at least 18 years of age.
EasyDesign may, in its sole discretion, modify or revise these Terms of Service at any time, and you agree to such modifications or revisions by your continual usage of the Service. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
a. “Design Works” – the end product or derivative work created by you or on your client’s behalf using the Service.
b. “EasyDesign Platforms” – EasyDesign mobile application and/or any other platform (whether free or subscription based).
c. “Content” – the illustrations and templates used in creating the Design Works.
d. “Personal Use” – Using Design Works in a manner that (i) does not generate any monetary gain to yourself or any third party; (ii) is not meant to entice sales; and (iii) is not related to any business, community or non-profit organization.
e. “Commercial Use” – Using Design Works in a manner that would result in any form of remuneration, procuring sales or commercial exposure for yourself, your client or any third-party. This includes any other usage that does not fall under Personal Use.
These Terms of Service set forth the legally binding terms and conditions that apply to all users of the Service.
In order to use certain features of the Service, you will need to register for an account (“Account”) and provide accurate and complete information. You represent that (a) all information submitted by you is truthful and accurate; and (b) you will maintain the accuracy of such information. You are solely responsible for the activity that occurs on your Account and you must keep your Account password secure. You must immediately notify EasyDesign of any unauthorized use of your Account or any breach of security. EasyDesign will not be liable for any loss or damage arising from the unauthorized use of your Account and you may be liable for the losses of EasyDesign due to such unauthorized use.
You may delete your Account at any time, for any reason, by following the instructions on the Service. EasyDesign may terminate your Account in the event you have breached these Terms of Service.
You agree to not share, distribute, remove, extract, copy, sell, transfer, assign, convey, download, capture or rip the Content at any time or to any third party. You shall not distribute, copy, transfer, assign and/or disclose any part of the Service in any medium at any time to any other person or entity.
You are not allowed to separate/disassociate any/all of the Content from the Design Work and use the Content on a standalone basis after the Design Work is exported/transferred/downloaded by you. You must ensure with adequate technological measures that the standalone Content may not be extracted/copied from the Design Works by third parties.
You are not allowed to register the Content in any logo or trademark in any territory. You are only granted a non-exclusive license to use the Content, therefore the same Content may be used by other parties as well.
You agree to not copy or adapt the object code of EasyDesign Platforms, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of EasyDesign Platforms or the Content, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to the Content.
You further agree to not allow the Content to be extracted, accessed or downloaded by anyone other than Yourself.
EasyDesign hereby grants You a non-transferable, non-exclusive, revocable, limited license to access and use the Service, provided that:
- You shall not license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit any part of the Service, or any Content displayed on the Service without EasyDesign’s prior written authorization.
- You shall not modify or alter any part of the Service.
- You shall not access the Service through any technology or means other than the technology provided on the Service, or other authorized means EasyDesign may designate.
- You shall not sell access to the Service, or sell advertising, sponsorships or promotions within the Service of the Content on the Service without EasyDesign’s prior written approval.
EasyDesign reserves the right at any time, to modify, suspend or discontinue the Service with or without notice to you. You agree that EasyDesign will not be liable to you or to any third party for any modification, suspension or discontinuation of the Service. You further agree that EasyDesign will have no obligation to provide you with any support or maintenance in connection with the Service.
Unless otherwise indicated, any future release, update or other added functionality of the Service shall be subject to these Terms of Service.
You agree not to use or launch any automated system, including without limitation, “robots”, “spiders”, or “offline readers” that accesses the Service in a manner not humanly possible. You agree not to collect or harvest any personally identifiable information, including account names from the Service or to use the communication systems provided by the Service for any solicitation purposes.
Except as otherwise expressly stated herein, EasyDesign and the Content are made available on an "AS IS," "AS AVAILABLE," and "WITH ALL FAULTS" basis. Except as otherwise expressly stated herein, EasyDesign, its employees, directors, and officers, and anyone else associated with EasyDesign disclaims, to the fullest extent permitted by law, any and all warranties, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, non-infringement, or that your usage of EasyDesign will be uninterrupted, error free of computer viruses or other damaging materials. When any Content on the website is accessed and used, you do so at your own risk. EasyDesign, its employees and officers, and anyone else acting on behalf of EasyDesign also disclaims any and all common-law duties, including without limitation duties of reasonable care and workmanlike effort. EasyDesign, its employees, directors, officers and anyone else associated with or acting on behalf of EasyDesign make no representation or warranty (i) as to your right to use any individual’s name, likeness, and/or image appearing in the Content without first obtaining appropriate rights (including without limitation, release rights) from such individual(s); and (ii) that your use of Content will not infringe or violate the trademark rights of any third party, or constitute a false designation of origin or any other form of unfair competition.
You acknowledge that all trademarks, service marks, copyrights and logos (“Marks”) on the Service are owned and operated by Designs.net. Neither these Terms of Service nor Your access to the Service transfers to you or any third party any rights, title or interest in or to such Marks, except as otherwise provided in these Terms of Service.
You may subject to these Terms of Service, use the EasyDesign Platform to design and create the following Design Works:
a. for commercial or advertisement purposes in any form such as magazines and newspapers;
b. for a website, video game, or CD-ROM, web site template or software product for distribution or use by others;
c. for marketing, advertising, or promotional materials, including but not limited to print ads, mailers, handouts and packaging of promotional materials;
d. in connection with Your business or entity;
e. as décor in any premises including but not limited to office, lobby, or public area, restaurant, or retail store;
f. in any electronic distribution (not in its original but in its final form) or items for personal use or resale, including design elements or constituents in eBooks, licensed software, website templates, flash templates and document templates provided such use is not intended to allow the distribution, share or sale of the Content on a standalone basis to another party and only the Design Work is permitted to be shared, distributed or sold; and/or
g. for any printed (not for electronic distribution) material, merchandise or product for personal use or resale, including calendars, consumer merchandise (T-shirts, posters, art, etc.) and product packaging provided such use is not intended to allow the distribution, sell or use of the Content on a standalone basis and only the Design Works is permitted to be shared, distributed or sold.
Certain EasyDesign features are provided to you free-of-charge. Other EasyDesign features require payment of a fee before you can access them such as our premium content. This payment shall be made via credit card or such other payment method as accepted by EasyDesign (“Payment Method”). All fees are quoted in United States Dollar unless otherwise specified by EasyDesign. The Fee is exclusive of all taxes, which shall be borne by You.
The subscription to EasyDesign is based on an auto-renewal basis whereby it will automatically be renewed upon the end of the applicable subscription period corresponding to the term of your subscription (i.e. monthly basis).
In the event your subscription begins on a day not contained in a given month, we shall bill you via the Payment Method on the last day of such month. For example, if you had subscribed to use EasyDesign and became a paying subscriber on 28 February, you shall be billed via the Payment Method on 31 March. You acknowledge that the timing of when you are billed and the amount billed via the Payment Method may vary, including for example due to free trials and other promotional offers, credits applied, changes in your subscription, and changes in applicable taxes, and you authorize us to charge you for the corresponding amounts.
If we offer you a promotion (e.g. a promotional price) for your subscription, the specific terms of the promotion will be disclosed during your sign-up or in other materials provided to you describing the particular promotion. In the case of promotional pricing, after your promotion ends, we will begin billing you for your subscription at the regular price after the promotion ends unless you cancel prior to the end of the promotion or unless otherwise disclosed in communications made available to you.
We reserve the right to change, amend, modify or vary the price, package and/or features of EasyDesign’s subscription plan(s). If we change the price and package of such subscription plan(s), we will give you notice in advance of these changes.
We will use all reasonable efforts to ensure that the pricing and information for our Services stated therein are accurate, however, there are possibilities due to genuine error that the information of our Services may be inaccurate or any of our Services may be priced wrongly. If such situations may arise, we reserve the right to take any appropriate action we deem necessary to rectify the same.
You may discontinue to use and request the cancellation of your subscription to EasyDesign at any time. We shall not be liable for reimbursing you any part of your EasyDesign’s subscription, upon cancellation.
You may cancel your subscription by going to “My Account” and following the instructions for cancellation. By cancelling your subscription, your Account will automatically close at the end of your current billing period.
Upon cancellation or discontinuance, you may continue to use any work previously produced, created or reproduced by you via the EasyDesign Platforms as of the date of cancellation or discontinuance provided always that such use must be in compliance with the terms of this Agreement and other relevant licensing agreements as may be imposed by us from time to time.
However in the event EasyDesign terminates your Account according to this Terms of Service, you acknowledge and agree that: (i) you will not receive any refund from EasyDesign; (ii) you must delete and destroy all Design Works, Content and any materials obtained from EasyDesign Platforms together with any copies, and related documentation thereof; and (iii) cease to use the Service, Content and EasyDesign Platform for any purpose.
The Service may contain links to third party websites and/or advertisements for third parties. These websites and advertisements are not owned or controlled by EasyDesign and EasyDesign assumes no responsibility for the Content, privacy policies, or practices of these websites and advertisements. In addition, EasyDesign will not and cannot censor or edit the content of any third-party website. By using the Service, you acknowledge and agree that EasyDesign shall not be responsible for your use of any third-party website. Your use of all third-party websites and advertisements are at your own risk, and you should apply a suitable level of caution and discretion in doing so. When you click on any of the third-party websites and advertisements, the applicable third party’s terms and policies applies, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such websites and advertisements.
For some Content, a component of the Content will be sourced from a third party and different license terms may apply to the component, such as a third-party license or an open source or creative commons license. The other license will apply to that component instead of this license. This license will apply to the rest of the Content.
You further agree that you are obtaining only a limited license to use and access the Service and that no ownership rights are being conveyed to you. EasyDesign retains all right, title and interest (including all patent, copyright, trademark, trade secret and other intellectual property rights) in and to the Service, all related and underlying technology and documentation, and any derivative works or modifications
Further, you agree that the Service is offered as an on-line, hosted solution, and that you have no right to obtain a copy of any code underlying the Service. You may submit comments, questions, suggestions or other feedback relating to EasyDesign (“Feedback”) and you agree that EasyDesign may freely use, copy, disclose, prepare derivative works based on, publicly perform or display, distribute and exploit any Feedback, bug reports or suggestions you provide to EasyDesign regarding the Service, without any obligation, royalty or restriction based on intellectual property rights or otherwise.
If you are a copyright owner or an agent thereof and believe that any Content on our Service infringes upon your copyright and wish to have the alleged infringing material removed, you may submit a notification to us with the following information in writing at email@example.com:
- A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed;
- Information to enable us to contact you, such as an address, telephone number or email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- A statement that the information submitted in the notification is accurate, and under penalty of perjury, that you are the copyright owner or a person authorized to act on behalf of the copyright owner.
Notwithstanding anything to the contrary herein, you agree that EasyDesign may use, process, manipulate, modify, copy, publicly perform and display, compile, and create derivative works from customer data and any other data related to the Service, including, but not limited to, using such data for any internal business purpose, and for the improvement, support, and operation of the Service, and/or the development of other products or service capabilities. You further agree that EasyDesign may disclose to third parties aggregate data derived from customer data or from any other data related to the Service (including information regarding users’ interaction with the Service), so long as such aggregate data is not personally identifiable with respect to the user, subject to the applicable data protection laws. Further, all service data, usage data and other data that does not identify a user and any data that is derived from the customer data and all data, reports, derivative works, compilations, modifications and other materials created by EasyDesign from or with use of such data will be, in each case, the sole and exclusive property of EasyDesign ; and you hereby assign all of your title and interest, if any, in and to such items to EasyDesign without any fees and without rights to future royalties.
Subject to this Section, these Terms of Service will remain in full force and effect while using the Service. EasyDesign will terminate your access to the Service if, under appropriate circumstances, you are determined to be a repeat infringer.
EasyDesign reserves the right to decide whether Your Content violates these Terms of Service for reasons other than copyright infringement, such as, but not limited to, pornography or obscenity. EasyDesign may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate your account for submitting such material in violation of these Terms of Service.
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, EASYDESIGN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. EASYDESIGN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. EASYDESIGN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND EASYDESIGN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
YOU HEREBY RELEASE AND FOREVER DISCHARGE US FROM, AND HEREBY WAIVE AND RELEASE, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE (INCLUDING PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE), THAT HAS ARISEN OR ARISES DIRECTLY OR INDIRECTLY OUT OF, OR RELATES DIRECTLY OR INDIRECTLY TO, YOUR USE OF THE SITE AND/OR SERVICE, ANY INTERACTIONS OR TRANSACTIONS OF YOU WITH, OR ACT OR OMISSION OF YOU IN RELATION TO OTHER USERS.
IN NO EVENT SHALL EASYDESIGN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT EASYDESIGN SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Parties are independent contractors and no employment, agency, or joint venture is created hereunder. These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by EasyDesign without restriction.
These Terms of Service shall be governed by, and shall be construed in accordance with, the laws of Singapore, without regard to the conflict of laws principles. Any dispute, controversy or claim arising out of or relating to these Terms of Service, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause.
The seat of arbitration shall be Singapore. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English.
These Terms of Service constitutes the entire agreement between you and EasyDesign regarding its subject matter. Should any provision of these Terms of Service be held to be void or invalid, that fact will not affect any other provision, and the remainder of these Terms of Service will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Failure by either party to enforce any provision of these Terms of Service will not be deemed a waiver of future enforcement of that or any other provision.
Unless as otherwise stated in these Terms of Service, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms of Service, and the application of that provision shall be enforced to the extent permitted by law.
These Terms of Service are written in English with a reference translation in another language (if necessary). In the event of any conflict in interpreting or construing these Terms, the English version shall prevail.
You agree that the communications between you and EasyDesign uses electronic means. For contractual purposes, you (a) consent to receive communications from EasyDesign in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that EasyDesign provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.