These updated terms went into effect on March 8, at 12 a.m. Eastern Time.
You are responsible for all the activities on your account, and for keeping your password confidential. If you find out that someone has used your account without your authorization, you should immediately report it to firstname.lastname@example.org.
We expect everyone who uses Disignir to behave responsibly and legally. Don’t do any of these things on the Site:
Don’t break the law. Don’t take any action that infringes or violates other people’s rights, violates the law, or breaches any contract or legal duty you have toward anyone.
Don’t lie. Don’t post information that is false, misleading, or inaccurate. Don’t do anything deceptive or fraudulent.
Don’t steal others’ ideas. If you didn’t create it or have a legal copyright on it, you cannot display or upload things onto the Disignir site and you can’t market or sell it on Disignir.
Don’t offer prohibited items. Don’t offer any designs, product or rewards that are illegal, violate any of Disignir’s policies, rules, or guidelines, or violate any applicable law, statute, ordinance, or regulation.
Don’t victimize. Don’t do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive to another person’s privacy.
Don’t spam. Don’t distribute unsolicited or unauthorized advertising or promotional material, or any junk mail, spam, or chain letters. Don’t run mail lists, listserve, or any kind of auto-responder or spam on or through the Site.
Don’t harm anyone’s computer. Don’t distribute software viruses, or anything else (code, films, programs) designed to interfere with the proper function of any software, hardware, or equipment on the Site (whether it belongs to Disignir or another party).
Don’t abuse other users’ personal information. When you use Disignir, especially when partnering with others to license designs, you may receive information about other users, including their names, email addresses, and postal addresses. This information is provided for the purpose of engaging in licensing arrangements and selling Disignir products: don’t use it for other purposes, and don’t abuse it.
Don’t try to interfere with the proper workings of the Services.
Don’t bypass any measures we’ve put in place to secure the Services.
Don’t try to damage or get unauthorized access to any system, data, password, or other information, whether it belongs to Disignir or another party.
Don’t take any action that imposes an unreasonable load on our infrastructure, or on our third-party providers. (We reserve the right to determine what’s reasonable.)
Don’t use any kind of software or device (whether it’s manual or automated) to “crawl” or “spider” any part of the Site.
Don’t take apart or reverse engineer any aspect of Disignir in an effort to access things like source code, underlying ideas, or algorithms.
Disignir provides a commerce platform for the licensing and selling of creative products. “Designers” post their ideas/designs on the platform and Manufacturers (Suppliers) can license those designs subject to Designers’ approval. Manufacturers can also sell their own products through an ecommerce shop on Disignir, which is explained in the next section. When a Designer posts a product on Disignir, he or she is inviting Manufacturers to bid for and ultimately license that product from them for commercial purposes, unless otherwise agreed to by both parties and in accordance with the Terms herein. Any registered Manufacturer who licenses a Designer’s product through the Disignir platform is accepting that Designer’s terms as well as the ones given with the Terms herein.
Disignir is not a part of this contract between Designers and Manufacturers. Here are the terms that govern that contract:
When a product is successfully licensed, the Designer must provide the Manufacturer with designs, schematics, files, instructions, and specifications as needed for production of the product in an accelerated time frame, as defined in the licensing agreement. The Designer must respond to production related questions by the Manufacturer within an acceptable time frame. If a faster response time is needed to resolve critical issues, the Designer should respond at their earliest opportunity. Once the Designers has done so, they’ve satisfied their obligation to their Manufacturers.
Throughout the process, Designers owe their Manufacturers a high standard of effort, honest communication, and dedication to bringing the product to market. At the same time, Manufacturers must understand that when they license a product, they’re helping to create something new — not ordering something that already exists. There may be changes or delays, and there’s a chance something could happen that prevents a Designer from solving a production-related issue.
If a Designer is unable to fulfill their obligation, they’ve failed to live up to the basic obligations of this contract. To rectify the situation, they must make every reasonable effort to find another way of helping the Manufacturer bring the product to market in a manner that meets their expectations.
Manufacturers will agree to give Designers a percentage of future gross sales via royalties. Additionally, the Manufacturers have met their obligations to Designers if:
They let Designers know when they plan to start production and do start production, when they plan to sell the product, and for units not sold through Disignir, the quantity of units sold.
They send payment to Designers for units sold off the platform every 30 days.
They let Designers know why there may be delays and their course of action for resolving that delay;
They work diligently and in good faith to bring the best quality product to market in a timeframe that’s communicated to Designers;
They’ve been honest, and have made no material misrepresentations in their communication to Designers; and
They agree to give up their licensing rights if they are unable to bring the product to market in an acceptable timeframe. Email email@example.com if you think you need to initiate this process.
Manufacturers are solely responsible for fulfilling the promises made in their agreement with the Designer. If they’re unable to satisfy the terms of this agreement, they may be subject to legal action by Designer.
As a Manufacturer (Supplier), you are required to complete and maintain your profile with accurate, up to date information and represent yourself truthfully. Disignir reserves the right to remove a profile at any given time at its sole discretion.
Disignir isn’t liable for any damages or losses related to your use of the Services. We don’t become involved in disputes between users, or between users and any third party in relating to the use of the Services. We don’t oversee the accuracy, quality, or performance of products posted on its Services or punctuality of physical deliveries between designers, manufacturers, or their customers. We may offer shipping tools for users, but we are not responsible for how our users employ these tools, and we make no warrants nor representations as to how users could or should employ the tools. We don’t endorse any products that users submit to the Site, though at our sole discretion we may feature the products and content of users for our own marketing purposes. When you use the Services, you agree to hold Disignir harmless and indemnify Disignir from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Services. All content you access through the Services is at your own risk. You’re solely responsible for any resulting damage or loss to any party.
Creating an account on Disignir is free. If you submit a design/invention that becomes licensed on our Site, we (and our payment partners) may collect fees. Our partners’ fees may vary slightly based on your location.
We will not collect any fees without giving you a chance to review and accept them. If our fees ever change, we’ll announce that on our Site.
You are responsible for paying any additional fees or taxes associated with the license or sale of your products on Disignir.
Disignir may contain links to other websites. (For instance, product pages, business profiles, and comments may link to other sites.) When you access third-party websites, you do so at your own risk. We don’t control or endorse those sites.
Disignir partners with other companies (such as x and y) for payment processing. When you license or sell a product, you’re also agreeing to the payment processor’s terms of service.
Disignir doesn’t own content you submit to us (your “Content”). But we do need certain licenses from you in order to perform our Services. When you submit a product for license or sale, or launch a storefront, you agree to these terms:
We can use the content you’ve submitted. You grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your Content.
When we use the content, we can make changes, like editing or translating it. You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your Content.
You won’t submit stuff you don’t hold the copyright for (unless you have permission). Your Content will not contain third-party copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material (and to grant Disignir all the license rights outlined here).
Any royalties or licensing on your Content are your responsibility. You will pay all royalties and other amounts owed to any person or entity based on your Content, or on Disignir’s hosting of that Content.
You promise that if we use your Content, we’re not violating anyone’s intellectual property rights.If Disignir or its users exploit or make use of your submission in the ways contemplated in this agreement, you agree to hold Disignir harmless and indemnify Disignir from any claims resulting from any infringement or violation of the rights of any third party, including (without limitation) any trade secret, copyrights, patents, trademarks or any other intellectual property or proprietary rights.
You’re responsible for the items you post. All information submitted to the Site, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom that content originated.
We’re not responsible for mistakes in your content. Disignir will not be liable for any errors or omissions in any content.
Disignir’s Services are legally protected in various ways, including by the laws of copyrights, trademarks, service marks, patents and trade secrets. You agree not to violate copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to edit, change, translate, or otherwise create derivative works of the Services.
Disignir grants you a license to reproduce content from the Services for personal use only. This license covers both Disignir’s own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need to obtain prior written permission from Disignir or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.
The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. Disignir fully complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law and the requirements set forth in our Copyright Policy. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers at our sole discretion.
If you’d like to submit a claim of copyright infringement, please email firstname.lastname@example.org.
You can terminate your account at any time. All provisions of this agreement will survive termination of an account, including our rights regarding any content you’ve already submitted to the Site. (For instance, if you’ve launched a project, deleting your account will not remove the project from the Site.)
We may close your account at any time in our sole discretion. In no case will Disignir's closure of your account, or reduction of your access to the Disignir Sites waive or affect any other right or relief to which Disignir may be entitled.
Disignir reserves the following rights:
We can make changes to the Disignir Site and Services without notice or liability.
We have the right to decide who’s eligible to use Disignir. We can cancel accounts or decline to offer our Services. (Especially if you’re abusing them.) We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use Disignir in that jurisdiction.
We have the right to cancel any pledge to any product, at any time and for any reason.
We have the right to reject, cancel, interrupt, remove any product at any time and for any reason.
Disignir is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITES ARE PROVIDED SOLELY 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 AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITES ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITES WILL BE SECURE; THAT THE SITES OR THE SERVERS THAT MAKES THE SITES AVAILABLE WILL BE VIRUS-FREE; THAT INFORMATION ON THE SITES WILL BE COMPLETE, ACCURATE, RELIABLE, TIMELY OR USEFUL; OR THAT COMMUNICATIONS SENT FROM THE SITES ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IF YOU ACCESS OR DOWNLOAD ANY MATERIALS FROM THE SITES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY SUCH ACCESS OR DOWNLOAD.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITES OR THROUGH OR FROM THE SITES SHALL CREATE ANY WARRANTY OF ANY KIND. DISIGNIR DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THIS AGREEMENT.
THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY MADE TO YOU BY THE MANUFACTURER OF THE ITEM.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL DISIGNIR, ITS DIRECTORS, EMPLOYEES, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES (I) RESULTING FROM YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (II) FOR ANY LOST PROFITS, DATA LOSS, OR COST OF PROCUREMENT OR SUBSTITUTE GOODS OR SERVICES; OR (III) FOR ANY CONDUCT OF CONTENT OF ANY THIRD PARTY ON THE SITE. IN NO EVENT SHALL DISIGNIR’S LIABILITY FOR DIRECT DAMAGES BE IN EXCESS OF (IN THE AGGREGATE) ONE HUNDRED U.S. DOLLARS ($100.00).
a. 12:00 p.m. Eastern time on the 10th day after its posting; or
b. your acceptance of them via a click-through process or some other method that we specify.
20. Changes to the Disignir Sites
We may make frequent changes to the Disignir Sites, including changes to the quantity and selection of products sold through the Disignir Sites.
Notwithstanding the foregoing, disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Disignir Sites shall not be subject to arbitration.
If you or Disignir's claim is solely for monetary relief of $10,000 or less and does not include a request for any type of equitable remedy, the party bringing the claim may choose whether the arbitration of the claim will be conducted solely based on documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing under the AAA Rules.
22. Class Action Waiver
If any court or arbitrator determines that the class/consolidated/representative action waiver set forth in this section is void or unenforceable for any reason or that arbitration can proceed on a class, consolidated, or representative basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court located in New York County, New York.
Headings are for reference purposes only and do not limit the scope or extent of any section.
If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in effective.
These Terms and the other material referenced in them are the entire agreement between you and Disignir with respect to the Services. They supersede all other communications and proposals (whether oral, written, or electronic) between you and Disignir with respect to the Services and govern our future relationship. If any provision of these Terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the Terms otherwise will remain in full force and effect and enforceable. The failure of either you or Disignir to exercise any right provided for in these Terms in any way won’t be deemed a waiver of any other rights.
These Terms are personal to you. You can’t assign them, transfer them, or sublicense them unless you get Disignir’s prior written consent. Disignir has the right to assign, transfer, or delegate any of its rights and obligations under these Terms without your consent. Disignir will provide you notice via email, written notice, or by conspicuously posting the notice on our Site.
How to Contact Us
If you have any questions or comments, please contact our Client Services team by:
(1) emailing us at contact @disignir.com or
(2) mailing us at Disignir Help at the following address: 136-80 41st Ave Fl 2 Flushing, NY 11355.
Effective since August 25, 2015
Any more questions? Email us at email@example.com