Terms and Conditions

BattleDesigns.com (hereinafter, referred to as ‘Site’) is owned, managed and operated by Battle Designs India. (hereinafter, referred to as ‘Company’ or ‘We’ or ‘Our’ or ‘Us’), an Indian Registered Partnership Firm. By using any of the services or features offered through this Site, the users (hereinafter, referred to as ‘You’ or ‘Your’) agree to be legally bound by the clauses and provisionscontained in this Terms of Service Agreement (hereinafter, referred to as ‘Agreement’). If any of the clauses contained herein is unacceptable, Your sole remedy is to cease further use of this Site.

We reserve the right to take any action permissible by the relevant applicable law against any user found in violation of this Agreement including, without limitation, suspension and termination of the user account without notice; and withholding of payments due to such user from the Company.

This Agreement shall be read in conjunction with other policies, guidelines, rules, and regulations, including Privacy Policy, framed and posted on this Site any time and from time to time.

Further, We reserve the right, in Our sole discretion, to make changes to, and update, this Agreement anytime. All such updates and changes shall come into effect as soon as these are posted on this web page. Your continued use of any of the service(s) offered on this Site expresses your implied consent to the acceptance of the modified Agreement. Any substantial changes or updates to this Policy shall be notified to the registered users of the Site. However, We strongly recommend You to periodically check this page for latest updates to this Agreement.

Last Updated on: May 30, 2011

1.2 Description of Services

This Site offers an online platform where the customers (hereinafter, referred to as ‘Contest Holders’) can place their requirements for web design, logo design, and graphic design for the registered designers in the form of a contest (hereinafter, referred to as ‘Contest’ or ‘Contests’) for the designers to compete for the prize offered, forcing them to push the limits and create innovative new designs.

Eligibility

This Site is meant for use only by the users who are eligible to enter into a valid contract under the applicable law. Minors are, therefore, not allowed to use any of the services offered on this Site. By using any of the service(s) offered on this Site, You represent and warrant that –

1. You have the right, authority, and capacity to enter into this Agreement;

2. You shall abide by all the terms and conditions contained herein; and

3. You are of or over eighteen (18) years of age;

4. You are not legally barred from entering into a lawfully executed contract under any of the applicable jurisdictions; and

5. You shall not indulge in any activity or omission that is considered unlawful under any applicable law.

The Company reserves the right to accept or reject the registration application of any user at its sole discretion without assigning any reason to anyone.

User Account

The registered users of the Site may access their account by keying in their preferred username and password as assigned to them upon completion of the registration process. Both username and password are case sensitive. You shall be solely responsible and
liable –

1. for maintaining the confidentiality, integrity, and security of Your password;

2. for any disclosure of Your password to any third party, via any online or offline media including, without limitation, message boards, public or private forums, blogs, social networking Sites, etc.;

3. for using the account of another member, at any time;

4. for all uses of Your account – authorized or unauthorized – and;

5. to notify Us immediately, if You suspect any unauthorized use of Your account or access thereof    

Payment Terms

All payments will be made or received via Paypal (International users) and Bank account transfers (for Indian users) - until paypal changes its policies towards Indian users allowing them to make payment within India.

Money back policy: the 100% money back guarantee policy doesnot hold for the contest fees. It is only for contest price money that is given to us as guaranteed payment towards a contest. The money will be refunded after deducting the taxes, contest fees or $5 (for using our services), which ever is greater. However, this doesnt apply if the contest was left in the frozen status for 5days. In such case, the contest will be deemed as abandoned and no refund will be made.

Fees: contest fees and commissions from winning designers may change without prior notice. Contest fees will be displayed when starting a contest. The commissions from designers may range from 5-15% and not more.

Special Terms for Designers

In addition to the provisions contained herein, the designers also undertake to abide by the following terms:

1. You agree and undertake to abide by and comply with all the applicable laws, rules, and regulations while interacting and dealing with the Contest Holders via any of the features offered through this Site.

2. If You win a Contest, You shall be solely responsible to deliver to the Contest Holder all the deliverables within an agreed upon period of time. However, in case the Contest Holder has materially changed the scope of the Contest after You were selected as the winner of the Contest or You are unable to communicate with the Contest Holder, You shall have no liability towards the Contest Holder. Further, in such an event, You agree to contact Us immediately for remedial action.

3. The deliverable design must not comprise of Your firm branding or any watermark of any kind whatsoever.

4. All logos must be created in vector format.

5. You warrant and represent that You own or otherwise have license to all the legal rights to the deliverables.

6. All rights to the design vest with the Contest Holder once You have been fully paid for the designs by the Contest Holder. You agree to release all rights in such design including, without limitation, copyrights, patents, design rights, trademarks, etc. Further, You agree and undertake not to resell or offer to resell such design to anyone. In case of a private Contest specifically posted for the designer, the designer can seek written permission from the Contest Holder to display the design as part of his or her portfolio.

7. You agree not to communicate or attempt to communicate with the Contest Holder outside the interactive features afforded on the Site. Further, You warrant that You shall not reveal any contact information including, without limitation, Your email address, IM name, phone number, fax number, physical address, etc., to the Contest Holder.

8. You undertake not to indulge in any act or omission on this Site that may result in depreciation in the reputation of the Contest Holder(s).

9. You agree to communicate Us immediately when You have sent the deliverables to the Contest Holder.

10. You undertake not to use any robot, spider, scraper or other automated means to access this Site for any purpose.

11. You agree not to circumvent or manipulate Our fee structure, the billing process, or fees owed to Us, or cheat Our systems in any manner whatsoever.

12. You are expressly prohibited from indulging in spam using any of the features offered through this Site.

13. You are expressly prohibited from spreading technological nuisances, like viruses, Trojans, worms, or other programs that amount to damage, destruction, detrimentally interfering with, surreptitiously intercepting, or expropriating any system, data or personal information on other computer systems on the Web.

14. You are expressly prohibited from resorting to personal attacks, negative or unfair criticism or other forms of discourteous and unprofessional online conduct or practices through any of the features offered through this Site. Further, any illegal act, including but not limited to, pornography in general, child pornography, defamation, profanity, etc. is strictly prohibited from being transmitted or propagated through any of the features offered through this Site. We reserve the right to remove such content from the Site at any time without any notice to anyone.

15. Once a user’s account is suspended or terminated for violation of any clause of this Agreement, such user is prohibited from opening a new account on this Site. If it is found that a suspended or terminated user is operating through another account, he or she shall forfeit the balance of all his or her accounts, and all funds will be returned to the original Contest Holder(s).

General Terms for All Contest Entries

1. In order to enter into a Contest, the designers must first create a Contest Entry. You must follow the specified guidelines as set out by the Contest Holder while creating the Contest Entry.

2. Upon completion of a Contest Entry, the designer must submit a reply to the Contest topic that contains his or her entry. A short description of the design may also be provided in the reply.

3. All Contest Entries must conform to the applicable rules and guidelines as specified on the Site from time to time.

Special Terms for Contest Holders


In addition to the provisions contained herein, the Contest Holders also undertake to abide by the following terms:

1. You agree and undertake to abide by and comply with all the applicable laws while interacting and dealing with the designers through any of the features offered through this Site.

2. You are expressly prohibited from resorting to personal attacks, negative or unfair criticism or other forms of discourteous and unprofessional online conduct or practices through any of the features offered through this Site. Further, any illegal act, including but not limited to, pornography in general, child pornography, defamation, profanity, etc. is strictly prohibited from being transmitted or propagated through any of the features offered through this Site. We reserve the right to remove such content from the Site at any time without any notice to anyone.

3. You are expected to provide as much information as You can about Your requirements in the Contest so that the designers can make informed decisions.

4. You agree to provide Us confirmation regarding the receipt of all deliverables from the designer as soon as feasible.

5. You agree to provide rankings and feedback to the submitted designs at the end of the Contest.

6. You are expressly prohibited from sharing an idea and/or concept of one designer and ask the other designer to copy or modify such design.

Copy rights

Though our creative team will be monitoring entries and winning entries to avoid rip off from other registered designs, however we will not hold responsibility for any copyright infringement.

Designers: are solely responsible for their entries, any copy right issues which arise will not be dealt by us. The designer, either an individual/company will be liable for any penalties or lawsuit issues that arise. In such case we have full authority to provide the officials involved with contact details of designer(s).

Contest Holders: once the design is bought by you, it is your duty to get it registered and protect against from being copied. We also advice you to look out if the design isnt a copied version of a similar design elsewhere. We donot provide copyright services and we donot hold responsibility of any issues arising with the design in future. We only provide a platform where designers and contest holders can meet and profit each other mutually.

Disclaimers

1. This Site is provided on an “AS IS AND AS AVAILABLE” basis. We disclaim any liability towards suitability and fitness of purpose of the content appearing on this Site for any purpose whatsoever.

2. We disclaim any liability for any unauthorized access of user’s account by anyone other than the registered user.

3. All the Intellectual Property Rights issues and disputes pertaining to the deliverables between the designers and Businesses shall be negotiated by and between the respective parties. We do not arbitrate between the parties in case of any dispute.

4. The authenticity and accuracy of user content on this Site is not guaranteed by the Company. Users relying on such information do so at their own risk.

5. We shall not be held liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of Site content resulting directly or indirectly from any cause or circumstance beyond Our reasonable control including, without
limitation, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labor problems, wars, or governmental restrictions.

6. The general content of this Site is informative in nature, and not in the advisory context.

7. Notwithstanding anything to the contrary contained anywhere, nothing shall prevent Us from cooperating with the authorized investigative agencies to the fullest extent permissible under law.

License


You are given a non-exclusive, non-transferable, and non-assignable license to use this Site subject to the terms contained herein.

You expressly undertake not to copy, sell, trade, or otherwise commercially exploit the content and/or services offered through this Site.

The designers own all rights to their Contest Entries on this Site, and can withdraw them anytime unless they have won and the Contest has been paid for by the Contest Holder, in which case, all the right pertaining to the deliverables shall be transferred to the Contest Holder.

You understand and acknowledge that the content on this Site is the property of the Company. All the personal information provided by the designers and Contest Holders to Us shall be kept confidential and subject to the provisions of this Agreement and Our Privacy Policy.

Miscellaneous Provisions

1. Waiver: Our failure to enforce any right or to act with respect to any breach by a user of any clause(s) of this Agreement shall not be construed as waiver of that right nor waives Our right to act with respect to subsequent or similar breaches.

2. Severance: If any provision contained herein is held invalid or unenforceable by a competent legal authority, such provision shall be struck off and the remaining provisions remain enforceable.

3. No Assignment: You agree not to transfer, assign or delegate Your rights or obligations under this Agreement to any third person without Our express written consent, and any attempt to do so shall be null and void.

We reserve the right to assign this Agreement without any restriction or notice to anyone and at any time to anyone.

Jurisdiction


All the disputes arising out of or related to this Agreement, or Your relationship with the Company shall be subject to the laws and courts of the city of Hyderabad, India.