Last Updated: August 18, 2020
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY ACCESSING OR USING THIS SITE, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS SITE.
Acceptance of the Terms & Conditions
Modification of the Terms & Conditions
We reserve the right to modify and update these Terms & Conditions at any time in our sole discretion. All changes are effective when we post them. By using the site after we post revised terms, you accept and agree to the changes. You are expected to regularly check back on this page for updates.
Designs.com Marketplace Terms & Conditions
We operate a marketplace on the Site that facilitates the sale of domain names from sellers to buyers (“Domain Name Marketplace”) and the sale of logos from sellers to buyers (“Logo Marketplace”, together with the Domain Name marketplace, the “Marketplace” or “Shop”).
The marketplace is merely a venue to facilitate transactions between buyers and sellers. Unless otherwise disclosed, we are not a buyer or a seller and do not represent any buyers or sellers.
We cannot guarantee that any bid or offer on a domain name or logo on the Marketplace will be transmitted to, and/or received by, the intended recipient.
Sellers and buyers on the Marketplace shall enter into their own purchase and sale agreement for any domain name or logo sold through the Marketplace. Our only involvement once the purchase and sale agreement is entered into between the buyer and seller is to collect a fee for services provided or to make payments for services provided. Buyer and seller agree that the terms of the purchase and sale will follow the standard online purchase and sale agreement supplied by us and available for review here.
Any fees charged by us for listing a domain name or logo for sale on the Marketplace or for buying a domain name or logo through the Marketplace will be stated clearly on the Site and will be binding when agreed to by a buyer and/or seller.
Should the payment for and transfer of a logo or domain name fail for any reason after purchase and agreement is entered into, we may collect any applicable commission fee for the sale from whichever party to the purchase and sale agreement breached their obligations under that agreement.
We shall not be held responsible for the failure of either party to a purchase and sale agreement to complete their obligations under such an agreement. We are a neutral facilitator of the Marketplace and shall not be subject to any claims arising from the attempted purchase and sale of domain names or logos through the Marketplace.
We reserve the right in our sole discretion to cancel a transaction or an auction at any time before a purchase and sale agreement is entered into for any reason in our reasonable discretion, including for violations of these Terms & Conditions. In this situation, there is no valid purchase and sale agreement between the buyer and seller and neither is required to perform.
We reserve the right to cancel a transaction or an auction on the Marketplace after the purchase and sale agreement has been entered into. Cancellation of an auction or a transaction on the Marketplace after the purchase and sale agreement has been entered into does not void or invalidate the purchase and sale agreement between buyer and seller. Cancellation of an auction or a transaction on the Marketplace after the purchase and sale agreement has been entered into indicates that Designs.com is removed from its obligations with regard to the transaction or auction and will not be facilitating the transaction moving forward. Buyer and seller each maintain all rights granted to them under purchase and sale agreement.
If a transaction is entered into between a buyer and seller that is the result of a mistake or error of Designs.com, buyer and seller each acknowledge that no purchase and sale agreement was entered into by buyer and seller and that, to the extent any agreement was entered into by buyer and seller, Designs.com reserves the right to void and/or invalidate any such agreement in its sole discretion.
We reserve the right to reject a listing on the Marketplace or to remove and blacklist listings with or without notice. We reserve the right to delete individual bids or offers we believe that such bids or offers were placed erroneously, by mistake, or are not to be a bona fide offer. We reserve the right to delete individual bids or offers if we believe that such bids or offers are fraudulent, fake, “shill” or otherwise not a bona fide offer. We may contact you to verify your identity, the validity of the offer or bid, or request documents to support the validity of your offer or bid.
A seller shall not enter a bid for its own logo or domain name and shall not instruct other persons to do so.
Users shall not circumvent or manipulate the Site’s fee structure, billing process, or fees owed, or cheat the Site’s systems in any manner whatsoever.
The payment of all applicable taxes, levies, or charges due to any governmental or non-governmental authority shall be the sole responsibility of the respective sellers and buyers. We shall have no liability whatsoever for such taxes, levies, or charges.
In case of a suspected breach of any of the terms contained herein, we reserve the right to withhold all payments owed to sellers until such breach is cured. We further reserve the right to make any chargeback or reversal payment from the sellers account in case any refund is payable to the buyer pertaining to a sale. We reserve the right to refund a buyer if a seller fails to perform for any reason.
Domain Name Marketplace Terms & Conditions
Buyers and sellers are responsible for conducting all research necessary to make themselves familiar with the rules, regulations and fees associated with the relevant registrar, top-level domain and any other relevant information about any domain name to be bought or sold through the Marketplace. We shall not be responsible for any domain name fees or liabilities.
A seller of a domain name must be the verified owner of the registration. A seller of a domain name shall not allow a domain name to expire such that a listing or sale on the Marketplace will be negatively impacted. A seller of a domain name shall not allow anything else to happen to a listed domain name such that a listing or sale on the Marketplace will be negatively impacted.
As a seller of a domain name on the Marketplace, you represent and warrant that: (i) you have registered, or have the exclusive right to register, the domain name with an appropriate registrar or other registration authority; (ii) your registration rights are current and not subject to deletion, cancellation, rescission, or deactivation; (iii) you have not taken any action that would impair your ability or right to transfer the domain name and no such action has been taken against you; (iv) the domain name has not been used in such a manner as to infringe the rights of any third party, including, but not limited to, trademark, naming or publicity rights; (v) the domain name is not the subject of any legal disputes or proceedings challenging your right to register or use the domain name; (vi) you will provide truthful and accurate information in the listing; and (vii) if your offer to sell and transfer the domain name is accepted, you will complete the transaction with a ready, willing, and able buyer.
Logo Marketplace Terms & Conditions
By listing any logo onto the Marketplace, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such logo for any purpose.
By listing any logo onto the Marketplace, you represent and warrant that: (a) you own or control all rights in and to the logo, (b) you have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, (c) you have the transfer the rights and/or grant the rights as transferred or granted in the purchase and sale agreement and any other relevant agreement between you and a Seller, (d) you have not taken any action that would impair your ability or right to transfer the logo and no such action has been taken against you; (e) the logo has not been used in such a manner as to infringe the rights of any third party, including, but not limited to, trademark, naming or publicity rights; (f) the logo and any associated intellectual property is not the subject of any legal disputes or proceedings challenging your right to sell the logo on the Marketplace; (g) you will provide truthful and accurate information in the listing; and (h) if your offer to sell and transfer the logo is accepted, you will complete the transaction with a ready, willing, and able buyer.
You will indemnify, defend, and hold harmless us, our affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from any and all claims, damages, liabilities, costs, losses, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party against an Indemnified Party relating to or arising out of a logo you post on the Site.
Sellers agree and undertake not to resell or offer to resell a logo sold through the Marketplace to anyone. However, the Seller may seek written permission from the Buyer to display the logo as part of his or her portfolio.
The deliverable logo must not include the Seller’s firm branding or any watermark of any kind whatsoever.
Seller must immediately advise us of any infringement or threatened infringement, unauthorized use, or attack or threatened attack on the validity of any intellectual property rights in connection with content it submits on the Site which may come to its attention and provide us such assistance as we may reasonably require in relation thereto.
Logo Maker Terms & Conditions
The terms in this section apply to anyone who uses the logo maker on the Site (the “Logo Maker”).
Throughout the process of developing a logo, the Logo maker may show you different designs and/or design concepts, however you have no right or license to use or copy any of the designs, or any element thereof, other than the final Logo, and only once it is paid for (if applicable).
THE USE OF THE LOGO MAKER IS AT YOUR OWN RISK. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE IN ANY WAY FOR ANY LOGO, INCLUDING BUT NOT LIMITED TO ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY LOGO OR ANY PART THEREOF. YOU AGREE AND INDEMNIFY AND HOLD US HARMLESS FROM ANY CLAIMS AND OTHER HARM RESULTING FROM YOUR USE OF A LOGO OBTAINED THROUGH THE LOGO MAKER.
WE STRONGLY RECOMMEND THAT YOU CONSULT WITH YOUR LAWYER AND/OR PERFORM APPROPRIATE DUE DILIGENCE TO DETERMINE THAT THE USE OF ANY LOGO DOES NOT OR WILL NOT INFRINGE OR VIOLATE ANY LAWS OR RIGHTS OF A THIRD PARTY AND MAY BE USED BY YOU.
You acknowledge and agree that you must evaluate, and bear all risks associated with, the use of any logo or part thereof, including, without limitation, the existence of any third-party rights that may exist in such logo.
Accessing the Site and Account Security
We may withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Our Intellectual Property Rights
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Designs.com, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Site.
Designs.com name, the Designs.com logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Designs.com or its affiliates or licensors. You must not use such marks without the prior written permission of Designs.com. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.
Rules of Conduct
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.
You will indemnify, defend, and hold harmless Designs.com, our Affiliates, and our respective directors, officers, employees, representatives, and agents (each an “Indemnified Party”) from any and all claims, damages, liabilities, costs, losses, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party against an Indemnified Party relating to or arising out of your User Contributions.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Designs.com, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.
We have the right to take any action with respect to any User Contribution in our sole discretion.
We do not undertake to review material before they are posted on the Site, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
User Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices should be sent to:
ATTN: Copyright DMCA Notice
2121 E. Tropicana Ave, STE2
Las Vegas, NV 89119
We suggest that you consult your legal advisor before submitting a notice or counter-notice.
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
We may update the content on this Site from time to time, but its content is not necessarily complete or up to date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DESIGNS.COM NOR ANY PERSON ASSOCIATED WITH DESIGNS.COM MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER DESIGNS.COM NOR ANYONE ASSOCIATED WITH DESIGNS.COM REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, DESIGNS.COM HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL DESIGNS.COM, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
This Site is operated by DesignContest LLC doing business as Designs.com.
All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: email@example.com