In case you are located in the United States this Agreement requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.
BRANDIT provides an online platform that helps connect customers who wish to purchase designs (“Customers”) and designers who wish to provide such designs (“Designers”), including, for example, through Design Contests, the Ready-made Design Store, the Project Service, and Tasks (each as defined below and collectively, the “Services”). “User” means any user of the Site or Service, and may be a Designer or a Customer. If you are a User, the provisions in this Agreement regarding Users apply to you. If you are also a Customer, further the provisions in this Agreement regarding Customers apply to you. If you are also a Designer, further the provisions in this Agreement regarding Designers apply to you. “Sold Design” means the applicable winning Design Concept, purchased Design Template (and any customized version thereof), or the design sold under the Project Service. “Sale” means the applicable sale. “IPR” means all trade secrets, copyrights, trademarks, mask work rights, patents and other intellectual property rights recognized by the laws of any country.
1.2 Design Contest.
(a) Customer may create a design contest (“Design Contest”) by creating a design brief (“Design Brief”), paying the Customer Payment and following the other instructions on the Site. The Design Brief must clearly specify the requirements for the Design Contest, such that Designers clearly know the rules and criteria on which their Design Concepts will be judged. There are currently two types of Design Contests: (1) the default Pre-Paid Contest and (2) the Guaranteed Contest. Designers invited by BRANDIT (in BRANDIT’ sole discretion) to enter a Design Contest may submit design concepts (“Design Concepts”) in the format specified by BRANDIT by following the instructions on the Site. Design Concepts must comply with the Design Brief. (b) For Guaranteed Contests, Customer must select one or more winning Design Concepts by a certain time specified by BRANDIT. If no winner is selected in the qualifying round of a Guaranteed Contest, BRANDIT will retain the Customer Payment, BRANDIT will distribute the Designer Fee equally among the Designers who participated in the Guaranteed Contest and who have won a Design Contest in the past and who have not breached this Agreement, and Customer will have no right to a refund or to use the Design Concepts. If no winner is selected in the final round of a Guaranteed Contest, BRANDIT will retain the Customer Payment, BRANDIT will distribute the Designer Fee equally among the finalists who satisfy criteria determined by BRANDIT’ in its sole discretion, in the final round of the Guaranteed Contest, and Customer will have no right to a refund or to use the Design Concepts. (c) For Pre-Paid Contests, Customer must select one or more winning Design Concepts by the time the Pre-Paid Contest closes. Customer may withdraw Pre-Paid Contest (but not a Guaranteed Contest) for a refund of the Customer Payment before entering the final round and before the close of the Pre-Paid Contest. Customer may additionally seek a refund of the Customer Payment for a Pre-Paid Contest (but not a Guaranteed Contest) at any time up to 60 days after the date of payment for the Pre-Paid Contest, but only if finalists were not chosen by Customer. (d) For the avoidance of doubt, Customer has no right or license to use any Design Concepts other than the Sold Design. Customer may not: (a) run a Design Contest if Customer is tendering the creation of the same design through a service other than the Site (this Section (a) does not apply to customers located in the EEA); (b) allow or request Designers to submit Design Concepts to Customer via any means other than via the Site; and (c) collude in relation to the awarding of a winner in a Design Contest or awarding a separate account held by Customer as the successful Designer in a Design Contest. Customers and Designers must deal on an arm’s length basis Customer may not cancel any Design Contest for the purpose of contracting separately with a Designer who Customer meets through the Site which results in Customer avoiding paying BRANDIT any Customer Payment or any fees and charges of BRANDIT. (e)Some jurisdictions provide Customer certain mandatory statutory rights (e.g., right to supplementary performance (e.g., rectification or replacement), right for a refund, right to withdrawal, right to reduce the price and right to damages in case the Design Concepts are defective) (collectively, “Mandatory Statutory Rights”) which remain unaffected.