Terms and Conditions
ThePerfectDesign.com is owned and operated by ThePerfectDesign.com, LLC. ThePerfectDesign.com (hereafter described as "The Perfect Design" "Us" "Our" "We") provides the following terms and conditions for users ("You", "Your") of this site (ThePerfectDesign.com).
By signing up as a client of The Perfect Design or using the ThePerfectDesign.com site, you agree to be legally bound by these conditions. Please read these terms carefully. ThePerfectDesign.com may change these terms at anytime by updating this posting. You should visit this page periodically to review these conditions, as they are binding to you.
This document is for both Designers and Contest Holders, certain sections are addressed to one or the other, please see context to determine if it is referring to you.
Definitions used throughout this document and throughout the ThePerfectDesign.com site, including any email generated by the ThePerfectDesign.com site or ThePerfectDesign.com Staff:
- "Creative", "Designer", "Graphic Designer": An individual or business who submits creative material to contests on ThePerfectDesign.com.
- "Contest Holder", "Project Holder", "Client": An individual or business who has posted a contest on ThePerfectDesign.com
- "Contest": A creative contest or requiring Graphic Design entries.
- "Project": A Contest Holder defined grouping of contests.
- "Entry", "Design": A creative entry (written or designed) submitted to a contest by a Designer.
- "Winner": An entry that has been selected as a winner of a contest.
- "Prize", "Award": The amount established by the Contest Holder to be paid to the designer who is selected as the project winner.
You acknowledge and agree that ThePerfectDesign.com shall have the right (but not the obligation) in its sole discretion, to pre-screen, refuse or remove any contest and/or user provided content, including a contest entry, that violates these Terms and Conditions or is otherwise objectionable, including, without limitation, contests or content that is illegal, obscene, indecent, defamatory, incites religious, racial or ethnic hatred, or violates the rights of others. Activity that is brought to our attention which appears in our sole judgment to violate the law will be brought to the attention of the proper authorities. You acknowledge, consent and agree that ThePerfectDesign.com may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of ThePerfectDesign.com, its users and the public.
ThePerfectDesign.com strives to be a family friendly site, and as such, retains the right to refuse and refund, at our discretion, any contests or content that is:
- explicitly Adult in nature, or deemed inappropriate by ThePerfectDesign.com
- illegal, obscene, indecent, defamatory, incites religious, racial or ethnic hatred, or violates the rights of other.
Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, power failures, or website outages.
1. FINANCIAL INFORMATION:
2. PERSONAL INFORMATION:
You are solely responsible for the privacy of the information used to login to your account and ThePerfectDesign.com is not responsible in any way for misuse of your account or for payment being sent to the wrong person due to illegal access to your account by individuals using your login information. ThePerfectDesign.com reserves the right to freeze or hold payment on any funds owed to your account due to suspicious activity.
Regarding Contest Holders: Your full name may be displayed on ThePerfectDesign.com along with your contest, the rest of any personal information provided during the registration process, such as address and phone number, are used only for internal purposes by ThePerfectDesign.com.
Regarding Graphic Designers: Your full name, Country, and Sex may be displayed on ThePerfectDesign.com along with your contest entries, the rest of any registered information, such as address and phone number are used only for internal purposes by ThePerfectDesign.com with the exception of the following: ThePerfectDesign.com reserves the right to provide a Graphic Designer's registered contact information (including Full Name, Phone, Address etc.) to a Contest Holder who has selected that Graphic Designer's entry as a winning entry, once the Contest Holder has paid the prize in full, this is intended to provide the Contest Holder the ability to contact the Graphic Designer if they wish to hire them for future work, or if any questions of Entry originality arise.
3. OWNERSHIP OF SUBMITTED ENTRIES:
Any submitted entries remains the full property of the individual who has submitted it unless the entry has been selected as a contest "winner" and the prize payment has been made in full, with the exception that at no time may anyone except the submitting designer use, save, modify or display the artwork without the express permission of the designer, with the following exception:
ThePerfectDesign.com reserves the right to display any entry, winning or otherwise, in any advertising material (including the ThePerfectDesign.com website) intended to promote the ThePerfectDesign.com website, unless the submitting designer (or contest holder if it is a winning design) has expressly requested in writing that the entry not be used in any such way.
4. CONTEST HOLDER RESPONSIBILITY REGARDING ENTRIES:
You agree that you will have no ownership whatsoever of any submitted creative material, until you have selected a submitted entry as a "winner" and paid the prize for it in full. At that time, the Graphic Designer agrees (see section below) to transfer to you a royalty-free, irrevocable exclusive worldwide right to use "completed creative material" in any way whatsoever. The graphic designer retains the rights to display the winning entry in their portfolio and advertising as an example of the work they do. All entries NOT selected as a winner remain the full property of the submitting graphic designers.
You agree that if you do not select all prize winners within 7 days of contest end date, or within 7 days of awarding the 1st place prize, whichever comes first, you forfeit the right to select prizes for the contest. ThePerfectDesign.com will award the prizes per our own discretion. Payment of the prizes will be released to the Graphic Designers accordingly.
You also agree that any attempt to bypass the awarding of a prize by entering your own contest as a graphic designer is strictly prohibited, and is grounds for immediate account and contest termination, with no option for a refund. You may not, under any circumstances, participate in a contest that you or someone you know is running.
ThePerfectDesign.com is simply the "middle man" between you and the Designers participating on the ThePerfectDesign.com website. You hereby acknowledge that ThePerfectDesign.com shall have no obligation or duty to perform trademark, service mark or copyright searches or inquiries, or the like, in order to validate the propriety or legality of any submitted entry. Accordingly, you are encouraged to perform your own independent searches with regard to any submitted entries before selecting a "winner". Furthermore, you acknowledge that ThePerfectDesign.com shall have no responsibility or obligation of any kind to assist you in seeking state or federal intellectual property protection (i.e., without limitation, trademark or copyright registration) for the winning entry, nor shall ThePerfectDesign.com be responsible for otherwise assisting you in any way in your attempt to perfect your rights in, or to, the completed entry. You also agree that ThePerfectDesign.com is in no way responsible for assuring the originality of any creative work delivered, and that it is your full responsibility to research all creative work received by you before using it in any way. ThePerfectDesign.com is in no way responsible for any legal or financial difficulty of any kind incurred by using any service purchased through ThePerfectDesign.com.
5. DESIGNER RESPONSIBILITY REGARDING ENTRIES:
You retain all rights to any submitted creative material that has not been selected as a winner. By submitting entries to a contest you agree that if a contest holder selects your entry within 7 days of contest completion and makes payment of the prize in full you will transfer to the contest holder a royalty-free, irrevocable exclusive worldwide right to use "completed creative material" in any way whatsoever, you (the graphic designer) retain the rights to display the work in your portfolio and advertising as an example of the work you do. You also agree that if your entry is chosen as a "winner" that you will upload the artwork file(s) in the agreed to format as indicated in the contest handover process.
6. SUBMITTING ENTRIES TO THE SITE:
Graphic Designers: No entries may be submitted that you did not create 100% from scratch and are your own unique creation and contain (to the best of your knowledge) no copyright or trademarked images or symbols in them. The only exception to this would be if the Contest Holder has requested you to include a specific existing design that they hold the rights to. Submitting an entry that does not follow the above guidelines is reason for immediate account closure and indefinite freezing of any funds in the offending Designer's account.
Contest Holders: You agree that any attempt to bypass the awarding of a prize by entering your own contest as a designer is strictly prohibited, and is grounds for immediate account and contest termination, with no option for a refund. You may not, under any circumstances, participate in a contest that you or someone you know is running.
ThePerfectDesign.com strives hard to meet the needs of all it's site users (Contest Holders and Graphic Designers). As such the following guarantees and refund policies have been established.
Contest Holders are guaranteed to receive at least 25 entries during the course of their contest. If they don't receive 25 or more entries at the time the contest ends, they are entitled to a refund of all monies paid during contest creation except the contest listing fee. The contest listing fee will only be refunded to a Contest Holder if a contest receives less than 10 total entries over the course of the contest duration.
After a contest has received 25 entries, regardless of entry withdrawals or eliminations, the contest holder will no longer have the option for a refund.
After a contest holder awards the prizes in a contest they will no longer have the option for a refund.
8. GUARANTEED CONTESTS:
Contests receiveing 25 or more entries are "guaranteed". This means that the contest holder is bound to select a prize winners associated with their contest within 7 days of contest completion. In this sense, graphic designers are guaranteed that the prize monies that a contest holder has established will be awarded in good faith.
In the case that a contest holder does not select a winner or winners in a guaranteed contest, ThePerfectDesign.com will select the winners and award the corresponding prizes.
9. CHARGEBACKS AND PAYPAL DISPUTES:
You agree not to file a chargeback or open a PayPal Dispute for any reason. Any PayPal Disputes or chargeback issues are turned over to an external collection agency and may be pursued to the full extent of the law.
10. PAYMENT TO DESIGNERS:
Upon a submitted entry being selected as a "winning entry", the designer uploading the required files, the acceptance by the contest holder of the uploaded files, and the designer selecting a preferred payment option in ThePerfectDesign.com handover interface, the designer shall have right to the total amount of the prize. Unless otherwise agreed to by the designer and ThePerfectDesign.com in writing (including by electronic mail), the full amount of the prize shall be transmitted to the designer by ThePerfectDesign.com within 7 working business days of payment preference selection. You must have a valid and current account with at least one of the following payment services to receive payment: PayPal, Western Union, Xoom, or Money Bookers. Notwithstanding the foregoing, ThePerfectDesign.com shall not be liable for any payment based on: (a) any amounts which result from stolen or copyright winning entries, as reasonably determined by ThePerfectDesign.com or any payment record that ThePerfectDesign.com finds to be fraudulent. ThePerfectDesign.com reserves the right to withhold payment or charge back your account due to any of the foregoing or any breach of this Agreement by you, pending ThePerfectDesign.com's reasonable investigation, or in the event that an Contest Holder who is responsible for the prize payment defaults on payment for the designs to ThePerfectDesign.com. In addition, if you are past due on any payment to ThePerfectDesign.com in connection with the ThePerfectDesign.com Service, ThePerfectDesign.com reserves the right to withhold payment until all outstanding payments have been made or to offset amounts owed to you in connection with the Service by amounts owed by you to ThePerfectDesign.com. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. ThePerfectDesign.com may change its pricing and/or payment structure at any time. ThePerfectDesign.com requires that you provide certain information (including but not limited to full name, physical address, and email) before any payments will be made. If you dispute any payment made under the Service, you must notify ThePerfectDesign.com in writing within thirty (30) days of any such payment; failure to so notify ThePerfectDesign.com shall result in the waiver by you of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by ThePerfectDesign.com. No other measurements or statistics of any kind shall be accepted by ThePerfectDesign.com or have any effect under this Agreement. The payments made under this Agreement are for use by you only and may not be transferred or in any manner passed on to any third party unless expressly authorized in writing by ThePerfectDesign.com (including by electronic mail).
11. NO WARRANTY:
THEPERFECTDESIGN.COM MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO ADVERTISING, CODE, POSTS, EMAIL, OR OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE.
12. LIMITATIONS ON LIABILITY, FORCE MAJEURE
EXCEPT FOR ANY INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS HEREUNDER OR YOUR BREACH OF ANY INTELLECTUAL PROPERTY RIGHTS AND/OR PROPRIETARY INTERESTS RELATING TO THE SERVICE, (i) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND (ii) THEPERFECTDESIGN.COM'S AGGREGATE LIABILITY TO ANY CREATIVES OR COMPANIES OUTSOURCING THEIR WORK TO THEPERFECTDESIGN.COM.
THEPERFECTDESIGN.COM IS NOT RESPONSIBLE FOR THE LOSS OR THEFT OF ANY PERSONAL INFORMATION OF PERSONS REGISTERED AT HTTP://WWW.THEPERFECTDESIGN.COM DUE TO THE THEPERFECTDESIGN.COM WEBSITE, SCRIPT OR DATABASE BEING HACKED, DAMAGED, OR ILLEGALLY ACCESSED.
13. Miscellaneous Provisions
(b) Amendment. No modification, amendment, or waiver of these Terms and Conditions or any part hereof shall be binding unless evidenced in writing and signed by ThePerfectDesign.com.
(c) Severability. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such provision shall be deemed null and void, but the remaining provisions shall continue in full force without being impaired or invalidated in any way.
(d) Mutual Participation. The language of these Terms and Conditions shall be deemed to be the language mutually chosen by the parties and no rule of strict construction shall be applied against or in favor of either party hereto.
(e) Headings. The section headings and other headings contained herein shall not affect the meaning or interpretation of these Terms and Conditions.
(f) Choice of Law; Forum. These Terms and Conditions shall be governed by the substantive law of the State of Texas, without reference to any choice of law rules that would result in the application of the substantive law of any other jurisdiction. The parties agree that any disputes arising out of or relating to these Terms and Conditions shall be submitted to the federal courts having jurisdiction in Houston, Texas, or state courts having jurisdiction in the area in which such federal courts have jurisdiction, and the parties consent to the personal jurisdiction of such courts with respect to such disputes.
(g) Assignment. You may not assign or otherwise transfer (by operation of law or otherwise) any of your rights or duties hereunder unless ThePerfectDesign.com agrees in writing after receiving prior written notice. Any attempted assignment or other transfer without the requisite consent shall be null and void ab initio. ThePerfectDesign.com may assign or otherwise transfer any of its rights or the performance of any of its duties without your consent.
(h) Waiver. The waiver by ThePerfectDesign.com of a breach or a violation of any provision of these Terms and Conditions shall not operate as or be construed to be a waiver of any subsequent breach or violation of any provision of these Terms and Conditions.
(i) Independent Contractors. The parties and their respective personnel are and shall be independent contracts and neither party by virtue of these Terms and Conditions shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.
(j) Force Majeure. If the performance of any part of these Terms and Conditions by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that such performance is prevented, hindered or delayed by such causes.
(k) Capacity. The parties hereby warrant and represent that they have all necessary rights and authority to execute these Terms and Conditions and to fulfill their obligations hereunder.
(l) Further Assurances. The parties hereto shall, at their own cost and expenses, execute and deliver such other documents, artwork, programming code and instruments and shall take such other action as may reasonably be required or appropriate to evidence or carry out the intent and purposes of these Terms and Conditions.