Terms and Conditions of Use
Effective as from 13th February 2009
1. Acceptance of Terms and Conditions
If you have any questions regarding these Terms and Conditions of Use, contact us at email@example.com
This document (the “Agreement”) is a legally binding agreement between you and Canidesign that governs your use of Canidesign website (as defined below), both available at the Canidesign website. The Canidesign website can be accessed as a free-to-register website that allows registered user to submit designs to be judged either by us,(Members of the Canidesign team) or the client who’s competition you have entered or sometimes both. Please note that you must read and agree to the terms and conditions of this Agreement before you use the Canidesign website. If you do not agree to the terms and conditions of the Agreement, you may NOT use the Canidesign website
2. Basic information
THE MATERIALS AND SERVICES ON OUR WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVER(S) THAT MAKES OUR WEB SITE AVAILABLE OR ANY ADVERTISED OR HYPERLINKED SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT OUR SITE, SERVER(S), ADVERTISED OR HYPERLINKED SITES WILL BE ACCESSIBLE AT ALL TIMES. WE DO NOT WARRANT THAT SUCH ERRORS, DEFECTS OR INTERRUPTIONS IN SERVICE WILL NOT AFFECT THE RESULTS OF OUR COMPETITIONS, AND WE DISCLAIM ANY RESPONSIBILITY FOR REDUCED PERFORMANCE IN COMPETITIONS DUE TO SUCH PROBLEMS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF OUR WEB SITE WITH RESPECT TO CORRECTNESS, ACCURACY, RELIABILITY, GRAPHICS, LINKS OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Documents, graphics and other materials appearing at our Web site may include technical inaccuracies, typographical errors, and out-of-date information and use of such documents, graphics or other materials is at your own risk.
4. Limitation of Liability
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CANIDESIGN SHALL NOT BE LIABLE FOR ANY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF WINNINGS, DATA OR OTHER DAMAGE TO ANY OTHER INTANGIBLE PROPERTY, EVEN IF CANIDESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (i) THE USE OR INABILITY TO USE THIS WEB SITE, (ii) THE DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, (iii) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY OR (iv) ANY OTHER MATTER RELATING TO CANIDESIGN.
5. Changes to the Agreement
Canidesign reserves a right to make changes to this Agreement at its sole discretion. Any material changes will be posted on the Canidesign.com website and it is your responsibility to check the website for such postings from time to time. The continued use of Canidesign after the posting of changes to this Agreement will constitute an acceptance of such changes.
6. Submission of work/works.
By ticking the “Submit” or “enter work” box you agree to pay the fee for access to the applicable Canidesign competition. By entering, you confirm that you are authorised to make such purchase and that you are the holder of such credit card (i.e. that the credit card is issued in your name), or by any other means of payment. All prices stated on the Canidesign website are inclusive of VAT and other applicable taxes and fees.
7. Payment methods
Canidesign accepts payment to Canidesign@paypall.com
Canidesign reserves the right to change the price for the competition entry at any time. Such changed price will take immediate effect and replace and previous price. Any new prices will be posted on the Canidesign website and it is your responsibility to check the website for such postings from time to time. If you do not wish to be bound by such changed price relating to competition entry you may terminate your registration in accordance with what is stated in Section 12 (Term and termination).You can subscribe and enter as many or as few times as you like for any of the current competitions The continued use of the Canidesign website after the posting of a new price constitutes an acceptance of such new price.
9. Membership renewal
To optimise the site, you may be asked to renew your membership. This is of course free. This allows the Canidesign team to optimise its member’s requirements and delete non users.
10. Cooling-off period
When you subscribe and submit you work or works to Canidesign, you agree and understand that once you have paid and submitted your work or works you will not have a right to cancel or withdraw from the submission.
11. Links to Other Web Sites and Services
To the extent that our Web site contains links to other Web sites and outside services and resources, we do not control the availability and content of those Web sites, services or resources, nor do we necessarily review or endorse materials available at or through such other Web sites. Viewing other Web sites or utilizing outside services and resources is done at your own risk. We shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
12. Materials Posted by Visitors
Except as otherwise specified in the Official Rules and Regulations or other documentation pertaining to a Competition, you retain any rights to ownership in any materials posted, uploaded or otherwise sent to our Web site by you; Canidesign will not gain ownership rights to this material. By posting, uploading or otherwise sending any source code to us or our Web site, you grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce and publish such code into any form, medium or technology, including the right, at Canidesign’s sole discretion, to distribute such code to be published by third parties.
With respect to any other material posted, uploaded or otherwise sent, except as otherwise specified in the Official Rules and Regulations or other documentation pertaining to a Competition, you grant (or warrant that the owner of such rights has expressly granted) us the same license as set forth above, with the additional license to modify, adapt, translate, create derivative works from, and distribute such materials or incorporate such materials into any form, medium or technology, including the right, at Canidesign's sole discretion, to distribute such materials to be published by third parties.
You waive any and all moral rights, including, without limitation, any rights arising under Chapter 7 of the Copyright and Related Rights Act 2000 applicable to European Union residents, and all rights of a similar nature in any jurisdiction in any material, including source code, which you post, upload or otherwise send to Canidesign or it's Web site, such waivers being in favour of Canidesign.
You are also prohibited from posting or otherwise uploading to our Web site: any material that infringes on any copyright, trademark or other proprietary rights of another (including publicity and privacy rights); material that is obscene, offensive, libellous, pornographic, threatening, abusive, contains illegal content, or is otherwise objectionable, that would constitute or encourage a criminal offence, or that would otherwise give rise to liability or violates any law. You also represent that you have all necessary rights to use any material that you post or otherwise upload to our Web site.
In the even that you do win you are bound by agreement to assign any and all intellectual property, design copyrights and patents to the appropriate client at no charge.
You are further forbidden from distributing or otherwise publishing any material on our Web site that contains any solicitation of funds, promotion, employment, advertising, or solicitation for goods or services; sending unsolicited commercial e-mail and other advertising, promotional materials or other forms of solicitation to other users of this site; harvesting names and e-mail addresses from other users of this site without their permission; soliciting passwords from other users; impersonating other users; or sending viruses or other destructive or expropriating content.
We reserve the right to remove any postings or other uploaded materials in response to complaints of infringement, obscenity or defamation or to otherwise review or edit such materials as appropriate, in our sole discretion and without notice.
13. Restrictions of use and site conduct.
For the avoidance of doubt, you agree that you may not (without limitation):
i. copy, reproduce, “rip”, record, make available to the public or otherwise use any part of the Canyoudesign website, in a manner not expressly permitted under this Agreement;
ii. provide your password to any other person or use any other person's user name and password;
iii. reverse-engineer, decompile, disassemble, modify or create derivative works based on the Canidesign website
iv. circumvent, damage alter or ‘hack’ any technology or pages used by Canidesign
v. use the Canidesign submission or registration process in a way that violates the terms of this Agreement.
In addition to the above, you agree to take all reasonable care to prevent unauthorized use of the Canidesign website
If you are contacted by a third-party regarding employment opportunities and/or media interest as a result in your participation in Canidesign Competitions, you agree to promptly notify Canidesign of such contact. You also agree not to alter or tamper with any information or materials on, or associated with our Web site or services provided on or through our Web site.
We do not necessarily endorse, support, sanction, encourage, verify or agree with the comments, opinions, or other statements made public at our Web site by users through our Competitions, forums or other interactive services available at our Web site. Any information or material sent by users to any forums, including advice and opinions, represents the views and is the responsibility of those users and does not necessarily represent our views.
You agree that no impediment exists to you joining the Canidesign Web site, and your participation in Canidesign’s Web site and the Competitions it offers will not interfere with your performance of any other agreement or obligation which has been or will be made with any third party.
14. Customer support
If you have any questions concerning the Canidesign website, the Canidesign process or this Agreement, please contact Canidesign customer service by visiting the contact us.
15. Termination and Exclusion
You can unsubscribe to Canidesign at anytime and there are no incurred costs to do this.
16. Copyright, Trademark and Other Intellectual Property
Except as otherwise indicated, this Web site and its entire contents (including, but not limited to, the text, photographs, information, software, graphics, images, sound, and animation). All copyrightable text and graphics, the selection, arrangement, and presentation of all materials (including information in the public domain), and the overall design of this Web site are ©2009 Canidesign. All rights reserved.
We hereby give you permission to download and print materials from this Web site for the sole purposes of viewing, reading, and retaining for reference the materials for non-commercial use. Any other copying, distribution, retransmission, or modification of information or materials on this Web site, whether in electronic or other form, without our express prior written permission is strictly prohibited. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the material on this Web site. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable laws.
All trademarks, service marks, and trade names are proprietary to us or other respective owners that have granted us the right and license to use their marks.
We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our sole discretion, terminate the access of users who infringe the copyright rights of others.
If you believe that your work has been copied and is accessible at our Web site in a way that constitutes copyright infringement, or that our Web site contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify us by the following methods:
BY E-MAIL: firstname.lastname@example.org BY MAIL: Copyright Department Unit 9 Admiralty House, Platform Road, Southampton SO14 3FU BY PHONE: 02380337337 We reserve the right to block persistent offenders of intellectual property theft from the accessing the Canidesign Web site.
17. Limitation of liability
In no event shall Canidesign, its affiliates, officers, directors and employees be liable for any indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption, computer failure or pecuniary loss) arising out of the use of or inability to use the Canidesign website, including any damages resulting there from.
18. Indemnity and Release
You agree to indemnify and hold Canidesign and its officers, directors, employees and licensors harmless from any claim or demand made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement or your violation of any laws, regulations or third party rights. In addition, you hereby release us and any parent, subsidiary, sponsor or affiliated entities, our officers and employees, and officers and employees of any parent, subsidiary, sponsor or affiliated entities from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that you may have against them arising out of or in any way related to such disputes and/or to any services or products available at our Web site. You hereby agree to waive all laws that may limit the efficacy of such releases.
20. Assignment by Canyoudesign
Canidesign has a right to assign this Agreement or any part thereof without restrictions.
Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.
22. Choice of Law and Forum
23. Governing law and disputes
This Agreement shall be governed and construed in accordance with the substantive laws of England. Any dispute, controversy or claim arising out of or in connection with this Agreement will be subject to the jurisdiction of the courts of England.
Copyright © 2009 Canidesign. All rights reserved.