TERMS FOR LOGO DESIGNERS
Domainpa is a company is a division of Healthorough LLC registered under the laws of California State, having its head office at 5790 Cohasset Way, San Jose CA 95123, USA (hereinafter referred to as “We” “Us”). We operate the website www.Domainpa.com
OUR BUSINESS RELATIONSHIP WITH YOU
- These General terms and Conditions (hereinafter the”Seller’s Terms”) and our general terms and Conditions that may apply to you if you are a seller on Domainpa the website (the”Seller”). To become a Dealer, you will need to register and create a user account on the website. The User agrees to the offer and sale of domain names on the Domainpa website and / or the purchaser (the”Purchaser”), in accordance with the Seller’s Terms and conditions of use (hereinafter referred to as the “Agreement”).
- The terms and conditions of this Agreement shall apply, to the exclusion of all other terms and conditions which you are trying to play or incorporate, or which are related to the trade, custom, practice or course of the execution of the transaction.
- This agreement/Contract is entered into between you and us with respect to the subject matter. You acknowledge and agree that you are not relying on any representations, promises, warranties, guarantees, representations, or warranties not set forth in this Agreement.
- Once you have a developer you are, and we will allocate to the project, on the basis of the structure of the Domainpa design. The selected level will be determined on how you can use it to create a logo design.
- The Majority of designers starting with a “Bronze”. If this percentage is more, you can level up to unlock more, respectively.
- Follow the on-screen instructions to create a logo for use by us to the Domain of the Vendor the sale (the “Logo”) on the Site.
- It is essential for the development of a logo to be in line with the Domainpa Guidelines for the Logo Development.
- We show a number of designers and marketers work together to create a logo for use by the Seller of the domain. Both parties are required to comply with the Domainpa Rules the Projects in order to make the logo as they are not allowed to use any of the Domainpa marketplace of character to this site.
YOUR USE OF THE SITE
- The description or pictures on our site may be published, but only to give you an idea of the services that are referenced in them. They do not form part of the Contract, and will not be enforced.
- We reserve the right to make changes to the Logo(s) used on the website, as this is required by the applicable laws, rules or regulations, or if these changes do not significantly affect the nature or quality of the Logo.
- The User is responsible for ensuring that: (a) when The Logo is complete and accurate; and (b) cooperate with us in all matters that relate to the Logos; and (c) you provide to us such information and materials as we may reasonably require in order to have the company Logo to the Buyer, or the Seller, and ensures that this information is complete and accurate in all material respects; and (d) obtain and maintain all necessary licenses, permits, to and consents which may be required in order to work with the Logo of the date on which the Logo is available on the website; and (d) the User shall comply with all applicable laws, rules, and regulations.
- In the Event that our ability to make a Logo on your Site, it will prevent or slow down in any case of non-respect by the user of the obligations set out in article 5.1 (or “Your Bankruptcy proceedings”) that: (a) we shall have the right to suspend any further provision of the other Logos on the Site to resolve Your Bankruptcy, in each case, to the extent that Your Bankruptcy may prevent or slow down the use of the Logo. In certain circumstances, such non-performance and can provide us with the right to withdraw from this Contract, in accordance with article 11; or (b) we shall not be liable for any cost or damage which you incur, either directly or indirectly, as a result of our negligence, or for any delay in the delivery of, for example, be in the like circumstances; and (c) the user shall be responsible for the return shipping on us, and, upon written request, any and all costs, or losses or expenses, whether direct or indirect, as a result of non-compliance.
- The User is obliged to keep their email address up-to-date, so that they can be listed in conjunction with your Logo on it. You can use this information to update you on “ Account settings. Your e-mail address is not available, or if you do not receive a timely response from the Logo, and we reserve the right to close your account and remove your company Logo on this Site.
FEES & РАYMENT
- Unless otherwise agreed, we will issue you a minimum of $ 5 USD per logo, upon completion of each Logo.
- All payments are made to you via PayPal within 30 days of the completion of the Logo.
INTELLECTUAL PROPERTY RIGHTS
- All intellectual property rights in or arising out of or in connection with use of the Website and the Domainpa’s website will be owned by us.
- We agree to grant you a fully paid-up, worldwide, non-exclusive, non-transferable, royalty-free licence during the term of the Agreement to use the Domainpa’s website via our Website for the purpose of providing Services to Buyers. You may not sub-license, assign or otherwise transfer the rights granted in this clause.
- You agree to grant us a fully paid-up, worldwide, non-exclusive, non-transferable, royalty-free, licence to copy and modify any materials provided by you to us for the term of the Agreement for the purpose of providing the Services to Buyers.
- When you list a domain name for sale on the Website you warrant that: (a) you are the legal owner of that domain name; (b) you have the right to sell the domain name; and (c) that the domain name does not infringe the intellectual property rights of any third party. Before listing a domain name for sale, you are responsible and liable for conducting the necessary research to ensure that the domain name you are selling does not infringe the intellectual property rights of any third party. If a domain is found to potentially conflict with an existing trademark, that domain name may be removed from the Domainpa’s website until legal clarification has been obtained. We reserve the right to remove any domains from the Domainpa’s website which may infringe or violate the proprietary rights of any third party.
- The copyright for all logos offered for sale via the Website is owned by the designer (“Designer”) until a design is approved and final assets are provided by the Designer. At that point, the copyright for the approved design is transferred to us. You cannot use or resell designs completed by the Designer (nor they can use the approved logos in the personal portfolios). When a domain name is purchased via the Domainpa’s website by a Buyer, the copyright for the logo is transferred from us to the domain’s new owner. Logos developed in the Domainpa’s website cannot be used on other online or offline websites that sell domain names or marketplaces unless the domain name was sold via the Website.
- We will use any personal data you provide to us: (a) to facilitate the design of the Merchant logo; (b) consider Logo payments for you, and (c) inform you of similar products or services we offer.
LIMITATION OF LIABILITY
- There is nothing in the agreement that covers any liability that is not legally binding, including liability for: (a) negligent death or injury; (b) fraud or misrepresentation.
- Subject to clause 10.1, we will not be liable to you, whether in the agreement, for harassment (including negligence), for breach of duty, or otherwise, arising from or in connection with the Agreement: (a) loss of profits; (b) loss of sales or business; (c) loss of contracts or contracts; (d) anticipated loss of savings; (e) loss of use or damage to software, data or data; (f) loss or damage of interest; and (g) any indirect or subsequent losses.
- Subject to clauses 10.1 and 10.2, our full liability to you arising from or in connection with the Agreement, whether in the agreement, harassment (including negligence), breach of duty, or otherwise, will be limited to 100% of the total payment paid to you by the Logos concerned under contract.
- Unless you have informed us that you intend to file a claim in respect of the event during the notice period, we will not be liable for that event. The event notification period will start on the date you started, or should have been, to know about the event that occurred and will expire in 12 months from that date. The notice must be in writing and identify the event and the reasons for the claim with the relevant details.
- Each person undertakes to never disclose to any other person the confidential information relating to business, affairs, customers, clients or suppliers, except in the case of clause.
- Each person may disclose another person’s confidential information: (a) to our relevant employees, officers, representatives, subcontractors or advisers who need to know such information in order to fulfill our obligations under this Agreement. We will ensure individually that those employees, officers, agents, subcontractors or advisers comply with this clause; and (b) as may be required by law, a court of competent jurisdiction or any government or regulatory authority.
- Each of us may only use the confidential information of another for the purpose of fulfilling our obligations under the agreement.
- Without limiting any of our other rights, we may suspend your use of the Domainpa.com Website or Market, or terminate this Agreement immediately by giving written notice if: (a) you infringe any right of the agreement and for 14 days you have been notified in writing to do so; (b) fails to pay any amount due under this Agreement on the date of payment; (c) takes any action or action in connection with the entry into administration, temporary closure or formation or arrangement with creditors (other than in connection with the reconstruction of solvent), closure (either voluntarily or by court order, except for the purpose of solvent reconstruction), to have a recipient designated any of your assets or ceased to carry on business [or, if the action or action is taken in another jurisdiction, in respect of any similar procedure to the appropriate authority]; (d) suspend, threaten to suspend, terminate or threaten to terminate any part of your business; or (e) your financial situation is so bad that in our view your ability to adequately fulfill your obligations under this Agreement is jeopardized.
- Termination of the agreement will not affect your rights and our accumulated remedies as a termination.
- Any provision of this Agreement that is expressly intended or implied to take effect or remain in force before or after termination will remain in full force and effect.
- We will not be responsible for any failure to perform, or delay in performance of our obligations under the Contract caused by an act or an event that is beyond our reasonable control (“force majeure event”).
- In the event of a force majeure event affecting the performance of our obligations under the terms of the Agreement, to: (a) we will get back to you as soon as possible; and (b) our obligations arising from a Contract will be suspended and the period of performance will be extended for the duration of the force majeure event.
СОMMUNIСАTIОNS BETWEEN US
- If we have to say “written” in these terms, this includes e-mail.
- Any notice or other communication to be in line with, or related to, this Agreement must be in writing and delivered in person, in advance, by first-class mail or other delivery service to next day delivery, or by e-mail.
- A notice or other communication shall be deemed to have been received if: (a) it shall be delivered in person, by signing the acknowledgement of receipt; and (b) it has been pre-published in first-class mail or other delivery service on the following working day from 9: 00 a.m. on the second business day after posting; or (c) it is sent to you by e-mail at 9: 00 a.m. on the first working day after the date of dispatch.
- For the services, of any notice, it shall be sufficient to prove, and if the letter has been sent correctly, that such letter was stamped and placed in the post box, and in the letter, that such letter was sent to the specified e-mail address of the recipient.
- The provisions of this paragraph shall not apply to processing carried out by any judicial process or any other documents in any legal proceedings.
- We may assign or transfer our rights and obligations under this Agreement to any other person, however we will always notify you, in writing, or by a posting on this page, as it will happen. You can also assign or transfer any of your rights or obligations under this Agreement to any other person and we have to have our prior written consent.
- We may make changes to the Design or the General terms and Conditions of notification of this within the 30-day e-mail. All of the changes made shall be deemed to have been accepted and shall enter into force upon the expiry of the 30-day notice period, unless you cancel the Contract prior to the expiration of the 30-day notice period.
- Where we do not claim that any of our obligations under this Agreement are not met, or if we do not enforce our rights against you, or if we are of the opinion that this does not mean that we have waived our rights against you, or that you do not need to comply with these obligations. If we waive any rights, we will only do so in writing, and it does not mean that we will automatically waive any rights associated with each of the following to you.
- Each of the members of the Project, Conditions of a separate work. If any court or competent authority decides that any of them are unlawful or unenforceable, the other parts shall remain in full force and effect.
- The Contract between you and us. No other person, may apply to the terms and conditions.
- This Agreement shall be governed by California State and each and every one of us unconditionally, and any and all disputes arising out of or relating to this Agreement to the exclusive jurisdiction of the California State courts.