Last updated on: 30th of September 2013
INDIVIDUAL ARBITRATION IS REQUIRED TO THIS AGREEMENT IN ORDER TO RESOLVE ANY DISPUTES INSTEAD OF HAVING JURY TRIALS, CLASS ACTIONS, AND THE LIKE. THIS MEANS THAT REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE IS LIMITED TO INDIVIDUAL ARBITRATION OF THE INVOLVED PARTIES.
TarsierGraphics.com is an online platform where customers (people who want to buy designs) and designers (those that will provide designs) connect. You may use the Site to access services such as participate on Design Contests, purchase from the Pre Design Store, and use the Invoice Service, all of which can be accessed under the “Services” section.
In a Design Contest, the Designer who has the winning Design Concept, as chosen by the customer, is called as the “Selling Designer”. The same term is applied to the Designer who owns the Design Template, which the Customer purchases from the Pre Design Store. The Customer who acquires the design from the Selling Designer is called as the “Buying Customer”. “Sold Design” is either the purchased Design from the Pre Design Store or the sold customised version of the Design Concept or the purchased design from the Design Contest. The term “Sale” is used for designs that are under the terms set for an applicable sale. “IPR” on the other hand refers to the Intellectual Property Rights as recognised by the law. IPR includes all trademarks, patents, trade secrets, work rights, and copyrights applied on the Design Concept.
1.2. Pre Design Store.
Design Templates by the Designers may be put up for sale on the Pre Design Store on the Site. Following the instructions on creating a listing and uploading the Design Concept on the Site, the Design Template may be accessed on the Pre Design Store under the Services section of TarsierGraphics.com. A specified file format should be followed in uploading the Design Concept. Tarsier Graphics has the right to either modify or remove a Design Template from the Pre Design Store should there be any conflict that arises. It is the sole discretion of the Site to not include the Design Template if it does not meet the given quality standards. Disputes on the pricing and modifications of the Design Template may be used as grounds for removal of the design from the Pre Design Store. The Designer may decide to remove any of his Design Template, if he does not agree with the modification and pricing standards of Tarsier Graphics. Listing a Design Template at the Pre Design Store means that the Designer grants Tarsier Graphics an exclusive right to sell the Design Template. The Designer has no right to market or sell a Design Template that is listed on the Site to other similar sites or individual.
The Designer is given two rounds of customisation of the Design Template with the specific instructions and modifications of the design specified by the Customer. Each round of customisation must be delivered within 24 hours of customisation instructions receipt. Failure to deliver after this period may result to cancellation of the sale. Tarsier Graphics, at its discretion, may either perform the customisations on its own or have subcontractors do the job. On this note, the Designer forfeits 30% of the Designer Fee from this type of sale.
A notice of rejection should be submitted within 48 hours of delivery by the Customer if he does not accept the customisations made on the Design Template. Unless a notice of rejection is received, the Design is deemed accepted and sold to the Customer. The Designer has at least 30 days to modify or change any flaw in the design specifications. After this time when the Designer is unable to do so, the Customer has to be refunded for his payment for the design but does not get any right to use the design in any way. Tarsier Graphics has the sole and absolute discretion of accepting notice of rejections and should they be unwarranted, Tarsier Graphics will determine the design as accepted and sold to the customer and such decision is definite and conclusive.
1.3. Invoice Service.
Tarsier Graphics provides the Designers with an Invoice Service to be able to sell designs outside the Site. There is a One-to-One invoice service which can be used to send invoices to individual Customers as directed on the Site. The Customers, on the other hand, may also use the Invoice Service to request for the sale invoice from the Designers.
Directions on how to request invoices from the Designers can be found on the Site. It is the sole discretion of Tarsier Graphics to restrict Customers from requesting invoices and at the same time restrict the Designers from creating invoices through the Invoice Services. Tarsier Graphics has the right to remove invoices and impose or modify applicable fees upon using Invoice Services. Tarsier Graphics may not be involved with any disagreement between the Users who utilise the Invoice Service. The Invoice Service is simply an avenue to request and provide invoice and cannot be held liable should there be a disagreement between the Customer and the Designer. If any of the Users do not agree with these terms, they may refrain from using the Invoice Service.
The Customer has full responsibility on the approval of final layout before the actual design process. Tarsier Graphics is not held liable for any mistake on the design output caused by the following reasons: Spelling, grammar, content, images and punctuation errors, and the graphics as provided by the customer.
Upon approval of the design, the Customer agrees to the following: that the spelling, grammar, content, and punctuation are correct, that the customer has verified and is satisfied with the final design layout, that the customer understands that the design is final as what is seen on the proof, and that the customer cannot make or change the design once the order is placed and it is the customer’s responsibility for any typographical errors on the document.
It is the Customer’s responsibility for whatever important information is used on the design. The Customer is entirely responsible to gather the rights of all data, graphics, texts, messages and other content used to complete the order.
Designers are not allowed to use any trademark, service mark, or logo that is not owned by the designer himself. The materials used for any of the design should be licensed and are considered as trademarks, logos, and service marks that you may reproduce to identify products and services provided by the Designer.
The same terms apply for the copyrighted materials such as photographs, artworks, tag-lines, and themes used for any design project of the Designers. Materials that are unlicensed and does not have copyrights owned by the Designer shall not be used on any design that is and will be listed on the Site.
2.3. Order Shipping and Delivery
Tarsier Graphics accepts the responsibility of meeting delivery schedules. However, TarsierGraphics.com will not be held liable should there be consequences or any damages that resulted from any form of delay in the shipment and delivery. The Customer agrees that Tarsier Graphics and its entities are not liable for shipment delays caused by unforeseen weather conditions, shipping company problems, and all other conditions that are beyond the control of Tarsier Graphics.
Customer Supplied Incorrect Address
In an instance where the Customer failed to provide the correct address for the shipment and delivery, TarsierGraphics.com agrees to reship the package on the proper and corrected shipping address but with a corresponding charge and shipping fee. If the package is already in transit and correction of address is requested, a rerouting charge may be collected from the Customer.
This part of the Agreement shall apply if the Customer has exclusively acquired a design both from the Design Contest and the Pre Design Store. The Customer is hereby assigned all the rights, title and interest of the Sold Design upon completion of payment. TarsierGraphics.com has currency credits that may be used to purchase Designs within the Site. All IPR of the Sold Design is assigned by the Selling Designer and gives up the rights on the Sold Design in favour of the Buying Customer.
On a non- exclusive basis for the purchase of a Sold Design, this clause shall apply for Customers who acquired the Design from the Pre Design Store. The Selling Designer grants a non- exclusive and royalty free, irrevocable license to the Buying Customer. This grant does not include the right to use, reproduce, and/ or distribute the Sold Design, nor sell, assign, or transfer the license or rights to another person. This clause also prevents the Buying Customer from having any third party who will sell, distribute, or license the Sold Design. The Selling Designer reserves the IPR, title, and copyright of the Sold Design.
3.3. Representations and Warranties.
The Selling Designer warrants that all rights and licenses necessary required granting assignment or license the Sold Design is acquired beforehand. Any information regarding IPR and licenses shall be disclosed by the Selling Designer especially upon the involvement of a third party. The Selling Designer is liable for any disputes involving the IPR and licenses of the Sold Design. The Selling Designer will shoulder the costs, including the attorney’s fees for a third party claim of a breach on the Sold Design’s IPR.
IV. IMPORTANT DISCLAIMERS AND RELEASE.
The User hereby releases and discharges Tarsier Graphics, its employees, agents, and successors from any future disputes, claims, controversies, demands, rights, obligations, liabilities, actions, and cause of actions of all kinds and nature. This includes all past, present, and future transactions that met or meets the above- mentioned conflicts. Personal injury, death, and all property damages that will occur are included on the waive and release of liability from Tarsier Graphics. Any conflict that has arisen or will arise, and relates either directly or indirectly out of the interactions and transactions made within the Site coming from between Users, the Customers, Designers and third party sites are within the context of this disclaimer and release.
An account at Tarsier Graphics must be registered first in order to access all the services on the Site. Upon signing up for an account, the User agrees to provide the necessary information that may be personal as prompted on the registration form at the Accounts page of the Site. The User warrants that all the information provided during the registration process are truthful and correct. The User represents that all information is maintained with accuracy. The Account may be deleted by the User any time, with the User’s discretion, by calling the numbers as stated on the Customer Support section. The User has full responsibility of maintaining privacy and confidentiality of the account including the Account login information. The User is also responsible for any activities and transactions made using the Account. Any unauthorised use of the account and all other concerns on the breach of security should be immediately reported to Tarsier Graphics. Failure to comply on the above terms will not held Tarsier Graphics liable for the loss and damages resulting from a breach of the User’s Account. The Designers are allowed to have only a single Account.
The User agrees not to use the Site or any of its Services to distribute, nor transmit and upload harmful software, computer viruses, worms, and malware with the intention to damage a computer data system. The User is not allowed to post on the Site any unsolicited or any unauthorised material for promotion, chain letters, spam messages, pyramid schemes, and all other forms of duplicative messages may it be commercial or not.
VI. Entire Agreement
This Agreement is between the User and Tarsier Graphics and the use of the Site and its Services.
Failure to enforce the provisions stated on this Agreement shall not be a reason to waive such provisions. All the section titles are for the User’s convenience and do not have a legal contractual effect. The terms stated in this Agreement binds the Users and Tarsier Graphics including the independent contractor, third party companies, and subcontractors. Violations on the conditions stated on this agreement shall hold the transactions within the Site null and void.
VII. Copyright/Trademark Information.
Copyright © 2013, Tarsier Graphics. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are property of Tarsier Graphics or the property of other third parties. The User is not permitted to use the Marks on the Site without a prior written consent from the Tarsier Graphics or the third party, which may own the Marks.
VIII. General Information
Tarsier Graphics reserves the sole right to change or modify this Agreement should there be a need, without prior notice to any of its users. Your use of the TarsierGraphics.com site following the said modification constitutes the agreement between you and the site and that you are to follow and be bounded by the Agreement and its changes.