Welcome to DesignFist! Here is a quick summary of the highlights of our Terms of Service:
- You own the content that you upload and publish; you also grant us and other users of DesignFist certain rights and license to use it. The details of these licenses are described in Section (3) below.
- You are responsible for the content that you publish. This includes ensuring that you have the rights needed for you to post the content and that your design does not violate the legal rights of another party (for example, defamation) or any applicable laws.
- You can repost the content from DesignFist elsewhere, provided that that you attribute the design back to DesignFist and respect the rights of the original poster, including any “CC Attribution” designated for the content.
- You are responsible for the information displayed on your profile. You can enter your work, educational, personal information and information about your social profile. You can check your Privacy Settings to maintain what information is visible to public.
- We do not endorse or verify work and content posted by users. Our content and materials are provided to you “as is,” without any guarantees.
- You are solely responsible for your own use of the DesignFist. In case you see any violation of intellectual property rights/CC licenses, we may contact the content owner on your behalf to settle the issue. You need to right to us for such cases on connect@designfist.com.
- You agree to follow the rules of DesignFist. Your use of DesignFist and its services is also subject to our Privacy Policy, Acceptable Use Policy, Copyright Policy, and Trademark Policy.
- We offer tools for you to give feedback and report complaints. If you think someone has violated your intellectual property rights, other laws, or DesignFist′s policies, you can initiate a report at the contact us portal or by using our in-product reporting tool such as “report”. We are pleased that you want to join DesignFist and encourage you to read the full Terms of Service.
1. User Agreement
1.1 Contract
You agree that by clicking “Sign up”, Sign up with social platforms or similar, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding Contract with DesignFist (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Sign up” (or similar) and do not access or otherwise use any of our Services.
These terms of service (“Terms”) sets forth the agreement (“Agreement”) between you and Design Fist Private Limited, (“DesignFist” “we” or “us”). It governs your use of the products and services we offer through our website, applications and products (collectively “DesignFist”) as well as through Creative Common license (“CC” Attribution). Your personal data provided to, or collected by or for, our Services is controlled by DesignFist and will be governed under the law of NCT, India.
Your use of our Services is also subject to our Privacy Policy and Cookie Policy.
You agree that by clicking “Sign up”, Sign up with social platforms or similar, registering, accessing or using our services, you are agreeing to enter into a legally binding Contract with DesignFist.
1.2 Users and Visitors
This Contract applies to designfist.com, its branded websites and other DesignFist -related sites, apps, communications and other services that state that they are offered under this Contract (“Services”), including the offsite collection of data for those services such as webinars. Registered users of our Services are “Users” and unregistered users are “Visitors”. This Contract applies to both.
When you register and join DesignFist or enroll/subscribe for any of our branded websites you become a User. If you have chosen not to register for our services and our branded websites, you may access certain features as a visitor.
1.3 Change of Terms
We can change these Terms at any time including our Privacy Policy and our Cookie Policy from time to time. We keep a historical record of all changes under Archive. If a change is material, we′ll let you know before they take effect. By using DesignFist on or after that effective date, you agree to the new Terms. If you don′t agree to them, you should delete your account before they take effect, otherwise your use of the site and content will be subject to the new Terms.
By using DesignFist, you agree to these Terms. If you don′t agree to any of the Terms, you can′t use DesignFist.
2. Use of DesignFist
2.1 Who Can Use It
Use of DesignFist by anyone under 13 years of age is prohibited. You represent that you are at least the age of majority in the jurisdiction where you live or, if you are not, your parent or legal guardian must consent to this Terms of Service and affirm that they accept this Agreement on your behalf and bear responsibility for your use.
At DesignFist Users are account holders. As a User you agree to: (a) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer/sell any part of your account if the service for the same has not been provided on our website; and (4) follow the law and our list of Dos and Don′ts. You are responsible for anything that happens through your account unless you close it or report misuse.
2.2 Registration
When you set up a profile on the DesignFist, you will be asked to provide certain information about yourself. You agree to provide us accurate information, including your real name, when you create your account on the DesignFist. We will treat information you provide as part of registration in accordance with our Privacy Policy. You should take care in maintaining the confidentiality of your password.
In case our system detects that the data submitted at registration doesn′t comply with our Terms we may ask you to rectify or verify the information.
2.3 Privacy Policy
Our Privacy practices are set forth in our Privacy Policy. By use of DesignFist, you agree to accept our Privacy Policy, regardless of whether you are a user or a visitor.
2.4 Notices and Service Messages
You agree that we will provide notices to you in the following ways : (1) a notice within the Service, or (2) a message sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
Please review your Settings to control and limit the messages you receive from us.
2.5 Sharing of Information
Our Services allow messaging and sharing of information in many ways, such as your profile, your publication. Information and content that you share or publish may be seen by other Users or Visitors. Where we have made Settings available, we will honor the choices you make about who can see content or information
We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.
2.6 Competitions and Awards
When you participate in a hosted competition/award on DesignFist you abide by the rules of the competition. You also agree that you are not doing any copyright infringement and retain ownership of the copyright and other intellectual property you submit on DesignFist.
2.7 Acceptable Use Policy
In your interaction with others on DesignFist, you agree to follow the Acceptable Use Policy at all times.
2.8 Termination
You may close your account at any time by going to account Settings and deleting your account. It may take us up to 30 days to completely remove your account. In case you login back in to your account in the aforementioned period your account will get reactivated again. We may terminate or suspend your DesignFist account if you violate any DesignFist policy or for any other reason.
2.9 Changes on DesignFist.
We are always trying to improve your experience on the DesignFist. We may need to add or change features and may do so without notice to you. For any material changes/features which results in the change of Terms and Privacy, we will notify you in prior.
2.10 Feedback
We welcome your feedback and suggestions about how to improve DesignFist. Feel free to submit feedback by dropping us a mail at connect@designfist.com . By submitting feedback, you agree to grant us the right, at our discretion, to use, disclose and otherwise exploit the feedback, in whole or part, freely and without compensation to you.
2.11 Anti-discrimination
DesignFist does not support and will not tolerate its Service being used to discriminate against others, especially when based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin. You are not permitted to use the Service in a manner which would or would likely incite, promote or support such discrimination and you must not use the Service to incite or promote hostility or violence. If we believe in our sole determination that your use of the Service is being used to discriminate, especially if based on race, religion, sex, sexual orientation, age, disability, ancestry or national origin, we may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason.
3 Content Rights & Responsibilities
3.1 Definition of Your Content
DesignFist enables you to add content to share with others. All material that you upload, publish or display to others via DesignFist will be referred to collectively as “Your content” You acknowledge and agree that, as part of using DesignFist, your content may be viewed by the general public including Users and visitors and may appear in search engines as well depending on the creative content licenses assigned to your content.
3.1.1 Definition of Your Work
At DesignFist you can showcase your “Work” hereby will be referred as your “content”, this enables you to put your intellectual and creative property on DesignFist and can be viewed publicly. While showcasing your work you will need to assign the CC Attribution (learn more about the CC attribution) to your work, this will govern the way your content is being displayed on DesignFist and outside of it over search engines. CC Attribution will also define the rights of reproduction of your content and how it will be used over internet.
If your work is not suitable for Minors you will need to specify the content as “adult content” while uploading. Other users can also report about the content and upon verification we may change the attribution to your content and notify you for the same. If you think that this is not correct you may “appeal” for the same.
3.2 Ownership
As between you and DesignFist, you, or your licensor, as applicable, retain ownership of the copyright and other intellectual property in your content, subject to following non-exclusive rights granted to us: A worldwide, transferable and sub-licensable right to use, copy, modify, distribute, publish and process information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. This also means you assume all risks related to it, including someone else′s reliance on its accuracy, or claims relating to intellectual property or other legal rights.
3.3 Content Rights & Responsibilities
As between you and DesignFist, you own the content and information that you submit or publish to the Services and you are only granting DesignFist and our affiliate the following non-exclusive license: A worldwide, transferable and sub-licensable right to use, copy, modify, distribute, publish and process information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. We may also use your content to promote Medium, including its products and content. We will not sell your content to third parties without your explicit permission. These rights are limited on following ways:
- You can end this license for specific content by deleting such content from the Services or generally by closing your account except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
- We will get your consent if we want to give third parties the right to publish your posts beyond the Service. However, other Users and/or Visitors may access and share your content and information, consistent with your choices. In such cases the right of CC attribution will always remain with you.
- While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
- You are welcome to publish content on DesignFist that you′ve published elsewhere, as long as you have the rights you need to do so. By publishing content to DesignFist, you represent that doing so doesn′t conflict with any other agreement you′ve made with your co-worker, company, friends, or other similar platforms over Internet.
- By publishing content you didn′t create to DesignFist, you are representing that you have the right to do so. For example, you are posting a work that has been referenced or taken from a public domain, used under license (including a free license, such as Creative Commons), or a fair use.
You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others or violation of laws and regulations in connection with your content. You are responsible for ensuring that your content does not violate our Acceptable Use Policy, Copyright Policy, Trademark Policy, other published policy, or any applicable law or regulation. You agree to pay all royalties, fees and any other monies owed to any person by reason of your content.
- Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others, including under the terms of a CC license.
- You also acknowledge and agree that we may preserve your content and may also disclose your content and related information if required to do so by law or in the good faith belief that such preservation or disclosure in reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) comply with legal process, applicable laws or government requests; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of DesignFist, its Users, or the public.
- You understand that we may modify, adapt, or create derivative works from your content in order to transmit, display or distribute it over computer networks, devices, service providers, and in various media. We also may remove or refuse to publish your content, in whole or part, at any time.
- You further give us the permission and authority to act as your non-exclusive agent to take enforcement action against any unauthorized use by third-parties of any of your content outside DesignFist or in violation of our Terms of Service.
3.4 Our Content and Service Availability
3.4.1 Definition of Our Content and Materials.
All intellectual property in or related to DesignFist (specifically including, but not limited to our software, our associated apps, website, logos but excluding your content) is the property of DesignFist, or its subsidiaries and affiliates, or content posted by other users on DesignFist licensed to us (collectively “Our Content and Service availability”). We reserve all rights to change DesignFist′s look and feel. You may not copy or adapt any portion of our code or visual design elements (including logos) without express written permission from DesignFist unless otherwise permitted by law.
3.4.2 Featured Content
Our editorial team may push some content on top without any monetary promotion to maintain the quality of content that is being displayed on DesignFist. Our team curate contents daily but it is also possible that we may take few days to push new curated contents on top. We do charge to promote or feature their content. In Case you want to get featured you can contact us by dropping a mail to connect@designfist.com
3.4.3 Data
All data that DesignFist collects (“data”) about use of our website and associated apps by you or others is the property of DesignFist, its subsidiaries, and affiliates. For clarity, data does not include your content and is separate from our content and materials.
3.4.4 Service Availability
We may change or discontinue any of our services. We don′t promise to store or keep showing any information and content that you′ve posted.
At DesignFist we store some of your information including images, media and text, however we are not providing any active storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.
3.4.5 Other Content, Sites and Apps
By using the services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. DesignFist generally does not review content provided by our Users or others. You agree that we are not responsible for others′ (including other Users′) content or information. We cannot always prevent the misuse of our services, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that you, your work, team or your organization may be mistakenly associated with content about others when we let followers know you or your organization were mentioned in the news. You may opt out of this feature.
To enable a functioning community, we have Rules. To ensure usernames are distributed and used fairly, we have a Username Policy. Under our Trademark Policy, we′ll investigate any use of another′s Trademark and respond appropriately.
You are responsible for deciding if you want to access of use third party apps or sites that link from our Services. If you allow a third-party app or site to authenticate you or connect with your DesignFist account, that app or site can access information on DesignFist related to you and your connections. Third party apps and sites have their own legal Terms and Privacy Policies, and you may be giving other permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, DesignFist is not responsible for these other sites and apps – use these at your own risk. Please see out Privacy Policy.
.3.4.6 Our License to You
- We grant you a limited, non-exclusive license to use and access Our Content, Services and data as made available to you on DesignFist in connection with your use of our services, subject to the terms and conditions of this Agreement.
- DesignFist gives you a worldwide, royalty free, revocable, non-assignable and non-exclusive license to re-post Our content and Materials anywhere on the web provided that : (a) the user who created the content has not explicitly marked the content as not for reproduction under the CC license. (b) you do not modify the content unless mentioned otherwise; (c) you attribute DesignFist by name in readable text and with a human and machine-followable link (an HTML <> anchor tag) linking back to the page displaying the original source of the content on https://designfist.com on every page that contains our content and materials; (d) upon request, either by DesignFist or a user, you remove the user′s name from content where user has objection. e.g. (discussions, team members) (e) upon request either by DesignFist or by a user who contributed to the content, you make a reasonable effort to update a particular piece of content to the latest version on DesignFist; and (f) upon request, either by DesignFist or by a user who contributed to the content that has been deleted or marked as not for reproduction under CC attribution. (g) you don′t republish more than a small portion of our content. In exercising these rights, you may not implicitly or explicitly assert any connection with, sponsorship or endorsement by DesignFist or any DesignFist user, without separate, express prior written permission from us.
- You are not entitled to run any active promotion on DesignFist or use its services to promote content that does not belong to you. You will also not use DesignFist to promote your company or its services except you and your company′s intellectual property. We may push your content down on our feed if we find it to be an active promotion and acts as a spamming tool to misuse our services.
- We may terminate our license to you at any time for any reason. We have the right but not the obligation to refuse to distribute any content on DesignFist or to remove content. Except the rights and license granted in these Terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
- You may not do, or try to do, the following: (a) access or tamper with non-public areas of the Services, our computer systems, or the systems of our technical providers; (b) access or search the Services by any means other than the currently available, published interfaces (e.g., APIs) that we provide; (3) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false source-identifying information; or (4) interfere with, or disrupt, the access of any user host, or network, including sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of content or accounts in such a manner as to interfere with or create an undue burden on the Services.
- You agree that we may access, store and use any information that you provide in accordance with the Terms of the Privacy Policy and your choices (including Settings).
By submitting suggestions or other feedback regarding our Services to DesignFist, you agree that DesignFist can use and share (but does not have to) such feedback for any purpose without compensation to you.
You agree to only provide content or information that does not violate the law nor anyone′s rights (including intellectual property rights). You also agree that your profile information will be truthful. DesignFist may be required by law to remove certain information or content in certain countries.
.3.4.7 Permitted Uses
If you operate a search engine, web crawler, bot, scraping tool, data mining tool, bulk downloading tool, wget utility, or similar data gathering or extraction tool, you may access DesignFist, subject to the following additional rules: a) you must be a descriptive user agent header; b) you must follow robots.txt at all times; c) your access must not adversely affect any aspect of DesignFist functioning; and d) you must make it clear how to contact you, either in your user agent string, or on your website if you have one.
Additionally, these services should be handled keeping the risk of Intellectual property rights in mind. While crawling, scraping, mining data, you might be violating the rules of the services if the CC Attribution of the Content has not been followed.
3.4.8 No Endorsement or Verification.
Please note that DesignFist contains access to third-party content, products and services, and it offers interactions with third parties. Participation or availability on DesignFist does not amount to endorsement or verification by us. We make no warranties or representations about the accuracy, completeness, or timeliness or any content posted on DesignFist by anyone.
3.5 Intellectual Property Rights
DesignFist reserves all of its intellectual property rights in the services. Using the services doesn′t give you any ownership in our services or the content or information made available through our services. Trademarks and logos used in connection with the services are be the Trademarks of their respective owner. DesignFist logo and other Trademarks, service marks, graphics, and logos used for our services are Trademarks or registered Trademarks of DesignFist.
If you believe content on DesignFist violates DesignFist Acceptable Use Policy or otherwise violates applicable law (apart from copyright or Trademark violation) or other DesignFist policies, you may send us a mail, report or contact us to notify about such content.
We have no obligation to delete content that you personally may find objectionable or offensive. We endeavor to respond promptly to requests for content removal, consistent with our policies and applicable law.
4 Integrated Service Provider
You may enable another online service provider, such as a social networking service (“Integrated Service Provider”), to be directly integrated into your account on DesignFist. By enabling an integrated service, you are allowing us to pass to, and receive from, the Integrated Service Provider your log-in information related to you and your use of integrated services within DesignFist, please see our Privacy Policy. Note that your use of any Integrated Service Provider and its own handling of your data and information is governed solely by their Terms of Use, Privacy Policies, and other policies.
5 More from DesignFist
5.1 Digests
When you sign up for DesignFist, the service includes receipt of a digest of content and profile of some of the users and teams that may be of interest to you. You can opt-out of receipt of the digest, and adjust other communication Settings, by going to “Email and Notification” Settings in your account profile, as further described in our Privacy Policy.
You may unsubscribe from receiving emails from us however we may still send you transactional emails or mail that we feel are important for you to continue using DesignFist.
5.2 Paid Services
DesignFist is dedicated to solve real life problems for Designers, and creative people. To do so, DesignFist provides certain free and paid services (called as “Premium Services”), such as Online look book creator, posted jobs, royalty-based papers, articles and certain content that our users decide to be paid. If you use our Online Look Book Creator service you accept all the terms and conditions related to it.
If you use of any Integrated Service Provider and its own handling of your data and information is governed solely by their Terms of Use.
5.3 Buttons, Links and Widgets
You have permission to use DesignFist′s buttons, links and widgets, subject to these Terms of Service (including the disclaimers and limitations of liability) and provided that : (a) your use of such buttons, links and widgets link only to DesignFist; (b) you will not modify such buttons, links, or widgets or associated code in any manner; (c) you will not use any such buttons, links and widgets, and the website on which such buttons, links and widgets are used do not violate our Acceptable Use Policy.
5.4 Web Resources and Third-Party Services
May also offer you the opportunity to visit links to other websites or to engage with third-party products or services. You assume all risk arising out of your use of such websites or resources.
6 Disclaimers and Limitation of Liability
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF DESIGN FIST PRIVATE LIMITED TO YOU.
“DesignFist” MEANS Design Fist PRIVATE LIMITED, AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSOR AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
6.1 No Warranty
TO THE EXTENT ALLOWED UNDER LAW, DESIGNFIST AND ITS AFFILIATES (AND THOSE THAT DESIGNFIST WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NON-INFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
6.2 Exclusion of Liability
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS DesignFist HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), DesignFist AND ITS AFFILIATE (AND THOSE THAT DesignFist WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).
DesignFist MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: (A) CONTENT POSTED BY ANY USER OR THIRD PARTY; (B) ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH DesignFist, INCLUDING AN INTEGRATED SERVICE PROVIDER OR PROFESSIONAL CONTRIBUTOR; (C) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF DesignFist; OR (D) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH DesignFist IS TO STOP USING DesignFist.
WITHOUT LIMITING THE FOREGOING, DesignFist′s MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH DesignFist OR THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID TO DesignFist IN CONNECTION WITH DesignFist IN THE SIX (6) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND DesignFist AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF DesignFist OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATION ON IMPLIED WARRANTIES OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
7 Indemnification
You agree to release, indemnify, and defend DesignFist from all third-party claims and costs (including reasonable attorneys′ fees) arising out of or related to: i) your use of DesignFist, ii) Your Content, iii) your conduct or interactions with other users of DesignFist, or iv) your breach of any part of this Agreement. We will promptly notify you of any such claim and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.
8 Termination
Both you and DesignFist may terminate this contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
- Our rights to use and disclose your feedback;
- User and/or Visitors′ rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
- Sections 6, 7, 9, 10 of this Contract;
- Any amounts owed by either party prior to termination remain owed after termination.
9 Dispute Resolution
This Agreement and any action arising out of your use of DesignFist will be governed by the laws of NCT, India without regard to or application of its conflict of law provisions or your state or country of residence. We both agree that all of these claims can only be litigated in NCT, India, and we each agree to personal jurisdiction of the courts located in NCT, India.
10 General Terms
If a court with authority over this Contract finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract. To the extent allowed by law, the English language version of this Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don′t act to enforce a breach of this Contract, that does not mean that DesignFist has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without out consent. However, you agree that DesignFist may assign this Contact to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.
If you access DesignFist, you acknowledge that this Agreement is between you and DesignFist only, and not with another application service provider or application platform provider (such as Apple Inc. or Google Inc.), which may provide you the application subject to its own terms. To the extent you access DesignFist through a mobile device, your wireless carrier′s standard charges, data rates, and other fees may apply.
You may not assign or transfer this Agreement (or any or your rights or obligations under this Agreement) without our prior written consent; any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
This agreement does not create a joint venture, agency, partnership, or other form of joint enterprise between you and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.
No waiver of any terms will be deemed a further or continuing waiver of such term or any other term. Our failure assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
We reserve the right to change the terms of this Contract and will provide you notice if we do and we agree that changes cannot be retroactive. If you don′t agree to these changes, you must stop using the Services.
You agree that the only way to provide us legal notice or do any kind of legal communication is at the addresses provided Section 12. We do not guarantee to reply to any other mode of communication.
11 Contact Us
If you want to send us notices or services of process, please contact us:
ONLINE or by MAIL