Term and Conditions
By using ZENLAYOUT.COM you signify that you have read, understand and agree to be bound by these Terms and conditions .
(last update 30 June 2010)
Summarizing The Terms & Conditions
(just for fast reading, you still need to read and agree everything on this page).
- ZENLAYOUT.COM is copyright and complies to European Directives and Laws about business and intellectual property
- ZENLAYOUT.COM accepts offers its services in providing a website where users can post a brief to complete a graphic project and offering a prize to the best designer.
- The Contest Holder is the only one who select the winner.
- ZENLAYOUT.COM is not the owner of the submitted works. Everything posted on this website is owned by the Designer. The ownership of the winning design will be transferred to the Contest Holder after the Designer is paid.
- ZENLAYOUT.COM deducts a 15% service fee from the sales price of the awarded design's price. An extra charge could be added if the site's staff need to process payment manually.
- All payments are made through PayPal. If a user cannot use PayPal, please contact us to find alternatives.
- An option as Private Contest is available, every contest type has its fees to activate. ZENLAYOUT will keep this extra fee as our fee for this service.
- The Contest Holder can extend the contest adding one week (max). An extra fee of $50 is requested to activate this service. ZENLAYOUT.COM also suggest (not required) to rise the prize by 15% and up from its original value, this will encourage Designers to submit more interesting ideas during the extended time.
- A valid proof of identity is required from every designer who signup in order to receive any funds or prize. The designer must send by e-mail at email@example.com a scan image or digital photo of his/her valid ID, driving licence or passport from the email address used to signup, specifing username, name, last name, complete address (including contry and postal code) and a phone number. University cards, library cards or anything not being validated by the government will not be accepted. ZENLAYOUT.COM will not deliver hay prize to anyone who will not comply with this security and ID verification screening step.
1. General Rules and Contact info
ZENLAYOUT.COM is concerned about the safety and privacy of all its Users, especially children. Therefore, children under the age of 13 are no t permitted to use ZENLAYOUT.COM
ZENLAYOUT.COM reserves the right to remove any image for
any reason whatsoever. Specifica
lly, any image uploaded that is pornographic or offensive in nature (including nudity, violence, sexual acts, or sexually provocative images.), infringes upon copyrights not held by the uploader, is illegal or violates any laws, will be immediately deleted and the IP address of the uploaded reported to authorities. Violating these terms will result result in termination of your ability to upload further images.
We reserve the right to ban any individual uploader or website domain from using our services for any reason. We also reserve the right to not release the prize to banned users, designers caught in violating site rules or in copyright infringements.
We cannot be held liable for any damages. All data, photographs, messages, graphics, comments, text, tags, or other materials ("Content"), are the sole responsibility of the person from whom such Content originated. You, and not ZENLAYOUT.COM, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through ZENLAYOUT.COM does not control the Content posted and does not guarantee the accuracy or integrity of such Content.
We may modify or alter these Terms and Conditions at anytime without any prior notice to you being given. In the event that you disagree with any modification to these Terms and Conditions your sole recourse is to refrain from using this site and the tools and services that we provide.
ZENLAYOUT.COM is copyright. You can contact us at this email address: firstname.lastname@example.org or by mail to the company the own and operate ZENLAYOUT.COM.
ZENLAYOUT.COM owned and managed by Image Now Studio di Fioretti Valerio, via G. Da Carpi n.1 - 62100 Macerata (MC) ITALY.
2. What we do
ZENLAYOUT.COM offers its services to business who wants to hold a graphic contest. Designers and Contest Holders can register free of charge. ZENLAYOUT.COM will deduct a 15% service fee from the sales price of the awarded design's price. ZENLAYOUT.COM also offer a paid private listing upgrade; each contest type has its own fee for this additional service. ZENLAYOUT.COM will keep this extra fee as our fee for this service. The Contest Holder can ask to extend the contest's ending date, allowing the "accepting entries" status for one more week (7 days). To extend the contest a fee of $50 will be invoiced to the Contest Holder. ZENLAYOUT.COM suggest (not required) to the Contest Holder to rise the prize 15% and up of its original value. This will encourage the designers to submit more ideas.
Here is the work flow:
1) The Contest Holder starts a contest, choosing among different kind of graphic works, setting a prize, an ending date and editing a detailed brief.
2) The Designer Community is allerted and the contest is published on the website.
3) Each Designer can access the brief and start working and submitting his/her ideas.
4) The Contest Holder can add comments/suggestions and rank each entry. The Contest Holder can also visits Designer's profile page and personally invite a user to join the contest.
5) When the contest ends the Contest Holder has 7 days to choose a winner and award the second and third place.
6) The winner is allerted and both, Designer and Contest Holder, are invited to meet and communicate using a private web page. In this stage the Contest Holder can request some modifications or changes to the originally and selected design.
7) By using the private web page the Designer can then upload the final files.
8) As the Contest Holder gets the final files he/she can release the payment.
9) The Designer is paid and the ownership of the design is transferred to the Contest Holder.
ZENLAYOUT.COM reserves the right to engage a "Designer Dispute Resolution System" whereby users may flag inappropriate content for review and removal by ZENLAYOUT.COM. All users agree that we may use this system as an informal way of allowing our community to become involved with the policing of our site's rules, guidelines and policies. Moderators and Aministrators are volunteer independent contractors. Our Dispute Resolutions System provides a method for the user community to informally become involved with policing the rules, policies and guidelines of our web site.
If you place content on this Site for potential sale, you agree to provide true, accurate and complete information and to refrain from impersonating or falsely representing your affiliation with any person or entity. You are entirely responsible for all content that you provide or otherwise make available via this Site. You also warrant and represent that you own or otherwise control all of the legal rights to such content including, without limitation, all the rights necessary for you to and sell the content on our Site.
We do not intercede or become involved with or between any disputes between designers/vendors and buyers.
Designers/vendors agree to execute any reasonably required documentation proving the lawful transfer of ownership and control of the winning design to the buyer who has paid for that design upon the request of the buyer.
You are responsible for compliance with applicable local laws, keeping in mind that access to the contents of this Site may not be legal for or by certain persons or in certain countries. We will not be considered to have modified or waived any of our rights or remedies under this Agreement unless the modification or waiver is in writing and signed by an authorized representative of us. No delay or omission by us in exercising our rights or remedies will impair our rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. If any part of this Agreement is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect. Nothing in this Agreement or related policies should be deemed to confer rights or benefits on third parties. You will not transfer, assign or delegate your rights or obligations (including your Account) under this Agreement to anyone without our express written permission, and any attempt to do so will be null and void. We may assign this Agreement without restriction.
Except for the payment of fees to us, neither you nor we shall be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance of such party shall be extended by the period of such delay.
Should a minimum number of required designs be posted to your project, as a buyer, and should you fail to select a final winner and approve of the prize release (that is, authorizing us to release the funds from escrow to the designer winner) by giving final approval of the winning design within 7 days then ZENLAYOUT.COM will release the funds to the winning designer or otherwise select a final prize winner and release the funds to that winner. As indicated herein, we shall release the funds to the winner should the buyer fail to authorize the release of those funds.
If you have a dispute with another user, you release us from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. You hereby waive the European or Italian Laws. You further acknowledge that this waiver is an essential and material term of this agreement, and that without such waiver, we would not have entered into this Agreement.
You will not hold ZENLAYOUT.COM liable to you or any other member for any special, indirect, consequential or punitive damages pursuant to this agreement, including but not limited to, loss of profits, loss of business opportunities or loss of goodwill or reputation, even if advised of the possibility of such damages.
All designers/vendors are solely responsible for their own taxes. Each designer/vendor is solely responsible for satisfying all income tax, payroll tax, payroll withholding, sales and use tax, governmental reporting and other legal requirements under applicable law. Designers/vendors are independent contracts and not employees of our site or corporation.
Where required by law, tax documentation will be sent on an annual basis to the required government recipient(s) with copies provided to the designer/vendor and buyers. All designers/vendors in the Nation of ITALY are subject to the VAT (IVA) tax as may be required by law based on the annual earnings and must cooperate with us regarding the collection/payment of that tax in the method indicated in our guidelines and policies. This may take the form of us sending additional Paypal payment requests to match the percentage of income due the Agenzia delle Entrate. Users who are residents in Euopean Countries must fill in their VAT code in their own profiles. Users of other nations may have to cooperate with collection of taxes as requested by their nation, state or local government.
6. Transfer of Ownership
The Designer, upon purchase, thereby irrevocably transfers all rights, ownership, intellectual property interest and legal title of the CREATIVE JOB, LAYOUT, LOGO, PHOTOGRAPHY or anything produced to join the contest , to the Contest Holder. The Designer will not use the design in any further or derivative work (except for display as an example of the Designer's work for portfolio purposes except as indicated herein) nor offer to resell the Logo to anyone else as the Contest Holder obtains sole and exclusive ownership to the DESIGN via the purchase: it cannot be resold. If the contest is labelled as "Private" (our upgraded feature where only registered Designers can view or participate in the logo contest), the Designer must seek either written or email permission from the Contest Holder to display the winning logo in the Designer's portfolio.
The Designer represents that, other than materials provided to the Designer from the Contest Holder, the GRAPHICS and LAYOUTS are an wholly original work and was not copied in part or whole from any existing work or otherwise violates any intellectual property law or any other law or right belonging to a third party. The Designer represents that they are the sole author or owner of the GRAPHICS, and that the each submitted graphic work does not violate any patents, trademarks, service or copyrights of another person, form, or entity.
The Designer agrees to provide the Contest Holder with a vector file and/or any other file format or editable package the Contest Holder specify in contest brief. The Designer also agrees to provide additional variations upon request including: White Background, Colored Background, Black & White, and Solid Colors. Variation requests are required to take place within 1 week of selecting a winner.
All parties who use this site must be at least 18 years of age and legally able to enter into a binding contractual relationship.
We offer a venue where Contest Holders can meet Designers and transactions may take place. When a Designer publishes via upload his/her design regarding a particular project, that Designer is making a legally binding offer to sell that design, on an exclusive basis, to the Contest Holder who has posted the project. Should the Contest Holder accept the design and purchase the same, the Designer has legally concluded the sale of that design and must follow though with the sale as the sale is a part of a binding contract. In the event that the Contest Holder selects a design and fails to allow the release of the funds to the Designer within one week of the conclusion of the purchase, then we have the legal ability to release the funds to the Designer ourselves. Accordingly, Contest Holders should select a final winner only when they are completely satisfied with the final design. Designers have the obligation to swiftly provide all agreed upon deliverables as promptly as possible and always prior to being paid.
We retain the right, but do not have an obligation, in our sole and absolute discretion, to immediately stop any project or transaction, prevent or restrict access to the Site or to our services, or take any other action in case of technical problems, objectionable material, inaccurate project listings, inappropriately categorized projects, inaccuracies, unlawful projects or content, procedures or actions otherwise prohibited by our policies and rules, or for any other reason.
We do not endorse any user submitteprivad content to the Site, or any opinion, recommendation, or advice expressed by users. We expressly disclaim any and all liability in connection with content submitted by users.
8. Fees and earnings
A fifteen percent (15%) service fee shall be deducted from the sale price of each DESIGN with the balance sent to the seller's Paypal account (or other payment system ZenLayout may use) as soon as is practical.
9. About Content
Your content and or actions on our website:
Must not violate the law of any jurisdiction.
Must not be misleading or violate consumer interest laws
Must not be harmful, threatening, abusive, defamatory, intolerant, be tortuous, or be, in our sole discretion, objectionable or improper.
You may not violate any written agreement that prohibits you from posting content to this Site.
You may not use another's account without permission.
You may not use an invalid or unauthorized payment method.
You may not impersonate another user or participate in projects under a false name.
You may not violate any intellectual property law by posting content to this Site, duplicating content, or offering to sell such content.
You may not post or transmit any content that is harmful to computer software, hardware, or telecommunications equipment.
You may not register under a false name or use an invalid or unauthorized email or physical address.
You agree to hold ZenLayout.com and it's parent company harmless and to indemnify ZenLayout.com from any loss, damage, cost, fee and reasonable attorney's fees regarding any actual or threatened litigation arising from your violation or alleged violation of any such law, regulation or statute, including copyright and trademark litigation.
You may not fail, as a Designer, to provide to a Contest Holder final deliverables required by the buyer if you are the winning creative, unless the buyer has materially changed the project's scope or description after you were selected as the winning creative, a clear typographical error is made, or you are unable to communicate with the buyer;
You may not manipulate the price of any project or interfere with other user's project listings,
You may not circumvent or manipulate our fee structure, the billing process, or fees owed to us or "game" or cheat our systems in any way.
You may not post false, inaccurate, misleading, defamatory, or libelous content (including personal information.)
You may not take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information from our site or using it for purposes unrelated to our business activities.
You may not transfer your account and User ID to another party without our written consent.
You may not distribute or post spam, chain letters, or pyramid schemes.
You may not advertise a competing site or service in any form.
You may not select a username that contains an email or website address.
You may not distribute viruses or any other technologies that may harm us, or the interests or property of our users.
You may not copy, modify, or distribute content from the Site and/or our copyrights and trademarks.
You may not harvest or otherwise collect information about users, including email addresses, without their written consent.
By providing your Content to us, you grant, and you represent and warrant that you have the right to grant, an irrevocable, non-exclusive, worldwide license to use, copy, perform, display, and distribute the content for sale until and unless your content is sold or you remove the content from the Site.
All design entries, including prize winning / sold entries remain published on the site in our community portfolio so they can be seen by members of the public. All users who may have a legal interest in such designs give us a permanent, transferable, royalty free license to publish such entries on our site.
We may report fraudulent conduct to law enforcement, and we will cooperate with law enforcement to ensure that violators of the law are prosecuted to the fullest extent of the law.
Subject to and conditioned on compliance with this Agreement, we grant you a limited license to access and to use the Site for the purpose of buying and selling the services offered by Designer.
You cannot and must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content found on our site in any way for any public or commercial purpose without our prior written consent or the consent of the rights holder for the intellectual property published on this site, including all designs. Unless you are otherwise lawfully entitled to do so, you cannot and must not use any content found on the Site on any other site, in a networked computer environment, or in any medium, for any purpose except your own internal viewing. You agree that you will not attempt to reverse engineer or attempt to interfere with the operation of any part of the Site unless expressly permitted by law.
The Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by us, in writing.
10. Limitation or Liability
WE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR WE SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE, THE TOOLS AND SERVICES WE PROVIDE, OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE
All causes of action against ZenLayout.com or it's parent company must commence within thirty days after the cause arises, or the cause of action is barred.