The following terms of service (these "Terms of Service"), govern your access to and use of the DesignOye website and mobile application, including any content, functionality and services offered on or through www.DesignOye.com referred hereto as "DesignOye" "we" or "us" and “you” or “user” means you as an user of the Site.
Please read the Terms of Service carefully before you start to use the Site. By using the Site, opening an account or by clicking to accept or agree to the Terms of Service when this option is made available to you, you accept and agree, on behalf of yourself or on behalf of your employer or any other entity (if applicable), to be bound and abide by these Terms of Service and DesignOye Payment Terms, , which is incorporated herein by reference. If you do not want to agree to these Terms of Service, you must not access or use the Site.
This Site is offered and available to users who are at least 18 years of age and of legal age to form a binding contract. If you are under 18 and at least 13 years of age, you are only permitted to use the Site through an account owned by a parent or legal guardian with their appropriate permission. If you are under 13 you are not permitted to use the Site or the DesignOye services. By using the Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site
Our Customer Support team is available if you have any questions regarding the Site or Terms of Service. Contacting our Customer Support team can be performed by submitting a request via the contact form on the contact page of this website.
The original language of these Terms of Service, as well as all other texts throughout the Site, is English. DesignOye makes this translation available for convenience only. In case of conflicts between the original English version and any translation, the English version shall prevail.
Buyers are users who purchase services on DesignOye.
Custom Offers are exclusive proposals that a Seller can create in response to specific requirements of a Buyer.
Custom Orders are requests made by a Buyer to receive a Custom Offer from a Seller.
Service Page is where the Seller can describe their Services and the Services’s terms, and the Buyer can purchase the Services and create an order.
Logo Design is an original design for a logo uploaded by a Seller through the DesignOye Logo Maker.
Order Page is where Buyers and Sellers communicate with each other in connection with an ordered Services.
Orders are the formal agreements between a Buyer and Seller after a purchase was made from the Seller’s Services Page.
Sellers are users who offer and perform services through Services or through the Logo Maker on DesignOye.
Overview (Main terms, in a nutshell)
Only registered users may buy and sell on DesignOye. Registration is free. In registering for an account, you agree to provide us with accurate, complete and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.
- Services on DesignOye may be offered at a base starting price of $5. Some Services are offered at a base price of more than $5 as determined by the Seller.
- Buyers pay DesignOye in advance to create an order
- Orders are purchased through the Order button found on a Seller’s Service page or through a Custom Offer.
- Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect Sellers’ reputation and status.
- Sellers gain account statuses (Levels) based on their performance and reputation. Advanced levels provide their owners with benefits
- Users may not offer or accept payments using any method other than placing an order through DesignOye.com.
- DesignOye retains the right to use all published delivered works and Logo Designs for DesignOye marketing and promotion purposes.
- Users undertake to comply with DesignOye’s Community Standards, which are a set of behavior rules and guidelines, applicable to the DesignOye community and marketplace in addition to these Terms of Service, as updated from time to time.
- Sellers create Services on DesignOye to allow Buyers to purchase the same.
- Sellers may also offer Custom Offers to Buyers in addition to their Services.
- DesignOye accredits Sellers once an order is completed. See our "Orders" section below for a definition of a completed order.
- Sellers may not promote their Services or any DesignOye content via the Google Ads platform.
- The Seller's rating is calculated based on the order reviews posted by Buyers or Business Account Team Members. High ratings allow Sellers to obtain advanced Seller levels (see Levels below). In certain cases, exceedingly low ratings may lead to the suspension of the Seller’s account.
- For security concerns, DesignOye may temporarily disable a Seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by other users, or associating multiple DesignOye accounts to a single withdrawal provider.
- Sellers are responsible for obtaining a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.
Once payment is confirmed, your order will be created and given a unique DesignOye order number
Sellers must deliver completed files and/or proof of work using the Deliver Work button (located on the Order page) according to the service that was purchased and advertised on their service page.
An Order is marked as Complete after it is marked as Delivered and then accepted by a Buyer. An Order will be automatically marked as Complete if not accepted and no request for modification was submitted within 3 days after the Order was marked as Delivered. The Buyer may extend such period by up to 5 additional days.
We encourage our Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason this fails after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact DesignOye's Customer Support department for assistance here. For more information about disputes, Order cancellations and refunds please refer to the Payment Terms.
User Conduct and Protection
DesignOye enables people around the world to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on DesignOye reflect the diversity of an expanding freelancer economy. Members of the DesignOye community communicate and engage through orders, social media, and on DesignOye’s Community Forums.
DesignOye maintains a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of DesignOye. This section relates to the expected conduct users should adhere to while interacting with each other on DesignOye.
To report a violation of our Terms of Service and/or our Community Standards, User Misconduct, or inquiries regarding your account, please contact our Customer Support team here.
- To protect our users' privacy, user identities are kept anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of DesignOye in order to circumvent or abuse the DesignOye messaging system or DesignOye platform is not permitted.
- Any necessary exchange of personal information required to continue a service may be exchanged within the Order Page.
- DesignOye does not provide any guarantee of the level of service offered to Buyers. You may use the dispute resolution tools provided to you in the Order Page.
- DesignOye does not provide protection for users who interact outside of the DesignOye platform.
- All information and file exchanges must be performed exclusively on DesignOye's platform.
- Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of your account.
- DesignOye is open to everyone. You undertake not to discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation or otherwise and you acknowledge that such discrimination may result in the suspension/removal of your account.
- Users may not submit proposals or solicit parties introduced through DesignOye to contract, engage with, or pay outside of DesignOye.
- Users with the intention to defame competing Sellers by ordering from competing services will have their reviews removed or further account status related actions determined by review by our Trust & Safety team.
- Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or cancelling orders that do not align on Order Cancellation or Feedback policies.
Users may receive a warning to their account for violations of our Terms of Service and/or our Community Standards or any user misconduct reported to our Trust and Safety team. A warning will be sent to the user's email address and will be displayed for such user on the Site. Warnings do not limit account activity, but can lead to your account losing Seller statuses or becoming permanently disabled based on the severity of the violation.
- Adult Services & Pornography - DesignOye does not allow any exchange of adult oriented or pornographic materials and services.
- Inappropriate Behavior & Language - Communication on DesignOye should be friendly, constructive, and professional. DesignOye condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals, a system to rate orders, and to engage on larger platforms such as our Community Forum and Social Media pages.
- Phishing and Spam - Members’ security is a top priority. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contacting them with offers, questions, suggestions or anything which is not directly related to their Services or orders.
- Privacy & Identity - You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the Order Page. Sellers further confirm that whatever information they receive from the Buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the Buyer. Any users who engage and communicate off of DesignOye will not be protected by our Terms of Service.
- Authentic DesignOye Profile - You may not create a false identity on DesignOye, misrepresent your identity, create a DesignOye profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skills, location, etc., while may be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. DesignOye reserves the right to require users to go through a verification process in order to use the Site (whether by using ID, phone, camera, etc.).
- Intellectual Property Claims - DesignOye will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Our Intellectual Property claims procedures can be reviewed here.
- Fraud / Unlawful Use - You may not use DesignOye for any unlawful purposes or to conduct illegal activities.
Abuse and Spam
- Multiple Accounts - To prevent fraud and abuse, users are limited to one active DesignOye account and one active DesignOye Business account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the DesignOye community will be disabled. Mass account creation may result in disabling of all related accounts. Note: any violations of DesignOye’s Terms of Service and/or our Community Standards is a cause for permanent suspension of all accounts.
- Targeted Abuse - We do not tolerate users who engage in targeted abuse or harassment towards other users on DesignOye. This includes creating new multiple accounts to harass members through our message or ordering system.
- Selling Accounts - You may not buy or sell DesignOye accounts.
Sellers should recognize that there might be a need for Buyers to disclose certain confidential information to be used by Sellers for the purpose of delivering the ordered work, and to protect such confidential information from unauthorized use and disclosure. Therefore, Sellers agree to treat any information received from Buyers as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Sellers specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the Buyer’s permission.
- DesignOye reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service and/or our Community Standards or due to any illegal or inappropriate use of the Site or services.
- Violation of DesignOye's Terms of Service and/or our Community Standards may get your account disabled permanently.
- Users with disabled accounts will not be able to sell or buy on DesignOye.
- Users who have violated our Terms of Service and/or our Community Standards and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.
- Users have the option to enable account Security features to protect their account from any unauthorized usage.
- Users must be able to verify their account ownership through Customer Support by providing materials that prove ownership of that account.
- DesignOye may make changes to its Terms of Service from time to time. When these changes are made, DesignOye will make a new copy of the terms of service available on this page.
- You understand and agree that if you use DesignOye after the date on which the Terms of Service have changed, DesignOye will treat your use as acceptance of the updated Terms of Service.
User Generated Content
User Generated Content ("UGC") refers to the content added by users as opposed to content created by the Site. All content uploaded to DesignOye by our users (Buyers and Sellers) is User Generated Content. DesignOye does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations and the user uploading/creating such content shall be solely responsible for it and the consequences of using, disclosing, storing, or transmitting it. By uploading to, or creating content on, the DesignOye platform, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable local, state, federal and international laws, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or terms of service. We invite everyone to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
Disclaimer of Warranties
YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DESIGNOYE NOR ANY PERSON ASSOCIATED WITH DESIGNOYE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.