1. These Terms of Service & Privacy Policy (“Terms”) describe the conditions applicable to use of Imac Design Inc.’s (“us’ or “we” and includes our officers, directors, employees, agents and suppliers) YourDesigner.com website and our provision of design services (“Services”).
2. You must be 18 years and older to use this website and legally authorized to purchase our Services.
3. You must register your account prior to purchasing services and agree to abide by these Terms. You agree to pay all fees and taxes applicable to your purchase of Services using a credit card or PayPal in US dollars. An initial deposit will be incurred when you post your project and final payment will be due upon your final acceptance of the Services.
4. We will make reasonable efforts to ensure that the Services meet with your satisfaction. Please bear in mind that our Support Team is ready to provide you with timely and efficient professional assistance. Be sure that we will find the best convenient solution for your query. We will gladly review your problems per your contacting us via http://www.yourdesigner.com/contact/. In the event of any dispute, you agree to contact us so that we may seek to resolve the dispute. In the event we are unable to resolve a dispute, either party may seek to resolve the dispute through binding arbitration or mediation by a mutually agreed upon alternative dispute resolution provider. The arbitration will be conducted solely by telephone and the party receiving an award may have it entered as a judgment in any court of competent jurisdiction. In the event either party rejects the alternative dispute resolution process, you agree that suit will be filed in the _______Court ,_______, Ontario, Canada and that you submit to personal jurisdiction of this Court.
5. EXCEPT AS PROVIDED IN THESE TERMS, WE PROVIDE OUR WEBSITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We specifically disclaim the accuracy of the information and content on our website and reserve the right to correct inaccurate information and/or content. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
6. IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THESE TERMS. OUR LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
7. While you will have unlimited use of the Services, you cannot re-sell or transfer ownership of the Services without our consent.
8. You agree to indemnify and hold us harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third party.
9. When you upload images and content to the website, you are granting a license to us to use such images and content. In so doing, you are representing to us that you are the owner of the images and/or content. You represent that your information: a) is true, accurate and not misleading; b) is owned by you and does not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights; c) does not contain any viruses, Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or d) does not use any robot, spider, scraper or other automated means to access the website for any purpose.
10. You may not use the website or Service for any illegal purpose. You agree to comply with all laws.
11. We may without notice, suspend or terminate your account if we suspect that you have violated any of these Terms or the [Privacy Policy hypertext link] or you have engaged in an improper or fraudulent activity.
12. Our collection and use of your personal information is described in our [Privacy Policy – hypertext link].
13. We agree to communicate with each other via the “YD Workshop” available on the website or via email. If you fail to respond to a message from us within two business days, we will have the right to terminate these Terms, suspend your use of the website or suspend your project. All notices to us intended to have legal effects must be in writing and delivered to: Imac Design Inc. [Address]
14. Either party may terminate these Terms upon notice to the other party. In such event, we shall continue to be obligated to provide Services for any pending projects and you shall continue to be obligated for payment for such Services. We do not provide any refunds of payments received. Sections 4, 5, 6, 7, 8, 10 and 13 shall survive termination of the Terms.
15. We each are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. These Terms shall be governed in all respects by the laws of the Province of Ontario, Canada as such laws are applied to agreements. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the website may be interfered with by numerous factors outside of our control. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
16. Pursuant to 17 USC § 512 (Digital Millennium Copyright Act), we have implemented procedures to receive written notification of claimed infringements. If you believe your copyrights are being infringed, please fax a written notice to us at XXX-XXX-XXXX and/or email us at and we will take appropriate action.
17. Imac Design Inc. owns all the intellectual property (including content, graphics, designs, trademarks, logos, buttons, icons, scripts and service names) contained on the website and grants you a limited license to view the intellectual property while you are using the website. Use of the website within “frames” is prohibited. Hypertext links to the website are permitted so long as the linking website does not have obscene or offensive materials and does not portray our website in a misleading or derogatory manner.
18. Some imagery, clipart and fonts used in our products are royalty-free and are the integral part of our products. One Time Usage License gives you the right to use images, clipart and fonts only as a part of the design built for you. Any kind of separate usage or distribution is strictly prohibited.
2. You must be 18 years and older to use this website and legally authorized to purchase our Services.
3. You must register your account prior to purchasing services and agree to abide by these Terms. You agree to pay all fees and taxes applicable to your purchase of Services using a credit card or PayPal in US dollars. An initial deposit will be incurred when you post your project and final payment will be due upon your final acceptance of the Services.
4. We will make reasonable efforts to ensure that the Services meet with your satisfaction. Please bear in mind that our Support Team is ready to provide you with timely and efficient professional assistance. Be sure that we will find the best convenient solution for your query. We will gladly review your problems per your contacting us via http://www.yourdesigner.com/contact/. In the event of any dispute, you agree to contact us so that we may seek to resolve the dispute. In the event we are unable to resolve a dispute, either party may seek to resolve the dispute through binding arbitration or mediation by a mutually agreed upon alternative dispute resolution provider. The arbitration will be conducted solely by telephone and the party receiving an award may have it entered as a judgment in any court of competent jurisdiction. In the event either party rejects the alternative dispute resolution process, you agree that suit will be filed in the _______Court ,_______, Ontario, Canada and that you submit to personal jurisdiction of this Court.
5. EXCEPT AS PROVIDED IN THESE TERMS, WE PROVIDE OUR WEBSITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We specifically disclaim the accuracy of the information and content on our website and reserve the right to correct inaccurate information and/or content. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
6. IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THESE TERMS. OUR LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
7. While you will have unlimited use of the Services, you cannot re-sell or transfer ownership of the Services without our consent.
8. You agree to indemnify and hold us harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or the rights of a third party.
9. When you upload images and content to the website, you are granting a license to us to use such images and content. In so doing, you are representing to us that you are the owner of the images and/or content. You represent that your information: a) is true, accurate and not misleading; b) is owned by you and does not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights; c) does not contain any viruses, Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or d) does not use any robot, spider, scraper or other automated means to access the website for any purpose.
10. You may not use the website or Service for any illegal purpose. You agree to comply with all laws.
11. We may without notice, suspend or terminate your account if we suspect that you have violated any of these Terms or the [Privacy Policy hypertext link] or you have engaged in an improper or fraudulent activity.
12. Our collection and use of your personal information is described in our [Privacy Policy – hypertext link].
13. We agree to communicate with each other via the “YD Workshop” available on the website or via email. If you fail to respond to a message from us within two business days, we will have the right to terminate these Terms, suspend your use of the website or suspend your project. All notices to us intended to have legal effects must be in writing and delivered to: Imac Design Inc. [Address]
14. Either party may terminate these Terms upon notice to the other party. In such event, we shall continue to be obligated to provide Services for any pending projects and you shall continue to be obligated for payment for such Services. We do not provide any refunds of payments received. Sections 4, 5, 6, 7, 8, 10 and 13 shall survive termination of the Terms.
15. We each are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. These Terms shall be governed in all respects by the laws of the Province of Ontario, Canada as such laws are applied to agreements. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the website may be interfered with by numerous factors outside of our control. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
16. Pursuant to 17 USC § 512 (Digital Millennium Copyright Act), we have implemented procedures to receive written notification of claimed infringements. If you believe your copyrights are being infringed, please fax a written notice to us at XXX-XXX-XXXX and/or email us at and we will take appropriate action.
17. Imac Design Inc. owns all the intellectual property (including content, graphics, designs, trademarks, logos, buttons, icons, scripts and service names) contained on the website and grants you a limited license to view the intellectual property while you are using the website. Use of the website within “frames” is prohibited. Hypertext links to the website are permitted so long as the linking website does not have obscene or offensive materials and does not portray our website in a misleading or derogatory manner.
18. Some imagery, clipart and fonts used in our products are royalty-free and are the integral part of our products. One Time Usage License gives you the right to use images, clipart and fonts only as a part of the design built for you. Any kind of separate usage or distribution is strictly prohibited.