These Terms constitute a binding agreement between You (whether on behalf of Yourself or the entity that You represent) and Designs.net or the company operating Designs.net. By visiting or using the Website, You agree to accept and to be bound by these Terms. You agree to use the Website at Your own risk. If You do not agree to any of the Terms, please do not visit and/or use the Services.
Designs.net may, in its sole discretion, modify or update these Terms from time to time for legal or regulatory reasons or to allow the proper operation of the Website. If You do not wish to accept the new Terms, You should not continue to visit or use the Website. If You continue to use the Website after the date on which the change comes into effect, Your use of the Website indicates Your agreement to be bound by the new Terms.
The job posting, online resume search access and other features of the Website may be used by (i) creatives who are seeking employment, contract-based work and career information (“Creative(s)”) and also by (ii) registered employers registered with the Website (“Registered Employer(s)”) seeking Creatives to assist them with their work related needs.
The services (“Services”) mean any Services provided by Designs.net which include but are not limited to the below:-
(a) an online job site catered to Creatives and Registered Employers for the search and posting of job opportunities on the Website;
(b) talent sourcing services;
(c) an online resume search access for Registered Employers; and
(d) a recruitment management system.
To register on the Website, you must be 18 years old or above (or above the age of majority as defined in Your respective jurisdiction). You also represent and warrant that You have the right and capacity to use the Website in a manner consistent with any and all applicable laws in Your respective jurisdiction.
In order to use certain features of the Services, You will need to register for an account (“Account”) and provide accurate and complete information. You also represent and warrant that You will maintain the accuracy of such information. Designs.net may, in its sole discretion, terminate or cancel Your Account in the event You have breached these Terms.
When You register for an Account, You will be required to create a password. You are solely responsible for the activity that occurs on Your Account and You must keep Your Account password secure at all times. You must immediately notify Designs.net of any unauthorized use of Your Account or any breach of security. Designs.net will not be liable for any loss or damage arising from the unauthorized use of Your Account and You may be liable for all losses of Designs.net due to such unauthorized use.
If You have chosen not to register on the Website, You may visit certain features as a visitor.
Access to the Services
Designs.net hereby grants You a limited, terminable, non-exclusive, and non-transferable right to use and access the Services, provided that (including but not limited to the below):
(a) You shall not license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit any part of the Services, or any content displayed on the Services without Designs.net prior written authorization;
(b) You shall not modify or alter any part of the Services;
(c) You shall not access the Services through any technology or means other than the technology provided on the Services, or other authorized means Designs.net may designate;
(d) You shall not disseminate any unlawful, abusive, harmful or other prohibited material or breach any laws;
(e) You shall not transmit any materials that encourage conduct that constitutes a criminal offence or otherwise breaches any laws;
(f) You shall not interfere with any other user’s use or enjoyment of the Website;
(g) You shall not violate or attempt to violate the security of the Website;
(h) You shall not create any Account or post any information on behalf of another party;
(i) You shall not delete or alter any information posted by any other party;
(j) You shall not post any jobs on the Website for any competitors of Designs.net or post any jobs that contains links to any website competitive with Designs.net;
(k) You shall not send unsolicited mail or email and/or make unsolicited phone calls promoting any products or services to any visitor or user of the Website;
(l) You shall not attempt to interfere with the Services of any user, including without limitation to, via means of submitting a virus to the Website, overloading, “flooding”, “spamming”, “mail-bombing” or “crashing”;
(m) You shall not forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting; and
(n) You shall not use or launch any automated system, including without limitation, “robots”, “spiders” or “offline readers” that accesses the Services in a manner not humanly possible.
Designs.net reserves the right at any time, to limit, modify, suspend or discontinue the Services with or without notice to You for whatsoever reason. You agree that Designs.net will not be liable to You or to any third party for any modification, suspension, or discontinuation of the Services. You further agree that Designs.net will have no obligation to provide You with any support or maintenance in connection with the Services.
Unless otherwise indicated, any future release, update or other added features of the Services shall be subject to these Terms.
User Content and submissions
You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by You on or through the Website (“User Content”) is the sole responsibility of the person from which such User Content originated.
You understand and acknowledge that all information provided by you, your Designs.net profile, resume, and/or account information shall be stored in Designs.net’s database.
By submitting, posting or displaying User Content on the Website, you grant Designs.net subject to your privacy setting, a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content through the Website and its associated websites. Designs.net will discontinue this licensed use within a commercially reasonable period after such User Content is removed from the Website.
Designs.net reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.
If you post User Content in any public area of the Website, you also permit any User to access, view, store and reproduce such User Content for personal use.
Designs.net may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of the Website and its associated websites. Designs.net reserves the right to expel users and prevent their further access to the Designs.net website and its associated websites and/or use of the Services for violating the Terms or applicable laws, rules or regulations. Designs.net may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Designs.net (and its associated websites), damage Designs.net’s brand or public image, or cause Designs.net to lose Users.
Designs.net does not represent nor guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users nor does Designs.net endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
Additional Terms Applicable to Registered Employers
Designs.net hereby grants You as the Registered Employer a limited, terminable, non-exclusive, and non-transferable right to use and access the Services for employment purposes.
You are solely responsible for Your postings on the Website and Designs.net is not to be considered to be an employer with respect to Your use of any features of the Website, and Designs.net shall not be responsible for any employment decisions made by any Registered Employer for whatever reason.
You hereby represent and warrant that any information or content provided by You will not violate any laws, regulations, intellectual property rights, privacy, publicity rights and defamation laws.
You also represent and warrant that You may not include false, inaccurate, misleading, or irrelevant information to the job posting being posted on the Website. The information or material cannot be discriminatory, sexually explicit, defamatory, threatening, or abusive. The job posting also cannot contain any “hidden” keywords, repeated keywords or keywords that are irrelevant to the job.
You are not allowed to post any job opportunity that does not comply with applicable laws, including without limitation to employment law and intellectual property law.
You shall not create any content encouraging money laundering or otherwise unlawful in any manner whatsoever, including without limitation to pyramid scheme, ponzi schemes, distributorship, or multi-level marketing opportunities on the Website.
Additional Terms Applicable to the Creatives
Designs.net hereby grants You as the Creative who registers an Account on the Website a limited, terminable, non-exclusive, and non-transferable right to use and access the Services to seek job opportunities for Yourself.
You hereby represent and warrant that any information or content provided by You will not violate any laws, regulations, intellectual property rights, privacy, publicity rights and defamation laws.
You also represent and warrant that You may not include false, inaccurate, misleading, or irrelevant information when registering an account, using and accessing the Service.
You agree that all information provided by You shall be disclosed to such Registered Employers for employment purposes.
You shall not post any resume or apply for any job on behalf of another party or defer any contact from such Registered Employers to any third party, agent or agency.
Availability of the Services and Website
Designs.net makes no promise that the Services at the Website will meet Your requirements or expectations although Designs.net aims to offer You the best Services possible. Designs.net also cannot guarantee that the Website will be fault-free, error free, or that the Website is free of viruses or other harmful mechanisms. If a fault occurs on the Website, You should report it to email@example.com and Designs.net will attempt to correct the fault.
Your access to the Website may be occasionally restricted to allow for repair, maintenance, or the introduction of new features of the Services.
Suspension or Cancellation of Account
Designs.net may, in its sole discretion, suspend or cancel Your Account immediately if You breach any of Your obligations under these Terms.
You understand and agree that if You cancel Your Account or if Your Account is terminated, all the information including saved resumes, network connections and email mailing lists will be marked as deleted. That information may continue to be available for some period of time because of delays in propagating such deletion through Designs.net’s web server.
You can cancel Your Account at any time by informing Designs.net at firstname.lastname@example.org.
You acknowledge that all trademarks, service marks, copyrights, and logos in relation to Designs.net (“Marks”) on the Website are owned by Designs.net or licensed to Designs.net. Neither these Terms nor Your access to the Website transfers to You or any third party any rights, title, or interest in or to such Marks, except as otherwise provided in these Terms.
Other Links and Advertisements
The Services may contain links to other websites and/or advertisements. These websites and/or advertisements may not be owned or controlled directly by Designs.net and Designs.net assumes no responsibility for the content, privacy policies, or practices of these websites and/or advertisements. In addition, Designs.net will not and cannot censor or edit the content of any other websites and/or advertisements.
By using the Services, You acknowledge and agree that Designs.net shall not be responsible for Your use of any other websites and/or advertisements. Your use of any other websites and/or advertisements are at Your own risk, and You should apply a suitable level of caution and discretion in doing so. When You click on any of the other websites and/or advertisements, other website’s terms and policies apply, including their privacy and data gathering practices. You should make whatever investigation You feel necessary or appropriate before proceeding with any other websites and/or advertisements.
Intellectual Property Rights
Designs.net, the Website, and all rights, title and interest in relation to Designs.net are the exclusive property of Designs.net. The Website is protected by copyright, trademarks and other intellectual property rights.
Aggregated Anonymous Data
Notwithstanding anything to the contrary herein, You agree that Designs.net may use, process, manipulate, modify, copy, publicly perform and display, compile, and create derivative works from users’ data and any other data related to the Services, including, but not limited to, using such data for any internal business purposes, and for the improvement, support, and operation of the Services, and/or the development of the Website.
DESIGNS.NET’S WEBSITE, CONTENT AND/OR SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT ALL WARRANTIES, EXPRESS OR IMPLIED OF ANY KIND, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DESIGNS.NET AND ITS OFFICERS, DIRECTORS AND EMPLOYEES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. DESIGNS.NET MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. DESIGNS.NET DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DESIGNS.NET WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
YOU HEREBY RELEASE AND FOREVER DISCHARGE US FROM, AND HEREBY WAIVE AND RELEASE, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE (INCLUDING PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE), THAT HAS ARISEN OR ARISES DIRECTLY OR INDIRECTLY OUT OF, OR RELATES DIRECTLY OR INDIRECTLY TO, YOUR USE OF THE DESIGNS.NET WEBSITE AND/OR SERVICES, ANY INTERACTIONS OR TRANSACTIONS OF YOU WITH, OR ACT OR OMISSION OF YOU IN RELATION TO OTHER USERS.
Limitation of Liability
IN NO EVENT SHALL DESIGNS.NET, ITS OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF INFORMATION, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
YOU SPECIFICALLY ACKNOWLEDGE THAT DESIGNS.NET SHALL NOT BE LIABLE FOR THE CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
To the extent permitted by applicable law, You agree to defend, indemnify and hold harmless Designs.net, its affiliates, officers, directors and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses arising from: (i) Your use of and access to the Services; (ii) Your violation of any of these Terms; (iii) Your violation of any third-party right, including without limitation any copyright, property, or privacy right; (iv) Your violation of applicable laws or regulations; or (v) any claim that Your content caused damage to a third party. This defence and indemnification obligation will survive the termination of these Terms and/or Your use of the Services. Designs.net reserves the right to assume the defence and control of any matter for which You are required to indemnify us, and You agree to cooperate with our defence of these claims.
The parties are independent contractors and no employment, agency, or joint venture is created hereunder. These Terms, and any rights and licenses granted hereunder, may not be transferred, or assigned by You, but may be assigned by Designs.net without restriction.
Designs.net makes no promise that information on the Website are appropriate or available for use in Your location, and accessing the Website from territories where such information is illegal or unlawful is prohibited. If You choose to access this Website from Your location, You shall on Your own initiative and are responsible for compliance with local laws and regulations.
Governing Law and Dispute Resolution
This Agreement shall be governed by, and shall be construed in accordance with, the laws of Singapore. Any dispute, controversy or claim arising out of or relating to this Agreement, including the validity, invalidity, breach or termination thereof, shall be settled by arbitration in Singapore. The number of arbitrators shall be one. The decision of the arbitrator shall, except in the case of manifest error, be final and binding upon the parties hereto. The arbitration proceedings shall be conducted in English.
These Terms constitute the entire agreement between You and Designs.net regarding its subject matter. Should any provision of these Terms be held to be void or invalid, that fact will not affect any other provision, and the remainder of these Terms will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Failure by either party to enforce any provision of these Terms will not be deemed a waiver of future enforcement of that or any other provision.
Unless as otherwise stated in these Terms, should any provision of the these Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of these Terms, and the application of that provision shall be enforced to the extent permitted by law.
You agree that the communications between You and Designs.net use electronic means. For contractual purposes, You consent to receive communications from Designs.net in an electronic form, and agree that all terms and conditions, agreements, notices, disclosures, and other communications that Designs.net provides to You electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect Your non-waivable rights.