Last updated: 16 May 2023
THIS TERMS OF USE AGREEMENT (the “Agreement”) constitutes a legally binding agreement by and between Designpicko under the laws of the Bangladesh (“DesignPicko”) and the client, whether personally or on behalf of an entity (“Client”), with regard to access and use of DesignPicko’s website: [https://www.DesignPicko.com/](https://www.DesignPicko.com/) (the “Website”) and any other media form, channel, mobile website or mobile application related, linked or otherwise connected thereto. If the Client fails to agree with and comply with all the terms, conditions, and obligations stated here, they are explicitly prohibited from using the Website, and they must cease their usage promptly. Subsequently, the association between the Client and DesignPicko shall come to an end and hold no further validity or effect between the parties, except for the continuing obligation of the Client to remunerate DesignPicko for the services provided. This payment obligation shall persist as an ongoing responsibility owed by the Client to DesignPicko.
Unless stated otherwise, DesignPicko owns the Website, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively or individually referred to as “Content”), as well as the trademarks, service marks, and logos (referred to as “Marks”) displayed on the Website. These are protected by copyright, trademark laws, and other applicable intellectual property laws of Bangladesh, foreign jurisdictions, and international conventions. The Content and Marks are provided on an “As-Is” basis solely for informational purposes and personal use. Unless explicitly stated herein, no part of the Website or Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or exploited for any commercial purpose without the express prior written permission of DesignPicko. DesignPicko reserves all rights to the Website, Content, and Marks.
Regardless of DesignPicko’s ownership of Submissions mentioned in Paragraph 4 (“Client Feedback”), all design and original source files created on behalf of the Client (“Projects”) belong to the Client. The Client has exclusive copyright ownership over all Projects. If any legal operation would grant DesignPicko ownership of a Project, either wholly or partially, DesignPicko hereby assigns its entire interest in the Project to the Client irrevocably and indefinitely without any limitations. The Client affirms that any materials provided to DesignPicko as examples or for inclusion in a project during the design process are owned by the Client and do not violate any third-party rights, including intellectual property and publicity rights. DesignPicko reserves the right to publicly showcase the Client’s design work, including on social media and its website, unless otherwise specified in Section 18 of this document.
If any Project includes fonts that are not owned by DesignPicko and require a commercial license for the Client to legally reproduce, distribute, or publicly display the Project (referred to as “Third-Party Fonts”), DesignPicko will communicate in writing to the Client that one or more Third-Party Fonts have been integrated into the Project. The Client will be informed that they need to purchase the appropriate licenses for the Third-Party Fonts from the rights-holder(s) to legally reproduce, distribute, or publicly display the Project. The notice will provide sufficient information for the Client to identify the required licenses and the contact details of the licensing source. Upon receiving proper notification from DesignPicko regarding the use of Third-Party Fonts as explained earlier, it is the sole responsibility of the Client to acquire the necessary licenses. The Client shall bear all consequences arising from their failure to obtain the required licenses for any Third-Party Fonts incorporated into the Project.
By accessing and using the Website, the Client affirms and guarantees that:
Client is explicitly prohibited from using or accessing the Website for any purpose other than its intended use as provided by DesignPicko. The Website may not be utilized for any commercial activities except those directly related to the services performed by DesignPicko on behalf of the Client. Furthermore, the Client agrees to refrain from engaging in the following actions: unauthorized use of the Website, extracting data or content to create a database or directory, circumventing or disabling security measures, unauthorized framing or linking of the Website, deceptive or fraudulent practices towards DesignPicko or other users, disrupting or burdening the Website or DesignPicko’s networks, competing with DesignPicko using the Website, reverse engineering the software, bypassing access restrictions, harassing or threatening DesignPicko’s employees or contractors, removing copyright notices, uploading viruses or malicious content, engaging in information collection or transmission, harming DesignPicko’s reputation, and violating applicable laws or regulations.
Client acknowledges and agrees that any questions, comments, suggestions, or other feedback or submission (referred to as “Submission”) shall become the exclusive property of DesignPicko. DesignPicko is not obliged to maintain the confidentiality of any Submission or take measures to ensure its confidentiality. DesignPicko shall possess all rights associated with the Submission, except to the extent that Client is granted rights under Paragraph 2 (“Ownership of Materials”). DesignPicko reserves the sole and unrestricted discretion to use and distribute the Submission for any lawful purpose without the need for permission, acknowledgment, or compensation to the Client. The Client affirms their right to express and provide the Submission and hereby waives any claims or recourse against DesignPicko for its utilization of the Submission in accordance with the terms outlined herein and at its sole discretion in the future.
DesignPicko retains the authority to monitor the Website to identify any infringements of these Terms of Use and to initiate appropriate legal measures in response to such violations or any applicable laws, statutes, or regulations. Additionally, DesignPicko reserves the right to limit or revoke the Client’s access to the Website or disable their usage thereof. These determinations shall be made solely at the discretion of DesignPicko, without prior notice or liability to the Client. All decisions concerning the management of the Website are exclusively within the discretion of DesignPicko and aim to safeguard DesignPicko’s rights and property.
By accessing and using the Website, the Client agrees to be bound by and comply with the Privacy Policy and its specific terms incorporated herein. The Website is hosted in Bangladesh, and accessing it from the EU, Asia, or other regions may subject the Client to different laws, statutes, or regulations regarding the collection, use, or disclosure of personal data. The Client’s ongoing use of the Website and data transfer to Bangladesh imply explicit consent to the transfer and processing of data within Bangladesh. DesignPicko does not knowingly collect or request information from individuals under the age of 18. In compliance with the Bangladesh Children’s Online Privacy Protection Act, if DesignPicko becomes aware that a person under the age of 13 has provided personally identifiable information without parental consent, DesignPicko will promptly delete such information.
DesignPicko retains the authority to exercise its discretion and decline refund requests without any obligation to provide notice or assume liability towards the Client. Refunds are evaluated on an individual basis. If the Client requests a refund within the initial month of usage, all materials generated by DesignPicko remain the exclusive property of the company and are strictly prohibited from being utilized by the Client in any manner. DesignPicko reserves the right to pursue legal action against the Client for any violation of this provision.
DesignPicko reserves the right to change, alter, modify, amend or remove anything or any content on the Website for any reason at its sole discretion. DesignPicko reserves the right to modify or discontinue all or part of the Website without notice and without liability to Client.
DesignPicko does not guaranty or warrant the Website will be available and accessible at all times. Issues with hardware, software or other items may result in interruption delays or errors beyond DesignPicko’s control. Client agrees that DesignPicko shall not be liable to Client for any loss, damage or inconvenience caused by Client’s inability to access or use the Website during any interruption in the connection or service.
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Bangladesh without regard to conflict of law principals.
DesignPicko explicitly disclaims all warranties, whether expressed or implied, relating to the Website and the Client’s usage thereof, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. DesignPicko does not provide any warranties or representations regarding the accuracy or completeness of the Website, its content, or any linked websites. Furthermore, DesignPicko assumes no liability for any errors, inaccuracies, personal injury, property damage, unauthorized access to secure servers or personal/financial information stored therein, interruption or discontinuation of transmission, bugs, viruses, or similar issues transmitted through the Website by third parties. DesignPicko also disclaims responsibility for any omissions in content or materials and any loss or damage resulting from the use of posted or transmitted content. DesignPicko does not warrant, endorse, guarantee, or assume responsibility for any products or services advertised or offered by third parties through the Website or any linked or advertised websites or mobile applications.
DesignPicko, along with its directors, employees, members, independent contractors, or agents, shall not be held liable to the Client or any third party for any direct, indirect, consequential, incidental, special, or punitive damages. Such damages include but are not limited to lost profits, lost revenue, lost data, attorneys’ fees, court costs, fines, forfeitures, or other losses arising from the Client’s use of the Website. The Client agrees to defend, indemnify, and hold DesignPicko, its subsidiaries, affiliates, officers, members, agents, partners, employees, and independent contractors harmless against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, brought by any third party. These claims may arise due to or in connection with: (1) the use of the Website; (2) a breach of these Terms of Use; (3) any breach of the Client’s representations and warranties stated herein; (4) the Client’s violation of the rights of any third party, including intellectual property rights. However, DesignPicko reserves the right, at the Client’s expense, to assume control and defense of any matter for which the Client is required to indemnify DesignPicko.
Client bears full responsibility for all data transmitted or associated with any activities conducted on the Website. DesignPicko holds no liability for any loss or damage to such data, and Client waives any claims or actions against DesignPicko arising from such loss or damage.
Client acknowledges and gives consent to receive electronic communications from DesignPicko. Client agrees that all agreements, notices, disclosures, and other communications sent via email or through the Website meet the legal requirement of written communication. Client further consents to the utilization of electronic signatures, contracts, orders, and other records, as well as the electronic transmission of notices, policies, and transaction records, whether initiated or completed by DesignPicko or through the Website. Client hereby waives any rights or obligations under any laws or regulations that require physical signatures, non-electronic records, or non-electronic payments or credits.
DesignPicko retains the right to publicly showcase and share design work on various digital platforms, such as social media and the website. Unless otherwise agreed upon. The Client reserves the right to issue an NDA between themselves and DesignPicko, which in turn would void the right of DesignPicko to share or discuss Client’s work publicly.
These Terms of Use, together with any policies posted on the Website or related to the Website, represent the complete agreement and understanding between DesignPicko and the Client. The failure of DesignPicko to enforce any right or provision in these Terms of Use does not waive that right or provision. If any provision or part of these Terms of Use is found to be unlawful, void, or unenforceable. The removal of any provision from these Terms of Use will not invalidate or render unenforceable the remaining provisions.
If you have any inquiries or concerns regarding the Website, please feel free to reach out to DesignPicko at the following email address: hello@designpicko.com.
