TERMS AND CONDITIONS
This document (“Terms”, “Terms and Agreements”, “Terms and Conditions”, “Conditions”, “Agreement”, “Contract”, “A’ Design Award & Competition Terms and Agreements”, “Competition Terms and Conditions”, “Award Terms”, “A’ DESIGN AWARDS TERMS”) is a legally binding agreement between you as the User (“User”, “You”, “Your”, “Your Workers”, “Your Agents”, “Your Company”, “Yourself”, “Customer”, “Buyer”, “Seller”, “Designer”, “Architect”, “Artist”, “Design Agency”, “Design Team”, “Member”, “Members”, “Participant”, “Participants”), and A' DESIGN AWARD & COMPETITION SRL (“A’ DESIGN AWARDS”, “A' Design Award & Competition”, “A' Design Awards”, “Design Award”, “A' Design Competition”, “DesignAward.com”, “ADesignAward.com”, “Designers.org”, “World Design Consortium”, “We”, “Us”, “Our”, “Ourselves”), located in Via Leone Leoni 32, 22100, Como / Italy. By browsing or using the A’ DESIGN AWARDS, you agree to completely comply with the Terms and Conditions noted in this document without any reservation and you are accepting and agreeing to these terms which shall constitute a binding agreement between You and A’ DESIGN AWARDS.ACCESSING, BROWSING, SCROLLING, VIEWING, CHECKING, CRAWLING, SCRAPING, RETRIEVING DATA OR OTHERWISE USING A’ DESIGN AWARDS INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE, PLEASE DO KINDLY READ THE TERMS AND AGREEMENTS VERY CAREFULLY BEFORE PROCEEDING AS YOU ARE LEGALLY BOUND WITH IT.
Your usage of A’ DESIGN AWARDS is subject to terms and conditions defined in this document:
1. You communicate in and understand English, or a third-party translator have translated this agreement to you under oath and with full legal rights to translate legally binding contracts and agreements, in a faithful and fluent way that you understood correctly.
2. You have read and understood this contract, which is in English. You agree to each and every point of this contract, agreement, terms and conditions.
3. You state that You have read the entire Agreement, You understand all the Terms, and You accept all the Conditions.
4. You state that You are lawfully permitted to enter into and form contracts under applicable law. Before you could enter into our Terms and Conditions contract, you must be of legal age and in a reasonable, sound state of mind.
5. We might provide translation of these terms to other languages or you might have the terms translated to your language, but such translations are merely to help you understand better, and they do not constitute the actual agreement; the English version as provided by A’ DESIGN AWARDS shall be considered the agreement.
6. You understand and agree that A’ DESIGN AWARDS does not provide you legal advice, legal recommendation, or information with legal requirements or laws applicable to your use or applicable to your end Users or compliance with laws, this also includes but not limited to tax calculation, taxation, import or export tariffs, intellectual property and copyright laws or list of materials that you might be permitted to import or export and any other information or question that shall be replied by local authorities, governments or lawyers. You should consult to a lawyer when you have doubts about whether your activity or Content is legal, you should consult a lawyer when you have questions with respect to your interaction with or Content you provide to A’ DESIGN AWARDS. A’ DESIGN AWARDS is not your lawyer, A’ DESIGN AWARDS is not a law firm, any piece of information or suggestion that you access or see at A’ DESIGN AWARDS which could resemble legal advice is solely for informative purposes, please always consult a lawyer or law firm, we do not provide legal help, legal information or legal suggestions, and you are solely responsible for ensuring the legality of your business and your interaction with A’ DESIGN AWARDS and its members. Remember that laws change frequently, you are also responsible for keeping up to date with law provisions, laws, tariffs, taxation and other legal requirements in your country or in the countries to where you make or intend to make sales, sales inquiries or transactions. If you sell, buy, purchase, rent, giveaway for free, gift, lease or acquire any product, project, service, experience or idea thanks to, via, in relation to, with or at A’ DESIGN AWARDS or if you engage in any sort of barter, trade or business thanks to, via, in relation to, with or at A’ DESIGN AWARDS, it is absolutely in your responsibility to calculate or determine if you need to collect or pay taxes, you are responsible for calculation of the tax amounts you should be collecting or paying and you are eventually responsible to pay the taxes you collect back to your tax authority and to make sure the tax amounts you collected or paid are valid, correct and legal. You agree that we could release and share your A’ DESIGN AWARDS transaction history, transaction details and personally identifiable information with tax authorities, at our sole discretion, without informing you in advance and without informing you at all. Furthermore, A’ DESIGN AWARDS could potentially host contract generators or templates in its platform, please note that any such contract generators, contract templates or their output shall never be trusted and any such contract generators, contract templates or their output shall never be used without consulting to a lawyer, law firm and laws in countries where they might be used. If you use any contract generators, contract templates or their output, you will be under risk, you understand and acknowledge all risk, and you claim all liability, all potential damages direct or indirect, for your use of any contract generators, contract templates or their output; always consult a lawyer, never use the contract generators, contract templates or their output as is.
7. A’ DESIGN AWARDS “Members” are other A’ DESIGN AWARDS Users who interact with A’ DESIGN AWARDS, its information systems, computer interaction, its business, and its entity. “Sellers” are “Members” who “Sell” any products, goods, information, licenses, services or experiences at A’ DESIGN AWARDS. “Buyers” are “Members” who “Buy” any products, goods, information, licenses, services or experiences at A’ DESIGN AWARDS. “Designers” are “Members” who upload any designs, projects, schematics, ideas, visuals, information, data to A’ DESIGN AWARDS.
8. It is absolutely important to read the whole terms since we might talk about similar contexts and subjects in different points, it is essential to read all the points to have a complete understanding.
9. We would like to remind you that You may not use A’ DESIGN AWARDS and may not accept the Terms if you are not of legal age, and if you do not have the legal capacity to accept Terms. If you do not agree with the Terms then you may not use A’ DESIGN AWARDS. Using, browsing and interacting with A’ DESIGN AWARDS indicates explicitly agreeing to these Terms. You cannot use A’ DESIGN AWARDS if you are not permitted to receive any service under the European Union laws or the laws of other countries, regions or locations where you might reside or where you use access A’ DESIGN AWARDS.
10. We might update but not obliged to update the terms anytime we wish, and if we do, it is your responsibility to read it again and to agree it again or to cease using A’ DESIGN AWARDS. We could make addendums, additions and extend the terms as we see fit. The terms cannot be modified by you, only A’ DESIGN AWARDS can make changes to these terms. If we update the terms and you keep using A’ DESIGN AWARDS, then it is considered that you accept and agree to the new terms. In case terms change and if you do not like the new terms, you should stop using A’ DESIGN AWARDS, if you do not like or agree with the modified terms you should stop using A’ DESIGN AWARDS. If you cease using A’ DESIGN AWARDS because you no longer agree with its updated terms, A’ DESIGN AWARDS cannot be hold responsible for any damages direct or indirect, financial or otherwise you might incur. You acknowledge all risk arising due to your decision of ceasing to use A’ DESIGN AWARDS. A’ DESIGN AWARDS disclaims all damages arising due to your decision of ceasing to use A’ DESIGN AWARDS.
11. If You are using or browsing A’ DESIGN AWARDS on behalf of an entity including but not limited to other private or legal persons such as your employers, companies, governments or enterprises, then, You also state and warrant that you have the necessary authority or have been legally delegated to make a binding agreement on behalf of that entity. If you create an account for others or other entities, then the private or legal person you represent shall be considered the owner of accounts however this does not limit your liability for damages or fines; you shall be as much responsible for your interaction with A’ DESIGN AWARDS as the entity you represent. We remind you that these terms binds You, any entities you represent and your respective heirs, the representative heirs of the entities you represent, your representatives, or representatives of the entities you represent, permitted and approved successors of you or the entities you represent, and any other private or legal body that might control your estate or heirs or the estate or heirs of the entities you represent such as by mergers and acquisitions or any permitted assigns of you or the entities you represent.
12. We might give, reveal, transfer your account, account data, your Content and interaction history to your manager, your boss, and your institutional superiors. Furthermore, if you opened an account for a company or an institution or any other entity, we could transfer your account to the company, institution or entity that you were acting on behalf of. You agree that your account, account data, your Content and interaction can be transferred to third parties without any obligations. We might transfer all your interaction data including but not limited to the data and designs you uploaded, products you view, purchases you made and other history data to others. We are not obliged to inform you and we are not required to seek your permission if we decide to transfer your account, account data, your Content and interaction history to third-parties.
13. We reserve the right to split or merge accounts as well. If we merge accounts, we reserve right to choose who would rule the merged accounts. If we split the accounts, we reserve the right to choose who would hold which aspects of the split accounts.
14. If you have End Users, for example including but not limited to cases when you registered an account for your company or institution or an entity you represent, and if you grant your workers or staff or patrons or third parties to access A’ DESIGN AWARDS, you promise to require and guarantee such End Users to comply with these terms, and you as the accepter of the agreement must also oversee their interaction with A’ DESIGN AWARDS to ensure their interaction is not against laws, regulations and the terms.
15. You agree to report any User who violates the terms and agreements, laws and regulations, engage in criminal activity or unethical behaviour, including yourself. You agree to comply with all relevant laws and regulations when you use A’ DESIGN AWARDS.
16. You are also solely responsible for knowing the required tax amounts, having the knowledge about tax requirements and laws, as well as collecting such amounts and or paying any applicable taxes for any purchases or sales you make through A’ DESIGN AWARDS. You are legally obliged to issue invoices or receipts or proof of purchases to Buyers. You are solely responsible for all of the payments as well as terms and conditions of any transactions involving the purchase or sale of products and services available at A’ DESIGN AWARDS or offered by A’ DESIGN AWARDS members, including but not limited to, your compliance with terms and agreements, payment terms and methods, making payments, return policies and returns, warranties, transportation, storage, shipping and handling, liabilities, permits, custom duties, insurance fees, applicable taxes, title and licenses, all of which must be in accordance with the applicable law. You agree to follow the terms regardless of whether the transaction was processed via or through A’ DESIGN AWARDS or not.
17. It is important to understand that A’ DESIGN AWARDS Sellers can add additional manual, dynamic or automated rules for sales, returns, refunds or fulfilment as well as add or assign “additional sales terms”, “additional return terms and conditions” and other additional “sales policies” to products and services they make available at A’ DESIGN AWARDS. You shall also read, consider, agree, acknowledge and accept responsibility for such additional terms by Sellers when making a purchase or an order. Unless additional terms for refunds or sale are provided by the Sellers, default sales and return policy of A’ DESIGN AWARDS shall be in effect, but if the Sellers provide their own terms then you also should agree to these additional terms before making a purchase or an order as you would also be legally bound by these additional terms provided by Sellers as well in addition to these Terms and Agreements.
18. You are fully responsible for any Content you provide to A’ DESIGN AWARDS.
18.1 Content can be any digital or physical material including but not limited to video, image, sound, photographs or other file or item that contain any data or information that might be subject to copyright.
18.2 A’ DESIGN AWARDS Ecosystem is a large collection of websites, internet domains, information technologies and platforms that is owned by, controlled by or governed by A’ DESIGN AWARDS including but not limited to media syndication networks, specialized website, platforms, landing pages, domains, blogs, internet publications and more. Every right and permission you grant to A’ DESIGN AWARDS in regards to your Content, you also grant to A’ DESIGN AWARDS Ecosystem. A’ DESIGN AWARDS at its sole discretion may decide whether a website, domain, media, company or publication is part of its Ecosystem or not.
18.3 It is your responsibility to ensure that any Content you upload, hand-in or provide to A’ DESIGN AWARDS is your own Content and/or you have full rights to provide us with a license that will satisfy your requirements to fulfil this contract; that is you would be granting A’ DESIGN AWARDS an irrevocable, perpetual, unlimited, non-exclusive, royalty-free, transferable, infinitely sub-licensable, worldwide license to use and exploit your Content, and very importantly and especially you are reminded that you allow A’ DESIGN AWARDS to publicly publish, exploit and promote your Content as well as to permit any third-parties including but not limited to press partners, marketing platforms and affiliate websites as decided by A’ DESIGN AWARDS at its sole discretion, as well as A’ DESIGN AWARDS itself and A’ DESIGN AWARDS Ecosystem to promote, publish or exploit your Content without any obligations or dues towards you or to any third-parties. If any Content you have provided to A’ DESIGN AWARDS, and/or any Content you provided to A’ DESIGN AWARDS that is published at A’ DESIGN AWARDS Ecosystem and/or any Content you provided to A’ DESIGN AWARDS published by third-party websites including but not limited to press members and media that promote and publish A’ DESIGN AWARDS Content, results in a copyright infringement notice against A’ DESIGN AWARDS, A’ DESIGN AWARDS Ecosystem and/or A’ DESIGN AWARDS press partners and/or A’ DESIGN AWARDS media syndication network, then you agree and understand that you would be solely and fully responsible and you further understand and agree that you will agree to fully indemnify, release, protect, defend, and hold harmless A’ DESIGN AWARDS, A’ DESIGN AWARDS owners, A’ DESIGN AWARDS stakeholders, A’ DESIGN AWARDS shareholders, A’ DESIGN AWARDS Ecosystem, A’ DESIGN AWARDS Press Partners, A’ DESIGN AWARDS Affiliates and/or A’ DESIGN AWARDS Media Syndication Network for and from any Claims, Costs and Damages and reimburse A’ DESIGN AWARDS for or bear any Cost or Damages including but not limited to any due fees, licensing fees, copyright infringement fees, settlement fees, ancillary charges, costs, dispute costs, penalties and government fees and agree to protect, release, defend, hold harmless and indemnify A’ DESIGN AWARDS, A’ DESIGN AWARDS owners, A’ DESIGN AWARDS stakeholders, A’ DESIGN AWARDS shareholders, A’ DESIGN AWARDS Ecosystem, A’ DESIGN AWARDS investors, A’ DESIGN AWARDS directors, A’ DESIGN AWARDS agents, A’ DESIGN AWARDS affiliates, A’ DESIGN AWARDS directors, A’ DESIGN AWARDS officers, A’ DESIGN AWARDS press partners, A’ DESIGN AWARDS media syndication network and A’ DESIGN AWARDS employees from any and all damages, including without limitation all costs, fees, penalties, claims, demands, actions, proceedings, costs, expenses, ancillary charges, auxiliary costs, allegations, assertions, complaints, causes of actions, investigatory costs, loss of profits, intangible losses, loss of goodwill, attorneys’ fees, litigation costs, judgements, suits, costs of any investigation, defences, settlements, known or unknown, direct or indirect, consequential or non-consequential, incidental or non-incidental, actual, legal, special, punitive, extraordinary, exemplary or any other damages, arising out of or in connection with any and all issues that is regarding to any Content you have provided to A’ DESIGN AWARDS, that you have directly or indirectly by means of providing to A’ DESIGN AWARDS; provided to A’ DESIGN AWARDS press partners, to A’ DESIGN AWARDS media syndication network, to A’ DESIGN AWARDS, to yourself or to third-parties, regardless of whether A’ DESIGN AWARDS was advised of the possibility of such damages, charges or costs, notwithstanding any allegations that A’ DESIGN AWARDS was negligent, responsible or otherwise at fault.
18.4 You further understand and agree that A’ DESIGN AWARDS will charge you for all costs relating to replying or disputing any copyright infringement notices that relates to your Content, you agree and understand that you will pay A’ DESIGN AWARDS, within seven working days, at least 100 Euro for replying to each distinct copyright infringement notices, Content takedown request or email notifications, reply to letters, reply to replies and any further communication, regardless of whether your Content is actually infringing copyrights of third parties or not. It is good to remind that your single piece of Content might result in multiple copyright infringement notices, especially if syndicated through A’ DESIGN AWARDS Ecosystem; your Content might appear multiple times throughout our network and/or be published at multiple websites and therefore you would be charged multiples of 100 Euro amounts if that's the case, furthermore if a third-party contacts us multiple times regarding copyright infringement, such as by sending us follow-up emails, requesting us further information and similar, we will charge 100 Euro for each additional communication and each request. Furthermore, if third parties force, require or kindly ask A’ DESIGN AWARDS to pay licensing fees, A’ DESIGN AWARDS at its sole discretion may decide to pay such fees at its sole discretion, even if your Content is not actually infringing, even without any court cases or legal decisions. If A’ DESIGN AWARDS pays any licensing fees in regards to your Content or incurs any cost, damages, fees, fines, charges, penalties or dues because of your Content, you agree and understand to pay A’ DESIGN AWARDS ten (10) times the cost of all licensing fees paid to and/or asked by third parties together with any related costs, fees, damages, fines, charges, penalties and dues incurred by A’ DESIGN AWARDS due to your Content to A’ DESIGN AWARDS, within fourteen (14) days.
18.5 If A’ DESIGN AWARDS receive a copyright infringement notice or dispute in relation to your Content, A’ DESIGN AWARDS at its sole discretion may decide whether to take down, conceal, delete or unpublish your Content or not, without informing you, without any obligations towards you, without seeking your permission. If A’ DESIGN AWARDS decides not to take down, unpublish, conceal or delete your Content, even if such decision is taken by A’ DESIGN AWARDS, you will still be legally and fully responsible for any and all costs, damages, fees, fines, charges, penalties and dues that not deleting, not taking down, not unpublishing and not concealing your Content might create, and you are reminded you also promise to protect, indemnify, release, defend, and hold harmless A’ DESIGN AWARDS for and from any and all claims, costs and damages, including without limitation all costs, fees, penalties, claims, demands, actions, proceedings, costs, expenses, ancillary charges, auxiliary costs, allegations, assertions, complaints, causes of actions, investigatory costs, loss of profits, intangible losses, loss of goodwill, attorneys’ fees, litigation costs, judgements, suits, costs of any investigation, defences, settlements, known or unknown, direct or indirect, consequential or non-consequential, incidental or non-incidental, actual, legal, special, punitive, extraordinary, exemplary or any other damages, arising out of or in connection with any and all issues that is related to your Content.
19. PLEASE KINDLY NOTE THAT THIS AGREEMENT AS WELL AS DISPUTES WITH A’ DESIGN AWARDS, CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. BY AGREEING TO THE TERMS AND CONDITIONS, YOU AGREE TO RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND THAT YOU WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS.
20. Before you could request Content from A’ DESIGN AWARDS, or before you could browse A’ DESIGN AWARDS or when you sign-up to A’ DESIGN AWARDS, you must agree to these Terms. A’ DESIGN AWARDS can limit your interaction with A’ DESIGN AWARDS and its members without notification and without any reasons noted. A’ DESIGN AWARDS also could reject your further access to services, block you, or simply ignore you. A’ DESIGN AWARDS can reject your application for member account that might be needed to access further benefits, in our sole discretion.
21. A’ DESIGN AWARDS reserves right to but not obliged to audit you if for example your account is compromised or if we believe that your networks are compromised. We might ask a third-party to check and audit you for security of your systems and facilities.
22. A’ DESIGN AWARDS reserves the right to but not obliged to check where you design, manufacture, create, package or realize your products and services. We can check you for any reason but mostly we might want to audit you to determine if you are the original designer, original manufacturer, direct-supplier or whether your products might be compliant with our guidelines and more. If we have to audit you, you will give us or third parties that we might assign as auditors the permission to inspect your premises, your entity and your details.
23. A’ DESIGN AWARDS allows its Members to sell at A’ DESIGN AWARDS, and some Members have further terms and conditions, refund policies, return policies, warranty policies and or any other terms or policies that they might add, assign or link to a design, a service, an item or a product. If you purchase such items, services, designs or products, you also agree to these additional terms and conditions that are set by the Members. As a User, it is important that you understand, acknowledge and accept such terms as well.
24. A’ DESIGN AWARDS offers a wide range of services and for such additional services, additional terms and agreements might apply. If you use these other services, you also agree to their additional terms, which shall be considered as an addendum to this agreement. If the terms of other A’ DESIGN AWARDS services might have conflicts between this agreement, then the specific provisions in the terms of other A’ DESIGN AWARDS services shall prevail, be considered and in control instead, especially in your relation with the usage of that service.
25. You agree and acknowledge that we will use your email as the primary method for communication with you; if you did not provide us any email or if your email is no longer working, you must contact us and provide us an email address which we could contact you, furthermore you also agree to take the necessary and reasonable effort to have our emails delivered to you such as whitelisting our emails. You agree that all communications including but not limited to agreements, notices, alerts, fulfilment requests, invoices, or disclosures that we provide to you in electronic format shall satisfy any legal requirement that such communications be in writing. Electronic format communication could include but not limited to; email, mobile messages, online pages, online notifications, short message service, pager, push notifications, and other digital communication via A’ DESIGN AWARDS. We might, but not legally obliged to, request additional, personally identifying information including but not limited to valid identity, driver’s license, social security number, identity card number, passport number and similar documents if you contact us regarding resetting your password, recovering your email address, changing your email address assigned to your account and if you are unable to provide us valid identity, we might refuse to comply with your request at our sole discretion.
26. You agree that you will never mark our emails as spam; instead you must request us to remove your email address from our newsletters or you should request us to mark you in our database not to send marketing or promotional emails. Your request of removal from marketing emails does not stop you from receiving our legal emails or service notifications. Indeed, you agree that you will receive our service communication emails which are very important especially if you create an account, interact with, upload a design, buy or sell at A’ DESIGN AWARDS. You agree, accept and acknowledge that A’ DESIGN AWARDS could but not obliged to use automated telephone dialing, text messaging systems and email to provide messages to you about your A’ DESIGN AWARDS account, fulfilment, order requests or any other information that we might deem important or you state that you anticipate this type of communication from us just in case, we remind you that if we make robot calls, these messages might be played automatically once the phone is answered by you or others and sometimes they might contain important information, you are giving us to contact you using templates and pre-recorded messages. You agree and acknowledge that you are liable to receive our calls and also you are liable for any damages, fees including but not limited to legal expenses if you provide a wrong phone number, if you do not update your phone number, if you provide a wrong contact number, or wrong email and if recipients of such communications make a complaint against us, you will withhold us from any damages and expenses due to our unintended communication with unintended recipients. We also remind you that you agree, acknowledge and assume all costs that might relate you to get emails, communication, messages or phone calls, telecommunication charges, internet costs and more. You agree to immediately notify us if you change your email, your contact information including but not limited to your postal address, phone numbers, fax or others.
27. When you view a listing at A’ DESIGN AWARDS, listings could include but not limited to product, service or experience offerings by Sellers, you are accessing Content of the Seller via A’ DESIGN AWARDS, any and all information related to the listing is the responsibility of Seller, and any and all understanding, acceptance, acknowledge or assumptions belongs to Buyers, especially when Buyers agree to purchase an item, then the Buyer is responsible to read any details, any warnings, descriptions, conformity or hazard information, and any other agreements or terms; these agreements and understanding is formed between the Seller and the Buyer, and A’ DESIGN AWARDS does not determine or advise or in any way involve itself in the offering or acceptance of such contractual terms or agreements between the Buyers and Sellers. At no time shall A’ DESIGN AWARDS hold any right, title or interest over the products nor shall A’ DESIGN AWARDS have any obligations or liabilities in respect of such contract entered into effect between Buyers and Sellers. A’ DESIGN AWARDS is not responsible for unsatisfactory, low, poor or delayed performance of services or damages or delays as a result of any products, designs, or services, including but not limited to products that are out of stock, unavailable or back ordered or services that are unfillable, or designs that are unrealizable. A’ DESIGN AWARDS is not responsible for breach of contract in regards to the designs, goods and services sold by Sellers; Sellers are responsible for their own products, designs, services or items that they upload, list for sale or made available for order. Likewise, when you view a design, audio-visual or textual data at A’ DESIGN AWARDS, you are most likely accessing the Content of another Member, A’ DESIGN AWARDS and all information related to such Content, design, audio-visual or textual data; their correctness and their conformity with laws, regulations, is the responsibility of the Member who provided the design, audio-visual or textual data.
28. Although it is simple and straightforward, we would like to remind you that if you sell at A’ DESIGN AWARDS you are the “Seller”. If you buy at A’ DESIGN AWARDS you are the “Buyer”. If you upload a design, you are the “Designer”. You can at different times be a Designer, Seller or Buyer, you being a Buyer does not stop you being also a Seller, and you being a Seller does not stop you from being a Buyer; indeed theoretically it could happen such that you might, at the same moment, sell and buy from A’ DESIGN AWARDS and you might fulfil the description of Buyer and Seller at the very same time. Likewise, you could be Designer and Buyer or Designer and Seller, or Designer, Buyer and Seller. You do not need to have multiple accounts to upload a design, sell and buy products, experiences, designs, services and data, however if you are buying for yourself individually or personally and if you also would sell via your company account or if you will sell on behalf of another entity then for sure you should open an account for the entity provided you have all the legal rights and basis to do so. It is better, and in most cases required by law to have separate accounts for your personal needs and business needs, you are responsible to ensure that you use the right account for your order.
29. In order to use certain functionality of A’ DESIGN AWARDS, you might need to register, sign-up and be logged-in. In order to use any functionality, you should always agree to these Terms. Some A’ DESIGN AWARDS functionality might require you to fulfill certain preconditions or have certain software, devices, tools, access privileges, computing system requirements or capacities; your lack of satisfying conditions or your lack of any required software, devices, tools, access privileges, computing systems or capacities could result in You not being able to fully utilize A’ DESIGN AWARDS and could even result in direct or indirect damages to You or third-parties; in all cases, you understand, acknowledge and agree that it is your responsibility to satisfy preconditions and have any and all required software, devices, tools, access privileges, computing system requirements or capacities to access, view, use, interact with and utilize A’ DESIGN AWARDS and you further agree and acknowledge and claim that you will be liable for any and all damages, including without limitation all costs, fees, penalties, claims, demands, actions, proceedings, costs, expenses, direct or indirect, consequential or non-consequential, incidental or non-incidental, actual, legal, special, punitive, extraordinary, exemplary or any other damages, to yourself, A’ DESIGN AWARDS, A’ DESIGN AWARDS Members, A’ DESIGN AWARDS Staff or to third-parties regarding your capacity to fulfill preconditions and have the required software, devices, tools, access privileges, computing system requirements or capacities to access, view, use, interact with and utilize A’ DESIGN AWARDS.
30. You are responsible for keeping your credentials including but not limited to your account information, password, recovery address or phrases safe. A’ DESIGN AWARDS will not be liable for any loss and damage for your failure to maintain the security of your credentials. In case A’ DESIGN AWARDS database is hacked or breached, including but not limited to hacks by governments, competitors, professional hackers or simply talented young people, you agree not to take any legal action and measures against us. You will be happy to know that we would most likely, but not obliged to, use dynamically salted secure hash algorithms to save a silhouette of your passwords and we would most likely not, but not obliged to not to, store your password as is, but with enough computing power or with social hacks, it is still possible that hackers could guess or decrypt your passwords; you understand and agree that there is a risk of hacking and you are aware of such risks. You agree and understand that there is always a cybercrime risk that we cannot foresee, control or avoid, and you agree to withhold us from any harm or damages that you or your agents or the entities you represent would incur due to your interaction with A’ DESIGN AWARDS. You will use commercially reasonable efforts to keep your account from unauthorized access or use and will promptly report to your clients and employees any unauthorized access or use of such information to the extent required by applicable law. It is not permitted to share your A’ DESIGN AWARDS credentials and access information with others except with entities that you represent or entities who work with you, and in the case of any criminal, unethical or illegal activities, or if any activities that brake this terms, than you agree that all the activities made from your account, including those realized by the people whom you explicitly gave access to as well as hackers or third parties that have accessed your account, were done under your authorization and that you are solely and fully responsible for all activities that occur under your account, your access or your internet address.
31. You agree that you will not hack, or try to hack, or scan for vulnerabilities of A’ DESIGN AWARDS. You agree that you will not try to access Content or sections of A’ DESIGN AWARDS that is not open to you, that is not intended for you and you agree that you will not try to edit or modify of Content of other members and you also agree that you will not attempt to engage in cybercrime when you use A’ DESIGN AWARDS.
32. Our services are not just online, we also provide offline services, and this agreement also extends and governs your use of our offline services and products.
33. A’ DESIGN AWARDS has no liability or responsibility for any matter arising out of the transaction between its Members, its Users, its Designers, Sellers or Buyers.
34. If you provide us any feedback or suggestions about A’ DESIGN AWARDS, then we may use, but not obliged to use, such information without any obligation to you; we can for example use your suggestions to develop a new service or product without making you a payment or without compensating you at all. Once you make a feedback or suggestion or contact us to explain how to do things better or for any other reason, you agree and acknowledge that you disclaim and release any intellectual properties you might have about your idea to A’ DESIGN AWARDS, and without any restrictions or limitations, you would be granting us an irrevocable, perpetual, unlimited, non-exclusive, royalty-free, transferable, sub-licensable (as many levels as required; such as sub-sub licensable, sub-sub-sub licensable etc.), worldwide license to use your idea, and if your idea was not patented, we might even patent it ourselves, without even crediting you as the inventor. When we use your idea we might but not obliged to use your name in connection with your idea or Content, and you grant us and our sublicensees the right to use the name that you submit the idea. We remind you that you explicitly and irrevocably waive any and all claims relating to any past, present or future intellectual and industrial property rights, copyrights, moral rights, artists’ rights, or any other similar rights worldwide in or to such Feedback or Suggestions. A’ DESIGN AWARDS is also permitted to make modifications to your idea, design or Content, including but not limited to creating derivative works based on your work, enhancing it, changing colors, reducing, enlarging, cropping, and/or mixing it or displaying it with other Content.
35. We reserve the right to not to remove your Content or intellectual property even if you remove your account. We might block you from deleting your Content; we could stop you from deleting your data, images, text, intellectual properties and other Content you had uploaded earlier. We also reserve right to remove your Content or intellectual property whenever we wish without any reasons, and without any obligations or liability towards you. If we remove your Content, we are not obliged to provide you backups, we would not have any obligations towards you and we would not be required to compensate you and we are not obliged to let you know in any condition that we removed your data or Content; indeed we might as well fine you for removing your Content; especially if we would be required to manually review your Content to check if it might infringe intellectual properties, trademarks and/or to see if the Content you provided violates copyright laws or if your Content does not comply with our Content guidelines. Even after manual review, we do not guarantee that we could correctly evaluate or decide whether your Content is legal, original or illegal; you are fully responsible for ensuring that your Content is legal and original and compliant with the laws and regulations. We can decide to remove your Content at our sole discretion. You agree to pay any fines that might be related to your Content. You assume all responsibility and risk regarding the legality of your Content; you must have any and all required licenses and legal right to upload and make your Content publicly available at A’ DESIGN AWARDS and you agree that You are liable and assume all responsibility for any and all violations of law including but not limited to trademark, copyright and intellectual property violations caused by your Content; and you further agree to protect and withhold A’ DESIGN AWARDS from any and all harm, costs, fees, fines, damages and legal cases that might arise due to your Content by assuming all liability, all risk, accepting to cover for all costs, agreeing to and acknowledging to be solely hold responsible for your Content, and you further agree to pay for any and all damages, including without limitation all costs, fees, penalties, claims, demands, actions, proceedings, costs, expenses, direct or indirect, consequential or non-consequential, incidental or non-incidental, actual, legal, special, punitive, extraordinary, exemplary or any other damages, that effect A’ DESIGN AWARDS, You or third-parties that arise due to your Content. In case of a legal or civil case against your Content, you also promise to assume all responsibility and cover any and all fees, including but not limited to investigation fees, advocacy and consultancy fees, legal fees for any and all civil or legal actions, investigations and procedures.
36. Users cannot remove or alter any copyright notices, watermarks, trademarks, registered marks, restrictions and signs indicating proprietary rights of any of A’ DESIGN AWARDS licensors, including copyright marks, intellectual property indicators, or contained in or accompanying A’ DESIGN AWARDS and A’ DESIGN AWARDS services. Users cannot also remove such material from Content they provide or upload to A’ DESIGN AWARDS. Only the original Content creator or owner or licensor is allowed to provide Content that does not contain copyright notices, watermarks, trademarks, registered marks, restrictions and signs indicating proprietary rights. Furthermore, Users cannot remove or alter any copyright notices, watermarks, trademarks, registered marks, restrictions and signs indicating proprietary rights of any of other A’ DESIGN AWARDS Members, Users or Designers.
37. When you browse our Content or use A’ DESIGN AWARDS, no right, title or interest in any Content is transferred to You. You cannot take Content from A’ DESIGN AWARDS and use it anywhere else under any condition. You should not even download, print, backup, use, change, alter, copy, keep cached copies longer than permitted by the cache headers, modify, convey, distribute, transmit, translate, modify, create a derivative work of, sell, lease, lend, publicly display or sublicense to third parties A’ DESIGN AWARDS Content. Sure we will provide some data that we could allow you to print such as Invoices, Terms and Agreements or Shipment or Inventory Labels, but the fact you could print them does not give you any right to use them outside their intended scope or purposes; for example just because you can print our invoice does not give you the right to put our invoice on a T-shirt; you could for example download our logo or 3D data for press purposes, but that does not mean you could use them in any other way except for inclusion in press articles, we suggest you to be very smart about these because we absolutely reserve the right to take legal action if you misuse our Content, or Content that are licensed to A’ DESIGN AWARDS. Likewise, we might explicitly permit you to use some Content in external sources, including but not limited to widgets, but in this case, we shall explicitly note at A’ DESIGN AWARDS that you could use such Content in respect to the desired usage; and again, such Content shall not be used outside the scope of its intended use. You cannot obscure, or alter any copyright, trademark, or other proprietary rights notices; or falsify or delete any author attributions, delete or remove copyright or registered mark information, legal notices, or other labels of the origin of the A’ DESIGN AWARDS Content. Surely, A’ DESIGN AWARDS at its sole discretion, could potentially allow, but not obliged to allow, press members, journalists, influencers, editors or media agencies and companies to feature designs, products and services listed in A’ DESIGN AWARDS, using A’ DESIGN AWARDS Content; in such cases, press members, journalists, influencers or editors must explicitly ask permission to use such Content, and should provide A’ DESIGN AWARDS with a copy of the output; publications, features, drafts, journals, articles, magazines, books or any other literature, video, interaction, experience or derivative Content created incorporating A’ DESIGN AWARDS Content for approval; and A’ DESIGN AWARDS at its sole discretion, can ask and require the journalists, press members, influencers, editors or media agencies and companies to take down, conceal, remove, retract or collect any derivative Content that incorporate A’ DESIGN AWARDS Content including but not limited to articles, features, publications, videos, broadcasts and media compilations.
38. We reserve the right to use your Content and intellectual property to advertise ourselves, our products, you, yourself and your products, your services and your designs, but we are not obliged to do so. If we use your Content, we will not be paying you any money, any compensation or provide you any benefits or be in any obligations towards you.
39. We reserve the right to report you to the police, to law force, to law enforcement agencies, to legal authorities or international organizations if you engage in unlawful or unethical behavior. We reserve the right to provide your contact information, your engagements and data, such as traceable IP addresses to the authorities without notifying you in advance. We reserve the right to not to inform you if we report you to the police, to law force, to law enforcement agencies, to legal authorities or international organizations.
40. Our terms are non-exclusive, we might develop products or services that compete with you, your products, your services, or others’ services.
41. You agree to our “Privacy Rules” (“Privacy Terms”, “Privacy Terms and Conditions”, “Privacy Stement”) which shall be considered as an addendum to this agreement and you agree that you read, understand and accept it fully as is. You are bound by our Privacy Rules which is a binding extension to this agreement; By agreeing these terms and conditions you also agree to our “Privacy Rules” which shall be considered as an addendum to this agreement.
42. You agree to our “Returns, Refunds and Chargeback Policy” which shall be considered as an addendum to this agreement and you agree that you read, understand and accept it fully as is. You are bound by our Returns, Refunds and Chargeback Policy which is a binding extension to this agreement. By agreeing to A’ DESIGN AWARDS Terms and Conditions you also agree to our “Returns, Refunds and Chargeback Policy” which shall be considered as an addendum to this agreement.
43. By agreeing to A’ DESIGN AWARDS Terms and Conditions you also agree to our “Rules of Conduct” (“A’ DESIGN AWARDS Etiquette”, “Community Guidelines”) which shall be considered as an addendum to this agreement; You agree to our “Rules of Conduct” which shall be considered as an addendum to this agreement and you agree that you read, understand and accept it fully as is. You are bound by our Rules of Conduct which is a binding extension to this agreement.
44. By agreeing to A’ DESIGN AWARDS Terms and Conditions you also agree to our “Rules of Content” which shall be considered as an addendum to this agreement; You agree to our “Rules of Content” which shall be considered as an addendum to this agreement and you agree that you read, understand and accept it fully as is. You are bound by our Rules of Content which is a binding extension to this agreement.
45. By agreeing to A’ DESIGN AWARDS Terms and Conditions you also agree to our “Intellectual Property Policy” which shall be considered as an addendum to this agreement; You agree to our “Intellectual Property Policy” which shall be considered as an addendum to this agreement and you agree that you read, understand and accept it fully as is. You are bound by our Intellectual Property Policy which is a binding extension to this agreement.
46. By agreeing to A’ DESIGN AWARDS Terms and Conditions you also agree to our “Presentation Guidelines” which shall be considered as an addendum to this agreement; You agree to our “Presentation Guidelines” which shall be considered as an addendum to this agreement and you agree that you read, understand and accept it fully as is. You are bound by our Presentation Guidelines which is a binding extension to this agreement.
47. By agreeing to A’ DESIGN AWARDS Terms and Conditions you also agree to our “Trademark Policy” which shall be considered as an addendum to this agreement; You agree to our “Trademark Policy” which shall be considered as an addendum to this agreement and you agree that you read, understand and accept it fully as is. You are bound by our Trademark Policy which is a binding extension to this agreement;
48. By agreeing to A’ DESIGN AWARDS Terms and Conditions you also agree to our “Due Fees, Fees, Pricing, Costs and Debt Collection Policy” which shall be considered as an addendum to this agreement; You agree to our “Due Fees, Fees, Pricing, Costs and Debt Collection Policy” which shall be considered as an addendum to this agreement and you agree that you read, understand and accept it fully as is. You are bound by our Due Fees, Fees, Pricing, Costs and Debt Collection Policy which is a binding extension to this agreement.
49. By agreeing to A’ DESIGN AWARDS Terms and Conditions you also agree to our “Fulfilment Policy” which shall be considered as an addendum to this agreement; You agree to our “Fulfilment Policy” which shall be considered as an addendum to this agreement and you agree that you read, understand and accept it fully as is. You are bound by our Fulfilment which is a binding extension to this agreement.
50. You also agree to any future policies we would have, you agree to any other rules or policies we could publish time to time. If you are no longer be able to agree on a new policy or rule you agree to cease and desist using A’ DESIGN AWARDS.
51. You agree that A’ DESIGN AWARDS can but not obliged to monitor, store and log your activity and your interaction with A’ DESIGN AWARDS. You agree that you will not interfere with us monitoring, storing or logging your A’ DESIGN AWARDS activity. You agree and permit A’ DESIGN AWARDS can use any means to overcome any means you might use to stop us from monitoring, storing or logging your activity.
52. If you use express checkout, newsletter subscription, document download or other methods or functionalities that involves a heightened level interaction with A’ DESIGN AWARDS, even though you would not have an A’ DESIGN AWARDS Account, we would but not obliged to, create an A’ DESIGN AWARDS account for you automatically, then you are responsible for activating, maintaining, deactivating, or removing or updating such accounts yourself. Furthermore, we could provide you with an Express Login Link (“Quick Login”, “Express Login”, “Login Key”) that allows you to login and sign-in to A’ DESIGN AWARDS without providing your password or username; we might email your Express Login Link to your email; it is important that you keep your Express Login Link safe since it could be used to access your account; you understand and acknowledge this risk and understand and assume responsibility for keeping your Express Login Link safe. If you do not wish to use your Express Login Link, or if you believe your Express Login Link could create a security vulnerability, you should immediately delete it as you receive it as email. A’ DESIGN AWARDS cannot be hold responsible if your email account is compromised and if hackers had access to your Express Login Link. You understand and assume all risk regarding your Express Login Link.
53. We can but not obliged to take or withdraw money from, including but not limited to; your or from that of the entity you represent’s, credit card, electronic payment accounts, online payment systems, digital currency accounts, bank accounts, especially when you or the entity you represent, purchase services or buy products from A’ DESIGN AWARDS or A’ DESIGN AWARDS Members, plus we could also take money for commission payments, for the usage of our own services, as well as to cover fees and fines that relate to your interaction with A’ DESIGN AWARDS. You give us permission to take money from you or the entity you represent. A’ DESIGN AWARDS is not required to inform you about our commission amounts or the fact that we might take commissions from some transactions, likewise A’ DESIGN AWARDS also reserves the right to keep accounting and profitability information secret.
54. A’ DESIGN AWARDS services, features as well as pricing might be different based on your country of residence or access. We do not guarantee or give warranty that all Users would have the same service, pricing or functions, on the contrary, we state that Users might have different pricing, service or functions, and this also applies to Users from the same country. A’ DESIGN AWARDS is permitted to engage in price discrimination and differentiation as well as dynamic pricing depending on current demand and supply for a product or service.
55. You are legally prohibited to sublicense your account to a third party. You cannot create accounts on behalf of your clients. You are not permitted to create and sell A’ DESIGN AWARDS accounts.
56. You are legally prohibited to introduce or upload to, or use against A’ DESIGN AWARDS any undesired software or malware including but not limited to viruses, worms, defects, bugs, spiders, trojan horses, scrapers, robots, artificial intelligence, probes, hacking tools, security control software, spam software, data collecting software, malicious code, poorly written software that would cause damages, exploit, evil programs, harvesting software, vulnerability testing software, extra heavy use or large data load (as deemed or determined by A’ DESIGN AWARDS), scanners, systematic or automated Content retrieval systems, mirroring or local backup software, reverse engineering methods, decryption or data capture algorithms, cyberwarfare, or any items or action of any nature, especially including but not limited to destructive or undesired nature. You are legally prohibited to take any action that could undermine the integrity of A’ DESIGN AWARDS platforms, digital and computer systems and its network as well as that of third-party services which A’ DESIGN AWARDS could depend on. You are prohibited to undertake any action that could result in A’ DESIGN AWARDS to lose profits or value. You cannot integrate, call, access or use A’ DESIGN AWARDS services and functionality from other domains, tools, software or applications, this also includes but not limited to framing techniques or enclosing methods. You are further prohibited creating synthetic internet traffic load against A’ DESIGN AWARDS servers.
57. You are legally prohibited to interfere, make excessive requests to, make a duplicate of, index, scrape, replicate, creates costs to or otherwise disrupt A’ DESIGN AWARDS services, including but not limited to vulnerability scans, denial of service attacks, mass or automated downloads, systematic and automated access, spiders, Content downloads, data scraping and any other behavior that deviates from basic usage of A’ DESIGN AWARDS by Members. If you find a loop hole, vulnerability or any other security issue, you are strictly forbidden to use such and are required to report them to A’ DESIGN AWARDS and you are further forbidden to publish or make such information public before A’ DESIGN AWARDS could patch and get rid of any such vulnerability, loop hole or other security issue.
58. If you are a competitor, or if you intend to compete with A’ DESIGN AWARDS, you cannot open an account at A’ DESIGN AWARDS. You are prohibited to use A’ DESIGN AWARDS and its functions or services to engage in activities which are identical or similar to that of A’ DESIGN AWARDS. This provision persists even after you close your account and terminate your legal relationship with us. If you work for a competitor or if you are employed by a competing company or entity, you are prohibited to use A’ DESIGN AWARDS.
59. If you purchase a domain name via A’ DESIGN AWARDS, domain registration will annually renew automatically as long as your A’ DESIGN AWARDS Account remains active, provided we could withdraw funds from you by taking or extracting your money. You acknowledge that it is your sole responsibility to deactivate the auto-renewal function and also it is your responsibility to ensure that we could take your money if we would want to renew your domain, we will not be liable at all if we renew the domain without your permission or if the domain drops because we were unable to take your money to pay for its renewal. If you close your account at A’ DESIGN AWARDS then your domain is at risk of not renewal, following termination of your account you will handle all matters related to your domain with other domain providers. We are not liable if we do not renew your domain; we could forget to renew your domain or we might decide not to renew your domain at our sole discretion without any obligations to you. If we forgot to or not decide to renew your domain, you should renew your domain yourself or reregister the domain yourself if it has already dropped from the domain registry.
60. If you use a domain with A’ DESIGN AWARDS, not purchased from A’ DESIGN AWARDS, then we will also consider the WHOIS information as part of your identity; if the WHOIS information does not match your account credentials or information, in this case we reserve the right to transfer your account to the party noted in the WHOIS details. If there is an organization, listed as part of WHOIS in relation to your domain, this organization shall also be considered liable for fees, duties or fines in relation to your account. You understand and acknowledge this provision, and you declare that you have authorization to engage in this provision.
61. Some A’ DESIGN AWARDS services might be provided by A’ DESIGN AWARDS affiliates on behalf of A’ DESIGN AWARDS. We are not obliged to tell which services are provided by A’ DESIGN AWARDS affiliates. Furthermore, A’ DESIGN AWARDS can outsource or buy services from third-parties to provide some of our services, likewise A’ DESIGN AWARDS is not obliged to tell or inform you about the services provided inhouse or outsourced.
62. You agree not to plagiarize, copy, remix, mix, reverse engineer, reuse, reproduce, publish, sell, distribute, resell or any Content on A’ DESIGN AWARDS including but not limited to, designs, metadata, text, photographic works, pictorial representations, graphics, photographs, logos, buttons, icons, images, audio files, videos, directories, sounds, listings, digital downloads, code, processes, documents, data compilations, databases, software, 3D Data, interactions, experiences, illustrations, lyrics, and images.
63. A’ DESIGN AWARDS provides hyperlinks or links to external sites including but not limited to websites or domains of vendors, Sellers, merchants, Buyers, Designers, Manufacturers, information sources and many others. These external websites are not part of A’ DESIGN AWARDS and A’ DESIGN AWARDS denies any responsibility or damages that could arise to you from your visit or browsing of such external links. We also deny any damages that could arise to you from you visiting A’ DESIGN AWARDS or its affiliates’ websites either. We would like to remind you that external sites might have their own policies or rules for privacy, terms and agreements and interaction which might apply to you. A’ DESIGN AWARDS is not responsible for checking, controlling, examining or evaluating external links and their Content and A’ DESIGN AWARDS does not warrant the accuracy of information or compliance of these links with laws or the quality of their Content. You are solely responsible when you visit external links from A’ DESIGN AWARDS.
64. We can ban, close, deactivate, suspend, terminate, reject, limit, downgrade, restrict, remote logout or shutdown your account and we could let other people know that we had banned, closed, deactivated, suspended, terminated, rejected, downgraded, restricted, remotely logged-out or shutdown your account, including but not limited to other A’ DESIGN AWARDS Members or general public, at our sole discretion, without providing further information regarding any reason. If we take any of these actions including but not limited to banning, closing, deactivating, suspending, terminating, rejecting, limiting, downgrading, remotely logging-out, restricting or shutting down your account, we will not have any obligations towards you. We do not have to inform you in such cases, including but not limited to banning, closing, deactivating, suspending, terminating, rejecting, limiting, downgrading, remotely logging-out, restricting or shutting down your account. We do not need to reimburse, refund, compensate or pay you any fees when including but not limited to banning, closing, deactivating, suspending, terminating, rejecting, limiting, downgrading, restricting or shutting down your account. We do not have to provide a reason for including but not limited to banning, closing, deactivating, suspending, terminating, rejecting, limiting, downgrading, remotely logging-out, restricting or shutting down your account. If we had banned, closed, deactivated, suspended, terminated, rejected, downgraded, remotely logged-out, restricted or shutdown your account, you cannot use tools, vulnerabilities, exploits, code, backdoors, software or any ingenious method you could come up with, including but not limited to avatars, proxies, delegates or representative to interact with and or use A’ DESIGN AWARDS. You agree to not to try to bypass, deactivate, disable, crack, reveal, disarm or circumvent our restrictive measurements we have created against you accessing an account that had banned, closed, deactivated, suspended, terminated, rejected, downgraded, restricted or shutdown, or to access a section that is not intended for you.
65. You can open only one account at A’ DESIGN AWARDS. You cannot open multiple accounts. You cannot open another account if we had banned, closed, deactivated, suspended, terminated, rejected, downgraded, restricted, remotely logged-out or shutdown your account. A’ DESIGN AWARDS, at its sole discretion, also reserves the right to disable certain functionality of Users, including but not limited to, disabling any Members’ ability to send direct messages using A’ DESIGN AWARDS system, stopping Members from using any A’ DESIGN AWARDS function or cutting access of any Member to access any specific A’ DESIGN AWARDS page or tool.
66. You will provide your identification, full postal address and any other required personal information to A’ DESIGN AWARDS. If you will not be able to provide your identification, full postal address and other information that we might ask, A’ DESIGN AWARDS reserves the right to not to provide any service to you, to withheld your funds, to contact with its Members and warn them against doing business with you, to contact members and ask them not to ship items or reply to your requests as well as to completely close your account without any obligations, compensation or explanation. If you change your personal and identifiable information, you are required to inform us by maintaining an up to date and updated profile information. A’ DESIGN AWARDS can also request you to provide references and endorsements for you by third parties, including your bank. By agreeing these terms and conditions You grant us a right to contact your bank, your friends, your family and any of your references to learn more about you. You give us a right to make background checks, to check your social media accounts, online presence and past activity; we are entitled to but not obliged to even hire a detective or private inspectors to check you, the entities you represent or your business, to collect information or evidence against you, your business or the entities you represent, and you fully know, understand and agree that we could do so. Furthermore, we are entitled to post and make public some of such information about you, including but not limited to your contact details, reports from the detectives or investigators, reference letters, and comments about you. We are entitled to but not obliged to for example including but not limited to publish comments about you, the entity you represent and your business. We might also publish third party reports, warnings, legal or takedown requests, complaints or endorsements about you. You give us full permission to disclose everything we know about you to A’ DESIGN AWARDS members, Users, and prospective Users, as well as to media, government and law enforcement authorities. You warrant and legally state that all the information you provide to A’ DESIGN AWARDS is correct and full – without any omissions, true and accurate and not subject to change. We can share your identification and personal information as well as reports from our investigators, detectives and personnel with government bodies, agents of law, as well as with regular people and third parties that complain about you, including but not limited to injured people, intellectual property owners, and requests by press members or reporters, with or without a subpoena, a legal request, a written request, without reporting to you or informing you in advance or without you knowing at any point. A’ DESIGN AWARDS shall not be liable for damages or results arising from our disclosure of your information, your identification, your Content and your personal information, our reports or the information we have on you, and you agree not to bring any action or claim against A’ DESIGN AWARDS for any disclosure we make about you, the entity you represent or your business. If you commit a wrongdoing, misconduct, unethical behavior, broke the law, or broke our terms, we reserve the right to publish it, as well as to actively let other members know about your actions. We reserve the right to, but not obliged to, determine if your information is true and accurate; we reserve the right to but not obliged to, determine the ownership of your account. We might hire independent investigators or third parties to check you. It will be at our sole discretion to decide whether we think your account information is correct and true or not. We might ask you to send us your business license or business constitution document, passport, driving license, government ID with photos, credit card image or last 4 digits of credit card, residence or alien permits and similar information. A’ DESIGN AWARDS has the right to close, froze, suspend or terminate any User’s account if the User fails to provide the required information and materials.
67. You agree not to impersonate other people or entities or to provide false information to A’ DESIGN AWARDS, be it directly or indirectly. You agree not to manipulate or create the impression that you are someone else, such as for example including but not limited to creating the impression of being a very big brand, or representative of a brand, or an official Seller of a brand, in conditions when you are actually not. You agree to use your own and real name, and not use a persona or made-up personality for your A’ DESIGN AWARDS account. You also agree not to display any endorsements that cannot be proven; you can only list endorsements for which you have a piece of dully signed and stamped printed paper of; you cannot communicate any patronage or endorsements that were only confirmed verbally; if you illegally do so, we will consider it fake, and we reserve the right but not the obligation to take action against you. Likewise, unless you have a written, dully signed and stamped document, you cannot also say that you are affiliated with a brand, a third party, a person, entity etc. If you impersonate others, if you provide unprovable endorsements and affiliations, we reserve right to take legal action as well as to close your account as well as to report you to the law enforcement worldwide. Likewise, we want to remind you not to post any misleading Content or Content that heavily creates an impression of something that is not. A’ DESIGN AWARDS does not endorse any entity, product or service, including but not limited to any third parties, mentioned on or made available via A’ DESIGN AWARDS. A’ DESIGN AWARDS does not in any way endorse any User Content, and assumes no liability for any User Content, made available, uploaded, published, accessible, posted, shared by any User or any other party on and or through the A’ DESIGN AWARDS, for any use by any party, or for any loss, deletion or damage thereto or thereof or any loss, damage, cost or expense that you or others may suffer or incur as a result of or in connection with publishing, accessing and/or relying on any User Content.
68. You can only offer, sell and or buy products, services and designs that you are legally permitted to. If for example in your country or region, it is not legal for you to buy or sell some items, or provide some services, you should not buy or sell such items or services, otherwise you understand and accept that you will be a criminal or offender based on your national law or international law and you could face civil and criminal fees, legal fees or fines. It is fully your responsibility to ensure that you comply with laws when you interact with A’ DESIGN AWARDS when buying, selling or browsing; based on your local law, you might even not be legally permitted to check certain type of product images or read certain texts or descriptions, be careful and ensure you comply with your legal law and international laws. You may not offer, sell and or buy any products or services, or provide any information, Content or material regarding products and services, which may be illegal, unethical, deemed hazardous, counterfeit, stolen, fraudulent, obscure, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export.
69. It is especially not permitted to engage in fraudulent, unethical and illegal activities including but not limited to such as use of pseudo-accounts, misrepresenting the cost of shipping, knowingly selling stolen goods, giving a deliberately misleading description and/or photo, shipping items other than those described, receiving payment and not shipping merchandise, selling bootleg merchandise, shill bidding, forgeries, receiving merchandise and claiming otherwise, chargeback fraud, providing fake reviews or feedback. It is absolutely prohibited and it constitutes a criminal offense to ship different, but functionally equivalent products, and products which are not capable of safely providing the advertised functions.
70. If you are selling anything on, at, via or thanks to A’ DESIGN AWARDS, you must have the legal right and authority to sell, trade, import, distribute or export or offer to sell, offer to trade, offer to distribute or offer to export the products or services that you put to or made available through A’ DESIGN AWARDS.
71. We might ask and require you to provide additional information before we might provide some services, your inability to provide additional information, and eventual delay in services is in your responsibility; we will not extend or provide benefits to you due to your incompliance with the requirements. If you did not provide enough or correct information, and if we could not fulfil a service consequently due to this, we are not liable for any loss or damages due to delays, service interruptions, suspensions or termination.
72. We reserve the right to take disciplinary or legal action against you even if we had already banned, closed, deactivated, suspended, terminated, rejected, downgraded, restricted, remotely logged-out or shutdown your account. If you engaged in dishonest, unethical and fraudulent activities, A’ DESIGN AWARDS reserves the right to share and report you to other companies, reputation or rating systems, third parties or governments as well as our affiliates and partners, so that our A’ DESIGN AWARDS partners, third-parties who use A’ DESIGN AWARDS, our affiliates and governments as well as companies could impose restrictions and limitations on you, to investigate you and to take legal action against you, without having any obligations towards you.
73. Services we provide at A’ DESIGN AWARDS are provided as is. Functions, tools, features of A’ DESIGN AWARDS are provided “as is”, “as available”, “where is” and “with all faults” basis without any warranty. Services we provide at A’ DESIGN AWARDS are provided as is. Functions, tools, features of A’ DESIGN AWARDS are provided “as is”, “as available”, “where is” and “with all faults” basis without any warranty.
74. You are strictly prohibited to copy, duplicate, simulate, resell, emulate or otherwise exploit A’ DESIGN AWARDS services, features and tools.
75. You agree that you will receive promotional and advertising offers as well as other unsolicited information from A’ DESIGN AWARDS. In most cases, we will provide you a chance to opt-out from such promotional or advertising communication, however under certain conditions we might be sending you promotional or advertising communication even if you opted-out. Furthermore, it is not possible to opt-out from notifications, alerts and notices for fulfilments, reports or legal issues, fundamental service notifications; you cannot opt-out from such communication which might be required for A’ DESIGN AWARDS to provide its services and functionality.
76. You agree not to take any action that could bring harm to A’ DESIGN AWARDS, you agree not to take any action which could pull A’ DESIGN AWARDS into a dispute, problem or legal trouble. You agree to indemnify and take sole responsibility of such actions.
77. You agree not to purchase or use search engine keywords, publicity, advertising, sponsorships and other advertorial Content using the A’ DESIGN AWARDS name, A’ DESIGN AWARDS marks and variations or adaptations of A’ DESIGN AWARDS, including but not limited to misspellings of A’ DESIGN AWARDS.
78. A’ DESIGN AWARDS terms do not create any agency, joint venture, partnership, employment, affiliate, franchisee or consortium relationship between you and A’ DESIGN AWARDS.
79. You agree not to use A’ DESIGN AWARDS services to engage in criminal, unethical or illegal behavior, including but not limited to selling or sourcing all or parts of forbidden goods or substances, for ordering otherwise legal items when together could create an illegal substance or product, or in any other context where your use could be against the international laws, or domestic laws of your country, state, locality or city. In some cases, you might be required to have necessary licenses and permits to be able to sell or buy specific goods or services, you are responsible for ensuring you have such licenses and permits to procure, outsource, buy or sell these goods or services. You cannot upload any designs that are not legal.
80. A’ DESIGN AWARDS does not make or provide any representation or warranty of any kind concerning the truth or accuracy of any information accessed on A’ DESIGN AWARDS by a User or any other information appearing at external websites. A’ DESIGN AWARDS does not make or provide any representation or warranty of any kind concerning the truth or accuracy of any information provided on A’ DESIGN AWARDS by a Member, User or Designer.
81. It is absolutely prohibited to buy and sell counterfeit goods or services. You must report all designs, goods and services that looks or feels counterfeit, you must also use your reasoning to determine if a design, good or service is counterfeit or not; Do not buy or sell any good that you have a feeling that might be counterfeit; it is illegal to buy or sell counterfeit goods and you are solely responsible if you buy or sell them. Knockoffs are different than counterfeit goods, in this sense a "knockoff" is a colloquial term which describes products that copy or imitate the physical appearance of other products, but which do not copy the brand name or logo of a trademark. It is also prohibited to sell knockoff products at A’ DESIGN AWARDS, as you are legally obliged to, please report any knockoff good or service you might see at A’ DESIGN AWARDS. We also wish to remind that it is also forbidden to sell or buy pirated goods, which generally refers to copyrighted products that were used and copied without permission, such as music, movies and software; You are obliged to report any pirated goods as well, and you are prohibited to sell or buy them at A’ DESIGN AWARDS. It is absolutely prohibited to upload intellectual property-infringing, counterfeit, knockoff or pirated designs to A’ DESIGN AWARDS.
82. Our communications to you and our online platform, software and tools might contain proprietary or confidential A’ DESIGN AWARDS information as well as trade secrets. A’ DESIGN AWARDS confidential information could include but not limited to any materials, communications, text and information that are marked confidential or that would normally be considered confidential under circumstances, and it could also include aspects of the site that are original and unique to A’ DESIGN AWARDS at the moment of their creation. If you receive any information that you feel that is confidential or if you receive any information that is marked or noted as confidential, then you will not disclose it to any third party without A’ DESIGN AWARDS’s prior written consent. You may disclose A’ DESIGN AWARDS confidential information when you are obliged by law but in this case, you are obliged to provide us reasonable prior notice, unless a court orders that we shall not receive a notice explicitly. A’ DESIGN AWARDS confidential information also includes any support and marketing emails that are sent to you, including support responses and replies, as well as any other communication that relates to your membership and interaction with A’ DESIGN AWARDS.
83. All use by you of A’ DESIGN AWARDS Member Content and A’ DESIGN AWARDS designs, Content, trade names, trademarks, service marks, logos, domain names, and other distinctive brands (including any goodwill associated therewith) must inure to and ensure the benefit of A’ DESIGN AWARDS, and requires approval of A’ DESIGN AWARDS. You can state however, without permission, that you are joining to A’ DESIGN AWARDS, you are renting, leasing, trading, selling or buying at A’ DESIGN AWARDS, that you made a purchase or sold an item at A’ DESIGN AWARDS, and you are entitled to talk benefits and pros of A’ DESIGN AWARDS. A’ DESIGN AWARDS, upon written request, at its sole discretion may grant you a temporary, revocable, nontransferable, nonsublicenseable, nonexclusive license, that we could revoke or cancel any time, while the Terms are in effect to display A’ DESIGN AWARDS trade names, trademarks, service marks, logos, domain names, and other distinctive brands for the purpose of promoting or advertising your usage of A’ DESIGN AWARDS in a positive way. You may use A’ DESIGN AWARDS name only when used in a positive way or context. It is important to note that, A’ DESIGN AWARDS organizes events, competitions, contests, prizes and awards, and unless you have been given written permission, you are not permitted to use A’ DESIGN AWARDS designs, Content, trade names, trademarks, service marks, logos, domain names, and other distinctive brands (including any goodwill associated therewith) that relate to A’ DESIGN AWARDS awards, A’ DESIGN AWARDS competitions, A’ DESIGN AWARDS contests, A’ DESIGN AWARDS prize, A’ DESIGN AWARDS events, especially including but not limited to promoting or mentioning yourself as a winner, runner-up, entrant or participant of any and all A’ DESIGN AWARDS awards, competitions, prizes or contests
84. A’ DESIGN AWARDS does not warrant, provide a warranty for and or control the quality, safety, fitness, correctness, condition, lawfulness or availability of the designs, products or services promoted at, made available or offered for sale on A’ DESIGN AWARDS and A’ DESIGN AWARDS shall not be held responsible for any issues that relate to the quality, safety, fitness, correctness, condition, lawfulness or availability of the products or services that were listed for sale, made available or promoted at A’ DESIGN AWARDS.
85. A’ DESIGN AWARDS does not represent either the Sellers or the Buyers in a specific transaction between A’ DESIGN AWARDS Members. A’ DESIGN AWARDS is not affiliated or does not act as a partner of neither the Seller nor the Buyer. A’ DESIGN AWARDS however, is given right to act as an escrow service provider between the Sellers or the Buyers, and A’ DESIGN AWARDS could withhold funds from Sellers or withhold principle, products, services, designs or experiences from Buyers who fail to satisfy any escrow conditions required for completing transactions.
86. In the event that any User has a dispute with any party of a transaction, such User agrees to release and indemnify A’ DESIGN AWARDS, A’ DESIGN AWARDS owners, A’ DESIGN AWARDS stakeholders, A’ DESIGN AWARDS shareholders, A’ DESIGN AWARDS investors, A’ DESIGN AWARDS directors, A’ DESIGN AWARDS agents, A’ DESIGN AWARDS affiliates, A’ DESIGN AWARDS directors, A’ DESIGN AWARDS officers and A’ DESIGN AWARDS employees from any and all damages, including without limitation all costs, fees, penalties, claims, demands, actions, proceedings, costs, expenses, direct or indirect, consequential or non-consequential, incidental or non-incidental, actual, legal, special, punitive, extraordinary, exemplary or any other damages, arising out of or in connection with such transaction or dispute of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. Furthermore, in the event that any User has a dispute with any A’ DESIGN AWARDS Member, such User agrees to release and indemnify A’ DESIGN AWARDS, A’ DESIGN AWARDS owners, A’ DESIGN AWARDS stakeholders, A’ DESIGN AWARDS shareholders, A’ DESIGN AWARDS investors, A’ DESIGN AWARDS directors, A’ DESIGN AWARDS agents, A’ DESIGN AWARDS affiliates, A’ DESIGN AWARDS directors, A’ DESIGN AWARDS officers and A’ DESIGN AWARDS employees from any and all damages, including without limitation all costs, fees, penalties, claims, demands, actions, proceedings, costs, expenses, direct or indirect, consequential or non-consequential, incidental or non-incidental, actual, legal, special, punitive, extraordinary, exemplary or any other damages, arising out of or in connection with such transaction or dispute of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
87. A’ DESIGN AWARDS cannot protect you from fraud or from people acting in false pretenses. You are solely responsible to protect yourself. If an offer is too good to be true, it could potentially be a scam or fraud, you shall report any scams, fraud or counterfeit to A’ DESIGN AWARDS, always use your common sense and evaluate other A’ DESIGN AWARDS Members, designs, products and services before you engage in a transaction. A’ DESIGN AWARDS does not warrant that design, product or service descriptions or other Content displayed or accessed at A’ DESIGN AWARDS is correct, up to date, current, error-free, accurate, true, complete, reliable or absolute. If a product or service offered by A’ DESIGN AWARDS itself is not as described, your sole remedy is to return it in unused condition. If a product offered by A’ DESIGN AWARDS member itself is not as described you are expected to report it to A’ DESIGN AWARDS first.
88. A’ DESIGN AWARDS takes several fees from sales of designs, products and services sold at A’ DESIGN AWARDS, the fees might be taken from Buyers or Sellers, or both the Buyers and Sellers depending on the type of design, good, product or service. You are prohibited to contact or solicit direct contact with another A’ DESIGN AWARDS Member, that you had no prior knowledge of outside of A’ DESIGN AWARDS, yourself.
89. You may stop using A’ DESIGN AWARDS at any time without written notice to A’ DESIGN AWARDS if you do not have any orders to fulfil and if you do not owe A’ DESIGN AWARDS any fees or fines, or if you do not have any duties left towards A’ DESIGN AWARDS; however, if you have orders to fulfil or if you have due fees or fines to be paid, or if you have duties towards A’ DESIGN AWARDS, before you stop using A’ DESIGN AWARDS you must ensure the fulfilment and completion of orders and you must make payment to make sure you do not have a negative balance at A’ DESIGN AWARDS, and you should also complete any duties or tasks assigned to you. When you stop using A’ DESIGN AWARDS it does not mean your account is closed, it might be suspended or frozen, but it is not termination. If you want to terminate and cancel your account, then you use the control panel functionality to cancel your account, you will need to provide a reason for closing your account, and you also need to ensure that you do not owe A’ DESIGN AWARDS any fees, duties or you do not have any unfulfilled orders. Once an account is terminated or closed, you will not be entitled to any full or partial refunds for any fees, including pro rate or otherwise. You understand and agree that due to the caching mechanisms, your designs, products or services could still be displayed long after you closed your account; before closing your account, you should remember to deactivate all listings so that Users will not be able to order your products or services. Some items, designs, products or service listings may be cached indefinitely or cache expiry date might be set years in future, please contact us in case your cached Content is still on display after account termination; however before contacting us please remember that there are many data and Content that we will not remove even after account closure or termination, this Content or data could be, for example, including but not limited to your designs, your personal information, business details or any other details that we might be required to keep as required by law, or anything that we would prefer to keep to for proper functioning of A’ DESIGN AWARDS, or anything we wish to keep at our sole discretion. A’ DESIGN AWARDS will decide which Content and data to keep and which Content not to keep, when you close your account at its sole discretion. We repeat, rephrase and expand this point since it is important. Upon termination and your discontinued use of A’ DESIGN AWARDS, we remind you that we will keep your Content at A’ DESIGN AWARDS; even if you cancel your contract, the license you provided for Content will stay with us; the provisions that relate to usage of your Content survives the end of terms and expiration of the agreement and will continue indefinitely and likewise we will not be deleting any personal data or identification, and we will keep them as long as we desire. Indeed, in some legal cases, we might be obliged to keep them for certain periods of time, however even without legal requirements and in the lack of such legal cases, we will try to but not obliged to retain your Content as much as possible. Our right to keep your Content does not impose us an obligation to keep your Content, at our sole discretion, we may delete the Content that we had kept, as long as doing so would not be against the law.
90. If you do not comply with the Terms and Conditions, and if A’ DESIGN AWARDS does not take action right away, this does not mean that we are waiving or giving up any rights that we may have, including but not limited to taking action in the future. We reserve the right to, but not obliged to take action, in a delayed manner, the delay amount being at the sole discretion of A’ DESIGN AWARDS.
91. While A’ DESIGN AWARDS might have designs or products listed for sale to children or target to kids or toddlers, we remind you that Buyers must be of legal age, and kids, toddlers, children, babies are prohibited to make any purchases; if there is a baby, toddler, children or kid that might potentially access your account, make sure to log-out from A’ DESIGN AWARDS from any and all the devices that you have signed into A’ DESIGN AWARDS, every time you use or access A’ DESIGN AWARDS. A’ DESIGN AWARDS does not accept any liability from the misuse, any allegedly unauthorized actions and unauthorized orders coming from your account under any condition. A’ DESIGN AWARDS could potentially provide tools or functions designed to reduce such misuse or unauthorized orders, however if there are any tools or functions offered by A’ DESIGN AWARDS, such tools and functions are provided “as is”, “as available”, “where is” and “with all faults” basis without any warranty, and they are never guaranteed to work or fulfil a set level of security; you still acknowledge, understand and assume all risk and liability relating to your A’ DESIGN AWARDS account activity, purchases or any other actions; let such actions be unauthorized or not.
92. If shippable, the risk of loss and title for ordered designs, products, services and items pass to you as the Buyer, upon delivery to couriers by A’ DESIGN AWARDS, A’ DESIGN AWARDS Seller Members, A’ DESIGN AWARDS Designers or A’ DESIGN AWARDS staff who fulfil your orders. A’ DESIGN AWARDS also does not have the risk of loss or title, as the risk shall stay with you. Under certain conditions, A’ DESIGN AWARDS, at its sole discretion could decide whether the risk of loss and title should stay within the Seller or the Buyer; in general, and in most cases the Buyer is under the risk, but A’ DESIGN AWARDS could potentially also mitigate this risk to Seller. Risk of loss is never mitigated to A’ DESIGN AWARDS. It is preferable that the Seller use trackable shipment methods with insurance to reduce risk of loss and title of ordered products, when non trackable or non-signed shipment methods are used, it is more likely that we could use our discretion to mitigate and decide to move the risk of loss and title to Seller, however once again, we are not obliged to make such a decision, and we reserve the right to make the decision ourselves, and furthermore A’ DESIGN AWARDS shall not be forced to make such a decision by the Seller or the Buyer.
93. We can show automated discounted prices as well as previous prices or comparison to list prices or MSRP (Manufacturer Suggested Retail Pricing). If we show automated discount prices, it means for example, for the past time period, the price was that and later it became that and thus a discount is calculated automatically by the computer system. It is also possible that the vendors or A’ DESIGN AWARDS Members who sell designs, products or services at A’ DESIGN AWARDS enter these information themselves, which they shall be responsible themselves the accuracy of such information.
94. A’ DESIGN AWARDS does not guarantee that you would receive a design, product or service or a reimbursement for a design, product or service that you paid for under any condition. A’ DESIGN AWARDS especially does not provide a substitute design, product or service if the design, product or service is or could no longer provided by the A’ DESIGN AWARDS Member whom the initial order was sent to (including but not limited to the cases, where the Seller who sold you the item or service might say that they no longer have inventory or the Seller loses his natural or legal personality (the Seller could just simply disappear or die as happens naturally). However, we reserve the right to, but we are not obliged to, provide substitute designs, products and services from other A’ DESIGN AWARDS Members just in case if we could wish to do so, if we provide substitute designs, products or services then your account shall be credited as usual. A’ DESIGN AWARDS also does not guarantee that you would receive a design, product or service from any A’ DESIGN AWARDS User in any condition, however if such a case happens you are obliged to report such Sellers to A’ DESIGN AWARDS, and we reserve the right (but not obliged to) take action against such Sellers. Likewise, we also cannot guarantee that the items Users return to Sellers would reach the Sellers.
95. You are prohibited from using A’ DESIGN AWARDS for critical applications. You are not entitled to build software, products or services that is dependent on A’ DESIGN AWARDS. By agreeing to these Terms and Agreements, you also waive your rights to take legal action against A’ DESIGN AWARDS for any copyright, trademark infringement, patent or intellectual property disputes or issues. By agreeing to these Terms and Agreements, you also grant A’ DESIGN AWARDS a non-transferable, royalty-free, worldwide, perpetual license to use any of your copyrights, designs, patents, trademarks or intellectual properties that you had earlier provided or uploaded to A’ DESIGN AWARDS without any obligations towards you.
96. A’ DESIGN AWARDS does not guarantee that you would receive the design, product or service at the initial fee you paid for it; it could be possible that there might be errors or omissions in the prices of designs, products or services; we cannot know if a design, product or service is mispriced or not by A’ DESIGN AWARDS Members or A’ DESIGN AWARDS itself; therefore the Seller or A’ DESIGN AWARDS can decide to cancel any order or ask for additional fees for mispriced products or services.
97. A’ DESIGN AWARDS can cancel any order at any point under any condition. When an order is cancelled, A’ DESIGN AWARDS can choose to refund the fees to the initial payment source or method used, one of the available payment methods of the User or to add the refund amount to Users’ account at A’ DESIGN AWARDS as A’ DESIGN AWARDS Credits at the sole discretion of A’ DESIGN AWARDS.
98. A’ DESIGN AWARDS Credits shall be used within 2 years, unused credits after 2 years shall be considered forfeit.
99. RULES OF CONDUCT: A' Design Award and Competition holds high regard for proper conduct, decorum, communication, and engagement etiquette throughout its events and its platform. These "Rules of Conduct" extends to every facet of our event including, but not limited to, our gala nights, award ceremonies, and exhibitions both in Italy and abroad, as well as our online platforms, website and any other platforms, mediums or events organized or run by the A’ Design Awards. Our primary goal is to foster an environment of respect, professionalism, and courtesy. By participating in the A’ Design Awards, by posting and/or engaging with the A' Design Awards websites and platforms, and/or by attending any events organized by the A’ Design Awards including but not limited to the La Notte Premio A' The A' Design Awards Gala Night and Awards Ceremony, 40 x 40 Design Exhibitions, Ars Futura Cultura Meetings, Symposiums, Conferences, Ceremonies and any other events, you agree to engage in respectful, polite behavior that upholds the dignity and integrity of all participants. This includes refraining from any form of disruptive, deviant or offensive conduct that may infrally upon the rights and dignity of others, and/or result in a negative experience for one or more participants as well as organizers and team members. Violation of these behavior guidelines will not be tolerated and may result in fees and fines. These penalties scale with the seriousness and negative impact of the actions in violation of our standards of conduct. Here we describe the various categories of behavior ("celebration breaking behaviour") deemed unacceptable at our events, along with the associated penalties: (99.1) Impolite behavior: Any participant found to be engaging in discourteous or impolite behavior during the event will be subject to a fine of €50,000, payable within 15 days of the incident. The amount may increase to €100,000 if the event is live-streamed or recorded and made available online by any party. (99.2) Rudeness: Participants found to be acting in a rude manner, including disrespectful remarks or consistent interruption of others, will face a fine of €75,000, payable within 15 days. The amount may increase to €150,000 if the incident is live-streamed, recorded, or made available online by any party. (99.3) Disrespectful speech: Disrespectful remarks or personal attacks made during the event will result in a fine of €100,000, payable within 15 days. The fine may increase to €200,000 if the incident is live-streamed or otherwise made available online. (99.4) Public complaint or criticism: Public criticism of the event's organization or other participants in an inappropriate or disrespectful manner will result in a fine of €150,000, payable within 15 days. The fine may increase to €300,000 if the incident is live-streamed or otherwise made available online. (99.5) Cultural insensitivity and Negative Stereotyping: Demonstrating disregard or disrespect for different cultures or indulging in negative stereotyping will result in a fine of €200,000, payable within 15 days. The fine may increase to €400,000 if the incident is live-streamed or otherwise made available online. (99.6) Breaking the Mood: Any participant who detracts from the positive, celebratory atmosphere of the event, especially during on-stage moments, will be subject to a fine of €250,000, payable within 15 days. This includes, but is not limited to, expressions of excessive negativity, unwarranted criticism, or other disruptive behavior that may adversely affect the experience of other participants. The fine may increase to €500,000 if the incident occurs on stage, is recorded, made available online, or if it prompts complaints from other participants. (99.7) Discriminatory Speech or Actions (Sexism, Racism, Ageism, Homophobia, Transphobia, Ableism, Religious Discrimination): Any form of discriminatory speech or actions will result in a fine of €500,000, payable within 15 days, along with a five-year ban from the A' Design Awards. The fine may increase to €1,000,000 if the incident is live-streamed or otherwise made available online. (99.8) Xenophobic remarks or behaviors: Engaging in xenophobic remarks or behaviors will result in a fine of €750,000, payable within 15 days, along with a ten-year ban from the A' Design Awards. The fine may increase to €1,500,000 if the incident is live-streamed or otherwise made available online. (99.9) Offensive speech and Harassment: Offensive speech or harassment of any kind will result in a fine of €1,000,000, payable within 15 days, along with a permanent ban from the A' Design Awards. The fine may increase to €2,000,000 if the incident is live-streamed or otherwise made available online. (99.10) Threats or intimidation, Incitement to violence, Hate speech, Advocacy of genocide: Any participant engaging in threats or intimidation, incitement to violence, hate speech, or advocating genocide will be subject to a fine of €2,500,000, payable within 15 days, and will receive a lifetime ban from the A’ Design Awards. The fine may increase to €5,000,000 if the incident is live-streamed or otherwise made available online. (99.11) These standards are in place to ensure that the A' Design Awards and all associated events maintain an atmosphere of respect and positivity. (99.12) In addition to the fines detailed above, the A' Design Award and Competition reserves the right to seek further compensation for any reputational harm or loss of prestige caused by a participant's violation of these standards of conduct. This may include, but is not limited to, legal damages, public relations and remediation costs, and any other fees or costs incurred as a direct result of the participant's misconduct. The determination of these additional fees will be at the sole discretion of the A' Design Award and Competition. (99.13) We have right to but not the obligation to immediate Account termination of Verbal or written abuse and rudeness of any kind including but not limited to blackmailing, threats of abuse or retribution of and to A’ DESIGN AWARDS, any A’ DESIGN AWARDS Member or A’ DESIGN AWARDS employee. (99.14) Each violation will warrant an official warning, and the opportunity to appeal against the warning will be provided. We have a clear and detailed process for dispute resolution, and the penalties may be adjusted based on economic conditions, with higher fines for affluent large enterprises and smaller fines for less affluent individuals. However, if the terms are found to be unenforceable due to their punitive nature, a mediator may decide a more applicable fine to provide a future deterrent. (99.15) A' Design Awards, in addition to or instead of imposing fines, may also request the violating party to issue a public apology to the A' Design Awards and its participants. In such cases, a public disclosure and apology must be made in a prominent medium such as a newspaper, television, press release, as well as any websites and social media profiles of the violating party. If a public apology is issued, the fees or fines may be reduced up to a factor of 10, depending on the prominence of the apology. (99.16) Another alternative may involve the two parties coming together for an amicable discussion, with the ultimate decision being left to the A' Design Awards. If a resolution is not reached, the involvement of a mediator may be considered. If parties are to come together, the violating party must travel to A' Design Awards to provide their apology in person. (99.17) In addition, A' Design Awards may also require the violating party to issue a cease and desist letter to refrain from making future remarks or committing further violations of these terms. (99.18) We provide a comprehensive reporting mechanism. Participants can report violations either in person to any event staff member or through an email to our reporting line. We reserve the right to start the procedure in case we also experience the reporting in person; for example cases where the violating party is directly being accused of engaging in negative behavior in front of our eyes, near our ears; A' Design Awards has right to autostart the procedure against you, upon detecting the behaviors ourselves. (99.19) In case of violations, A' Design Awards reserves the right to expel, ban, publicly condemn any inappropriate behavior, and communicate this to other participants, without the need for a legal resolution or prior permission from the infringing party. (99.20) This may also involve the release of a public statement addressing the incident. (99.21) The A' Design Award and Competition reserves the right to seek further compensation for any reputational harm or loss of prestige caused by a participant's violation of these standards of conduct. (99.22) This may include, but is not limited to, legal damages, public relations and remediation costs, and any other fees or costs incurred as a result of the participant's misconduct. (99.23) In light of our commitment to providing a memorable and enjoyable event, we hold each participant responsible for upholding the festive atmosphere of the A' Design Awards. In adherence to the spirit of our event, we strongly discourage behavior that interrupts the festive atmosphere or exhibits complaints or grievances in a public manner, particularly during an on-stage event. Noncompliance with our guidelines will prompt enforcement of penalties or fees. Especially any party found disrupting the celebratory ambiance and/or engaging in impolite behaviour, rudeness, disrespectful speech, public complaint, public criticism, culturally insensitive, negative stereotyping, mood breaking, discriminatory speech or actions (including but not limited to sexism, racism, ageism, homophobia, transphobia, ableism, religious discrimination), xenophobic remarks, racist behaviours, offensive speech, hate speech, advocacy of genocide, threats or intimidation, or any other offensive conduct will be held accountable. (99.24) Commencing at a base fee of €250,000, penalties will be imposed upon the detection of any disruptions. If the event is in the midst of a livestream or if any attendee possesses documentable evidence of the disturbance, the penalty shall be escalated to €500,000. Within this context, please note that sanctions may be adapted in accordance with the financial standing of the violating participant(s). (99.25) We reserve the right to, but not legally obliged to, request restitution from the offending party, at our sole discretion, for any and all expenditures incurred during the orchestration of the Gala Night. This encompasses, but is not limited to, expenses associated with the venue, remuneration for the hosting team, design, architecture, and visual communication costs, as well as compensation for musicians and travel expenses for invited guests. The party in violation may also be responsible for bearing the cost of media placements and marketing initiatives associated with the event. (99.26) Furthermore, we reserve the right to, but not legally obliged to demand from the offending party, at our sole discretion, to compensate any guest for the discontent expressed by any guest due to the inappropriate remarks or mood breaking behaviour and conduct of the violating party. This applies particularly to comments that break the festive ambiance, that are deemed discourteous, or in any other way deviate from the standard of etiquette and cordiality expected from our esteemed participants. (99.27) Please note that these rules of conduct apply not only to you, the participant, but also to any guests, VIPs, media partners or otherwise invitees you may bring to our events. By participating in the A' Design Awards, you thereby agree to take full responsibility for and guarantee the appropriate conduct of your guests and invitees. Should your guests or invitees violate any of these rules, you, as the host participant, will be held accountable. This includes the obligation to pay for any resulting fees or fines within a 15-day period following the incident. (99.28) During our events, it is important to us to maintain a positive and respectful environment. In light of this, our team members are suggested to follow various deflection or redirecting strategies to tactfully handle any inappropriate remarks or behavior that could potentially disturb the celebratory mood. When you engage in celebration breaking behaviour, we reserve to follow, but not legally obliged to follow, one or more of our de-escalation tactics. These de-escalation tactics include downplaying the negative comments, ignoring them, using ambiguous language to avoid directly addressing them, deflecting any direct confrontation, changing the subject, or expressing gratitude to the individual while tactfully moving past the disruption. In detail, we may do, but not legally required to do, at our sole discretion; (a) Downplay: Minimizing the impact of the rude remarks or treating them as less significant than they might be. (b) Ignore: Pretending not to notice or be affected by the rude remarks, thereby not giving the disruptive behavior any acknowledgment. (c) Fudge: Using vague or ambiguous language to avoid directly addressing the rude remarks. (d) Parry: Responding to the remarks in a way that deflects or avoids engaging in a direct confrontation. (e) Change Subject: Shifting the conversation to a different topic altogether, steering away from the negative behavior. (f) Thank or Praise: Expressing gratitude or appreciation for the individual's participation while trying to move past the disruptive comments gracefully. (g) Humor: Lightening the mood with well-timed humor to diffuse tension and shift the focus away from the rude remarks. (h) Agree and Redirect: Acknowledging the comments briefly, without endorsing them, and swiftly transitioning to a different topic or activity. (i) Reframe and Empathize: Rephrasing the rude remarks in a more constructive manner or empathizing with the individual's perspective while moving towards a more positive direction. (j) Engage the Audience: Involving the audience in a participatory activity or interactive session to divert attention from the disruptive behavior. (k) Highlight Positive Aspects: Emphasizing the positive aspects of the event or the efforts of other participants to counterbalance the negative impact. (l) Show Gratitude: Expressing genuine gratitude for the engagement of all attendees, emphasizing a collective sense of appreciation and unity. (m) Utilize Visual Aids: Employing visual aids or props to capture the audience's attention and shift the focus away from the rude remarks. (n) Invoke Inspirational Messages: Sharing motivational quotes or stories that align with the event's theme to inspire the audience and refocus their attention. (o) Professional Demeanor: Maintaining a composed and professional demeanor, leading by example to encourage a respectful and positive environment. (p) Utilize Music or Performances: Incorporating music or engaging performances to uplift the mood and divert attention from the disruptive behavior. (q) Divide and Conquer: Segregating the individual responsible for the rude remarks from the main event and diverting their attention elsewhere. (r) Promote Inclusivity: Reiterating the importance of respect, diversity, and inclusion at the event, fostering a sense of belonging for all attendees. (s) Use Group Interaction: Encouraging group discussions or small breakout sessions to shift the focus away from the negative incident. (t) Redirect to Event Objectives: Revisiting the main goals and objectives of the event, emphasizing the bigger purpose, and encouraging attendees to refocus on them. (u) Emphasize the Positive Impact: Highlighting the positive impact of the event or the contributions of participants, reinforcing the significance of the celebration. While these de-escalation tactics are designed to minimize conflict and maintain the smooth flow of the event, it's crucial to note that our use of these de-escalation strategies does not signify that we condone or accept the offending parties' behavior or statements. (99.29) Please be aware that even if we do not immediately respond to a violation or celebration breaking behaviour during the event, this does not mean the behavior goes unnoticed or will be left unaddressed. We reserve the right to take appropriate actions post-event to address any violations of our rules of conduct. Your understanding and cooperation in this matter is greatly appreciated. (99.30) We would like to clarify our approach towards handling potential disruptions or violations during our events. Publicly, our team may exercise a polite and positive demeanor, employing deflection or redirection tactics to sustain the festive ambiance. This approach is meant to ensure the continued enjoyment of our events by all other guests and should not be misinterpreted. It is important to note that our public composure and the courtesy we extend should not be misconstrued as acceptance or condoning of any violations of our terms. Privately, we reserve the right to enforce our terms and conditions strictly. Our apparent cordiality during the events does not in any way diminish our commitment to upholding our rules and policies, nor does it imply any forgiveness or overlooking of the violations that occurred. (99.31) In addition to our aforementioned stipulations, we also wish to express our right to make any disruptive behavior during our events a matter of public knowledge. In maintaining transparency and ensuring the sanctity of our events, we reserve the right to publicly disclose any behavior that breaches our event decorum, without seeking prior permission from the party involved. This disclosure might involve reaching out to various members of the press and broadcasting the occurrence of any decorum-breaking behavior. In doing so, we seek neither permission nor any sort of compensation for potential defamation claims. Our objective is to safeguard our reputation and the atmosphere of our events. Moreover, we also retain the right to communicate any disciplinary measures or procedures we initiate against violating parties to our event participants. This includes, but is not limited to, informing our guests, journalists, and other attendees about any penalties incurred due to violations. We believe this transparency is key to maintaining a respectful and enjoyable environment during our events, while upholding our standards and expectations. (99.32) We appreciate your understanding and your commitment to maintaining a respectful and dignified atmosphere at our events and thank you for your cooperation in keeping the festive mood and for your commitment to making our events enjoyable and enriching for all attendees.
100. A’ DESIGN AWARDS can but not obliged to provide its services to your competitors or your nemesis, since services are not provided with exclusivity. A’ DESIGN AWARDS reserves the right to exclude anyone from using its services at the sole discretion of A’ DESIGN AWARDS. A’ DESIGN AWARDS employees, partners, officers, stakeholders, shareholders, directors, investors, affiliates, contractors, owners, and anyone connected to A’ DESIGN AWARDS can also be an A’ DESIGN AWARDS Member and directly compete with you, your entity or your business.
101. A’ DESIGN AWARDS will choose how to rank the designs, products and services listed at A’ DESIGN AWARDS at its sole discretion, we can change, update, modify, cancel or introduce new search or ranking algorithms at any time, without prior notice to Users. A’ DESIGN AWARDS may but not obliged to remove or conceal designs, products and services from search or rankings at its sole discretion. A’ DESIGN AWARDS can suppress or promote designs, products and services in search or rankings and at A’ DESIGN AWARDS in general as a whole, without prior notice, at its sole discretion.
102. A’ DESIGN AWARDS can update, reduce or increase its prices at any time at any point. In most cases, we will try to but not obliged to, provide you a notice for price changes, the notice could even happen the day or moment of change. A’ DESIGN AWARDS shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the A’ DESIGN AWARDS services, A’ DESIGN AWARDS products or A’ DESIGN AWARDS membership.
103. Under no circumstances shall A’ DESIGN AWARDS be liable for any and all damages, including without limitation all costs, fees, penalties, claims, demands, actions, proceedings, costs, expenses, direct or indirect, consequential or non-consequential, incidental or non-incidental, actual, legal, special, punitive, extraordinary, exemplary or any other damages, which result from any third-party tools, third party services or your contractual relationship with any third parties, including any so-called experts or consultants. These limitations shall apply even if A’ DESIGN AWARDS has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
104. Each User and A’ DESIGN AWARDS Member accepts, understands, acknowledges and assumes the risks, potential harms or damages that might arise due to their transaction, Content or interaction that involves or relates to transactions, Contents or interactions with A’ DESIGN AWARDS or third parties. Risks include but not limited to incorrect or misleading or misrepresentation of offerings, designs, products or services, fraudulent schemes and crime, unsatisfactory quality including but not limited to defective or dangerous designs, services or products or that designs, services or products that fail to meet specifications, illegal or unlawful designs, products or services, delay of transportation, delay of delivery, default of payments, non-delivery, non-performance, items being lost in delivery, unexpected custom duties, miscalculations, price omissions, breach of guarantee, breach of warranty, transportation accidents, broken items, damaged packaging, lack of communication, false pretenses and others.
105. Each User and A’ DESIGN AWARDS member accepts, understands, acknowledges and assumes the risks that relate to the third-party rights; including but not limited to, listing for sale, buying, distribution, manufacturing, importation, exportation, offering, purchasing, displaying, showcasing, discounting, using or modifying products or services offered by third-parties; and any risks the User and A’ DESIGN AWARDS Members might incur for legal defense or in other costs in connection with third parties’ assertion of their rights, or due to any third party being entitled to defense or indemnification in relation to assertion of rights, demands and claims. Each User and A’ DESIGN AWARDS Member accepts, understands, acknowledges and assumes the risks that relate to consumers, Buyers, purchasers, end-users of products or others claiming to have suffered injuries or harms relating to the purchasing, the usage of or possession of products originally obtained by Users of A’ DESIGN AWARDS as a result of purchase and or sale transactions in connection with using A’ DESIGN AWARDS may suffer harms and or assert claims arising from their use of, purchase of or possession of such products. Each User and A’ DESIGN AWARDS Member accepts, understands, acknowledges and assumes the risks of doing business at A’ DESIGN AWARDS. For all these risks combined, and for any other type of risk we did not mention here, all Users agrees that A’ DESIGN AWARDS shall not be liable or responsible for any damages, claims, liabilities, costs, harms, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with their interaction, sourcing from, involvement or knowledge of A’ DESIGN AWARDS.
106. A’ DESIGN AWARDS, at its sole discretion can promote, feature, highlight, hide or suppress A’ DESIGN AWARDS member designs, offerings, product or services, listings, member profiles and information, at any time as we see fit at our sole discretion.
107. These Term and Agreement overwrites and proceeds all previous terms you might have agreed with A’ DESIGN AWARDS.
108. NEITHER A’ DESIGN AWARDS NOR ITS SUPPLIERS AND/OR DISTRIBUTORS, NOR ITS OWNERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, MAKE ANY SPECIFIC PROMISES ABOUT THE A’ DESIGN AWARDS AND ITS SERVICES. FOR EXAMPLE, WE DON'T MAKE ANY COMMITMENTS ABOUT A’ DESIGN AWARDS, THE Content ACCESSED THROUGH A’ DESIGN AWARDS, THE SPECIFIC FUNCTIONS OF A’ DESIGN AWARDS, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE A’ DESIGN AWARDS “AS IS”, “AS AVAILABLE”, “WHERE IS” AND “WITH ALL FAULTS” BASIS. A’ DESIGN AWARDS MIGHT HAVE DEFECTS OR ERRORS AND THESE DEFECTS OR ERRORS MIGHT NOT BE CORRECTED. YOUR USE OF A’ DESIGN AWARDS AND A’ DESIGN AWARDS SERVICES IS SOLELY AT YOUR OWN RISK. YOU AGREE TO USE A’ DESIGN AWARDS AND A’ DESIGN AWARDS SERVICES SOLELY AT YOUR OWN RISK. WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE; A’ DESIGN AWARDS IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, “WHERE IS”, AND “WITH ALL FAULTS’ BASIS WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY AND WITHOUT ANY REPRESENTATION OR COVENANTS, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF CONDITION, QUALITY, DURABILITY, LEGALITY, PERFORMANCE, ACCURACY, RELIABILITY, SECURITY, SUITABILITY, COMPABILITY, CONDITIONS OF MERCHANTABILITY, WORKMANLIKE EFFORT, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE A’ DESIGN AWARDS AND A’ DESIGN AWARDS SERVICES IS AT YOUR SOLE RISK. A’ DESIGN AWARDS DOES NOT WARRANT THAT THE A’ DESIGN AWARDS OR A’ DESIGN AWARDS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, BE FREE OF ANY VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS OR PROGRAM LIMITATIONS OR COMPATIBLE WITH ANY OF YOUR ACTIVITIES, DEVICES, OPERATING SYSTEMS, BROWSERS, SOFTWARE OR TOOLS, OR COMPLY WITH ANY LAWS APPLICABLE TO YOU OR YOUR END USERS. WE DO NOT GUARANTEE OR WARRANT THAT A’ DESIGN AWARDS WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION. WE DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED WITH REGARD TO A’ DESIGN AWARDS, A’ DESIGN AWARDS SERVICES, A’ DESIGN AWARDS Content, A’ DESIGN AWARDS USER Content, THIRD PARTY Content AND ANY OTHER Content, AND ANY PRODUCT OR SERVICE SEENS, PROMOTED, SHOWN, VISIBLE OR ACCESSIBLE VIA A’ DESIGN AWARDS. WE DISCLAIM ALL WARRANTIES WITH REGARD TO INCLUDING BUT NOT LIMITED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION. IF YOU ARE DISSATISFIED WITH A’ DESIGN AWARDS, A’ DESIGN AWARDS SERVICES, A’ DESIGN AWARDS Content OR ANY OTHER Content, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE. TO THE EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF A’ DESIGN AWARDS, A’ DESIGN AWARDS OWNERS, A’ DESIGN AWARDS TEAM, A’ DESIGN AWARDS EMPLOYEES, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID AS COMMISSIONS TO A’ DESIGN AWARDS IN THE PAST 6 MONTHS; PLEASE KINDLY NOTE THAT USERS DO NOT PAY COMMISSIONS ONLY SELLERS PAY COMMISSIONS, AND IN NO EVENT SHALL A’ DESIGN AWARDS’S AGGREGATE LIABILITY FOR ANY DAMAGES SHALL EXCEED THE GREATER OF ONE HUNDRED EURO (100 EURO) OR THE AMOUNT YOU PAID TO A’ DESIGN AWARDS FOR A’ DESIGN AWARDS SERVICES ONLY (A’ DESIGN AWARDS SERVICES ARE SERVICES DIRECTLY PROVIDED BY A’ DESIGN AWARDS) IN THE PAST SIX MONTHS; PLEASE KINDLY NOTE THAT WHEN YOU BUY A PRODUCT, DESIGN OR PROCURE A SERVICE OR ENGAGE WITH A TRANSACTION WITH ANOTHER A’ DESIGN AWARDS USER OR MEMBER, YOU ARE NOT ACTUALLY PAYING THE AMOUNT TO A’ DESIGN AWARDS EVEN IF A’ DESIGN AWARDS MIGHT HELP YOU WITH THE TRANSACTION IN THIS CONTEXT YOU UNDERSTAND, ACKNOWLEDGE AND ASSUME THAT A’ DESIGN AWARDS MERELY ACTS AS A MEDIATOR FOR THE TRANSACTION OR TO MEDIATE THE TRANSACTION; TO HELP YOU PAY TO THE MERCHANT OR SELLER, SO YOU ARE PAYING TO THE SELLERS WHEN YOU PAY MONEY VIA A’ DESIGN AWARDS AND ANY SUCH AMOUNT PAID SHALL NOT COUNT TOWARDS THE CALCULATION OF OUR AGGREGATE LIABILITY; YOU AGREE THAT NOT A’ DESIGN AWARDS BUT THE SELLERS, DESIGNERS OR OTHER A’ DESIGN AWARDS MEMBERS SHALL BE LIABLE. IN ANY CASE, A’ DESIGN AWARDS, A’ DESIGN AWARDS OWNERS, A’ DESIGN AWARDS TEAM, A’ DESIGN AWARDS EMPLOYEES, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT AVOIDABLE OR AVOIDABLE. INCLUDINGIN ALL CASES, A’ DESIGN AWARDS, A’ DESIGN AWARDS OWNERS, A’ DESIGN AWARDS TEAM, A’ DESIGN AWARDS EMPLOYEES, AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY EXPENSE, LOSS, OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LEGAL OR SPECIAL DAMAGES, LOSS OF PROFITS, LOSS OF REVENUES, AND OTHERS A’ DESIGN AWARDS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF A’ DESIGN AWARDS, A’ DESIGN AWARDS PLATFORM, ANY A’ DESIGN AWARDS SERVICE, OR FROM ANY INFORMATION, Content, PRODUCTS, OFFERINGS, PROMOTIONS, MATERIALS, SOFTWARE OR OTHER SERVICES INCLUDED ON, ACCESSED VIA OR OTHERWISE MADE AVAILABLE TO YOU THROUGH A’ DESIGN AWARDS, ANY A’ DESIGN AWARDS SERVICE, INCLUDING, BUT NOT LIMITED TO INCIDENTAL, PUNITIVE, LEGAL, SPECIAL, DIRECT, INDIRECT, AND CONSEQUENTIAL DAMAGES.
109. No advice or information, whether oral or written, obtained by any User from A’ DESIGN AWARDS or through, from or via A’ DESIGN AWARDS shall create any warranty not expressly stated herein.
110. A’ DESIGN AWARDS could potentially contain software bugs, unpatched exploits, might suffer disruptions and not operate as intended or designated, you agree, acknowledge and assume all risks for your use of A’ DESIGN AWARDS, knowing of such risks.
111. A’ DESIGN AWARDS at its sole discretion may but not obliged to, screen, monitor and or edit any User Content, at any time and for any reason, with or without notice and you explicitly agree that A’ DESIGN AWARDS can make changes to your Content any time without any obligations.
112. A’ DESIGN AWARDS shall not be liable for any unlawful, infringing, mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement or User Content you or any other party may access, view, see or share. A’ DESIGN AWARDS shall not be liable for any unlawful and infringing conduct.
113. A’ DESIGN AWARDS shall not be liable for any events beyond the reasonable control of A’ DESIGN AWARDS; A’ DESIGN AWARDS shall not be liable for any failure to perform or delay in the performance of any of its obligations under this agreement due to any “Force Majeure”; including any force majeure, vis major, casus fortuitus, wars, acts of God, infrastructure problems, global or local disasters including but not limited to natural calamities, fires, floods, climate changes, storms, earthquakes, disease outbreaks, famine, drought, explosions, terrorism, despotism, anarchy, insurrections, civil disturbances, riots, labor disputes and strikes, infrastructure and internet problems or issues such as internet failures, equipment failures, telecommunications or computer issues, electrical power problems or shortages, supernatural forces, shortages or non-supply of materials, legal and governmental actions, orders of courts, agencies or tribunals or non-performance of third parties, and the mere fact that some of the Designers or Sellers could just die due to natural causes just before shipping your items or before delivering your designs, after receiving your payments.
114. A’ DESIGN AWARDS can but not obliged to withhold money until a transaction is complete or an order is fulfilled. For example, including but not limited to cases where you might sell a product at A’ DESIGN AWARDS, and A’ DESIGN AWARDS might collect money from the Buyer, but then very similar to an escrow or broker service, A’ DESIGN AWARDS might hold and regulate the money, until your Buyer states that the order was received and that the User who bought the item was satisfied, it is also important to note that this does not apply to all designs, products or services. A’ DESIGN AWARDS can but not obliged to contact payment processors to notify or request fund access restrictions in case of issues or disputes.
115. If you sell an undesired, deceptive, fraudulent, unethical or counterfeit design, product or service to a Buyer, which might result the Buyer to suffer damages in any form including but not limited to physical, financial or emotional damages; in this case, we reserve the right (but not obliged to unless required by law), to release your personal identification information, as well as contact information and address to the Buyer you allegedly harmed so that the Buyer could take legal action against you. Likewise, if you engaged in a fraud or commit fraudulent activity against a Seller, we then also reserve the right to provide your contact information as well as personally identifiable information to that Seller so that the Seller can take legal action against you as the Buyer. We remind you that we are not accountable for your actions you did at or via A’ DESIGN AWARDS. Both Buyers and Sellers agree that they will not take any legal measure against A’ DESIGN AWARDS for their interaction but they will sue each other instead if they have to take legal action. If you find yourself in a dispute with another User of A’ DESIGN AWARDS or A’ DESIGN AWARDS services or any third party, we encourage you to contact the other party and try to resolve the dispute amicably yourself. A’ DESIGN AWARDS could help but has no obligation to resolve any disputes, A’ DESIGN AWARDS might provide but not obliged to provide a dispute system that you might use.
116. If A’ DESIGN AWARDS provides you with information about another A’ DESIGN AWARDS User, you agree you will use the information only for the purposes that it is provided to you. You may not disclose, sell, rent, or distribute a User's information to a third party for any other purposes that were not intended for, especially not for marketing purposes; you cannot add Users or User information to your databases and you cannot archive or save any such information past its intended temporarily use lifetime.
117. YOU FURTHER HEREBY RELEASE A’ DESIGN AWARDS, A’ DESIGN AWARDS OWNERS, DIRECTORS, A’ DESIGN AWARDS OFFICERS, A’ DESIGN AWARDS EMPLOYEES AND A’ DESIGN AWARDS AGENTS FOR ALL ACTIONS OR INACTIONS OF OTHER A’ DESIGN AWARDS USERS, INCLUDING OFFERS, GOODS AND SERVICES ADVERTISED, SOLD OR ACCESSIBLE VIA A’ DESIGN AWARDS OR FROM YOUR BREACH OF ANY OF THE TERMS AND CONDITIONS OF THE TERMS. EACH USER HEREBY FURTHER AGREES TO INDEMNIFY AND SAVE A’ DESIGN AWARDS, A’ DESIGN AWARDS OWNERS, DIRECTORS, A’ DESIGN AWARDS OFFICERS, A’ DESIGN AWARDS EMPLOYEES AND A’ DESIGN AWARDS AGENTS HARMLESS, FROM ANY AND ALL LOSSES, DAMAGES, CLAIMS, LIABILITIES INCLUDING BUT NOT LIMITED TO LEGAL COSTS ON A FULL INDEMNITY BASIS WHICH MAY ARISE FROM USER'S BREACH OF ANY REPRESENTATIONS AND WARRANTIES MADE BY USER TO A’ DESIGN AWARDS, INCLUDING BUT NOT LIMITED TO THOSE SET FORTH IN RULES OF CONDUCT AND RULES OF Content. YOU EXPRESSLY WAIVE ANY PROTECTIONS WHETHER STATUTORY OR OTHERWISE THAT WOULD OTHERWISE LIMIT THE COVERAGE OF YOUR RELEASE TO INCLUDE ONLY THE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOUR AT THE TIME OF AGREEING TO THIS RELEASE.
118. All claims and disputes arising from your access or use of A’ DESIGN AWARDS shall be filed within ninety (90) days of cause of action or a longer period if as prescribed under any applicable law governing our Terms and Conditions.
119. A’ DESIGN AWARDS can but not obliged to ask third-parties to fulfil certain obligations or parts of service or provide specific or added functionality, you permit us to provide and share your information, address or identification or any other necessary Content with third-parties so that the third-parties could fulfil such needs and A’ DESIGN AWARDS, can but not obliged to, also have the right to assign the Terms including but not limited to all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity, however you may not assign, in whole or as part, the Terms to any person or entity.
120. This Agreement shall be governed by and construed in accordance with the laws of the Italian Republic. All Parties expressly and irrevocably and unconditionally submit to the exclusive jurisdiction of the Supreme Court of Italy and the Subordinate Courts of Italy over any claim or matter arising under or in connection with this Agreement or the legal relationships established by this Agreement.
121. If any single or multiple, term, covenant, restriction, section, sub-section, clause, provision or stipulation of this Agreement shall be held or considered to be invalid, illegal, void or unenforceable for any reason in any way, this shall not affect the Agreement to remain in full force; in such cases (a) any and all invalid, void, illegal, unenforceable terms, covenants, sections, sub-sections, clauses, provisions or stipulations shall not affect any other valid terms, covenants, sections, sub-sections, clauses, provisions or stipulations of this Agreement, and (b) the terms, covenants, sections, sub-sections, clauses, provisions or stipulations of the Agreement which were deemed as invalid, illegal, void or unenforceable shall be reformed, rephrased and interpreted to the extend necessary to conform to applicable law and to give the maximum effect to the initial intend and wording of the parties hereto and to the fullest extent possible by law. Both parties agree and acknowledge the severability of the agreement. Furthermore, the invalidity of a term, covenant, restriction, section, sub-section, clause, provision or stipulation in a particular jurisdiction, geopolitical zone or country shall not invalidate or render unenforceable such term, covenant, restriction, section, sub-section, clause, provision or stipulation in any other country, jurisdiction or geopolitical zone.
122. Arbitration and Legal Correspondance. (122.1) Any controversy, dispute or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration as explained by the Code of Civil Procedure in Italy. We hope we never have a dispute, but if we do, any such dispute or claim relating in any way to your use of A’ DESIGN AWARDS, or to any designs, offers, products or services sold, displayed, promoted or distributed by or via A’ DESIGN AWARDS will be resolved by binding arbitration, rather than in court, and furthermore, even before going to arbitration, you and we agree to try for 360 days (or any number of maximum days allowed by law) to resolve it informally between each other through negotiation. If we can’t, you and we agree to binding individual arbitration before an arbitration body in Italy. A’ DESIGN AWARDS can at its sole discretion, also appoint a foreign arbitration body such as the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”) or similar other associations in other countries, and if arbitration bodies are not available in your country, we could consult a third-party lawyer instead as a private arbitrator. By agreeing these Terms and Conditions, You agree not to sue us in court in front of a judge or jury. You and A’ DESIGN AWARDS both agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class action suit, or as a member of class, consolidated or representative actions or any other legal proceedings conducted by group or by representatives on behalf of others. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. Instead, a neutral arbitrator (or an independent third party, commissioned by us, such as a lawyer in case arbitration association is not available) will decide and the arbitrator’s decision will be final except for a limited right of appeal under the FAA or the similar arbitration process in Italy or your country, again the location of arbitration shall be selected solely by A’ DESIGN AWARDS. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties. Please be reminded sometimes your dispute is not with us, it could be about a Seller, a Buyer, a Designer, a User of our platform or some third party who might allegedly infringe your rights, if this is the case, contact us for mediation as we actually have a dispute resolution process that you might potentially make use of. Disputes covered—everything except those for Intellectual Properties. The term “dispute” is as broad as it can be. It includes any claim, dispute or controversy between you and the Seller or Buyer, or you and A’ DESIGN AWARDS, concerning the platform, its software, its price, or this agreement, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights. In such a case, we would like you to mail a Notice of Dispute first. If you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by Mail to us, ATTN: LEGAL DEPARTMENT, mail it to A’ DESIGN AWARDS, A' DESIGN AWARD & COMPETITION SRL, VIA LEONI 32,, 22100, Como. Tell us your name, address, how to contact you, what the problem is, and what you want. We have a dispute form available, please contact us and request the dispute form if you wish to have the dispute process faster. We’ll do the same if we have a dispute with you. After 360 days (or as maximum number of days permitted by law), you or we may start an arbitration procedure if the dispute is unresolved. ARBITRATION PROCEDURE: The Italian Arbitrators, AAA or the independent lawyer or another arbitration institution or entity will conduct any arbitration under its Commercial Arbitration Rules or similar relevant rules (if you are a business) or its Consumer Arbitration Rules or similar relevant rules (if you are an individual). For more information, please contact an arbitration association. To start an arbitration, submit the form available at our website together with a payment so that we could hire or pay for the AAA or a third party lawyer or mediator or arbitrator; please mail the entity you are arbitrating against a copy (or to US if your dispute is with A’ DESIGN AWARDS). In smaller disputes, any hearing could be telephonic or digital unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in residence place of our business. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim. ARBITRATION FEES AND PAYMENTS: If you start an arbitration you agree that you will pay all filing, AAA, and arbitrator’s fees and expenses. If we both start the arbitration process we shall share the costs of dispute and filling and any other legal cost equally, unless a solution is awarded. If you reject our last written settlement offer made before the arbitrator was appointed, your dispute goes all the way to an arbitrator’s decision (called an “award”). The AAA rules, or the mediator or third party independent arbitrator or third party independent lawyers (who we hire to settle the issue) rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses. If the arbitrator finds the arbitration frivolous or brought for an improper purpose you will pay for all expenses plus any awards as decided by the arbitrator to us for making a false, improper or frivolous claim. We will also seek our attorney’s fees or expenses from you in any arbitration. If we start an arbitration, we will pay all filing, AAA, and arbitrator’s fees and expenses. We might seek our attorney’s fees or expenses from you in any arbitration that we start against you. Fees and expenses are not counted in determining how much a dispute involves or the monetary value of a dispute. Disputes or Arbitration requests must be filed within one year. You and we must file in small claims court or arbitration any claim or dispute within one year from when it first could be filed. Otherwise, it’s permanently barred. SEVERABILITY: If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts won’t be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of any section is found to be illegal or unenforceable, that provision will be severed but the rest of sections still applies. CONFLICT WITH ARBITRATORS’ OR AAA RULES: This agreement governs if it conflicts with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules. A’ DESIGN AWARDS AS PARTY OR THIRD-PARTY BENEFICIARY: If A’ DESIGN AWARDS is who is providing the service or product you paid for, then A’ DESIGN AWARDS is a party to this agreement; if you buy products at A’ DESIGN AWARDS your payment goes to the Seller, your product, service or offering is provided by a Seller, then A’ DESIGN AWARDS is not a party but could be a potentially a third-party of your agreement to mediate your role with other parties to resolve disputes through informal negotiation and arbitration. If there is a Designer, Seller or Buyer that you have an issue with, you are prohibited to sue A’ DESIGN AWARDS, instead of A’ DESIGN AWARDS, you need to sue, arbitrate or dispute with the Designer, Buyer or Seller. When A’ DESIGN AWARDS dispute process is used, it is a good idea to remind that, we are not a professional dispute resolution institution and we have a limited capacity to identify evidence and settle disputes, thus A’ DESIGN AWARDS does not warrant that the results of dispute settlement will meet the expectations of the Designer, Buyer and the Seller, nor will it be liable in any way for the results of dispute settlement. In case the Designer, or Buyer and or the Seller still cannot reach an agreement on a relevant dispute after A’ DESIGN AWARDS steps in to mediate, the involved parties such as the Designer or the Buyer and or the Seller can settle the dispute through arbitration. In addition, the settlement by A’ DESIGN AWARDS does not exempt the responsible party from any punishment under applicable laws and regulations. (122.2) For any controversy, dispute, inquiry or claim arising out of or relating to this agreement, or the breach thereof, for any reason, by any party, at any time, the A’ Design Award reserves the right to, but not legally obliged to, charge You, at its sole discretion, hourly fees (“Reaction Fees”) for reacting, responding, communicating, corresponding, discovery, case building, analysis, research, data retrieval, thinking, planning, presenting, designing and/or consultancy, regardless of the availability, quality and performance of thereof. A’ DESIGN AWARDS, at its sole discretion, may charge you, but not legally obliged to charge you, any sort of Reaction Fees at a premium rate, without any upper limits for the rate or the hours charged. Without any reservation, you fully agree and state that you will pay any such Reaction Fees within 15 days of notice to the A’ DESIGN AWARDS. A' Design Awards may communicate Reaction Fees to you using any method or medium, including but not limited to email, phone, by post or in-person, including but not limited to case by means of a negative account credit notice. (122.3) A’ DESIGN AWARDS, at its sole discretion, may decide to not charge You, Reaction Fees at all, and/or may make a discount, or may decide to not charge You immediately and reserve the right to charge You at a later date, or indefinitely postpone charging such Reaction Fees, or the A’ DESIGN AWARDS may inform you that such Reaction Fees are cancelled for the time being or the A’ DESIGN AWARDS may simply decide not to solicit, ask or push you towards paying such Reaction Fees, or the A’ DESIGN AWARDS may add negative credits to your account for Reaction Fees and may later forgive such negative credits; in any such case of Reaction Fees forgiveness, Reaction Fees cancellation, Reaction Fees reduction, indefinite postponement of Reaction Fees, and/or not asking Reaction Fees does not mean that A’ DESIGN AWARDS forego its rights to such Reaction Fees, and on the contrary, even after postponement, non-action, reduction and/or cancellation you extend us an additional five (5) year time, in addition to the legal timeframe allowed by law, to take action towards you for collection of any such Reaction Fees, even if such fees are priorly communicated as cancelled. (122.4) For any controversy, dispute, inquiry or claim arising out of or relating to this agreement, or the breach thereof, for any reason, by any party, at any time, the A’ Design Award reserves the right to, but not legally obliged to, charge You, at its sole discretion, legal fees (“Legal Fees”), at a premium, 100% higher than (twice of, 2x) of any amounts A’ Design Award pays to, owes to, fined or charged by any justice system, lawyers, law firms, paralegals, legal consultants, as well as for any costs incurred, including but not limited to budget, fees, costs, amounts, time, and manhours required for any reaction or action. Without any reservation, you agree to pay to A’ Design Award any such fees at premium, within 15 days of notice. A' Design Awards may communicate Legal Fees to you using any method or medium, including but not limited to email, phone, by post or in-person, including but not limited to case by means of a negative account credit notice. (122.5) A’ DESIGN AWARDS, at its sole discretion, may decide to not charge You, Legal Fees at all, and/or may make a discount, or may decide to not charge You immediately and reserve the right to charge You at a later date, or indefinitely postpone charging such Legal Fees, or the A’ DESIGN AWARDS may inform you that such Legal Fees are cancelled for the time being or the A’ DESIGN AWARDS may simply decide not to solicit, ask or push you towards paying such Legal Fees, or the A’ DESIGN AWARDS may add negative credits to your account for Legal Fees and may later forgive such negative credits; in any such case of Legal Fees forgiveness, Legal Fees cancellation, Legal Fees reduction, indefinite postponement of Legal Fees, and/or not asking Legal Fees does not mean that A’ DESIGN AWARDS forego its rights to such Legal Fees, and on the contrary, even after postponement, non-action, reduction and/or cancellation, you extend us an additional five (5) year time, in addition to the legal timeframe allowed by law, to take action towards you for collection of any such Legal Fees, even if such fees are priorly communicated as cancelled.
123. This Agreement, supplementary agreements and addendums for specific services, contexts and policies, sets forth the entire understanding and agreement between you and us with respect to the subject matter hereof. Any responsibilities or obligations of a User which accrue or arise in relation to these terms and conditions shall survive the termination of these terms until fully satisfied by You.
124. If you have any questions, need help or more support please contact our customer service at the following url: https://competition.adesignaward.com/contact.html We remind you that any subpoena shall be sent via post to the following address: A’ DESIGN AWARDS, A' DESIGN AWARD & COMPETITION SRL, VIA LEONI 32, 22100, COMO, ITALY. ATTN: LEGAL DEPARTMENT – SUBPOENA. Please remember to include any and all information that we might require to have to process your requests such as IP Addresses, UTC timestamps, email or physical addresses and similar. You can also send written copyright or intellectual property disputes to our address noted above but use ATTN: LEGAL DEPARTMENT – INTELLECTUAL PROPERTY INFRINGEMENT again please provide all the necessary information such as a signed document that contains your contact information, email and others, description of works, claims, your statements, and other information such as proof that you are the owner of intellectual properties, made under penalty of perjury, that the information in your notice is accurate and correct, and others information that you might need to provide, indeed we have a web form that you can use instead, again this shall be accessed via https://competition.adesignaward.com/contact.html Furthermore, we could but not obliged to follow DMCA best practices ; in this case, if we choose to follow DMCA process, we would accept DMCA notices via our support forms that relate to alleged material or Content, then most likely the Buyer or Seller whoever the DMCA takedown notice against could reply with a counter notification using our form if they object to the complaint. The entity who made the original complainant will then have fourteen (14) business days after we get a counter notification reply to seek a court order restraining the Buyer or Seller from engaging in the infringing activity, otherwise we could but not oblige to restore the Content or material back, if we can; so if we receive a copyright or intellectual property claim it is good that you know we might disable access to your Content but later we might or not restore it. Please be advised that we will post all notices we receive for takedown requests, notices and similar unless the law enforcement in Italy explicitly requires us not to do it; such as a case of silent investigation.
125. A’ DESIGN AWARDS can proudly and publicly communicate you as one of our clients. A’ DESIGN AWARDS can send you gifts, packages or promotions to your physical address.
126. A’ DESIGN AWARDS will share some identifiable information about you with Buyers or Sellers to ease your business transaction; for example Buyers could receive shipping address, phone numbers for couriers, email addresses that are required for couriers, and Sellers could receive your company details or other necessary information that are needed to do valid business. All Sellers are legally bound to make invoices or receipts to Sellers and to follow any and all legal formalities required by their local and international laws to complete transactions and to fulfil orders.
127. If you are rude, if you threaten or blackmail us we can terminate, without any notification, alert or communication your account without any obligations towards you, at any time, plus we can also add your name and personal identification to a publicly accessible blacklist at our sole discretion and you agree and understand and acknowledge and assume such risk and you will withhold us from harm or damages and be fully liable for such results if this happens.
128. You are legally bound to report us all bugs, problems, issues or discrepancies you might see at A’ DESIGN AWARDS by contacting our support, you agree and understand that we might not always be able to fix errors or mistakes. You legally promise not to disclose any bugs, software vulnerabilities or issues to any third-parties that could provide a way for hackers or any other third-parties to penetrate our systems; if there are any bugs, software vulnerabilities or issues you agree to contact us first and help us resolve such issues, bugs or software vulnerabilities.
129. When you initiate a transaction as a Buyer you are entering into a legally binding and enforceable contact with the Seller to purchase a product, an offering, an experience or service, and you understand, agree and assume liability for paying for it. Even if specific dispatch times, delivery dates or fulfilment information is noted for whatever you are buying, you might provide additional time and flexibility to Sellers at your own decision and liability, and A’ DESIGN AWARDS can also do so under specific conditions at its sole discretion but this time without liability to any parties. You are legally bound by this agreement to notify A’ DESIGN AWARDS upon delivery or non-delivery, provision or non-provision of a design, product or service, within the indicated dispatch times, delivery dates or fulfilment information, and in case you do not notify us, you acknowledge, assume and understand that your negligence and non-notification shall be construed as deemed delivery and provision, and you give all rights to your interest for such transaction, however, at its sole discretion, A’ DESIGN AWARDS can but not obliged to nullify this term, and even if you might have forgotten to not notify us, we might but not obliged to, at our sole discretion give you additional time to notify us, to wait more, or to simply take action ourselves.
130. A’ DESIGN AWARDS reserves right to charge you in any currency to the extent permitted by law. In most cases, we would charge in EURO with prices displayed in EURO as well. We might, but not obliged to, provide functionality to show prices in other currencies but if we do so, the currency rate calculations or the rates might be incorrect, old or irrelevant, so you must always use the EURO pricing to determine for price of goods and services. You understand and agree and acknowledge this very good; EURO prices are relevant, others just for example only and not to be used for decision making process and if you use them for such, you assume full liability. Furthermore, in periods of rapid inflation or deflation, the currency rates could fluctuate greatly within short periods; you understand, acknowledge and assume all risks relating to currency rate fluctuations and you understand and agree that the EURO pricing will be relevant for final invoicing.
131. PRIVACY RULES: Privacy Rules, which shall be considered as an addendum to this agreement are as follows: We need your personal data to provide you some services, we will most likely try to collect your data even if you do not create or be logged-in to an account. If you do not wish us to collect or process your personal information, please do not use or access A’ DESIGN AWARDS. We will collect any and all information we could potentially, technically and legally be able to collect about you; we will collect all information to the extent permitted by law, these include but not limited to your name, email, physical address, credit card information, internet protocol address, geo location, browser information, protocol information, referrers, device information and others. Your real name and surname could be publicly displayed and connected to your account. Other Users could see some statistics about you including but not limited to your comments, reviews, your designs, products, your registration date, your ratings, photos or Content you might have uploaded. We could implement but not obliged to use tracking technologies such as cookies, tracking images and log files and we might use these technologies including but not limited to understand your interaction, to generate insights, for improving relevancy in searches, for customizing Content available to you and hopefully to provide you a better more pleasant experience, of course with better and more targeted advertising and marketing whenever possible. We might share the information we collect about you to third party service providers, and marketing or advertising companies, but we would not sell your information; your information is valuable, we will for sure try to keep it hidden with reasonable commercial efforts, but we do not give or provide any warranties of any sort nor we shall be liable for damages if your personal information might be leaked, hacked or retrieved with or without our or your knowledge. In addition to simpler identification, we might also need your government issued identity cards with photos, tax identification numbers, social security numbers, business identification, business type, fiscal code numbers, date of birth, bank account details, credit card information, and any other identification or proof of identification such as business registration or constitution documents to be able to provide some certain services, or to remove restrictions for your account. By using A’ DESIGN AWARDS you consent us using cookies, tracking technologies and even to hire private investigators! Indeed, we might but not obliged to hire private investigators, local consultants or detectives to or for situations including but not limited for checking up suppliers to ensure that they are who they claim to be. Some third-party services might provide us more information about you, including but not limited to background checks, demographics information and others. You also give us right to search you online and check your online presence, social media profiles or business website if we would wish to do so. We might use your internet protocol address to make look ups to third-party databases which for example could list spammers, robots, fraudulent activities and more. We could use your phone number to call you or give it to a courier or Seller who could need it for delivery or for asking you questions about customization, configuration or whatnot that relates to your purchases via A’ DESIGN AWARDS. We could use your address to give it to Sellers so that you could receive packages. In general, we will try to release as little information as possible to third-parties about you because your information is valuable for us; but for example if we are required by law, contracts or logistics we could release as much information as needed or asked from us. You grant us a right to share your personal information with third-parties without any obligations and compensation required and without any warranties or liabilities imposed to us, and you assert, agree and acknowledge that this is a risk you are willing to solely be responsible for. Furthermore, we might share aggregate statistics and demographics with third-parties. It is of uttermost importance that we remind you your personal data is indeed an asset for us; therefore if we sell A’ DESIGN AWARDS in future, we would also sell and transfer your data to whoever buys A’ DESIGN AWARDS, likewise, data transfers could happen if we buy other companies as well; we might transfer data to these companies that we acquire or if we merge with other entities, similar could happen, sure also in cases of acquisition, bankruptcy, dissolution, reorganization, or other similar transaction or proceeding again we might share your information. It is also important to note that A’ DESIGN AWARDS support staff can access your personal information from their specialized control panels. This agreement requires you to further consent to the transfer of your personal data abroad to any countries we might need, if you are unable to consent, do not use A’ DESIGN AWARDS; we cannot provide services without you consent that we may move your data freely whichever country needed. We may process your personal information on a server located outside the country where you live. We will retain your data as much as possible to the extent permitted by law, especially considering we might need it for legal and fiscal reasons, we will try to keep it as much as possible but we do not promise keeping it ; we do not make a binding promise for keeping or retaining your data, we could decide at our sole discretion, to the extent permitted by law to destroy your data. If you wish to withdraw your consent for us to use your personal information, you must close your account, but before you could potentially close your account, you must not have any disputes, problems, due fees, unfulfilled duties or unfilled orders or obligations; otherwise you cannot close your account and if you cannot close account, you would not be able to withdraw your consent since you would have pending fees or unfulfilled obligations. Sometimes, we might have a legal basis to keep your data even if you request us to remove, delete or conceal it. A’ DESIGN AWARDS may change its Privacy Policy from time to time, in our sole discretion, we strongly remind you to remember to check this document from time to time. It is also good to know that our automated systems could but not obliged to analyze your Content, including your personal data and communications to provide you including but not limited to personally relevant product features, customized search results, insights and offers. Including but not limited for security and analytical purposes, we might but not obliged to monitor your each and every interaction with A’ DESIGN AWARDS to the uttermost details, including but not limited to crazy information such as; where you keep your mouse at, how you move your mouse, where you click or tap on screen, your screen size or device specifications, what you type and which sites you referred you to A’ DESIGN AWARDS, your geolocation, your internet protocol addresses and more! We would like to remind you that we will most likely share all your personal information to meet any applicable law, regulation, legal process or enforceable governmental request. We could also share your private data with others to avoid harm to A’ DESIGN AWARDS or the general public. That all being said, you agree not to stalk, hire detectives or private investigators for gathering more information on A’ DESIGN AWARDS, A’ DESIGN AWARDS owners, A’ DESIGN AWARDS directors, A’ DESIGN AWARDS employees or other A’ DESIGN AWARDS members and A’ DESIGN AWARDS Users. You cannot share private information about Buyers or Sellers with any third party with any reason at all. You cannot retain any information A’ DESIGN AWARDS might have shared with you in any database or in any medium; let’s be very clear about it; for example if you are a Seller and we sent you personal information of a Buyer so that you could fulfil an order; you need to destroy and delete all the personal information of that Buyer once the order is fulfilled to the extend you are permitted or required by law; we know that you might need to keep delivery receipts, but you should not for example add these Users to your databases for any reason including but not limited to marketing, newsletters etc. If you want to build your database as a Seller, always include some document in your physical shipment that invites the Users to sign up or register to your website, otherwise you are not permitted to use any data we provide to you for marketing purposes and indeed we will most likely terminate your account if you engage in this behavior. Likewise, Buyers cannot create procurement databases or “give me offers” databases; all information we share should be used only for the intended purposes and must be destroyed once they are no longer needed to fulfil the purpose for which we shared them. Lastly to repeat it once more, A’ DESIGN AWARDS will continue to store archived copies of your personal information for business purposes as well as to comply with any laws and we will continue to store tracking information, so do not visit A’ DESIGN AWARDS once you terminate your account to ensure no more data could be collected about you. It is important for you to know that since we observe you and track your searches, interactions and actions, we could learn and gather information about you passively without you telling us about you directly; for example including but not limited to we might learn the colors you like, the products you prefer, services you love and we could guess whether you are married, have kids or living a happy single life based on what you buy, when you buy or what you search or any other type of interaction you have!
132. RETURNS, REFUNDS AND CHARGEBACK POLICY: Returns, Refunds and Chargeback Policy, which shall be considered as an addendum to this agreement are as follows: Unless otherwise stated, in most cases, products can be returned within 30 days of receipt of shipment. Unless otherwise warranted by the Seller, the return fee is always paid by the Buyer. However, if the Buyer is returning an item that is not as described, that does not comply with contract, if the product does not work, or if the product is not suitable for its intended function then the return fee is always paid by the Seller. If there is ambiguity whether the product is okay or not, then it is better that the Seller and Buyer agree in advance who shall pay the return fees before the product is returned. Before returning a product, and consecutively asking for a refund, always use the online interface at A’ DESIGN AWARDS first to initiate the return process, the online product return tools could potentially be useful but not obliged to protect your interests; for example, the tool might remind you not to ship the item without taking a photo or without choosing a trackable return method. Indeed, when you send or ship a product, and when you take the photo of product, it is a good idea to include something of personal nature, including but not limited to your business cards, your proprietary labels or receipts that proves, you had the item at your hand before shipping. Some products might have different policies or requirements associated with them, as a Buyer you should read any additional policies that describe refunds policies that might relate to a product you might be buying. It is good to remember that there are many different types of Sellers and some might have varying policies when it comes to returns and refunds. When returning items, always send with a return shipment option and signature requirement and insure the items always and use trackable shipment methods. Especially remember that in case if a shipment is lost, and if you did not use tracking, there will not be any return taking place and you will not be eligible for any refunds plus you will also lose additional money as you would have paid for return delivery. When returning items use additional protective pro-packaging whenever possible; i.e. put the packaged item inside a bigger package so that the package itself shall also be protected; always put filling material and enclose the packages, remember to mark fragile, place stickers such as do not stack, do not drop, or keep out of water signs if the product you are returning requires such extra attention. It is a very clever idea and we strongly recommend that you to photograph the items before shipping it for return, also photograph your packages while the items are visible within the box, together with the box with proof of date and location where items were packaged whenever possible. When returning products always include the original documentation, any included certificates or warranties, info cards or stickers, certificates and documents including but not limited to that of authenticity, originality, grading or appraisal, manuals, accessories and packaging; return the products complete; you cannot send just a few pieces or parts back you must send everything back; include any supplies, parts or spare parts that might have been presented in the packages; include all the pieces, you should understand, agree and assume full liability if any item from original shipment is missing, when original shipment pieces are missing you might lose your eligibility for refunds or you might get partial refunds, decision made at the sole discretion of A’ DESIGN AWARDS or the Seller. If you tampered with the product, if you damaged the product yourself such as you dropping it when you open the package, you might not be eligible for returns. It is also important to know that anything that you retrieve or get via digital delivery, whether actively or passively, including but not limited to audio, digital Content, software, stock images, 3D data, databases, video, designs, digital cards such as those cards that include credits for A’ DESIGN AWARDS or third-party services including but not limited to prepaid cards, game points or credits or top-up cards, electronically transmitted products or anything else that is accessed or delivered via digital upload or digital download or digital synchronization cannot be returned after purchase and thus not eligible for any refunds. Gift cards, store credits and A’ DESIGN AWARDS credits are not eligible for refunds. Event tickets, including but not limited for concerts, conferences, theme parks, exhibitions, trade-shows and others are not returnable after purchase. Customized, hand-made or made to order products, products with tampered or missing serial or identification numbers, personalized items might not always be returned or refunded, you will need to consult with the Seller if they would be willing to accept a return or provide a refund, however if the Seller made mistakes during customization, personalization or design then a return and refund could be possible at the sole discretion of A’ DESIGN AWARDS. All items shall be returned to the return shipping address provided by the Seller within the timeframe in which the Seller expects to receive the returned item. Always hold on to all records of you returning the shipment in case we might ask for proof. If you request a return from A’ DESIGN AWARDS online interface, you shall ship the item within 5 business days of requesting the return, always include several photos and tracking information when returning. The photos you include might be very useful if the Sellers would request refund from shipment agents or if they had insured the packages from insurance companies. It is sometimes possible that a Seller might accept you not to return an item and issue a refund directly without you returning the item, this could happen for defective or items damaged during shipment, thus we suggest you to contact the Sellers before initiating a return process. Sellers should refund you within 7 business days of receiving the returned products or send you a replacement within 7 days upon receiving the returned products depending on whether you requested a replacement or a refund. Do not send back anything else except for additional protective pro-packaging when you return items; anything you might additionally include can create a problem. Sometimes Sellers can even permit you to send back items just because you change your mind or just because it was an impulse buy that you later regretted; it is always a good idea to contact Sellers and ask about it, they might offer partial or full refunds in such cases depending on the way you talk with Sellers, the condition of item as well as the mood of the Seller at the day you contact them. A’ DESIGN AWARDS takes a commission from sale of designs, products and services, and A’ DESIGN AWARDS will not return any commissions when you make a return, thus it is most likely that the Sellers could reflect such fees to you when you would wish to return items without a proper reason. If a Seller does not issue a refund or does not accept you to return item, then you can contact A’ DESIGN AWARDS and open a ticket in our system to initiate an internal control, we will do our best but not obliged to and not promise to ensure that we could solve the issue. Sometimes Sellers could also give you the option to select an alternative product from their product portfolio or catalogue, when such thing happens, it is up to you to decide what to do. Sometimes you might not be able to return items due to their conditions; such as totally broken glass, leaking chemicals, ruptured batteries and others which might not be accepted for pickup by delivery agents or which it would not make sense to deliver, in these cases first make photographic proof by taking the photos of the product, afterwards contact the Seller first and ask for a refund, and you can also ask us to step in and help, if it does not make sense to return the item, A’ DESIGN AWARDS at its sole discretion might decide that you might destroy or recycle the item and Sellers agree that A’ DESIGN AWARDS can decide whether an item can be returned, refunded or not returned or not refunded, no matter whatever they might have written, added or assigned to their product as their refunds or return policy. There might be a restocking fees for products that are returned to Sellers, unless otherwise noted, the restocking fee is set at 10% if you did not open the package, 20% if you opened the package (and note that opened or destroyed or damaged packaging might result in refusal of accepting a return), for returning products without any specific reason; just because you want to return you could return some items otherwise noted above (remember we discussed above that there are no refunds for certain categories and that the Sellers might have their own rules and conditions that governs the returns and refunds), the restocking fee does not apply to you if you are returned products that are not as described or those products that were damaged when they arrived to you, but remember you might need to prove such conditions so always take several photos including overall photos as well as close photos as evidence in case needed. Finally, Sellers could require you to provide additional data or personal information or your A’ DESIGN AWARDS account identification numbers in order to be able to make a return or refund. For any and all services that are provided by A’ DESIGN AWARDS itself, there are no returns or refunds possible, this include but not limited to requests for refunds of commissions, pro-rate fees for account termination, and any other fee you could imagine; A’ DESIGN AWARDS does not refund any fees at any point, also you agree and state that if Sellers do not refund your fees, you will not take action against A’ DESIGN AWARDS legal or otherwise, and you acknowledge and agree this risk and you assume full liability for it. If you are a Seller, and if you did not add or assigned your own refund and return policy to a design, product or service than you agree to be completely bound by A’ DESIGN AWARDS’s refund policies as noted here, furthermore regardless of your own policies, in case of issues or problems you give A’ DESIGN AWARDS the authority to decide whether a refund or return would be possible, the decisions to made at the sole discretion of A’ DESIGN AWARDS. It is also our duty to remind you that based on the country of residence of Buyers, Buyers might have additional rights to returns or refunds, for example in Europe, Buyers have the right to return an item within 14 days of receiving the item (this right does not extend to personalized or custom-made products and certain perishable goods, unless otherwise specified by the Sellers, and yet again, digital Content, including artwork and patterns, are not usually eligible for return, also in Europe when Buyers exercises their right to return an item, a Seller must reimburse all payments, including the original shipping charges they might have taken for the shipment but Buyers are responsible for payment of the return shipments.) Sometimes you might make mistakes such as missing the deadlines to return or refund, we understand that this could happen once in a while but not always, at our sole discretion A’ DESIGN AWARDS could grant you two (2) more days to fulfil your obligations to return, ship or refund products but remember that if you ship items later than required return dates, we might most likely not require the Seller to issue any refund. Finally, services, experiences and offers that have already been consumed cannot be refunded, under any condition. If we determine that you are misusing refunds and return policies against good faith such as excessive returns, damaging items in order to refund them as damaged, making false statements about product conditions and communicating inaccurate reasons for returns or similar, we might limit, suspend or terminate your account, and we also reserve right to communicate your personal information to any Sellers or Buyers you might have harmed. You are solely responsible for accepting and processing returns of your products and services; A’ DESIGN AWARDS does not have any responsibility or obligation for processing such returns and you are liable for any refunds or returns that you do not make. If a Buyer makes a chargeback which results in the reversal of a transaction, then you agree to pay A’ DESIGN AWARDS all the chargebacks issued by Buyers, plus all costs and expenses that relate to charge back, including but not limited to any associated fees, expenses or penalties or payment processor or credit card processor commissions, our fees and fines for processing chargebacks, attorneys' fees and other legal expenses, incurred by or on behalf of us in connection with the collection of any unpaid Chargebacks unpaid by you. You are not permitted to make chargebacks; you must use our dispute system instead. If you make a Chargeback for a transaction, and if we are unable to recover funds related to a Chargeback or if we feel we will not be able to recover or reverse the Chargeback, you will be liable to pay A’ DESIGN AWARDS the full amount of the Chargeback immediately upon demand, plus all costs and expenses that relate to Chargeback, including but not limited to any associated fees, expenses or penalties or payment processor or credit card processor commissions, our fees and fines for processing chargebacks, attorneys' fees and other legal expenses, incurred by or on behalf of us in connection with the collection of Chargeback. If A’ DESIGN AWARDS feels that a chargeback is imminent or if a Chargeback is possible, we have right to contact the Sellers not to fulfil your order; if a Seller fulfilled an order and you did a Chargeback then we consider you committed Chargeback fraud, we reserve our rights to give your personal information to debt collectors as well as reserve our rights to take legal action against you for fraud. Furthermore, if we have other payment methods available relating to your account, for example if we can access your bank account, online wallets, credits, digital payment methods or other funding schemes, you also hereby grant us right to reprocess the payment or withdraw Chargeback amounts plus all costs and expenses that relate to Chargeback, including but not limited to any associated fees, expenses or penalties or payment processor or credit card processor commissions, our fees and fines for processing chargebacks, attorneys' fees and other legal expenses, incurred by or on behalf of us in connection with your Chargeback or the collection of Chargeback without any prior confirmation, notification, alert or communication issued from us, without putting us into any liabilities and obligations. You fully understand, acknowledge and assume liability on the fact that we consider Chargeback which does not follow our dispute process as fraud and that we reserve our rights to take legal and financial action towards you to the extent permitted by law. Sometimes payments can take some time to process, you also promise and are legally bound to give us time to process your payment; if you initiate a dispute process or escalate a claim via your payment processor or initiate a chargeback within these days during which your transaction might still be under processing, we reserve the right to either not-refund your fee or to cancel your orders or both as well as to ask you to pay any and all amounts plus all costs and expenses that relate to your Chargeback, including but not limited to any associated fees, expenses or penalties or payment processor or credit card processor commissions, our fees and fines for processing chargebacks, attorneys' fees and other legal expenses, incurred by or on behalf of us in connection with your Chargeback or the collection of Chargeback. If you are a Seller and under a chargeback, you must help us to recover the fees; usually if a Chargeback occurs via banks or payment processors, such entities will ask us to reply very fast, if that happens we can but not obliged to help protect your interests by asking you to provide further proofs or shipment details or invoices or statements within very short notice; your incompliance or negligence could result a Chargeback to go through, which might jeopardize your collection of the money for any products you have shipped or services you provided; we remind you that we will, collect all chargeback fees and amounts plus all costs and expenses that relate to the Buyer Chargeback, including but not limited to any associated fees, expenses or penalties or payment processor or credit card processor commissions, our fees and fines for processing chargebacks, attorneys' fees and other legal expenses, incurred by or on behalf of us in connection with your Chargeback or the collection of Chargeback from you, and when doing so we could deduct any fees or amounts from the amounts that we might need to pay you, and furthermore in case you do not have any credits available at A’ DESIGN AWARDS, then we will try to access your bank account, online wallets, credits, digital payment methods or other funding schemes, and you also grant us right to retrieve and withdraw such Chargeback amounts and fees from your accounts without any obligation or liability from us without notifying you in advance or in any form. For both Buyers and Sellers who owe A’ DESIGN AWARDS due to Chargebacks, we further reserve the right to terminate accounts, to initiate legal debt collection procedures, to publicly announce your debt status such as under a list of blacklisted entities and Sellers, using your personally identifiable information, and you grant us all the necessary permissions for us to be able to do so, finally we can also send you solicitors, debt collectors and lawyers to your physical address as well as emails and communications related to such. You agree, understand, acknowledge and assume all your liabilities and risks in relation to Chargebacks, returns and refunds. You promise to not to request refunds, chargebacks or disputes from your bank, credit card providers, your electronic money accounts, online payment systems, digital currency accounts, under any condition; instead you agree to use A’ DESIGN AWARDS dispute procedure and system, you can access at https://competition.adesignaward.com/contact.html We like to remind you that the A’ DESIGN AWARDS fee is never returned back even if a return is approved by A’ DESIGN AWARDS. Duty fees, import taxes, tariffs and custom duties which are paid to governments, local authorities or entities delegated by countries are not refundable in any condition.
133. You agree that we could ask but not obliged to ask you to pay us a minimum of 5.000 Euro for each refund, reversals via payment processors, chargeback request or disputes you make or create that is outside of A’ DESIGN AWARDS; this especially relates to chargeback fraud; i.e. when you make a chargeback request but not letting us and Seller know about your refund, reversals via payment processors, chargeback request or disputes resulting in or expected to result in reversal of transaction fees before an order is fulfilled or shipped. You agree that you will pay us 5.000 Euro for each Chargeback fraud you committed; we especially set the minimum of 5.000 Euro as fine for Chargeback fraud you might commit to make it financially feasible for us to sue you in court.
134. You agree that you appoint A’ DESIGN AWARDS as the sole entity to control, mediate, decide on, agree or disagree on refund requests, chargebacks or disputes with you and A’ DESIGN AWARDS, with you and A’ DESIGN AWARDS members and with you and payment processors.
135. RULES OF CONTENT: Rules of Content are as follows: First and foremost, you cannot list, add, upload or make public any design, product, service or Content that is not legal, lawful or ethical. If some designs, products or services are accepted in certain countries and not in others, then as a Seller you might at your own risk, use geolocation limitation function at A’ DESIGN AWARDS to limit access from such countries; but we remind you that many people can use tools and proxies to bypass such limitations and therefore could result you in engaging in a crime (by making you sell them products that are not allowed in their country), and we remind the Seller is responsible for all risks and liabilities for sales, and also the fact that our systems might not always correctly identify geolocations of Buyers so, in the end, it is to your benefit as the Seller not to sell products or provide services that are considered illegal in any part of the world at all. Furthermore, the geolocation limitation function is not available for all A’ DESIGN AWARDS Members, and if this function is not available to you, in this case you should not list, add, upload or make public such designs, products or services that are not legal lawful and ethical worldwide. Likewise, the Buyers must follow the same insights; here we warn the Buyers not to buy anything that is illegal, lawful or ethical; do not buy anything that is not legal; just because you are technically be able to buy things does not make you eligible to buy, use or possess them, and we remind that you are accepting any risks when you make a purchase or access a Content so be very careful about what you are checking or buying. The following Content as well as any related activities, services and or products that relate to the following concepts are not only forbidden but also illegal, unethical, harmful: Child Exploitation and Abuse, Harassment, Paedophilia, Bullying, Defamation and Threats, Racism, Harmful to Others or Related to Self-Harm, Malicious and Deceptive Practices, Rudeness, Hate, Spam, Bigotry, Terrorism, Personal and Confidential Information of Third-Parties, Illegal Activities, Drugs and any other context, Content, product or services that does not feel right, and especially not allowed by law. Please kindly note that some restricted designs, products, Content and services we list here are not all-inclusive and you should know, follow and obey all relevant laws when providing Content or putting a design, product or service to A’ DESIGN AWARDS for any reason, including but not limited to listing such for sale or add, upload, list or make any design, service, or product publicly listed or available. The mere fact that you could technically be able to insert, upload or make publicly available a design, product or service listing does not mean that you are legally entitled to do so. You must consult with a lawyer or legal counsel if you are not sure whether the designs, products or services or Content you provide are acceptable or legal, especially considering the fact that you completely agree, acknowledge and assume responsibility as well as liability and hold us from any damages and harm that might relate to your listing, and also we remind that sale of illegal, harmful or unsafe products or services could potentially lead to legal action, including civil and criminal penalties. Certain type of goods, designs, products, services or Content might only be provided by Sellers or providers who might have the necessary legal permits and licenses to manufacture, sell, distribute, advertise or publicize them, and unless specific licenses and government level permits are demonstrated, you are strictly prohibited to upload, add, make publicly available, list for sale any such products; these include but not limited to; products or designs which could be used for producing an illegal product or undertake an illegal activity, products that infringe upon others’ intellectual properties or an individual’s privacy (including but not limited to any type of audio, video, biometric, spatial captures or recordings taken without subject’s permission), humans or human body parts, animals or animal parts, sentient beings or parts of sentient beings, art works where the name of artist is not available, fake art work, counterfeit, unauthorized copies or reproductions of artwork, products that were intended to be mainly used for cheating, creating disruption or disturbance, products requiring a prescription or medical professionals’ supervision or direction of use, substances designed to emulate, used instead of or mimic illegal drugs, prescription medical devices, adulterated, misbranded, unapproved, homemade or sweatshop produced, undocumented, uncertified, tempered or altered chemical or cosmetic products or medical devices or products that make health claims, products that were not approved by sale or restricted by local and national authorities, products that present a risk of injury or illness, or are otherwise unsafe, homeopathic products, controlled substances, tempered or altered legal tenders including but not limited to counterfeit money, products or machinery intended for counterfeit good production, adulterated, misbranded, unapproved, homemade or sweatshop produced, undocumented, uncertified, tempered or altered dietary supplements, infant formulae or ingestible substances, products labelled as “not for sale”, “tester”, “not for retail”, “not intended for resale” and similar, supplements claiming but not proven to be used to cure, mitigate, treat, or prevent disease, drugs, narcotics, hallucinogenics, weed or drug paraphernalia, or products that might cause hallucinations or alter mood, unapproved remedies for conditions or diseases, weapons, products intended or with an expected or highly potential use by kids, children or babies but not designed to be safe such as those that have sharp edges or with poisonous plating or colouring or not kid friendly in general and any other thing that could harm babies, children or kids, weapons, including toys that have lasers, projectile or thrown toys, products in the shape of weapons including those intended for kids such as toy weapons, irradiated products, products that emit radiation, disease or illness test kits, illegal, fatal, dangerous, poisonous or hazardous materials, chemicals, substances, seeds, plants or products, any product that makes an unprovable claim, recalled products, pornographic products and xxx materials including but not limited to xxx, pornography, x-rated, hardcode publications or movies or others, sexual material, Content or products related to or including kids, children or babies, blank, skeleton, master or monkey keys, lock pick equipment or thief equipment, shoplifting or lock bypassing equipment, keyloggers, card skimmers, code grabbers, wiretappers, surveillance bugs, hacking devices, products that were designed to facilitate crime or privacy violations including but not limited to concealed sound recorders, hidden cameras, or others to tap into or listen to or gather data in unauthorized manner, such as eavesdropping, wiretapping and others, social media accounts or Users, illegal digital services, in-game currencies otherwise sold by the game makers themselves, uncertified products that require certification, nicotine, tabacco and tabacco related products including but not limited to dongs, vaporizers, shisha and others, arms, ammunition, weapons, explosives, defence items, firearms, dual-use items (products having both a defence and commercial purpose), accessories, parts, equipment or products related to weapons, arms, firearms, swords, weaponized knives or blades, martial art items, armour, weapons or products that were intended for law enforcement or military use, military products or supplies, investment services or schemes, unfair, predatory or deceptive products and services, high risk products or services, pay to remove sites, get rich products, multi-level marketing, pyramid, and matrix programs, replacement plans, warranties or guaranties made by non-manufacturers or authorized dealers or value added resellers, products that belong to others for which you have right to sell, artefacts, grave related products, psychic services, embargoed goods, promissory notes, mortgages or deeds of trust stocks, bail bonds, lending instruments, securities, financial aggregation, credit counselling, factoring, government services, international trading, virtual currency, sale of stored value, currency, lottery tickets, bidding fee auctions, bidding for odds, sweepstakes, gambles or gambling related products or materials including but not limited to gambling equipment, luck related products, slot machines, INCLUDING BUT NOT LIMITED ARE ALL PROHIBITED, AND IN MOST CASES COULD ALSO LEAD TO CIVIL OR CRIMINAL PENALTIES, PLEASE BE VERY CAREFUL ABOUT WHAT YOU ARE SELLING AS YOU ARE ASSUMING ALL RESPONSIBILITY, CIVIL AND CRIMINAL LIABILITY, AND YOU AGREE TO WITHHOLD US FROM ANY HARM OR LIABILITIES THAT MIGHT ARISE FROM YOU SELLING THESE ITEMS OR IF THE DESIGNS, PRODUCTS OR SERVICES YOU UPLOAD, MAKE PUBLICLY AVAILABLE OR SELL RESULT IN ANY HARM FOR CUSTOMERS, CLIENTS OR END-USERS OF THE SERVICES, DESIGNS AND PRODUCTS YOU SELL. WE RECOMMEND YOU TO CONSULT A TRADE SPECIALIST OR LAWYER TO INQUIRE WHAT IS LEGAL TO BE SOLD IN WHICH COUNTRY BEFORE YOU ADD A LISTING, WE ARE NOT PROVIDING YOU LEGAL ADVICE, ITEMS WE LIST ARE FOR INFORMATIVE AND EXAMPLE PURPOSES ONLY; REMEMBER LAWS CAN CHANGE AND YOU ARE RESPONSIBLE FOR KEEPING UP TO DATE ABOUT LAWS AND TO ENSURE YOUR LISTING IS LEGAL AND LAWFUL. Furthermore, products you sell or make available to any country must have labels and documentation in the official languages of that country. All safety and security products, medicine, cosmetics, infant formulae and indeed any other product shall be approved by the destination countries’ safety requirements, recognized testing laboratories or national standards. Products that violate energy efficiency standards unless are sold as collectible must be marked as used – collectible status and a warning must accompany that it is prohibited to use them in certain countries or regions. Products that have been altered for alleged improved performance, safety specifications, or indications of use by resellers, end-Users, manufacturers or third parties shall be explicitly communicated in the warning section and shall not be sold if the modifications make them illegal or outside their intended purpose; such as an overpowered toy product becoming a weapon is prohibited. If it is legal in the destination country, you can sell imitation gems or jewellery but any fake or imitation aspect must be marked in the warning section and must be very obvious otherwise we will consider you as a fraudster, furthermore we remind that in some countries, certification of jewellery might be required. It is considered acting in bad faith if you are not disclosing certain aspects of your products that is negative, known to create issues, known to have side effects or if known by public would decrease the value of your offering. You cannot sell offensive or obscene products, including but not limited to those products that create intrigue for, promote or glorify death, hatred, violence, sexual abuse, intolerance and others. Furthermore, your products must need to be compliant with the destination state or international requirements, furthermore we also like to remind that your product name cannot include A’ DESIGN AWARDS or your product cannot integrate any A’ DESIGN AWARDS intellectual property such as logo, trademarks, icons and similar. It is important to remember that all used items shall be marked as used with their condition indicated as is otherwise, expired products must be marked as used – expired as well as include a big and readable warning text that the product shall not be used for its original intended purpose (such as an expired can of product sold for collection purposes might be but you cannot put expired can of product for consumption purpose; you must very clearly indicate that the product is not suitable for consumption or usage), single use products that have already been used must be especially noted, products that have had their packaging altered in such a way that removes or obscures any identifying codes placed on the packaging by its creator, the manufacturer or distributor, including but not limited to QR Codes, Barcodes, Matrix codes, Lot numbers or Serial numbers are further prohibited. You are solely responsible for verifying the identity of Users who engage in a transaction with you and you must check, control and assume liability for the eligibility of a User to engage in a transaction with you, for example Users might have limitations due to law or sanctions and you should make sure not to sell to any User that is not eligible to buy from you as restricted by law. You cannot upload Content with the sole purpose of making people unhappy or sad, you cannot upload Content that interferes with another Users’ enjoyment of A’ DESIGN AWARDS (within common sense).
136. INTELLECTUAL PROPERTY POLICY: Intellectual Property Policy, which shall be considered as an addendum to this agreement are as follows: (1) A’ DESIGN AWARDS respects artistic creation, original designs and intellectual properties and require Users to do the same, as an A’ DESIGN AWARDS User you are bound by these terms to report all infringements that relate to copyrights and intellectual properties. (2) Please report all copyright and intellectual property infringements at https://competition.adesignaward.com/contact.html/ (3) We kindly remind that intellectual properties can include but not limited to original design, artwork, music, sound, video, images, photographs, likeliness, metadata, database rights and any patents, industrial designs, copyrights, trademarks, various intellectual properties as well as trade secrets that relate to them. (4) All Content of A’ DESIGN AWARDS, and all rights and title in and to the A’ DESIGN AWARDS, including but not limited to all Content included therein, including but not limited to; designs, metadata, text, photographic works, pictorial representations, graphics, photographs, logos, buttons, icons, images, audio files, videos, catch phrases, taglines, animations, musical compositions, recordings, character likenesses, methods of operation, directories, sounds, listings, digital downloads, visuals, code, processes, documents, data compilations, databases, software, 3D Data, illustrations, lyrics, and images are the property of A’ DESIGN AWARDS or its licensors and protected by international copyright laws. (5) Once you provide, upload or post any sort of Intellectual Property or Content to A’ DESIGN AWARDS, including but not limited to, reviews, comments, suggestions, communications, questions, metadata, sounds, musical compositions, catch phrases, stories, storylines, character likenesses, methods of operation, text, graphics, photographs, logos, buttons, icons, images, audio files, videos, directories, sounds, listings, digital downloads, code, processes, documents, data compilations, databases, software, 3D Data, illustrations, lyrics, and images, any and all intellectual and industrial property rights, whether or not now existing, and whether or not registered or registrable and includes any right to apply for the registration of such right and includes all renewals and extensions, in all jurisdictions throughout the world and includes, but is not limited to, all copyright rights, ownership and licenses, including all copyright falling under statutory law and all copyright rights conferred by common law, and including any other copyright under the laws of any other jurisdiction; all registered design rights, ownership and licenses, including all registered design rights falling under statutory law and all registered design rights conferred by common law, and including any other registered design rights under the laws of any other jurisdiction; all patent rights, ownership and licenses, including rights pertaining to one’s proprietary invention, all patent rights falling under statutory law and all patent rights conferred by common law, and including any other patent rights under the laws of any other jurisdiction; all trade mark rights, ownership and licenses, including all trade mark rights falling under statutory law and all rights relating to trade marks conferred by common law, including the action of passing-off, and including any other rights relating to trade marks under the laws of any other jurisdiction; and all and any other intellectual property rights which may not be mentioned herein, You are giving us and our sublicensees an irrevocable, perpetual, unlimited, non-exclusive, royalty-free, transferable, fully sublicensable, worldwide license to use your Content or intellectual property, including but not limited to exercise the copyright, publicity, and database rights as well as the right to, but not the obligation to, use your name in connection with your Content or intellectual property. A’ DESIGN AWARDS is granted rights to use all copyrights and ancillary copyrights with regard to all data, information, Intellectual Property and Content you submit, upload or provide with us. Our rights to use your license and copyrights cover any and all cases, are in perpetuity, in any and all media known or hereafter devised, and when using your data, design, Content, information or Intellectual Property, we could do so without naming you, without making a reference or attribution to your name, to your brand or your entity. When we use your data, Content or Intellectual Property we will not be obliged to neither inform you nor request permission from you. We can use your data, Content or Intellectual Property with respect to A’ DESIGN AWARDS or outside the scope of A’ DESIGN AWARDS, as we see fit, at any time, at anywhere, in any scope, at the sole discretion of A’ DESIGN AWARDS, without any liabilities or obligations towards you. We reserve right to share your data, Content, information and Intellectual Properties with third-parties, including but not limited to our affiliates, service providers, media members, press members, journalists, editors, publishers, end-users and more. (6) A’ DESIGN AWARDS can showcase, show, display, reproduce, edit, store, copy, publish, duplicate, advertise, transfer, build upon, transmit, back-up, distribute, translate, change and create derivative works, adapt, modify, mix and remix your Content and otherwise use any or all of your Content in any form, media, or technology now known or would be known in future in any manner and for any purpose. (7) You also state that the Content is your original Content and that you have all the rights or the necessary licenses to provide, upload or post the Content in consideration with these terms and conditions. (8) You state and warrant that you have all the rights, power and authority necessary to grant us the above noted license. (9) You shall not provide, upload or post intellectual property or Content if these Contents infringe the copyrights, intellectual properties, trademarks, house marks, collective marks, associate marks, registered marks, trade secrets, trade dress, brands, personal rights, moral rights, artists’ rights, right of publicity, proprietary rights or patents of third-parties; if you do not have permission to provide, upload or post such Content, based on this agreement, you will also be liable for all damages, fines and losses. (10) By agreeing these Terms and Conditions, You also take full responsibility and be legally liable for any copyright infringements and breaches and you also promise to hold us from harm or damages that might relate to your use of such Content. You are completely and legally responsible for all your interaction with A’ DESIGN AWARDS, especially for designs added, Content generated, information stored, backed-up, restored, downloaded, uploaded, transmitted, browsed, shown or exhibited in connection with you and with the Content you provided; you are responsible for any design or Content you provide to A’ DESIGN AWARDS. (11) FOR EACH VIOLATION OF INTELLECTUAL PROPERTY RIGHTS, INCLUDING BUT NOT LIMITED TO SUBMISSION OF CONTESTED, DISPUTED, VIOLATING OR PLAGIARISED CONTENT OR DESIGNS, ANY AND ALL VIOLATIONS OF COPYRIGHTS, INTELLECTUAL PROPERTIES, TRADEMARKS, HOUSE MARKS, COLLECTIVE MARKS, ASSOCIATE MARKS, REGISTERED MARKS, TRADE SECRETS, TRADE DRESS, BRANDS, PERSONAL RIGHTS, MORAL RIGHTS, DESIGN RIGHTS, ARTISTS’ RIGHTS, RIGHT OF PUBLICITY, PROPRIETARY RIGHTS, PATENTS OR ANY OTHER SUCH RIGHTS OF THIRD-PARTIES OR THAT OF A’ DESIGN AWARDS OR A’ DESIGN AWARDS MEMBERS; (A) YOU AGREE, DECLARE AND WARRANT TO PAY A’ DESIGN AWARDS A PENALTY OF FIFTY-THOUSAND [50.000] EURO PLUS ITALIAN VALUE ADDED TAX FOR EACH VIOLATION OR INFRINGING Content, DESIGN, PRODUCT, SERVICE OR INFORMATION, AND YOU FURTHER AGREE, DECLARE AND WARRANT THAT A’ DESIGN AWARDS’S RIGHT TO CLAIM FOR FURTHER DAMAGES IS NOT AFFECTED BY ENFORCEMENT OR PAYMENT OF THIS PENALTY (B) EVEN IF YOU ARE NOT YET FOUND GUILTY OF ANY ALLEGED OR ACTUAL INFRINGEMENT, PLAGIARISM OR VIOLATION,YOU AGREE, DECLARE AND WARRANT TO COVER AND PAY FOR LEGAL DEFENSE PLUS YOU AGREE TO PAY FOR LAWYERS’ FEES AT THE STATUORY RATE. (C) YOU AGREE, DECLARE AND WARRANT TO PAY FOR ANY AND ALL DAMAGES, INCLUDING WITHOUT LIMITATION ALL COSTS, FEES, PENALTIES, CLAIMS, DEMANDS, ACTIONS, PROCEEDINGS, COSTS, EXPENSES, DIRECT OR INDIRECT, CONSEQUENTIAL OR NON-CONSEQUENTIAL, INCIDENTAL OR NON-INCIDENTAL, ACTUAL, LEGAL, SPECIAL, PUNITIVE, EXTRAORDINARY, EXEMPLARY OR ANY OTHER DAMAGES, LEGAL COSTS, CIVIL OR CRIMINAL LIABILITIES, WITHOUT ANY LIMITATIONS, WORLDWIDE, AND IN PERPETUITY THAT WERE CAUSED OR RESULTED DUE TO YOUR ALLEGEDLY OR ACTUALLY INFRINGING, PLAGIARIZING, CONTESTED, DISPUTED OR VIOLATING CONTENT, DESIGN, PRODUCT, SERVICE OR INFORMATION TO A’ DESIGN AWARDS, A’ DESIGN AWARDS MEMBERS, A’ DESIGN AWARDS STAFF OR TO THIRD-PARTIES. (D) YOU AGREE, DECLARE AND WARRANT TO INDEMNIFY A’ DESIGN AWARDS, AS WELL AS OUR AFFILIATES, DIRECTORS, EMPLOYEES, WORKERS, AGENTS AND REPRESENTATIVES AGAINST ANY FINES, LOSSES OR DAMAGES SUFFERED AS A RESULT OF YOUR ALLEGEDLY OR ACTUALLY VIOLATING, PLAGIARIZING OR INFRINGING CONTENT, DESIGNS, PRODUCTS, SERVICES OR INFORMATION FOR ANY AND ALL DAMAGES, INCLUDING WITHOUT LIMITATION ALL COSTS, FEES, PENALTIES, CLAIMS, DEMANDS, ACTIONS, PROCEEDINGS, COSTS, EXPENSES, DIRECT OR INDIRECT, CONSEQUENTIAL OR NON-CONSEQUENTIAL, INCIDENTAL OR NON-INCIDENTAL, ACTUAL, LEGAL, SPECIAL, PUNITIVE, EXTRAORDINARY, EXEMPLARY OR ANY OTHER DAMAGES, LEGAL COSTS, CIVIL OR CRIMINAL LIABILITIES, WITHOUT ANY LIMITATIONS, WORLDWIDE, AND IN PERPETUITY. (E) YOU AGREE, DECLARE AND WARRANT TO GIVE A’ DESIGN AWARDS RIGHT TO CLAIM FROM YOU FOR ANY AND ALL FURTHER DAMAGES, INCLUDING WITHOUT LIMITATION ALL COSTS, FEES, PENALTIES, CLAIMS, DEMANDS, ACTIONS, PROCEEDINGS, COSTS, EXPENSES, DIRECT OR INDIRECT, CONSEQUENTIAL OR NON-CONSEQUENTIAL, INCIDENTAL OR NON-INCIDENTAL, ACTUAL, LEGAL, SPECIAL, PUNITIVE, EXTRAORDINARY, EXEMPLARY OR ANY OTHER DAMAGES, LEGAL COSTS, CIVIL OR CRIMINAL LIABILITIES, WITHOUT ANY LIMITATIONS, WORLDWIDE, AND IN PERPETUITY, TO A’ DESIGN AWARDS, A’ DESIGN AWARDS MEMBERS, A’ DESIGN AWARDS STAFF OR TO THIRD-PARTIES. (F) YOU AGREE, DECLARE AND WARRANT TO NOTIFY A’ DESIGN AWARDS OF ANY INFRINGMENT, PLAGIARISM OR VIOLATION ISSUE THAT YOU BECAME AWARE OF IMMEDIATELY. (G) YOU AGREE, DECLARE AND WARRANT TO CEASE AND DESISTS PROMOTING, PUBLISHING, ADVERTISING, MAKING PUBLIC OR SELLING ANY PRODUCT, DESIGN, SERVICE, CONTENT OR INFORMATION THAT IS SUBJECT TO ALLEGED VIOLATION, PLAGIARISM OR INFRINGEMENT AT A’ DESIGN AWARDS (H) YOU AGREE, DECLARE AND WARRANT TO PROVIDE A’ DESIGN AWARDS WITH ALL THE REQUIRED DOCUMENTATION, PROOF, REGISTRATIONS AND ANY AND ALL OTHER MATERIAL THAT COULD BE REQUIRED, IN CASE OF A CLAIM, TO DEFEND OR TO PREPARE TO DEFEND AGAINST SUCH CLAIM, IMMEDIATELY, ACCURATELY, PROMPTLY, COMPLETELY AND WITHOUT RESERVATION. (I) YOU AGREE, DECLARE AND WARRANT THAT IN CASES OF ALLEGED OR ACTUAL INFRINGEMENT, VIOLATION OR PLAGIARISM, BY YOUR PRODUCTS, SERVICES, CONTENT, DESIGNS OR INFORMATION; IN THIS CASE IF YOU HAVE ANY POSITIVE ACCOUNT BALANCE AT A’ DESIGN AWARDS OR IF A’ DESIGN AWARDS OWES YOU ANY MONEY OR OBLIGATIONS SUCH OWED DEBT OR OBLIGATIONS WILL BE BLOCKED, SUSPENDED AND FROZEN UNTIL THE ISSUE IS SETTLED IN COURT. (12) All activities undertaken from your account is your responsibility; these include but not limited to listing, making available for sale, making publicly available, buying, selling, fulfilling, as well as agreeing further terms, conditions as well as any activity that might create damages to A’ DESIGN AWARDS, its members or third parties; you agree to indemnify A’ DESIGN AWARDS, as well as our affiliates, directors, employees, workers, agents and representatives against any fines, losses or damages suffered as a result of your account activity and interaction. (13) You agree that A’ DESIGN AWARDS is not responsible, and shall have no liability to you or anyone else for your designs and Content especially including but not limited to potentially illegal, criminal, fraudulent, stolen, untrue, misleading, incorrect, inaccurate, hazardous, defamatory, fake, intellectual-property infringing, copyright-infringing, trademark-infringing, proprietary-rights-infringing, third-party-rights-infringing, harmful, offensive or illicit material and that the risk of any damages from such material rests entirely with you. (14) All those Intellectual Property rights arising as a result of domain names, internet or any other right available under applicable law shall vest in the domain of A’ DESIGN AWARDS as the owner of such domain name. (15) If you upload audio, video, photographs or 3D scans of other people, you will need to provide Model Release Agreement, model release forms and agreements; which are duly signed paper documents that indicates that the people contained, depicted or captured within audio, video, images or 3D scans, give you the full rights to fulfil your obligations with respect to this agreement; including but not limited to licensing rights and more as noted in the various parts of this agreement. (16) If you are a model or subject in a Content, you can and should make a report to our support any misuse, before taking action we might ask the alleged infringers to provide us more details, you agree and acknowledge to give us all the necessary time to take action and you understand that the action will be at the sole discretion of A’ DESIGN AWARDS and that A’ DESIGN AWARDS is not obliged to take action and if A’ DESIGN AWARDS does not take action, you are of course free to use your legal rights, however we shall remind that A’ DESIGN AWARDS shall not be considered the infringer and you should only hold the Content provider (the Seller or Buyer who have uploaded, linked, included or mentioned) the Content as the sole liable party and A’ DESIGN AWARDS shall not be considered or included in any legal case that relate to these matters. (17) Except as expressly provided in these Terms of Use, no part of the A’ DESIGN AWARDS and no A’ DESIGN AWARDS Content and no A’ DESIGN AWARDS User Content may be beamed up, copied, encoded, embedded, funneled, reproduced, republished, uploaded, posted, publicly displayed, translated, transmitted or distributed in any way, including but not limited to archival, backup or mirroring purposes to any other network, computer, server, or other medium for any purpose. (18) Sellers could provide additional provisions, agreements, terms and licenses in respect to your use of their intellectual properties, if such provisions or licenses or terms are provided, you are also legally bound by law to follow them or not to buy, procure or order such items, products, services, offerings or experiences. (19) If you are disputing intellectual property rights, copyrights and/or licenses regarding a content, design or image uploaded by any end-user of the A' Design Award, even if the content is hosted at A' Design Awards website, published in A' Design Award publications or featured or published within the A' Design Award ecosystem (including but not limited to publications, magazines, and web domains affiliated with the A' Design Awards), you agree to resolve any such intellectual property, copyright or license disputes directly with the end-users who have uploaded the content and not solicit A' Design Awards except for requesting information regarding contact details of the end-users, likewise the end-users agree to have A' Design Awards release their contact details to any disputing third parties as well as agree to indemnify, defend and protect A' Design Award from any such claims and damages.
137. TRADEMARK POLICY: Trademark Policy, which shall be considered as an addendum to this agreement are as follows: YOU CAN ONLY USE A’ DESIGN AWARDS MARK ONLY TO ADVERTISE, PROMOTE AND PUBLICISE THE AVAILABILITY OF YOUR DESIGNS, PRODUCTS AND SERVICES ON A’ DESIGN AWARDS. You are allowed to link to A’ DESIGN AWARDS and you might use view at A’ DESIGN AWARDS, book on A’ DESIGN AWARDS, hire at A’ DESIGN AWARDS, rent at A’ DESIGN AWARDS, discover at A’ DESIGN AWARDS, or buy at A’ DESIGN AWARDS buttons or text that we might provide. You may use A’ DESIGN AWARDS Mark only if you have written and signed authorization from A’ DESIGN AWARDS. You may not alter, change proportions of, distort, modify, recolour, crop, or reconfigure A’ DESIGN AWARDS Mark in any mark. You cannot use or integrate A’ DESIGN AWARDS Mark in any way that damages, tarnishes or reduces the value of A’ DESIGN AWARDS. When downloading A’ DESIGN AWARDS Mark there could be additional regulations for A’ DESIGN AWARDS Mark usage, which you should learn and understand before you could use any A’ DESIGN AWARDS Marks. You understand, agree and acknowledge that all rights to the A’ DESIGN AWARDS Mark are the exclusive property of A’ DESIGN AWARDS, and all goodwill generated through your use of the A’ DESIGN AWARDS Mark will inure solely to the benefit of A’ DESIGN AWARDS. You cannot use A’ DESIGN AWARDS Marks on including but not limited to business cards, merchandise, domains, or any other medium as if it could create the false impression that you are related to us in a way that you are actually not. You cannot use A’ DESIGN AWARDS Mark to create a false impression of or to communicate endorsement, patronage, partnership, ownership, employership, affiliation or sponsorship by A’ DESIGN AWARDS. You will not take any action that conflicts with A’ DESIGN AWARDS’s rights in, or ownership of, the A’ DESIGN AWARDS Mark. A’ DESIGN AWARDS reserves right to request you to cease and desists using A’ DESIGN AWARDS Mark at any point at any time without any obligation. You understand and agree to comply with any requests. When it comes to others’ trademarks, we remind that you cannot use others’ trademarks in your product or service listings or as part of your Content. All notices of alleged trademark infringement shall be communicated to A’ DESIGN AWARDS support at https://competition.adesignaward.com/contact.html when making a trademark infringement allegation you agree and acknowledge that the information in the notification is accurate, and under penalty of perjury. We remind that it is the trademark owner's burden to police its mark, and companies like A’ DESIGN AWARDS cannot be held liable for trademark infringement based solely on their generalized knowledge that trademark infringement might be occurring on their websites. Further liabilities, conditions, and stipulations regarding trademarks are as noted in our Intellectual Property Policy, you agree, declare and warrant to respect and follow the terms noted in our Intellectual Property Policy.
138. DUE FEES, FEES, PRICING, COSTS AND DEBT COLLECTION: Due Fees, Fees, Pricing, Costs and Debt Collection, which shall be considered as an addendum to this agreement are as follows: You must pay A’ DESIGN AWARDS all due amounts, debts, duties, fees you have, upon thirty (30) net days of communication of such amounts, if you do not pay your fees, due amounts, debts, duties on time, we reserve right to but not legally obliged to try to, collect all fees and amounts plus all costs and expenses that relate to late fees, including but not limited to any associated fees, expenses or penalties, additional payment processor or credit card processor commissions, our fees and fines for processing late payments, attorneys' fees and other legal expenses, incurred by or on behalf of us in connection with your late payment or the collection of due fees, debts, fines or due amounts from you, and when doing so we could deduct any fees or amounts from the amounts that we might need to pay you, and furthermore in case you do not have any credits available at A’ DESIGN AWARDS, then we will try to access your bank account, online wallets, credits, digital payment methods or other funding schemes, and you also grant us right to retrieve and withdraw such debts, due fees and amounts and fees from your accounts without any obligation or liability from us without notifying you in advance or in any form, we further reserve the right to terminate accounts, to initiate legal debt collection procedures, to publicly announce your debt status such as under a list of blacklisted entities and Sellers, using your personally identifiable information, and you grant us all the necessary permissions for us to be able to do so, finally we can also send you solicitors, debt collectors and lawyers to your physical address as well as emails and communications related to such. You understand and agree that our decision not to immediately ask you to pay any due fees or fines does not mean that we forego such fees or fines; you extend us an additional five (5) year time, in addition to the legal timeframe allowed by law, to take action towards you for debt collection. You agree, understand, acknowledge and assume all your liabilities and risks in relation to your failure of paying your fees, fines, due amounts or duties on time. We remind you that your failure to fully pay amounts that you owe us on demand will be a breach of these Terms, and we further remind that if you do not pay your due fees on time, you could be liable for incremental costs including but not limited to, in addition to amount owned, debt collector fees, collection agency fees, fees for attorneys' and legal expenses, costs of any arbitration, cost of court proceeding, and any applicable interest that might accrue due to late payment plus any damages your late fees might result to us, including but not limited to loss of business or opportunities. A’ DESIGN AWARDS does not guarantee or assume any liability for transactions authorized and completed which may later be reversed or charged back via chargebacks or refunded via dispute processes or cases. You are responsible for any and all reverse payments, refunds, reversals, chargebacks, claims, fines, fees, due amounts, taxes, duties, insurance costs, shipping costs, transaction costs, legal costs, penalties and other liability arising out of or relating to your breach of this agreement, and or your use of A’ DESIGN AWARDS.
139. Twenty percent (20%) of all; including but not limited to; all net sale amount, the total amount of sale, final price of item, the amount of money paid by Buyer, amount the Buyer charged for, amount of money taken from the Buyer or fees collected from Buyer for a transaction whichever is higher; is owed to, paid to, and captured and becomes property of A’ DESIGN AWARDS as A’ DESIGN AWARDS fee, this fee is per each transaction, without any maximum limits or a maximum threshold based on transaction, there is however, a 0.5 euro (50 euro cents) minimum additional transaction recording fee to be paid to A’ DESIGN AWARDS for each and every transaction that takes place. Shipping charges, transaction fees, commissions, duty fees, taxes, and any other amounts you may charge the Buyer via A’ DESIGN AWARDS shall also be considered as part of the fees collected from Buyer so the calculation is based on 20% of whatever we charge the Buyer plus the minimum transaction fee, again with the minimum transaction fee amount being 0.5 euro (50 euro cents) but without no maximum amount indicated as it could vary depending on payment processor. A’ DESIGN AWARDS reserves the right but not obligation to charge different percentage of commission rates for different A’ DESIGN AWARDS Users at its sole discretion. A’ DESIGN AWARDS at its sole discretion could decide to, but not obliged to, not to ask transaction fees or commissions from eligible A’ DESIGN AWARDS Users. A’ DESIGN AWARDS reserves a right to but not obliged to reduce the commission rate for Sellers based on sales volume, the referral of the sale and other aspects determined at the sole discretion of A’ DESIGN AWARDS. A’ DESIGN AWARDS fee and transaction fee are always final and never refunded or returned even if an item is disputed, returned or refunded or charged back. It is the duty of the Sellers to pay all A’ DESIGN AWARDS fees and transaction fees. Delivery and shipment fees and costs are paid by Sellers to shipping agents but are collected from Buyers on behalf of Sellers, but still considered and included when calculating A’ DESIGN AWARDS fee as they are part of the transaction. Duty fees, import taxes, tariffs and custom duties shall be paid by Buyers, if these fees are prepaid by Buyers in advance they are considered and included when calculating A’ DESIGN AWARDS fee, otherwise not considered and included when calculating A’ DESIGN AWARDS fee. It is good to remember that one single order from a Buyer might contain or result in many transactions; we try but not promise nor obliged to reduce or bundle transactions to reduce your A’ DESIGN AWARDS fees and transaction fees. Sellers are bound by these terms and agreement document to pay all due fees to A’ DESIGN AWARDS, there are many parts of this agreement that discusses and relates to the payment terms, periods as well as legal disclaimers regarding them, you agree and acknowledge and assume full liability and obligations to fulfil your duties towards A’ DESIGN AWARDS, you agree to pay A’ DESIGN AWARDS the A’ DESIGN AWARDS fee and transaction fee whenever it occurs. You agree to accept A’ DESIGN AWARDS fee and transaction fee calculations. A’ DESIGN AWARDS fee and transaction fee calculation is made like this; hypothetical example: if you sell an item for 100 Euro, then A’ DESIGN AWARDS takes 20 euro as commission plus there is 0.5 Euro (50 cents) transaction fee, and you pay 20.5 euro to A’ DESIGN AWARDS as total fees. If you sell an item for 1 euro, A’ DESIGN AWARDS takes 0.2 Euro (20 cents) as A’ DESIGN AWARDS fee plus 0.5 Euro (50 cents) because there is a minimum 50 cents A’ DESIGN AWARDS fee per transaction and total of 0.7 Euro (70 cents) total fee. If you sell 100 items of 1 euro, as a single transaction you pay 20 Euro plus 0.5 Euro, total 20.5 Euro, but if you sell 100 items of 1 euro as 100 transactions, you pay 20 Euro commission plus 50 Euro as transaction fees to A’ DESIGN AWARDS because there is a minimum of 0.5 euro (50 cents) fee for each transaction, so a total of 70 Euros are paid. Given the nature of transaction fees, it is a good idea for you to impose limitations on order volume – such that for example asking Buyers to buy at least X amount of product before they could checkout, or you might also want to bundle the items together to have higher unit cost, or you might set a minimum quantity threshold when selling Items. In any case, it is your responsibility to understand the A’ DESIGN AWARDS fees for commissions and transaction fees to ensure selling item, products or projects in a profitable or desirable way.
140. Furthermore, it is important to note, Designer or Sellers cannot ask A’ DESIGN AWARDS pay to anyone including but not limited to third-parties or advertising and promotion channels, media or publications for advertising or promoting their products or services; if Designers or Sellers wish to direct more traffic and Users to their A’ DESIGN AWARDS storefront, to their A’ DESIGN AWARDS listings or to A’ DESIGN AWARDS in general, they will do so at their sole liability and they will assume all costs, fees and damages. We noted here damages, because if you buy fake traffic or engage in fraudulent activity to direct traffic such as clickjacking and others, these are illegal and you shall be responsible legally for all such actions and hold A’ DESIGN AWARDS from harm and assume all legal fees, penalties and similar costs due to your use of such services.
141. A’ DESIGN AWARDS will invoice the Sellers only, Buyers will not be invoiced by A’ DESIGN AWARDS. Sellers are obliged to invoice the Buyers for any products they sold to Buyers via A’ DESIGN AWARDS. A’ DESIGN AWARDS could invoice Buyers only under the case where the Buyers are buying not from A’ DESIGN AWARDS Sellers or A’ DESIGN AWARDS Members but directly from A’ DESIGN AWARDS such as specific services, products or designs provided by A’ DESIGN AWARDS itself as A’ DESIGN AWARDS Services, A’ DESIGN AWARDS Products, A’ DESIGN AWARDS Designs and A’ DESIGN AWARDS Experiences. A’ DESIGN AWARDS could but not obliged to create additional services such as premium benefits and offer new products or services for sale to Sellers or Buyers, if additional services or premium benefits are created, their fees shall be communicated to you in relevant pages where you might purchase such services. In the case that A’ DESIGN AWARDS is the direct Seller of a service or product to a Buyer, then of course, A’ DESIGN AWARDS is legally required to invoice the Buyer as A’ DESIGN AWARDS would fulfil the role of Seller. You must provide all necessary information so that an invoice could be issued correctly and lawfully.
142. RULES OF CONDUCT : You are obliged to act decent, kind and polite and with respect to laws and regulations, in a lawful and ethical manner.
143. PRESENTATION GUIDELINES : Products, services, designs, Content and information, images, text and any explanatory material must be first of all legal, lawful, reflect the truth and must further be socially appropriate and decent. Products, services, designs, Content and information, images, text and any explanatory material must be presented in a clean, understandable way. Content must be original. Content must be your own Intellectual Property. Photographs and images must not include any text. Images, visuals, Content, 3D data, motion graphics provided, uploaded or submitted must be high-resolution, high-fidelity. A’ DESIGN AWARDS reserves right to have further presentation guidelines or requirements for different types of services provided by A’ DESIGN AWARDS, with specific notes on technical details and additional requirements noted. A’ DESIGN AWARDS reserves right to update Presentation Guidelines at any time, without prior notice or permission from Users. A’ DESIGN AWARDS reserves the right to but not obliged to delete, remove, conceal, ban any Product, Service, Design, Content or Information that is not compliant with the Presentation Guidelines. A’ DESIGN AWARDS reserves the right to deplatform, ban, revoke access of, remove or deactivate access of Users who violate Presentation Guidelines, without any notice or obligation towards the Users. A’ DESIGN AWARDS can decide any Presentation Guideline violations at its sole discretion, and the decision shall be considered final.
144. We might but not obliged to ask you to provide a guarantor or warrantor who would guarantee or warrant your capacity to fulfil your obligations towards this agreement. You grant us a lien and security interest in all your accounts, banking accounts, reserve accounts, credit accounts, all card transactions current or in future, any rights to receive credits or payments under this Agreement, and all deposits and other property of yours possessed or maintained by us on your behalf. You understand, acknowledge and agree to execute, deliver, and pay any fees for any documents we are required to or we request to create, perfect, maintain and enforce our security interest.
145. If A’ DESIGN AWARDS withholds your funds for any reason, you agree that agree that you are not entitled to any interest or other compensation associated with A’ DESIGN AWARDS withholding your funds or money.
146. You give A’ DESIGN AWARDS complete permission to take and collect money or credits from Buyers on your behalf, and you let A’ DESIGN AWARDS withhold these funds until you fulfil orders, plus you agree to pay A’ DESIGN AWARDS for any commissions related to provision of A’ DESIGN AWARDS services as well as additional fees and costs that relate to processing payments or transactions, dispute processes, and any other fees that might occur due to or as a basis of your transaction, such fees include but not limited to any legal expenses, any expenses for debt collection and more as noted in various sections of this agreement.
147. You must ensure that the banking information, including but not limited to your credit cards, IBAN, SWIFT, BIC details, account holder information and other details are correct, current and valid; you are fully liable and responsible if we transfer or send you money based on the information you provided and if the money gets lost or not be returned to us in any case; if this happens we and you agree that the money we paid with hoping it would go to you shall be considered paid already.
148. We reserve the right to revise our Fees at any time.
149. You cannot ship, sell or distribute or list for sale, for which the expiry date is less than 72 days even if the item has not expired. You should not buy any items that might have expired, always consult with Sellers for items with expiry dates.
150. A’ DESIGN AWARDS is not liable to any User if a financial institution fails to honour any credit or debit to or from an Account. A’ DESIGN AWARDS is not liable for transactions failed to process. When you make a payment to A’ DESIGN AWARDS, including but not limited to wire-transfers or electronic money transfers, you need to be very specific for who you are and what you are paying for by indicating a “valid reference” so that we could match your payment to your account, “valid references” are (1) email address that you registered an account with us, (2) invoice numbers, (3) pro forma invoice numbers within last 30 days (4), special reference or order numbers provided to you by A’ DESIGN AWARDS, (5) A’ DESIGN AWARDS profile identification number or user account number, (6) transaction identification token or payment reference number. It is a good idea to include multiple “valid reference” as notes in transactions so that we could find out why the payment was sent easily. If you send us any money without giving us a “valid reference”, we reserve right to (A) Credit the amount you paid to any other account, person or profile at A’ DESIGN AWARDS. (B) Not fulfil your order, not credit your account or fulfil the order wrongfully by sending your order to third parties or entities and credit your account wrongfully. (C) Fulfil your order wrongly, by sending you a wrong item or provide you a wrong service or sending the item or providing service to the wrong person. (D) You agree, understand and acknowledge all the risks that relate to you not providing a “valid reference” when making a payment. You understand that you can lose your money, and not get any items, delivery, products or services in return. You agree and understand that you could have the wrong items, products or delivery or might not get anything at all. Crosschecking Fee : Furthermore, you also agree to pay to A’ DESIGN AWARDS or have your A’ DESIGN AWARDS account debited a 20 Euro (Twenty Euro) fee for searching your user account from the very little information provided in your payment. While we would, but not obliged to, assign a person to search and cross check for your addresses, businesses information and other things, you understand that we do not guarantee finding your account but even if we do not find your account you still agree to pay us an account crosschecking and search fee, plus the amount of search and crosschecking should be at the sole discretion of A’ DESIGN AWARDS. You agree to pay us any and all "Crosschecking Fee" that relates to your account. Furthermore, when making any payments, even if you make a “valid reference” for your account, in the causal you should indicate why you have sent the money; if you do not provide also detailed reference for why the payment was made, (such as by providing an invoice number or other notes that explains why the payment was made or explicitly the reason of payment such as in reference to an order number), then you understand and agree that we could just register any payment you made as payment towards account credits or gift cards. If you make a payment without having an account, you also explicitly agree to all A’ DESIGN AWARDS terms, agreements and conditions, and you also explicitly and legally delegate us to create an account on your behalf, but you also know and understand that we are not obliged to create an account on your behalf, and in any case you would be accepting all these terms and agreements when you make any payments. Furthermore, your obligations towards sellers or buyers would not be foregone and interest could still apply even if you paid the due fees or obligations but without providing us the necessary reference to apply or redirect such fees and funds to the relevant accounts.
151. FULFILMENT POLICY: Fulfilment Policy, which shall be considered as an addendum to this Agreement are as follows: Sellers shall use a trackable delivery service that provides a confirmation of delivery, and if possible, with signature requirement or insurance and Sellers shall provide A’ DESIGN AWARDS with a tracking code or reference number for the shipment of the goods, together with photos when possible. Sellers gives A’ DESIGN AWARDS permission to act as its agent in communicating with the shipping company regarding the notice of the delivery of the goods. In the event Sellers do not provide tracking codes or proof of shipment within seven (7) calendar days of notification from A’ DESIGN AWARDS notice to Seller to ship the items, Seller authorizes A’ DESIGN AWARDS to return the collected fees or amounts to Buyers, plus A’ DESIGN AWARDS can charge commissions or deduce credits for such unfulfilled orders. For goods or services that no shipment is required then no party hereto will have any obligation under this agreement with respect to shipping but there might be obligations in respect to delivery of digital goods; all digital goods shall be delivered within seven (7) calendar days of lawful notification from A’ DESIGN AWARDS notice to Seller to ship the items. Furthermore, when preparing shipments and packages, Sellers as well as Buyers (when returning any items) must use additional, protective packaging to ensure items could be returned undamaged, safe and clean.
152. Sellers as well as Buyers, who might be returning items must follow good shipping practices that include but not limited to making sure that; all items to be very carefully and gently packaged, all packaging containing required warnings and labels such as for child safety, suffocation warnings, material notices as well as shall contain recycling information. Fragile products might break during transportation or shipment, always package fragile items with multiple layers of bubble wraps and ensure there are no spaces in the box so that the item would not move within the box, you might consider using protective pro-packaging (packaging of packaging) to make sure there fragile items are protected from external factors, always cushion items with filling material whenever possible. Liquid items must have double seals, and should further be packaged in additional containers with required warnings and labels such as for child safety, suffocation warnings, material notices as well as shall contain recycling information. Any and loose packages must be put in bags or sealed whenever possible. Give very special attention to items that might have sharp edges, or those which could break and turn out to be dangerous; you will want to prevent sharp objects, fragile items including but not limited to razors, blades, glass pieces from harming recipients. When preparing packages, always use strong tapes and adhesives and close your boxes very good to ensure that box does not open during transportation. Remember to stick shipment information labels such as fragile, do not stack, keep dry, do not expose to sun or others. If you are sending multiple items, make sure you use cushioning and filling material between items so that items do not hit or damage each other during transportation. Products that are small should be included in larger bags to ensure that they do not get lost or damaged during transportation. Sellers might only charge additional packaging, package preparation or handling fees if such fees are already included in the final price. When you are sending back an item, you cannot ask costs for packaging material and shipment preparation and handling. It is good to remember that neither the Sellers who ship the original item nor the Buyers who return an item have no control over how long the item would be in transit, but you all control when an item is shipped and both sides shall include a tracking code and make proofs of delivery, preferably with photos. Duty fees, import taxes, tariffs and custom duties shall be paid by Buyers unless these fees are prepaid by Buyers in advance.
153. If you have a disagreement with a Designer, Buyer or Seller, and if you want to escalate such disagreement so that we might, but not obliged to, have a look at it, then you have a dispute. You understand and agree that we cannot resolve all Disputes. Disputes can happen when Designer, Seller or Buyer are not satisfied, but the disputes must have legal basis, just because a service, design or product does not make you happy does not give you a right to dispute it, however even if a design, service or products would make you happy, if it is illegal to sell the design, service or the product, if there were problems including but not limited to errors, omissions, missing parts, broken things, compatibility issues, defects, damages, safety concerns, counterfeit, wrongly communicated item conditions or details, products not being as described, item not coming, shipment not made within the expected and noted timeframes, services not provided, designs not sent, then in this case, you can have a dispute. When you have a Dispute, You can use A’ DESIGN AWARDS Support’s case system at https://competition.adesignaward.com/contact.html and A’ DESIGN AWARDS can, but not obliged to, mediate and resolve the dispute between parties, and A’ DESIGN AWARDS will have the sole discretion to determine the solution of a dispute or case. A’ DESIGN AWARDS can but not obliged to ask you to provide further proof, materials, shipment slips, photographs and more details to investigate the cases. For each dispute the A’ DESIGN AWARDS decision shall be considered final, and parties agree to not to seek further remedy outside of A’ DESIGN AWARDS, the remedy actions or amounts including but not limited to penalty fees, warnings, refunds, returns, reshipment, resupply or others is at the sole discretion of A’ DESIGN AWARDS and all parties agree in advance that they will be bound by the resolution and decision of A’ DESIGN AWARDS for each and every dispute. Just to be clear we remind that raising disputes against Sellers (or Buyers or Designers) does not automatically entitle the Buyer (or Seller or Designer) to a refund or replacement for the design, product or service purchased. A’ DESIGN AWARDS shall never be responsible for any direct or indirect losses, expenses, costs of any nature whatsoever that may be incurred by any dispute process.
154. We shall remind you that Designers and Sellers are solely responsible for any customization of their A’ DESIGN AWARDS shop, including description, graphics and information as well as any liabilities, risks, direct and indirect losses and opportunities associated with this customization process.
155. A’ DESIGN AWARDS could but not obliged to provide you software, hardware or tools to help you do business online or offline, we might require you to return, update, refund or pay for such tools, software or hardware. Especially, if we sent you something to help you do business or engage with A’ DESIGN AWARDS, we might ask such things to be returned back, or we could ask you to cease using such tools at our sole discretion, you agree to pay any return shipment fees and costs for items that we might call back or ask to be returned and you agree to cease using such tools upon request.
156. You acknowledge, understand and agree that A’ DESIGN AWARDS could but not obliged to create, issue, and or verify a digital footprint and identification for a User, which could be attached to electronic communications, electronic agreements, electronic document and notification e-mails, as if it is a “digital signature”. You understand, agree and assume to accept this digital signature is a valid “electronic signature”.
157. A’ DESIGN AWARDS does not assume any liability for the designs, products or services purchased using our platform. A’ DESIGN AWARDS does not state that the designs, products or services made available or purchased through A’ DESIGN AWARDS are fit for any purpose.
158. We would like to remind you that We are not selling any designs, services or products to you when you buy from other A’ DESIGN AWARDS Members or Users; other A’ DESIGN AWARDS members or Users are selling to you even if A’ DESIGN AWARDS might help with the transaction (such as collecting the payment on behalf of the seller), we shall not be considered a legal party to your transaction disputes, especially with other A’ DESIGN AWARDS members or Users.
159. From time to time, A’ DESIGN AWARDS can send you tips and Content including but not limited to, for selling, buying, how to spend your money, how to choose products, such as reports, documents, whitepapers, publicity, promotions, campaigns, coupons, purple-papers, blueprints, schematics, code, pseudo-code and other information Content; any such tips and Content shall be considered confidential; you can read them, understand and apply them, but you cannot republish or repost them, you are prohibited to share them with third parties or publish them, unless otherwise explicitly stated within the tip or Content, and even if you share, publish or make public such Content, you must acknowledge and assume full liability for using and making public such Content, you must provide the necessary disclosures required by law, and you must withhold A’ DESIGN AWARDS including but not limited to any fees, damages, legal costs, costs of any kind, that might relate to you or result from you publishing the Content.
160. While shopping on A’ DESIGN AWARDS, algorithms may increase or decrease the prices of items in your shopping cart, furthermore savings or discounts applied to items in your cart might also be modified. In addition, the prices of items in your cart could be updated under many conditions; including but not limited to cases for example if you added an item to your shopping cart but then if the seller of the item increased or decreased the price of the item before you checkout and pay for the item, or in a case where a merchant has disabled or enabled a discount for a product you were going to check out etc. Likewise, many other things including but not limited to your profile and account details, your demographic information, currency rate fluctuations, availability and or item stock levels could affect dynamic pricing.
161. Price changes, product information updates and product image changes are not instant and can take time. Sometimes such changes could take really long time due to caching mechanisms. During that time, there is a possibility that a Buyer purchases the product with wrong information or unintended prices. A’ DESIGN AWARDS is not obliged to but could take into consideration such issues for cases and disputes. Both Buyers and Sellers agree that there is this inherent possibility of information not being updated due to the time required for the changes to reflect in the platform. Some changes can really take a long time; updates can take long time because some of our databases, pages and information is cached; cached Content are pre-build, pre-calculated and pre-generated information that are static instead of being dynamically calculated or generated each time to save energy or computing resources.
162. In case of pricing errors, or if products are out of stock or if the seller is unable to fulfil the orders, A’ DESIGN AWARDS reserves right to cancel any orders including but not limited to confirmed, processed and paid orders at any time without any obligation to you. Orders can also be partially cancelled in such conditions. Your sole remedy in these situations, as a buyer would be a refund to your credit card or payment method and we further reserve the right to add such credits balance to your account balance at A’ DESIGN AWARDS. If you are the Seller, you might still be charged with the commission fees and transaction fees even if the order is cancelled. A’ DESIGN AWARDS also reserves right to, but not obliged to, not to cancel your out of stock or unfulfillable order if there are other sellers at A’ DESIGN AWARDS who would agree to fulfil the order instead, without asking to you for prior confirmation.
163. A’ DESIGN AWARDS reserves the right to, but not obliged to, limit the quantity of items purchased per user, internet protocol (IP) address, person, account, credit card, billing address, shipping address, household, institution or company or group of companies for any reason, without any obligations to you.
164. There could be certain products flagged at A’ DESIGN AWARDS as not for resale; such items cannot be bought with the sole intention to resell them to third parties. A’ DESIGN AWARDS reserves the right to, but not obliged to, prohibit or limit sales of such items, but our right to, but not obligation to, prohibit or limit sale of items applies to all items and inventory at A’ DESIGN AWARDS.
165. A’ DESIGN AWARDS is not a doctor, A’ DESIGN AWARDS is not a health specialist, A’ DESIGN AWARDS is not a health institution, A’ DESIGN AWARDS is not a hospital, A’ DESIGN AWARDS is not a pharmacy; always consult your doctor or the relevant health and medical authorities if you are buying any products, including but not limited to drugs, medical items, drinks or food with any potential, alleged or actual beneficial qualities, as a remedy, as a medicine, as a treatment, for fitness, for health, for wellness etc. Information displayed at A’ DESIGN AWARDS is not enough to buy any such items, including but not limited to, items that relate to or used for medical, wellness, fitness, health, prescription, pharmaceutics, diagnosis and other purposes. You agree, acknowledge and assume all responsibility and liability when purchasing such products and you also legally declare and agree to withhold A’ DESIGN AWARDS from including but not limited to, any obligations, fees, fines, damages, sickness, material and moral damages, direct and indirect losses, medical conditions, side effects or death that might be caused. If you don’t feel good, always consult a doctor before taking or purchasing any mediation. You agree and understand that A’ DESIGN AWARDS will not cover Your health costs, medical bills, lost-opportunities, damages or fees you incur due to your medical condition or health status, even if such damages, fees, costs or bills arise due to your interaction with A’ DESIGN AWARDS. A’ DESIGN AWARDS Does Not Provide Medical Advice. The Contents of A’ DESIGN AWARDS, such as text, graphics, visuals, videos, images, information obtained or provided by third parties, such as Sellers or Buyers as well as from A’ DESIGN AWARDS's licensors, and other material contained on the A’ DESIGN AWARDS are for informational purposes only. The A’ DESIGN AWARDS Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician, family doctor, medical specialist or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on A’ DESIGN AWARDS. Always consult your physician, family doctor, assigned medical expert or equivalent medical and health authority in your country before taking any health-related decisions. A’ DESIGN AWARDS does not endorse or recommend any specific products, procedures, opinions, ingredients, or services that might appear at our side.
166. We remind you once again; many products can potentially kill you, even the simplest products, can cause death to infants, toddlers, children or kids. Never leave infants, toddlers, children or kids unattended with any product you purchased from A’ DESIGN AWARDS, always provide adult supervision even when playing with toys and products that were originally intended for children or babies. You are responsible for all products and services you buy, and you are responsible for affects of all products and services you buy or consume, and you agree and acknowledge to assume full liability for your purchase or use of any designs, products or services, and you further agree to hold A’ DESIGN AWARDS free from, including but not limited, to any liabilities, damages, obligations, material and moral damages, direct and indirect losses, fees or fines that might relate to any death, sickness, medical condition or undesired situation that might be caused by a design, product or service you buy or use.
167. You cannot create product or service listings without the intention of actually selling them via A’ DESIGN AWARDS; this includes but not limited to adding blatantly overpriced products (for example when you add overpriced products, this creates an incentive for buyers to search for, find and purchase the product at shops that sell the product cheaper, such as from your own shop or any other seller you are affiliated with), or adding products with the purpose of advertising your brand, company or entity, or adding products that you knew or feel you could not sell or provide, or adding test products and marking them for sale, you agree that it will be at the sole discretion of A’ DESIGN AWARDS to decide whether you added a product without the intention of not selling them, and you also agree that you will pay A’ DESIGN AWARDS advertising fees calculated based on number of times your products were displayed times the base cost of promoting a similar item, to be defined at the sole discretion of A’ DESIGN AWARDS and by A’ DESIGN AWARDS.
168. If you try to hack A’ DESIGN AWARDS, or take actions that could be considered cybercrime or cyberattack or denial of service attack, hacking, security scanning, mirroring, reverse engineering, preventive mechanism bypassing, scraping, exploiting and others, not following web robot instructions, you agree to and give A’ DESIGN AWARDS your permanent consent and authorization for, immediately and without notice to you, including but not limited to search for, ping, check against black lists or white lists, access and query your information, to identify you, to report you to authorities, to take preventive and preemptive actions against you, to collect information about you, to access or retrieve information from including but not limited to any domains or websites that you or your affiliates own, operate, or control, through any engine, platform, software, applications, tools, agents, devices, or mechanisms, using any tools or people, including automated software, anti-cybercrime teams, security vulnerability or scanning software, crawlers, spiders, robots and other data mining tools even if you have not authorized and indicated not use of such methods or tools in your or your domain’s terms and agreements or robot guidelines. In addition to permitting us a right to find you, you also give us all the rights to label and publicly announce you as a cybercriminal if you engage in any sneaky behavior. You assume full responsibility and liability in respect to this, and you agree to withhold A’ DESIGN AWARDS from including but not limited to, any damages, fees, any material and moral damages, direct or indirect losses, obligations, fines or legal responsibilities.
169. In A’ DESIGN AWARDS terms and agreements, information could be repetitive, there could be for example further indemnity, liability or further points, terms, articles or provisions related to each points, terms, articles or provisions in the agreements, you are responsible fully to follow all such terms. In case, if there are two terms that might be contradicting, you agree that the terms that favor and benefit A’ DESIGN AWARDS most shall be in effect and considered, in any condition.
170. There could be Content, designs, services or products at A’ DESIGN AWARDS that might be harmful to children, toddlers or kids, please report all such Content and also just in case use parental control mechanism and protections, at your sole discretion, to protect your children, kids and underage people from accessing such Content. Furthermore, never let kids, children or underage people from using your account not only for inappropriate Content but also you are actually legally bound not to let others use your account.
171. You understand, acknowledge and agree that A’ DESIGN AWARDS shall not be responsible and should not be held liable or accountable for, including but not limited to any misconduct, defamatory, offensive, criminal, illegal, unlawful or rude conduct of any Designer, Buyer, Seller or User of A’ DESIGN AWARDS.
172. A’ DESIGN AWARDS reserves the right to delete, demote, hide, conceal or quarantine one or more of your designs, services or products, and also throttle traffic or invoke other necessary techniques to protect its interest. A’ DESIGN AWARDS is granted right to choose not to display some of your designs, products or services to any specific subset of website visitors at its sole discretion. You understand and acknowledge that A’ DESIGN AWARDS can be selective for promoting, highlighting and featuring designs, products or services to feature at its sole discretion without any obligations to you and without asking your consent.
173. In the normal course of business, it may be necessary for A’ DESIGN AWARDS to migrate servers or change database centers, you give us right to freely move your information across locations, cities, countries, continents, planets and galaxies.
174. A’ DESIGN AWARDS shall have no liability to You or any other person for loss, damage or destruction of any of Your Content. You are solely responsible for the backup of Your Content, including but not limited to any and all information you provide to A’ DESIGN AWARDS.
175. A’ DESIGN AWARDS might potentially pre-screen but not obliged to pre-screen Your Content and A’ DESIGN AWARDS shall have no duty or obligation to monitor Your Content; you are solely responsible for your Content. In any case, we might check, but not obliged to check, your Content especially if your Content is reported; reported or not reported, you grant us a right to check and screen and of your Content and information, including Content and information that is private or that you have especially hidden or that you have especially indicated not to be public; we can check any data you type, put, enter or submit to A’ DESIGN AWARDS and you give us a full permission to do so.
176. A’ DESIGN AWARDS is not your accountant, please consult to tax authorities for calculating the right tax you should be charging to buyers. We recommend you to consult to your accountant or tax authority to accurate tax amount and determining the accurate tax type you should be asking from the buyers. You understand and agree that you shall be responsible for hiring an accountant yourself and that the A’ DESIGN AWARDS will not pay or cover your accounting fees or costs.
177. If you have any mental condition that might cause you to impulse buy products, binge buy or buy uncontrollably, you should not use A’ DESIGN AWARDS; you are responsible for all orders and purchases and will be fully liable to pay for them. If you have any mental condition or lack of mental capacity that creates difficulties in understanding these terms and conditions, you should really not use A’ DESIGN AWARDS; you are not permitted to use A’ DESIGN AWARDS without fully understanding, following, acting in accordance to, agreeing to and acknowledging A’ DESIGN AWARDS terms and conditions. If a person without the required full legal capacity uses A’ DESIGN AWARDS, then, the legal representative or legal guardian of that person shall be fully responsible for the actions of that user.
178. If you have any bespoke requests from A’ DESIGN AWARDS that are not defined a set price of, or if you request any service that is not provided automatically or that are not accessible from user control panels, you agree to pay A’ DESIGN AWARDS for any costs plus a profit margin, involving to fulfilment, provision or any efforts we put towards for your bespoke requests, with fees to be determined at the sole discretion of A’ DESIGN AWARDS. A’ DESIGN AWARDS is not obliged to fulfill any bespoke requests that is not already defined or accessible in your control panels or user functionality, but if we fulfill them, we will charge you, at any fee we see fit. It might be a good idea to ask how much such fees would be before requesting something we do not provide under normal conditions, to avoid fees that you might not be able to refuse later. You agree to pay any fees that might arise due to your bespoke requests; remember all obligations to pay Fees are non-cancelable and all payments are non-refundable and you must make all payments without setoffs, withholdings or deductions of any kind, at the expected timeframes indicated by A’ DESIGN AWARDS.
179. You will owe A’ DESIGN AWARDS an interest penalty of five percent (5%) per month on any outstanding balance under each delinquent invoice. If the maximum interest penalty permitted by law is less than five percent (5%) then you pay the maximum amount permitted by law. A’ DESIGN AWARDS reserves the right but not the obligation to cancel or reduce interest penalties at its sole discretion. A’ DESIGN AWARDS shall also be entitled to recover any fees or legal expenses for taking or extracting the money from you that you owe to A’ DESIGN AWARDS; you hereby agree to pay any cost we might experience for taking your money that you owe to A’ DESIGN AWARDS, including but not limited to attorneys’ fees, legal expenses, payments to experts or witness fees, expenses on appeal, communication costs, manhour costs for collections and others.
180. We would like to remind you that We are not selling you A’ DESIGN AWARDS. We are selling you a license that we could revoke at any time, to use A’ DESIGN AWARDS, with respect to and within scope of these Terms and Agreements. We reserve all rights to A’ DESIGN AWARDS. You will not have any rights or interest over A’ DESIGN AWARDS.
181. 42 minutes policy; when you make an order, make a payment or complete a transaction it is considered final, however we might, but not obliged to, at our sole discretion, potentially let you cancel certain orders or transactions within forty-two (42) minutes of purchase, with no questions asked.
182. You grant A’ DESIGN AWARDS the full rights to advertise, publicize and promote your listings, products, designs and services, at A’ DESIGN AWARDS and any other media in any manner or form deemed fit by A’ DESIGN AWARDS without any obligations or liability of A’ DESIGN AWARDS.
183. If you are selling at A’ DESIGN AWARDS, we want to remind you that not only we would terminate your account but we will also reserve the right to not to pay you any and all due fees, payments or credits we would otherwise owe to you, if we think that you might be involved with modern day slavery. For us, modern-day slavery is when any of the following conditions are met or happening including but not limited to when employment is not freely chosen, when child labor is used, when living wages are not paid, when your working conditions are not safe or hygienic, when your workers are treated in a harsh or inhumane way, when discrimination and fascism is practiced, and when people are simply treated as slaves; we do not want to associate with you. Within this context, sex slavery, sex offenses, prostitution, animal rights, personality rights, selling of lifetime labor and similar should of course considered within the modern-day slavery topics. If your involvement with modern-day slavery is featured on the news in reputable publications or if this becomes a trending topic in social networks or if it is a widely spread gossip in your industry and if we hear this about you, you give and waive your rights to any obligations we might have for you including and not limited to any and all due fees, payments, funds, credits and money we would otherwise owe you and you understand and agree that your account would be closed without any obligations to you.
184. A’ DESIGN AWARDS gift cards cannot be used to purchase A’ DESIGN AWARDS gift cards. A’ DESIGN AWARDS gift cards may only be redeemed toward the purchase of eligible products at A’ DESIGN AWARDS and not at any other website owned and operated by us, our affiliates, or any other person or entity, except as indicated by these terms and conditions. A’ DESIGN AWARDS Gift cards cannot be exchanged for cash or credit. Except to the extent required or permitted by law, A’ DESIGN AWARDS gift cards cannot be reloaded, resold, transferred for value or redeemed for cash. A’ DESIGN AWARDS gift card balances, used or not used, may not be transferred to another account. If you return a product that was paid for by gift card, the gift card will not be re-credited with the appropriate amount, instead you will get A’ DESIGN AWARDS Credits. If the value of items purchased using A’ DESIGN AWARDS gift card is less than the total value of the gift card, remaining amount will be registered as A’ DESIGN AWARDS Credits which could potentially be spent on a future order, however we remind that A’ DESIGN AWARDS Credits could expire after a period of time. If your A’ DESIGN AWARDS Gift Card is stolen, please contact us as early as possible so that we could cancel the card and add its value as A’ DESIGN AWARDS Credits to your account. However, if the stolen gift card is already used for purchases, you will be responsible; The risk of loss and title for A’ DESIGN AWARDS gift cards pass to the purchaser upon our electronic transmission of the A’ DESIGN AWARDS gift card to the purchaser or designated recipient, or our delivery of the A’ DESIGN AWARDS gift card to the carrier, whichever is applicable. We are not responsible if any A’ DESIGN AWARDS gift card is lost, stolen, destroyed or used without your permission. We reserve the right to close accounts and bill alternative forms of payment if a fraudulently obtained A’ DESIGN AWARDS gift card is redeemed and/or used to make purchases on A’ DESIGN AWARDS.
185. All products displayed on A’ DESIGN AWARDS are subject to availability.
186. Within the scope of this agreement, when we talk about Intellectual Properties, we would like to remind it covers industrial property and copyrights, patents, as well as any intellectual creation and ideation.
187. No Personal Liability: In no event shall any direct or indirect shareholder, member, partner, other beneficial owner, director, officer, employee, agent, attorney, consultant, servicer, trustee, or advisor (including any operating advisor) of A’ DESIGN AWARDS or of A’ DESIGN AWARDS supplies be personally liable for any obligations of A’ DESIGN AWARDS under this Agreement.
188. The risk in the goods will pass to the Buyer on delivery.
189. Notwithstanding the binding arbitration, dispute resolution, mediation clause and negotiation procedures noted in this agreement, A’ DESIGN AWARDS reserves the right to take legal action, to seek injunctive relief or court order against any A’ DESIGN AWARDS Members and A’ DESIGN AWARDS users who could allegedly or actually create or already created any potential to cause any and all damages, including without limitation all costs, fees, penalties, claims, demands, actions, proceedings, costs, expenses, direct or indirect, consequential or non-consequential, incidental or non-incidental, actual, legal, special, punitive, extraordinary, exemplary or any other damages, civil or legal issues or any sort of problems or issues for A’ DESIGN AWARDS, A’ DESIGN AWARDS staff, A’ DESIGN AWARDS owners or other A’ DESIGN AWARDS Members.
190. Despite commercially reasonable efforts, it is always possible that some of the Products on A’ DESIGN AWARDS may be incorrectly labeled, incorrectly Priced or their available quantities may be incorrectly displayed. Buyers are obliged to lookout for mispricing; if the Price of a Product seems too good to be true, it is most likely not the correct Price, and most likely a pricing error. A’ DESIGN AWARDS staff, relevant third parties or Sellers might potentially check correct Product Prices, labeling or real available quantities as part of their dispatch procedures. If a Product is incorrectly labeled, A’ DESIGN AWARDS and or Sellers have right to cancel the order. If a Product is incorrectly Priced, A’ DESIGN AWARDS and or Sellers reserve the right to but not legally obliged to cancel the order. If Product was incorrectly Priced by means of a lower price being displayed at A’ DESIGN AWARDS than its actual intended price by the Seller, A’ DESIGN AWARDS and or Sellers reserve the right to cancel the order. If Product was incorrectly priced such that a higher price being displayed at A’ DESIGN AWARDS than its actual intended price by the Seller, then A’ DESIGN AWARDS and or Sellers might proceed with dispatch and complete the order without reimbursing the difference, or at the sole discretion of A’ DESIGN AWARDS and or the Sellers, the order might be cancelled. If the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a Buyer, as mispricing, A’ DESIGN AWARDS or the Seller do not have to provide the Products to you at the incorrect or lower price.
191. When and if you purchase or activate a Subscription-Based Product or Service from or at A’ DESIGN AWARDS, A’ DESIGN AWARDS reserves the right to monitor and enforce subscription plan limits and restrictions, including, but not limited to, the right to charge for overages and overuse. A’ DESIGN AWARDS however does not guarantee that A’ DESIGN AWARDS will be enforcing or monitoring overages or overuses if you sell a Subscription-Based Product or Service at A’ DESIGN AWARDS.
192. If you do not notify A’ DESIGN AWARDS of updates to your banking details, payment methods, or credit card information to avoid interruption of your service or subscriptions, A’ DESIGN AWARDS may participate in programs supported by your bank, payments processor, or credit card provider to try to update your payment information. You authorize A’ DESIGN AWARDS to continue billing your account with the updated information that we obtain.
193. A’ DESIGN AWARDS administrators may access and see all your Content and Designer, Seller or Buyer Profile and Details, even non-public information including but not limited to your Personal Details, Purchase History, Banking Information, Unlisted Products, Uploaded Designs, Personally Identifying Data and any other type of information, Content or data, at any time, without informing you, for any purpose including but not limited for security audits, security monitoring, pre-emptive security monitoring, marketing campaign targeting and more.
194. You must not engage in Unfair Competition and Unfair Business Practices, directly or indirectly, including but not limited to (A) Spreading of false information about the quality or characteristics of a competitor's products (Trade Libel), (B) Taking actions that attempts to force your competitors out of the Market or prevent others from entering the Market (Antitrust) (C) Impersonification, trademark infringement, faking or passing off, to deceive consumers into thinking that they are buying the Product of a competitor. (D) Misappropriation of trade secrets through espionage, bribery, hacking, or outright theft to obtain economically advantageous information in the possession of other Sellers, (E) Causing or intending to cause damages to other Sellers' contractual or business relationships (Tortious Interference), (F) False or deceptive advertising of Products (Deceit).
195. You cannot sell, assign or otherwise transfer your A’ DESIGN AWARDS account to third-parties.
196. You are not permitted to create multiple accounts or alternative accounts; each legal entity must have only one A’ DESIGN AWARDS account. You are strictly forbidden to share, rent, lease, sell, transfer, assign, sublicense or give away your A’ DESIGN AWARDS account.
197. A’ DESIGN AWARDS reserves its right to not to accept, block, remove, ban or forbid any Designs, Products, Services or Experiences, at its sole discretion, at any time, without giving any notice or without providing reason why, for any reason, as many times as A’ DESIGN AWARDS sees fit, without any obligations to Sellers, Buyers, Designers, A’ DESIGN AWARDS Members or any third-parties.
198. You declare and acknowledge that you will be able to pay any and all amounts that arise due to your interaction with A’ DESIGN AWARDS including but not limited to amounts you might be obliged to pay when You, including but not limited to; buy, order, request, pre-order, rent, book, hire, lease, including but not limited to; products, services, designs, workforce, properties and do any sort of interaction, business or trade. You further declare and acknowledge that you will be able to pay any and all damages, including without limitation all costs, fees, penalties, claims, demands, actions, proceedings, costs, expenses, direct or indirect, consequential or non-consequential, incidental or non-incidental, actual, legal, special, punitive, extraordinary, exemplary or any other damages to A’ DESIGN AWARDS, A’ DESIGN AWARDS Members, or any third-parties due to your involvement or interaction with A’ DESIGN AWARDS, including but not limited to merely being an A’ DESIGN AWARDS Member, creating an A’ DESIGN AWARDS account, uploading or providing any sort of design, Content, data or information to A’ DESIGN AWARDS. You also declare that you are authorized to make national or international money transfers to A’ DESIGN AWARDS.
199. If you want the invoice to be made on behalf of any other entity; that is; if you indicate another entity as the Invoice-Recipient other than yourself, You hereby declare and accept and assume all responsibility and liability for such action; including but not limited to any and all damages, including without limitation all costs, fees, penalties, claims, demands, actions, proceedings, costs, expenses, direct or indirect, consequential or non-consequential, incidental or non-incidental, actual, legal, special, punitive, extraordinary, exemplary or any other damages that might arise due to you giving other Invoice details, to yourself, to the entity that you requested invoice for, to A’ DESIGN AWARDS, A’ DESIGN AWARDS staff, A’ DESIGN AWARDS Members or any third-parties; you especially understand, acknowledge and assume full liability regarding requesting invoice on behalf of other entities, you declare and warrant that the invoice-recipient-entity that you declared unobjectively accepts, has knowledge of, and understands the legal consequences of such action, including but not limited to any issues that might arise with tax authorities. A’ DESIGN AWARDS reserves its right to report and notify such arrangement to tax authorities, without any obligations towards you and without requesting your permission or informing you. Furthermore, the fact that you provided another entity as the Invoice recipient does not change the fact that You, yourself is responsible for making any and all payments as regular, as well as You, yourself responsible for any and all damages, including without limitation all costs, fees, penalties, claims, demands, actions, proceedings, costs, expenses, direct or indirect, consequential or non-consequential, incidental or non-incidental, actual, legal, special, punitive, extraordinary, exemplary or any other damages, to A’ DESIGN AWARDS, A’ DESIGN AWARDS staff, A’ DESIGN AWARDS Members or third-parties.
200. In respect to your A’ DESIGN AWARDS Account; regardless of who made the order, covered the cost, or paid for the fees, including but not limited to cases when the cost of a product, service, design, property and other value was paid for or covered by a third-party entity; including but not limited to cases where you were provided gift-cards, waivers, tickets or any other token, key or thing that could replace the usage of actual money for paying, covering costs for products, services, designs, properties or other valuables; in the end, You, Yourself as the A’ DESIGN AWARDS Member (Regardless of being a Seller, Buyer or Designer), is responsible and liable for everything, including but not limited to any and all damages, including without limitation all costs, fees, penalties, claims, demands, actions, proceedings, costs, expenses, direct or indirect, consequential or non-consequential, incidental or non-incidental, actual, legal, special, punitive, extraordinary, exemplary or any other damages, to yourself, A’ DESIGN AWARDS, A’ DESIGN AWARDS Members, A’ DESIGN AWARDS Staff or to third-parties for any issue, including but not limited, due to You, Your Content, Your interaction with A’ DESIGN AWARDS or Your non-interaction with A’ DESIGN AWARDS.
201. Any entity or person who is not a Party to this Agreement has no rights to enforce any clause, obligation, stipulation, terms, responsibility or condition of this Agreement. The User is its own principal and not a representative and not an agent of A’ DESIGN AWARDS. Users, Buyers, Sellers, Designers, A’ DESIGN AWARDS Members are not permitted to enter into any agreements, undertake or incur any liabilities on behalf of A’ DESIGN AWARDS and are not given any authority or permission to act or take action on behalf of or representing A’ DESIGN AWARDS.
202. You specifically grant permission for A’ DESIGN AWARDS to upload your personally identifying data, without your prior consent, and without your explicit permission, and without limitation, including but not limited to Email, Phone Number, Mobile Number, Internet Address, First Name, Last Name, Physical Address, ZIP/Postal Code, City, State/Province, Country, Date of Birth, Year of Birth, Gender, Age, Purchase History and others to third-party entities including but not limited to advertising platforms, social networks and marketing companies in order to specifically be able to target you for AZIATO advertising, promotion and marketing.
203. If you do not make any transactions or sales in a period of six (6) consecutive months, and if you have a positive account balance (“Statis Period”), then A’ DESIGN AWARDS reserves the right to, but not legally obliged to, charge your account for (“Statis Fee”). Statis Fee is calculated as one fourth (1/4) of the value of your Account Balance at the end of the Statis Period. Statis Fee will be applied to your Account Balance monthly until the Account Balance is zero or below zero.
204. A’ DESIGN AWARDS TERMS FOR AWARDS, CONTESTS, PRIZES, ACCOLADES, EVENTS AND COMPETITIONS : If you participate in any awards, competitions, contests, accolades or prize programs organized, sponsored or initiated by A’ DESIGN AWARDS you become an “Entrant” (“Participant”) who is entering a “Work” (any type of Content, Design, Data, Intellectual Property) and further agree to the following terms: (1) You grant A’ DESIGN AWARDS an irrevocable, perpetual, unlimited, non-exclusive, royalty-free, transferable, fully sublicensable, worldwide license that permits the followings conditions (A) A’ DESIGN AWARDS is not required to seek permission or request approval or let alone inform you to publicly display, promote, broadcast, print, advertise, distribute, showcase your work in any way, in any medium at any media, including but not limited to exhibitions, events, tradeshows, trade fairs, meetings, magazines, editorials, journals, billboards, advertisements, books, almanacs, yearbooks, catalogs, periodical publications, digital or non-digital publications, online platforms, online sales channels, leaflets, advertising pamphlets, scientific journals, client lists, rankings, lists, news, multimedia, publicity documents, whitepapers, presentations, internet publications, blogs, case-studies, internet media, internet magazines, computer networks, cable networks, podcasts, webcasts, television, film, video, movies, cinema, theatre, virtual reality, digital or analog broadcasting, radio, websites, webpages, digital files, immersive experience, and more, without any limits and restrictions on the size or quality of audience. (B) A’ DESIGN AWARDS is further granted right to copy, realize, make duplicates of, replicate, repair, manufacture and distribute copies of your Work, without restrictions or limitations to including but not limited to the methods and form of such actions, without informing You, without any obligations to You and or without requesting permission from You. We can do everything with respect to promoting, publishing, advertising, featuring and publicizing your Work, at our sole discretion, without any obligations or liabilities to you, without informing you in advance or informing you at all, without seeking your permission, at any medium, at any time, at any country, at any possibility, to any audience in any way. We could, for example, including but not limited to, print your Work in a Book, publish it, sell it, and not pay you any fees; we could showcase your work in any exhibition anywhere, make prototypes or copies of your work to display and we could sell such prototypes or your exhibition posters, without renumeration to you. We could showcase your work in different websites, we could make a press release about your work and we could print advertising merchandise with your work, we could upload your Work to other websites or platforms and more. (C) A’ DESIGN AWARDS is further granted right to assign, cancel, compromise, conceal, delete, demote, derogate, destroy, dilute, discard, dispose, hide, keep hostage, license out, mortgage, recycle, remove, sell, store, withhold your Work, for any reason, at any time, at our sole discretion. (2) You grant A’ DESIGN AWARDS an irrevocable, perpetual, unlimited, non-exclusive, royalty-free, transferable, fully sublicensable, worldwide license that permits A’ DESIGN AWARDS to use your Content, logo, images, personal image, photographs, videos, likeness, character, your catchphrases, your alias, your name, your brand name, your trademarks in any medium, at any place, at any time for the intend of promoting You, Your Work or A’ DESIGN AWARDS, regardless whether this promotion, in the end, turns out to be beneficial, natural or harmful to You, Your Work or A’ DESIGN AWARDS, without any obligations or liabilities towards you or any third-parties. You promise to hold A’ DESIGN AWARDS harmless from any and all damages, including without limitation all costs, fees, penalties, claims, demands, actions, proceedings, costs, expenses, direct or indirect, consequential or non-consequential, incidental or non-incidental, actual, legal, special, punitive, extraordinary, exemplary or any other damages, in relation to using Your personal image, Your proprietary rights and Your intellectual properties. This is especially for, including but not limited to promoting your Work with respect to your name, brand name, photos, videos and similar but it could also be for promoting your Name, your Brand Name or promoting A’ DESIGN AWARDS and its affiliates using your Name for example. (3) The licenses You provide survives the termination or expiration of this agreement. This is especially considering the fact that A’ DESIGN AWARDS could already have taken actions based on your license, including but not limited to promoting your Work, publishing your Work or making your work Publicly known or displayed. (4) Some events, competitions, awards, prizes, contests, exhibitions or services might require a participation fee, while we would in most cases ask Entrants to pay an Entry Fee, in some cases we could present these services for free or we could make it free to participate, yet however in both following cases; whether the participation was not free but you did not pay, or if the participation was free and therefore you did not pay; in both these cases the mere fact that you did not pay your participation fees does not free you from this contract and your liabilities from these terms; the contract is formed the moment you registered for, uploaded or entered a work regardless of cases including but not limited to You nominating a work, you winning an award, you getting a preliminary evaluation or preliminary score or if You were merely testing the platform. (5) Entries and Entrants must be in compliance with any Participation Guidelines and or Presentation Guidelines. (6) A’ DESIGN AWARDS is not obliged to verify the accuracy of your claims or verify the accuracy of information provided by Entrants; Entrants make an affidavit that the information they provide are the sole and objective truth. (7) A’ DESIGN AWARDS can evaluate the Entrant’s Work or Entrant for award, competition, contest, event participation or prize consideration at its sole discretion at its sole criteria at its own terms. (8) A’ DESIGN AWARDS reserves right to disqualify any Entrants or Works from any award, competition, contest, prize or event. A’ DESIGN AWARDS can disqualify any work at its sole discretion, without any obligations towards the creators, entrants or owners of the disqualified work. Especially if we receive a dispute or claim against your work, we reserve right to disqualify your work post or pre results, at our sole discretion, without consulting you or without informing you. If we choose to disqualify your work due to a claim or dispute, we could further charge you for forced disqualification. The forced disqualification fine will be determined by our sole discretion, we would most likely but not legally obliged to, set the forced disqualification fine based on additional costs that disqualifying your entry could result for us; including but not limited to our prestige loss, eventual costs for reprinting or re-preparing yearbooks, removing your works from exhibition, contacting press members not to publish your designs, updating database entries, remaking results pages and similar. If we choose to disqualify your work, we are not obliged to provide you any reimbursements. If we choose to disqualify any one of your works, we reserve the right to disqualify your all other works, as a pre-emptive measure to protect our interests. Furthermore, we reserve right to move your work to a concealed category if we choose not to disqualify your work, in case of a dispute or claim against your work. The only way for us to revert disqualification status for a disqualified work is for you to take legal action against and sue the entity that had contacted us and reported your work; if you win a legal case against such entity, then we will ask you to provide a legal proof and court documents, and we will at our sole discretion decide whether to revert disqualification status or not. We can charge you additional fees to inspect any legal documents you might submit to verify the case if we choose to review your case. There will further be a disqualification reversal fee that we could charge, which you agree upfront, if you ask us to revert a disqualification. (9) Entrants are liable for providing information regarding their Work. Such information shall be submitted online, following, with respect to and in compliance with any available Submission Guidelines, Editorial Guidelines, Presentation Guidelines, Content Guidelines and any other guidelines or requirements. (10) Each event, competition, contest, award or prize may have a specific deadline, A’ DESIGN AWARDS is entitled to extend, postpone or bring earlier such deadlines without any obligations to you, at its sole discretion. (11) Voting, judging, scoring or evaluation of Works are done by A’ DESIGN AWARDS at its sole discretion. The decision of A’ DESIGN AWARDS regarding voting, scoring, judging or evaluation of your Work is final and indisputable. (12) Works shall be nominated or entered before the deadlines and during periods where submissions or nominations or participations are open. A’ DESIGN AWARDS can close or block submissions at any time. A’ DESIGN AWARDS will evaluate, judge, score, rank, manage, organize, disseminate and vote works at its sole discretion, at any timing appropriate for A’ DESIGN AWARDS. A’ DESIGN AWARDS, A’ DESIGN AWARDS Jury, A’ DESIGN AWARDS Jury Panel, Award Jury, Competition Judges or Preliminary Jury and Award Panel are not required to including but not limited to; justify their selections, explain their judging procedures, reveal standards or criteria, explain their decisions or results, under any condition. You understand and acknowledge that this will be the case. You will not contact or harass any jury member for any questions regarding neither your entries nor other works. (12.5) Certain applications are not accepted and they can be automatically disqualified without their entry fees refunded, some examples are listed but the A’ DESIGN AWARDS reserve the right to extend this list at its sole discretion and reject any sort of entry that is considered within following categories or contexts: (12.5.1) Weapons of any sorts. (12.5.2). Weapons for Hunting Animals with exception to very small accessories or support tools that do not harm the animals directly such as fishing strings or bags, (12.5.2) Inappropriate entries within the contexts such as racism, sexism, religion, xenophobia or sexual preference or entries containing anything illegal, unethical or unlawful Content. (12.5.4) Humiliating, derogatory, anti-social or inflammatory remarks aimed at any group of people or crowd, hate-speech. (12.5.3) Unnecessarily violent, crude, or obscene imagery, including scenes depicting themes such as rape, hate crimes, or any other brutality is considered inappropriate and will be automatically disqualified. (12.5.4) NSFW, Nudity or strongly sexually suggestive Content except for truly tasteful or aesthetic depictions of male or female body, nudity appropriateness is based on moral standards of A’ DESIGN AWARDS preliminary jury in general, and is ultimately judged by the preliminary jury at our sole discretion. (12.5.5) Mention of other awards in entry description: Please do not list the names of other design awards that your entry has won as a part of your entry submissions (this information should be included in your profile at awards section), when other awards information is included as a part of entry description, it could lead to disqualification of your work on the basis that such definitions could potentially result in a bias towards the evaluated work. (13) Just because You could make an application or fill a form does not mean that your Work would be considered for an award or prize, A’ DESIGN AWARDS reserves to disqualify your Work at any point, at its sole discretion, without any further obligations or liabilities to you, including but not limited to cases even before your Work or Entry is judged, evaluated, voted or scored, and even after and if You made any payments for submission, nomination or participation. (14) A’ DESIGN AWARDS could occasionally forget to evaluate, judge, score or vote your work, if this happens your sole remedy is to ask your Work to be judged, voted, evaluated or scored for the next edition of the award, competition, prize, contest or event, and if the event does not repeat further of the event was one-off event than your sole remedy is to get A’ DESIGN AWARDS credits for any fees you might have paid to A’ DESIGN AWARDS for specifically taking part in the competition, award, prize, contest or event. (15) The mere fact that you tell something to A’ DESIGN AWARDS does not make it true; A’ DESIGN AWARDS does not warranty, guarantee or accept the accuracy or truth of the information contained in your Work submissions, nominations and applications. A’ DESIGN AWARDS is not acknowledging, warrantying or guaranteeing your Intellectual Property Rights or Your Proprietary Rights. (16) A’ DESIGN AWARDS reserves the right to not declare any winners or not accept any participations to any award, prize, contest, competition or event, at its sole discretion without any liabilities towards your or third-parties. (17) A’ DESIGN AWARDS is not obliged to communicate any status update to You; A’ DESIGN AWARDS is not obliged to inform you that you are a “Winner”, “Runner-Up”, “Participant”, “Disqualified”, “Shortlisted”, “Withdrawn”, “Accepted” or “Rejected”. A’ DESIGN AWARDS, however reserves the right to, but is not obliged to, inform you about any status regarding your application or nomination. (18) Some A’ DESIGN AWARDS competitions, contests, prizes, awards or events could have different participation packages such as “Digital Entry” or “Professional Entry” with different set of benefits or services to its participants or winners. You might be asked to pay additional fees if you want to switch your participation packages before or after results announcement. You yourself decide whether you wish to switch participation packages or not, however A’ DESIGN AWARDS itself, at its sole discretion decides the cost of switching and or availability; some packages might not always be available or might have limitations to the number of Entrants that could take the package. A’ DESIGN AWARDS could provide different sets of services or different nuance of benefits or services based on your participation packages and entry types. (19) Any fee you might pay for taking part in competitions, awards, prizes, contests or event selections is paid for the service of evaluation, judging, scoring your Work, your Entry, and does not cover the cost of any benefits, services, prizes or rewards that are provided by A’ DESIGN AWARDS; A’ DESIGN AWARDS at its sole discretion could decide to not to provide you any further benefits, services, prizes or rewards after announcing you as a “Winner”, “Runner-Up”, “Participant”, “Disqualified”, “Shortlisted”, “Withdrawn”, “Accepted” or “Rejected”, without any further obligations to you. A’ DESIGN AWARDS’s service is deemed complete and all its obligations towards You and Your Work completely finished especially when your entry is evaluated, scored, judged or voted. A’ DESIGN AWARDS might have published a list of benefits, list of services, or list of services made available to winners or laureates; these services and benefits are always provided at the sole discretion of A’ DESIGN AWARDS, and A’ DESIGN AWARDS could decide whether to provide you such services or not, to reduce or increase the amount or intensity of such services, to promote or demote you in a queue for obtaining or benefiting such services and to cancel or revoke your access to any such service. It is important to once again to remember that the payments you make are for the mere fact of participating to the selection, to have your work judged, voted, evaluated, or scored, and the fees you pay do not cover any listed benefits, winner services or prizes; such benefits, services or prizes are granted free of charge by A’ DESIGN AWARDS to the eligible winners at the sole discretion of A’ DESIGN AWARDS. A’ DESIGN AWARDS does not promise you that you will get access to all benefits or get all the services or get all the prize. You agree and understand that you might not get any prize, any benefits or any winner services regardless of you are a Winner or not. (20) You further grant A’ DESIGN AWARDS an irrevocable, perpetual, unlimited, non-exclusive, royalty-free, transferable, fully sublicensable, worldwide license that permits A’ DESIGN AWARDS to make any and all types of changes, modifications, cropping, scaling up, scaling down, altering, color changing, gray-scaling, colorizing, down sampling, translating, dubbing, subtitling, removing sounds, adding sounds, making a video of, and adapting of your Works, as well as creating and making derivative Works that use or integrate your work completely or partially in any way possible. A’ DESIGN AWARDS is not required to pay you or be liable for any such derivation, change or modification to your Work. A’ DESIGN AWARDS is not required to inform you or seek your permission for any such derivation, change or modification to your Work. (21) A’ DESIGN AWARDS is not obliged to provide you replies or answers regarding our methods, processes, schedules, timelines, deadlines, procedures, evaluation criteria, jury lists, evaluation methodology or any other inner workings of the A’ DESIGN AWARDS awards, competitions, contests, prize or event, and any information that is provided or made available is done so at our sole discretion, and is subject to change or modification at any point at any time without prior information to you or without seeking your approval. (22) It is the responsibility of the Entrant to ensure that its works are patented, are registered as designs, are applied for Intellectual Property rights or ownerships, and protected before taking part in any event, competition, award, prize or contest. The Entrant is responsible for paying any required fees for protecting their work Works and designs. A’ DESIGN AWARDS will not cover for any sort of protection including but not limited to patent applications, copyright grants, design registrations, trademark applications, insurances, certifications or similar. You understand and acknowledge all risks of taking part without taking action towards protecting your designs, intellectual properties, trademarks and Work. (23) Your work might get published or made available to public even if you are not a “Winner” and is highly likely to be, but not guaranteed to published if you are a “Winner”, you understand and acknowledge and assume all responsibility for your Work getting published and being publicly know. When your Work is published and publicly known you might lose your ability to protect your work legally, including but not limited to the fact that you might lose your right to patent, apply for registration or certify your Work; your patent applications could potentially get rejected, defeated, disqualified or forfeit, your registered design applications could potentially get rejected, defeated, disqualified or forfeit. We are not Intellectual Property Lawyers, You are hereby legally required to consult to an intellectual property lawyer before taking part; you should know and understand all such risks. By entering your Work and participating, adding your work, submitting your work or nominating your Work, You understand and assume all such risks. You understand and agree that you will not hold A’ DESIGN AWARDS responsible, A’ DESIGN AWARDS will have no liabilities towards you, and A’ DESIGN AWARDS is not responsible or liable for any and all damages, including without limitation all costs, fees, penalties, claims, demands, actions, proceedings, costs, expenses, direct or indirect, consequential or non-consequential, incidental or non-incidental, actual, legal, special, punitive, extraordinary, exemplary or any other damages, that you might incur to you or third-parties, furthermore you will not make any claim against A’ DESIGN AWARDS regarding your participation, entry, submission and nomination and especially including but not limited to not protecting your Work, not patenting, trademarking or registering your Work with legal authorities before any such participation, submission, nomination etc. (24) Entrants are fully responsible for all any and all risk and cost for transportation and logistics, including but not limited to any additional, expected or unexpected costs associated or result of transportation, including but not limited to duty fees, packaging fees, fees for couriers, fees for tracking parcels, fees for warehousing, fees for storage, fees for replacements, cost of items broken or destroyed during transport, cost of transportation back, cost of disposal, cost of inspection, government approvals or licenses, insurance costs, postal costs, repackaging costs and anything else that relate to such matter. A’ DESIGN AWARDS will not pay for any transportation costs and shall not be responsible or liable for any transportation or logistics issues. (25) Entrants are required to complete any required procedures for competing, submitting, uploading, nominating, themselves; You cannot compete, submit, upload, nominate or participate on behalf of for third-parties, you cannot provide data, complete, fill or submit forms on behalf of third-parties. (26) There will be no refunds of the Participation Fee. Participation Fee is the fee Entrants pay in order to have their work queued for evaluation, voting, scoring or judging to competitions, contests, awards, prizes or events that require a participation fee. Once participation fee is paid, a pre-screening or pre-evaluation service could have already be provided by A’ DESIGN AWARDS at the sole discretion of A’ DESIGN AWARDS. Participation Fees are final and are never reimbursed under any condition. You agree and acknowledge that your participation fees are not going to be refunded. You also agree and promise not to make a chargeback or block payments from your payments processor or bank, and you further agree to pay any damages or fees that A’ DESIGN AWARDS might incur as a result of you trying to block release of funds or you requesting a chargeback from your bank. (27) You lose your right to withdraw from this contract once you upload, submit, nominate or enter your work; once you upload, submit, nominate or enter your work the performance of the contract is considered to begin and could even considered complete especially if you have received a preliminary score or if you were given a prescreening regarding your Work, or if you accessed Participant only Content, tools and or services such as submission optimizers, benchmarking or analysis functionality for any reason. The Entrants agree that getting a preliminary score, downloading a file or document means utilizing the service. Uploading a file, downloading a file means utilizing the service. (28) You promise that your Entry, submission, nomination is full and complete. You also understand and acknowledge that A’ DESIGN AWARDS could contact you to provide additional details regarding your entry. (29) Under some cases, A’ DESIGN AWARDS could decide to, but not obliged to, spend additional resources to fix issues with entries including but not limited to making changes or improvements to presentations, names on certificates, customization of Content, yearbook pages and similar data, which could be noted as fines, such fines shall be considered as further fees that shall also be paid in full. A’ DESIGN AWARDS reserves the right to cancel any such fees or not to ask participants to pay such fees unless the total amount of the fees reach a certain threshold. If A’ DESIGN AWARDS does not push or hurry participants to pay such fees, it does not mean that A’ DESIGN AWARDS gives its right to collect the fees at a later date. A’ DESIGN AWARDS also reserves the right to cancel or nullify any fees and fines for any participant at its sole discretion. A’ DESIGN AWARDS further reserves the right to cease providing services or fulfilling its obligations to participants who have due fees or fines that are not paid on time. (30) Entrants promise to pay any due fees or fines on time, and failure to do so could also be considered an automatic and immediate withdrawal. (31) A’ DESIGN AWARDS is free to choose, select or declare another work as corresponding A’ DESIGN AWARDS award winner in place of Entrant’s Work. (31) A’ DESIGN AWARDS is not obliged to provide any services, benefits or prize to any Entrant, regardless of this Entrant or Participant being a “Winner”, “Runner-Up”, “Participant”, “Disqualified”, “Shortlisted”, “Withdrawn”, “Accepted” or “Rejected”, or anything else. (32) You as the Entrant, warrant and guarantee that you have the full rights, complete power and authority to grant the necessary irrevocable, perpetual, unlimited, non-exclusive, royalty-free, transferable, fully sublicensable, worldwide licenses to A’ DESIGN AWARDS as noted earlier. You as the Entrant, warrant and guarantee that Your Work does not infringe to copyrights, intellectual properties, trademarks, house marks, collective marks, associate marks, registered marks, trade secrets, trade dress, brands, personal rights, moral rights, artists’ rights, right of publicity, proprietary rights or patents of third-parties of any third-parties and have complete power and authority of the Work including any required legal rights, licenses or permits to give A’ DESIGN AWARDS the necessary licenses. You as the Entrant, warrant and guarantee that You have made due diligence and conducted the necessary search, research, inquiries or inspections to ensure that Your Work does not infringe any rights of third-parties, including but not limited to copyrights, intellectual properties, trademarks, house marks, collective marks, associate marks, registered marks, trade secrets, trade dress, brands, personal rights, moral rights, artists’ rights, right of publicity, proprietary rights or patents of third-parties. You as the Entrant, warrant and guarantee that You are the sole, full, unrestricted and undisputed owner of your Work, possessing and have title to any and all copyrights, intellectual properties, trademarks, house marks, collective marks, associate marks, registered marks, trade secrets, trade dress, brands, personal rights, moral rights, artists’ rights, right of publicity, proprietary rights or patents relating to your Work, in all jurisdictions, worldwide. You as the Entrant, warrant and guarantee that You did not perform any direct or indirect act or omission that would result in you not having full control and rights to your Work and its all copyrights, intellectual properties, trademarks, house marks, collective marks, associate marks, registered marks, trade secrets, trade dress, brands, personal rights, moral rights, artists’ rights, right of publicity, proprietary rights or patents. You as the Entrant, warrant and guarantee that your work will not harm, cause damages to, or defame A’ DESIGN AWARDS, other A’ DESIGN AWARDS Members or any third-party. (33) You as the Entrant, warrant and guarantee that You accept and assume all liability, risk and potential damages, fees, costs and requirements for taking part in A’ DESIGN AWARDS competitions, contests, awards, prize or events. (34) You as the Entrant, agree, acknowledge, understand and accept that the total aggregate liability of A’ DESIGN AWARDS, A’ DESIGN AWARDS owners, A’ DESIGN AWARDS team, A’ DESIGN AWARDS employees, and its suppliers and distributors, for any claim under the terms, including for any implied warranties, is limited to the amount You had paid for your Entry Fees or Participation Fees, including but not limited to any and all damages, including without limitation all costs, fees, penalties, claims, demands, actions, proceedings, costs, expenses, direct or indirect, consequential or non-consequential, incidental or non-incidental, actual, legal, special, punitive, extraordinary, exemplary or any other damages, arise from any act of You or any act of A’ DESIGN AWARDS including but not limited to breach of contract, breach of statutory duty, tort, negligence, strict liability or inability. Furthermore, if you did not pay any Entry Fees or Participation Fees, in this case the total aggregate liability of A’ DESIGN AWARDS, aggregate liability understood as any and all potential liability including but not limited to any or all current, past or future, potential, hypothetical or real, economic loss, any damages, any fees, any penalties, any harm, any loss of or reduction of turnover, income, profits, business, brand value, goodwill or lost opportunities cannot exceed one hundred Euro. (35) Nothing in this terms and agreements limits Your liability, as an Entrant for any and all damages, including without limitation all costs, fees, penalties, claims, demands, actions, proceedings, costs, expenses, direct or indirect, consequential or non-consequential, incidental or non-incidental, actual, legal, special, punitive, extraordinary, exemplary or any other damages towards A’ DESIGN AWARDS, arise due to any of your negligence, wrongdoing, fraud, misinformation, misrepresentation, infringements or due to any of your action or due to any of your Content, or Work. (36) You, as the Entrant agree to indemnify and keep A’ DESIGN AWARDS of harm against any and all damages, including without limitation all costs, fees, penalties, claims, demands, actions, proceedings, costs, expenses, direct or indirect, consequential or non-consequential, incidental or non-incidental, actual, legal, special, punitive, extraordinary, exemplary or any other damages, legal costs, civil or criminal liabilities, without any limitations, worldwide, and in perpetuity, in relation to anything that could arise due to Your participation or involvement with A’ DESIGN AWARDS, especially including but not limited to cases where Your Works are infringing or allegedly infringing copyrights, intellectual properties, trademarks, house marks, collective marks, associate marks, registered marks, trade secrets, trade dress, brands, personal rights, moral rights, artists’ rights, right of publicity, proprietary rights or patents of third parties. (37) You, as the Entrant agree to indemnify and keep A’ DESIGN AWARDS of harm against any and all damages, including without limitation all costs, fees, penalties, claims, demands, actions, proceedings, costs, expenses, direct or indirect, consequential or non-consequential, incidental or non-incidental, actual, legal, special, punitive, extraordinary, exemplary or any other damages, legal fees, legal costs, civil or criminal liabilities, without any limitations, worldwide, and in perpetuity, in relation to cases where including but not limited to; if any third-party makes a claim against A’ DESIGN AWARDS, Entrant or Entrant’s Work; if Entrant grants a license to any third-party and if such third-party licensee makes a claim against A’ DESIGN AWARDS, Entrant or Entrant’s Work. (38) You, as the Entrant agree to indemnify and keep A’ DESIGN AWARDS of harm against any and all damages, including without limitation all costs, fees, penalties, claims, demands, actions, proceedings, costs, expenses, direct or indirect, consequential or non-consequential, incidental or non-incidental, actual, legal, special, punitive, extraordinary, exemplary or any other damages, legal fees, legal costs, civil or criminal liabilities, without any limitations, worldwide, and in perpetuity, in relation to anything that could arise due to any information or Content You provided to us, whether such information or Content was provided on purpose or accidentally, knowing or unknowingly. (39) You, as the Entrant agree to indemnify and keep A’ DESIGN AWARDS of harm against any and all damages, including without limitation all costs, fees, penalties, claims, demands, actions, proceedings, costs, expenses, direct or indirect, consequential or non-consequential, incidental or non-incidental, actual, legal, special, punitive, extraordinary, exemplary or any other damages, fines, legal fees, legal costs, civil or criminal liabilities, without any limitations, worldwide, and in perpetuity, in relation to anything that could arise due to any misinformation information, untruths, misrepresentations communicated by You, whether such information or Content was provided on purpose or accidentally, knowing or unknowingly, especially including but not limited to your warranties and statements regarding You being the sole, full, unrestricted and undisputed owner of your Work, possessing and having title to any and all copyrights, intellectual properties, trademarks, house marks, collective marks, associate marks, registered marks, trade secrets, trade dress, brands, personal rights, moral rights, artists’ rights, right of publicity, proprietary rights or patents relating to your Work, in all jurisdictions, worldwide. (40) If your Work is assigned any final evaluation or participation status such as including but not limited to “Winner”, “Runner-Up”, “Participant”, “Disqualified”, “Shortlisted”, “Withdrawn”, “Accepted” or “Rejected”, you can no longer terminate this agreement, and you will not be permitted to delete or remove your Work. A’ DESIGN AWARDS on the other hand reserves a right to terminate this agreement at any point and any time at its sole discretion regardless if you were assigned an evaluation or participation status, without any further obligations to you, and without refunding any fees or payments made by You to A’ DESIGN AWARDS. You understand and agree that A’ DESIGN AWARDS can terminate these terms at its sole discretion, without any obligation or liability towards you, at any time, but especially A’ DESIGN AWARDS reserves the terminate the terms in cases where and if you are actually or allegedly in breach of this contract, if you did not pay your due fees, if You or Your Work or your involvement with A’ DESIGN AWARDS created an issue (including but not limited to intellectual property disputes, copyright claims and any civil or legal claim or liability, damages, fees, costs, fines, harm and more) for anyone, and if You have not provided us with the whole truth, made misrepresentations, provided misinformation or untruths and or if your Work was deemed indecent, unethical or not good by A’ DESIGN AWARDS, at the sole discretion of A’ DESIGN AWARDS. (41) Furthermore, you understand acknowledge, accept and assume all liability fully, consciously and unreservedly for the following points; first of all, A’ DESIGN AWARDS is not obliged to return anything (let it be physical or digital) back to you; we reserve the right to destroy, delete, give a way, throw, lease, sublease, sell, cancel or erase any of your Work, Your metadata, your Content, your data, or designs that you had entered, submitted, nominated, send, gave, transferred, leased, granted, bestowed, offered or lent to us; secondly, A’ DESIGN AWARDS is not a warehouse or keeper of information; you are solely responsible for keeping the originals of your Work and A’ DESIGN AWARDS is not obliged to provide you any data, Work, Content or design that we might have about You or your Work; thirdly, A’ DESIGN AWARDS is given complete right and authority to achieve, store, keep, and make physical or digital copies of your work, to move your work from one place to another, to exhibit it, to showcase it, to make it publicly known or seen; fourthly if we terminate your A’ DESIGN AWARDS terms or account, your liabilities and warranties do not end; many aspects of these terms survive termination including but not limited to the causes and stipulations that govern or where you provide warranties regarding your work, the licenses you had given us, the indemnity you provided us, our right not to return your works, our right to archive or store your works as well as dispute resolution and binding arbitration clauses. (42) You understand acknowledge, accept and assume all liability fully, consciously and unreservedly the fact that you waive all your rights to make any legal claim or claims against A’ DESIGN AWARDS, including but not limited to any act of A’ DESIGN AWARDS, any negligence of A’ DESIGN AWARDS or any omission by A’ DESIGN AWARDS, A’ DESIGN AWARDS Members or A’ DESIGN AWARDS agents. (43) A’ DESIGN AWARDS does not guarantee that we will be able to keep your information secret, confidential and we do not guarantee that we would make your information public either. (44) A’ DESIGN AWARDS will try its best but does not legally promise or under any obligation to keep your data, Content and information secret. You understand acknowledge, accept and assume all liability fully, consciously and unreservedly for the fact that your information could be published, leaked, undisclosed, made publicly known without your consent, without your permission, without informing you at any time, at the sole discretion of A’ DESIGN AWARDS, at any media, at any country, for any reason, intentionally or unintentionally, partially or completely, in any way, in a beneficial or a harmful manner, without any obligations or liabilities towards you. (45) If the agreement is terminated that does not mean A’ DESIGN AWARDS loses its rights, entitlements for remedies, legal recourses, licenses you granted or fees you own to A’ DESIGN AWARDS; on the contrary such items persists and survives the termination or expiration of this agreement. (46) You understand acknowledge, accept and assume all liability fully, consciously and unreservedly for the fact that A’ DESIGN AWARDS is not obliged to, and cannot be asked to, and is under no liability to retract, unpublish, recall, destroy, modify, correct, update, conceal, redact, delete, erase or engage in reputation management in regards to any sort of information, data, Content or design about You, Your Work or your information, data, Content or design that is in any way shared, published, broadcasted, disseminated, made publicly known, disclosed, syndicated, quoted, featured, advertised or spread by anyone, including but not limited to A’ DESIGN AWARDS, A’ DESIGN AWARDS affiliates, A’ DESIGN AWARDS staff, press members, journalists, editors, bloggers, websites, influencers, media, internet or the general public, regardless whether such Content, data, design or information is correct or incorrect, that represents the truth or untruthful, is valid or not valid, is beneficial or harmful, is intended or unintended in any way. (47) You further understand that A’ DESIGN AWARDS is given right to share your secret, concealed, hidden, non-public, covert projects, designs, Content and Works with any third-party, especially including but not limited to preliminary, intermediary or final, jury, jurors, jury panels, judges, arbitrators, mediators, and any other people that might have a role in voting, evaluating, scoring, judging as well as promoting, marketing, advertising, featuring, highlighting, publishing, broadcasting and disseminating your Works, your Content or You, without any obligations or liabilities towards you. (48) You understand acknowledge, accept and assume all liability fully, consciously and unreservedly for the fact that your information will be highly likely to published, leaked, undisclosed, made publicly known, made copies of, distributed, without your consent, without your permission, without informing you at any time, at the sole discretion of A’ DESIGN AWARDS, at any media, at any country, for any reason, intentionally or unintentionally, partially or completely, in any way, in a beneficial or a harmful manner, without any obligations or liabilities towards you, including but not limited to cases where You or Your Work is assigned any status such as “Winner”, “Runner-Up”, “Participant”, “Disqualified”, “Shortlisted”, “Withdrawn”, “Accepted” or “Rejected” of any event, competition, contest, award, prize or accolade. (49) A’ DESIGN AWARDS reserves the right to, but not obliged to, take commercially reasonable efforts to ensure the Works and entries remain hidden, confidential or secret until such Works and entries are judged, evaluated, scored or voted for by the jurors, jury panel, jury or A’ DESIGN AWARDS staff or employees. (50) In the end, you understand and agree that A’ DESIGN AWARDS will never be liable for any sort of intentional or unintentional disclosure at any point and you promise to indemnify A’ DESIGN AWARDS and withhold A’ DESIGN AWARDS from harm in such cases. (51) It is not allowed to make multiple A’ DESIGN AWARDS accounts for taking part in A’ DESIGN AWARDS awards, competitions, contests, prize or events; each individual or legal entity is allowed to have only one single account or profile. Any multiple accounts shall be merged. Likewise, everyone who is a part of an entry or who is a partaker in Work, must create an account for themselves. Using a single A’ DESIGN AWARDS account, multiple entries and applications to distinct awards, competitions, contests, prizes or events are possible with distinct applications and Works. Participants agree to pay multiple Entry Fees if they make multiple applications or entries to multiple awards that require entry fees. It is further important to know and understand that having multiple accounts will be considered as cheating and all your entries could be disqualified at the sole discretion of A’ DESIGN AWARDS, without any refunds. It is further not permitted to submit or nominate any intellectual property or design by multiple entities (or by same entity) to the same category especially when presentation is same, similar or resembling. If a design is submitted to the competition by multiple entities (or by a singular entity with multiple accounts) to the same category, this will be considered cheating and all such entries will be disqualified at the sole discretion of A’ DESIGN AWARDS. Furthermore, an intellectual property or design cannot be submitted or nominated to different categories by different entities if the presentation of such intellectual properties are resembling, similar or same. We would like to remind you that different categories require different presentations focusing on different aspects of the larger project. In case of submission of same, resembling or similar presentation of same project to different categories by different entries (or by a singular entity using multiple accounts), all such entries will be disqualified at the sole discretion of A’ DESIGN AWARDS. A’ DESIGN AWARDS is not obliged to report such issues at any point, and can act at anytime to take action towards disqualification of your work, even after results announcement. A’ DESIGN AWARDS also reserves to mark your work eliminated or withdrawn (instead of marking it as disqualified) at its sole discretion. (52) A’ DESIGN AWARDS shall not be liable for any events beyond the reasonable control of A’ DESIGN AWARDS; A’ DESIGN AWARDS shall not be liable for any failure to perform or delay in the performance of any of its obligations under this agreement due to any “Force Majeure”; including any force majeure, vis major, casus fortuitus, wars, acts of God, infrastructure problems, global or local disasters including but not limited to natural calamities, fires, floods, climate changes, storms, earthquakes, disease outbreaks, famine, drought, explosions, terrorism, despotism, anarchy, insurrections, civil disturbances, riots, labor disputes and strikes, infrastructure and internet problems or issues such as internet failures, equipment failures, telecommunications or computer issues, electrical power problems or shortages, supernatural forces, shortages or non-supply of materials, legal and governmental actions, orders of courts, agencies or tribunals or non-performance of third parties, and the mere fact that some of the Sellers could just die due to natural causes just before shipping your items, after receiving your payments. (53) In case of “Force Majeure”, until the “Force Majeure” situation clears or is no more; both A’ DESIGN AWARDS and Entrants will be given additional time to perform their performance of their obligations under this agreement. In case of “Force Majeure”, both parties agree to take commercially reasonable efforts to ensure that they could continue to fulfill their obligations to perform their obligations under this agreement even under “Force Majeure”, if they could. (54) You understand acknowledge, accept and assume all liability fully, consciously and unreservedly for the fact that you are agreeing not only to the A’ DESIGN AWARDS TERMS FOR AWARDS, CONTESTS, PRIZES, ACCOLADES, EVENTS AND COMPETITIONS but all the A’ DESIGN AWARDS TERMS, containing many other stipulations, clauses and sub-terms; you agree to the entirety of these Terms, not just the terms for taking part in the awards, competitions, contests, accolades, prizes or events; you agree to the complete A’ DESIGN AWARDS TERMS without reservation. (55) Any controversy, dispute or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration, negotiation or mediation, and outside the court. By agreeing to these Terms, you accept not to take action in court; you agree not to sue us in court. Instead both parties agree to mediation, negotiation, open discussion and firstly, shall work together to resolve issues, disputes, claims or controversies, for 360 days. If we cannot work together to resolve issues within 360 days ourselves, then we agree to contact and hire independent third parties or mediators to resolve such issues. (56) Governing Law is Italy; this Agreement shall be governed by and construed in accordance with the laws of the Italian Republic. All Parties expressly and irrevocably and unconditionally submit to the exclusive jurisdiction of the Supreme Court of Italy and the Subordinate Courts of Italy over any claim or matter arising under or in connection with this Agreement or the legal relationships established by this Agreement. (57) Regardless of the dispute resolution, negotiation and binding arbitration clauses indicated in this agreement, if an Entrant or its Work are likely to allegedly or actualy create or if already created any potential to create any damages, including without limitation all costs, fees, penalties, claims, demands, actions, proceedings, costs, expenses, direct or indirect, consequential or non-consequential, incidental or non-incidental, actual, legal, special, punitive, extraordinary, exemplary or any other damages, fines, civil or legal issues or any sort of problems, than A’ DESIGN AWARDS reserves the right to take action against the Entrant in court, including but not limited to seeking injunctive relief or a court order against the Entrant. (58) Any and all notice and communication by Entrants in relation to this Agreement must be in written form either physically or digitally, including but not limited to regular mail, email and internet contact forms but excluding fax. (59) A’ DESIGN AWARDS reserves the right to notice and communication with any available technology, including but not limited to phone, email, internet, post, fax and in-person. (60) Any communication to Entrants for notices, correspondences, receipts and invoices are considered made if given personally – upon delivery, if mailed by post or courier – upon two days of shipment, if sent by fax – upon receipt of facsimile transmission confirmation, if emailed – upon the moment it was emailed. (61) Entrants are responsible to provide A’ DESIGN AWARDS with complete contact details to ensure receiving communications, notices, correspondences, receipts and invoices correctly. If Entrants do not provide correct information, or if the addresses, communication methods or protocols do not function as intended, including but not limited to cases where emails blocked or goes to spam folders, if Entrant address changed but not updated to A’ DESIGN AWARDS, if Entrant provided invalid email or postal addresses, if Entrant has invalid contact details or anything else, knowingly or unknowing, in this case the correspondences, invoices, receipts, notices and communications are deemed delivered and A’ DESIGN AWARDS’s responsibility to communicate such is considered satisfied. (62) If any provision of this Agreement should be held to be invalid or unenforceable, then such invalidity or unenforceability shall not affect the other provisions of this Agreement which shall remain in full force and effect and shall not be in any way affected or impaired. The parties agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the same effect as would have been achieved by the invalid or unenforceable provision. (63) A’ DESIGN AWARDS at its sole discretion could decide to not to take immediate action, to postpone enforcing the agreement or take action with delay; such delays, regardless of the timeframe, does not constitute a negligence of A’ DESIGN AWARDS and does not mean that A’ DESIGN AWARDS gives its rights to take action. The failure of A’ DESIGN AWARDS to enforce or exercise any its rights, at any point, for any period of time, shall not be construed as a waiver of any of its rights and shall in no way affect or deter A’ DESIGN AWARDS’s right to enforce or exercise such rights and terms later. (64) Entrants cannot assign, delegate, transfer, charge or pass, any of their rights, obligations, remedies, liabilities, warranties or conditions arising hereunder this agreement or arising as a result of this agreement to any third-party without written consent of A’ DESIGN AWARDS. Any purported assignment, delegation, transfer, charge or passing of Entrant’s obligations, rights, remedies, liabilities, warranties or conditions in respect to or with regards to this Agreement to third-parties, without proper written condition is considered breach of contract; furthermore also makes A’ DESIGN AWARDS eligible to, but not obliged to, seek remedy and claim for any and all damages, including without limitation all costs, fees, penalties, claims, demands, actions, proceedings, costs, expenses, direct or indirect, consequential or non-consequential, incidental or non-incidental, actual, legal, special, punitive, extraordinary, exemplary or any other damages, reputation or business loss, opportunity lost, time lost against the Entrant. Regardless of the case, A’ DESIGN AWARDS reserves the right to, but not legally obliged to, provide, not to provide or partially provide, any benefits, awards, trophies, winner services to Entrant’s heirs or descendants, at its sole discretion, at any time A’ DESIGN AWARDS deems fit, at any amount or any level. (65) Entrants understand acknowledge, accept and assume all liability fully, consciously and unreservedly for the fact that any benefits, services, prizes or other value provided by the A’ DESIGN AWARDS to its Entrants are provided at the sole discretion of A’ DESIGN AWARDS, A’ DESIGN AWARDS is given all the rights to reduce or augment, both the duration and or intensity of all benefits, services, prizes, or value propositions; A’ DESIGN AWARDS can decide to withheld providing you any prizes, benefits, services or value at its sole discretion without any obligations or liabilities towards you, without providing you any details or information why. (66) In some cases, A’ DESIGN AWARDS could ask you to review your Content, designs or Work; you understand and agree that you are solely responsible for reviewing and ensuring that your Content, designs or Work is correct, lawful and free from defects. (67) If any due fees or Entry Fees are not paid completely on time, if any fees or payments are in arrears, or not paid at all or paid after any deadline, in any of these cases, A’ DESIGN AWARDS reserves right to, but not legally obliged to, (a) take you out of; any and all events, competitions, prizes, contests, awards or accolades, (b) and not provide you any benefits, prizes, participant or winner services (c) and terminate your account, for any reason, at its sole discretion, without any obligations or liabilities towards you, without providing you with any reason whatsoever. Just to be very clear, even if you have paid all your due fees or Entry Fees, on time and completely, or even if there were no entry fees required, A’ DESIGN AWARDS still reserves its rights to (a) cancel your registration or take you out of; any events, competitions, prizes, contests, awards or accolades, (b) and not provide you any benefits, prizes, participant or winner services (c) and terminate your account, without any obligations or liabilities towards you, for any reason, at its sole discretion, without providing you with any reason whatsoever. (68) Regardless of who made the Entry Fee Payment for the Entry, regardless of who has paid for or covered the costs of your participation (and of course even in the case where the participation was free of charge or provided complimentary, as well as including cases where a third-party entity or someone else provided with you any sort of, including but not limited to, submission, competition, nomination, participation or entry ticket or waiver or pass of any sorts) and or in relation to any events, awards, prizes, contests, accolades and competitions, in the end, you are the Entrant and you shall be responsible for everything, including but not limited to any and all damages, including without limitation all costs, fees, penalties, claims, demands, actions, proceedings, costs, expenses, direct or indirect, consequential or non-consequential, incidental or non-incidental, actual, legal, special, punitive, extraordinary, exemplary or any other damages, to yourself, A’ DESIGN AWARDS, A’ DESIGN AWARDS Members, A’ DESIGN AWARDS Staff or to third-parties for any issue, including but not limited, due to You, relating to your Content, your designs and your Work and others. (69) A’ DESIGN AWARDS reserves its right to not to accept, block, remove, ban or forbid any applications, Entrants or Works for consideration of, or participation to, any of its awards, competitions, contests, prizes, accolades and events, at its sole discretion, at any time, without giving any notice or without providing reason why, for any reason, as many times as A’ DESIGN AWARDS sees fit, without any obligations to Entrants, Participants, Designers, Works, A’ DESIGN AWARDS Members or any third-parties. (70) Participants agree to any and all further conditions, terms, costs and pre-conditions we could put forward or ask for providing any benefits or services; in such cases if Entrants do not comply with the requested conditions or do not accept the further terms or if they do not pay any relevant fees, A’ DESIGN AWARDS, at its sole discretion, could decide to, but not legally obliged to, not to provide any such benefits or services. (71) Any and all transportation, packaging, warehousing, storage, inspection, insurance, cleaning, maintaining, legal and logistics costs for Works are the responsibility of the Entrant. Any Work that is not collected back within seven (7) days after any exhibition or showcase becomes the property of A’ DESIGN AWARDS, without any liabilities to the Entrant or third-parties and without A’ DESIGN AWARDS’s obligation to give or sell back such items. A’ DESIGN AWARDS can decide not to exhibit or showcase your Works that you might have sent to any of our exhibitions or showcases, regardless of costs you might have incurred for such; even if we decide not to exhibit your Work, you are still liable and responsible for any and all fees for such exhibition participation including but not limited to all transportation, packaging, warehousing, storage, inspection, insurance, cleaning, maintaining, legal and logistics costs. (72) If we published any Content, information or details of You or Your Work, you first of all accept that the correctness of such Content, information or details is your sole responsibility, you accept, assume and acknowledge all responsibility; and further accept that A’ DESIGN AWARDS is not required neither to update, fix, or correct any wrong Content, details or information, at anywhere, at any time, in any way, in any medium, for any reason; furthermore if your information is not correct in any of our publications, including but not limited to yearbooks, books, printed material, as well as digital catalogs; we will not be required to fix or update such Content; plus you also warrant and guarantee that you will not seek court action or demand an injunction or ask us to republish or update the material; it is the Entrants responsibility to ensure that their Content is true and correct before we make any publication or dissemination of such Content. (73) It is important that you refer to the INTELLECTUAL PROPERTY POLICY very carefully and in great attention; you agree, without limitation that you will be fully liable for damages of any kind for any information, design, Content or Work related to You, that is allegedly or actually infringing, plagiarizing or in violation of any third-party or A’ DESIGN AWARDS intellectual properties as well as rights. (74) Any time-frames, deadline or closing date is communicated at the relevant website or webpage of such awards, competitions, contests, accolades, prizes or events. (75) With respect to any due fees or Entry fees, Entrants declare that they are authorized to make national or international money transfers to A’ DESIGN AWARDS. Entrants further declare and acknowledge that they will be able to pay any and all amounts that arise due to any damage, fee, harm, cost, liability, direct or indirect, incidental or non-incidental, consequential or inconsequential to A’ DESIGN AWARDS, A’ DESIGN AWARDS Members, or any third-parties due to your involvement or interaction with A’ DESIGN AWARDS, including but not limited to any and all cases, including merely being an A’ DESIGN AWARDS Member, creating an A’ DESIGN AWARDS account, uploading or providing any sort of design, Content, data or information to A’ DESIGN AWARDS. (76) Entrant’s Fees or Participation Fees, per clarification are any sort of fees that might be asked from Entrants to be paid before Entrants could be considered, prescreened, voted, scored, judged or evaluated to take part in, participate or join awards, prizes, events, competitions, contests, accolades; paying any Entrant’s Fees or Participation Fees does not entitle Entrants to actually take part in, participate, or join, paying any Entrant’s Fees or Participation Fees are to have the opportunity to take-part, participate or join; any actual decision for entrants to join, participate or take-part will be decided by a prescreening, consideration, judging, scoring, voting or evaluation. Paying any Entrant’s Fees or Participation Fees does not entitle Entrants to any prize, benefits or services that are provided to only Laureates or selected winners. (75) “Winner” is a special status assigned to selected Works or Entrants whose Work or themselves were evaluated, scored, judged and declared as “Winner” by the A’ DESIGN AWARDS jury panel. It shall be reminded that A’ DESIGN AWARDS reserves the right to revoke or cancel “Winner” status even if already communicated to Entrant, without any obligation or liability towards the Entrant, at its sole discretion, without any time limits upon declaration. (76) Any award jury, jury panel, selection committee, evaluation methodology, voting mechanism and scoring system are decided by A’ DESIGN AWARDS, at A’ DESIGN AWARDS’s sole discretion; A’ DESIGN AWARDS is not required to publish criteria, voting points, inner-workings or behind-the-scenes of the evaluation, sorting or ranking at any point, Entrant’s agree and accept the result of any and all such procedures and to accept their decision as final. A’ DESIGN AWARDS is given all the rights to update, change or alter its voting, scoring, judging, evaluation and consideration criteria, mechanism, jurors and jury panels, at any point, at any time, without informing or requesting permission from Entrants. (77) If any Entrants does not claim its prize, trophy, award, award status, or participation status, reward, winner services, winner kits or similar benefits within 3 Months of announcement of results or the Entrant’s success, such prizes, trophies, awards, award statuses, or participation statuses, rewards, winner services and winner kits are considered forfeit and unclaimed. A’ DESIGN AWARDS could hold special events for announcing any winners or successful Entrants at any time, at any location, any venue, anywhere, any country, without informing or requesting permission from Entrants; furthermore, the date and location of such events could be subject to change, again without informing or requesting permission from Participants, and without any obligations or liabilities towards the Entrants. Furthermore, A’ DESIGN AWARDS could decide to revoke any status of Participants who do not take part in such special events including but not limited to award ceremonies, gala-nights, announcement events and similar. (78) FURTHER CLARIFICATIONS AND POINTS ON A’ DESIGN AWARDS AWARDS, CONTESTS, COMPETITIONS, ACCOLADES, PRIZES AND EVENTS : The following information are provided to have additional understanding on several points and cases. They are written in a natural language without the jargon to make sure these important points are understood clearly. The following points only relates to awards, competitions, contests, prize, accolade or event participation and do not affect other aspects of A’ DESIGN AWARDS. In case the following stipulations conflict with our general Terms, then the general terms shall be considered. (78.1) A’ DESIGN AWARDS is not required to send any physical prizes, trophies, certificates and similar "Physical Components of the Winners Kit" Packages to the Entrant in any condition, even if the any delivery or shipment fee is paid in full (in this case a partial refund will be possible) - For further clarification See Clause 78.3. "Physical Components of the Winners Kit" Packages cannot be ordered after 3 months of public announcement of results. However, "Physical Components of the Winners Kit" Packages could be distributed free of charge during the "Gala-Night and Exhibition" to entitled Entrants. (78.2) A’ DESIGN AWARDS is not obliged to print or include all winners on any sort of publication or similar "Winners' Book", in anything would be printed, only selected winners will be printed, at the sole discretion of A’ DESIGN AWARDS, this principle of selective inclusion also applies to all other services, including the Winners' and PR Services. We still reserve right to not to print or publish anything. Your "Eligibility" is not a confirmation of inclusion. You still need to upload the high-resolution images and provide details as mentioned in Clause 78.3. for selection process. (78.3) For A’ DESIGN AWARDS to be able to provide any additional benefits and value such as “Winners Services” or PR Services and to be able to prepare the "Winners' Book" and the "Physical Components of the Winners Kit", the Entrant must take further action by providing further details regarding their Work, their design and themselves. The list of information to be provided can be requested by email if not already displayed in control panels or the event, award, competition, prize, contest or accolade participation website and platform under the awarded entry after results are announced. This information should be provided within seven (7) days after the results have been announced. Not providing these additional details and information will result the awarded or selected Work or Entrant to be excluded from the any eventual added value, winners’ services and benefits, no refunds will be given in this case. If winners would like to be included in the yearbook, and if they would want to request their kits and to get services by A’ DESIGN AWARDS after they miss the deadline of seven (7) days, it will be possible only by paying a "Late Processing Fee for Service Inclusion" as stated in Clause 78.4 within fourteen (14) days after results are announced to public, after this date even if a request is made by paying the "Late Processing Fee for Service Inclusion", it will not be possible to get services fully; especially yearbook inclusion will be impossible. Providing these details do not guarantee an inclusion as given in Clause 78.2. A’ DESIGN AWARDS Reserves right to change such deadlines and or the list of information required by Entrants, without permission, without informing Entrants and without any liabilities towards Entrants. (78.4) "Late Processing Fee for Service Inclusion": The fee, as mentioned in Clause 78.3 is Five-hundred (500) Euros, IVA (Italian Value Added Tax) is included. It is non-refundable. (78.5) Entrants cannot withdraw their entries from A’ DESIGN AWARDS after results are announced to winners, Entrants cannot withdraw their entries after results have been made public, under no condition. A’ DESIGN AWARDS reserves the right to offer Entrants a service to conceal entries, at a premium. (78.6) Please refer to our refunds policy for any refund or credit requests; we do not make any refunds for awards, competitions, prize, accolade, contest or event participation, submission or nomination; we have a no-refund policy, all sales or payments are final. For any refund requests, you agree to contact us directly and wait up to forty-five (45) working days for an answer. You agree and state that you would not request a refund from your bank or payments processor before you get our response. You further agree and state that if you request a refund from your bank or payment processor before contacting us and before getting an answer from us, we will fine you fifty (50) Euros per each correspondence and/or response with you, your payment processor or bank, and any eventual fines will be subtracted from your account balance at A’ DESIGN AWARDS. Furthermore, you grant us a right to disclose any confidential information you have provided to us, including but not limited to your personal contact details, private information, design details, intellectual properties and others for the purpose of dispute, arbitration or correspondence with the necessary authorities or banks without any obligations towards you. (78.7) You cannot "skim" the agreement, you are obliged to read it before agreeing to it and registering yourself to the system. (78.8) It is absolutely forbidden to call jury members, jury panel or A’ DESIGN AWARDS staff and to pressure them for an award status. If this happens, A’ DESIGN AWARDS reserves rights to cease communication, to revoke any prior or post award status. However, if for technical reasons due to IT platform, if you believe your entry is not fully viewed or if you had problems in upload, you could request a confirmation of the award status by writing an email. (78.9) During several periods (including but not limited to Gala-Night and Exhibition Preparation periods, Voting Periods, Before (7) days of entry deadlines and after seven (7) days of results announced date and similar event periods), due to high amount of efforts and time allocation given to management of the events, communications and requests by the Entrants could take longer time to be answered or might be missed. (78.10) PR and Publicity services are provided in mass for all winners, even though A’ DESIGN AWARDS will do its best to run thematic, geo-specific or language-specific PR Campaigns, media placement is not guaranteed and furthermore, A’ DESIGN AWARDS reserves the right to exclude any "Winner" or participant from PR Services including but not limited to Press Release, Content Syndication and Personalized PR Campaign, at any time, for any reason, at the sole discretion of A’ DESIGN AWARDS, without any liability or obligation towards excluded Entrants. (78.11) It is the duty of the Entrants to make sure that they receive our email communications (such as by adding our official contact email address that is support@adesignaward.com to their contacts list, whitelist or any other requirements by email servers of the Entrants). (78.12) If a payment is made to A’ DESIGN AWARDS, the net amount is considered for accounting purposes and any commissions shall be paid by the remitter / payer, this implies that during for example wire-transfers the cost of money transfer shall be paid by the entity that is sending money to A’ DESIGN AWARDS. Likewise, for any other payment processors relevant commission rate will be debited (written as a minus) to your balance at A’ DESIGN AWARDS. (78.13) A’ DESIGN AWARDS badges are not endorsements, they cannot be used at other mediums written or digital (cannot be printed or published elsewhere). The proper way to utilize the badges is to link to the badges page at A’ DESIGN AWARDS. (78.14) Unexpected or unwanted shipments (i.e. for example sending us product samples or designs without properly nominating them, or sending us excessive materials, unrequested products, unexpected shipments, material for unawarded work) will be disposed within 24 hours of receipt. We are not obliged to communicate you we receive such shipments or their disposal status. We will never ship such items back, unless all shipment fees + 500 Euro penalty is paid for shipping, but in this case the shipping must be requested within the 24 hours if there is a notification sent to you, otherwise shipping back will not be possible either since we would have already disposed the item. (78.15) To be very clear, when you win A’ DESIGN AWARDS awards, you do not lose the rights to your design: Intellectual Property rights of the entrants shall remain the property of the competitor. Competitors or participants however grants a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to A’ DESIGN AWARDS to publish works on the annual yearbook, for advertising purposes and promotion as well as for sending your Intellectual Property Content to press members, editors and publications so that they too could publish it. Please note that the actual scope of the license is a bit wider as we note in our INTELLECTUAL PROPERT POLICY, however A’ DESIGN AWARDS, at its sole discretion, could decide to take steps that might be relevant under some conditions; for example, at our sole discretion, A’ DESIGN AWARDS could decide not to publish you; for any reason but including but not limited to especially if you communicate with us a week before entry deadline, in written format, and get a response of approval from A’ DESIGN AWARDS, to ensure the entry is marked for non-publication and moved to a non-concealed category. The contact should be written, using our support form, please ensure to get a reply, if you do not get a reply, it means we did not receive or evaluated your request. Furthermore, for the option of not publishing, you must take part in the concealed categories. (78.16) Entrants that are connected to the organizers are excluded from entering or assisting any entry. Entrants that are connected to jury are excluded from entering for the year the jury member actively judges the entries for. (78.17) Entrants that do not receive a prize (award status such as A’ DESIGN AWARDS - Iron, Bronze, Silver, Gold or Platinum Awards), are not promised any services, however A’ DESIGN AWARDS reserves right to, but not legally obliged to, provide a very limited amount of services or small benefits, at our sole discretion, if we decide to do so. (78.18) For any communication our contact form in the website shall be used. For any legal communication or request a letter shall be send by regular mail to our postal address. You should always try to get a written response that we read and understood your communication. (78.19) Runner-up is not a winner status, if you get runner-up status you cannot communicate yourself as an award winner even if you "win runner up" status, this principle applies also for any other status that you can be assigned to such as participant, disqualified etc. The only winners are Platinum, Gold, Silver, Bronze and Iron (A') award winners, and any other status is not a winner. (78.20) Participants are required to nominate their designs if they wish to have their designs evaluated for award consideration. Making a payment or submitting a design is not a nomination, for nomination you must follow the nomination procedure and nominate your Work or design for award consideration. It is the responsibility of the participant to ensure the Work is nominated, and Work has nominated status. (78.21) By uploading a Work or design, you are not under obligation to nominate a design. (78.22) Any refund requests relating to awards, contests, prizes, accolades and competitions shall be communicated first to the A’ DESIGN AWARDS and they shall be processed based on the A’ DESIGN AWARDS AWARDS, PRIZE, CONTEST, COMPETITIONS, ACCOLADE AND EVENT REFUNDS POLICY at https://competition.adesignaward.com/refunds-policy.html (78.23) The refunds policy at https://competition.adesignaward.com/refunds-policy.html shall be considered an addendum to this terms and conditions and must be read and understood clearly. You understand and acknowledge and warrant these added terms. (78.24) If a participant requests refunds directly from the payment processor (for example instead of asking refunds from A’ DESIGN AWARDS but rather directly contacting the bank, credit card company, online payment gateway, online payment service provider, payments processors, e-banking, or any other way for withholding or withdrawing payments) instead of communicating with A’ DESIGN AWARDS first via email support@adesignaward.com and waiting for 7 business days for processing of inquiry, in this case regardless of what is written in the refunds policy, the A’ DESIGN AWARDS and Competition reserves right not to refund any payments. (78.25) When using the images, visuals or photos at the A’ DESIGN AWARDS Photo Gallery, the following conditions must be met: (a) You cannot sell, sublicense, assign, convey or transfer these images to third parties. (b) You cannot distort or change the proportions of images, you can crop them or scale them but you cannot alter their colors except for color enhancements or grayscale image creation. (c) You cannot use the images as a part of a product or any other communication; for example; you cannot use, reproduce, distribute or display the images in connection with any goods or services intended for resale or distribution which primary value lies in the images itself including but not limited to mugs, t-shirts, postcards, posters or other merchandise or anything in any media. (d) You cannot use, reproduce, distribute or display the images in any manner that is bad, libelous or slanderous or otherwise defamatory, obscene or indecent. (e) You cannot use the images in a way that places any person in the photo in a bad light or depicts them in a way that they may find offensive. (f) The copyright and intellectual property rights of images are retained by A’ DESIGN AWARDS. (g) The images are provided "as is" and we do not accept any responsibility or liability for any incidental, indirect or consequential damages arising from any use or non-use of the images in any case. (h) Copyright Notice: © A’ DESIGN AWARDS, is suggested to be used for images. (i) You agree not to link, or provide links to any Content for which you do not have the copyright of; you cannot add links to third parties, and you accept that you are liable for any copyright infringement issues and problems that arise due to your participation to A’ DESIGN AWARDS, you agree to hold A’ DESIGN AWARDS harmless from any cases and you agree to cover all legal expenses as well as agree to pay any fines that would arise due to your participation at A’ DESIGN AWARDS. (78.26) Award Winners and Laureates who do not attend the gala-night to retrieve their design award kit packages could request their kits to be delivered to their addresses, and requesting a delivery is not obligatory, if laureates do not request a delivery, the kits will not be sent or shipped. Requesting a delivery is not free of charge and the price of delivery depends on when the delivery is requested. Late delivery costs higher. After a certain period of time, the delivery would not be possible. (78.27) Award Winners and Laureates who do not attend the gala-night but who on the contrary indicate from the online gala-night RSVP system that they would attend the gala-night, gives up their right to retrieve their design award kit packages in any way. (78.28) Award Winners and Laureates who do not order the shipment of their design award kit packages by paying the relevant shipment fees within 30 days of award status announcement, gives up their right to request a shipment of their award kit packages. If this happens, for example, if a winner pays for a delivery of their winner kits after 30 days of award status announcement, the A’ DESIGN AWARDS reserves right not send, ship or transfer anything and instead the A’ DESIGN AWARDS reserves right to add the amount paid or transferred for the item and delivery to the account balance at A’ DESIGN AWARDS. (78.29) After any kind of delivery order, if the person who requests a delivery does not provide a correct or complete address of delivery within 30 days of the order of the delivery or payment, that person gives up his/her right to receive these items, and instead the A’ DESIGN AWARDS reserves right to add the amount paid or transferred for these items to the account balance of the person at A’ DESIGN AWARDS and A’ DESIGN AWARDS reserves the right to not sent, not ship or not transfer anything to the person. (78.30) In some cases, after delivery request is made, and upon careful inspection, we could see that some deliverables, orders, items or parts of the design prize kit requested could not be available due to stocks. If a component, part or a section of an order is not available or if the complete order cannot be fulfilled then in this case the A’ DESIGN AWARDS and Competition reserves right to add a percentage of the initial amount paid or transferred for the delivery based on the missing item to the account balance at A’ DESIGN AWARDS and A’ DESIGN AWARDS further reserves the right to not send, not ship or not transfer that missing part, section or item. The total amount transferred to the account balance cannot exceed the initial order amount minus the shipping costs. The amount is calculated by nominal cost of the item, if item is discounted because of being part of a bundle, this discount is further applied to the nominal cost. Nominal cost is of the item is the cost of item to us, including production cost, overheads, management and maintenance expenses. (78.31) If a participant requests an item they, he or she is not eligible for, for example but not limited to, a non-winner sending A’ DESIGN AWARDS a wire-transfer for delivery of winner-kits, a bronze winner paying for large gold-trophy, a runner-up requesting to purchase a certificate of award etc, in such cases, the A’ DESIGN AWARDS reserves right to add the amount paid or transferred for these ineligible orders to the account balance of the person at A’ DESIGN AWARDS and A’ DESIGN AWARDS reserves right to not sent, not ship or not transfer anything. (78.32) It is possible that an item sent by A’ DESIGN AWARDS could be lost during delivery, if that happens, the person who requested the order should notify A’ DESIGN AWARDS latest after 45 days of purchase or payment of delivery about the non-delivery status. If a shipment is lost and A’ DESIGN AWARDS is dully notified within 45 days, the A’ DESIGN AWARDS reserves right to either resent the shipment or A’ DESIGN AWARDS alternatively reserves also the right to add the amount paid or transferred for the shipment and items to the account balance of the person at A’ DESIGN AWARDS and not re-sent, re-ship or transfer anything. If a shipment is lost and A’ DESIGN AWARDS is not notified after 45 days, the A’ DESIGN AWARDS reserves right to not add the amount paid or transferred for the shipment and items to the account balance of the person at A’ DESIGN AWARDS and A’ DESIGN AWARDS further reserves right to not sent, ship or transfer anything, effectively meaning that if an item is lost or does not get delivered within 45 days, the person who ordered should report it to ensure either a redelivery or reimbursement with account credits. (78.33) Not all items for sale at A’ DESIGN AWARDS include the shipment fee, the person who makes an order should also be responsible for paying the delivery fees as requested by the A’ DESIGN AWARDS. (78.34) The A’ DESIGN AWARDS reserves right to request any arbitrary delivery fee for any item regardless of what the market norm of such delivery would regularly cost, and the A’ DESIGN AWARDS reserves right to add or reflect additional taxes, custom duties, cost of transportation, worker costs, management costs and any other operative and maintenance costs to the delivery costs. (78.34) If a person requests an item from A’ DESIGN AWARDS but do not pay for its delivery within 30 days, A’ DESIGN AWARDS reserves the right to add the amount paid or transferred for these items to the account balance of the person at A’ DESIGN AWARDS and A’ DESIGN AWARDS further reserves the right to not sent, not ship or not transfer anything to the person. (78.35) Once a participant gains award winner status, the participant is given a list of actions to take. These actions include but not limited to updating profile and entry details, providing further and more information about the award-winning entries, filling questions and surveys, previewing deliverables, choosing options, answering interviews, and preparing in advance for the services. These actions must be taken within 7 days of award status announcement. A’ DESIGN AWARDS reserves the right to exclude the participants who do not complete these steps from any deliverables. Furthermore, it could be possible that after a period of time the system could lock these items for modifications, thus participants could be subject to late processing fees to unlock options that were locked. (78.36) If you make a payment, regardless of the payment method or payment processor, you need to give us at least 7 days to check and confirm the payment, if you initiate a dispute process or escalate a claim via your payment processor or initiate a chargeback within these 7 days, we reserve the right to either not-refund your fee or to cancel your nomination or both (no refund + disqualification) based on the situation (for example if you initiate a dispute process after results announcement, you will not be refunded and your work will further be disqualified). Furthermore, we also reserve right to remove and close your account in such circumstances. (78.37) If you delete or remove a nominated design before or after judging, or if you remove any of your design that you made a payment for, you agree that; (a) the design you removed has been automatically disqualified and will not be judged, but we could recover it and judge it, at our sole discretion, (b) any nomination tickets, payment or credits have been spent and non-reimbursable and (c) no refunds would be possible, (d) we keep the rights to remove or keep displaying the entry based on our own decision. (78.38) We reserve right to disqualify entries of participants who display one of the following behavior: harassing, verbally rude, threatening, cheating, criminal, vulgar, insulting, uncivil, abusive and similar. (78.39) We can disqualify your work under many conditions including but not limited to potential conflicts of interests, to avoid potential moral right, patent, copyright or trademark infringements (regardless of they are actual infringements or not), if we disqualify your Work, we will not have any liabilities toward you. We don’t need to ask you or get your permission to disqualify your work, we can do at our sole discretion. (78.40) We can disqualify any work for any reason at any point, we do not need to communicate disqualification either. (78.41) Depending on the reason of disqualification we might or might not offer a remedy. We usually do not offer any remedy, and we absolutely do not offer any refund. The potential remedy, if we decide to provide it (but we are absolutely not required or obliged to do so) cannot exceed the initial payment for nomination fees by the participant. (78.42) If express judging service is ordered after deadline, we reserve right to provide the service within 15 days instead of 3-7 days. For express judging service procedure, if your entry is not completely compliant with presentation guidelines, we reserve right to extend the schedule as long as required and until you make your entry completely compliant with presentation guidelines. (78.43) When changing from Concealed Category to Regular Category, your award level can change (the award level could be upgraded or downgraded) as the scores might be recalculated for the new category. (78.44) When making payments to A’ DESIGN AWARDS, if you modify the page parameters, link or source data (including but not limited to modifying url parameters, fee or product identifiers, rigging the system), which would result in reduction of fees to be paid, then not only you would not be provided these services but also we reserve right to fine you up to 40 times the amount you reduced the fee. For example, if you reduce 100 euro fee to 5 euro by hacking parameters or source data, we could fine you up to 95 * 40 = 3800 euro. Therefore, to avoid such a fine, you agree not to hack, modify or manually intervene any data in payment pages and you further agree to any fines if you do hack, modify or manually intervene these data to reduce payments. Furthermore, we reserve right to disqualify users who take part in such behavior without refunding any fees paid. (78.45) If you update your design images or text after results are announced, we reserve right to disqualify your entry even if we had already announced you as a winner. We can disqualify such entries at any time, depending on when we discover the change. We are not obliged to communicate a disqualification notification in advance. We might consider but we are not obliged to, restore the status of the work, upon the initial presentation is restored, after the Technical Disqualification Re-Evaluation service is paid for. When we disqualify your work you also agree to pay disqualification fees (Forced Disqualification Fee) and fines as noted in account services page which should be considered an addendum to this agreement. The disqualification cause also applies for concealed entries; you cannot remove, modify, replace the data of your award winning designs prior to obtaining a written confirmation from A’ DESIGN AWARDS to do so, and even if you obtain a written confirmation, if you make changes that are deemed too marginal; i.e. that would be enough to effect any votes that might be registered for your entry; your design could still get disqualified and you still agree to pay disqualification fees; Forced Disqualification Fee as noted in account services. (78.46) When you ask any request from A’ DESIGN AWARDS, if there is a matching Account Service listed at Account Services page, then you agree to pay for these services. We reserve right to provide some of the services a priori if urgent attention is needed. If we provide a service a priori we will charge your account. (78.47) If at the end of award status announcement, your design description details and text are missing or insufficient, if some of the text is repeating, or if you used filler text, in any of these reasons, we reserve right to make a 250 Euro fine for the incomplete presentation, or alternatively we reserve right to disqualify the work from the competition. (78.48) After results announcement, if you do not review your yearbook (or if you review but do not notice any errors) or if there were errors or issues in your book page that needed your attention (including but not limited to logo issues, image issues, text issues or any other issue such as non-compliance with guidelines) but not resolved earlier, we reserve the right to disqualify the work, or not to include in the yearbook. We remind that a bad looking or incorrect page (documents, text and images) would not only make your yearbook page to look bad but your action of not reviewing your book page would also reduce the value of the whole book, therefore instead of taking your page out of the book or disqualifying your work, we reserve a right to make a manual intervention, and register this as a service towards your account for which you might be asked to pay for. (78.49) If you delete the images of an awarded design, your work will be disqualified. Instead of deleting images you could (a) request conversion to a concealed category by paying the service as noted in account services. Furthermore, you can also (b) request the Award Status Cancellation Service. If you do not request neither of these services but decide to delete the entry or to remove or replace images with dummy or place holder images, or text, you agree to pay the Award Status Cancellation Service the fees of this service is noted in account services page. (78.50) Participants are responsible to ensure that their certificates look correct and also aesthetically appealing. In most cases, A’ DESIGN AWARDS will check (but not obliged to check) your certificates to see whether they look correct and also beautiful; they need to look appealing and correct. If your certificate does not look good, A’ DESIGN AWARDS reserves the right to modify your certificate to ensure it would look good when printed. Furthermore, A’ DESIGN AWARDS also reserves the right to provide this as an additional service, which implies that we reserve right to deduct credits from your account if we fix a certificate that looks incorrect. In some cases, we might have to print multiple certificates, in this case, multiple certificate fixing service would be applied to your account, we reserve right to deduct the full amount for the services provided. The fees for such services are noted in visualization service page at https://competition.adesignaward.com/visualization.html Furthermore, A’ DESIGN AWARDS reserves the right (but not obliged) to reduce any fees. (78.51) It is the participants' responsibility not to make multiple payments for the same item or order (i.e. participants are responsible for multiple payments resulting from; including but not limited to refreshing the payment pages, resubmitting payment forms, excessively clicking the payment submit forms etc.) if you made a multiple payment to A’ DESIGN AWARDS, even though it is stated we do not provide refunds, we reserve the right to (but not obliged to) refund you, directly from the payment processor. If the payment processor (point of sales device or online payment systems) does not allow us to refund (for example if too much time passed and you realized a multiple payment too late - including but not limited to any other reasons for expiry), then we reserve right to add it as account credits. Furthermore, if we are able to refund there will be a refunding fee which is calculated based on percentage of the amount to be refunded, this fee can range from 3% to 10% depending on the payment processor used; we reserve right to register negative credits to your account or to refund partially in any case. (78.52) You cannot remove your account if you have uploaded designs with an award status. You could however freeze your account. When you freeze your account, the email address associated with your account will be updated to removed@adesignaward.com and thus you will not receive any future communications. (78.53) We have right to keep and not delete your data even if or you remove your account. (78.54) We have right to choose or change your award category before, during or after awards announcement. In the event A’ DESIGN AWARDS introduces new competition categories, we reserve the right to move your past and current award-winning design to the newly created categories, at our sole discretion, without your consent and without informing you in advance or without informing you at all. Likewise, if A’ DESIGN AWARDS cancels any competition category or if we merge a category with another category, we reserve the right to move your past and current award-winning design to another design award category, at our sole discretion, without your consent and without informing you in advance or informing you at all. If we move your design to another category, we will select the new category at our sole discretion. (78.55) If we think you have nominated your design to an incorrect category, we have right to (a) move your design to the category of our choice (b) to charge you with Category Change Service, for which the fees are noted in the Account Services page at A’ DESIGN AWARDS. (78.56) We have right to remove data, such as images, pdf, text or videos from your presentation. We can delete any or all images without permission for any reason including but not limited to low quality of images, images that decrease presentation quality, or images that are corrupt, or images that are not so clean, or images that we do not particularly like. When we remove your data, we also have right to charge you a Manual Intervention Service fee, which is noted in Account Services. (78.57) We have right to modify your data, such as images, pdf, text or videos, to delete part of your images, or to conceal part of your images or Content, or to apply censorship to your images, for any reason, including but not limited to for example removing logos that make a design identifiable (thus instead of eliminating entry we could remove the logo instead), or cases when a socially inappropriate images are used, or for example, removing copyrighted Content or trademarked Content of third parties such as unauthorized stock images or for any other reason. When we modify your data, we also have right to charge you a Manual Intervention Service fee, which is noted in Account Services. (78.58) Even if your award is announced as a winner, we reserve right to revoke award status for any reason including but not limited to complaints, account credits, copyrights, trademark infringements, intellectual property issues, recalculation of votes, fees owed to A’ DESIGN AWARDS, incompliance with entry guidelines, incompliance with our ethic guidelines or due to lack of etiquette of awarded entrants. (78.59) If we revoke your award status, we reserve right to restore your award status. (78.60) If we revoke your award status, we reserve right to not to refund your entry. (78.61) You cannot communicate award status unless we sent you a written communication that says exactly the following sentence : [Your award status is now official and is confirmed as “{Award Level} A’ DESIGN AWARDS”]. If you communicate your award status before we officially confirm it, we can revoke your award status without refunding your entry fees. (78.62) When you are announced as a laureate, we reserve the right to but not legally obliged to send you trophies, yearbooks, certificates and other merchandise. You will never be the owner of such items; we will loan them to you, for an indefinite period, but we reserve right to ask them back any time for any reason. You cannot sell A’ DESIGN AWARDS trophies, yearbooks, certificates or merchandise that are given to you. You cannot use or depict A’ DESIGN AWARDS trophies, yearbooks, certificates or merchandise in any way or manner that reduces the prestige or emotional value of such items. (78.63) Adverse Quality Penalty : During yearbook, exhibition or design presentation page preparations, A’ DESIGN AWARDS tries its best to screen your presentation, images, texts and names. We are not obliged to screen all your presentations, however if we do happen to screen your presentations; In rare cases, during such screening, we could come up with very low-quality or aesthetically non-appealing images or logos that are attached to award winning designs. Printing low quality images or aesthetically non-appealing logos and Content decreases the value of the yearbook and exhibition and reduces the brand value of the whole design award itself. Printing not beautiful presentations, badly designed logos, low resolution images, strange names, weird textual descriptions and bad Contents lowers the value of the overall A’ DESIGN AWARDS brand, creating a negative brand value effect which could lead to a negative financial effect, and such affects might have consequences on not just the person who had provided the low-quality Content but all other winners, participants and past laureates. When your image is low quality or aesthetically non-appealing, we reserve right to, but not legally obliged to, take one of the following actions at our sole discretion: (a) we can disqualify your work, without refunding your fees or informing you. (b) we can move your work to a concealed category, without informing you in advance, and without any obligation to move back to a non-concealed category later. (c) we can charge you a “Adverse Quality Penalty”, without explaining you in detail what element of your presentation is bad or low quality, but we will try to but not legally obliged to note which design is the problem and which element of presentation was considered bad. (d) we can alter your images and charge you; we could for example, including but not limited; remove borders, sharpen or blur, reduce or increase contrast, change hue or saturation, add background or remove background, isolate background, mask or conceal a part of your image, zoom in, zoom out, scale down, scale up your image; we can take various actions and alter your presentation. (e) we can remove images from your presentation, remove text or remove names, (f) we can restore images with a version of the image we have a backup of, (g) we can take multiple or none of actions listed here at our sole discretion, (h) we can decide if your image is low quality or aesthetically non-appealing at our sole discretion. (i) If we charge you, “Adverse Quality Penalty” or any other fees or penalties, you are obliged to pay them in thirty (30) days, plus you agree that we could charge different participants different amounts at our sole discretion or same participant different amounts at our sole discretion, and we could charge you increasing amounts for repeat offences to deter you from making changes or modifications. (j) You understand and agree that we reserve the right to charge you, disqualify you, alter your Content, conceal your entry or do any combination of such if you have any low-quality or aesthetically non-appealing images or Content in your presentation. (78.64) A’ DESIGN AWARDS is given right to, but not legally obliged to remove and stop you from attending gala-night, award ceremony, exhibition or its events at its sole discretion. A’ DESIGN AWARDS is especially given right to but not legally obliged to refuse your entry to event venues based on your compliance with event guidelines, dress codes and requirements. Please follow event page details such as Gala-Night page, Exhibition page and Ars Futura Cultura pages where such guidelines are noted which you agree to follow and respect. (78.65) A’ DESIGN AWARDS is allowed to make modifications to the call to stage checklist and gala-screen presentations without your consent or prior approval, at our sole discretion. A' DESIGN AWARD is given right to but not obliged to add your name, remove your name or change your name. If A’ DESIGN AWARDS fix, update, change, add or remove your call to stage name or gala screen presentation name, you will be subject to a CSN update fee which you agree to pay in advance. CSN fee will vary based on the time when such changes are made, and could range from 20 Euro to 250 Euros. (78.66) If you ordered a winner kit and after your payment you changed your mind, we cannot refund you; winner-kits and duplicate winner kits are made to order and we do not make any refunds for winner kit orders or duplicate winner kits. We have a no-refund policy, all sales or payments are final. During your payment process, you agree, understand, acknowledge and assume all your liabilities and risks in relation to chargebacks, returns and refunds. To the extent permitted by law, you promise to not to request refunds, chargebacks or disputes from your bank, credit card providers, your electronic money accounts, online payment systems, digital currency accounts, under any condition for winner kits and duplicate winner kits that are made to order; we would like to kindly remind that the 14 day European Union cooling off period and/or return policy do not apply to winner kit and duplicate kit shipments since these are classified as “goods made to order or clearly personalised” and thus not subject to right to cancel and return policy within EU law and is especially noted in the relevant European Union directive. (78.67) A' DESIGN AWARDS reserves the right to change the nomination or award category of your entry at its sole discretion, without informing you or seeking your consent. Your award or nomination category change can be made from any category to any other category, including from public to concealed categories. If A' DESIGN AWARDS changes your entry's nomination category, A' DESIGN AWARDS is not obligated to inform you or ask for your consent, and you are not entitled to any additional benefits or services beyond those associated with the new category. If A' DESIGN AWARDS changes your entry's nomination category to a concealed category, your work may not be entitled to public category benefits, as such, including but not limited to, your work may not be published online, may not be included in the yearbooks, may not be shown at exhibitions and otherwise may not be provided PR Services. (78.68) If your work was eliminated from your initial nomination category of choice and/or if A' DESIGN AWARD considers that your work would be more relevant to any other award category, at its sole discretion, A' DESIGN AWARDS has the right, but is not legally obliged, to have your work considered in another concealed category. This means that A' DESIGN AWARDS may, at its sole discretion, choose to evaluate your work in any category, including any concealed category in addition to or instead of your originally selected category, without informing you or seeking your consent. (78.69) Even if your work was not eliminated from your initial nomination category of choice, A' DESIGN AWARDS still has the right, but is not legally obliged to, at its sole discretion, to have your category changed to any category, without informing you in advance or seeking your consent. (78.70) Upgrade to Pro-Edition Service is not refundable. (79) CLARIFICATIONS ON JURY, JUDGING AND EVALUATION METHODS AND PROCEDURE (79.1 The organisers have the right to submit or replace a jury member in case of injury or illness, or for any other purpose. (79.2) No relative to any jury member is permitted to enter the competition for the specific year that the jury member is taking part in for the specific category the jury member is voting for. (79.3) The jury's decision is final and abiding. (79.4) The jury can withhold the awards or prizes. (79.5) Entries are voted anonymously. (79.6) Preliminary score is not an award status. You cannot use your preliminary score in your communication or marketing or let anybody else know of it. By signing this agreement, you agree to keep your preliminary score hidden, this includes not communicating it in any medium including or not limited to news sources, blogs or publications of any kind or documentation or websites. You cannot use the preliminary score as a basis of any argument, especially for not winning the competition or not achieving an expected award status. You understand that the preliminary score is just a mere estimate, and is not a valid measure of your design quality. If you disclose your preliminary score or if you use it in an argument, you agree to pay fine of nine thousand euros 9.000 EURO plus any fees that would be paid for legal parties to enforce this law, including but not limited to lawyer’s fees. (79.7) Not all entries are voted by all jury members. (79.8) The jury can decide to pass or disqualify entries during voting. (79.9) The A’ DESIGN AWARDS reserves right to revoke award status for entries for any reason including but not limited to inability to comply with presentation guidelines or editorial guidelines. Revoking award status means cancelling any award status that was communicated earlier. (79.10) If a participant contacts A’ DESIGN AWARDS for "requesting change in award status" or "to reset votes and have the work voted again", this will be considered an act of manipulation and A’ DESIGN AWARDS reserves right to outright disqualify such participants and their work with or without warning, without any reimbursements, and by terminating any liabilities towards such participant. When a participant is disqualified for one Work, the A’ DESIGN AWARDS also reserves right to revoke any prior or past award status for any other Works. (80) CLARIFICATIONS ON ACCOUNT TYPES FOR A’ DESIGN AWARDS AWARDS, CONTESTS, PRIZES, ACCOLADES, COMPETITIONS AND EVENTS (80.1) A’ DESIGN AWARDS has several different “Account Types” in respect to awards, competitions, contests, accolades, prizes or events. Before participants can nominate a design, they are asked for which account type is correct. During this choice the A’ DESIGN AWARDS does not actively monitor the selection process and trusts the participants to choose the right account type among “Enterprise”, “Agency”, “Professional”, “Non-Profit”, “Academic”, “Young”, “Start-Up”, “Media”, “Government” which is communicated to participants with relevant costs of nomination during the entry process or before the entry process via calculation of nomination fees. Plus there is uncommunicated “Micro”, “Small”, and “Medium” Account Types that are available for Legal purposes, the legal definitions for the Account Types are as follows: (a) Enterprise Account Type: Company with Turnover >= 50 Million Euro. (b) Agency Account Type: Company that provides design, architecture or creativity services. (c) Professional Account Type: Real Person who earns income from design. (d) Non-Profit Account Type: Registered Non-Profit organization. (e) Academic Account Type: Real Person who works in a university or higher education. (f) Young Account Type: Student or Real Person who does not earn income from design. (g) Start-Up Account Type: Newly Established Company within the last 3 Years with Turnover < 2 Million Euro. (h) Media Account Type: Company or Real Person in publishing or broadcasting industry. (i) Government Account Type: Representative or Institution of a government of an established country. (j) Micro Account Type: Company with Turnover < 2 Million Euro. (Start-Up Pricing) (k) Small Account Type: Company with Turnover < 10 Million Euro. (Agency Pricing) (l) Medium Account Type: Company with Turnover < 50 Million Euro. (Agency Pricing). (80.2) Depending on the Account Type, participants are asked to pay different nomination fees; the Account Type system was designed such that high-income groups such as Enterprises pay more than low income groups such as Start-Ups. After an account type is selected, any invoices or proforma invoices will be based on the payment schedule for the selected account type. The payment schedule and fees are indicated at the fee calculation pages. (80.3) In case a participant chooses an account type that results in a lower participation fee then the expected correct fee based on the matching legal account type, the A’ DESIGN AWARDS reserves the right to ask the resulting nomination fee difference between the accounts plus 25% penalty fee for each entry paid using a lower entry fee to be paid by the participants. If a proforma invoice or invoice is requested (or autogenerated) by the participant who indicated a different account type that results in a lower fee, then the participant could potentially receive an initial invoice with less fees then the expected correct fees based on matching legal account type, however even in this case it is the responsibility of the participant to ensure the account type and the amount displayed in the invoice is correct and matching the expected fees and even if a proforma or invoice is sent to the participant or even if there is an email communication between A’ DESIGN AWARDS and participant that provides a price quote, since the quote is based on the incorrect account type chosen by the participant, the resulting price quotes, proforma invoice or invoices are not bounding and the participant who make less payments can later be expected to pay the difference plus the 25% penalty fee. Participants who receive an invoice, proforma or price quote by choosing an account type that allows entry with lower nomination fees will still be required to pay the difference between the correct and expected account type nomination fee plus 25% penalty fee for each entry paid using a lower entry fee. (80.4) The non-documented account types Micro, Small and Medium were created to provide fair penalty when a company chooses an unmatching account type. The formula for penalty, for clarification purposes is as follows: C = Correct nomination fee for the matching account type. L = Lower fee resulting from choosing an unmatching account type. Total Due Fees would be : ((C-L)*1.25 ) + VAT. The A’ DESIGN AWARDS reserves right to make a discount for due fees that result for this issue. The Due fees must be paid within 14 working days, regardless of when the account type issue was discovered. (80.5) In case a participant chooses an account type that results in a higher participation fee then the expected correct fee based on the matching legal account type, the A’ DESIGN AWARDS will not reimburse the payments but will create account credits that could later be used for purchasing additional services or products from A’ DESIGN AWARDS with 25% reduction; the formula of credits would be: C = Correct nomination fee for the matching account type. H = Higher fee resulting from choosing an unmatching account type. Total Credits would be : (H-L)*0.75 registered in our credit system but not refunded. (80.6) A’ DESIGN AWARDS is not obliged to control or check the accuracy of account types selected by participants. If the A’ DESIGN AWARDS checks and notices an account type selection mistake, the A’ DESIGN AWARDS is not obliged to take action for either requesting further payments due to less payments or for reimbursing the excess payments due to higher payments. (80.7) If a Professional or Young Account Type is used during nomination ticket acquisition but an Enterprise or Business Name is provided for the Account Name or Yearbook Pages, we reserve the right to request the difference of entry fees from the participants or to register a fine or to disqualify the works. (81) CLARIFICATIONS ON ENTRY METHODS AND CATEGORY CHOICES FOR A’ DESIGN AWARDS AWARDS, CONTESTS, COMPETITIONS, ACCOLADES, PRIZES AND EVENTS (81.1) A’ DESIGN AWARDS features several different entry methods. It is the responsibility of the participant to select the correct entry method. Especially choosing the digital nomination method could result in several services or items not being provided to award winning participants since nomination to the competition using the digital nomination methods costs lower than participating to the competition by nomination using professional entry method. There is a penalty for conversion between entry methods, therefore participants are advised to carefully evaluate their entry method prior participation. (81.2) Concealed Categories: The A’ DESIGN AWARDS features several categories that are concealed and called “Concealed Categories” – i.e. these categories would not publish results due to secrecy or privacy of projects involved. If you submit your work to such categories, your work will not be published nor included in the book or press releases and it is not possible to ask for conversation later without paying penalties and in some cases it might not be possible to provide all services upon conversation even after paying the penalties if any. If you join Concealed Categories your name could still be announced as a winner, and even if we say these categories are concealed we cannot be held responsible for any publication of award winning (or non-winning) design by mistake, including but not limited to for example resulting from a bug in the IT platform or for instance if an intrusion to our system or if we were required by law or legal authorities to disclose your entry details to them or by any other means. (82) A’ DESIGN AWARDS AWARDS, CONTESTS, COMPETITIONS, ACCOLADES, PRIZES AND EVENTS FINES, EXTRA FEES AND ACCOUNT BALANCE (82.1) A’ DESIGN AWARDS and Competitions' no further fees policy mean that winners of the competition are not required to pay a fee to finalize their award status; i.e. winners are winners without paying any extra fees, however "no further fees" does not mean that we would not ask further fees from participants. There are many fees that participants would be required to pay; these are including but not limited to for example request of duplicate items, extra products or additional services. (82.2) There are fees that could potentially be paid for many extra or automated services including but not limited to services or products such as account conversion (choosing wrong account type), entry type conversion (such as digital to pro, or pro to platinum edition), shipments, orders for duplicates, late requests, custom duties paid on your behalf, shipments fees paid on your behalf, your requests for exhibition services (such as packaging, transportation, handling, warehousing), for services during gala-night, additional PR services, additional publicity requests, order of duplicate or additional winner kits, products or merchandise etc. Each of these fees are communicated in specific pages and sections from where the service could be ordered or explained. (82.3) There are fees that relate to bespoke requests for account related issues, these are communicated under "Account Services" page https://competition.adesignaward.com/account-services.php when a user requires a service listed in these pages, the fees that relate to that service will be deducted from the account balance at A’ DESIGN AWARDS. (82.4) There are fines for not showing up to the gala-night if you indicate you would join the gala-night from the gala-night registration system: this fine is only in case if you are indicating you would join the gala-night by confirming your participation as positive, from our online interface and later, not showing up during the "call to stage" during gala-night. Furthermore, there are fines for removing your name from the gala-list, once the gala-list deadline is over. The amount of no show up fine is 250 euro and is further indicated in gala night page, which is accessible by participants. Gala night page contains additional clauses that relate to any fees or fines as well as regulations for gala night participation and shall be considered an addendum to this agreement. (82.5) When fees are fines occur, they are stored in "Account Balance" at A’ DESIGN AWARDS. You agree that if your "Account Balance" at A’ DESIGN AWARDS goes negative, the A’ DESIGN AWARDS and Competition reserves the right to withhold services. Furthermore, if your "Account Balance" is highly negative (highly negative = negative balance of 250 euro or more), then we reserve the right to cancel your award status. If your award status is cancelled, you will still be required to pay the fines and extra fees. (82.6) Positive account balances cannot be withdrawn or refunded, instead they could be used to obtain other services or extras from the A’ DESIGN AWARDS & Competition, however some of these services might require payment and it might not be possible to use account credits towards them; i.e. there are services including but not limited to Ars Futura Cultura participation for which you cannot use the account credits for; A’ DESIGN AWARDS and Competition reserves the right to limit using the account credits towards some services. (82.7) You cannot close your account if you have a negative account balance (if you owe us money). You can close your account if you have a positive balance (if we owe you money). If you close your account without any leftover positive balance, you understand and agree that you will not be able to retrieve or use it later. (82.8) If you harass or interact negatively with A’ DESIGN AWARDS staff or partners, for anything, including but not limited to; demanding reevaluation of voted entries, demanding provision of services or requesting products free of charge instead of paying for them, blackmailing or threatening staff especially upon unsuccessful participation, frequently asking favors, asking requests that are not compliant with our methodologies, demanding refunds especially for entries that were already voted for, being rude to our staff, belittling our staff, shouting to our staff, bullying, taking part in activities or behavior that could damage the reputation of the A’ DESIGN AWARDS or its staff, showing violent and destructive behavior, engaging in racial, religious or sexual discrimination, violating the privacy of our staff, as well as lying to our staff in order to alter their perception of reality for deceptive and manipulative purposes, you agree that we will fine your account up to 50000 euros, and you further agree to pay us this fine in 7 (seven) days, we reserve the right but not obliged to cancel this fine upon receipt of a formal apology, when the fine is not paid in the indicated time, we reserve right to sue you and send you solicitors for collecting the due fees, we might but not obliged to also give you an option for you to settle your account due fees by you opting your account to be closed and all your entries disqualified without no refunds or reimbursements made to you. (82.9) When you make a payment to A’ DESIGN AWARDS, you need to be very specific for what you paying for and you must indicate a valid reference so that we could match your payment to your account, valid references are (a) email address that you registered an account with us, (b) invoice number or proforma invoice numbers within last 30 days (c), a special reference or order number provided to you by our staff members, (d) profile identification number or design identification number for the cause of payment. If you send us any money without giving us a valid reference, we reserve right to (i) Credit the amount you paid to any other person or profile at A’ DESIGN AWARDS instead of your own profile which we cannot find. (ii) Not fulfil your order, not credit your account or fulfil the order wrongfully by sending your order to third parties or entities. (iii) Fulfil your order wrongly, by sending you a wrong item or provide you a wrong service. (iv) You agree, understand and acknowledge all the risks that relate to you not providing a valid reference when making a payment. You understand that you can lose your money, and not get any items, delivery, products or services in return. You agree and understand that you could have the wrong items, products or delivery. Furthermore, you also agree to pay or have your credit account reduced a 20 Euro (Twenty Euro) fee for searching and finding your user account from the very little information provided in your payment; for example we will assign a person to search and cross check for your addresses, businesses information and other things like a detective to be able to find your account, and you agree to pay this account search fee, when you do not provide a valid reference for your payment, and you also understand and agree that we might not even find the right account even if we search it thoroughly, and it should be our decision to stop when we search; we will not be spending too much time to find your user account. You will get any fines related to not providing a valid reference or payment causal noted as a "Crosschecking Fee" in your payment statement. Furthermore, even if you provide your own Account ID number, you should still write why you are paying the fee, if you do not provide why you pay the fee "causal" the same terms and fines noted apply. If you make a payment without having an account, you also explicitly agree to all our terms and agreements, and you also explicitly and legally delegate us to create an account on your behalf, but you also know and understand that we are not obliged to create an account but in any case you would be accepting all these terms when you make any payment. (82.10) If you owe us any amount higher than or equal to 250 Euro, for fees that are not related to non-automated services, such as money you owe us for purchase of merchandise, exhibition services, customs duties, nomination tickets, entry fees, and account type fee differences and similar, or any proforma invoices we have already issued to you that you did not pay, you are obliged to pay us such fees, furthermore, you will also be legally obliged to pay interest on the amounts you owe. (82.11) We reserve the right to, but not legally obliged to, report you to Italian authorities in an attempt to collect any money or debt you owe to us. We can share your information with third parties including debt collectors regarding such fees. (82.12) If we did not yet take legal action against you or sue you or send a written letter to you or send you and electronic solicitation letter or visit you in person to collect our debt; i.e. if we did not yet take action against you for collecting the money you owe us, this does not mean that we forego or cancel that debt. Our inaction or kind waiting shall not be considered as foregoing or cancellation of debt. (82.13) You agree to pay us interest at 20% annual rate for all the money you owe to us. (82.14) We do not have to pay you any interest if you have positive account balance. (82.15) Especially when you send an item to Exhibition, if the value of the item is above a threshold, there will be custom or duty fees that will be legally required to be paid to the customs to be able to retrieve your item. A’ DESIGN AWARDS and Competition, at its sole discretion can decide to pay these custom fees on behalf of you in order to ensure your items could join the Exhibition, or A’ DESIGN AWARDS and Competition at its sole discretion can decide not to pay these fees. If A’ DESIGN AWARDS and Competition pays Custom Duty fees on behalf of you, we are not actually paying for you; you are obliged to pay all fees we pay for retrieving your items plus any cost or tax immediately back to us; you must pay your account balance and ensure your account balance is neutral. In addition to the custom duties, in some cases A’ DESIGN AWARDS and Competition will also have a correspondence with postal service, sending necessary documents, invoices and declarations to be able to retrieve your items; we might need to make many phone calls or in rare cases we might need to physically visit a warehouse or send a person to retrieve your items, or hire additional people to be able to carry and place your items to the exhibition, if we engage in additional correspondence or if we spent additional effort, we will reflect any such additional fees for your parcel as negative account credits which you will be obliged to pay. (82.16) Invoicing and Value Added Tax amount fines : All participants, regardless of their account type must provide complete address and contact details for invoicing. All companies, institutions and organizations must provide taxation information. Italian companies, institutions and organizations must further provide their SDI and PEC details. (82.17) Individuals who do not provide their address and contact details will be fined 29% of the amount of their original invoices, and these fines will be added as negative credits to their account balance. (82.18) All non-individual entities (NGOs, Institutions, Start-ups, Companies, Businesses, Organizations and Enterprises) who participate in the A’ DESIGN AWARDS are legally obliged to provide their Tax Identification Details (such as Value Added Tax Number, Taxation Number, Fiscal Codes, Company Registration Number or other Government Issued Corporate Identification Numbers) to A’ DESIGN AWARDS within three (3) Days of Payment by latest. Companies who do not provide their taxation and corporate identification details will be fined 29% of the amount of their original invoices, for each and every invoice. (82.19) If you receive a fine (or multiple fines) in regards to missing contact information or missing taxation information, it is possible to cancel these fines if you could within three (3) days of getting fined, provide us with complete address and or tax identification details. (83) SHIPMENTS IN RELATIONSHIP TO A’ DESIGN AWARDS AWARDS, CONTESTS, COMPETITIONS, ACCOLADES, PRIZES AND EVENTS (83.1) A’ DESIGN AWARDS is not obliged to ship any items, including but not limited to winner kits (which could be collected at gala for example) or exhibition items (which could be collected from exhibition). (83.2) It could be possible to request shipment for some items (for example winner kits or exhibition items), however there are deadlines for such shipments and their requests. Details on deadlines for shipments are indicated at the control panel of A’ DESIGN AWARDS at shipment and delivery page (for winner kits) and exhibition page (for exhibition items). Once the deadline for shipments pass, it is also not possible to send your own courier for retrieval either. (83.3) For A’ DESIGN AWARDS to send a shipment, your address should be confirmed from your control panel at A’ DESIGN AWARDS. If, by the end of shipment deadline, you do not confirm your shipment address, we reserve right to not send you the shipments. If this happens, any payments done towards shipments or items will be added as A’ DESIGN AWARDS account credits. (83.4) If you order a duplicate winner kit with shipment without paying the shipment fee for your original kit, in this case we will assume that you needed two winner kits and we will package, prepare and send you two winner kits. Furthermore, we will subtract the late shipment fee for physical components of the winner kit from your account. If you ordered a duplicate kit by mistake, we cannot refund you and you are further obliged to pay the shipment fee of the original kit, please note that under normal conditions you would not be obliged to pay the shipment fee of the original winner kit, however in this situation you would be, since we would be sending to you together with the duplicate kit. (84) RETAIL PLATFORMS IN RELATIONSHIP TO A’ DESIGN AWARDS AWARDS, CONTESTS, COMPETITIONS, ACCOLADES, PRIZES AND EVENTS (84.1) By creating a design, service or product listing on A’ DESIGN AWARDS or it's spinoffs (including but not limited to BuySellDesign, SaloneDelDesigner, DesignMegaStore etc), you as the designer, creator, provider or seller, are offering the public the opportunity to enter into a contract with you. By buying a product, service, design or idea at A’ DESIGN AWARDS or it's spinoffs (including but not limited to BuySellDesign, SaloneDelDesigner, DesignMegaStore etc) you, as the buyer, procurer, accept that offer and the contract between seller and buyer is formed. A’ DESIGN AWARDS or it's spinoffs (including but not limited to BuySellDesign, SaloneDelDesigner, DesignMegaStore etc), is not a party to that agreement between the seller and buyer. All dealings are solely between users or participants. (85) INTELLECTUAL PROPERTY RIGHTS, LICENSES AND PERMISSIONS IN RELATIONSHIP TO A’ DESIGN AWARDS AWARDS, CONTESTS, COMPETITIONS, ACCOLADES, PRIZES AND EVENTS (85.1) You are solely responsible for your conduct and any metadata, data, text, information, screen names, graphics, images, visuals, photos, profiles, audio and video clips, links and any other Content (“Content”) that you submit, post, upload, nominate and display on the A’ DESIGN AWARDS. When you publish Content or information by obtaining A’ DESIGN AWARDS, it means that you are allowing everyone, including people off of A’ DESIGN AWARDS, to access and use that information, and to associate it with you. (85.2) For Content that is covered by intellectual property rights, like databases, photos and videos (“Intellectual Property Content”), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any Intellectual Property Content that you post on or in connection with A’ DESIGN AWARDS. This IP License never ends or expires as long as indefinite licenses are permitted by law, otherwise maximum licensing time period permitted by law shall be in effect; you grant us a permanent license if law permits and a very long duration license otherwise. (85.3) You represent and warrant that: (i) you own the Intellectual Property Content posted by you on or through the A’ DESIGN AWARDS or otherwise have the right to grant the license set forth in this section, (ii) the posting and use of your Intellectual Property Content on or through the A’ DESIGN AWARDS does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Intellectual Property Content on the A’ DESIGN AWARDS (as well as third parties such as publications featuring A’ DESIGN AWARDS) does not result in a breach of contract between you and a third party. (85.4) You agree to pay for all royalties, fees, and any other monies owing any person by reason of Intellectual Property Content you post on or through the A’ DESIGN AWARDS. (85.5) You further agree to indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to claim on Intellectual Property Content. (85.6) Furthermore, A’ DESIGN AWARDS have the right (but not obligation) to remove, disqualify or conceal award winning designs that have copyright or intellectual property disputes or issues; please kindly note that we could remove, disqualify or conceal your work even if a legal case has not yet been resolved. We can temporarily or indefinitely suspend or conceal your entry when a dispute or claim occurs, the claim could occur within A’ DESIGN AWARDS or outside A’ DESIGN AWARDS. (85.7) Moreover, in case of a dispute or complaint against your work or intellectual property, we might (but not obliged to) share your contact information with the complaining parties for faster dispute or case resolution. You agree and grant us a license to share your contact information with disputing parties. (86.8) In respect to intellectual properties, copyrights and your liabilities for such, If A’ DESIGN AWARDS General Terms provides us further protection, we are eligible for such protection. (86) ARBITRATION AND DISPUTE IN RELATIONSHIP TO A’ DESIGN AWARDS AWARDS, CONTESTS, COMPETITIONS, ACCOLADES, PRIZES AND EVENTS (86.1) Binding Arbitration and Class Action Waiver : We hope we never have a dispute, but if we do, you and we agree to try for 360 days (or any number of maximum days allowed by law) to resolve it informally. If we can’t, you and we agree to binding individual arbitration before an arbitration association such as American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”) or similar other associations in other countries and if these are not available we could consult a third-party lawyer instead, and you agree not to sue us in court in front of a judge or jury. Instead, a neutral arbitrator (or an independent third party, commissioned by us, such as a lawyer in case arbitration association is not available) will decide and the arbitrator’s decision will be final except for a limited right of appeal under the FAA or the similar arbitration process in your country. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties. “We,” “our,” and “us” includes A' DESIGN AWARD & COMPETITION SRL, the organizer. Please be reminded sometimes your dispute is not with us, it could be about a designer, a user of our website who might infringe your rights, if this is the case, contact us for mediation and see the methodology section, dispute resolution section which refers to the general design issue related disputes. (a) Disputes covered—everything except IP (Please check our methodology section for Dispute Resolution which refers to a dispute that is based on a design). The term “dispute” is as broad as it can be. It includes any claim or controversy between you and the manufacturer or installer, or you and A’ DESIGN AWARDS, concerning the software, its price, or this agreement, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights. (b) Mail a Notice of Dispute first. If you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by Mail to us, ATTN: LEGAL DEPARTMENT, mail it to A' DESIGN AWARD & COMPETITION SRL, VIA LEONI 32,, 22100, Como. Tell us your name, address, how to contact you, what the problem is, and what you want. A form is available at our webpage under documents repository section that you could download. We’ll do the same if we have a dispute with you. After 360 days (or as maximum number of days permitted by law), you or we may start an arbitration if the dispute is unresolved. (c) Arbitration procedure. The AAA or the lawyer or another arbitration institution or entity will conduct any arbitration under its Commercial Arbitration Rules or similar relevant rules (if you are a business) or its Consumer Arbitration Rules or similar relevant rules (if you are an individual). For more information, contact an arbitration association. To start an arbitration, submit the form available at our website together with a payment so that we could hire or pay for the AAA or a third party lawyer or mediator or arbitrator; please mail the entity you are arbitrating against a copy (or to US if your dispute is with A’ DESIGN AWARDS). In smaller disputes, any hearing could be telephonic or digital unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place in residence place of our business. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim. (d) Arbitration fees and payments. If you start an arbitration you will pay all filing, AAA, and arbitrator’s fees and expenses. If we both start arbitration we shall share the costs of dispute and filling and any other legal cost equally, unless a solution is awarded. If you reject our last written settlement offer made before the arbitrator was appointed, your dispute goes all the way to an arbitrator’s decision (called an “award”). The AAA rules, or the mediator or third party independent arbitrator or third party independent lawyers (who we hire to settle the issue) rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses. (e) If the arbitrator finds the arbitration frivolous or brought for an improper purpose you will pay for all expenses plus any awards as decided by the arbitrator to us for making a false, improper or frivolous claim. We will also seek our attorney’s fees or expenses from you in any arbitration. (f) If we start an arbitration, we will pay all filing, AAA, and arbitrator’s fees and expenses. We might seek our attorney’s fees or expenses from you in any arbitration that we start against you. (g) Fees and expenses are not counted in determining how much a dispute involves. (h) Must file within one year. You and we must file in small claims court or arbitration any claim or dispute (except intellectual property disputes which you should refer to our methodology section for the design related issues) within one year from when it first could be filed. Otherwise, it’s permanently barred. (i) Severability. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts won’t be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of any section is found to be illegal or unenforceable, that provision will be severed but the rest of sections still applies. (j) Conflict with AAA rules. This agreement governs if it conflicts with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules. (k) A' DESIGN AWARD & COMPETITION SRL as party or third-party beneficiary. If A' DESIGN AWARD & COMPETITION SRL is who you made a payment to then A' DESIGN AWARD & COMPETITION SRL is a party to this agreement. Otherwise, A' DESIGN AWARD & COMPETITION SRL is not a party but could be a potentially a third-party of your agreement to mediate your role with other parties (such as designers who join the competition) to resolve disputes through informal negotiation and arbitration. For example, if you there is a designer that you have an issue with, you cannot sue us, you need to sue, arbitrate or dispute with the designer instead. (87) PRESS RELEASE AND TEXT FIXING IN RELATIONSHIP TO A’ DESIGN AWARDS AWARDS, CONTESTS, COMPETITIONS, ACCOLADES, PRIZES AND EVENTS : When we make a premium press release for you we are obliged to use the text you input for design yearbook section or design details section. However, when your texts do not conform to editorial guidelines and if they are not written correctly, grammatically correctly or otherwise, our editors could determine that some changes will need to be made to your press release in order to effectively distribute it on premium website distribution channels. In order to ensure that your premium press releases are not placed on editorial hold status, we might need to hire writers who would fix your text in order to allow us to make the required reviews and edits to ensure your text is fixed. This mostly happens when your press release texts (design descriptions) contains grammatical errors, if you did not proofread your texts or press release or if you did not use a spell check program. In this case, we reserve right to take money from your account at A` Design Awards. The amount should be about one hour of writer fees plus mark-up for any changes required to make your texts and press release, press release distribution friendly. You also give us right to modify or have your texts modified by third party writers to have them fixed and we cannot be held responsible if the meaning deviates, to avoid all this, please ensure to use proper English with correct grammar. Furthermore, we might decide not to publish your press release or design at all if the text is not possible to be fixed or if the text contains any grammatical errors. (88) DESIGN CONTRACT GENERATORS IN RELATIONSHIP TO A’ DESIGN AWARDS AWARDS, CONTESTS, COMPETITIONS, ACCOLADES, PRIZES AND EVENTS : A’ DESIGN AWARDS permits award winners to use the design contract generator service for free, and non-winners could pay extra to use this service, only if they wish to do so. In any case, IT IS IMPORTANT TO NOTE THAT THE DESIGN CONTRACT GENERATOR SERVICE DOES NOT CONSTITUTE A LEGAL ADVICE. NO ATTORNEY-CLIENT RELATIONSHIP IS ESTABLISHED BY YOUR USE OF THE CONTRACT GENERATOR NOR THE EXISTENCE OF THIS SERVICE. ALL TERMS AND NOTES USED IN THIS DOCUMENT ARE SUGGESTIONS AND ARE NOT INSTRUCTIONS. A’ DESIGN AWARDS is not your legal advisor, the generic input customized contracts and design contract templates are not guaranteed to satisfy your needs. Always consult a licensed attorney for particular and specific contract needs. No warranties are given or implied for the Design Contracts and Agreements Service we provide. Remember to always consult a lawyer before signing a contract, laws and their enforceability could differ from country to country and region to region. We provide the contract generator service as is (free of charge to our award winning users and for a nominal fee for non award-winning users who purchase the service), and we shall not be held liable for any damages to your business or third parties resulting from your use of our contract generators (or our liability would not exceed the amount you pay to us to use these services, and for laureates this amount is zero); and you agree to hold us harmless for any future or past damages that would result from your use of these contracts, including but not limited to loss of business. This text extends our initial terms and agreements, and should be considered as an addendum to our contract if you would agree to use our generator. The contract templates as well as the explanatory text does not imply any legalities or responsibility on the part of the A’ DESIGN AWARDS and its affiliates or owners. The laws in your region may differ. Check the Web and consult a lawyer for more information on your local laws. Important notice: These documents and commentary are never a substitute to legal advice. Because every situation can be different, only a lawyer can answer your legal questions and assist you with a contract. We hereby disclaim all liability in connection to the use of these documents, agreements and contracts. Some agreements on our website are provided for free use, while others are reserved to award winning designers and some may be provided for a premium. A’ DESIGN AWARDS assumes no responsibility for any consequences that arise from your decision to use any free or non-free agreements, design contracts or agreement templates. If you have questions about whether an agreement, contract or design agreement template is appropriate for your business, you should always consult an attorney. Use of any of the agreements, contracts, agreement generators, contract generators or agreement templates on A’ DESIGN AWARDS website signifies acceptance of these terms. (89) DATA PRIVACY AND TRANSFER IN RELATIONSHIP TO A’ DESIGN AWARDS AWARDS, CONTESTS, COMPETITIONS, ACCOLADES, PRIZES AND EVENTS (89.1) A’ DESIGN AWARDS has web servers in many countries. This means that your personal data can be transferred to another country which could have different privacy laws. By agreeing this agreement, you consent and opt-in to permit your personal data to be transferred, stored or accessed from another country. We especially state this in order to remind that your privacy laws in your country or state might not apply or might not be enforceable if we transfer any data to another country. (89.2) If we remove or freeze your account, your data could still be kept in our servers and platform, traces of your data could potentially circulate through internet in other websites, including but not limited to third parties and syndication services as well as magazines and publications that cover your designs. If you remove or freeze your account, we will not take any action to remove the traces of your data outside our servers or in our own servers; your data will still remain visible. (90) WORLD DESIGN CONSORTIUM IN RELATIONSHIP TO A’ DESIGN AWARDS AWARDS, CONTESTS, COMPETITIONS, ACCOLADES, PRIZES AND EVENTS (90.1) WDC, the World Design Consortium is an initiative by IAD, the International Association of Designers, which is a prime club initiated by A’ DESIGN AWARDS. When you became a laureate of the A’ DESIGN AWARDS, you agree to be automatically enrolled into the World Design Consortium initiative, as a World Design Consortium Partner or Agent (WDC Partner or Agent). A WDC Partner or Agent is not a commercial partner; a WDC Partner is not a stakeholder of WDC. A WDC Partner does not owns WDC shares and a WDC Partner does not share WDC liabilities. A WDC Partner is basically a voluntary representative of all other WDC Partners for business contacts, our aim at WDC is to create an opportunity for A’ DESIGN AWARDS winners to do business worldwide by having all laureates have agents in all countries. As a WDC Partner or Agent, we expect but not oblige laureates of A’ DESIGN AWARDS to pass or refer jobs and business leads to other A’ DESIGN AWARDS winners. When you get a business out of such lead or job, you agree to give a referral fee to the referring WDC Agent, furthermore a mediation fee shall be paid to WDC for making the deal happen, mediated and registered. WDC will decide on the referral fee amount based on the scenario; the industry, payment and agreement terms or future businesses opportunities. You agree to abide by the WDC's referral fee and mediation terms and pay a commission for referrals and business opportunities arising from the World Design Consortium initiative. There is no fees for WDC partnership; the only time you would pay a commission and mediation fees for WDC (and WDC Agents or Partners) is if WDC would create a business opportunity for you; i.e. if another WDC Partner or Agent pass you a job or business opportunity that turns into an actual job or business taking place, then only in this case we expect to have a mediation fee for WDC and a commission for WDC Agents. (90.2) A’ DESIGN AWARDS winners are accepted and agree to be listed as World Design Consortium (WDC) “Partners” and “Agents”. Please kindly note that “Partners”; are not actually partners of World Design Consortium in any legal sense; a World Design Consortium “Partner” or “Agent” is merely a “Member” of World Design Consortium without having right to any legal action or representation; World Design Consortium “Partners” or “Agents” cannot legally represent or sign contracts on behalf of World Design Consortium. World Design Consortium “Partners” or “Agents” cannot undertake obligations and cannot put World Design Consortium under any liability of any sort, including but not limited to signing binding agreements, signing agreements of any kind, granting sponsorships, granting patronage, granting endorsements, or giving any speech, or buying advertising, or purchasing any items or services, making promises to purchase items or services, involving World Design Consortium in legal cases or any other action that could potentially create a liability. World Design Consortium “Partners” and “Agents” agree to indemnify World Design Consortium and agree to reimburse the World Design Consortium for any losses World Design Consortium suffers as a result of some negligent act or wrongdoing of the World Design Consortium “Partners” and “Agents”. A’ DESIGN AWARDS winners also agree to have their award-winning work published in the World Design Consortium almanac and yearbooks. A’ DESIGN AWARDS winners grant an irrevocable, free of charge, unlimited time license for World Design Consortium to use the award-winning works as part of advertising and promotion campaigns of WDC, with all liabilities of works getting published belonging to the award winner (including but not limited to potential costs for litigation or reimbursement to third parties in case of copyright or intellectual property issues resulting from works getting published or any other liabilities). (90.3) Word World Design Consortium can be thought as a virtual association that consists of thousands of award winning designers, institutions, agencies and companies around the World. WDC “Partners” and “Agents” help each other by offering design, architecture, engineering and artistic solutions to third parties; i.e. WDC “Partners” and “Agents” promote and market the solutions and capabilities of other WDC “Partners” and “Agents” to third parties as well as each other. All and any agreements between “Partners” and “Agents” and Third Parties shall be managed by the WDC Secretariat which is the sole legal representative of World Design Consortium. (90.4) When WDC Members (“WDC Partners” and “WDC Agents”), sell the capabilities, products or services by another “WDC Member” the selling “WDC Member” would be entitled to a commission over the sales. The commission rate, amount, timing and payment schedule as well as payment method is determined by the WDC Secretariat, and under certain cases it can be forfeit or cancelled without any implications or obligations at will by and at the sole discretion of WDC Secretariat. WDC Members cannot sell products or services of other WDC Members without consulting the WDC Secretariat first who would consult to the Member whose product, work or service is being sold; this condition is especially important in order to ensure that WDC Members would not create liabilities for other WDC Members. WDC Members do not legally represent each other and cannot undertake liabilities on behalf of each other and furthermore WDC Members agree to indemnify and reimburse any costs that might result from their wrongdoing to other WDC Members. WDC Members are not partners or agents of each other in any legal sense; this condition is especially stated to protect the interest of all WDC Members. This being said, WDC Members are “Promoters” of each other, to the extent permitted by the WDC Secretariat. (90.5) When a WDC Member wishes to sell the products or services of another WDC Member, this request shall go over WDC Secretariat. WDC Secretariat will mediate the process, making all the parties sign agreements to ensure the interests of WDC Members, WDC and the Third Parties are all respected. The Mediation agreement is based on a commission which is defined by the WDC Secretariat. (90.6) The WDC Process is as follows: Let’s imagine a WDC Member got a “Lead” (an entity who wishes to acquire design, architecture, engineering or artistic services or products or solutions) for a “Job”. The Member who got the “Lead” and/or “Job” is called the “Selling Member”. Once the “Selling Member” got the lead, the member could choose (but not obliged) to contact WDC Secretariat for Bids. If the “Selling Member” contacts WDC Secretariat, then the WDC Process will start. In WDC Process, the “Selling Member” provides a brief, a summary of the task, the solutions, the products or services to be acquired and upon this brief, WDC Secretariat would (but not obliged to) contact other WDC Members (or a selection of WDC Members) to collect “Bids”. “Bids” are proposals of solutions & price quotes by other WDC Members who are interested in undertaking the “Job”. WDC Secretariat then presents the “Selling Member” a list of Bids (with the amount of information controlled by WDC Secretariat, for example contact information or some details can be redacted or reduced or altered; indeed, information restriction is required to ensure that the “Lead” does not bypass the “Selling Member” as well the WDC). The “Selling Member” could present the “Bids” directly to the Lead, or upon request WDC Secretariat could directly contact the “Lead” and present the “Bids”. If an agreement is made, and if all the fees are paid in full, and if there are no problems in the end, then either the “Providing Member” (The member who undertook the job) or the “Lead” would (but not obliged to) pay a commission to “WDC Secretariat”. “WDC Secretariat” after getting paid in full, would (but not obliged to) pay a commission to the “Seller Member”. We especially put Not Obliged to pay here in order to ensure that no Member takes legal action against other member for not paying a commission or rate, but of course in case of no commission being paid, WDC Secretariat reserves right to exclude any such Member from Bidding in future tasks as well as ex-communicate and blacklist such members. Indeed, WDC Secretariat reserves right to Exclude any member from bidding from any Job as well as WDC Secretariat reserves right to ask any member to stop using the WDC logo or to stop promoting WDC under any condition at its sole discretion; WDC Secretariat has absolute authority over the WDC intellectual properties (its name, its promotion and anything related to it) and can exclude or include Members in any project at will, without any consequences or obligations. (90.7) Furthermore, WDC Secretariat also takes part in active promotion of Members and in most cases gets “Leads” itself. In this case, WDC Secretariat is the “Selling Member” and would get a commission from the “Lead” or “Providing Member”. WDC does not stop members from forming partnerships themselves; if two WDC Members know each other, of course they can pass jobs to each other without involving WDC, in this case WDC does not get any commission but of course WDC would also not provide any agreement or mediation. When WDC Members pass each other a job via WDC, WDC mediates the process as an independent third party, and this generally makes it easier to do business as the trust issue is usually resolved via agreements. Similar situation applies for jobs directly passed by WDC to leads; for example WDC could pass a job to a Member for a third party, and in this case the job is mediated by WDC (and a commission is paid), but later if the third party and the Member wishes to work together, trusting each other, than they can choose to work together directly without involvement of WDC (unless of course a contrary case is noted in the WDC Agreement Contract which could overwrite and redefine the rules of business between the WDC Member and the lead). (90.8) In summary, the WDC is to help WDC Members pass Job to each other and WDC mediates these tasks only if the Members wishes to involve WDC at the first place. If WDC is involved, WDC gets a commission. If the Job comes directly from WDC, then WDC is naturally involved. There is no exclusivity implied; WDC Members are all independent and can do business as usual as they please, the WDC Membership does not limit right of any Member to do business. WDC Members are also not obliged to undertake jobs or to provide bids; it is perfectly okay to ignore or not to bid on a project, and you could even decide not to get bid requests as well, but of course it is better if you get bid requests, as some projects might be too valuable to miss while others might be too small for you to bother. (90.9) There are 3 Types (“WDC Node”, “WDC Partner” and “WDC Agent”) and 3 Tiers (“Creative”, “Senior”, “Leading”) of WDC Membership: Individuals can be listed as “Partners”, and enterprises and non-personal entities can be listed as “Agents”. “Partners” could be “Creative Partner”, “Senior Partner” and “Leading Partner” and “Agents” can be “Creative Agent”, “Senior Agent” and “Leading Agent”. “Creative Partner” means a WDC Member who has won at least a Silver A’ DESIGN AWARDS, “Senior Partner” should win a Gold A’ DESIGN AWARDS and “Leading Partner” should win at least a Platinum A’ DESIGN AWARDS. Similar pre-requirements apply for “Agents” in sense “Leading Agents” are companies who have won at least Platinum A’ DESIGN AWARDS. Finally, there are also “Nodes”. “Nodes” are WDC Members who were not winners of Silver or higher A’ DESIGN AWARDS. Young Account Types are granted "Node" status until they change to Professional Account. WDC Members can download the WDC logos at A’ DESIGN AWARDS Logos section of the website. Using the WDC logo is not obligatory, however if you use the WDC logo please also link to worlddesignconsortium.com and provide a short paragraph about the WDC as noted in the WDC section of A’ DESIGN AWARDS website. (90.10) World Design Consortium could occasionally organize WDC Tenders as a way to collect design proposals and bids for WDC Clients. It is important to note that WDC Tenders are not simple design contests and have the following differences: A) WDC Tenders are not judged by the A’ DESIGN AWARDS jury panel; WDC Tenders are usually judged by the WDC Client, together with subjective input of the World Design Consortium Secretariat. B) World Design Consortium Secretariat has a right, but not an obligation, to provide its subjective opinions regarding the submitted designs, to the WDC Client at its sole discretion. C) Winning a World Design Consortium Tender does not entitle the WDC Tender Winners to any money, benefits, rights or prizes; having your name announced as the World Design Consortium Tender Winner does not entitle you to any money, rights, prizes or benefits. Being a Winner of WDC Tender does not guarantee that the WDC Client would work with you, purchase your designs or grant you any benefits or give you any rights. D) Not all WDC Tenders will have winners, in some cases, WDC Clients can choose not to announce any winners, if this happens WDC Secretariat would, but not obliged to, designate a specific participant as an honorary winner, at its sole discretion. Honorary winners are not entitled to any money, rights, prizes or benefits. E) WDC Tenders are not open to all A’ DESIGN AWARDS laureates, some WDC Tenders could have specific eligibility criteria and the WDC Secretariat could limit your WDC Tender participation at its sole discretion. F) WDC Tenders are usually free of charge to participate to eligible laureates, however this does not limit WDC Secretariat to organize WDC Tenders which could require a fee to join. Furthermore, WDC Secretariat can forego participation fee requirements for any member at its sole discretion. G) You join a WDC Tender by submitting a design proposal that is consistent and in-line with the WDC Tender Brief as provided by Client. WDC Secretariat reserves right to not to show your entry to the WDC Client. H) If WDC decides to showcase your design proposals to WDC Client, that does not entitle you to any rights, prizes, benefits or money. I) You understand and acknowledge that there is always risk that some WDC Clients can be malevolent and engage in actions that could result in direct and indirect costs, damages and fees for you; you understand and acknowledge all such risks and claim all responsibility and liability for your participation to WDC Tenders; you understand and acknowledge and claim any and all costs that could arise from any and all risks that relate to your participation in WDC Tenders; you assume full liability for any eventual direct or indirect damages, costs, fees and fines that could arise because you participate in WDC Tenders; such risks could include but not limited to: Time Loss, Money Loss, Emotional Damages Suffered, Intellectual Property Claims or Theft, Copyright Issues, Damages to Third Parties, Trade Secret Problems, Damages or Fines that could arise due to Non-Disclosure Agreements and much more. J) WDC Secretariat will not pay for, enumerate or cover any of your cost that arise due to your participation to WDC Tenders. K) You are not obliged to take part in WDC Tenders. L) WDC Secretariat is not obliged to communicate your name or pass your contacts to the WDC Client. M) WDC Secretariat, at its sole discretion can cancel any WDC Tenders; if any WDC Tender is cancelled, there will not be any obligations to any participants that take part in the WDC Tenders. N) WDC Secretariat can be selective in its communication regarding WDC Tenders, and can make some WDC Tenders hidden or secret, or available to only specific laureates, at its sole discretion. O) It is our duty to note once again that you could still end-up losing money participating WDC Tenders; it is important to understand that every action in life has an opportunity cost; instead of participating a WDC Tender you could spend your time doing another task. In some cases, Clients could steal your designs, disappear before or after payment, cease communication, refuse to continue to work with you or the Client might even die of natural causes; life and death happens, there are so many things that could go wrong; You understand and acknowledge all risks associated with participating WDC Tenders. (90.11) You give World Design Consortium a non-revocable right to use your name for promoting your profile as well as the World Design Consortium itself. (91) MODEL RELEASE AGREEMENT IN RELATIONSHIP TO A’ DESIGN AWARDS AWARDS, CONTESTS, COMPETITIONS, ACCOLADES, PRIZES AND EVENTS (91.1) By creating an account or uploading an image, you are providing us with a Model Release Agreement with terms and conditions noted as follows: (91.2) Model Release Agreement, Definitions: 1. “Property” is the own image, 3d data and sound of Releasor; it is the end product that results due to capturing the 3d data, performance, image and sound (reflection, audio, representation, character, video, 3d movements, performance, special look) of the Releasor still or moving, by any and all means such as by photography, filming, audio recording, performance recording, 3d data capture, or any other type of recording or device that helps recall the image of “Releasor” such as visual appearance, dimensions, likeness, sound, and voice of the Releasor or any other representative data that could be captured and communicated. 2. “Releasor” is the person or entity who signs this Model Release Form, which is a contract that states that the Releasor grants right to the Releasee the usage of own image, 3d data, performance, sound, pose and look of Releasor. The Releasor is likely to be a Model or Fashion Model but could also be anyone or any entity that has an image or data that could be captured. 3. “Releasee” is the person or entity who will have the rights to the Property. The name of the Releasee is not important. It could be a photographer, illustrator, filmmaker, designer, artist, company, machine, cinematographer, media company or any other person or entity or device photographing, capturing a visual image, capturing 3d data, recording performance, or recording image, 3d data, performance, and sound of the Releasor in any way. Releasee can change over time due to transfer of rights noted in this Agreement. 4. “Third Parties” means other entities, companies, institutions or people to whom the Releasor has assigned, licensed or sub-licensed the rights to this agreement. “Third Parties” can be recursive; i.e. the third parties could also have other third parties. 5. Compensation means anything of value received in exchange for the rights granted by Releasor in this release. The understanding of compensation is very wide, can be even a “Thank You” if it worths it at the time of Signature. The Compensation shall be stated at the end of this agreement. 6. Scope or Session is the framework or limitations related to this Model Release. Usually, the Model Release is specific to a recording session but it could be wider, for instance it could cover a time period or a specific location or for a very specific purpose as agreed but in most cases, it covers all purposes as defined in this contract, for the Property captured or recorded during the date of the recording sessions. (91.3) Model Release Agreement, Terms and Acknowledgements A) This Model Release Agreement is intended to cover the usage and publication of Property for any “Product” including but not limited to advertising, presentation, design, promotion, public relations, marketing, commercial work, resale work, service or experience provision, industrial product development and packaging. This Model Release Agreement does not cover permit the use of Property for any erotic, pornographic, defamatory, derogatory or political Content. By signing this agreement, the Releasor give a permission to the Releasee to use the Property in any publication or media including digital media, internet video channels, electronic media, print media, television, film, radio and other type of media. B) Releasor dully agree that the Property may be combined and/or used together with other visuals, illustrations, designs, art works, images, texts, documentation, graphics, films, videos, audio, audio-visuals, photographs and other intellectual property such as symbols, marks and logos; and may be altered, cropped, enlarged, inverted, distorted, scaled down, color touched, enhanced, degraded or modified in any way. C) Releasor dully agree and acknowledge that the Releasor have no rights to the Property, and all rights to the Property belong to the Releasee regardless of time when the Property is used or published. D) Releasor dully agree and acknowledge that Releasor have no further right to any additional monetary compensation, barter rights, consideration, money, funds, accounting or payment. This means that the Releasor has either already been paid, or the Releasor is signing the agreement without requesting any monetary or other type of compensation. E) Releasor dully agree and acknowledge that Releasor will not make any claim for any reason to Releasee. F) Releasor dully agree and acknowledge this release is binding upon Releasor’s heirs or anyone who might have rights in future to the Property. G) Releasor dully agree and acknowledge that this agreement cannot be cancelled, the Model Release Agreement is irrevocable, worldwide, perpetual, everlasting and will be governed by the laws of Italy. H) Releasor dully agree and acknowledge that this Model Release Agreement can be transferred to another party by the Releasee. If this happens, the new party becomes the Releasee. I) By signing this agreement, the Releasor does not grant a license to use the name of the Releasor, only the Property, without name. However, if the real name of the Releasor is mentioned in a video, performance, audio recording session or visible in 3d data capture or photography, then the inclusion and mention of the name is permitted. Releasee at its sole discretion may decide whether the name of the Releasor shall be kept hidden or not, if Releasee decides to keep the name of the Releasor hidden, then the personal information of the Releasor shall not be be made publicly available, and could only be be used directly in relation to the licensing of the Property in necessary legal situations that arise for breach of this agreement by the Releasor. J) The Releasor dully state, represent and warrant that to be of at least 18 or legal age in country of residency and have the full legal capacity to execute and sign this Model Release Agreement. K) Releasee will have full copyright of the Property together with the right of reproduction either wholly or in part. L) Releasee retains all rights to 3d data, image and sound recordings for perpetuity. M) Releasor has the right to enter into the Model Release Agreement and Releasor is not restricted by commitments to third parties. N) Releasee has no financial commitment or obligations to me as a result of Agreement. O) Releasor expressly release and indemnify Releasee and its officers, employees, workers, agents and designees from any and all claims known and unknown arising out of, or in any way connected with, the above granted uses and representations. P) In consideration of all of the above, Releasor hereby acknowledge receipt of reasonable and fair consideration from Releasee. Q) “Releasee” is not legally obliged to notify nor ask permission of the “Releasor” for any “Product” that is based on, or developed using, or integrates any elements of the “Property” in any way. (91.4) Compensation: “Thank You”. Releasee has no current or further obligations for compensation. Any compensation is considered to be paid and any obligation is considered to be fulfilled upon signature of this agreement, with no further compensation or obligation possible. (91.5) Scope or Session: Unlimited. This agreement shall be valid for unlimited number of recordings or productions made in different dates or locations. (91.6) You further declare that you have a model release agreement and permissions from your own fashion models and any other people that you feature in your Content; you state and agree that you have the legal right to use and sublicense their “Property” such as their own image, 3d data or sound to us for our own use. (92) WDC TENDERS & CUSTOM CONTESTS IN RELATIONSHIP TO A’ DESIGN AWARDS AWARDS, CONTESTS, COMPETITIONS, ACCOLADES, PRIZES AND EVENTS : WDC Tenders are organized and run via A’ DESIGN AWARDS Platform. Custom Contests could be organized on behalf of third parties by A’ DESIGN AWARDS. A’ DESIGN AWARDS can exclude or include anyone to the WDC Tenders or Custom Contests regardless of what is written at the eligibility section or brief. Participants can only submit projects that they have the full intellectual property rights of. Projects must be innovative and creative. Participants agree and state they are authorized to submit projects in case a project is submitted on behalf of third parties. Participants understand, assume and acknowledge all risks of sending their projects; this includes any and all risks, including but not limited to any and all costs, damages, fees, fines or penalties. WDC Tenders or Custom Contests winners are selected by the sole discretion of A’ DESIGN AWARDS; any jury or public voting for WDC Tenders or Custom Contests is merely symbolic and will merely help form an informed decision; we especially note this here to remind also that the decision of A’ DESIGN AWARDS is final and you agree to abide by it as well as to accept and agree to it. We also would like to remind that there is always a risk due to intellectual properties, the risks include but not limited to your intellectual property being stolen, or you infringing the intellectual properties of others, in both cases you are responsible and you fully assume all risks. For any and all your involvement with WDC Tenders or Custom Contests, you agree to withhold A’ DESIGN AWARDS and its owners, partners, workers, employees, managers, its affiliates free of any cost, damage, fees, fines and obligations that might arise due to your involvement; you fully understand and acknowledge any and all risks as well as anything you might need to pay or incur due to risks of your involvement with WDC Tenders or Custom Contests, including but not limited to cost, damage, fees, fines and obligations. There might be award, prize money, budget, monetary prize or equivalent monetary prizes indicated, noted or implied at WDC Tenders or Custom Contests pages; these prizes and budgets are never final, and the WDC Tenders or Custom Contests organizers, A’ DESIGN AWARDS, sponsors, patrons or partners could decide to make modifications including but not limited to reduction, augmentation or even cancellation of the award, prize money, budget, monetary prize or equivalent monetary prizes indicated, noted or implied. Furthermore, you also bound to pay any and all taxes related to award, prize money, budget, monetary prize or equivalent monetary prizes indicated, noted or implied plus you also understand and agree that only the winners of WDC Tenders or Custom Contests could potentially receive the award, prize money, budget, monetary prize or equivalent monetary prizes indicated, noted or implied, and you also understand that you might not always get the full award, prize money, budget, monetary prize or equivalent monetary prizes indicated, noted or implied but sometimes you could get a partial award, prize money, budget, monetary prize or equivalent monetary prizes indicated, noted or implied and you also understand that A’ DESIGN AWARDS, its owners or WDC could have a commission cut from the award, prize money, budget, monetary prize or equivalent monetary prizes indicated, noted or implied, the commission will be at least 20% but can be even more. Very importantly, the award, prize money, budget, monetary prize or equivalent monetary prizes indicated, noted or implied for WDC Tenders or Custom Contests are also always under the risk of last minute cancellation by organizers. WDC Tenders or Custom Contests can be cancelled at any time without any obligation to participants, without notifying the participants in advance or in any way; if a WDC Tenders or Custom Contests is cancelled, there will not be any payouts for the award, prize money, budget, monetary prize or equivalent monetary prizes indicated, noted or implied. If a WDC Tenders or Custom Contests is cancelled, the submissions or time of participants will not be returned. Finally, also very important, we remind and repeat that we will decide the WDC Tenders or Custom Contests at our sole discretion, we can also decide not to decide or announce any WDC Tenders or Custom Contests winners and in this case the WDC Tenders or Custom Contests is considered cancelled. Furthermore, WDC Tenders or Custom Contests can have their deadlines extended at any time. WDC Tenders or Custom Contests participation service is provided as “as is” and “as available” basis. WDC Tenders or Custom Contests winners might be many; there could be multiple, single or zero winner of each WDC Tenders or Custom Contests. If there are many winners of a WDC Tenders or Custom Contests then the award, prize money, budget, monetary prize or equivalent monetary prizes indicated, noted or implied will be distributed at the sole discretion of us, and we could decide to distribute the award, prize money, budget, monetary prize or equivalent monetary prizes indicated, noted or implied in a way such that a single winner could get all the award, prize money, budget, monetary prize or equivalent monetary prizes indicated, noted or implied and others might get nothing or zero; we have full right to decide how the award, prize money, budget, monetary prize or equivalent monetary prizes indicated, noted or implied would be distributed among winners, or not distributed if no winners. WDC Tenders or Custom Contests winners might be asked to sign additional contracts with clients, sponsors, organizers or patrons; including but not limited to transfer of design rights or for example for developing further works, not signing any follow-up contracts would actually be possible but in this case you also agree to not get or fully refund any payouts for the award, prize money, budget, monetary prize or equivalent monetary prizes indicated, noted or implied, you might be promised or already given, together with any costs for refunding the fees as well as any related taxes; if you were granted services or benefits you also agree to pay for them. WDC Tenders or Custom Contests do not have royalties or recurrent payments. WDC Tenders or Custom Contests can be participated by everyone, that includes people who work for, or partners of WDC, A’ DESIGN AWARDS, sponsors and organizers. You fully grant a license for us to demonstrate the works you submitted to WDC Tenders or Custom Contests to the intended audiences; if the competition is meant to be public; then to public, if it was for a client, then to the client; if it was for a client who would wish to discuss with its market; then to public; better way to put it is; you give us a license to showcase any work you submit to any WDC Tenders or Custom Contests to public; and this could have repercussions for you; for example you might lose the right to patent works or someone from public could steal your design, you understand and acknowledge any and all risks due to your participation to WDC Tenders or Custom Contests. WDC Tenders or Custom Contests organizers, patrons, sponsors will have the possibility to exert, within 15 (fifteen) months since the conclusion of the competition a special pre-emption and or option right. By exerting such pre-emption and or option right the organizers, patrons, sponsors will have the possibility to obtain a perpetual exclusive license for the economical exploitation of the submitted works. After 15 (fifteen) months since the conclusion of the WDC Tenders or Custom Contests, the pre-emption and or option right for obtaining the exclusive license on the works shall be transferred to A’ DESIGN AWARDS for another 9 (nine) months. After 15 (fifteen) months following the date of expiration of the WDC Tenders or Custom Contests, if the organizers, patrons, sponsors have not exercised their pre-emption and or option right, participants will be free to propose their own projects to third parties; however, A’ DESIGN AWARDS, WDC and the organizers, patrons, sponsors will remain entitled to a free, not exclusive license, without any time and territory limitations, for all works uploaded on the A’ DESIGN AWARDS platform or sent to A’ DESIGN AWARDS or WDC by users participating in the WDC Tenders or Custom Contests for internal use, editorial, promotion and advertising purposes without paying any royalties and fees to the participants. Before releasing any payouts for the award, prize money, budget, monetary prize or equivalent monetary prizes indicated, noted or implied, you might be required to sign a few papers; or some serious agreements! Any winning payouts for the award, prize money, budget, monetary prize or equivalent monetary prizes indicated, noted or implied, shall be made within the 90 (ninety) days, after 90 days, any unclaimed payouts for the award, prize money, budget, monetary prize or equivalent monetary prizes indicated, noted or implied, will be considered foregone and void. Participants who were indicated as winner will be asked to provide means to get their payouts for the award, prize money, budget, monetary prize or equivalent monetary prizes indicated, noted or implied within the 90 (ninety) days of award announcement, otherwise they forfeit and forego any payouts for the award, prize money, budget, monetary prize or equivalent monetary prizes indicated, noted or implied. Submitted works should fit submission guidelines. Winners might be required to provide further work, proof or additional information including but not limited to proof of originality, technical drawings, additional designs, changes of designs, variation on designs etc; winners who do not comply with such requests agree and understand that they will not be able to get any payouts for the award, prize money, budget, monetary prize or equivalent monetary prizes indicated, noted or implied. Unless having a written authorization from A’ DESIGN AWARDS or WDC, you cannot bypass, transfer or sell responsibilities you might have in relation to WDC Tenders or Custom Contests to third parties; especially you cannot outsource a design job you won to others for example but you could, with prior approval from A’ DESIGN AWARDS, WDC or contest sponsors, could potentially outsource parts of the project to third parties or your inhouse team as long as they also agree to these terms. WDC Tenders or Custom Contests participants must be of legal age in their respective countries and agree and understand that the agreement is in English and they have fully understood and read the whole contract. (93) PREMIUM (PAID) OR FREE SUPPORT IN RELATIONSHIP TO A’ DESIGN AWARDS AWARDS, CONTESTS, COMPETITIONS, ACCOLADES, PRIZES AND EVENTS (93.1) Participants are responsible for technical support regarding their designs, presentations and projects. Participants are responsible for going through the documentation to ensure they participate correctly. Participants are responsible for making their designs, images, text and Content in compliance with any presentation guidelines, image guidelines, editorial guidelines and other documentation published by A’ DESIGN AWARDS. (93.2) A’ DESIGN AWARDS sends detailed emails about each and every service to the competition participants, with a link to a page that explains the scope of service as well as how to utilize such services correctly. It is the duty of participants to ensure they receive our emails by adding support@adesignaward.com to their email white lists as well as to read through the emails that explain how to benefit from services. In addition to the emails explaining services and notifications regarding service activations, detailed documentation is available at our website through the relevant functions as well as the frequently asked question sections. (93.3) i) A’ DESIGN AWARDS is not obliged to provide free support. ii) Subject to payment of applicable support Fees, A’ DESIGN AWARDS will try its best to provide the needed basic to Participants. iii) A’ DESIGN AWARDS is not legally obliged to fulfil support requests. A’ DESIGN AWARDS will not fulfil any support request that is not financially or technologically feasible. A’ DESIGN AWARDS will not fulfil any support request that is not in compliance with our mission and vision. A’ DESIGN AWARDS will not fulfil any support request that might reduce the perceived value of the competition. A’ DESIGN AWARDS at its sole discretion will decide if your support request is valid, feasible, unfulfillable, compliant or not. (93.4) i) A’ DESIGN AWARDS has a paid support system where a participant can decide to get premium support by paying varying support request ii) The support fees are based on the urgency of the response the participant think they need. iii) The more urgent the request, the higher the support fee is. iv) Support fee is paid for asking the question and does not cover the cost of fulfilling the request. v) Fee support is provided for Legal issues and Press requests. vi) Instant and free support is available in the form of hundreds of Frequently Answered Questions, presentation guidelines, documents repository, and explanations of services at control panel and service pages. vii) Participants who need us to perform a service are asked to simply request relevant services from account services list to get the help they need instead of paying for premium support, this way we could proceed with service directly. Participants are also able to reply us regarding services that they already ordered and paid for as well as leaving a note in the system. viii) Press support is provided free of charge to press members to ensure press members get the fastest response without any fees. ix) Legal requests are cases where a court case is open against the participants and where our quick response would be helpful. x) It is noted very clearly in support page that Press and Legal support functions should not be exploited by participants who have a question or support request that is not actually a Legal issue (no active court order, official case or solicitation) or regarding Press (reserved for magazines and publications who wish to feature our laureates). Participants agree to have their accounts charged with Highly Critical support fees as noted in the contact page when they exploit the contact system and contact us for a non-Legal or non-Press issue. A’ DESIGN AWARDS at its sole discretion can decide whether the issue is a Legal issue or a Press issue. A’ DESIGN AWARDS at its sole discretion can decide to charge the full amount of Highly Critical support fees or a discounted warning as a penalty by registering negative account credits towards the user. xi) A’ DESIGN AWARDS can but not legally obliged to make a discount or cancel any support fees. xii) Is the participant repeats exploiting the legal contact system, we reserve right to also cancel out any previous discount we had made for any support fees or fines. (93.5) A’ DESIGN AWARDS can decide not to provide support to any participant at its sole discretion. No matter if support is provided or not, the support fee is not refunded. We reserve the right to but not legally obliged to refund any support fees. (93.6) A’ DESIGN AWARDS can decide to provide free of charge support to any participant at its sole discretion. (93.7) A’ DESIGN AWARDS can decide not to provide support to participants that are rude without any consequences or obligations to such participants. (93.8) A’ DESIGN AWARDS can enable or disable premium support at any time. This means that some months of the year where we have more resources, we reserve the right to provide completely free support. This also implies that there will not be free support in months where we have too many support requests and unable to provide free support for everyone. (93.9) A’ DESIGN AWARDS reserves right to cancel any support fees paid due to errors of the computer infrastructure or system. A’ DESIGN AWARDS at its sole discretion shall decide whether the error was caused by our systems or computer infrastructure or not. (94) PRIME EDITIONS. (94.1) PRIME EDITIONS are additional publications that A’ DESIGN AWARDS may or may not offer to its participants and laureates. By taking part in the A’ DESIGN AWARDS, you understand and agree that your work may potentially be selected to be published in PRIME EDITIONS at the sole discretion of the A’ DESIGN AWARDS. (94.2) A’ DESIGN AWARDS is not obliged include your work within PRIME EDITIONS even if your work is an esteemed winner of the A’ DESIGN AWARDS. (94.3) A’ DESIGN AWARDS is not legally obliged to ask permission to you for including or publishing your work within PRIME EDITIONS or promoting or advertising your work in relation to PRIME EDITIONS. A’ DESIGN AWARDS could publish your work within PRIME EDITIONS without your explicit consent, and without informing you in advance. (94.4) A’ DESIGN AWARDS is not legally obliged to provide you a copy of any PRIME EDITION publication at any time for any reason. (94.5) A’ DESIGN AWARDS may use your work to promote PRIME EDITIONS, and may use your work as book covers, dust jackets, bookmarks, flyers, advertisements, social media posts or any other type of promotional creative for packaging or promoting the PRIME EDITION publications. (94.6) You understand and agree that by taking part in the A’ DESIGN AWARDS, you agree to participate in any and all PRIME EDITION books and programs that your work is selected to, without reservation. We reserve the right to but not legally promise to provide you an option to opt-out of the PRIME EDITION program. (94.7) If your work is selected to be included for PRIME EDITION books, and if you confirm taking part this is considered active participation. If your work is selected to be included for PRIME EDITION books, and if you do not confirm taking part or opt-out of PRIME EDITIONS, this is considered passive participation. (94.8) If you opt-out of PRIME EDITION participation, we reserve the right to but not legally promise to not include your work in PRIME EDITIONS; even if you opt-out, we could still publish your work within PRIME EDITIONS and we cannot be held responsible, liable or negligent if we include or publish your work in PRIME EDITIONS with or without your consent. Even if you opt-out, if your work is published or included in PRIME EDITIONS, you assume all responsibilities regarding your work’s publication including but not limited to any issues related to intellectual property rights, licenses and compliance with laws. (94.9) You understand, agree and legally promise to indemnify A’ DESIGN AWARDS and withhold A’ DESIGN AWARDS free from any sort of harm and damages that may arise due to your active or passive participation in the PRIME EDITIONS program. (94.10) A’ DESIGN AWARDS reserves the right to not publish or include your work within any and all PRIME EDITIONS, A’ DESIGN AWARDS are not obliged to provide you a reason why your work is not included or published within PRIME EDITIONS; and if you are provided a reason for non-inclusion or non-publication, you agree to keep this reason secret and not share this reason with any third parties and never use this reason against us in any way in any medium. (94.11) A’ DESIGN AWARDS may sell any PRIME EDITION books for profit, and has the legal rights to keep any such profit or revenues completely for itself; A’ DESIGN AWARDS is not obliged to provide you any portion of revenues, or inform you about any sales numbers or performance indicators regarding PRIME EDITIONS sales, promotions or marketing. (94.12) A’ DESIGN AWARDS may publish itself or allow third parties to publish PRIME EDITIONS, sometimes under different names, whoever is publishing the PRIME EDITIONS is referred as the PRIME EDITION PUBLISHERS; A’ DESIGN AWARDS may license your design images to third parties or PRIME EDITION PUBLISHERS, including but not limited to large publishers in different countries to allow third-parties to publish your work in their publications that are derivative of PRIME EDITIONS. If PRIME EDITION PUBLISHERS publish your work in their publications, you extend the warranty and indemnity to these PRIME EDITION PUBLISHERS as well, as such you assume all responsibilities regarding your work’s publication including but not limited to any issues related to intellectual property rights, licenses and compliance with laws and you understand, agree and legally promise to indemnify both A’ DESIGN AWARDS and PRIME EDITION PUBLISHERS and withhold both A’ DESIGN AWARDS and PRIME EDITION PUBLISHERS free from any sort of harm and damages that may arise due to your active or passive participation in the PRIME EDITIONS program. (94.13) A’ DESIGN AWARDS and PRIME EDITION PUBLISHERS may provide you with but not legally obliged to provide you with review copies or print proofs of pages that show how your designs would be published; you understand and agree that such review copies or print proofs can be modified by A’ DESIGN AWARDS and/or PRIME EDITION PUBLISHERS at any time, without your information or consent, are subject to change, and final print versions may deviate significantly from what you have seen in review copies or print proofs, and you agree to accept all such unexpected changes in advance. (94.14) A’ DESIGN AWARDS and PRIME EDITION PUBLISHERS may list, but not legally obliged to list, your name as; co-author, co-publisher, editor, writer, author or publisher of any PRIME EDITION books in which your works are featured. (94.15) You allow A’ DESIGN AWARDS to provide, lease, rent, sell, share and/or transfer PRIME EDITION PUBLISHERS with any and all required licenses with regards to publishing, printing, promoting or advertising your work, without your explicit permission or approval, and without your consent or awareness, and without any fees or costs. (94.16) If PRIME EDITION PUBLISHERS asks you to sign any additional paperwork, you promise to provide such additional paperwork timely; you understand that not providing such additional paperwork or signatures may potentially result in your work not being included, published, promoted or advertised as part of the PRIME EDITION publication. (94.17) A’ DESIGN AWARDS and PRIME EDITION PUBLISHERS reserve the right to not publish your work in any PRIME EDITION at any time; even if you were communicated priorly that your work would be accepted and would be published in a PRIME EDITION, both the A’ DESIGN AWARDS and PRIME EDITION PUBLISHERS reserves the right to not publish your work, without providing you any explanation, or without informing you, for any reason, at any time; your work could be taken out of the publications any time for any reason and without informing you and if this happens, if for whatever reason your work is not published, regardless if you were informed or not, you agree and understand that you will not take any legal action against A’ DESIGN AWARDS and PRIME EDITION PUBLISHERS, you would keep this situation confidential, and you would further not take any retaliatory action and you legally promise not to seek any damages, not to seek any compensation, not to seek any money or not to demand any costs anytime for any amount. (94.18) A’ DESIGN AWARDS and PRIME EDITION PUBLISHERS are allowed to contact and reach out to you with regards to your PRIME EDITION prospects, publicity, promotion, advertising, participation or non-participation, at any time, in any medium, in any way.
205. In some cases, we might not adequately exploit any or all the rights and licenses you have assigned to us in this agreement, including but not limited to all rights, licenses and copyrights you have assigned to us for your data, including but not limited to images, videos, text, intellectual properties and other Content; our failure to exploit such rights, copyrights and licenses you have assigned to us does not mean that we forego using such rights, copyrights and licenses in the future; you explicitly state that the agreement shall not be dissolved even if we do not exploit the rights, copyrights and licenses assigned to us, adequately or at all; you give up and waive any and all rights to dissolve this agreement in regards to our non-adequate exploitation of your rights, copyrights and licenses.
206. You agree and promise to remove all Digital Rights Management (DRM) mechanisms from your Content that you upload to A’ DESIGN AWARDS. You further agree and promise to remove all metadata from your data, including but not limited to images, videos, text, intellectual properties and other Content. You give A’ DESIGN AWARDS explicit permission to automatically remove any metadata or DRM mechanisms from your Content. A’ DESIGN AWARDS may decide to keep any DRM mechanisms and metadata regarding your Content at its sole discretion, without asking your permission or without informing you, and without any obligations towards you.
207. To the extent permitted by law, you further agree and permit A’ DESIGN AWARDS to reverse engineer, strip, remove and disable any Digital Rights Management mechanisms and metadata regarding your data, including but not limited to images, videos, text, intellectual properties and other Content at its sole discretion, without asking your permission or without informing you, and without any obligations towards you.
208. A’ DESIGN AWARDS is explicitly given permission to publish and make publicly available your Content with or without implementing any Digital Rights Management mechanisms or metadata, at its sole discretion, without asking your permission or without informing you, and without any obligations towards you.
209. You agree and promise not to exercise your moral rights regarding any Content you provided or uploaded to A’ DESIGN AWARDS against A’ DESIGN AWARDS as well as A’ DESIGN AWARDS parties, A’ DESIGN AWARDS affiliates, A’ DESIGN AWARDS partners, A’ DESIGN AWARDS managers, A’ DESIGN AWARDS owners, A’ DESIGN AWARDS staff, A’ DESIGN AWARDS shareholders, A’ DESIGN AWARDS employers and A’ DESIGN AWARDS employees.
210. You agree and promise not to exercise your personality rights regarding any Content you provided or uploaded to A’ DESIGN AWARDS against A’ DESIGN AWARDS as well as A’ DESIGN AWARDS parties, A’ DESIGN AWARDS affiliates, A’ DESIGN AWARDS partners, A’ DESIGN AWARDS managers, A’ DESIGN AWARDS owners, A’ DESIGN AWARDS staff, A’ DESIGN AWARDS shareholders, A’ DESIGN AWARDS employers and A’ DESIGN AWARDS employees.
211. A’ DESIGN AWARDS, at its sole discretion, for any reason, at any time, may request and compel you to provide A’ DESIGN AWARDS with a physical, printed and duly signed document (“Declaration Document”) of your complete acceptance of these Terms and Conditions, together with your warranty to indemnify, defend, protect and hold harmless A’ DESIGN AWARDS. If you fail to supply such duly signed Declaration Document, A’ DESIGN AWARDS reserves the right to not provide you with any performance, benefits or services, remove your content and data, disqualify you from any programmes, awards or competitions, prevent your access to any of its services, disconnect you from any of its networks, stop you from accessing any of its systems and may delete your works or may conceal your works from public access, without any obligations towards you, at its sole discretion, without informing you or without requesting your permission. You warrant, represent, guarantee and agree to provide A’ DESIGN AWARDS with a valid Declaration Document within 72 hours upon request by A’ DESIGN AWARDS. If you fail to provide a valid Declaration Document in a timely manner A’ DESIGN AWARDS can charge your account for moving your designs to a concealed category and/or A’ DESIGN AWARDS could charge you for disqualification and/or A’ DESIGN AWARDS could charge you for late review. A’ DESIGN AWARDS may charge you "Forced Declaration Document Review" fee, up to 1000 Euro if your declaration document is tampered with, deviant, different or not compliant with our original declaration documents.
212. A’ DESIGN AWARDS, at its sole discretion, for any reason, at any time, may request and compel you to provide A’ DESIGN AWARDS with a physical, printed and duly signed document (“License Document”) that defines what Content is and indicates how A’ DESIGN AWARDS may use or exploit your Content, the License you provide to A’ DESIGN AWARDS, together with your warranty to indemnify, defend, protect and hold harmless A’ DESIGN AWARDS. If you fail to supply such License Document, A’ DESIGN AWARDS reserves the right to not provide you with any performance, benefits or services, remove your content and data, disqualify you from any programmes, awards or competitions, prevent your access to any of its services, disconnect you from any of its networks, stop you from accessing any of its systems and may delete your works or may conceal your works from public access, without any obligations towards you, at its sole discretion, without informing you or without requesting your permission. You warrant, represent, guarantee and agree to provide A’ DESIGN AWARDS with a valid License Document within 72 hours upon request by A’ DESIGN AWARDS. If you fail to provide a valid License Document in a timely manner A’ DESIGN AWARDS can charge your account for moving your design to a concealed category and/or A’ DESIGN AWARDS could charge you for disqualification and/or A’ DESIGN AWARDS could charge you for late review. A’ DESIGN AWARDS may charge you for "Addendum to License Document Review" fee to review any Addendum to License documents you have submitted. A’ DESIGN AWARDS may charge you "Bespoke License Review" fee to review any Bespoke License documents you have submitted. "Addendum to License Document Review" and "Bespoke License Review" fees are noted in Account Services page. A’ DESIGN AWARDS may charge you "Forced License Document Review" fee, up to 4000 Euro to review any of your License documents that are tampered with, deviant, different or not compliant with our original License documents. A’ DESIGN AWARDS may charge you "Forced License Document Review" fee, up to 4000 Euro to review any of your License documents that you indicated that “License includes an Approved and Agreed Addendum” when in reality, if your License does not include an License Addendum that is approved or agreed by A’ DESIGN AWARDS with the words “Approved and Agreed” written on them, together with signature of an authorized party and together with stamp of A’ DESIGN AWARDS. A’ DESIGN AWARDS may charge you "Forced License Document Review" fee, up to 4000 Euro to review any of your License documents that you indicated that "License does not include an Addendum" when in reality, if your License includes an Addendum. A’ DESIGN AWARDS may charge you "Forced License Document Review" fee equal to the amount as noted in noted in Account Services page, if you indicated "License includes an Unreviewed Addendum" or "License includes a Rejected Addendum".
213. A’ DESIGN AWARDS, at its sole discretion, for any reason, at any time, may request and legally oblige you to provide A’ DESIGN AWARDS with physical, printed and duly signed versions of any digital document of concurrence, proof, data or declaration you have fully or partially provided to, entered to, shared with, submitted to and/or agreed with and/or declared to A’ DESIGN AWARDS including but not limited to any sort of agreements, terms, conditions, terms and agreements, terms and conditions, declarations, affidavits, licenses, contracts, identity documents, identity details, citizenship identity, passport, certificate of incorporation, covenants, treaties, understandings, negotiations, deals, pledges, warranties, representations, guarantees, proof, evidence, depositions, records, commitments, bargains, obligations, pacts, commissions, compacts, concordats, conventions, engagements, handshake, indenture, liability, paper, mise, writ of right, indenture, promise and any other information, declaration or agreements (“Duly Signed Paper Documents”). You warrant, represent, guarantee and agree to provide A’ DESIGN AWARDS with any such requested Duly Signed Paper Documents within 7 days upon request by A’ DESIGN AWARDS. If you fail to supply such Duly Signed Paper Documents, A’ DESIGN AWARDS reserves the right to, but not legally obliged to, (a) not provide you with any performance, benefits, goods, experiences or services, (b) cease and desist communicating with you or decide not to provide you with any support, (c) remove, hide, conceal, archive, demote or delete your content, information, profile, listings and data (d) disqualify or exclude you from any of its services, benefits, performances, programs, prizes, contests, accolades, awards or competitions, (e) prevent your access to or reduce your access to any of its services, tools, devices and machines, (g) disconnect you from any of its networks, (h) remotely stop you from using, or request law enforcement to stop you from using, any of its software, programs, hardware, firmware, applications, devices and machine that you may have at you disposal or that you may have access to, (i) request refund of any payments made to you back to A’ DESIGN AWARDS, (j) request return shipment of any products, goods or deliveries made to you back to A’ DESIGN AWARDS, with the understanding that you would cover the cost of return shipment and insurance of such items as well as with the agreement that you would pay for any damaged goods, products or deliveries back to A’ DESIGN AWARDS, (k) cancel any ongoing refunds or payments towards you, (l) froze, delete, hide, cancel or demote your account, (m) legally compel you not to use any A’ DESIGN AWARDS identity elements, including but not limited to marks, quality seals, certificates, awards and similar, (n) and take action in court or use law enforcement to compel you to provide such required Duly Signed Paper Documents, with all law enforcement, legal, direct and indirect expenses of such action to be provided by you, without any obligations towards you, at A’ DESIGN AWARDS ’s sole discretion, without informing you or without requiring your permission. A’ DESIGN AWARDS may request as many as required Duly Signed Paper Documents from you without any limits. You warrant, represent, guarantee, declare and agree to provide A’ DESIGN AWARDS with all Duly Signed Paper Documents requested as fast as possible, complete and correct. If you fail to provide a valid Duly Signed Paper Documents in a timely manner A’ DESIGN AWARDS can charge your account for moving your design to a concealed category and/or A’ DESIGN AWARDS could charge you for disqualification and/or A’ DESIGN AWARDS could charge you for late review of your submitted documents. A’ DESIGN AWARDS may charge you to review “Duly Signed Paper Documents Review” fee, up to 1000 Euro per document page or per 2000 characters, whichever calculation results in higher fees to translate and verify your “Duly Signed Paper Documents”.
214. You agree and understand that if you visit spaces occupied by, designated for, assigned to, rented by or owned by A’ DESIGN AWARDS, including but not limited to permanent or temporary spaces, including but not limited to offices, warehouses, spaces, trade booths, pop-up stands, buildings or venues, or take part in A’ DESIGN AWARDS events and happenings including but not limited to trade shows, trade fairs, exhibitions, conferences, networking events, award ceremonies, gala-nights, competitions, seminars, meetings, opening ceremonies, celebrations, parties, as well as any events and happenings sponsored or co-organized by A’ DESIGN AWARDS, even if name of A’ DESIGN AWARDS is not mentioned explicitly and even if you are not notified in advance or at venue; your photos could be taken, your sound could be recorded, your video could be captured, your 3D data could be mapped and data regarding you and your likeliness could be collected, recorded, captured and saved in any medium in any way possible, without informing you or seeking your explicit consent, at any length or size. In regards to such captured data, 3D mappings, recordings, captures, photographs and metadata, you fully release and assign to A’ DESIGN AWARDS your personality rights and likeness; A’ DESIGN AWARDS is given and assigned all rights, without any compensation required, without any remuneration or obligations towards you, and A’ DESIGN AWARDS could exploit any such captured data, 3D mappings, recordings, captures, photographs and metadata at its sole discretion, in any way without informing you and seeking your consent or approval, and without explicitly mentioning your name, without referencing you or your work or your products. A’ DESIGN AWARDS is not legally obliged to but can, at its sole discretion; modify, filter, adapt, transform, trace, reproduce, reduce, enhance, upscale, improve, retouch, change colours, pitch and parameters of any such captured data, 3D mappings, recordings, captures, photographs and metadata, without informing you, without seeking your consent, at any time, in any way possible and save and publish such altered captured data, 3D mappings, recordings, captures, photographs and metadata. A’ DESIGN AWARDS is not legally obliged to publish or save any of your captured data, 3D mappings, recordings, captures, photographs and metadata; A’ DESIGN AWARDS can publish, unpublish, curate, filter, highlight, select, promote, demote, remove and delete any captured data, 3D mappings, recordings, captures, photographs and metadata at its sole discretion, without informing you or seeking your permission at any point, without any obligations towards you, at any medium.
215. By uploading or submitting any Content to A’ DESIGN AWARDS, including but not limited to images, photographs, text, audio, video, data, pdf documents, user-generated content, user interactions, metadata, search queries, usage data, 3d data, visualizations, metadata and other forms of media or information, you grant us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content for the purpose of developing, enhancing, or improving artificial intelligence, language models, generative pre-trained transformers (GPTs), machine learning systems, and other related technologies or applications (collectively, "AI Technologies"). You represent and warrant that you have all necessary rights, licenses, and permissions to grant us such a license and that our use of such Content does not infringe or violate any third-party rights, including but not limited to copyrights, trademarks, patents, trade secrets, privacy rights, or any other intellectual property or proprietary rights, or any applicable laws or regulations. We may share the Content you upload or submit to our platform with third parties, including but not limited to our affiliates, partners, contractors, or other entities, for the purpose of developing, enhancing, or improving AI Technologies. You acknowledge and agree that any data or information that you provide or generate through your use of our platform, including but not limited to user interactions, search queries, usage data, and other forms of data or information, may be used, analyzed, processed, or combined with other data or information for the purposes of developing, enhancing, or improving AI Technologies, as well as for providing, maintaining, or improving our platform and services.
216. You agree not to employ any automated tools or methods, including but not limited to web spiders, web crawlers, or other data extraction techniques, for the purpose of crawling, scraping, saving, or storing data from A’ DESIGN AWARDS, our networks and /or our web servers without our explicit written consent. Furthermore, you are expressly prohibited from using any data obtained from our website, whether through authorized or unauthorized means, for training AI models, particularly those related to image, video, and rich content creation and design. Should you wish to utilize any such tools or methods, you are required to obtain our written approval beforehand, which will be granted only if we expressly reply, "You are authorized to access our network for the next 7 days, and you must request re-authorization every 7 days and remain compliant with our other terms during this period, including refraining from creating denial of service scenarios due to excessive requests or otherwise causing harm to our network." - To request permission, please contact us at support@adesignaward.com. In the event that you use any automated tools or methods without our written consent, you acknowledge your breach of these terms and agree to compensate us as follows: 1 euro for each individual request related to unauthorized scraping and 1000 euros for each individual request related to unauthorized use of data for training AI systems in image, video, audio, 3d data or any other Content creation. Payment must be made within 30 days of receiving notice from us. Our decision not to seek payment for past unauthorized usage does not constitute a waiver of our right to seek payment for future violations. We reserve the right, in addition to any other available remedies, to block or terminate access to our web server for any user found to be in violation of this policy. This policy does not apply to major search engines and AI services, including but not limited to Google, Bing, OpenAI, and their affiliated AI services, provided that these services access our network in a responsible manner and comply with our other terms. Companies who obtain written consent to crawl the website legally must, upon request and within a reasonable timeframe, provide a comprehensive list of all pages they have crawled to assist in the calculation of costs. Companies that do not obtain written consent to crawl the website legally must, upon request and within a reasonable timeframe, provide a comprehensive list of all pages they have crawled to assist in the calculation of costs. Furthermore, such companies agree to cover our expenses related to investigation and discovery, as well as the costs of retaining legal counsel, cyber detectives, and technical staff to enforce our rights in court. Please be advised that unauthorized scraping and/or using our data for training purposes constitutes trespass to chattels, infliction of harm upon our network resources, and infringement of our intellectual property rights. In response to such actions, you agree to pay compensation at a rate that is one thousand times the costs incurred or the highest multiplier permitted by law, whichever is greater, in addition to covering our attorney fees, legal expenses, and the costs of cyber detectives and technical staff.
217. If A’ DESIGN AWARDS makes a payment to you, you agree to pay for any and all bank commissions, including but not limited to any international or national wire-transfer, electronic fund transfer fees or costs that could be charged by our bank or your bank or intermediary banks or banking institutions or financial institutions or financial service providers. In case of chargebacks, A’ DESIGN AWARDS reserves rights to collect from you cost of such chargebacks plus a surcharge. Some of these charges, costs and fees could occur with delay, you agree that we could deduct or seek compensation from you, regardless of when such costs occurred or fees were paid.
218. A’ DESIGN AWARDS, at its sole discretion, reserves right to stop you from withdrawing money from your Account Balance, and reserves right to retain some or all funds in your account, for any reason including but not limited to cover liabilities, cover your due fees, for pending refunds, for pending chargebacks, for active disputes, for pending transactions, for commissions, for services, for pending escrows, for legal purposes, and for cautionary purposes, for example including but not limited to cases if you were displaying, showcasing, promoting, selling or providing services or products that are regulated, illegal, offensive or criminal which could or could not potentially lead to legal cases or intervention.
219. Users engaging with A’ DESIGN AWARDS through third-party entities, like Authorized Seller and Service Providers, are responsible for direct payment to A’ DESIGN AWARDS in instances of third-party payment default, must seek redress for any financial discrepancies directly from said third parties, and agree to indemnify A’ DESIGN AWARDS from any related claims or disputes, adhering to these stipulations as part of their participation agreement. 219.1. Third-Party Transactions and Liability: If you secure entry to A’ DESIGN AWARDS via a any payment made to a third party—including but not limited to payments for Nomination Ticket made to including but not limited to any kind of third party, A' Authorized Seller and Service Providers (ASPs), Affiliates, PR Partners, Authorized Agents, or any other entity promoting or selling A’ DESIGN AWARDS and associated services—please be acutely aware that these third parties are obligated to remit payment for such tickets and services to A’ DESIGN AWARDS in a timely manner. 219.2. User Liability in Case of Third-Party Default: In instances where these third parties fail to fulfil their financial obligations to A’ DESIGN AWARDS, you, the user, acknowledge that we reserve the right to add negative credits to your account or take any other remedial actions, at our sole discretion. This may include the disqualification of your work and/or demotion of your account status, even if payments have been made by you to the third parties. We may also ask you to pay any credits you owe us. 219.3. Double Payment and Recourse: Under such circumstances, wherein third parties’ default on their payments, you may be required to make payment directly to A’ DESIGN AWARDS, despite previous payments made to third parties. Any resultant double payment or financial discrepancy will need to be settled between you and the third party. Your recourse for reimbursement of any additional payments made due to third-party default shall be solely against the said third party. 219.4. Indemnification and Dispute Resolution: You hereby agree to indemnify A’ DESIGN AWARDS from and against all claims, liabilities, and expenses arising out of any third-party default. You agree that any disputes concerning payments or reimbursements in cases of third-party default will be addressed directly with the third party involved, and you expressly agree to refrain from bringing any claims, demands, or legal actions against A’ DESIGN AWARDS for such disputes.
220. If you download or use A’ DESIGN AWARDS software or if you use or have access to A’ DESIGN AWARDS connected devices, you agree and give us full permission to remotely and manually or automatically install, update or patch such software, devices or hardware via any method including but not limited to via automated firmware updates, software updates and security patches, and you further give us permission to download required data using your own connection at your own expense, and you allow us to install updates to the software, hardware or device where available, without any obligations or liabilities towards you, without seeking your consent or without informing you. You understand and agree that it is your sole responsibility to monitor any changes, updates and new installations to ensure your systems are secure and safe. You agree to take precautions and follow best practices including but not limited to using latest software, firewall and antivirus programs to protect your own systems from intrusions.
221. A' Design Award Pro-Edition / Professional Entry, Digital-Edition / Digital Entry, and Vision-Edition / Smart Entry do not have contractually obliged winner fees however please note that the Classic Edition / Industry Standard brings forward contractually obliged winner fees, which are noted in the price calculation fee. If you join Classic-Edition you will be legally required to pay the "winner fee", if you do not pay the "winner fee" within 7 days of your status announcement, your award status may be cancelled at our sole discretion, without asking for your prior consent or without informing you, and in any case your money will not be refunded or returned because our service ends once your work is voted. Moreover, the Pro-Edition gets the complete A' Design Prize without any contractually obliged "winner fee" i.e. there is no winner fee for pro-edition entrants, and Digital-Edition gets many items but no gala tickets, no yearbook, no physical exhibition (i.e. Digital Edition winners gets digital items of the A' Design Prize, without any contractually obliged winner fees), the Vision Edition gets a very limited subset of the A' Design Prize without contractually obliged "winner fees" and Vision Edition laureates can pay extra for each item in A' Design Prize as an add-on, on-demand service if they want to activate it, they are not obliged to activate any paid service.
222. For any and all editions (Pro-Edition, Digital-Edition, Vision-Edition and Classic-Edition, if you need the work to be published, you must provide us with license and declaration, we reserve the right to not publish or promote any work for which we do not have a written hand signed license, this is important for us.
223. Once again we would like to remind you that by using, visiting and accessing A’ DESIGN AWARDS, you agree to our terms and agreements noted above completely, without reservation, completely; You warrant and guarantee that you have read all the terms, accept all the causes and stipulations and You have all the necessary rights, complete power and authority to enter into this agreement and to satisfy your obligations and performance in respect to this agreement.