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Our Terms And Conditions

IdentityCrowd is owned and operated by GeekFace LLC. IdentityCrowd.com (hereafter described as "IdentityCrowd" "Us" "Our" "We") provides the following terms and conditions for users ("You", "Your") of this site (IdentityCrowd.com).

By signing up as a client of IdentityCrowd or using the IdentityCrowd.com site, you agree to be legally bound by these conditions. Please read these terms carefully. Hatchise may change these terms at anytime by updating this posting. You should visit this page periodically to review these conditions, as they are binding to you.

Definitions used throughout this document and throughout the IdentityCrowd site, including any email generated by the IdentityCrowd site or IdentityCrowd Staff:
1. "Creative", "Designer", : An individual or business who submits creative material for sale on IdentityCrowd.
2. "Client:: An individual or business who purchases a design through the IdentityCrowd interface.
3. "Brand", "Design": A graphic design that has been posted for sale on IdentityCrowd..

You acknowledge and agree that IdentityCrowd.com shall have the right (but not the obligation) in its sole discretion, to pre-screen, refuse or remove any project and/or user provided content that violates these Terms and Conditions or is otherwise objectionable, including, without limitation, projects or content that is illegal, obscene, indecent, defamatory, incites religious, racial or ethnic hatred, or violates the rights of others. Activity that is brought to our attention which appears in our sole judgment to violate the law will be brought to the attention of the proper authorities. You acknowledge, consent and agree that IdentityCrowd.com may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of IdentityCrowd.com, its users and the public.

IdentityCrowd strives to be a family friendly site, and as such, retains the right to refuse and refund, at our discretion, any projects or content that is a. Explicitly Adult in nature, or deemed inappropriate by IdentityCrowd
b. illegal, obscene, indecent, defamatory, incites religious, racial or ethnic hatred, or violates the rights of other

Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing and except for payment obligations, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, power failures, or website outages.

1. FINANCIAL INFORMATION:

IdentityCrowd uses PayPal as our payment processor. We do not actually collect personal financial information (bank account or credit card information). Please go to the PayPal.com site to read their terms and conditions and privacy policy.

2. PERSONAL INFORMATION:

You are solely responsible for the privacy of the information used to login to your account and IdentityCrowd is not responsible in any way for misuse of your account or for payment being sent to the wrong person due to illegal access to your account by individuals using your login information. IdentityCrowd reserves the right to freeze or hold payment on any funds owed to your account due to suspicious activity.

:Your full name, Country, and Sex, bio (submitted by you) and website) may be displayed on IdentityCrowd on your profile, the rest of any registered information, such as address and phone number are used only for internal purposes by IdentityCrowd with the exception of the following: IdentityCrowd reserves the right to provide a Designer's registered contact information (including Full Name, Phone, Address etc.) to a client who has purchased a brand from that designer, once the Contest Holder has purchased the brand, this is intended to provide the Contest Holder the ability to contact the Creative if they wish to hire them for future work, or if any questions of Entry originality arise.

3. OWNERSHIP OF SUBMITTED DESIGNS:
Any submitted designs remains the full property of the individual who has submitted it unless thehas been purchased and payment has been made in full, with that exception at no time may anyone except the submitting designer use, save, modify or display the artwork without the express permission of the designer, with the following exception:

IdentityCrowd reserves the right to display any entry, winning or otherwise, in any advertising material (including the IdentityCrowd website) intended to promote the IdentityCrowd.com website, unless the submitting creative (or project holder if it is a winning design) has expressly requested in writing that the entry not be used in any such way.

4. CLIENT RESPONSIBILITY REGARDING PURCHASED BRANDS:
You agree that you will have no ownership whatsoever of any submitted creative material, until you have purchased a design and paid for it in full. At that time, the designer agrees (see section below) to transfer to you a royalty-free, irrevocable exclusive worldwide right to use "completed creative material" in any way whatsoever. The creative retains the rights to display the purchased design in their portfolio and advertising as an example of the work they do.

IdentityCrowd is simply the "middle man" between you and the Designers participating on the IdentityCrowd.com website. You hereby acknowledge that IdentityCrowd shall have no obligation or duty to perform trademark, service mark or copyright searches or inquiries, or the like, in order to validate the propriety or legality of any submitted entry. Accordingly, you are encouraged to perform your own independent searches with regard to any design before purchasing it. Furthermore, you acknowledge that IdentityCrowd shall have no responsibility or obligation of any kind to assist you in seeking state or federal intellectual property protection (i.e., without limitation, trademark or copyright registration) for the winning entry, nor shall IdentityCrowd be responsible for otherwise assisting you in any way in your attempt to perfect your rights in or to the completed entry. You also agree that IdentityCrowd is in no way responsible for assuring the originality of any creative work, and that it is your full responsibility to research all creative work received by you before using it in any way. IdentityCrowd is in no way responsible for any legal or financial difficulty of any kind incurred by using any design or service purchased through IdentityCrowd.

5. DESIGNER RESPONSIBILITY REGARDING DESIGNS:
You retain all rights to any submitted creative material that has not been sold. By uploading artwork to IdentityCrowd you agree that if a client makes payment of the requested amount for your design you will transfer to the contest holder a royalty-free, irrevocable exclusive worldwide right to use "completed creative material" in any way whatsoever, you (the designer) retain the rights to display the work in your portfolio and advertising as an example of the work you do. You also agree to carry out up to two rounds of "revisions" (changes to font/color/placement of the different elements of the logo via email for the client.

6. SUBMITTING DESIGNS TO THE SITE:
Designers: No designs may be submitted that you did not create 100% from scratch and are your own unique creation and contain (to the best of your knowledge) no copyright or trademarked images or symbols in them. The only exception to this would be if the Contest Holder has requested you to include a specific existing design that they hold the rights to in your entry. Submitting a design that does not follow the above requirements is reason for immediate account closure and indefinite freezing of any funds in the offending Designer's account.

7. REFUNDS:
Any money paid to IdentityCrowd is Non-Refundable.

8. CHARGEBACKS AND PAYPAL DISPUTES:
You agree not to file a chargeback or open a PayPal Dispute for any reason. Any PayPal Disputes or chargeback issues are turned over to an external collection agency and may be pursued to the full extent of the law.

9. PAYMENT FOR DESIGNERS:
Upon a submitted design being purchased, and successful uploading of the required files you shall have the total amount of the prize, minus the current "Admin Fee" (listed at http://www.IdentityCrowd.com/sell_your_brands.php) credited to your account with IdentityCrowd once thirty days have passed from the date of the sale. Unless otherwise agreed to by you and IdentityCrowd in writing (including by electronic mail), the full amount in your IdentityCrowd account shall be sent by IdentityCrowd on the 1st and 14th (or first business day thereafter if the date falls on a Weekend or US National Holiday) of every calendar month via the PayPal service. You must have a valid and current PayPal account to receive payment. In the event the Agreement is terminated, IdentityCrowd shall pay your earned balance to you within approximately ninety (90) days after the end of the calendar month in which the Agreement is terminated by you (following IdentityCrowd's receipt of your written request, including by email, to terminate the Agreement) or by IdentityCrowd. In no event, however, shall IdentityCrowd make payments for any earned balance less than the minimum amount allowable by the IdentityCrowd service. Notwithstanding the foregoing, IdentityCrowd shall not be liable for any payment based on: (a) any amounts which result from stolen or copyright winning designs, as reasonably determined by IdentityCrowd or any payment record that IdentityCrowd find to be fraudulent. IdentityCrowd reserves the right to withhold payment or charge back your account due to any of the foregoing or any breach of this Agreement by you, pending IdentityCrowd's reasonable investigation, or in the event that an Contest Holder who is responsible for the prize payment defaults on payment for the designs to IdentityCrowd. In addition, if you are past due on any payment to IdentityCrowd in connection with the IdentityCrowd Service, IdentityCrowd reserves the right to withhold payment until all outstanding payments have been made or to offset amounts owed to you in connection with the Service by amounts owed by you to IdentityCrowd. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Service. IdentityCrowd may change its pricing and/or payment structure at any time. If you dispute any payment made under the Service, you must notify IdentityCrowd in writing within thirty (30) days of any such payment; failure to so notify IdentityCrowd shall result in the waiver by you of any claim relating to any such disputed payment. Payment shall be calculated solely based on records maintained by IdentityCrowd. No other measurements or statistics of any kind shall be accepted by IdentityCrowd or have any effect under this Agreement. The payments made under this Agreement are for use by you only and may not be transferred or in any manner passed on to any third party unless expressly authorized in writing by IdentityCrowd (including by electronic mail).

IdentityCrowd reserves the right to manually verify your payment information before making payment. IdentityCrowd will make every reasonable effort to contact you via phone and email to verify your account using, among other methods, the verification of your birth date or the last 4 digits of your social security number. If you are unable to verify the records that IdentityCrowd holds the funds may be frozen and payment may be held until further verification is received, including, but not limited to photocopies of your drivers license. You agree that these IdentityCrowd is not responsible for any funds that are sent to an incorrect PayPal account.

10. NO WARRENTY:
IdentityCrowd MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO ADVERTISING, CODE, POSTS, EMAIL, OR OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE.

11. LIMITATIONS ON LIABILITY, FORCE MAJEURE
EXCEPT FOR ANY INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS HEREUNDER OR YOUR BREACH OF ANY INTELLECTUAL PROPERTY RIGHTS AND/OR PROPRIETARY INTERESTS RELATING TO THE SERVICE, (i) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND (ii) IdentityCrowd'S AGGREGATE LIABILITY TO ANY CREATIVES OR COMPANIES OUTSOURCING THEIR WORK TO IdentityCrowd.

IdentityCrowd IS NOT RESPONSIBLE FOR THE LOSS OR THEFT OF ANY PERSONAL INFORMATION OF PERSONS REGISTERED AT HTTP://WWW.IdentityCrowd.COM DUE TO THE IdentityCrowd WEBSITE, SCRIPT OR DATABASE BEING HACKED, DAMAGED, OR ILLEGALLY ACCESSED.

12. Miscellaneous Provisions

(a) Entire Agreement. These Terms and Conditions set forth the entire agreement and understanding of the parties with respect to the subject matter hereof and supersede any and all prior oral or written agreements and understandings, and any and all contemporaneous oral agreements and understandings (excluding any associated agreements required by IdentityCrowd (e.g., privacy policy) as a condition precedent to Clients' use of the Service), between you and IdentityCrowd regarding the subject matter of these Terms and Conditions.

(b) Amendment. No modification, amendment, or waiver of these Terms and Conditions or any part hereof shall be binding unless evidenced in writing and signed by IdentityCrowd.

(c) Severability. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be invalid, void, or unenforceable, then such provision shall be deemed null and void, but the remaining provisions shall continue in full force without being impaired or invalidated in any way.

(d) Mutual Participation. The language of these Terms and Conditions shall be deemed to be the language mutually chosen by the parties and no rule of strict construction shall be applied against or in favor of either party hereto.

(e) Headings. The section headings and other headings contained herein shall not affect the meaning or interpretation of these Terms and Conditions.

(f) Choice of Law; Forum. These Terms and Conditions shall be governed by the substantive law of the State of New York, without reference to any choice of law rules that would result in the application of the substantive law of any other jurisdiction. The parties agree that any disputes arising out of or relating to these Terms and Conditions shall be submitted to the federal courts having jurisdiction in Syracuse, New York, or state courts having jurisdiction in the area in which such federal courts have jurisdiction, and the parties consent to the personal jurisdiction of such courts with respect to such disputes.

(g) Assignment. You may not assign or otherwise transfer (by operation of law or otherwise) any of your rights or duties hereunder unless IdentityCrowd agrees in writing after receiving prior written notice. Any attempted assignment or other transfer without the requisite consent shall be null and void ab initio. IdentityCrowd may assign or otherwise transfer any of its rights or the performance of any of its duties without your consent.

(h) Waiver. The waiver by IdentityCrowd of a breach or a violation of any provision of these Terms and Conditions shall not operate as or be construed to be a waiver of any subsequent breach or violation of any provision of these Terms and Conditions.

(i) Independent Contractors. The parties and their respective personnel are and shall be independent contracts and neither party by virtue of these Terms and Conditions shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party.

(j) Force Majeure. If the performance of any part of these Terms and Conditions by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that such performance is prevented, hindered or delayed by such causes.

(k) Capacity. The parties hereby warrant and represent that they have all necessary rights and authority to execute these Terms and Conditions and to fulfill their obligations hereunder.

(l) Further Assurances. The parties hereto shall, at their own cost and expenses, execute and deliver such other documents, artwork, programming code and instruments and shall take such other action as may reasonably be required or appropriate to evidence or carry out the intent and purposes of these Terms and Conditions.

 

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Terms and Conditions