Terms

Effective date: 2016. 12. 01.

Acceptance of terms

Please read these Terms of Use carefully before accessing or using this website “wisedesigner.com”  (“WiseDesigner”, “Site”, “we”, or “us”).

By accessing or using the Site, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection and use of your information as set forth in the our Privacy Policy. This Agreement applies to all visitors, users, buyers, and others who access the Site (“Users”).

If you don’t accept the terms, don’t use the Site.

We may change these terms at any time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use. You can keep track of whether changes have been made to our terms by referring to the version and effective date at the header of the terms. You can close your WiseDesigner Account and terminate your agreement with us at any time if you do not agree to the changes.

General

WiseDesigner is a creative application that allows users to browse external and internal products on WiseDesigner site, and allows buyers to purchase creative commons.

We may, without prior notice, change the WiseDesigner site; stop providing the Site or features of the Site, to you or to users generally; or create usage limits for the Site.

Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us. Neither you nor us can bind each other in any way. We are, however, an agent of the buyable products.

You need to be 14 years or over to browse the WiseDesigner site. We don’t knowingly collect any information from anyone aged 14 or under. When browsing the site you agree to follow our guidelines or instructions and keep in mind that these terms apply to any use of our site.

External Products

We collect free resources all over the internet and allow acces to our members. We don’t own these products.

Buyable Products

The purchasable items and theon WiseDesigner are owned by us.

Membership

When you create an account and accept these terms you become a member of our community. You will have a WiseDesigner account that will allow you to browse and also buy items like the ones found on the WiseDesigner site.

You need to be 18 years or over to become a member. If you’re under 18 you will need to use the account of a parent or legal guardian who is at least 18 years of age, with their permission, and this adult will be responsible for all your activities.

Membership is free. When you become a member you get a WiseDesigner account. Your membership will allow you to browse and buy items from us and generally contribute to our WiseDesigner site.

You promise that information you give us is true, accurate and complete and that you will keep your account information up-to-date (including a current email address). Your membership is not transferrable. You are responsible for any use of the WiseDesigner site that occurs in conjunction with your username and password so keep your password secure and don’t let any other person use your username or password. If you realise there’s any unauthorized use of your password or any breach of security you need to let us know immediately. WiseDesigner will not be liable for any losses caused by any unauthorized use of your account.

We strongly recommend that you don’t make your contact details public on the WiseDesigner or in any public communications via the WiseDesigner site. Contact details include your email address, street address, Skype name and phone number. If you do, it must not be for any reason prohibited under section “Prohibited Conduct” – and you do so at your risk.

By providing WiseDesigner your email address you consent to our using the email address to send you Site-related notices, including any notices required by law and other messages, such as changes to features of the Service and special offers.

Buying items

When you buy an item, you acquire the right to use that item; you’re not actually acquiring the item itself. What you get includes a license directly from us to use that item. Items are subject to specific terms of use, and these terms are the ‘license’ that we set on WiseDesigner. This license also applies to you if you download an item that someone else has bought for you (because anyone downloading an item needs to be an WiseDesigner member). Different license types are available for you to choose when you have selected an item. You’ll need to think about the way you want to use the item so that you can pick the right license to allow that use. It’s your responsibility to choose the correct license.

When you buy an item you will be redirected to a payment method provider.

You are responsible for all costs of currency conversion relating to your WiseDesigner account. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees).
This means that you may incur additional costs when purchasing from WiseDesigner, which we have no control over.

Terms of buying

When you buy a WiseDesigner item you’re doing so on the following terms:
a) you promise to us that you have carefully considered the suitability of your chosen license, and that you have chosen appropriately;
b) you cannot cancel a completed purchase of an item;
c) we do not promise that any particular item will continue to be available on WiseDesigner so you should download and save the item as soon as you buy it;
d) once you buy or download an item and the item has been paid for, you acquire a non-exclusive license to use the item under the terms set out in the license (non-exclusive means others might also license the same item);
e) we retain ownership of the item;
f) your relevant details may be provided to us in order to facilitate the transaction, for example for invoicing;
g) we have the right to enforce against you the terms of the license that you have acquired from us

Promises we make

we promise you that:
a) the item is of acceptable quality and fit for the purpose for which it is sold;
b) the item matches the description given by us on the item preview page, as well as any item preview;
c) they will honour any express promises given to you that are not contained in these terms;
d) we have the rights necessary to license that item on the terms of applicable license;
e) your use of that item in accordance with the terms of the applicable license does not infringe the intellectual property rights of someone else;
f) the item and its description are not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
g) the item and its description do not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
h) the item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.

Taxes

WiseDesigner is owned by Zsolt Czigler self-employer (registered in Hungary, TAX no. 67069347-1-22).

Items with an incorrect price or incorrect information

Despite our reasonable efforts, items may occasionally be listed at an incorrect price or with incorrect information. If this happens, we may cancel or reverse a transaction, even after it is completed and a payment has been processed. If we do this, we’ll promptly arrange for any payment to be refunded and you must not use the item unless you re-purchase it at the correct price.

Refunds

Given the nature of digital content, we do not offer a refund on a purchase unless one of the promises given by the author in section “Promises authors make” has been breached, or as required under relevant consumer protection laws. If you would like to request a refund you should contact us at hello(@)wisedesigner.net

We will assess refund requests on their merits, considering the digital nature of WiseDesigner items and the type of item preview that was available before purchase. There is generally no obligation to provide a refund in situations like the following:
– you have changed your mind about an item;
– you bought an item by mistake;
– you do not have sufficient expertise to use the item;
– you ask for goodwill;
– you can no longer access the item because it has been removed (we advise you to download items as soon as you buy them to avoid this situation).

If we decide to issue a refund, this will generally be done using the same manner used to make the purchase. It means that you will be refunded using the same payment method in reverse. Any payment made to you will be made in United States Dollar (USD), under the rules of the payment method.

If, as a buyer, you believe that we must make a refund, we advice you to contact us directly first instead of lodging a dispute with a payment agent. So we’ll try to resolve any concerns.

Fine print

We are not a bank or licensed deposit taker, and that means you don’t get the benefit of any deposit insurance or guarantee under any relevant law about banks. We don’t act as a fiduciary or as a trustee for you, and we’re not a licensed financial service provider.

Intellectual Property

We only own the buyable content and their demo content on the WiseDesigner. This includes the design, compilation, and look and feel of the WiseDesigner site, and copyright, trademarks, designs and other intellectual property on WiseDesigner. We own all the trademarks, logos, service marks and trade names on WiseDesigner (unless otherwise stated and excluding these things owned by others). You will not copy, distribute, modify or make derivative works of any of our WiseDesigner Content or use any of our intellectual property in any way not expressly stated in these terms.

We do not own the external items on WiseDesigner so we do not take responsibility for the quality, safety or legality of these items.

We own the buyable items and their demo content on WiseDesigner so we take responsibility for the quality, safety or legality of these items. We do promise that the items or any member content, code, data or materials available on or via the WiseDesigner do not infringe the intellectual property rights of a third party. All inquires connected with the items posted by us should be forwarded to hello(@)wisedesigner.net .

Copyright, trademark and intellectual property claims

We respect the intellectual property rights of others. If you believe that an item or member content infringes an intellectual property right (including copyright) please contact us.

Model and property releases

Items are available for commercial use (unless stated otherwise by us on an item page). We are responsible for obtaining and keeping a model or property release if one is needed.

Our use of your information

Privacy

We respect your privacy. When you become a member you will be asked to provide some information about yourself. This information may be used by us and contractors in connection with providing the WiseDesigner site and its services, including marketing activities.

Confidential Information

We value your information and take reasonable precautions to protect it. While we take reasonable steps to preserve the security of your information, please be aware that we can’t promise that your use of the WiseDesigner will be confidential, and we can’t promise that any information you provide to us is perfectly secure. While using the WiseDesigner, you may also become aware of confidential information about us or another member. You promise to not disclose any confidential information made available to you through the WiseDesigner to any other person.

Eligibility, suspension or termination

Membership is not an automatic right, it is a benefit for community members who follow our reasonable rules and treat other community members well. We may, using reasonable discretion, decide whether or not your use of WiseDesigner complies with these terms. We can suspend or terminate your WiseDesigner account at any time for any of the following reasons:
– if you breach these terms;
– if you act in a way that does not align with the values of our community; or
– if you act in a way that could cause us or members harm.

If we do decide to permanently terminate your WiseDesigner account you must not apply for a new account as you will no longer be welcome in our community.

Blocking a member, disabling an account or refusing to process a payment

We may block you, terminate your account or refuse to process a payment if we reasonably believe there is a risk associated with you, your account, or that payment, including if it breaches a law or regulation. Examples of where we might do this include transactions where we reasonably believe there is a legal or regulatory risk or a risk of loss being suffered by us or our members. We may also block members from a country if we can’t make payments to or from that country. You should check what payment methods are available in your country for making payments as a buyer. We may take any of the actions stated in this section without notice. If required by law we may forfeit existing deposits or earnings.

Prohibited Conduct

WiseDesigner is founded on the idea of community and like any functioning and healthy community, some things are not allowed and will not be tolerated. We aim to take a common sense approach to the general code of conduct on WiseDesigner but you promise that you will not:
– use a false email address, impersonate others, or misrepresent your affiliation with others;
– attempt to gain unauthorised access to computer systems or content through WiseDesigner;
– attempt to contact other members through the WiseDesigner or use any information gained from the WiseDesigner with the intention to make a private arrangement that would otherwise be made using the WiseDesigner;
– use information gathered from or through the WiseDesigner in a way that may confuse or mislead consumers (for example, automatically gathering information to set up a site that looks like our site);
– attempt to or actually interrupt, negatively impact or alter the WiseDesigner operation in any way;
– use the WiseDesigner or any of the content in a way that violates applicable law, that violates the intellectual property or other rights of us or others, or that is fraudulent, obscene, unprofessional, offensive, misleading or defamatory;
– modify, reproduce, display, publish, distribute, copy, transmit, perform, license, create derivative works from, transfer, or sell or re-sell any information, content, software, or item obtained from or through the WiseDesigner, other than in accordance with these terms or the license for the item.

Content removal

We can look at or remove any of your content for any reason at our discretion. Reasons might include quality assurance, if we receive a valid copyright take-down notice, if we think that the content is unauthorised, misleading, incorrect, offensive, or in breach of anyone else’s rights, or if we think that your use of the Yellow Images and any content might result in liability to us or anyone else.

Liability and indemnity

You indemnify us against all losses, costs (including legal costs on a full indemnity basis), expenses, demands or liability that we incur arising out of, or in connection with, a third party claim against us relating to your use of WiseDesigner and any content you post to WiseDesigner (including, if you are an author, your items).

If you are a buyer, you agree that we are not responsible for, and you release us from liability arising out of or in connection with your use of items from WiseDesigner.
We grant to each buyer a limited indemnity on the following terms:
– if another person makes a claim against a buyer that the buyer’s use of the item in accordance with the terms of the applicable license infringes the intellectual property or other rights of that third party; and
– if that buyer promptly notifies the author of the claim and gives the author the option to control the defense of the claim (at the author’s cost), then the author will indemnify the buyer against damages finally awarded by a court against the buyer or any settlement damages agreed to by the author regarding that claim.

The liability of us to the buyers is otherwise limited, for each item purchased, to our earnings from the payment for that item, except to the extent that tour liability arises from wilful misrepresentations made about the item. Our liability to you in connection with WiseDesigner or these terms, in contract, tort (including negligence) or otherwise, is limited as follows:
– we exclude liability for any of these things incurred by you: loss of revenue, loss of profit, loss of goodwill, loss of customers, loss of capital, damage to reputation, loss in connection with any other contract, loss of data, or indirect, consequential or special loss, damage or expense.

Availability

We strive to have WiseDesigner available to you 24 hours a day, seven days a week. However, occasionally you might not be able to access WiseDesigner, and this might happen for any reason, at any time, with or without notice, or at our absolute discretion. We might also change aspects of how WiseDesigner works. WiseDesigner will not be liable to you for any loss you suffer as a result of these things.

The site is provided on an “as is” and “as available” basis. Use of the site is at your own risk. To the maximum extent permitted by applicable law, the site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, yellow images, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that the site will meet your requirements; that the site will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the site is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is site at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the site.

Jurisdiction

Governing Law

We control and operate WiseDesigner from our office in Hungary. The laws of Hungary govern these terms, and you submit to the jurisdiction of the courts there for the resolution of any dispute between us.

The Site is controlled and operated from its facilities in Hungary. WiseDesigner makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable Hungary's and local laws and regulations, including but not limited to export and import regulations.

Consumer laws

In some places there may be non-excludable warranties, guarantees or other rights (‘non-excludable consumer guarantees’). We do not exclude, restrict or modify non-excludable consumer guarantees in these terms. Except for non-excludable consumer guarantees, we are bound only by the express promises made in these terms. Our  liability for breach of a non-excludable consumer guarantee is limited, at our  option, to replacing or paying the cost of replacing the relevant item or service, (unless the non-excludable consumer guarantee says otherwise).

Security

WiseDesigner cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Arbitration

For any dispute with WiseDesigner, you agree to first contact us at. hello(@)wisedesigner.net and attempt to resolve the dispute with us informally. In the event that WiseDesigner has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any WiseDesigner claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Baranya Megyei Békéltető Testület (BMBT). Each party will be responsible for paying any BMBT filing, administrative and arbitrator fees in accordance with BMBT rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party’s data security, intellectual property rights, or other proprietary rights. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and yellow images are each waiving the right to a trial by jury or to participate in a class action.

Contact

Please contact us with any questions regarding this Agreement. Any notice we send to you will be emailed to your WiseDesigner account email address.