Terms of Service

This is an important document which you must read carefully when choosing whether to use the www.BuzzWorker.com website at any time. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern BuzzWorker.com relationship with you in relation to this website.

The term “BuzzWorker.com” or “us” or “we” refers to the owner of the website BuzzWorker.com (“site”). The term “you”, “your”, “user” or “users” refers to the user or viewer of our website (“service”). The term “customer” refers to the paying customer on the site and the term “designer” refers to the designers on the site.

1.General

1.1. Accepting the Terms and Conditions

If you do not agree to any of these terms and conditions you must stop the use of the site immediately. In order to use the Service, you must firstly agree to the Terms and Conditions.

You can accept the Terms and Conditions by simply using the Service. You understand and agree that BuzzWorker.com will treat your use of the Service as acceptance of the Terms and Conditions from that point onwards. If you sign up for BuzzWorker.com on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

1.2. ELIGIBILITY

In order to use BuzzWorker.com, you must:

  1. be at least eighteen (18) years old and able to enter into contracts;
  2. complete the registration process;
  3. agree to the Terms; and
  4. provide true, complete, and up to date contact information.

By using BuzzWorker.com, you represent and warrant that you meet all the requirements listed above, and that you won’t use BuzzWorker.com in a way that violates any laws or regulations. BuzzWorker.com may refuse service, close accounts of any users, and change eligibility requirements at any time.

2.Service

2.1. Design Contest

You may create a Design Contest (“Design Contest”, “contest”) at any time by creating a design brief (“Design Brief”), following the site instructions and paying the customer payment. The customer ("customer") refers to the person who is paying to launch a design contest and the designer ("designer") refers to the designer who enters that contest. Customers may add the guaranteed (“Guarantee”) upgrade to their contest at any time. For Guaranteed contests, the costumer must select one winning design concept (“Design Concept”) by a certain time specified by BuzzWorker.com. If the customer does not select a winning design after this time, BuzzWorker.com will distribute the Designer Fee equally among the Designers who have participated in the Design Contest, and the customer will have no right to a refund or use any of the design concepts. Customers will not be eligible for a refund with the guaranteed upgraded. If the customer does not guarantee the contest, the customer must select one winning design concept at the end of the contest. The customer may withdraw their contest at any time during the contest duration for a refund of the customer payment, but this is not applicable after the contest completes. If no winner is selected after 28 days of the contest end date, then the designer fee will be distributed equally among the designers and the customer will not be able to use any of the design concepts. BuzzWorker.com customers have no right or license to use any Design Concepts other than the sold design. Customer may not:

  1. Request or allow any designs to be submitted via any means other than the Design Contest.
  2. If you create a contest, you cannot create another Account to enter your own contest, nor can you award your entry the prize.

Customers also may not cancel any Design Contest for the purpose of contracting separately with a designer who the customer has met through the site, which results in customer avoiding paying BuzzWorker.com any customer payment or any fees and charges of BuzzWorker.com.

3.ACCOUNT

3.1. Account Creation

In order to use certain features of the Site, you must complete all mandatory fields in the account creation form. You undertake (i) to complete the account creation form with true and accurate information about yourself; and (ii) you will maintain the accuracy of such information. Failure to do so may result in your user account being suspended or removed. Upon completing the account creation form, you will be inactive until you have proven you are human by email verification. BuzzWorker.com may suspend or terminate your BuzzWorker.com Account in accordance with Section 3.5. You may not have more than one Account.

3.2. Account and Password

The user is responsible for the use of his/her user account, as well as the secrecy and regular changing of the password. The user account is not to be rented out, sold, lent or otherwise passed on to be used by another person or juristic person. You will immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.

3.3. Account Disputes

We don’t know the inner workings of your organization or the nature of your personal relationships, and we don't arbitrate disputes over who owns an account. You won't request access to or information about an account that's not yours, and you'll resolve any account-related disputes directly with the other party. We decide who owns an account based on the content of the emails in that account, and if multiple people or entities are identified in the content, then we'll rely on the contact information listed for that account.

3.4. Other Users

Each Site user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site users are solely between you and such user. You agree that BuzzWorker.com will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.

3.5. TERM AND TERMINATION

You agree that BuzzWorker.com may, under certain circumstances and without prior notice, immediately terminate your BuzzWorker.com account and/or access to the Site and/or Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Site (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) non-payment of any fees owed by you in connection with the Site. Termination of your account may include (x) removal of access to all offerings within the Site, (y) deletion of your information, files and Content associated with or inside your account, and (z) barring of further use of the Site. Further, you agree that all terminations for cause shall be made in BuzzWorker.com’s sole discretion and that BuzzWorker.com shall not be liable to you or any third party for any termination of your account or access to the Site.

4. License/Assignment

4.1. License

This section will apply if a Customer has purchased a Sold Design following a Design Contest. Upon receipt of payment for the Sold Design, the selling Designer hereby assigns to the Buying Customer all right, title and interest in and to the Sold Design and all IPR therein. Selling Designer cannot use the Sold Design for Selling Designer’s own purposes or sell or license the Sold Design to any other person.

4.2. Representations and warranties

Selling Designer represents and warrants that (a) it has all rights to grant the foregoing assignment or license (as applicable) and (b) selling designer represents and warrants that the Sold Design does not contain any IPR licensed from a third party. Selling Designer will indemnify and hold Buying Customer harmless, including costs and attorneys’ fees, from any third party claim arising out of a breach by the Selling Design of the foregoing warranty or any third party claim that the Sold Design infringes/misappropriates such party’s IPR.

You agree not to use the Site or Services with any User Content or to provide any products or services that (a) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libellous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) is in violation of any Laws, or obligations or restrictions imposed by any third party.

5. IMPORTANT DISCLAIMERS

5.1. Exclusions and Limitations

The information on this website is provided on an "as is" basis. To the fullest extent permitted by law, BuzzWorker.com:

  • Excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or our literature; and
  • Excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised BuzzWorker.com of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages; and
  • Excludes any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Site.
  • Excludes your interaction with other users as it is solely between you and such user and BuzzWorker.com will not be responsible for any loss or damage incurred as the result of any such interactions.
  • Excludes any disputes between you and any user, we are under no obligation to become involved.

BuzzWorker.com does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.

We make no warranties regarding the Design Contest, design concepts, any other product or services provided by designers, customers, or other users.

5.2. Release

You hereby release and forever discharge us (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future disputes, claims, controversies, demands, rights, obligations, liabilities, actions and causes of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site users, including customers and designers & Ads. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOUR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

6. Legal relationship between you and BuzzWorker.com

6.1. Relationship between users

The parties to a Design Contest are the Designer, Customer and BuzzWorker.com. BuzzWorker.com is a party to the Design Contest for only the purposes limited to (a) the arrangement of the virtual venue and hosting of the site to enable selection of designers and Design Contests, (b) ensuring payments completion as agreed between the customer and the designer.

6.2. User responsibility

You acknowledge and agree that BuzzWorker.com has no control over the quality, safety or legality of design concepts or content posted by members on our site, the truth or accuracy of design brief’s, and the ability of designers. We cannot ensure and do not guarantee that a registrant or browser of our site will act lawfully in using our site.

The responsibilities of the designer and customer are set out in the Services Agreement between designer and customer.

When you enter into a transaction you create a legally binding contract with another user(s). You are responsible for ensuring that you comply with your obligations to that other user(s). If you do not, you may become liable to that user(s). You must ensure that you are aware of any laws relevant to you as a customer or designer or laws for such other uses you make of our Site. If another Registrant breaches any obligation to you, then you, and not DesingGem.com, are responsible for enforcing any rights that you may have.

Except as specifically advised otherwise on our Site, BuzzWorker.com does not offer any form of insurance or other customer or designer protection which will assist you, because our Site merely provides the virtual venue and hosting of the site to enable selection of designers and Design Contests, ensuring payments completion as agreed between the customer and the designer and we are not otherwise involved in the interactions between buyers and sellers. Any disputes must be resolved between the buyer and the seller and we will not become involved.

6.3. Reporting Abuse

If you think anyone is violating any of these Terms, please notify us immediately. Please report it to our abuse team. If you think anyone has posted material that violates any copyrights, then you may notify us according to our Copyright Policy.

6.4. Privacy Statement

We are committed to protecting your privacy. Authorized employees within BuzzWorker.com on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorised actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible

You agree that you will only use the personal information of other Customers or Designers made available to you only for the purposes of interacting with them in relation to the Services. You must not use their personal information for any other purpose, including for marketing purposes. You represent and warrant that you will comply with applicable privacy laws and data protection laws in relation to the storage, use and transfer of personal information.

7. Your content

You grant BuzzWorker.com and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, and distribute your User Content on BuzzWorker.com solely for the purposes of operating, developing, providing, and using the BuzzWorker.com services. Nothing in these Terms shall restrict other legal rights BuzzWorker.com may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content and design concept for any reason, including User Content and design concepts that we believe violates these Terms or our policies.

You shall be solely responsible for your own design concept submissions and the consequences of posting or publishing them. In connection with design concept submission, you affirm, represent, and/or warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to use and authorize BuzzWorker.com to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all design concept submissions to enable inclusion and use of the design concept submissions in the manner contemplated by the site and these Terms of Service; and (b) you have the written consent, release, and/or permission of each and every identifiable individual person in the design concept submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the design concept submission in the manner contemplated by the Website and these Terms of Service. You agree that the design concept submission is not (a) unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libellous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (b) is in violation of any Laws, or obligations or restrictions imposed by any third party.

7.1. User conduct

You understand that all information, data, text, software, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, available in connection with the Site are the sole responsibility of the person from whom such Content originated. This means that you, and not BuzzWorker.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Site. BuzzWorker.com does not control or monitor the Content posted to the Site by others and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will BuzzWorker.com be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available on the Site.

You agree to not use the Site to: (a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a BuzzWorker.com official or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (e) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (g) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; and/or (i) intentionally or unintentionally violate any applicable local, state, national or international law. You specifically agree not to access (or attempt to access) the Site or the Content through any automated means (including the use of any script, web crawler, robot, spider, or scraper), and that you will not forge or manipulate identifiers in order to disguise the origin of any access (or attempted access) to the Site. You acknowledge that BuzzWorker.com may or may not pre-screen or monitor Content, but that BuzzWorker.com and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, monitor, refuse or remove any Content that is available via the Site. Without limiting the foregoing, BuzzWorker.com and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content available in connection with the Site, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge, consent and agree that BuzzWorker.com may access, preserve and disclose your User Data, Payment Method information and other 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 the Terms; (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 BuzzWorker.com, its users and the public. Subject to the foregoing, BuzzWorker.com will use reasonable efforts to maintain the confidentiality of your User Data and Payment Method information.

8. PAYMENT

8.1. Currency

Unfortunately at this moment in time BuzzWorker.com does not convert currencies via the site - this will be done when you click to pay.

8.2. Fees

BuzzWorker.com fees are posted on our site and may be changed from time to time. All fees will be assessed in Great British Pounds. All transactions are made and displayed in Great British Pounds.

Once a Design Contest is created the customer which created the contest will pay the customer payment. The term “customer payment” refers to the price in which the buying customer selected when creating the Design Contest and the “designer fee” refers to the customer payment minus the fees and charges imposed by BuzzWorker.com and minus any applicable taxes. Buying customer will not pay any designer outside the site in relation to the supply of a design, or of design services that relate to BuzzWorker.com.

BuzzWorker.com earns fees for creating, hosting, maintaining and providing the site and for all services delivered by BuzzWorker.com that cover all fees that BuzzWorker.com incurs to banks, PayPal and other payment processors. BuzzWorker.com will charge for the posting of Design Contest, Design Contest upgrades such as- hide the contest from search engines, hide design concepts from other users and any other miscellaneous fees that are described on the site.

8.3. Refunds

We’ll give the buying customer a refund for the following reasons:

  • The design sold is defective
  • BuzzWorker.com is required by law to do so
  • The Design Contest was found to be fraudulent
  • Any serious errors occurred which caused duplicate orders
  • BuzzWorker.com believes issuing a refund will prevent any disputes or prevent causing BuzzWorker.com any increased costs.

A defective design is defined as the following (i) the buying customer and the selling designer both agree, (ii) the design that is sold infringes any IPR and that BuzzWorkerBuzzWorker.com deems it serious.

Design Contest will be refunded if (i) the time of the request for the refund was made no more than 28 days after the Design Contest closed; (ii) the Design Contest was not guaranteed; (iii) and no winning designer has been selected. The term “Design Contest closed” refers to the stage in a Design Contest which designers no longer can participate in the contest.

You won’t be entitled to a refund from us under any other circumstances. We may offer a refund if a user applies for one based on the requirements posted on the site.

Refunds will be paid to the buying customer the same way in which the customer paid BuzzWorker.com.

8.4. Changes

We may change our fees at any time by posting a new pricing structure to our site and/or sending you a notification by email.

9. Site

9.1. Feedback you provide

We value hearing from our users, and are always interested in learning about ways we can make BuzzWorker.com more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, BuzzWorker.com does not waive any rights to use similar or related Feedback previously known to BuzzWorker.com, or developed by its employees, or obtained from sources other than you

9.2. Confidentiality

We are registered under the Data Protection Act 1998 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, hand-outs or copies of records as part of an agreed contract, for the benefit of both parties.

We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by BuzzWorker.com will only be in connection with the provision of agreed services and products.

9.3. Log Files

We use IP addresses to analyse trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within BuzzWorker.com on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.

9.4. Cookies

Like most interactive web sites BuzzWorker.com [or ISP] uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.

9.5. Links from this website

We do not monitor or review the content of other party’s websites or users which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. BuzzWorker.com will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.

10. Governing Law

These terms and conditions of use and your use of the services shall be governed by and construed in accordance with English law and the English Courts shall have exclusive jurisdiction in connection with all matters relating to these terms and conditions of use.

Products are controlled and operated from England, and we make no representations that they are appropriate or available for use in other locations.

11. Copyright Notice

Copyright and other relevant intellectual property rights exists on all text relating to DesignGen.com’s services and the full content of this website.

12. Communication

We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website.

13. Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.

14. Waiver

Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

15. Notification of Changes

BuzzWorker.com reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our web site 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis

These terms and conditions form part of the Agreement between the customers, designers and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.