Please read these Terms (Our Rules) carefully. By using Dzyn Space or signing up for an account, you are agreeing to these Terms.
Please read these Terms (“Our Rules”) carefully. By using Dzynspace or signing up for an account, you are agreeing to these Terms, which will result in a legal agreement between you and Dzynspace (“Agreement”). We’ll start with the basics, including a few definitions that should help you understand these Terms. Dzynspace (“Dzynspace”, “we”, “our” or “us”) is an online graphic design platform (the “Service”) offered through the URLwww.dzynspace.co.nz or www.dzynspace.com (we’ll refer to it as the “Website”) that allows you to, among other things, to create files for posting on social media, web, newsletters, and creating graphic design files for any marketing or print campaigns as well as purchasing digital assets from our library. Dzynspace has employees, independent contractors, and representatives (“our Team”). As a customer of the Service or a representative of an entity that is a customer of the Service, you’re a “Member” (or “you”).
If you have any questions about our Terms, feel free to contact us at firstname.lastname@example.org.
In order to use the Service, you must:
be at least eighteen (18) years old and able to legally enter into contracts;
complete the registration process;
agree to these Terms (Our Rules); and
provide true, complete, and up-to-date contact and billing information.
By using the Service, you represent and warrant that you meet all the eligibility requirements listed above and that you won’t use the Service in a way that violates any laws or regulations. Note that by representing and warranting, you are making a legally enforceable promise.
Dzynspace may refuse service, close accounts of any users, and change eligibility requirements at any time and for any reason.
When you sign up for the Service and agree to these Terms, the Agreement between you and Dzynspace is formed, and the term of the Agreement (the “Term”) will begin. The Term will continue for as long as you have a Dzynspace account or until you or we terminate the Agreement in accordance with these Terms, whichever happens first. Entering your username and clicking the “Sign Up” button means that you’ve officially “signed” and have accepted our Terms. If you sign up for the Service on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms and enter into the Agreement on its behalf.
You or Dzynspace may terminate the Agreement at any time and for any reason by terminating your Dzynspace account or giving notice to the other party. We may suspend the Service to you at any time, with or without cause. If we terminate your account without cause, and your account is a paid account, we’ll refund a portion of your monthly payment. We won’t refund or reimburse you in any other situation, including if your account is suspended or terminated for cause, like a breach or any violation of the Agreement. If your account is inactive for 24 or more months, we may terminate the account. Once your account is terminated, you acknowledge and agree that we may permanently delete your account and all the data associated with it, including your templates, photos, and icons. These can be returned to you by letting us know at email@example.com. If your account has been terminated, the username will no longer be available for use on any future accounts and cannot be reclaimed.
We may change any of the Terms by posting revised “Our Rules” on our Website and/or by notifying you of the new Terms by sending an email to the last email address you gave us or displaying prominent notice within the Service. Unless you terminate your account within 10days of notification of the change has been provided, the new Terms will be effective immediately and apply to any continued or new use of the Service. We may change the Website, the Service, any new function or feature (and “Add-on”), or any features of the Service at any time, and we may discontinue the Website, the Service, Add-ons, or any features of the Service at any time.
Certain Services may be unavailable from time to time to permit maintenance or other development activity to take place. We will use reasonable efforts to advise on the Website in advance of any unavailability.
You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to and any activity occurring in such account (other than the activity that Dzynspace is directly responsible for that isn’t performed in accordance with your instructions), whether or not you authorized that activity. You’ll immediately notify us of any unauthorized access or use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords that are caused by or result from your negligence. We don’t have access to your current password, and for security reasons, we may only provide you with instructions on how to reset your password. We have the right to update any of your contact information in your account for billing purposes. In addition, you represent and warrant that all information you provide to us when you establish an account, and when you access and use the Service, is and will remain complete and accurate.
We don’t know the inner workings of your organisation or the nature of your personal relationships. You won’t request access to or information about an account that’s not yours. We decide who owns an account based on the content in that account, and if multiple people or entities are identified in the content, then we’ll rely on the contact and profile information listed for that account. In cases where differing contact and profile information is present, we’ll require you to resolve the matter through channels outside of Dzynspace.
When a dispute is identified, we may suspend any account associated with the dispute, including disabling login and sending capabilities, to protect the security and privacy of the data held within the account.
When you sign up for a Monthly Plan, you agree to recurring billing. Billing occurs on the same day each month, based on the date that you started the Monthly Plan. You may choose to close your account permanently at any time.
Our charges for Monthly Plans are on our Website and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same or closest date to the day you made your first monthly payment (the “Pay Date”). Payment is made for the following period (month or year).There is no credit or account facility.
You may use the Service instead of signing up for a Monthly Plan. This is explained on the pricing page of our Website. If you choose the Starter Plan, you’ll still be considered aMember, and other than the monthly payment requirement, all of these Terms will still apply to you.
As long as you’re a Member with a paid account, you’ll provide us with valid credit card information and authorise us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a valid one. If your credit card is automatically replaced with a new card by a payment processor, you acknowledge and agree that we’re authorised to deduct any charges on your account against the new credit card. Anyone using a credit card represents and warrants that they are authorised to use that credit card and that any and all charges may be billed to that credit card and won’t be rejected. If we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.
We’ll give you a refund for a prepaid month if we stop providing the Service and terminate your account without cause. You won’t be entitled to a refund from us under any other circumstances. We may, at our sole discretion, offer a refund if a Member requests one.
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email. Quoted fees don’t include sales or other transaction-based taxes of any kind. You must pay applicable taxes (if any) relating to any purchase.
You will respect our proprietary rights in the Website and the software used to provide the Service (proprietary rights include, but aren’t limited to, patents, trademarks, service marks, trade secrets, copyrights, and other intellectual property).
You represent and warrant that you either own or have permission to use all the material, content, data, and information (including your personal information and the personal information of others) you submit to Dzynspace in the course of using the Service. You retain ownership of any content that you upload to the Service. We may use or disclose your content (including any personal information therein) only as described in these Terms.
As a User of Dzynspace you have the right to use any Submitted Items that have been provided by Contributors to Dzynspace. Contributors have granted Dzynspace a right and license to (among other things) market, sublicense and sell Submitted Items uploaded by them subject to the terms and conditions of this Agreement. Submitted Item Where you purchase a sub licence for any Submitted Items you must comply with all usage restrictions associated with sub licences.
We may view, copy, and internally distribute Templates or Content in your account to create algorithms and programs (“Tools”) that help us spot problem accounts and improve the Service. We use these Tools to find Members who violate these Terms or laws and to study data internally to make the Service smarter and create better experiences for Members and their contacts.
17.1. Harmful Behaviour
Dzynspace doesn’t allow accounts with the primary purpose of promoting or inciting harmtoward others or the promotion of discriminatory, hateful, or harassing Content. To this end,we may suspend or terminate your account if you send a Template or otherwise distribute anyContent that we determine, in our sole discretion, contains either of the following:
Hateful Content. This means any statement, image, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination against others based solely on race, ethnicity, national9960322_6origin, sexual orientation, gender, gender identity, religious affiliation, age, disability, disease, or immigration status.
A Threat of Physical Harm. This means any statement, photograph, advertisement, or other Content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others.
We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:
an organisation that has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content or A Threat of Physical Harm;
a person that has publicly made a comment or statement, or otherwise publicly made known a position, including by membership in an organisation as discussed above, that could be reasonably perceived as Hateful Content or A Threat of Physical Harm; or
a person or organization that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content or A Threat of Physical Harm.
If you violate any of these rules, then we may suspend or terminate your account.
17.2. Prohibited Activities:
The following activities are prohibited:
Copying, distributing or otherwise dealing with Submitted Items in an unauthorised manner;
Attempting to interfere with or otherwise compromise the Services, in particular the security of the Services;
Using the Service or any Submitted Item for the purposes of illegal or social disruptive behaviour (as determined by Dzynspace in sole discretion);
Accessing unauthorised content via the Services;
Sending spam or other unsolicited content to other users; and
Using, transmitting, inputting or storing anything via the Services that breaches any third party right or is objectionable, incorrect or misleading.
If you think anyone is violating any of these Terms, please notify us immediately. If you received spam you think came from a Dzynspace Member, please report it to us at firstname.lastname@example.org. If you think anyone has posted material that violates any protectedmarks or copyrights, then you can notify us at email@example.com.
You may only use our bandwidth for your Dzynspace Templates and User Content. We provide image hosting only for your Dzynspace Templates and User Content, so you may not host images on our servers for anything else (like a website). We may throttle your sending or connection at our discretion.
You represent and warrant that your use of the Service will comply with all applicable laws and regulations.
If you collect any personal information pertaining to a minor and store such information within your Dzynspace account, you represent and warrant that you have obtained valid consent in relation to minor according to the applicable laws of the jurisdiction in which the minor lives, such as obtaining the required parental or guardian consent.
If you’re located in the European Economic Area, the United Kingdom, or Switzerland(collectively, the “EEA”) and/or distribute Templates or other Content through the Service to anyone located in the EEA (each such Member an “EEA Member”) you represent and warrant to Dzynspace that:
You will clearly post, maintain, and abide by a publicly accessible privacy notice on the digital properties from which the underlying data is collected that satisfies the requirements of applicable data protection laws, describes your use of the Service.
You will get and maintain all necessary permissions and valid consents required to lawfully transfer data to Dzynspace and to enable such data to be lawfully collected, processed, and shared by Dzynspace for the purposes of providing the Service or as otherwise directed by you.
You will comply with all laws and regulations applicable to the Templates sent through the Service, including those relating to (a) acquiring consents (where required) to lawfully send Templates, (b) the Content of Templates, and (c) your Template deployment practices.
You will provide and obtain all notices and obtain all necessary consents required by applicable data protection laws to enable Dzynspace to deploy cookies and similar tracking technologies (like web beacons or pixels) lawfully on and collect data from the devices of contacts and end users of the Service.
In addition, if you are an EEA Member, you acknowledge and agree that we have your prior written authorization to respond, at our discretion, to any data subject access requests wereceive from your contacts made under EU Data Privacy Laws, or, alternatively, we may direct any such contacts to you so that you can respond to the request accordingly.
You agree to indemnify and hold us harmless from any losses, including all legal fees and expenses, that result from your breach of this Section 20.
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Service, including any downloads from the Website. We and our Team won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they’re based on negligence or we’ve been advised of the possibility of those damages. In any calendar month, our total liability to you arising under or in connection with the Agreement—whether in contract, tort(including negligence), breach of statutory duty, or otherwise—will be no more than what you paid us for the Service the preceding month. We have no liability for your interactions with other users or for any acts or omissions of other users.
In addition, for the avoidance of doubt, in no instance will we or our Team be liable for any losses or damages you suffer if you use the Service in violation of our Acceptable Use Policy, regardless of whether we terminate or suspend your account due to such violation.
To the maximum extent permitted by law, we provide the Website and the Service as-is. This means that, except as expressly stated in these Terms, we don’t provide warranties, conditions, or undertakings of any kind in relation to the Website and/or Service and/or IP, either express or implied. This includes, but isn’t limited to, warranties of merchant ability and fitness for a particular purpose, which are to the fullest extent permitted by law, excluded from the Agreement. Since Members use the Service for a variety of reasons, we can’t guarantee that it’ll meet your specific needs. Use of the Services is entirely at your own risk.
We make no warranty that it will be secure or free from viruses or other harmful code. We and our team aren’t responsible for the behaviour of any third parties, linked websites, or other Members.
You agree to indemnify and hold us and our Team harmless from any losses, including legal fees and expenses that directly or indirectly result from any claims you make that aren’t allowed under these Terms due to a “Limitation of Liability” or other provision. You also agree to indemnify and hold us harmless from any losses, including legal fees and expenses, that directly or indirectly result from (a) your Content, (b) your use of the Service, (c) your violation of any laws or regulations, (d) your breach of any usage restriction in relation to any Submitted Item, (e) third-party claims that you or someone using your password did something that, if true, would violate any of these Terms, (f) any misrepresentations made by you, or (g) a breach of any representations or warranties you’ve made to us.
This agreement and any legal action will be governed by the laws of New Zealand. The New Zealand courts have jurisdiction and venue for any action in relation to this agreement and each of us waives any objection to jurisdiction and venue. However, in the event of the actual or threaten infringement, misappropriation, or violation of our intellectual property rights, we may pursue legal proceedings in any jurisdiction of our choosing.
Each of us agrees that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Service will be settled exclusively by binding arbitration, except that each of us retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of intellectual property rights. You acknowledge and agree that you are waiving the right to participate as a plaintiff in any purported class action or representative proceeding. Unless both you and we otherwise agree in writing, the arbitrators may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding
If we file an action against you claiming you breached these Terms and we prevail, we’re entitled to recover all reasonable legal fees, expenses, and any damages or other relief we may be awarded.
If you violate these Terms, then we may seek injunctive relief (meaning we may request a court order to stop you) or other equitable relief.
If we have to provide information in response to a subpoena, court order, or other legal, governmental, or regulatory inquiry related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
You may not assign any of your rights under this agreement to anyone else. We may assign, transfer, novate our rights and/or obligations to any other individual or entity at our sole discretion.
We won’t be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, acts of god, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, pandemic, nuclear accidents, zombie apocalypse, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers, or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
If it turns out that a section of these Terms isn’t enforceable, then that section will be removed or edited as little as required, and the rest of the Agreement will still be valid.
The fact that we wrote these Terms won’t affect the way the Agreement is interpreted.
Amendments or changes to the Agreement won’t be effective until we post revised Terms on the Website. If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under the Terms, and we may still take action at some point.
Because we have so many Members, we can’t change these Terms for any one Member or group.
You’ll provide all documents and take any actions necessary to meet your obligations under these Terms.
In the event of a security breach that may affect you, we’ll notify you of the breach once we have determined, in our discretion, that it occurred and will provide a description of what happened.
Any notice to you will be effective when we send it to the last email address you gave us.
The Agreement you’ve agreed to is between us in relation to its subject matter and supersedes all prior agreements, representations, and understandings.
Please contact us at firstname.lastname@example.org with any questions regarding this Agreement.