Terms for the platform 
graphic design

Last update: March 10, 2023

By registering as a client of 3Pod or using the 3Pod.co website, you agree to be legally bound by these conditions. Please read these terms of service carefully. 3Pod may change these terms at any time by updating this page. You should periodically visit this page to review these conditions, as they are binding on you. If you do not agree with ALL of these terms, you are expressly prohibited from using the site and must stop using it immediately.

Description of our graphic design services:

Our on-demand graphic design platform is an online service that provides users with the ability to request custom graphic designs according to their needs and preferences. Users can choose from a variety of design services, including logos, business cards, brochures, and social media advertising.


Graphic pieces to be designed:

In an unlimited on-demand graphic design service, a wide variety of graphic pieces can be designed, from simple designs to somewhat complex projects depending on the membership plan or service acquired. The following points apply to all types of graphic design or graphic design memberships purchased at 3Pod.


  • Users can choose from a variety of design services, limited to the maximum size of a letter-sized sheet per design, subject to certain restrictions (see Design Request Restrictions).
  • Users must provide very clear details and specifications about what they want to avoid errors and communication problems.
  • You can submit as many design projects as you want. Depending on your membership, work will be done on one or more of your projects simultaneously.
  • You will receive your first draft within 24 to 48 business hours.


Restrictions on design requests:

However, it is important to consider some restrictions of the service before requesting a project. Some examples of pieces that could be included in this service, along with possible restrictions, are:

  • Logos and Personal Branding: Logos and personal branding elements can be designed, with a limit of 3 maximum revisions per design from the client.
  • Business Cards and Corporate Stationery: Business cards and corporate stationery can be designed, but the number of elements that can be designed will be limited to 3 per request, with an estimated turnaround time of 48 to 72 business hours for these pieces.
  • Social Media Designs: Profile pictures, covers, and social media posts can be designed, with a limited number of designs according to the chosen membership plan. Single-design plans are limited to one piece per request.
  • Advertisement Designs: Online ads or advertising banners can be designed.
  • Print Designs: Flyers, brochures, catalogs, and other printed materials can be designed, with a maximum size of letter-sized paper per design.
  • Packaging and Product Label Designs: Simple packaging and label designs can be created. For more complex projects, a request can be sent to [email protected].
  • Banners and Advertising Posters: Banners and advertising posters can be designed, with a maximum size of letter-sized paper per design.
  • Presentation Graphics and Training Materials: Graphics for presentations and training materials can be designed, with a maximum limit of 3 letter-sized pages per request.
  • Illustrations and Graphics for Publications and Books: Illustrations and graphics for publications and books can be designed, with a maximum limit of 3 pages per request. You will receive your first draft within 24 to 48 business hours.
  • Infographics and Information Tables: Infographics and information tables can be designed, provided that the user provides all the required information and it fits within the size of a letter-sized paper.

These are just some ideas for pieces and restrictions that can be applied in an unlimited on-demand graphic design service. The variety and restrictions will depend on the needs and objectives of each client.


General Restrictions

  • 3Pod will not perform architectural, engineering, animation, or video game designs, as they require specialized skills and tools that may not be available in an on-demand graphic design service.
  • 3Pod does not support and will not tolerate its Service being used to discriminate against others, especially on the basis of race, religion, sex, sexual orientation, age, disability, ancestry, or national origin. You are not allowed to use the Service in a manner that incites, promotes, or supports such discrimination, and you must not use the Service to incite or promote hostility or violence. If we believe in our sole determination that your use of the Service is being used to discriminate, especially if based on race, religion, sex, sexual orientation, age, disability, ancestry, or national origin, we may terminate or suspend your access to the Service permanently or temporarily, without prior notice and liability for any reason.


Process of Requesting a Work Order:

To request a graphic design at 3Pod, users must go to the design section and complete the steps to place an order online, providing specific details about the desired design. Once their digital request has been submitted, a graphic designer will review the request and project requirements. If the user has the indicated service and the request is correct, the graphic design team will begin working on the requested design.


Intellectual Property Rights
Unless otherwise stated, the Site is our property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned by us or are controlled by us, or we have a license, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. No material may be copied, distributed, republished, downloaded, reproduced, shared, posted, or transmitted in any manner unless it is fully authorized by an authorized representative of 3Pod.


3Pod may grant permission to your organization to use materials on this Site at its discretion. Materials permitted for use may not be modified in any way, used for commercial purposes, decompiled or subjected to reverse engineering, have copyright/ownership annotations removed, or transferred to another person for "mirroring" or "duplicating" on any other server.


Non-Refundable Plans
The following plans are not eligible for refunds:

  • All monthly plans
  • Plans that are part of a sponsored program
  • Partnership programs
  • Promotional or gift programs


We have these policies in place to both protect the integrity of our service and to safeguard it from abuse. If you have any further questions, please feel free to email us at [email protected]


User Representation
By using the Site, you represent and warrant that:

  • All registration information you submit will be true, accurate, current, and complete.
  • You will maintain the accuracy of such information and promptly update such registration information as necessary.
  • You have the legal capacity and agree to comply with these Terms of Use.
  • You are not under the age of majority in the jurisdiction or country where you reside.
  • You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
  • You will not use the Site for any illegal or unauthorized purpose.

If you provide any information that is false, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the Site (or any portion thereof).

User Registration on 3Pod.
To acquire the service, you must create an account on 3Pod. You agree to maintain the confidentiality of your password and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change any username you select if we determine, at our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Disclaimer
The site is provided "as is" and "as available." You agree that your use of the site and our service will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations concerning the accuracy or completeness of the content of the site or the content of any website linked to the site, and we will not assume any liability for:

  • Errors, errors or inaccuracies in the content materials
  • Personal injury or property damage, of any nature, resulting from your access to and use of the site.
  • Any unauthorized access to or use of our secure servers and/or financial information stored therein.
  • Any interruption or cessation of transmission to or from the site.
  • Any bugs, viruses, trojan horses or the like that a third party may transmit to or through the site.
  • Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or made available through the site.

We do not guarantee, endorse, warrant, or assume responsibility for any product or service advertised or offered by a third party through the site, any website hyperlinked to, or any website or mobile application featured in any banner or other advertising.

Limitations
In no event shall 3Pod, nor any of our directors, employees, or agents, be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages. Notwithstanding any contrary provision contained herein, our liability to you for any cause whatsoever, regardless of the form of the action, will at all times be limited to $50 USD.

Dispute Resolution
Any legal action or proceeding initiated by you or us (collectively, the "Parties" and individually, a "Party") shall be commenced or prosecuted in the state and federal courts located in the United States, Fulton County, Georgia and hereby, the Parties consent and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. The application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) are excluded from these Terms of Use. In no event shall any claim, action, or proceeding by any Party related in any way to the Site be commenced more than 6 months after the cause of action arose.

Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, prices, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Site at any time, without prior notice.

Your Uploaded Content
Any text, documents, PDFs, images, videos, files that you upload to our server or send via email are considered "Your Content." All materials and content that you submit to us when creating your design request or projects remain your property. You are 100% responsible for all uploaded content and its use in the completed design. We do not provide any research on copyright, trademarks, or licenses when using your content. What you provide, we will use as is, and you will be responsible for the published work that 3Pod sends to you.

Responsibility for Your Content: You understand that you are solely responsible for your content. You represent that you have all necessary rights to your content and that you are not infringing or violating any third-party rights by posting it.

Permission to Use Your Content: By posting your content through our panel or sending it via email, you grant 3Pod a license to use it. 3Pod will never claim ownership of your content; however, we reserve the right to use both published and unpublished works on our website and in advertising materials. You will retain ownership of the exclusive rights to your content, and any license you hold will remain yours. You simply grant us permission to use it.

Rights Granted to 3Pod: By posting your content, you grant 3Pod a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, and perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and promote 3Pod.

Unauthorized Content Notification: If content that belongs to you or that you have rights to has been posted on the Services without your permission and you wish for it to be removed, please contact us via email. If your content infringes on someone else's intellectual property, we will remove it upon receiving proper notification.

Inappropriate, False, or Misleading Content: You agree not to post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or that violates any part of our Terms. You also agree not to post any content that is false and misleading or that uses the Services in a fraudulent or deceptive manner.

Fees and Refunds
You agree to pay the specified monthly fees in full during registration each month before 3Pod provides any service under this Agreement. Additionally, you agree to authorize 3Pod to automatically charge your method the fee on each anniversary of your registration date, according to your billing frequency (e.g., monthly, quarterly, annually). Your account and access to services and files may be suspended in case of non-payment of the corresponding fees. You represent and warrant to 3Pod that such billing information is accurate, up-to-date, and that you are authorized to make payment.

You may cancel our services at any time by contacting [email protected] or speaking with a representative. After cancellation, we will keep your logins and account active so you can access all previously submitted files until the end of your current billing period. 3Pod reserves the right to change our prices and offerings at any time without prior notice.

Qualify for a full refund within 7 days for any reason.

Ownership, Copyright, Trademark, and Provided FilesAll original design and source files created while enrolled with us are yours to retain and own. You must provide our designers with sufficient content and instructions to complete the work. All files submitted to 3Pod must be owned by you and must not be stolen from another entity. You are 100% responsible for all materials you submit to us for creating designs for you. Even in the completed design we send you, we are not responsible for any infringement of intellectual property rights.

You agree to indemnify, defend, and hold harmless 3Pod and its affiliates, officers, members, managers, agents, successors, and assigns (the "Indemnified Parties") from and against all claims, demands, liabilities, damages, and costs, including, without limitation, reasonable attorney's fees, arising out of or related to (i) your breach of any of the terms of this Agreement, (ii) your use of the services provided in accordance with the Site, and (iii) infringement of intellectual property rights or other proprietary rights.

Release of Completed Work
We adhere to a high standard of delivery and will never intentionally send final files with errors. However, in the rare event that you receive a file with errors, please notify us immediately, and we will do our best to make revisions quickly and resend it. 3Pod is not liable for any business loss or revenue resulting from errors in our design files. Please ensure to check the design before placing a print order or finalizing it for marketing.

Confidentiality

All communication between you and any representative of 3Pod is kept confidential. We will not disclose your private information or project information to unauthorized users.

Delivery Output
You can submit as many design requests as you like, and all requests will be stored in our management software and prioritized accordingly. Our team will work on one design at a time, including revisions. In order for us to move on to the next project, your current project must be fully completed and approved before we can move on to the next one. You can also pause or cancel a project if you no longer wish for that project to be completed. Pausing or canceling a project will instantly halt its production and allow our team to move on to the next project in line. Every project has a downtime to close the process or the project after 7 days of not hearing from the user.

Site Management
We reserve the right, but not the obligation, to:

  1. Monitor the Site for violations of these Terms of Use.
  2. Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including, without limitation, reporting such user to law enforcement authorities.
  3. In our sole discretion and without limitation, refuse, restrict access, limit availability, or disable (to the extent technically feasible) any of your contributions or any portion thereof.
  4. In our sole discretion and without notice or liability, remove from the Site or disable all files and content that are excessively large or in any way burdensome to our systems.
  5. Not access the Site through automated or non-human means, whether through a bot, script, or otherwise.
  6. Otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

Third-Party Websites and Content
3Pod has not reviewed, and cannot review, all of the websites linked to its website on the Internet. 3Pod is not responsible for the content of any such linked websites. The inclusion of any link does not imply endorsement by 3Pod. Use of any such linked website is at your own risk.

This site is not part of the Facebook website or Facebook Inc. Additionally, this site is not endorsed by Facebook in any way. FACEBOOK is a registered trademark of Meta Platforms, Inc. By using this website, you agree to be contacted by 3Pod Group LLC via email, phone calls, and text messages. Your privacy is essential to us, and we do not share any information with third-party sites or affiliated companies. You have the option to opt out at any time.

© 2020 - 2023. All rights reserved 3Pod Group LLC

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