We collect personally identifiable information, like names, addresses, phone numbers, credit cards, etc., when voluntarily submitted by our visitors. This information is only used to fulfill your specific request unless you give us permission to use it in another manner.
DAY may use cookie and tracking technology for gathering information such as browser type, operating system, tracking the number of visitors, and understanding how visitors use our site. Personal information cannot be collected via cookies and other tracking technology.
We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation when: (1) permitted or required by law; or, (2) protect against, prevent actual, potential fraud or unauthorized transactions; or, (3) investigate fraud.
Your personally identifiable information is kept secure. Only authorized employees, agents, contractors, etc. have access to this information to fulfill your request for service.
DAY's web site constitutes the user's agreement to abide by these Terms and Conditions Policies. We may amend these Terms and Conditions at any time by posting them on this site.
When you visit DesignsAroundYou.com or send emails to us, you agree that all agreements, notices, disclosures and other communications that we provide to you electronically and vice versa satisfies any legal requirement that such communications be in writing.
This site contains copyrighted materials, trademarks, service marks and other proprietary information, including, but not limited to text, photos, graphics, images, etc. and the entire contents of the site (and the arrangement thereof) are protected by copyright and trademark laws. This notice reminds you that everything on the site is owned by DAY and protected by copyright as a collective work and / or compilations with the exception of works belonging to someone else. Unless otherwise noted, all service marks, trade names, logos, graphics are either registered trademarks or property belonging to DAY. These will be protected as our intellectual property whether they are registered or unregistered. DAY's content may not be reproduced, transmitted, displayed or distributed without the prior written consent from DAY. All Rights Reserved. The exception is free design items (i.e. free borders) displayed on DesignsAroundYou.Com in which prior written consent from DAY is not needed. However, all other rights to these free designs are reserved.
DAY grants you a limited license to access and make personal non-commercial use of this site, subject to these terms and condition. This site and any portion thereof may not be reproduced, duplicated, displayed, copied, downloaded, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent from DAY. You may not frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout and form) of DAY without the express written consent of DAY. The exception is free (i.e. free borders) items which are stated on DAY's web site in which written consent is not needed. However, all other rights to these free designs are reserved. You may not use any meta tags or any other hidden text utilizing DAY's name or Marks without the express written consent of DAY.
This site is provided by DAY on an as is and "as available" basis. DAY makes no representations or warranties of any kind, express or implied, as to the operation of this site, or the information, content or materials included on this site. You expressly agree that your use of this site is at your sole risk to the fullest extent permitted by applicable law. DAY disclaims all warranties, express and implied. DAY will not be held liable for any damages of any kind arising from the use of this site, including, but not limited to, direct, indirect, incidental, consequential and punitive damages. In no event will DAY be liable for any indirect, special, incidental, consequential, punitive, or exemplary damages arising out of, or in connection with, this agreement. You will not hold DAY responsible for the selection or retention of, or any acts, errors, or omissions by, any third party in connection with the agreement.
These terms are personal to you. You may not assign your rights or obligations to anyone. If any provision of these Terms and Conditions is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. These Terms and Conditions and all intellectual property issues and your rights and obligations shall be governed by the laws of the United States of America and the State of Wisconsin governing contracts wholly entered into and wholly performed within the State of Wisconsin. Any dispute arising under this Agreement shall be resolved in the state or federal courts of Milwaukee County, Wisconsin, and each party hereto waives any objection to venue and hereby submits to the personal jurisdiction of such courts.
Businesses as well as individuals will be able to advertise their products and services on DAY's web site. DAY does not endorse or provide warranties for any service or product that is being sold by a third party. You, as the buyer, is responsible for any third party purchase. The buyer is responsible for all contact with the third party. You will hold DAY harmless for any litigation or ill effects from any third party purchase that is not sold by DAY. DAY is not involved in any actual transactions between Sellers and Buyers and is neither the agent of nor has any authority to bind either party for any purpose. DAY will not be involved in resolving any disputes between participants related to or arising out of any transaction.
By listing an item for sale, you represent and warrant to all prospective Buyers that you have the right and ability to sell, the description is accurate, current and complete, and not misleading or deceptive. It is the responsibility of the Buyer to confirm such matters to Buyer's satisfaction prior to any transaction. It is the responsibility of both Buyer and Seller to negotiate and sign a legally binding agreement of purchase and sale that appropriately protects their respective interests.
It is the responsibility of the Seller and Buyer to determine whether sales or use taxes apply to a transaction and to collect, report and remit the correct tax to the appropriate tax authority. You agree that DAY shall have no responsibility or obligation with respect to sales or use taxes.
IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE DAY (AND DAY's AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Links from this site to other web sites unaffiliated with DAY are provided for your convenience. These outside links do not imply DAY's endorsement or sponsorship of any products or services that may be offered. DAY disclaims any responsibility for the content, suitability or accuracy of those sites. We reserve the right to refuse to link with companies and/or individuals whose web site or content allow, but not limited to (a) unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, inciting violence or infringes on our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so;(c) any trade secret of any third party; (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication, or engage in spamming or flooding (e) does not provide a reciprocal link to DAY (f) a click on your link will cause damage to a user's computer, download a software application(s), change a user's settings, or create a series of multiple, sequential stand-alone advertisements (including by pop-up window or pop-under window (g) or any other reason deemed by DAY. DAY reserves the right to edit any description of services. DAY also reserves the right to remove your link for any reason.
This section defines the payment terms and conditions of our working relationship. All projects or services that Designs Around You® (DAY) may be contracted to produce or provide for CLIENT will be subject to the following:
Concept revisions, extensive alterations, or a switch in marketing objectives sometimes makes it impossible to accurately estimate in advance the total cost of a project. Any canceled project is billed only through phases and/or portions of phase that were actually completed by DAY. For each project, CLIENT will receive a proposal/estimate outlining the project specifications and our proposed scope of service and working/billing phases. Each proposal estimate will contain a project budget, which includes estimated fees for professional services and itemized costs for anticipated out-of pocket expenses
All estimates are valid for normally 14 days from date on estimate. CLIENT requested changes will incur additional fees. The CLIENT will be notified of any price changes. Estimates are based on a reasonable time schedule, and may be revised to take into consideration your "Priority Scheduling" request..
Fees for professional services do not include outside purchases such as, but not limited to, printing, photography, laminating, illustrations, shipping and handling or courier service. Expenses are subject to Wisconsin sales tax unless 1) you are a nonprofit organization; or 2) the work is for resale and you have submitted a resale certificate to DAY. If consultant or supervisory services are required in out-of town-locations, we will bill lodgings, meals, and transportation. Reimbursement for mileage is calculated at current allowable rates.
If new work requested by CLIENT after a proposal/estimate has been approved is considered a revision or alteration. DAY will submit a revised cost estimate or additional fees for your approval. After project is completed, additional alterations and changes are billed at standard rates.
CLIENT agrees to exercise due diligence in its direction to DAY regarding preparation of materials and must be able to substantiate all claims and representations. You are responsible for obtaining permission to use trademarks, service marks, copyright materials and other intellectual properties. You are also responsible for arranging, prior to publication, any necessary legal clearance of materials we prepare. A copy of these approved materials must be submitted to DAY before project is completed.
All materials or property belonging to the CLIENT, as well as work performed, may be retained as security until all just claims against the CLIENT are satisfied.
Once a project has been fully paid for by the CLIENT, DAY will assign the reproduction rights of the design for the use(s) described in the proposal. The rights to all design and art work, including but not limited to photography and / or illustration created by independent photographers or illustrators or stock photography purchased on your behalf remain with the individual designer, artist, photographer or illustrator, copyright and intellectual owner.
The term of this agreement will continue until terminated by either party. If you should direct DAY at any time to cancel, terminate or "put on hold" any previously authorized purchase, we will promptly do so, provided you hold us harmless for any cost incurred as a result. Upon termination of this agreement, DAY will transfer to CLIENT all property and materials in our control for which CLIENT have paid. CLIENT will indemnify and hold DAY harmless for any loss or expense (including attorney's fees), and agree to defend DAY in any actual law suit, claim or action arising in any way from our working relationship. This includes, but is not limited to allegations made against DAY and any of its products and services arising from the publication of materials that we prepare and you approved before publication.
Schedules and timelines will be established and adhered to by both the CLIENT and DAY. If delays caused by a state of war, riot, civil disorder, fire, labor trouble or strike, accidents, energy failure, equipment breakdown, delays in shipment by suppliers or carriers, action of government or civil authority, and acts of God or other causes beyond the control of the CLIENT or DAY, neither DAY nor the CLIENT shall incur any liability, penalty or or held liable for additional costs incurred. Where schedules and timelines are not adhered to by the CLIENT, final delivery date or dates will be adjusted accordingly.
DAY reserves the right to display all graphic design services completed upon behalf of CLIENT in portfolios, advertisements, promotion campaigns for the sole purpose of advertisement for DAY services to potential customers.
The validity and enforceability of this agreement will be interpreted in accordance with the laws of the State of Wisconsin. If we must retain attorneys to collect our invoices, we will be entitled to reasonable attorney's fees, court costs, and interest at the maximum rate permitted by law. Any changes to this policy will be posted.
Any changes to this legal information, will be posted.
If you have any questions, you may contact us at:
Designs Around You, Inc.
P.O. Box 241195
Milwaukee, WI USA 53224-9028
Phone: (414) 355-0559
Fax: (414) 355-1742
LinkedIn: Designs Around You Company Updates