DesignFind Terms
Last updated as of October 2024
The DesignFind Site https://designfind.com (“Site”), is operated by ONE LINK SELLING INC (hereinafter “we”, “our” or “us”), a company registered under the laws of Delaware.
Please read our DesignFind Terms carefully. By using this Site or purchasing any of our Service, you agree that DesignFind Terms, together with all other terms, policies, statements incorporated by reference and other applicable terms (“Terms”), will become a legally binding agreement between you (or if applicable, the entity you are authorized to represent) and us., If you do not agree to any of the Terms, do not use this Site.
We may amend these Terms with or without notice, so please review these Terms frequently. By continuing to use this Site after any updated Terms become effective, you agree to be bound by the new Terms.
Section 1 Overview
You can post and download design files and related images (“Contents”), use our AImake AI tool to generate arts, communicate ideas in the forum, and use other services (collectively, “Services”) on or through the DesignFind Site, subject to our Terms.
You’ll need to create an account with us, and must be 18 years or older to use our Services.
Section 2 Contents
We offer Contents by ourselves, and we also allow certain users to upload and post their own Contents (“User Contributions”) available for other users. The Contents will be delivered in digital format and no physical product will be sent.
1. Categories. Both DesignFind Contents and User Contributions may fall in the following categories:
a. Free Assets: You may download and use for free.
b. Prime Assets: You may download and use by purchase (see Section 6).
2. License. Before you download and use any Content, please carefully read our Copyright Statement and each Content’s license description displayed on the “Details” page. By accessing each Content, you are entering into a license agreement under the selected terms and conditions of license with the Content owner. You shall only use the respective Content strictly in accordance with the license you are granted by Content owner. PLEASE NOTE that according to our Copyright Statement, you may use Prime Asset for personal and commercial use, but it is PROHIBITED to modify its integrity without Content owner’s prior permission, and it is PROHIBITED to resell or redistribute any Prime Assets or derivative works thereof in any form as a stand-alone digital file.
Section 3 User Contributions
1. General. The User Contributions can be in the form of XCS, JPG, PNG, PDF and/or any format supported by DesignFind Site. Any User Contribution you post to the DesignFind Site will be considered non-confidential. By providing any User Contribution, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.
2. Standards. You shall make sure the User Contributions you post must in their entirety comply with all applicable federal, state, and local laws and regulations. Without limiting the foregoing, User Contributions shall not:
a. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
b. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
c. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
d. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
e. Be likely to deceive any person.
f. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
g. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
h. Impersonate any person or misrepresent your identity or affiliation with any person or organization.
i. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
3. AIGC. If the User Contribution you post involves content generated by Artificial Intelligence, you shall follow our AI content policy.
4. Ownership and Intellectual Property Rights. You retain any and all Intellectual Property Rights in the User Contributions that you post. We do not claim ownership of the User Contributions. You are solely responsible for the User Contributions and assumes any and all risks associated with use of the User Contributions, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of the User Contributions by the User that makes the User or any third party personally identifiable. Unless we state otherwise in writing, you may not state or imply that the User Contributions is in any way provided, sponsored, or endorsed by us. By uploading and publishing User Contributions through the DesignFind Site, you represent and warrant that you have all rights, power, and authority necessary to further distribute, license, and/or sub-license the User Contributions to us and other users. Because you alone are responsible for User Contributions, you may be exposed to liability, if you post or share User Contributions without all necessary rights.
5. Storage. While we enable User Contributions to be uploaded to and stored using the DesignFind Site, we are NOT a data storage service provider. We will make reasonable efforts to safeguard and backup User Contributions and to make User Contributions available in case of loss or deletion. However, we do not guarantee that the User Contributions will not be damaged, modified or deleted. We have no responsibility or liability for the deletion, failure to store, or security of any User Contributions, including your User Contributions, and shall not be liable to you for any damage incurred as a result of the loss of uploaded data including, but not limited to, User Contributions. We are not obligated to backup any of the User Contributions and the User Contributions may be deleted at any time. You are solely responsible for creating backup copies of the User Contributions if you desire.
Section 4 No Warranty
The User You understands and agrees that User Contributions is created and/or published by Users of the Services. The User Contributions is in no way inspected, tested, or otherwise quality controlled by us. Hence, we provide no representations, guarantees, warranties, or indemnification as to the User Contributions and any damages resulting from the User’s use of User Contributions published through the DesignFind Site. For example, and without limitation, we provide no representations, guarantees, warranties, or indemnification as to the descriptions and labeling of User Contributions published through the DeignFind Site, or any factual, technical, and formal inaccuracies or errors. We provide no representations, guarantees, warranties, or indemnification as to the quality or flawlessness of the User Contributions and shall not be liable to any User for any damage incurred as a result of using User Contributions published through the DesignFind Site.
Any and all reports concerning defective content, including User Content, may be notified to us using the e-mail address designfind@xtool.com or reported using the "REPORT" button if available for a specific User Content or other User Content.
Section 5 Refund Policy
As all downloads are digital and there are no physical goods, we don’t offer any refunds. We don’t accept returns, exchanges, or cancellations for instant download items. However, if there’s any hiccups, please reach out! We're here to help and make your experience wonderful!
If you use our material and the recommended settings to print your design files and it doesn’t come out properly, we’ll issue a full refund.
Questions & Support:
Need help or have questions? Email us at designfind@xtool.com. We're here to ensure your experience is fantastic!
Section 6 Paid Transactions
1. You have the option to purchase credits ("Credits") in advance for Prime Assets or AImake AI service. Please note that Credits are non-transferable and will remain valid for the duration of your use of our services.
2. You may cancel your paid transactions at any time. Please note that payments are non-refundable, except when required by applicable law. These Terms do not supersede any mandatory local laws related to your cancellation rights.
3. Please be advised that our pricing is subject to change periodically. Prices are reflected on the purchase page at the time of transaction.
Section 7 Use of AI Service
1. General. We offer AImake AI, which includes, uses and is powered by Artificial Intelligence (“AI”) system, on our Site for users to generate images based upon text/image prompts and other information. You may use our AI service by consuming credits or by purchase. You are aware that use of AI is relatively new and still evolving, therefore the resulting images you generate could be arbitrary, and we cannot guarantee its suitability or appropriateness. You expressly acknowledge and agree that if the resulting image does not meet your expectation or requirement, or is automatically blocked from generation due to its inappropriateness, you are not entitled to claim for any refund of credits and/or cashes.
2. Prohibited Use. You may not use our AI Services to, or assist any other person to engage in the following conducts:
a. discover any underlying components of the models, algorithms, and systems. For example, you may not try to determine and remove the weights of models；
b. use web scraping, web harvesting, or web data extraction methods to extract data from the AI services;
c. Upload images or input in prompts to generate images that:
i. reasonable person could find obscene, lewd, lascivious, offensive, pornographic, indecent, vulgar, prurient, harassing, excessively violent, or to be a glorification or promotion of violence or a celebration of the suffering or humiliation of any person or class of people (whether living or deceased) (including but not limited to visible genitalia, bare breasts, fully-nude buttocks, depictions of suicide or explicit sexual activity, fetishistic content, bodily fluids, bestiality, or imagery that shows violent death or acts of torture);
ii. commit, promote, contribute to, encourage, facilitate, plan or incite sensitive or illegal acts, including but not limited to drug abuse, terrorism, political campaign.
iii. has any risk or possibility of exploiting, harming, or endangering the health or well-being of children or other minors, such as images of children in sexualized costumes, poses, or sexual fetishistic context, or which identifies, directly or indirectly, alleged victims of child sexual exploitation, or for the purpose of exploiting, harming or attempting to exploit or harm children in any way;
iv. exploit any vulnerabilities, offend human dignity or may otherwise be defamatory, libelous, harassing, threatening, embarrassing, disparaging, distressing, hateful - racially, ethnically, or otherwise - to a person or class of people, or which may be discriminatory towards a person’s or class of people’s race, religion, color, age, ethnicity, national origin, disability, physical, or mental characteristics, sexual orientation, gender expression, gender identity, family status, medical or genetic condition, personality characteristics, or physical appearance, including through the material distortion of the behavior of any such person or class of people in a manner that causes or is likely to cause that person or class of people physical or psychological harm; stalk, harass, abuse, mock, ridicule, intimidate, disparage, defame, threaten, defraud, or otherwise mistreat or harm any person or class of people.
v. intentionally misleading, false, or otherwise inappropriate or with the purpose of harming others, regardless of whether the content or its dissemination is unlawful.
vi. Infringe any intellectual property or other proprietary rights of any party.
d. use the AI Services in any way that violates any applicable national, federal, state, local or international law or regulation, and other applicable licenses or policies.
3. Liability. You are solely responsible for responding to any third-party claims regarding your use of the AI services in compliance with applicable laws (including, but not limited to, copyright infringement or other claims relating to content output during your use of the AI services). We reserve all rights to terminate our Service in the event of non-compliance.
4. Data Privacy. As part of providing the AI services, we will process and store your inputs to the service as well as output from the service, for purposes of monitoring for and preventing abusive or harmful uses or outputs of the service. Additionally, some portion of AI services uses technology provided by third party service providers. You acknowledge that any input you provide, including any personal data you choose to include within that input, will be shared with third party service providers we engage to enable functionality within the AI service. By using the AI service, you direct and consent to personal data you include in an input being transferred to third parties, which depending on where you reside, may not provide the same level of protection for your personal data.
5. Copyright. We do not claim ownership of the images you generated by our AI service. To the extent that generated images are copyrightable under applicable law and you receive the copyright, you hereby grant to us a perpetual, worldwide, non-exclusive, sublicensable, no-charge, royalty-free, irrevocable copyright license to use, reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute such images.
Section 8 Restriction of Use
You shall not yourself or through any third party conduct or attempt to conduct anything unlawful or inappropriate, including:
1. violating our Terms;
2. Infringe upon any person’s privacy or any other legal rights;
3. using the Site to defame, harass, threaten, menace or offend any person;
4. using the Site for unlawful purposes;
5. interfering with any user’s use of the Site;
6. tampering with or modifying the Site (including by transmitting viruses and using trojan horses);
7. using the Site to send unsolicited electronic messages;
8. using data mining, robots, screen scraping or similar data gathering and extraction tools on the Site; or
9. facilitating or assisting a third party to do any of the above acts.
Section 9 Copyright Infringement
1. Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the DesignFind Site infringe on your copyright, you may request removal of those materials (or access to them) from the DesignFind Site by submitting written notification to our official email address designfind@xtool.com. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
-Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the DesignFind Site, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the DesignFind Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
2. Counter Notification Procedures
If you believe that material you posted on the DesignFind Site was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (“Counter Notice”) by submitting written notification to our official email address designfind@xtool.com. Pursuant to the DMCA, the Counter Notice must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the DesignFind Site may be found) and that you will accept service from the person (or an agent of that person) who provided the DesignFind Site with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the DesignFind Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
3. Repeat Infringers
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.