IntroductionWe have created Guerra Creativa to provide a place for all designers in Latin America and the world to exhibit their designs, find new customers, make more money and be part of an active community of creatives beyond the workplace. In addition, we have created this website to attract clients and designers from around the world and provide them access to the most diverse and unique range of creative services. Like any community, we need rules to help us establish and maintain a professional and an interesting environment for designers and clients. For this reason, we have established these Terms and Conditions and the Design Transfer Agreement (see Agreement), which regulates the access to the website of Guerra Creativa (Guerra Creativa) and the use of the services provided by Guerra Creativa.
By registering on the website Guerra Creativa (Guerra Creativa) and clicking on the "Create Account" or similar button, you are admitting to having read and accepted the following Terms and Conditions (including conditions available through links) and the Design Transfer Agreement. Notwithstanding the above, any visit or use of the services available on this website implies and serves as confirmation that you have accepted and are subject to the Terms and Conditions of Guerra Creativa (including the terms available through links) and our Design Transfer Agreement, being linked to them.
Guerra Creativa reserves the right to change or modify the Terms and Conditions and additional provisions as well as the Design Transfer Agreement at any time in its sole discretion. Any visit or use of the Guerra Creativa website after such changes or modifications were made implies total acceptance.
Terms and Conditions
Guerra Creativa is a design outsourcing platform that offers online services related to the supply of designs in the form of contests.
Guerra Creativa does not intervene and is not part of the design contest. However, Guerra Creativa may exceptionally participate as a Client (Contest Holder) which is always explicitly stated.
The users of Guerra Creativa may use the services offered by Guerra Creativa as Clients (Contest Holders), Designers or both, in accordance with the provisions of the Terms and Conditions .
Client (Contest Holder): A person who starts a design contest to get a design created according to his/her specifications.
Designer: A person who creates a design in response to the request made by a Client (Contest Holder) and in accordance with his/her instructions, as part of a design competition.
Design Contest: The process whereby the Customer (Contest Holder) requests the submission of designs by the design community and ultimately chooses a winner.
Design: Graphic design or image created by a designer and submitted to a design contest.
Design Transfer Agreement: A document that establishes the terms and conditions governing the agreement between the Client (Contest Holder) and the winning Designer of the design contest.
Intellectual Property Rights: All rights comprising intellectual property of any type or class, with no temporal or geographical restrictions, including but not limited to all rights under copyright, patent rights, trademark rights or other doctrines similar, whether or not registered or eligible for registration.
Blind Contest: In a blind contest, designers are only able to view their own entries. They will still be able to see the star rating that appears in the bottom left-hand corner of each design, but they won’t be able to see any designs that aren’t theirs. Designers might prefer to compete in blind contests if they’re worried about other designers copying their ideas. A blind contest provides greater creativity and more original designs. All small website, Wordpress and landing page contests are blind by default. Once a contest is made blind, it will remain until the contest is finished. As the contest goes into the final stage, where the winner is selected, all entries will become visible to all designers.
By creating an account in Guerra Creativa, the user warrants and undertakes to:
- Comply with the conditions for registration set by Guerra Creativa and provide truthful and accurate information.
- Safeguard the confidentiality of data and the password of your user account.
- Keep only one account for the use of the services offered by Guerra Creativa. However, exceptionally and if necessary, an additional user may be requested, which will be permitted as long as, at the discretion of Guerra Creativa, the reason is legitimate.
- Provide all necessary identification documents to verify your identity, should they be required of you.
All users of Guerra Creativa services must be of legal age. By creating an account you warrant that you are of legal age and can enter into legally binding agreements in accordance with applicable law. Notwithstanding, if you allow a minor to use a user account, the holder thereof shall be liable for their acts, omissions or negligence and shall indemnify Guerra Creativa for costs, damages, losses and in general for any injury you suffer as a result of this situation.
If you create a user account and use Guerra Creativa services on behalf of your employer, both will be bound jointly responsible and liable. In addition, the holder of the account warrants that he/she is authorized to act on behalf of his/her employer.
Guerra Creativa may reject a user account in its sole and absolute discretion.
The owner of the user account may only use this site and the services provided by Guerra Creativa for lawful purposes and legally.
In particular you will not:
- Use another user account.
- Impersonate another person or user, in any form.
- Transfer, sell or sublicense the use of Guerra Creativa or your user account to a third party.
- Use your user account to promote services that compete with those provided by Guerra Creativa.
- Send or post material or offensive, defamatory, abusive, discriminatory, obscene comments or in contravention of applicable law.
- Harass or bully other users.
- Submit or use material that violates intellectual property rights, protected by trade secret or subject to proprietary rights of third parties.
- Send advertising, mass mailings, "spam", chain letters or any other unsolicited material.
- Send or deliver viruses or other files that may be harmful or detrimental.
- Initiate a false, deceptive or fraudulent design contest.
- Interrupt or cancel a design contest in order to avoid paying any commission and / or charges to Guerra Creativa.
- Modify, distribute, sell or trade any Site Content or remove Guerra Creativa data and information related to users.
- Impair or impede in any way, the normal and proper functioning of Guerra Creativa.
The holder of the account is solely responsible for maintaining the confidentiality and proper use of it. He/she is also responsible for all activities that occur under his/her username, even if conducted without his/her knowledge or consent. Guerra Creativa assumes no liability in this regard.
Guerra Creativa may disable, suspend or terminate any user account at any time if, in its discretion, the user has violated the provisions of the Terms and Conditions. Guerra Creativa may also, at its sole discretion, suspend or stop a project or transaction or take any other action it deems appropriate, in case of technical problems, illegal content or infringements of the policies and standards of Guerra Creativa.
Even when undertaking various versions of the winning design during the course of the competition, only the rights of the design chosen will be transferred. If the Customer (Organizer of the Contest) decides to buy one or all of the winning design variations, he/she should make an agreement with the Designer and Guerra Creativa will not be part of this agreement.
Guerra Creativa will not be part of the Design Transfer Agreement or any other agreement between the Organizer of the Contest (Contest Holder) and the Designer, and therefore will have no liability in connection with the performance or breach of such agreements.
- It is a peaceful community!
- Respect the Intellectual Property.
- Choose your words carefully.
- What do you think?
- When should I report?
- Why should I send comments?
- What do you think?
Guerra Creativa is a peaceful community and it is also a large global community comprising many different people. As in any democratic community, it is sometimes difficult to reach unanimous consensus, which is why, if you disagree with any aspect of the community, you must express it in a polite and respectful manner.
Designers strive to create original ideas and designs. Guerra Creativa is serious about protecting intellectual property rights. Do not use or post any content that does not belong to you.
By using Guerra Creativa, you have access to a global community platform, meaning that both the text and images posted on the site will remain online for all to see. So before you post, carefully select your words and make sure you are comfortable with the way it is presented to the community.
Do not be shy. Respectful, serious and constructive criticism helps designers improve their designs and Clients (Contest Holders) to get the designs they need.
Occasionally, you may find some content that is inappropriate or offensive or a copied design or something out of place. If so, report it to the Guerra Creativa support team using the feedback form or the "report" button found on different pages.
Guerra Creativa aims to grow and improve the application. If you have suggestions, please contact the support team of Guerra Creativa. It is also recommended that you remain aware of the status updates and new features on Guerra Creativa.
Rules for Clients (Contest Holders)
- Multiple contests for the same project.
- Make sure everyone is comfortable with your competition and that no one feels offended.
If you would like to get a multitude of designs (logo and stationery or web design and programming, for instance) created through Guerra Creativa, please contact the support team at email@example.com.
- Guaranteed Contests.
In Guerra Creativa, we want the Designers to feel a sense of security while participating in the competition and therefore we ask that the award money be deposited into an escrow account before launching the contest. This account will be managed by Guerra Creativa and Designers can feel confident that they will receive the award money at the end of the contest.
If you choose a non guaranteed contest and wants a refund of the money, You have 7 working days to decide. In this case, we will refund 100% of the amount paid for the contest.
Comments and Discussion
- Comment on the submitted designs.
Generally, the communication will take you much further and make it easier to work as a Client (Contest Holder).
Your comments will ensure you get the best design possible. Designers use this information to design and modify their work to meet your expectations. In addition, providing feedback is in your best interest because it enhances your reputation on the site and will instill confidence in the design community which will ultimately result in more design submissions for your contest.
- Guaranteed and Non Guaranted Contests.
- Abandon a contest vs. good reputation.
- End of a Contest.
- Fraud Free Environment.
Guaranteed Contest: If you’ve decided to offer a guaranteed prize, you’re guaranteeing to the design community that you will choose a winner, so your contest will not be eligible for a refund. Guaranteed contests attract more designers and more designs than non guaranted contests.
Non Guaranted Contest: If the you are not satisfied with the results then you will have 7 working days to request a refund of the money paid. If so, then Guerra Creativa will refund 100% of the money paid for the contest.
If you do not provide comments or feedback in the competition for more than 2 days, the designers will feel helpless and the commitment to the project will be seriously affected. Abandoning your competition will mean abandoning your image. If this happens your money will not be refunded.
The client must select a winner within 7 working days from the day the contest ends. If the Contest Holder does not select a winner in those 7 days, then a panel of experts designated by Guerra Creativa will choose the winner and award a design.
If for some reason the client cannot select the winner within those 7 days then we kindly ask you to communicate this to the support team via email on due time.
Guerra Creativa reserves the right to investigate if the contest is within the framework of the Terms and Conditions of Use of the platform. If fraud is suspected, we will withhold the award money while we investigate the claim. If Guerra Creativa is not satisfied with the information provided we may, at any time, appoint a panel of experts to select a winner who will then be given the award money. In this case, the money paid by the Client (Contest Holder) as award, commissions and other fees, is not refunded. Please carefully read the rules and regulations set forth in section: 6.2.4 Deserted or Canceled Contests.
The right to request a refund of money expires once the client chooses a winner.
Transfer of Intellectual Property
Once the Client (Contest Holder) awards and receives the winning design, intellectual property rights on this design are automatically transferred to the Client (Contest Holder), in accordance with the terms of the Design Transfer Agreement referred to in item 5, unless the Client (Holder of the Contest) and the Designer agree in writing otherwise.
Delivery of the Designs
- Confirm the files as received.
The final deliverables should be in the versions RGB & CMYK. The designer will provide all the necessary back-up files for the the different applications of the logo. The formats to deliver should be: AI, EPS, PDF, JPG, PSD. If any other format is required then the winning designer should be contacted directly.
After downloading the files you should confirm that you have received them in order to allow the award to the paid to the winning Designer. If we do not receive confirmation within 3 working days of the uploaded files, the system will automatically confirm receipt.
Rules for designers
- Choose carefully where you participate.
- Dealing with other Designers.
- Multiple Users.
- Creatives may only submit designs to contests that started after the date that they registered to Guerra Creativa.
Do you feel comfortable joining the contest?
What is the reputation of the Client (Contest Holder)? Has he/she created many contests in the past? How much feedback has he/she provided? Are there a lot of participants in the contest?
Keep these factors in mind before spending time and talent on any contest.
The competition must be kept in the contest. Whenever you want to communicate with other designers, the best way to do this is through private messages. We have created a community outside of the contests that will allow you to communicate in a private manner with other Designers.
Remember, reputation is everything in Guerra Creativa. Do not take any chances posting personal issues on your, or other’s, community base.
In Guerra Creativa we allow only one user per IP address which ensures that users of the community are genuine. You can request an additional user when necessary and we will allow it as long as, at the discretion of Guerra Creativa, the reason is legitimate.
Dealing with Contest Holders
- Be professional.
- Read the Creative Brief!
When you contact a Contest Holder you must act as if you were contacting a client. Be respectful, polite and professional. They will treat you the same way.
Read the brief carefully. The better you interpret the Client's (Contest Holder) instructions , the greater your chance to impress and win the contest.
Contest winners deliver quality designs and respect the Client's (Contest Holder) specifications as outlined in their Creative Brief.
If you do not understand something in the Creative Brief, or need more information, contact the Client (Contest Holder).
Provision of Design
If the designer is chosen a winner, he/she will upload the design files on the Guerra Creativa.com website in the required format and in accordance with Client (Contest Holder) specifications. The Client (Contest Holder) should download the files and confirm receipt through Guerra Creativa.com to enable the delivery of the award to the winning designer. If we do not receive confirmation within 3 working days of the uploaded files, the system will automatically confirm receipt for the Contest Holder.
- Payment Methods
The money of the award will be paid via Paypal.
We want the designers to feel safe and trust the dynamics, therefore we request the client to paid before launching the contest.
Guerra Creativa will deliver the award money after we receive confirmation by the client of the files provided by the designer. The money will be paid to the designer within 7 working days from the confirmation date of the received files. The designer will cover all transaction fees.
Intellectual Property Rights
- Have you changed your mind? You can withdraw your proposals.
- Intellectual Property Rights
- Transfer of Intellectual Property
- Upon receipt of the award winning design, intellectual property rights on designs are automatically transferred to the Client (Contest Holder) in accordance with the terms of the Design Transfer Agreement referred to in paragraph 5, unless the Client (contest holder) and the Designer agree in writing otherwise.
- There are strong penalties regarding plagiarism of ideas and are all expressed in the above items (Intellectual Property Rights 6.3.5).
- Other matters relating to Intellectual Property Rights
The Proposals belong to you and they can be withdrawn from the contest at any time, unless it has been declared the winner and you have been paid the prize amount.
The intellectual property rights of your designs belong to you. Guerra Creativa reserves the right to display the preview or use the design in promotions.
Clients (Contest Holders) cannot use your designs, or some derivative thereof, unless you have been paid the prize money. If you suffer a violation of your intellectual property rights, report it to us as soon as possible.
The published work must be your exclusive property and you must be legally entitled to publish it and to transfer its intellectual property rights. Published designs may not violate patents, copyrights or violate any other rights of third parties.
You cannot use works from image banks or other websites. All work must be original and published by you. In case of violating this rule Guerra Creativa may suspend or terminate the offending user's account, according to the seriousness of the case. All designs associated with the designer will be removed from Guerra Creativa.
Notwithstanding what is stated in the preceding paragraphs, violation of any rules outlined in this document may result with Guerra Creativa suspending or terminating a user account and his/her access to the website Guerra Creativa, with or without notice at any time in its sole judgment and discretion, if considered that the user has used his/her account in bad faith, for illegal or fraudulent purposes, illegally, defamatory, abusively or in any damaging or impairing way, of the normal and correct functioning of the site.
Also, Guerra Creativa may, at its sole discretion and at any time, re activate the services and the user’s account.
The information and data that Clients (Contest Holders) and the designers make public to other users may only be used for the purposes intended and authorized and in accordance with these Terms and Conditions.
Guerra Creativa users must comply with the laws of privacy and data protection for the storage, use and transfer of personal information.
Guerra Creativa is an independent provider of services and is not to be involved in cases relating to third party obligations.
By participating in a design contest, whether as a Client (Contest Holder) or Designer, you agree that Guerra Creativa - except when purchasing designs for its own use - is not part of the agreements concluded between the Client (Contest Holder) and designers, and therefore is not responsible for any act or omission of the parties or the performance or execution of their duties.
The use of the services provided by Guerra Creativa and the Guerra Creativa website is at the own risk and responsibility of the users thereof. The site and services offered by Guerra Creativa are provided "as is" and in the state in which they are without warranties or conditions of any kind. Guerra Creativa and its partners, employees, suppliers, consultants and agents are not responsible for the accuracy, content, availability, reliability and legality of the information, designs and other materials displayed on the website Guerra Creativa and the behavior of customers (Contest Holders), designers or others. Guerra Creativa has no control and does not guarantee the quality, safety or legality of the designs provided by the designers, the truth or accuracy of design competitions, the user information, the ability of the designers or the fulfillment of a transaction. Each Client (Contest Holder) and designer must ensure the implementation and enforcement of rights and obligations they have undertaken as a result of the agreements and the conditions and guarantees related thereto.
Guerra Creativa and its partners, employees, suppliers, consultants and agents cannot warrant the performance or results of the site. Nor is it possible to ensure continued safe access to the services since the operation of the site can be affected by factors beyond the control of Guerra Creativa.
Guerra Creativa and its partners, employees, suppliers, consultants and agents shall not be liable under any circumstances for any direct or indirect, incidental, consequential or special damages arising from the use of the site or the inability to access it and the interruption, suspension or termination of service.
Guerra Creativa and its partners, employees, suppliers, consultants and agents, to the extent permitted by law, disclaim and exclude all warranties, including but not limited to, marketing rights and non-infringement of intellectual property rights.
Users of Guerra Creativa and the website Guerra Creativa agree to hold harmless and indemnify Guerra Creativa and its partners, employees, suppliers, consultants and agents from and against any third party claim related to the use of the services provided by Guerra Creativa and the use of the Guerra Creativa website, including any liability or expenses related to claims, losses, damages, litigation, court costs and legal fees, of every kind and nature.
This Design Transfer Agreement governs the transfer and assignment of intellectual property rights of the designs created by a Designer for a Client (Contest Holder) through the Guerra Creativa website.
The terms in this Agreement shall have the definitions set out in section 2 ("Definitions") of the Terms and Conditions of Guerra Creativa.
Provision of Design
Designer agree to supply and deliver the winning design file to the Client (Contest Holder), in the required format and in accordance with the procedure established in Section 6.3.3. ("Provision of Design") of the Terms and Conditions of Guerra Creativa.
Intellectual Property Rights
Designer declares and warrants that the winning design is his/her exclusive property and is legally able to assign and transfer intellectual property rights.
He/She also declares and warrants that his/her design does not infringe patents, copyrights or violate any other rights of third parties.
Transfer and Assignment of Intellectual Property Rights
Upon receiving the award for the design declared the winner of Design Contest, the Designer assigns and transfers to the Client (Contest Holder), exclusive and irrevocable rights to all intellectual property that the designer has or may have in the future on the winning design.
The Designer shall indemnify the Client (Contest Holder) and Guerra Creativa for any loss, cost, expense or damage (including legal costs if any) that may suffer or incur as a result of a violation by the Designer of the provisions mentioned above.
Notwithstanding the above, Guerra Creativa and its partners, employees, suppliers, consultants and agents, shall be eligible for compensation clauses set out in section 5.5 above.