Designer Agreement

The Designer Agreement is part of our site Terms of Service, and is an agreement between DigitalScrapbook.com, and any users with a "designer" role who upload content to the Graphics and Kits areas of DigitalScrapbook.com.

The important points of the Designer Agreement are:

  1. You give DigitalScrapbook.com the right to display/distribute the designs you upload.
  2. You keep ownership (copyright) of all original content that you upload.
  3. You agree not to upload anything that violates copyright or intellectual property laws (you should be the original creator of the designs you upload).
  4. You agree to be receive any payments as an independent contractor (you shall not be considered an employee of DigitalScrapbook.com).

The Designer Agreement

This Designer Agreement (this "Agreement") is made effective by and between DigitalScrapbook.com LLC, of 818 SW 3rd Ave #221-6209, Portland, OR 97204-2405 ("DigitalScrapbook.com") and any DigitalScrapbook.com user ("User") uploading content to DigitalScrapbook.com's website in a "designer" role.

RELATIONSHIP OF PARTIES
It is understood by the parties that User is an independent contractor with respect to DigitalScrapbook.com, and not an employee of DigitalScrapbook.com. DigitalScrapbook.com will not provide fringe benefits, including health insurance benefits, unemployment benefits, paid vacation, or any other employee benefit, for the benefit of User.

INJURIES
User acknowledges User's obligation to obtain appropriate insurance coverage for the benefit of User (and User's employees, if any). User waives any rights to recovery from DigitalScrapbook.com for any injuries that user (and/or User's employees) may sustain while performing services under this Agreement and that are a result of the negligence of User or User's employees.

CONFIDENTIALITY
User will not at any time or in any manner, either directly or indirectly, use for the personal benefit of User, or divulge, disclose, or communicate in any manner any information that is proprietary to DigitalScrapbook.com. User will protect such information and treat it as strictly confidential.

THE "CONTENT"
This agreement governs all digital content (the "Content") submitted to DigitalScrapbook.com by User, including but not limited to all text, images, graphics, designs, and any other digital content.

INTELLECTUAL PROPERTY RIGHTS
For all Content to which User holds intellectual property rights, user will retain intellectual property rights.

INDEMNIFICATION
User agrees to assume full responsibility for all Content they submit to DigitalScrapbook.com, and agrees not to submit any Content which violates or infringes upon third party copyright, intellectual property, trade secrets, or privacy rights.

User agrees to indemnify and hold harmless DigitalScrapbook.com from all claims, losses, expenses, fees including attorney fees, costs, and judgments that may be asserted against DigitalScrapbook.com that result from the acts or omissions of User, User's employees, if any, and User's agents, if any.

RIGHT TO DISTRIBUTE
User grants Pixel Scrapper, our affiliated companies and sublicensees a non-exclusive, transferable, sublicensable, worldwide license to use, store, display, reproduce, modify, create derivative works, perform, distribute, sell, and sublicense said Content for the purposes of operating DigitalScrapbook.com LLC.

SEVERABILITY
If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

APPLICABLE LAW
This Agreement shall be governed by the laws of the State of Oregon.