TERMS OF USE

BEFORE YOU CHECK THE BOX AND CLICK ON THE “I ACCEPT” BUTTON, CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY CLICKING ON THE “I ACCEPT” BUTTON OR USING THE WEBSITE (OR APP) IN ANY MANNER (INCLUDING BY CREATING A USER PROFILE), YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, PLEASE DO NOT USE OUR SERVICES. WE RESERVE THE RIGHT TO CHANGE THE TERMS OF THIS AGREEMENT IN THE FUTURE AND ANY CHANGES WILL APPLY TO YOUR USE OF THE WEBSITE AND APP AFTER THE DATE OF SUCH CHANGE. AS USED IN THIS AGREEMENT “APP” REFERS TO THE DESIGN VOID MOBILE APPLICATION WHETHER NOW AVAILABLE OR LATER DEVELOPED.

1. ACCEPTANCE OF TERMS

THE DESIGN VOID LLC, a New York limited liability company (hereinafter referred to as “Design Void ”, “we”, “our” or “us”), provides The Design Void App (the “App”) and this website, www.thedesignvoid.com (the “Site”), including all information, documents, communications, files, images, text, graphics, software, software applications, products and services available through the Site (collectively, the “Materials”) and all services (including the App) operated by Design Void and third parties through the Site and App (collectively, the “Services”), available for your use subject to the terms and conditions set forth in this document and any changes to this document that we may publish from time to time (collectively, the “Terms of Use” or “Agreement”).

We reserve the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at our sole discretion. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. You should periodically check these Terms of Use to view the then current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates.

We further reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Materials and/or Services (or any part thereof) with or without notice. You agree that, unless we have agreed otherwise in writing, we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Materials and/or Services (or any part thereof).

2. DEFINED TERMS FOR SITE CONTENT

All user-supplied (including designer-supplied) content, information, materials, photos, files, communications, documents, text and videos, including information provided by users for their profiles, are referred to collectively as “User Content.” “Our Content” or “Design Void Content” means all materials provided by us. The terms and conditions expressed in this agreement apply to all users and visitors of this Site and the App, and we may refer to all Site and App users as “you” or “your/s” in this Agreement.

3. USER ACCOUNTS

In order to access or to make use of the App, Materials and/or Services you may need to register and create a user account (an “Account”). We offer two types of user accounts: (a) Designer Accounts for designers, and (b) Non-Designer Accounts for individuals seeking design services from designers featured on the Site or App. By using the App, Site and/or setting up an Account you represent that you are of legal age to form a binding contract and are not a person barred from receiving our Services under United States or State law. You also agree:

  1. that you will not use an Account that is created by another user;
  2. that you will supply only complete and accurate information in registering for an Account;
  3. that you are solely responsible for the activity that occurs on and through your Account, that you will keep your Account password secure at all times, and that we will not be liable for your losses caused by any unauthorized use of your Account; and
  4. that if your Account has been compromised for any reason, you will immediately notify us of the security breach or unauthorized use of your Account.

We reserve the right to (a) take appropriate legal action against anyone who violates these Terms of Use; (b) in our sole discretion without notice and without limitation or liability, refuse, restrict access to or availability of, or terminate any user’s Account for any reason.

We may provide you with the ability to connect the App with your Facebook account, in which case you grant us the right to access your Facebook account information and integrate such information into your App Account.

4. MEMBERSHIP

  1. Designer Accounts. Upon setting up a Designer Account and providing valid credit card information, we provide you with free Account access for a two week period, unless such free access is extended with a valid promotional code. Following the free access period, unless you terminate your Account by sending a termination email to info@thedesignvoid.com, we will charge your card a monthly fee of $5 (plus applicable taxes, if any) per month until your Account is terminated. To avoid the monthly fee, you must terminate your account prior to the first day of your billing cycle.
  2. Non-Designer Accounts. Upon setting up a Non-Designer Account and providing valid credit card information, we provide you with free Account access for a two week period, unless such free access is extended with a valid promotional code. Following the free access period, unless you terminate your Account by sending a termination email to info@thedesignvoid.com prior to the expiration of your free access period, we will charge your card a one-time fee of $5 (plus applicable taxes, if any).

5. INTELLECTUAL PROPERTY; LIMITED LICENSE

The Materials and Services on this Site and the App, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site or the App may violate such laws and these Terms of Use. Except as expressly provided herein, we do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, assign, distribute, or create derivative works based on the App, the Site, its Materials, or its Services or their selection and arrangement, except as authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site or the App.

In addition to the Materials and Services offered by us, this Site and the App may also make available materials, links, information, products and/or services provided by third parties (collectively, the “Third Party Products and Services”). The Third Party Products and Services may be governed by separate agreements that accompany such products or services. We offer no guarantees and assume no responsibility or liability of any type with respect to the Third Party Products and Services. You agree that you will not hold us responsible or liable with respect to the Third Party Products and Services or seek to do so, even if we recommended the particular good or service. You further understand and agree that all dealings with individuals and entities accessed, introduced or referred through the Site is at your own risk. We do not screen our Site or App users (including the designers featured on the Site and App) and make absolutely no representations whatsoever about the trustworthiness, credibility, honesty or competence of any Site or App user. We are unable to vouch for the knowledge, abilities or competence of any designer accessible on or though the Site or App.

Except as expressly indicated to the contrary elsewhere on this Site, you may use, view, and download Our Content and User Content available on this Site subject to the following conditions:

  1. Our Content and User Content may be used solely for personal and internal purposes. You may not commercially exploit any of the Site content without express permission from us.
  2. Our Content and User Content may not be modified or altered in any way except by the user who submitted such content or by us.
  3. You may not remove any copyright or other proprietary notices contained in Our Content or User Content.
  4. We reserve the right to revoke the authorization to view, use and download Our Content and User Content available on this Site and App or any portion of them at any time, and any such use shall be discontinued immediately upon notice from us.
  5. The rights granted to you constitute a license and not a transfer of title.

The rights specified above to view, use and download Our Content and User Content available on this Site and App are not applicable to the design or layout of this Site and the App. Elements of this Site and the App are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

6. TRADEMARK INFORMATION

The trademarks, logos, and service marks, including the “The Design Void” trademark (the “Mark”) displayed on this Site and the App are the property of Design Void or other third parties. You are not permitted to use the Mark without the prior written consent of Design Void or such third party that may own the Mark.

7. LICENSE TO THE DESIGN VOID FOR USER CONTENT

Certain pages on the Site and App (including designer and non-designer profile pages) accommodate or require User Content. By submitting User Content to any area of the Site or App you grant us the following type of license: a perpetual, worldwide, royalty-free, non-exclusive license to modify, reproduce, distribute and publicly display such User Content for the purposes for which such User Content was uploaded. You agree that you will not submit any User Content to the Site or App that is in any manner infringing, untrue, or defamatory. Before submitting content or links from other websites you agree to review such sites’ terms and conditions to ensure that your activity on our Site does not violate such terms, and you agree to indemnify us to the extent that we are harmed because of your wrongdoing.

8. DIGITAL MILLENNIUM COPYRIGHT ACT

Our Site is committed to complying with U.S. copyright laws. The Digital Millennium Copyright Act (“DMCA”) provides a recourse for owners of copyrighted material who believe that their rights under U.S. copyright laws have been infringed on the Internet. Under the DMCA, copyright owners may contact the authorized agent of an Internet service provider to report alleged infringements of their protected works appearing on web pages hosted by the service provider. Upon receipt of a properly filed complaint satisfying the requirements of the DMCA, our Site will remove or block access to the allegedly infringing material, and may terminate the user’s Account as provided in this Agreement. If a person believes in good faith that a notice of copyright infringement has been wrongly filed, such person may submit a counter-notice to us. In any event, we shall not be made a party to disputes over alleged copyright infringement.

If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You may send the notification to info@thedesignvoid.com. It is our policy to terminate Accounts of repeat infringers in appropriate cases.

9. PROHIBITED COMMUNICATIONS

You may submit only User Content to or through the Site and App that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. As outlined in more detail below, you are prohibited from posting or transmitting to or from this Site and App any unlawful, threatening, harassing, libelous, offensive, (including any offensive language or suggestive content, as determined by us), defamatory, obscene, or pornographic materials, including any nude photographs or images, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Furthermore, if legal action is taken against us for your violations of these terms we will hold you liable for our losses resulting from your violation of these provisions or of applicable law, and you agree to fully indemnify us and to compensate us for any resulting losses and related legal costs incurred in defending ourselves because of your violation of these Terms of Use.

More specifically, you understand that you are entirely responsible for the content of, and any harm resulting from, your postings to or transmissions through the Site and App (your User Content). When you create or make available your User Content, you thereby represent and warrant that:

  1. the creation, distribution, transmission, public display and performance, accessing, downloading and copying of your User Content does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights of any third party;
  2. you have fully complied with any third-party licenses relating to your User Content, and have done all things necessary to successfully pass through to viewers any required terms;
  3. your User Content does not contain any viruses, malicious code or other harmful or destructive content;
  4. your User Content is not obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable, libelous or slanderous, does not incite, encourage or threaten immediate physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
  5. your User Content does not contain material that solicits personal information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any applicable child pornography law or otherwise intended to protect the health or wellbeing of minors;
  6. your User Content does not violate any applicable law designed to regulate electronic advertising;
  7. your User Content does not constitute, contain, install or attempt to install or promote spyware, malware or other computer code designed to enable you or others to gather information about or monitor the online or other activities of another party on or through the Site or App;
  8. your User Content does not contain any defamatory material;
  9. your User Content does not inundate the website with communications or other traffic suggesting no serious intent to use the website for its stated purpose; and
  10. your User Content does not otherwise violate, or link to material that violates, any provision of these Terms of Use or any applicable law or regulation.

10. USER CONDUCT & PROHIBITED ACTIVITIES

You may not access or use the Site or the App for any other purpose other than that for which we make them available. In using the Site and App, including all Services and Materials available through it, you agree to not engage in any prohibited activities. Prohibited activity includes, but is not limited to:

  1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, harassment, stalking, spamming, or copyright infringement;
  2. transmitting junk email to other users, other than transmissions expressly permitted on the Site;
  3. using any information obtained from the Site or App in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
  4. interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site or App;
  5. disrupting or interfering with the security of, or otherwise causing harm to, the Site or App, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or App; and
  6. using the Site or App in a manner inconsistent with any and all applicable laws and regulations.

11. MANAGING CONTENT AND COMMUNICATIONS

We reserve the right but do not have the obligation to: (a) monitor the Site and App for violations of these Terms of Use; (b) take appropriate legal action against anyone who, in our sole discretion, violates these Terms of Use; (c) in our sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s User Content or any portion thereof that may violate these Terms of Use or any policy of ours; (d) in our sole discretion and without limitation, notice or liability remove from the Site and the App (and related social media) or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; (e) terminate and delete Accounts (including information stored in connection with accounts) without liability to you; and (f) to otherwise manage the Site and App in a manner designed to protect the rights and property of Design Void and others and to facilitate the proper functioning of the Site and App. We make no representation that we will keep or save your User Content; all such content may be deleted by us in our sole discretion without liability. In addition, to the maximum extent permitted by law, we will have no liability related to User Content.

12. WARRANTIES AND DISCLAIMERS

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND US, THIS SITE AND APP, AND ALL MATERIALS AND SERVICES ACCESSIBLE THROUGH THIS SITE AND APP ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (I) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (IV) THE QUALITY OF ANY SERVICES OR MATERIALS OBTAINED OR ACCESSIBLE BY YOU THROUGH THE SITE OR SOFTWARE APPLICATIONS (INCLUDING ANY WORK PERFORMED BY DESIGNERS) WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SERVICES OR MATERIALS OBTAINED THROUGH THE SITE OR APP, OR ANY DEFECTS IN THE SITE OR APP, ITS SERVICES OR M ATERIALS, WILL BE CORRECTED.

The use of the Services or the downloading or other use of any Materials through the Site or App is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. We assume no liability for any computer virus or other similar software code that is downloaded to your computer from the Site or in connection with any Services or Materials offered through the Site or App. No information, whether oral or written, obtained by you from us or through or from the Site or App shall create any warranty not expressly stated in these Terms of Use.

WE DO NOT SCREEN SITE OR APP USERS; WE DO NOT SCREEN ANY DESIGNERS. ANY DEALINGS OR INTERACTIONS YOU MAY HAVE WITH OTHER USERS ARE AT YOUR OWN RISK. WE WILL NOT BE RESPONSIBLE FOR ANY HARM CAUSED TO YOU BY VIRTUE OF YOUR INTERACTION OR DEALING WITH ANOTHER USER OR OTHERWISE BY VIRTUE OF YOUR USE OF THE SITE OR ANY SOFTWARE APPLICATION (INCLUDING THE APP).

13. PERSONAL INFORMATION AND PRIVACY

You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Design Void or others. Please refer to our Privacy Policy for more information about the manner in which we protect and use your information.

14. LIMITATION OF LIABILITY

IN NO EVENT SHALL DESIGN VOID OR ITS OFFICERS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR UNDER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SITE AND ANY OF THE MATERIALS OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT ACTUALLY PAID, IF ANY, BY YOU TO US DURING THE 12-MONTH PERIOD PRIOR TO THE CLAIM.

15. INDEMNITY AND LIABILITY

You agree to indemnify and hold Design Void, and its subsidiaries, affiliates, officers, directors, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site or our App, your use of the Site or our applications, torts or damaged (whether physical or otherwise) caused by you, your connection to the Site or our applications, your violation of these Terms of Use or any end user license agreement or your violation of any rights of another person or entity.

16. GOVERNING LAW, JURISDICTION

This Agreement is governed in all respects by the laws of the State of New York without regard to conflict of laws provisions. BY ACCEPTING THIS AGREEMENT AND USING THE SITE OR APP, YOU ACCEPT AND CONSENT TO THE PERSONAL JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS IN NEW YORK COUNTY, NEW YORK. THE PARTIES HEREBY WAIVE THEIR RIGHT TO A TRIAL BY JURY OF ANY CLAIMS OR CONTROVERSIES ARISING OUT OF THIS AGREEMENT OR THE USERS’ USE OF THIS WEBSITE, THE APP OR THE SERVICES PROVIDED BY OR THROUGH DESIGN VOID. IN ADDITION, ANY CONTROVERSY OR CLAIM SHALL BE LITIGATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY (INCLUDING, BUT NOT LIMITED TO, BY MEANS OF CLASS ACTION LAW SUITS).

17. GENERAL

The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between Design Void and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by us to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.