1. ACCEPTANCE OF TERMS
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:
- that you will not use an Account that is created by another user;
- that you will supply only complete and accurate information in registering for an Account;
- 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
- 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 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.
- 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 firstname.lastname@example.org, 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.
- 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 email@example.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
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:
- 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.
- 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.
- You may not remove any copyright or other proprietary notices contained in Our Content or User Content.
- 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.
- 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 firstname.lastname@example.org. It is our policy to terminate Accounts of repeat infringers in appropriate cases.
9. PROHIBITED COMMUNICATIONS
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:
- 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;
- 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;
- your User Content does not contain any viruses, malicious code or other harmful or destructive content;
- 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;
- 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;
- your User Content does not violate any applicable law designed to regulate electronic advertising;
- 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;
- your User Content does not contain any defamatory material;
- 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. 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:
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, harassment, stalking, spamming, or copyright infringement;
- transmitting junk email to other users, other than transmissions expressly permitted on the Site;
- 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;
- interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site or App;
- 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
- using the Site or App in a manner inconsistent with any and all applicable laws and regulations.
11. MANAGING CONTENT AND COMMUNICATIONS
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.
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
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
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).