- Use of Site
- User Conduct and Consent Agreement
- Links to Third-Party Websites
- Downloading Files
- Proprietary Content
- Disclaimer of Warranties
- Limitation of Liability
- Product Information
- General Provisions
- How to Contact Us
2. Use of Site
DEZIGNABLE as a Platform
dezignable acts as a platform for our brand partners and vendors who comply with dezignable's policies to sell products at a fixed-price format. dezignable handles the transaction between buyer and seller, but does not have any control over the quality, safety, morality, or legality of any aspect of the products listed, the truth or accuracy of the listings, the ability of sellers to sell items, or the shipping methods and rates. You, the buyer, will pay dezignablefor the products found on this Site, and we will pay the vendor.
Continued Operation, Accessibility, and Maintenance of this Site
We may modify, change, suspend, terminate or discontinue the operation of this Web site or the provision of any services without notice and we reserve the right to refuse service to anyone at any time, with or without cause.
3. User Conduct and Consent Agreement
- Upload, post, use, submit, provide access to or otherwise make available any content that is: false, misleading, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, fraudulent, vulgar, obscene, libelous, invasive of another's privacy, subject to any disclosure restrictions, or content that should otherwise be considered objectionable;
- Impersonate or use the identity of another person or organization, or falsely state or otherwise misrepresent your affiliation with a person or organization;
- Engage in any activities or manipulate identifying material to misrepresent the origin of content;
- Upload, post, use, or otherwise make available any materials, items, information or content that infringes or otherwise violates any patent, copyright, trademark, or any other proprietary rights;
- Upload, post, use or otherwise make available any unsolicited or unauthorized advertising or promotional materials, including without limitation, sending a virus, overloading, flooding, mail-bombing the Site or Application, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- Upload, post, use or otherwise make available any material that contains software viruses or any other corrupt computer code, files or programs that impair the use of any computer software or hardware or telecommunications equipment;
- Share your password with anyone else;
- Disrupt or interfere with the security of, or otherwise cause harm to, this Site or the systems resources, accounts, usernames and passwords, servers, or networks connected to, or accessible through, this Web site or any affiliated or linked sites; or attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Application or Site content;
- Use this Site for commercial purposes or the benefit of any third party or in any matter not permitted by these Terms;
- Use, display, mirror or frame the Site or Application, or any individual element within the Site or Application, the dezignable name, any dezignable trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without our express written consent;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Application, or Site Content to send altered, deceptive or false source-identifying information;
- Access, tamper with, or use non-public areas of the Site or Application, our computer systems, or the technical delivery systems of our providers;
- Attempt to probe, scan, or test the vulnerability of any dezignable systems or network or breach any security or authentication measures;
- Use any meta tags or other hidden text or metadata utilizing a dezignable trademark, logo URL or product name without dezignable's express written consent.
dezignable will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. dezignable may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that dezignable has no obligation to monitor your access to or use of the Site, Application, Services or Site Content or to review or edit any Site Content, but has the right to do so for the purpose of operating the Site, Application and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. dezignable reserves the right, at any time and without prior notice, to remove or disable access to any Site Content that dezignable, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services. You are solely responsible for creating backup copies and replacing any of your User Content at your sole cost and expense.
Termination and Account Cancellation
If you breach any of these Terms, dezignable will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. dezignable reserves the right to revoke your access to and use of the Site, Application, Services and Content at any time, with or without cause. You may cancel your Account at any time by sending an email to dezignablehere with your full name and email address.
dezignable's services are available only to, and may only be used by, individuals who are 18 years or older who can form legally binding contracts under applicable law. By using this Site, you represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful.
Use of User Submissions
User Communications, Reviews, Comments, and Other Content
By posting Content on the Site, it is possible for an outside website or a third party to re-post that Content. You agree to hold dezignable harmless for any dispute concerning this use. If you choose to display your own dezignable-hosted image on another website, the image must provide a link back to its listing page on dezignable.
Electronic Communications Consent
By using the Site and submitting information, you agree that we have the right to send you certain information in connection with the Site. We may send you this and any other information in electronic form to the e-mail address you specified when you created an account through the Site or with any subdivisions of the Site such as Community, etc. You may have the right to withdraw this consent under applicable law, but if you do, we may cancel your rights to the Site. Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. As long as you access and use the Site, you agree that you will have, or have access to, the necessary software and hardware to receive such notices. If you do not consent to receive any notices electronically, you agree to stop using or accessing the Site.
The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to dezignable or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by dezignable or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non- commercial, non-public, personal use only. (If you are browsing this Site as an employee or member of any business or organization, you may download and reprint Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by dezignable.) You may not manipulate or alter in any way images or other Content on the Site.
How to Report a Copyright Infringement
dezignable respects the intellectual property rights of others and expects its users to do the same. It is dezignable's policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website, dezignable will respond expeditiously to claims of copyright infringement committed using the dezignable website (the "Site") that are reported to dezignable's Designated Copyright Agent, identified in the sample notice below. If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to dezignable's Designated Copyright Agent. Upon receipt of the Notice as described below, dezignablewill take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site.
DMCA Notice of Alleged Infringement ("Notice")
Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed. Identify (i) the material that you claim is 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 us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Site where such reference or link may be found. Provide your mailing address, telephone number, and, if available, email address. Include both of the following statements in the body of the Notice: "I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)." "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed." Provide your full legal name and your electronic or physical signature. Deliver this Notice, with all items completed, to dezignable's Designated Copyright Agent:
dezignable Corporation ATTN: Copyright 500 Yale Ave N Seattle, WA 98109
You are prohibited from using any of the marks, design, or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.
6. Links to Third-Party Web Sites
7. Downloading Files
dezignable cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection by software viruses or other harmful computer code, files or programs.
8. Proprietary Content
dezignable respects the intellectual property rights of others and expects you to do the same. We have expended substantial time, effort and funds to create the Site and to collect and provide the features, materials, opportunities, products and services that are available on or through the Site. You understand and agree that dezignable owns, or (where required, appropriate, or applicable) has been licensed by third parties to use, all right, title, and interest in and to the Site and the features, materials, opportunities, and services made available on or through the Site, and all information, text, data, databases, graphics, images, sound recordings, audio and visual clips, logos, software, and other materials contained therein, and the compilation, collection, design, selection, and arrangement thereof (collectively, the "Content"). You acknowledge that the Content constitutes valuable proprietary information that is protected by applicable intellectual property and other proprietary rights, laws, and treaties of the United States and other countries, and that you acquire no ownership interest by accessing and using the Site and the Content. Such intellectual property and proprietary rights may include, but are not limited to, various patents, copyrights, trademarks and service marks, registered trademarks and service marks, trade dress protection, and trade secrets, and all such rights are and shall remain the property of dezignable or its licensors and content-providers.
9. Disclaimer of Warranties
dezignable makes no express or implied warranties, representations or endorsements whatsoever with respect to the site, the service or the content. dezignable expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, with regard to the site, the service, the content, and any product or service furnished or to be furnished via the site. dezignable does not warrant that the functions performed by the site or the service will be uninterrupted, timely, secure or error-free, or that defects in the site or the service will be corrected. dezignable does not warrant the accuracy or completeness of the content, or that any errors in the content will be corrected. The site, the service and the content are provided on an "as is" and "as available" basis.
10. Limitation of Liability
You understand and agree that you are personally responsible for your behavior on the Site. You agree to indemnify, defend and hold harmless dezignable, its brand partner companies, subsidiaries, affiliated companies, joint ventures, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Site, the Service, or the Content, or any violation by you of this Agreement.
If you register to become a dezignable.com user, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password. dezignable takes such commercially reasonable measures as it deems appropriate to secure and protect information transmitted to and from the Site. Nevertheless, we cannot and do not guarantee that any such transmissions are or will be totally secure. You are responsible for maintaining the confidentiality of any information about you, including your account login or other unique name or number identifying you (your "member identification") and any password used in connection with your use of the Site, and you are fully responsible for all access and any activity that occurs through use of your member identification or password. You agree to immediately notify dezignable of any unauthorized use of your member identification or password, or of any breach of Site security or of these Terms, of which you become aware. dezignable cannot and will not be liable for any loss or damage arising from any unauthorized access or use of your User ID or password.
14. Product Information
dezignable attempts to be as accurate as possible when describing products sold on this Site. However, dezignabledoes not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free.
Products may be ordered from the dezignable site by adding them to your Shopping Cart and completing the checkout process. While you are ordering products from outside vendors, all transactions will occur through dezignable. Neither the vendor nor dezignablewill see your entire credit card number, our credit card processor is the only entity that will see that sensitive information. After placing an order, you will receive an email from us acknowledging that we have received your order ("Order Confirmation"). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the shipment of your order (the "Shipping Confirmation"). A contract with us will only be formed when we send you the Shipping Confirmation. The contract will relate only to those products whose shipment we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other products that may have been part of your order in a separate Order Confirmation. We reserve the right to cancel your order at any time before we have accepted it and we may rescind our acceptance and cancel your order where there has been an obvious error in price or where the product is no longer in our third party vendor's inventory. By agreeing to our policies and completing an order placement, you accept the terms and policies listed on this site and in this document. You also agree that the total order amount, including tax and delivery charges will be charged to your credit card in full at the time the order is placed. You represent and warrant that you are the only one who will use your credit card in connection with this Web site, and you shall be responsible for any and all uses of your credit card.
Delivery Rates and Shipping
All products on the Site ship free of charge over $49, however dezignable is not responsible for the shipping of any products purchased from the Site. The shipping of products purchased from the Site is the sole responsibility of the individual vendor selling the product. dezignableis not responsible for any lost or damaged items purchased from the Site.
Prices and Availability of Products
Prices and availability of products is determined by the vendor selling the product. dezignable is not responsible for any changes to the price and availability of products sold on this Site. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of the businesses/vendors we feature on our Site. dezignabledoes not assume any responsibility or liability for the actions, product, and content of outside websites or third parties.
The prices displayed on this Site are quoted in U.S. Dollars and are valid and effective only in the United States. Additional charges may apply at the vendor's discretion. Vendors are responsible for applying the applicable tax on products sold and you, the buyer, are responsible for paying the appropriate tax. dezignableis not responsible for tax collection or assignment.
Charges and Fees
You authorize dezignable and any payment processing service provider we may engage to charge your credit card for any products, or services you purchase through your use of this Site. You represent and warrant that you are the only one who will use your credit card in connection with this Site, and you shall be responsible for any and all uses of your credit card. To dispute or cancel any erroneous charge, you must contact us at firstname.lastname@example.org.
Actual product colors may vary from colors shown on your monitor.
15. General Provisions
This site makes use of the GeoNames geographical database licensed under a Creative Commons Attribution 3.0 License.
18. How to Contact Us
For dezignable's corporate office mailing address, phone number, and email contact info reference the site's contact us page.