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| Design Society’s Terms of Use Agreement |
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| By using the Designsociety.net web site, a service of Design Society, Inc., you are agreeing to be bound by the following terms and conditions (the “Terms of Use” or the "Agreement"). |
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| Terms & Conditions |
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1. You must be 18 years and older to use this site or have permission from a legal guardian. You are responsible for any activity that occurs under your username. |
| 2. You may not use the Design Society service for any illegal or unauthorized purpose. Users agree to comply with all local laws regarding online conduct and acceptable content. |
3. You are responsible for keeping your password secure. |
4. You must not abuse, harass, threaten, impersonate or intimidate other Design Society users. |
5. You must not transmit any worms or viruses or any code of a destructive nature. |
6. You must not, in the use of Design Society, violate any laws in your jurisdiction. |
| 7. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, links that you submit post and display on the Design Society service. |
8. You must not modify, adapt or hack or modify another website so as to falsely imply that it is associated with Design Society. |
| 9. You must not create or submit unwanted email to any Design Society members. |
10. You can remove your profile at any time by deleting your account. This will also remove any private images you have stored in the system. By uploading images and item description content to Design Society, you agree to allow other Design Society users to view them and you agree to allow Design Society to display the images and content on Design Society (for example, in your shop, on Design Society's Homepage, item description, profile, shopping and other Design Society Features. |
11. Design Society reserve the right to alter these Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, Design Society will notify you via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at Design Society’s sole discretion, in good faith and using common sense and reasonable judgment. |
| 12. Design Society reserves the right to refuse service to anyone for any reason at any time. |
13. Design Society reserves the right to modify or terminate the Design Society service for any reason, without notice at any time |
14. Design Society, and other Design Society graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Design Society, Inc. in the U.S. and/or other countries. Design Society's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion. |
15. Design Society may, but has no obligation to, remove content ("content" includes, for example, items, item descriptions, and information submitted in the forums) and accounts containing content that Design Society determine in Design Society's sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property, the Terms of Use, the Privacy Policy, or other policy documents and community guidelines as posted on Design Society. |
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You must agree with and accept all of the terms and conditions contained the Terms of Use, the Privacy Policy, and other policy documents and community guidelines as posted on Design Society before you may become a member of Design Society. These policy documents and community guidelines include those terms and conditions expressly set in this Agreement and those incorporated by reference. |
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Design Society is not a retailer. Although Design Society is referred to as an online marketplace, it is important to realize that Design Society is not a traditional "retailer." Instead, Design Society acts as an aggregator to allow an individual to sell, and buy certain goods which comply with the Rules of Design Society, within a fixed price format. Design Society is not involved in the actual transaction between buyers and sellers. As a result, Design Society has no control over the quality, safety or legality of the items advertised the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Design Society cannot ensure that a buyer or seller will actually complete a transaction. Consequently, Design Society does not transfer legal ownership of items from the seller to the buyer. |
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Design Society may amend the Terms of Use and any other policy documents and community guidelines, at any time by posting the amended terms on Design Society. The Terms of Use is effective upon acceptance in registration for new registering users, and is otherwise effective on April 1, 2008 for all users. Violation of any of these agreements will result in the termination of your Design Society account. While Design Society prohibits such conduct and content on its site, you understand and agree that Design Society is not responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Design Society service at your own risk. |
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| Membership Eligibility |
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| Design Society's services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Design Society's services are not available to anyone under the age of 18 or to temporarily or indefinitely suspended Design Society members. If you are under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use Design Society. Your Design Society account (including feedback) and User ID may not be transferred or sold to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement. |
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| Release |
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| Because Design Society is an aggregator, in the event that you have a dispute with one or more users, you release Design Society from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. |
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| Prohibited, Questionable and Infringing Items |
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Your Information is defined as any information you provide to Design Society or other users in the registration, in the listing process (which includes photographs and descriptions), in any public message area (including the Forums or the feedback area) or through any email feature. You are solely responsible for Your Information, and Design Society acts as a passive conduit for your online distribution and publication of Your Information. Restricted Activities Include: false, inaccurate or misleading profile, products or business listings; the sale of illegal, counterfeit, stolen items or items which violate the rules of Design Society; infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy; violate any law, statute, ordinance or regulation including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising; Design Society also does not permit the listing of items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall; be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; be obscene or contain child pornography, or otherwise shall be subject to the Mature Content rules as outlined in the rules of Design Society; contain any viruses, Trojan horses, worms, time bombs, cancel bots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents and community guidelines as posted on Design Society or are identical to other items you have for sale but are priced lower; Furthermore, you may not list any item on Design Society (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.
License: Solely to enable Design Society to use the information you supply us with, so that Design Society is not violating any rights you might have in that Your Information, you agree to grant Design Society a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Design Society will only use Your Information in accordance with Design Society's Privacy Policy. |
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| Access and Interference |
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| You agree that you will not use any robot, spider, scraper or other automated means to access Design Society for any purpose without our prior express written permission. Additionally, you agree that you will not: take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information, or other allowed uses as set out in the Rules of rules of Design Society from the Site without the prior expressed written permission of Design Society and the appropriate third party, as applicable; interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to Design Society |
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| Breach |
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1. You breach this Agreement, the Privacy Policy, or other policy documents and community guidelines this Terms of Use incorporates by reference;
2. Design Society is unable to verify or authenticate any of Your Information; or
3. Design Society believes that your actions may cause financial loss or legal liability for you, Design Society's users or Design Society. |
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| Buying and Selling |
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| A buyer is obligated to complete the transaction of a purchase of an item on Design Society in any shop within three (3) days. A buyer is obligated to immediately pay in full if using Pay Pal by clicking the "Buy Now" button during checkout. A seller must abide by all of Design Society’s policies and the seller's own individual shop policies and sell the item as described. Likewise, a seller must abide by the seller's own individual policies when dealing other issues, for example, issues of damage and returns. You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. All listed items must be listed in an appropriate category. Each listing must accurately and completely describe the item/items for sale in that listing. If the "in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing (excluding color and size variations). All sellers are urged to outline individual shop policies in their Design Society profile. These policies include, for example shipping, returns, payment and selling policies. Sellers must create these policies in good faith and must abide by such policies. Design Society reserves the right to request that a seller modify an individual policy. All sales are binding. If you, as a seller, receive a purchase request (order) you are obligated to complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of your listing (such as payment method), or (b) you cannot authenticate the buyer's identity. Without limiting any other remedies, Design Society, without notice, may suspend or terminate your account if Design Society suspects, in its sole discretion, that you (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) have violated any of Design Society's policies set out in this Agreement, the Privacy Policy, or any other policy documents or community guidelines, or you have engaged in an improper or fraudulent activity in connection with Design Society. The price stated in each Design Society Item Description must be an accurate representation of the sale. Manipulation refers to activities whereby the price no longer accurately represents the monetary value of the transaction. For example manipulative activities include, but are not limited to, intentionally stating one price in the Item Description but charging a higher price to the buyer, altering the item's price prior to a sale and hacking into another's account and altering prices. Neither buyer nor seller may manipulate the price of any item for any reason. Neither buyer nor seller may interfere with any other member's listings or transactions. |
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| Fees and Services |
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Joining and setting up a shop on Design Society is free. Design Society charges fees for listing items for sale through Design Society. When you list an item you have an opportunity to review and accept the fees that you will be charged. Design Society's Fees and Credits Policy is available and is incorporated into this Agreement by reference. Design Society's Fees and Credits Policy and the fees for Design Society's services are subject to change. Changes to the Fees and Credits Policy and the fees for our services are effective after Design Society provides you with at least fourteen (14) days' notice of the changes by posting the changes on Design Society. However, Design Society may choose to temporarily change Design Society's Fees and Credits Policy and the fees for Design Society's services for promotional events (for example, free listing days) and such changes are effective when Design Society posts the temporary promotional event on Design Society. Design Society may, at Design Society's sole discretion, change some or all of Design Society's services at any time. In the event Design Society introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars (USD). You are responsible for paying all fees associated with using Design Society's service and Design Society and all applicable taxes. Each Design Society seller is responsible for paying the Design Society fees incurred. At the beginning of the month each seller is emailed an invoice detailing the amount due. A seller must pay the amount due in full within 15 days of the date of the invoice. If a seller's account is not paid in full, penalties, such as the suspension of privileges, will be enforced. If you have a question, email designsocietysupport@gmail.com |
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| Feedback |
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You may not take any actions that may undermine the integrity of the feedback system. Design Society may, without prior notice, limit the number of purchases and listings, which you may place on Design Society based upon the level of your feedback. If you earn a low percentage feedback rating, your account will automatically be flagged for staff review, at which time your membership may be fully or partially suspended, and you may be unable to list or buy.
You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by Design Society. Further, you acknowledge that the composite number, without the feedback comments, does not convey your full user reputation. Because feedback ratings are not designed for any purpose other than for facilitating transactions between Design Society users, you agree that you shall not market or export your Design Society feedback rating in any venue other than a Design Society operated website.
Design Society does not provide you with the technical ability to import feedback from other (non-Design Society operated) websites to Design Society because a composite number, without the corresponding feedback does not reflect your true online reputation within our community. |
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| Privacy |
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| Design Society does not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and Design Society only uses your information as described in the Privacy Policy. Design Society views protection of users' privacy as a very important community principle. Design Society understands clearly that you and Your Information is one of Design Society's most important assets. Design Society stores and processes your information on computers located in the United States that are protected by physical as well as technological security devices. If you object to Your Information being transferred or used in this way please do not use Design Society's services. |
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| Liability Limit |
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IN NO EVENT SHALL DESIGN SOCIETY BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
DESIGN SOCIETY'S LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF THE AMOUNT OF FEES YOU PAY TO DESIGN SOCIETY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. |
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| Warranty Disclaimer |
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Any use of the Designsociety.net web site, reliance upon any Materials, Business listings, and any use of the Internet generally shall be at your sole risk. Designsociety.net disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Designsociety.net results.
THE SITE (INCLUDING MATERIALS AND INFORMATION THEREIN) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. DESIGNSOCIETY.NET DISCLAIMS, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE AND MATERIALS. DESIGNSOCIETY.NET DOES NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
DESIGNSOCIETY.NET DISCLAIMS ANY AND ALL WARRANTIES TO THE FULLEST EXTENT OF THE LAW, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE SITE.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. |
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| Idemnity |
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| YOU AGREE TO INDEMNIFY AND HOLD DESIGN SOCIETY HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY. |
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| Legal Compliance |
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| You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items. |
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| Severability |
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| If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect. |
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| No Agency |
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| You and Design Society are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. |
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| Disputes |
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Design Society's goal is to make you happy. In the event a dispute arises between you and Design Society, please email Design Society at designsocietysupport@gmail.com and we will work quickly towards a solution.
Disputes between you and Design Society regarding Design Society's services may be reported to Customer Support by emailing designsocietysupport@gmail.com. |
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