Last updated: June 25, 2018
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://thedesignest.net website (the “Service”) operated by The Designest. (“us”, “we”, or “our”).
Your use of and access to the Service is conditioned upon your compliance with and acceptance of these Terms. The Terms apply to all users, visitors and others who wish to access or use the Service.
By using or accessing the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
The information, text, graphics, videos, or other material (“Content”) of the pages of this website is only for general information and use and is subject to change without notice.
The accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose is not guaranteed.
You acknowledge that such information and materials may contain errors or inaccuracies and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
You use any information or materials on this website at entirely your own risk, we shall not be liable for it. Ensuring that any information available through this website meet your specific requirements is your own responsibility.
Types of Content
The Content of the pages of this website falls in four (4) categories:
Functional Content – any content used to define interactions, transactions and user interface elements included but no limited to navigation menus, content categories, content tags or transactional content.
Authored Content – any content posted by registered users included but not limited to content published by partners, authors or registered users as a result of, but not limited to, a service contract.
Public Content – any content posted by registered users in the comment section of the Service.
Our Service allows you to link, post, share, store and otherwise make certain information available, such as graphics, text, videos, or other material. You are responsible for the Content that you post on or through the Service, including its reliability and appropriateness.
You retain any and all of your rights to any Content you submit, display or post on or through the Service and you are responsible for protecting those rights. We assume no liability and take no responsibility for Content you or any third-party posts through or on the Service. However, by posting Content using the Service you grant us the license and right to use, publicly perform, modify, publicly display, distribute and reproduce such Content through or on the Service. You agree that this license includes the right for us to make your Content available to other Service users, who may also use your Content subject to these Terms.
The Designest has the right (but not the obligation) to edit and monitor all Content provided by users.
In addition, Content found thorugh or on this Service are the property of The Designest or used with permission. You may not modify, distribute, copy, transmit, download, reuse, repost, or use said Content in whole or in part, for personal gain or commercial purposes, without the express advance written permission from us.
You may communicate with us using any of the following methods:
E-mail, via email@example.com for general communication, product information, support or any other commercial or non-commercial inquiry.
Contact Forms for general communication, product information, support or any other commercial or non-commercial inquiry.
Please note that we will send transactional messages, triggered, but not limited by opt-ins, opt-outs, account changes, Resource(s) downloads, and any Personal Data requests.
We will deliver Service Bulletins regarding the provision of our Service to our Service Subscribers unless an account deletion and/or contract termination request is made.
If you you wish to have your name deleted from our mailing lists or you wish not to receive any future communications, or you wish to have your Personal Data removed from our Service, you may use the built-in links in our newsletters to unsubscribe functionality or contact us at:
Availability, Errors and Inaccuracies
We are constantly updating resources and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We, therefore, reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.
If you are a copyright owner or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to firstname.lastname@example.org, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact us via email at email@example.com.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of The Designest and its licensors. The Service is protected by copyright, trademark, and other laws of Georgia. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of The Designest.
Links to Other Web Sites
Our Service may contain links to third party websites or services that are not owned or controlled by The Designest.
The Designest has no control over and assumes no responsibility for the content, privacy policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that The Designest shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party websites or services that you visit.
We may terminate or suspend your email subscription to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you are a Visitor and wish to terminate the contract, you may simply discontinue using the Service.
If you are a Newsletter Subscriber and wish to terminate your account, you must opt-out from the Service or submit a delete request at firstname.lastname@example.org. If applicable, you also must delete your account using the built-in functionality.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, ownership provisions, indemnity and limitations of liability.
Limitation of Liability
In no event shall The Designest, nor its directors, employees, partners, suppliers, agents, or affiliates, be liable for any indirect, special, incidental, punitive or consequential damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, alteration or use of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
DisclaimerYour use of the Service is at your own risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether implied or express, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. The Designest, its affiliates, subsidiaries and its licensors do not warrant that:
- the Service will function uninterrupted, available or secure at any particular time or location;
- any defects or errors will be corrected;
- the Service is free of viruses or other harmful components;
- the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages or the exclusion of certain warranties, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of City Batumi, Georgia, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to replace or modify the Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to use or access our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.