If you use the site or Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities and communications that occur under your account or password. DESIGNOW DOES NOT SELL PRODUCTS FOR PURCHASE BY CHILDREN. We sell children’s products only for purchase by adults. We do not direct our Website to, nor do we knowingly collect any personal information from, children under the age of eighteen. If you are under the age of 18, you may access and use this Website only with the involvement of a parent or guardian. Each time you use our Services, you are representing that you are 18 years of age or older. Designow and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
All content included on this site, such as text, graphics, logos, button icons, characters, artwork, images, audio clips, digital downloads, data compilations, software, and other content of the Site (collectively, the “Site Content”) and all HTML, CGA, and other code and scripts in any format on the Site or used to implement the Site (collectively, the “Code”) is either the property of Designow or used by Designow under license or the property of its content or software suppliers, and is protected by United States and international copyright laws and other intellectual property laws. The selection, arrangement, and compilation of all content, facts, data, and information on the Site is the exclusive property of Designow and protected by U.S. and international laws. The name DESIGNOW and all marks or logos containing this name (collectively, the “Marks”) are the property of Designow.
Nothing in this Agreement confers to you or any third-party, by implication, estoppel or otherwise, any proprietary or industrial right belonging to Designow. Your failure to comply with these Terms of Service will constitute breach of contract and will violate our copyright, trademark and other commercial, proprietary and industrial property rights.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to designow.com so long as the link does not portray (in Designow’s sole determination) Designow, or its products or Services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Designow logo or other proprietary graphic or trademark as part of the link without express written and signed permission.
In using this site, you agree not to submit, design, upload, generate or create any products with language, words, text, phrases, or slogans, including but not limited to text, data, photos, graphics, or any of these elements (the "Design Content") that are “Objectionable”. For purposes of these Terms of Services, Objectionable includes, but is not limited to, anything that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortious, hateful, or racially or ethnically objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property.
We do not seek to solicit any confidential or proprietary ideas, suggestions, materials or other information relating to developing, designing, redesigning, modifying, manufacturing or marketing our current products or any new products. You may submit only Comments that are your own original work. You may not infringe, misappropriate or violate the rights of third parties by your submission of any Comments. By submitting Comments, you warrant that we may reproduce, use, disclose, distribute or publish such information, use it as part of our operations, and develop or incorporate any ideas, concepts, know-how or techniques contained in such Comments for any purpose whatsoever in our Services or products without limitation or liability or obligation to you or any third-party.
You agree not to use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any Comment, Design Content, Printed Matter, or other submission. Designow reserves the right (but not the obligation) to remove or edit any such submission, but does not regularly review posted content.
You acknowledge and agree that we may preserve Comments, Design Content and printed matter (collectively “Material”) and may publicly disclose the Material if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Material violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Designow, its users or the public. You understand that the technical processing and operation of the site, including any Material, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.
You agree to waive any claims against Designow and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to Design Content, Comments, printed matter, or any other communications or Material made available to the Site or posted on the Site by persons other than Designow or its affiliates. By using our Services, you agree to indemnify Designow and their affiliates from all claims and expenses, including reasonable attorney's fees, whenever such claims are based on or arise from: 1) any Material you approve or provide; or 2) your violation of any of the provisions of this Agreement. If you do not agree with this promise to indemnify Designow, you should stop using our Services and should not complete your order. You acknowledge and agree that you will use this Site and any products ordered on this site, including without limitation apparel, at all times in accordance with all applicable United States federal, state and local laws, statutes, regulations, ordinances, and common sense, and will not take any action that harms or violates the rights of any person or entity.
Our Services display or link to some content that is not from Designow. This content is the sole responsibility of the entity that makes it available. Hyperlinks are included solely for your convenience, and we make no representations or warranties with regard to the accuracy, availability, suitability, or safety of information provided in non- Designow sites to which you may be directed or hyperlinked from this Site. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But we do not assume any obligation to review content.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
THIS SITE AND ALL PRODUCTS AND SERVICES ARE PROVIDED BY DESIGNOW ON AN "AS IS" AND "AS AVAILABLE" BASIS. DESIGNOW MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND OF THE SERVICES IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, DESIGNOW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ALL PRODUCTS AND SERVICES. DESIGNOW DOES NOT WARRANT THAT THIS SITE, ITS SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE FREE OF ERRORS, DEFECTS, COMPUTER VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS.
IN NO CASE SHALL DESIGNOW ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF FOR ANY CLAIM UNDER THESE TERMS OF SERVICE OR FOR ANY WAIVEABLE WARRANTY IS LIMITED TO THE AMOUNT YOU PAID US FOR THE SERVICES OR PRODUCTS.
Designow operates the Site from the United States under the laws of the United States. It is possible that some software that may be downloaded from the Site is subject to government export control or other restrictions such as the Export Administration Act and the Arms Export Control Act. By visiting and using our Site, you acknowledge these restrictions and agree that you are not subject to them. You also agree not to transfer any Site Content or Code to a foreign national or a foreign destination in violation of such laws.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
You agree to indemnify, defend and hold harmless Designow’s agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Designow respects the intellectual property of others and responds to notices of alleged copyright infringement according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your work has been copied unlawfully, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Designow the written information specified below. Please note that this procedure is exclusively for notifying Designow that your copyrighted material has been infringed:
An electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on our Site;
Your address, telephone number, and e-mail 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, that the owner has a legitimate and exclusive right to the work, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Designow’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Attention: Copyright Agent
525 Seventh Avenue, Suite 806
New York, NY 10018
If you, or the Organization you represent (together “You”) are a U.S. customer visiting our Site, You agree that the applicable U.S. federal laws and the laws of the State of New York, without regard to principles of conflict of laws, will govern this Agreement and any dispute, action, claim or cause of action arising between You and Designow relating to this Agreement, the Site, the Services, Comments, Code, Printed Matter, Design Content, or Site Content. For such claims, You irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of New York, U.S.A., and you promise not to commence any litigation relating to such claims except in the courts in New York City, New York, and you agree not to plead or claim in any court of the State of New York that such litigation brought there is in an inconvenient forum.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.