Effective Date: 06/25/2010
DesignersCouch is a community of Creative Humans that inspire and connect with one another on a professional platform ('the Service') that puts them in front of the world. DesignersCouch is operated by Depthskins LLC. ('DesignersCouch'). By using the Service, you accept and agree to be bound by the following terms and conditions (the 'Terms of Service'). Where, applicable under law, these Terms constitute a 'writing signed by you.'
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the Terms of Service's effective date. Your continued use of the Web site after any such changes constitutes your acceptance of the new Terms of Service. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes.
You must be 13 years or older to use the Service. By registering for the Service, you represent and warrant that you are 13 or older and that you have the capacity to understand, agree to and comply with these Terms of Service. You should provide true, accurate and complete registration information to be a DesignersCouch member ('Creative'). As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion.
The Service is made available for your personal, non-commercial use only. You may not use the Service for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, graphics, photos, profiles, links and other content ('Materials') that you submit, post, and display on the DesignersCouch Service.
We may, but shall have no obligation to, remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringes or violates any party's intellectual property or other proprietary rights or these Terms of Service. Further, under no circumstances does DesignersCouch have any obligation to check the accuracy or truthfulness of the any Materials, nor to monitor any Creative's use of the Service.
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account made by you including the content of your transmissions through the Service. By way of example, and not as a limitation, you agree NOT to:
* Defame, abuse, harass, stalk, threaten or otherwise violate the rights (such as rights of privacy and publicity) of others.
* Publish, distribute and/ or disseminate any harmful, obscene, indecent, unlawful, libellous, profane, defamatory, infringing, inappropriate, hateful, or racially, ethnically or otherwise objectionable material or information.
* Use other Creatives' personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other Creatives
* Submit Materials that are unlawful or promote or encourage illegal activity or that would violate the property rights of others.
* Submit Materials of any third party without such third party's prior written consent, or Materials that falsely express or imply that such Materials are sponsored or endorsed by DesignersCouch
* Create a false or misleading identity of, including, but not limited to, a DesignersCouch employee, or falsely state or otherwise misrepresent your affiliation with a person or entity, for the purpose of misleading others as to the identity of the sender or the origin of a message or to harvest or otherwise collect information about others.
* Access any content made available on the DesignersCouch website through any technology or means other than as DesignersCouch shall explicitly designate for the purpose.
* Disable, circumvent, or otherwise interfere with any security and/or copyright protection features of the DesignersCouch website, which shall include any features that limit or control the use of the DesignersCouch website or your ability to access, use, copy or share content.
* Transmit, email or post any material that contains in any form software viruses or such programs as including but not limited to, Trojan horses, worms, time bombs, cancel-bots, source code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
* Use the Service in any unlawful manner or in any other manner that could adapt, modify, damage, disable, overburden or impair the website (and all related technologies).
* Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
* Modify, adapt, translate, or reverse engineer any portion of the Service, or use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion or the Service.
* Reformat or frame any portion of the web pages that are part of the Service.
* Disseminate content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary right of any party or infringes any intellectual property law or any other applicable law.
* Remove any copyright, trademark or other proprietary rights notices contained in or on the Service.
* Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.
* Interfere with another Creative's use and enjoyment of the Service.
* Harvest or collect email addresses or other contact information of Creatives, including usernames, from the DesignersCouch website by electronic or other means.
* Use the DesignersCouch website for any commercial use, without the prior written consent of DesignersCouch.
DesignersCouch does not claim any ownership rights in any Materials that you submit, post, or display on or through the Services or on the DesignersCouch Web site. After submitting, posting or displaying Materials on or through the Services or on the DesignersCouch Web site, you continue to retain all ownership rights in such Materials, and you continue to have the right to use your Materials in any way you choose. By submitting, posting or displaying any Materials on or through the Service, you hereby grant to DesignersCouch a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Materials (and all components or underlying works making up the Materials) solely on and through the Service.
Without this license, DesignersCouch would be unable to provide the Service. For example, without the right to modify your Materials, DesignersCouch would not be able to promote or showcase your artwork to other Creatives. The license you grant to DesignersCouch is non-exclusive (meaning you are free to license your Materials to anyone else in addition to DesignersCouch), fully-paid and royalty-free (meaning that DesignersCouch is not required to pay you for the use on the Service of the Materials that you post), sub licensable (so that DesignersCouch is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Service), and worldwide (because the Internet and the Service are global in reach). This license will terminate at the time you remove your Materials from the Service. The license does not grant DesignersCouch the right to sell your Materials, nor does the license grant DesignersCouch the right to distribute your Materials outside of the Service. You represent and warrant that: (i) you own the Materials posted by you on or through the Service or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Materials on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Materials posted by you to or through the Service.
Depthskins LLC. and its affiliates and licensors own and retain all rights in the DesignersCouch Web site and the Service, which contain proprietary and confidential information that is protected by applicable intellectual property and other laws, including without limitation all (1) text, (2) software, (3) photographs, (4) graphics, (5) page layout, and (6) design presented through and as part of the Service by DesignersCouch. Except as expressly authorized by DesignersCouch, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of DesignersCouch’s proprietary information. 'DesignersCouch' and 'Creative Humans' are trademarks of Depthskins LLC.
(i) statement that you have identified material on the DesignersCouch website which infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act, if applicable); (ii) a description of the copyrighted work that you claim has been infringed, which should include the type of work (such as a book or a sound recording) and any relevant further details (such as the title and date of publication, as applicable); (iii) the country or countries to which your copyright applies; (iv) a description of the way in which the copyright material has been infringed; (v) a description of where the material that you claim is infringing is located on the DesignersCouch web site (including a URL and/or screen shot); (vi) your address, telephone number, and email address so that we may get in contact with you; (vii) the contact details that you would like us to provide to the alleged infringer so that they may contact you directly, in order to attempt to resolve the complaint; (viii) a statement by you that you have a good faith belief that the disputed use of the copyright work is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law; (ix) a statement by you, made under penalty of perjury, that the above information in the Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf and (x) an electronic or physical signature (which may be a scanned copy) of the copyright owner.
Once you have completed the Notice, having included all of the information set out above, please send it to:
[Attn: DesignersCouch Copyright Infringement Notification]
If you are unsure as to your rights in respect of your copyright material, or whether there has been an infringement of your rights, we suggest that you take legal advice before sending a Notice to DesignersCouch. This 'notice and takedown' process is regulated by statute. There may be negative consequences if you falsely allege copyright infringement or send a Notice to DesignersCouch in bad faith.
If you believe that any material that you have uploaded on to the DesignersCouch website has been removed in error, or that the content in question does not infringe the copyright of any third party, you may file a counter-notice (' Counter-Notice') with us, by sending a written communication which should include the following information, in the same order as is set out in (i) to (iv) below:
(i) specific details of the material that has been removed or to which DesignersCouch has disabled access and the accompanying location of such material; (ii) your name, address, telephone number, email address and a statement that you will accept service from the person (or an authorized representative of such person) who provided DesignersCouch with the complaint in question; (iii) a statement by you that you believe (acting in good faith) that the material identified above was removed as a result of a mistake or incorrect identification of the material to be removed and (iv) an electronic or physical copy of your signature (which may be a scanned copy).
Once you have completed the Counter-Notice, having included all of the information set out above, please send it to:
[Attn: DesignersCouch Copyright Infringement Counter-Notification]
If you are unsure as to your rights in respect of your material, or whether there has been an infringement of copyright, we suggest that you take legal advice before sending a Counter-Notice to DesignersCouch. This 'notice and takedown' process is regulated by statute. There may be negative consequences if you make false allegations or send a Counter-Notice to DesignersCouch in bad faith.
DesignersCouch shall not be responsible for any connection or access to the DesignersCouch website by you or the quality of the transmission of any information passing between you and the website. You will be responsible for providing your own communications equipment to access the DesignersCouch website via the Internet, and the Internet access charges thereon.
These Terms of Service will apply to your use of the Service. At any time, you can terminate your account which will remove your profile and other personal information from view. To learn how to cancel your account contact us. We may terminate your membership immediately at any time, for any reason. Once your membership terminates, you will have no right to use the Service. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of your membership.
DesignersCouch may also, in its sole discretion and at any time, discontinue temporarily or permanently providing the Service, or any part thereof, with or without notice. You agree that any termination of access to the Service under any provision of the Terms of Service may be effected without notice, and acknowledge and agree that DesignersCouch may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Where possible, DesignersCouch will use reasonable efforts to give Creatives fair notice of termination or suspension of their access to the Service. Further, you agree that DesignersCouch shall not be liable to you or any
Depthskins LLC. and its affiliates, licensors, partners, members, suppliers, employees, consultants and agents ('DesignersCouch') disclaim any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or Materials displayed on the Service.
DesignersCouch further expressly disclaims (1) that the Service will meet your requirements and will be uninterrupted, error-free, timely, or secure, (2) that defects or errors will be corrected, (3) that the Service or the server that makes it available are free of viruses or other harmful components, and (4) that the use of or the results of the use of the Service or the content made available as part of the Service will be correct, accurate, timely, or otherwise reliable.
DesignersCouch expressly disclaims any and all responsibility and liability for the conduct of any other Creatives, and expressly disclaims that the content and Materials of the Service input by other Creatives is correct or accurate.
THE DESIGNERSCOUCH SERVICE, AND ALL MATERIALS, INFORMATION (INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS,LINKS OR ANY INFORMATION OR MATERIALS OBTAINED OR ACCESSED THROUGH THE SERVICES), PRODUCTS AND SERVICES INCLUDED THEREIN ARE PROVIDED 'AS IS,' 'WITH ALL FAULTS', 'AS AVAILABLE', WITH NO WARRANTIES WHATSOEVER. DESIGNERSCOUCH EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. Some states do not allow the exclusion or limitation of implied warranties, so the above disclaimers and exclusions may not apply to you.
YOU AGREE THAT YOUR USE OF THE DESIGNERSCOUCH SERVICE IS ENTIRELY AT YOUR OWN RISK.
You agree to hold harmless and indemnify, and at DesignersCouch's request defend, DesignersCouch, its parents, subsidiaries, and affiliates, and their respective owners, officers, managers, members, agents, and employees, from and against any third party claim arising from or in any way related to your use of or conduct on the Service, including any liability or expense arising from all claims, liabilities, losses, damages (actual and consequential), suits, judgments, litigation costs, expenses, and attorneys' fees, of every kind and nature. In such a case, DesignersCouch will provide you with written notice of such claim, suit or action.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. UNDER NO CIRCUMSTANCES WILL DESIGNERSCOUCH, ITS PARENTS, SUBSIDIARIES, AND AFFILIATES, AND THEIR RESPECTIVE OWNERS, OFFICERS, MANAGERS, MEMBERS, AGENTS, AND EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOSSES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT DESIGNERSCOUCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. SUCH LIMITATION OF LIABILITY SHALL APPLY (I) WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), AND (II) NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE DISSATISFIED WITH THE SERVICE OR ANY PART OF THE SERVICE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEBSITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING ONE THOUSAND DOLLARS ($1,000.00).
You shall comply with all applicable domestic and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of the Services.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its conflict of laws provisions or your actual state or country of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in the State of Texas. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. You shall not assign these Terms of Service or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any such purported assignment or delegation will be null and void and of no force or effect.
Without limiting the foregoing, under no circumstances shall DesignersCouch be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
These Terms of Service constitute the entire agreement between you and DesignersCouch with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service by a party will be effective only if in writing and signed by a party.