Last updated: December 12, 2009
Section 1. Terms
Section 2. Definitions
a. A "user" is anyone who accesses, browses, crawls, scrapes, or in any way uses the Site. The terms "you" and "your" refer to you, as a user of the Site. The terms "we", "us", and "Designers &" refer to Designers And Us.
b. "Content" means text, images, photos, audio, video, and all other forms of data or communication. "Your Content" means Content that you submit, post, or transmit to, or using, the Site, such as the business ratings, reviews, compliments, information that you display as part of your account profile, invitations, or other commentary that you may submit, post, or transmit to, or using, the Site. "User Content" means Content that users submit, post, or transmit to, or using, the Site. "Designers & Content" means Content that is created by Designers & and made available on the Site. "Third Party Content" means Content that is made available on the Site by parties other than Designers & or the users, such as data providers that license data to Designers & for use on the Site. "Site Content" means all of the Content that is made available on the Site, including Your Content, User Content, Third Party Content, and Designers & Content.
Section 3. User Accounts.
a. To use some of the features on the Site, you may be required to create an account and provide information about yourself to us ("Registered Users"). Only You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
b. Only Registered Users maintain account profiles on the Site ("Profiles"). Profiles display Your Content in addition to other account information, and Registered Users can add/edit the tags (or keywords) that other users can search against. There are two types of accounts:
1. A "Designer Account" is an account to be used solely for the purpose of representing your business on the Site. Only users with registered Designer Accounts can post publicly accessible business ratings, reviews, and compliments. In creating a Designer Account, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to the Site. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), or provide an email address other than your own.
2. A "Printer Account" is an account to be used solely for the purpose of representing your business on the Site. In creating or updating a Printer Account, you must be an authorized representative of the business in question, and you must provide complete and accurate information about yourself and the business you represent. You may not provide an email address that is not your own or create multiple Printer Accounts for the same business.
3. A "Developer Account" is an account to be used solely for the purpose of representing your business on the Site. In creating or updating a Developer Account, you must be an authorized representative of the business in question, and you must provide complete and accurate information about yourself and the business you represent. You may not provide an email address that is not your own or create multiple Developer Accounts for the same business.
Section 4. Eligibility
a. Designers & takes a child's privacy very seriously, and we adhere to the requirements of the Children's Online Privacy Protection Act. Accordingly, if you are under 13 years of age, you are not authorized to use the Site.
b. If you use the Site on behalf of a company, entity, or organization, you must be an authorized representative with the authority to bind it to the Terms of Service (which authority you hereby exercise). Otherwise, you may not use the Site.
Section 5. Changes to the Terms of Service
The Terms of Service may be modified by Designers & at any time. When changes are made, we will notify you by making the revised version available on this webpage and will indicate at the top of this page the date that revisions were last made. You should revisit these Terms of Service on a regular basis as revised versions will be binding on you. Any such modification will be effective upon Designers &'s posting of new Terms of Service. Your continued use of the Site after any posted modification to the Terms of Service indicates your acceptance of the modification.
Section 6. Use of the Site
a. Subject to the restrictions in these Terms of Service, Designers & grants you permission to use the Site, including the ability to: (a) post account Profiles, (b) search for relevant business and services, (c) read and write reviews about these businesses, and (d) rate these businesses.
b. You will be exposed to User Content and Third Party Content on the Site. You understand that such content may be offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. Designers & does not endorse User Content or Third Party Content, and cannot vouch for its accuracy.
Section 7. Restrictions on Use
You agree that you will not:
a. use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user's use of the Site;
b. use the Site to transmit or post spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
c. use the Site for promotional or commercial purposes, except as expressly permitted by Designers &;
d. use the Site in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting shill reviews;
e. use the Site for keyword spamming or to otherwise attempt to manipulate search results;
f. use the Site to promote bigotry or discrimination against protected classes;
g. use the Site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
h. use the Site to transmit or post pornography or illegal content;
i. use the Site to solicit personal information from minors or to harm or threaten to cause harm to minors;
j. use the Site in violation of the Terms of Service or any applicable law;
k. modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by Designers &;
l. reverse engineer any portion of the Site, except as may be permitted under the law;
m. remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site;
n. record, process, or mine information about other users;
o. use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Site or any Site Content;
p. access, retrieve or index the Site to construct or populate a searchable database of business reviews;
q. reformat or frame any portion of the Site;
r. take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on Designers &'s technology infrastructure;
s. attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, "Viruses"); use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.
Section 8. No Unlawful or Prohibited Use
As a condition of your use of the Site, you warrant and covenant that you will not use the Site for any purpose that is unlawful or prohibited by this Terms of Service. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. You understand that using the Site for an illegal purpose or to transmit content that is unlawful, harassing, libelous, invasive of anothers privacy, harmful, vulgar, obscene, or otherwise objectionable, may result in removal of content and/or terminate or suspend your ability to use the Site.
Section 9. Special Notice for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. If you are providing any Content from any foreign country, you acknowledge and consent to such data and information being processed by Designers & and its service providers in the United States and other third countries.
Section 10. Permission to Use Your Content
a. You grant Designers & the irrevocable right to use Your Content for any purpose, including but not limited to the right to reformat it, edit it, publish it, associate it with your account name, incorporate it into other works, create derivative works from it, distribute it, promote it, and license these same rights to third parties for use in connection with other media platforms ("Other Media").
b. You grant the Site's users and the users of any Other Media the irrevocable right to access Your Content in connection with their use of the Site and any Other Media.
c. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content.
Section 11. Responsibility for Your Content
a. You are solely responsible for Your Content. You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Designers &.
b. Because you alone are responsible for Your Content (and not Designers &), you may expose yourself to liability if, for example, Your Content violates a third party's rights, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Section 12. Use of Content
a. Designers & may or may not use User Content in its sole discretion. For example, we may choose not to publish User Content if we believe it violates the Terms of Service or content guidelines. In addition, please note that we have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
b. Designers & and its licensees may display advertisements and other information adjacent to or included with Your Content on the Site and Other Media. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
Section 13. Copyright Dispute Policy
Designers & has adopted the following policies and procedures toward copyright infringement in accordance with Title 17, United States Code, Section 512(c), which is part of the Digital Millennium Copyright Act ("DMCA"). The address of Designers &'s Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is provided at the bottom of this section. It is Designers &'s policy to (i) respond to notices of alleged copyright infringement that comply with the DMCA; and (ii) terminate the accounts of those determined by Designers & to be "repeat infringers".
a. Procedure for Reporting Copyright Infringements. If you are a copyright owner or agent thereof, and believe that your copyright is being infringed in connection with the Site, please send a written notification to the Designated Agent detailing the alleged infringement. Your written notification must include:
1. Identification of the copyrighted work that you claim has been infringed;
2. Identification of the Content on the Site that allegedly infringes upon the copyrighted work at issue, and information reasonably sufficient to permit Designers & to locate such Content;
3. A statement by you that you have a good faith belief that the use of the Content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
4. A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
5. Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
Please note that Designers & may, at its sole discretion, send a copy of such notices to third parties for publication. For example, your letter (with personal information removed) may be forwarded to Chilling Effects for publication. Please note that you may be subject to liability under Section 512(f) of the DMCA if you materially misrepresent that content on the Site infringes your copyright.
b. Procedure to Supply a Counter-Notice to the Designated Agent. If you believe that Content has been mistakenly removed from the Site pursuant to this DMCA policy, you may send a written counter-notice to the Designated Agent including the following:
1. Identification of the Content that was removed, and the location on the Site where it would have been found prior to its removal;
2. A statement under penalty of perjury that you have a good faith belief that the Content was removed as a result of a mistake or misidentification;
3. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is located outside the United States, for any judicial district in which Designers & is located, and that you will accept service of process from the person who provided notification under 512(c)(1)(C) or an agent of such person; and
4. Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
c. Address for Designated Agent. Please contact the Designated Agent at the following address:
Designers & Us
241 Centre Street, 4th Floor
New York, NY 10013
United States of America
The Designated Agent should only be contacted in connection with the issues raised in this Section. All other inquiries directed to the Designated Agent will not be responded to; instead, such inquiries should be made through the procedures referenced below.
Section 14. Site Availability
Designers & reserves the right (but is under no obligation) to modify, update, or discontinue the Site at its sole discretion, at any time, for any or no reason, and without notice or liability.
Section 15. Unauthorized Access
Designers & reserves the right to exercise whatever lawful means it deems necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.
Section 16. Investigations
a. Dissatisfaction. If you are dissatisfied with the Site, please let us know by providing feedback to the customer support team through our contacts page. Your input is valuable to us. Your only other remedies with respect to any dissatisfaction with (i) the Site, (ii) the Terms of Service, (iii) any policy or practice of Designers & in operating the Site, or (iv) any content or information transmitted through the Site, is to discontinue using the Site or to terminate your account.
b. Suggestions and Improvements. By sending us any ideas, suggestions, documents and/or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
Section 18. Termination
a. Designers & may terminate or suspend your ability to use the Site, in whole or in part, at Designers &'s sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your ability to use the Site if you breach the Terms of Service or are suspected of involvement in illegal activity. Any such termination or suspension could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.
b. You may terminate the Terms of Service at any time by closing your account, discontinuing your use of any and all parts of the Site, and providing Designers & with a notice of termination via email at firstname.lastname@example.org with the "Close my account" in the subject line. If you close your account, we will use commercially reasonable efforts to stop displaying your account profile on the Site, but may continue to display Your Content where it implicates other users (e.g., compliments or reviews that you have sent to other users).
c. In the event of any termination, whether by you or us, Sections 9, 10, 11, 12, 16, 17, 18, 19, 20, 21 and 23 of the Terms of Service will continue in full force and effect, including Designers &'s rights with respect to Your Content, as detailed in Section 9.
Section 19. Ownership
Designers & owns the Designers & Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding User Content and Third Party Content. Designers & also owns the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the Designers & Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit, any of the Designers & Content in whole or in part except as expressly authorized by Designers &. Except as expressly and unambiguously provided herein, Designers & does not grant you any express or implied rights, and all rights in and to the Site and the Designers & Content are retained by Designers &.
Section 20. Material Provided to Designers & or Posted on the Site
a. Designers & does not control all of the content posted via the Site and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the Site, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Designers & be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed or otherwise transmitted via the Site.
b. You acknowledge that Designers & does not pre-screen content, but that Designers & and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is available via the Site. Without limiting the foregoing, Designers & and its designees shall have the right to remove any content that violates the TOS or is deemed by Designers &, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by Designers & or submitted to Designers &, including, without limitation, information in Designers & events section, and in all other parts of the Site.
c. Designers & does not claim ownership of the content or materials you provide to Designers & or post, upload, input or submit to the Site (collectively "Submissions"), unless otherwise specified. However, by posting, uploading, inputting, providing or submitting your Submission you are granting Designers &, its affiliated companies, necessary sublicensees and successors and assigns a nonexclusive, worldwide, royalty free, perpetual, non-revocable license to use your Submission in connection with the operation of the Site, including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
d. You also hereby grant Designers & and those acting on behalf of Designers &, the irrevocable unrestricted right to (i) use all content, including your postings, manners now or hereafter known, without compensation of any kind and without restriction as to changes or alterations, for advertising, promotion, exhibition, or other lawful purposes. You hereby waive any right to inspect or approve any such content or materials produced or any finished products incorporating such content or materials. You hereby release and hold harmless Designers & from any damages or liability relating to or arising from any use of or modification or alteration to any such content or materials, including but not limited to claims for invasion of privacy or libel. You understand that Designers & would not use such content or materials without you first agreeing to this TOS.
e. You acknowledge and agree that Designers & may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Designers &, its users and the public. You understand that the technical processing and transmission of the Site, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Section 21. Warranties, Disclaimers, and Limitations of Liability
a. THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. DESIGNERS & MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF BUSINESS REVIEWS AND BUSINESS INFORMATION LISTED ON THE SITE, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE SITE. DESIGNERS & FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM DESIGNERS & OR THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.
b. DESIGNERS & DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION OF DESIGNERS & OR ANY THIRD PARTY, OR (E) LOSS OF INFORMATION OR DATA.
c. DESIGNERS & FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE SITE AND SITE CONTENT. YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE SITE.
d. DESIGNERS & ALSO DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS, OR USERS ON THE SITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES, ADVERTISERS, AND USERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH DESIGNERS & RESERVES THE RIGHT (BUT HAS NO OBLIGATION) TO MONITOR DISPUTES BETWEEN YOU AND THEM.
e. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
f. DESIGNERS &s MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO DESIGNERS & IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) US $100.00.
Section 22. Indemnity
You agree to indemnify and hold Designers &, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Site, (ii) your violation of the Terms of Service, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Designers & reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Designers &. Designers & will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Section 23. Third Parties
The Site may include links to other websites (each, a "Third Party Site"). Designers & does not control or endorse any Third Party Site, and you agree that Designers & is not responsible for the availability or contents of such Third Party Sites.
a. Dealings with Advertisers: Your correspondence or business dealings with advertisers or promoters found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Designers & shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site.
b. Hyperlinks to Third Party Websites: The Site may provide, or third parties may provide, links to other sites and resources on the Internet. Because Designers & has no control over such sites and resources, you acknowledge and agree that Designers & is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, events, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Designers & 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, events, goods or services available on or through any such hyperlinked site or resource.
Section 24. Miscellaneous
a. If there is any dispute about or involving the Site or Designers &, you agree that any such dispute will be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the Supreme Court of the State of New York, County of New York, or other competent court of the State of New York of general jurisdiction if monetary thresholds require.
b. No agency, partnership, joint venture, or employment is created as a result of the Terms of Service, and you do not have any authority of any kind to bind Designers & in any respect whatsoever.
c. Designers & may provide you with notices, including those regarding changes to the Terms of Service by email, regular mail or postings on the Site.
d. Except as otherwise stated in Section 20 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
e. The Terms of Service contain the entire agreement between you and Designers & regarding the use of the Site, and supersede any prior agreement between you and Designers & on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Service.
f. The failure of Designers & to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
g. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Service shall otherwise remain in full force and effect and enforceable.
h. The Terms of Service are not assignable, transferable or sublicensable by you except with Designers &'s prior written consent, but may be assigned or transferred by Designers & without restriction. Any assignment attempted to be made in violation of the Terms of Service shall be void.
i. The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
Section 25. Contact and Violations
Please contact us with any questions regarding the Terms of Service. Please report any violations of the Terms of Service to our legal department.
Legal: Designers & Us
Designers & Us
241 Centre Street, 4th Floor
New York, NY 10013
United States of America
Section 26. Your Privacy
Section 27. Marks
Designers & and the Designers & logo(s) are proprietary service marks of Designers And Us.