Terms of Service

The Design Network, LLC: Terms of Service THE DESIGN NETWORK, LLC ["TDN"] is providing its services on the following terms.

1. By using any existing or future TDN media, platforms, including but not limited to apps, websites, or social media pages ["Platforms"] and/or TDN's online services, data feeds, or other goods and services of any kind ["Services"] you understand and affirm your agreement to be bound by these Terms of Service, and to the TDN Guidelines ["Terms"]. The Terms apply to all users. Unless you agree to all of the Terms, you should not use the Platforms or Services.
2. Access to certain functionalities of Platforms and Services may require you to register with and/or provide certain information to TDN. We reserve the right to decline to provide access to Platforms or Services to any person for any or no reason. When you register with or provide information to TDN, you agree to provide accurate, current and complete information about yourself as prompted, and maintain and update your information to keep it accurate, current, and complete.
3. The Services as well as any kind of material and information provided on, by, or through TDN's Platforms, including but not limited to data, text, graphics, designs, logos, images, audio/visual materials, links, User Content, and references ["TDN Content"] are provided for individual use only and not for resale.
4. Content and Conduct

   As part of your use of the Platforms and Services, you may post, share, send, submit or otherwise provide material and information of many kinds including but not limited to photos, images, videos, comments, messages, names, voices, ideas, sounds, feedback, ratings, and reviews ["User Content"]. By choosing to participate in these or other ways you agree to, acknowledge, represent and warrant the following:

   1. You are solely responsible for the User Content and for the consequences of having it posted;
   2. User Content may be viewed by the general public and will not be treated as private, proprietary or confidential;
   3. You grant TDN a worldwide, non-exclusive, royalty-free, assignable, perpetual, irrevocable, and transferable license to use, reproduce, distribute, derive works from, post and display the User Content in connection with the Services and TDN's business, including without limitation for promoting and redistributing part or all of the User Content (and derivative works thereof) in any media format and through any media channel;
   4. You grant each user of the Platform and Services a non-exclusive license to access your User Content, and to use, reproduce, distribute, display and perform such Content;
   5. The above licenses granted by you in user comments you submit are perpetual and irrevocable;
   6. You waive and release any moral rights that you may have in any User Content posted or provided by you;
   7. The User Content does not infringe on the copyrights of any person or entity and it is not subject to third-party proprietary rights of any kind;
   8. You are legally entitled to post User Content and grant TDN all of the license rights granted herein, and you have the right to use and permit us to use and license such Content in the manner stated in this Agreement. (This means, for example, that if you provide the name, voice or likeness of any person, you have obtained a release from that person permitting its use as stated in this Agreement. It also means that if you post any kind of image of a work of art of any kind including but not limited to sculpture, photography, or architecture that is copyrighted, you have obtained a release from the owner of the copyright to reproduce the work as stated in this Agreement or that you are the owner of the copyright.)
5. Prohibitions. In utilizing the Platforms and Services you agree that you will not:
   1. Harm TDN's public image, goodwill or reputation or that of its sponsors;
   2. Infringe on any copyright, patent, trademark, or other proprietary rights or rights of publicity or privacy;
   3. Express or imply that TDN endorses any of your statements or actions or those of others;
   4. Violate any law or give rise to criminal or civil liability;
   5. Defame, harass, threaten, discriminate, invade privacy;
   6. Distribute in any medium any part of the Service, User Content or TDN Content without TDN's written authorization, unless TDN intentionally makes available the means for such distribution;
   7. Modify any part of the Platforms or Services;
   8. Copy, reproduce, distribute, transmit, sell, license, display, republish, post, digitize, translate, modify, or otherwise exploit any content for any other purposes without the prior written consent of TDN or the respective licensors of the content;
   9. Disable or interfere with security-related features of the Services or features that prevent or restrict use or copying of any content;
   10. Post User Content that is in any way tortious, pornographic or obscene;
   11. Post trade secrets or other non-public information about any person or business;
   12. Modify, adapt, sell, reverse engineer, decompile, or disassemble any portion of the Platforms or Services;
   13. Post any reviews about a TDN sponsor if you are an employee, contractor, officer or director of the sponsor; an employee, contractor, officer or director of a competitor of the sponsor; or related to the sponsor in any way, including blood, adoption or by marriage;
   14. Post any rating or review or User Content that is not based upon your first-hand experience with the vendor and/or service provider that is the subject of the review or rating;
   15. Make any statement that is inaccurate, misleading or untruthful;
   16. Remove any copyright, trademark, or other proprietary rights;
   17. Sublicense, sell, lease, assign, or convey any rights under this Agreement to any third party, or otherwise commercially exploit or profit from the User Content or TDN Content;
   18. Interfere with or disrupt any Platforms or Services;
   19. Violate the CAN-SPAM Act of 2003;
   20. Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, or data mine the Platforms or Services or circumvent its security measures;
   21. Collect information about any TDN Users without their express consent.
6. Account Termination Policy

   TDN reserves the right to decide whether User Content violates these Terms. Based upon that, or upon any other factor TDN deems appropriate, TDN may remove User Content and/or terminate a user's access or account at any time, without notice.

7. Digital Millennium Copyright Act
   1. A copyright owner or owner's agent who believes that any content infringes upon their copyrights, may submit a notification under the Digital Millennium Copyright Act ("DMCA") by giving our Copyright Agent the following information in writing. See 17 USC — 512(c)(3).
      1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
      2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
      3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
      4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
      5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
      6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
   2. TDN's designated Copyright Agent to receive notifications of claimed infringement is L. Frye; dmca@thedesignnetwork.com; Post Office Box 1550; Jamestown, NC 27282; 336.822.3300, extension 2147; fax: 336.822.3036. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
   3. Upon being properly notified that any Content infringes on another valid intellectual property rights, TDN will remove it.
8. Privacy Policy
   1. TDN wants you to feel comfortable searching and exchanging information on our site. We realize the importance of feeling safe online and are committed to ensuring that your privacy is respected and protected when you interact with our Platform and Services website. Privacy refers to the way TDN collects and uses personal information.
   2. We collect and store the following information:
      1. Email address, IP address, and physical contact information;
      2. Comments, reviews, images, other uploaded content, questions and answers, discussion area posts and other messages, including correspondence between TDN and you;
      3. Measurable actions of profiles such as comments, ratings; and
      4. Other information automatically collected whenever you interact with TDN, such as computer sign-on data, statistics on page views and traffic to and from the TDN site.
   3. We may use or disclose your information for the following purposes:
      1. Provide the Services;
      2. Verify your identity when you sign in;
      3. Encourage appropriate online experiences;
      4. Customize your experience, analyze site usage, improve and measure interest in our services, and inform users about services and updates;
      5. Communicate administrative announcements when we need to provide users with information that may affect their use of TDN;
      6. Communicate marketing and promotional offers to our users; and
      7. Deliver information to you that is targeted to your interests. Upon receipt of the first communication of this type, you will have the opportunity to opt-out of future communications by following unsubscribe instructions described within the communication. As part of your registration on TDN, you agree that you may receive certain administrative communications from TDN, and you will not be able to opt out of receiving such administrative communications.
      8. Help with our business operations and assist in the delivery of Services
      9. Comply with relevant laws or in cooperation with law enforcement.
      10. Allow the affiliates of TDN or third parties in order to do the following:
          1. Identify your reviews as your own;
          2. Enforce our Terms and other TDN agreements and policies, or to protect anyone's rights, property, or safety;
          3. Respond to claims that photos or other content that you upload violates other's rights;
   4. Cookies

      Our site uses a feature of your browser to set a "cookie" on your computer. Cookies are small packets of information that a site's computer stores on your computer. TDN can then read the cookies whenever you visit the TDN website. We use cookies to save your password so you don't have to re-enter it each time you visit our site; to deliver content specific to your interests; and to track the pages you've visited. These cookies allow us to use the information we collect to assure your visit to the site is as relevant and as valuable to you as possible. Once you have provided information, we keep it in your personal account file so you don't have to re-enter it next time.

   5. Opt-In/Opt-Out Policy

      Upon registration, you may be asked to indicate whether you are interested in receiving occasional information from us about special offers or news that we feel may be of interest to you. We will do so only with your permission. If you do choose to receive these communications by means of an opt-in, we will occasionally send you an email message that matches your request. You may, of course, always choose not to receive any of this information from us. At any time, you can follow a link provided in every newsletter or email message to unsubscribe from that mailing list or email service. Further, you may contact us through info@thedesignnetwork.com.

   6. If you have any questions about this policy or believe there is a problem during your visit, you can contact us at info@thedesignnetwork.com.
9. DISCLAIMER, WAIVERS, LEGAL MATTERS, ETC.
   1. TDN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONTENT, PRODUCT, OPINION, RECOMMENDATION OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TDN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
   2. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. WE PROVIDE THE SERVICES WITHOUT EXPRESSED OR IMPLIED WARRANTIES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL ALWAYS BE SAFE, SECURE OR WITHOUT ERROR OR THAT IT WILL FUNCTION WITHOUT FLAWS, DISRUPTIONS, OR DELAYS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES. YOU RELEASE TDN, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. OUR AGGREGATE LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, TDN'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
   3. TDN, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, SHALL IN NO EVENT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
   4. YOU SPECIFICALLY ACKNOWLEDGE THAT TDN SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
   5. Governing Law and Jurisdiction

      You agree that the Platforms and Services are to be deemed solely based in the State of North Carolina; and the Platforms and Services shall be deemed passive and do not give rise to personal jurisdiction over TDN, either specific or general, in jurisdictions other than the State of North Carolina. These terms shall be governed by the internal substantive laws of the State of North Carolina, without respect to its conflict of laws principles. Any claim or dispute between you and TDN that arises in whole or in part from the Platforms or Services shall be decided exclusively by a court of competent jurisdiction located in Guilford County, North Carolina.

   6. FOR ANY DISPUTE YOU HAVE WITH TDN, YOU AGREE TO FIRST CONTACT US AND ATTEMPT TO RESOLVE THE DISPUTE WITH US INFORMALLY. IF TDN HAS NOT BEEN ABLE TO RESOLVE THE DISPUTE WITH YOU INFORMALLY, WE EACH AGREE TO RESOLVE ANY CLAIM, DISPUTE, OR CONTROVERSY (EXCLUDING CLAIMS FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF) ARISING OUT OF OR IN CONNECTION WITH OR RELATING TO THESE TERMS BY BINDING ARBITRATION BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER THE COMMERCIAL ARBITRATION RULES AND SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES THEN IN EFFECT FOR THE AAA, EXCEPT AS PROVIDED HEREIN. THE ARBITRATION WILL BE CONDUCTED IN GUILFORD COUNTY, NORTH CAROLINA. EACH PARTY WILL BE RESPONSIBLE FOR PAYING ANY AAA FILING, ADMINISTRATIVE AND ARBITRATOR FEES IN ACCORDANCE WITH AAA RULES. ANY JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION. NOTHING IN THIS SECTION SHALL PREVENT EITHER PARTY FROM SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM THE COURTS FOR MATTERS RELATED TO DATA SECURITY, INTELLECTUAL PROPERTY OR UNAUTHORIZED ACCESS TO THE SERVICES. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND TDN ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
   7. Indemnity

      To the greatest extent permitted by law, you agree to defend, indemnify and hold harmless TDN officers, directors, employees, agents, sponsors, and any affiliated companies from and against any and all claims, damages, obligations, losses, liabilities, costs and/or expenses (including attorney's fees) arising from your use of and access to the Platforms and Services; your violation of any term of the Terms; your violation of any third party right, including without limitation any copyright, property, or privacy right; or any claim that user content caused damage to a third party. This defense and indemnification obligation will survive the term and your use of the Platform or Services.

   8. Legal Capacity to Accept Terms

      You affirm that you at least 18 years of age and competent to enter into the Terms, representations, and promises set forth in the Terms.

   9. Assignment

      The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TDN without restriction.

   10. General

       The Terms and any legal notices published by TDN on its Platforms or Services shall constitute the entire agreement between you and TDN. If any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. No waiver of any of the Terms shall be deemed a continuing waiver of such term or any other term. TDN 's failure to assert any right under the Terms shall not constitute a waiver of such right. TDN reserves the right to amend the Terms at any time and without notice. You are responsible for reviewing the Terms for any changes. Your use of the services following any amendment of the Terms will signify your acceptance of any revisions. You and TDN agree that any cause of action arising out of or related to the Platform or Services must commence within one (1) year after the cause of action accrues or such cause of action shall otherwise be permanently barred.

Terms of Service

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