Terms of Use of Designbar
By using Designbar.com (hereon referred to as "Designbar") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member ("Member").
If you wish to use Designbar (the "Web site") in any way, become a Member and/or communicate with other Members and make use of the Designbar services (the "Service"), read these Terms of Use as by viewing and using Designbar in any way you are accepting the following Terms of Use.
This Agreement sets out the terms of your use of the Web site and your membership in the Service, which are legally binding and may be modified by Designbar at any time, such modifications to be effective upon posting by Designbar on the Web site. This Agreement includes Designbar's Acceptable Use Policy for both use of information found and Content Posted on the Web site, Designbar's Privacy Policy, and any notices regarding the Web site.
Eligibility
There are essentially 4 membership types
1) Contacts (this is for any professional person of company within the design industry from designer to supplier)
2) Education. There are 3 categories within this type, all of which must be design related, Academic Institution (any college that has design based courses) Student or Staff (any student or member of staff studying or teaching design at a college which is registered with Designbar [a student membership can continue for up to 2 years after qualifying]).
3) Events (this is for any gallery/museum or event organiser that puts on Events/exhibitions in Art or Design both trade or public).
4) Public (this is for anyone who has an interest in Design, including amateur designers and makers),
By using the Web site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
Term
This Agreement will remain in full force and effect while you use Designbar and/or are a Member. You may terminate your membership at any time, for any reason, by giving written email notice of termination (you must include your User ID, but do not include your password in any comunication) and for subscribing members, by stopping your regular payments . We reserve the right to cancel any membership if the appropriate membership criteria have not been met or a member has acted in any way we feel is inappropriate - only in exceptional circumstances will any monies paid be refunded. If Designbar terminates your membership because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Even after this Agreement is terminated, certain provisions will remain in effect. In any membership disputes Designbar's decision is final and binding.
Use by Members
Illegal and/or unauthorised uses of the Web site, including collecting usernames and/or contact details of members by any means for the purpose of sending unsolicited group mail and/or emails and unauthorised framing of or linking to the Web site will be investigated, and if necessary appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
Proprietary Rights in Content on Designbar
Designbar owns and retains all proprietary rights in the Web site and the Service. The Web site contains the trademarks, copyrighted material trademarks, and other proprietary information of Designbar, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Content Posted on the Site
a. You understand and agree that Designbar may review and delete any content, contact details, images or profiles (collectively, "Content") that in the sole judgment of Designbar violate this Agreement or which might be illegal, offensive or that might violate the rights, harm, or threaten the safety of Members or any other 3rd parties.
b. You, and not Designbar are solely responsible for the Content that you publish or display (hereinafter, "post") on Designbar, or transmit to other Members.
c. By posting Content to any public area of Designbar, you automatically grant, and you represent and warrant that you have the right to grant, to Designbar an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorise sublicenses of the foregoing.
d. The following is a non-exhaustive list of the kind of Content that is illegal or prohibited on the Web site. Designbar reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending content from the Service and terminating the membership of such violators. It includes Content that:
- is patently offensive to the online community, such as Content that promotes hatred, racism, bigotry or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another group or person;
- involves the transmission of "chain letters ", "junk mail" or unsolicited mass mailing or "spamming";
- promotes information that you know is misleading, false, or promotes illegal activities or conduct that is abusive, threatening, defamatory or libellous;
- promotes an unauthorised or illegal copy of another person's copyrighted work, e.g. providing pirated computer programs or links to them, providing information to bypass manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains password only or restricted access pages, or hidden pages or images (those not linked to or from another accessible page) ;
- displays pornographic or sexually explicit material of any kind;
- provides material that exploits minors (people under the age of 18) in a sexual or violent manner, or solicits personal information from anyone under 18;
- provides instructional information about illegal activities e.g. making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
- engages in the following or similar type of commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter and pyramid schemes.
e. The Service must be used in a manner consistent with any and all applicable laws and regulations.
f.Transmission of any chain letters or junk email to other Members is not permitted. You may not use any information obtained from the Service in order to harass, abuse, or harm another person.
Copyright Policy
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without holding the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please
contact us
with the following information: a description of the copyrighted work that you believe to have been infringed; a description of where the material that you claim is infringing is located on the Web site (include the url); your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorised 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 authorised to act on the copyright owner's behalf.
Privacy
Use of the Web site and/or the Service is also governed by our Privacy Policy.
Disclaimers
Designbar can not be held responsible for any incorrect or inaccurate Content posted on the Web site or in connection with the Service, whether caused by users of the Web site, Members or by any of the equipment or programming associated with or utilised in the Service. Designbar can not be held responsible for the conduct, whether online or offline, of any user of the Web site or Member of the Service. Designbar assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, user or Member communications. Designbar can not be held responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web site and/or in connection with the Service. Under no circumstances will Designbar be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Web site or the Service, any Content posted on the Web site or transmitted to Members, or any interactions between users of the Web site, whether online or offline. Designbar expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Designbar cannot guarantee and does not promise any specific results from use of the Web site and/or the Service.
Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event will Designbar be liable to you or any third perties for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if Designbar has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Designbar's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, to Designbar by you for the Service during the term of membership.
Disputes
If there is any dispute about or involving the Service and/or the Web site, by using the Web site, you agree that the dispute will be governed by the laws of England without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the country and courts of England.
Indemnity
You agree to indemnify and hold Designbar, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
Other
This Agreement, accepted upon use of the Web site and further affirmed by becoming a Member of the Service, contains the entire agreement between you and Designbar regarding the use of the Web site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
I have read this agreement and by viewing and/or making use in any way of the Web site I am agreeing to all of the provisions contained above.
