Terms of Service

1. Your relationship with Design Brand.

1.1 Your use of Design Brand’s services and web site (referred to collectively as the “Services” in this document) is subject to the terms of a legal agreement between you and Design Brand. This document explains how the agreement is made up, and sets out some of the terms of that agreement.

1.2 These Terms of Service form a legally binding agreement between you and Design Brand in relation to your use of the Services. It is important that you take the time to read them carefully. This legal agreement is referred to below as the “Terms”.

2. Accepting the Terms

2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

2.2 You can accept the Terms by:

(A) clicking to accept or agree to the Terms, where this option is made available to you by Design Brand in the user interface for any Service; or

(B) by actually using the Services. In this case, you understand and agree that Design Brand will treat your use of the Services as acceptance of the Terms from that point onwards.

2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Design Brand, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.

2.4 Before you continue, you should print off or save a local copy of the Terms for your records.

3. Provision of the Services by Design Brand

3.1 Design Brand is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Design Brand provides may change from time to time without prior notice to you.

3.2 As part of this continuing innovation, you acknowledge and agree that Design Brand may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Design Brand’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Design Brand when you stop using the Services.

3.3 You acknowledge and agree that if Design Brand disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

3.4 You acknowledge and agree that while Design Brand may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Design Brand at any time, at Design Brand’s discretion.

4. Use of the Services by you

4.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Design Brand will always be accurate, correct and up to date.

4.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

4.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Design Brand, unless you have been specifically allowed to do so in a separate agreement with Design Brand. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers).

4.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

4.5 Unless you have been specifically permitted to do so in a separate agreement with Design Brand, you agree that you will not reproduce, duplicate, copy, attempt to create a substitute or similar service through use of or access to, sell, trade or resell the Services for any purpose.

4.6 You agree that you are solely responsible for (and that Design Brand has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Design Brand may suffer) of any such breach.

4.7 We do not assume any responsibility for special processing or handling of data that might be considered “sensitive” or otherwise “regulated” by particular laws. You specifically consent to our processing of data that you upload to the Service with no special handling, and you agree that you will not, and will use commercially reasonable efforts to make sure a third party does not, use the Services to store or transfer any data that is controlled for export under any export or reexport control law or regulation, or is otherwise subject by law to special processing restrictions (for example, privacy, financial services, and health information laws and regulations).

4.8 You agree that you are responsible for your own conduct and Content while using the Services and for any consequences thereof. You agree to use the Services only for purposes that are legal, proper and in accordance with these Terms.

5. Billing and Payment

5.1 If you select a paid Services, you may subscribe and pay for the Services on a monthly basis and Design Brand will bill the account administrator in advance for use of the Services. Current pricing for monthly paid levels are as set forth on the Design Brand web site, and Design Brand reserves the right to modify pricing at any time, provided however that Design Brand will notify the account administrator of a paid level account by email prior to any monthly price increase affecting that account. If you upgrade to a higher paid level or tier, Design Brand will credit any remaining balance from your previous subscription payment to your new level or tier. You may choose to discontinue your paid level account at any time.

5.2 You agree to maintain valid and up-to-date billing information on file with Design Brand. You may update this billing information at any time in your Account settings.

5.3 All payments due are in U.S. dollars unless otherwise indicated on the subscription pricing page or invoice.

6. Refunds

6.1 If you are not satisfied with Design Brand service, contact us within 30 days of your purchase to ask for a refund. Refunds requested more than 30 days after your initial purchase date will not be issued unless the transaction was subject to a fraudulent purchase.

6.2 If you are issued a refund, it should appear on your credit card statement within 48 hours. Upon receiving your refund you must uninstall or stop using our services.

7. Your passwords and account security

7.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

7.2 Accordingly, you agree that you will be solely responsible to Design Brand for all activities that occur under your account.

7.3 If you become aware of any unauthorized use of your password or of your account, you agree to notify Design Brand immediately.

8. Privacy and your personal information

8.1 For information about Design Brand’s data protection practices, please read Design Brand’s privacy policy. This policy explains how Design Brand treats your personal information, and protects your privacy, when you use the Services.

8.2 You agree to the use of your data in accordance with Design Brand’s privacy policies.

9. Content in the Services

9.1 You understand that all information (such as data files, fonts, written text, computer software, music, audio files, image files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.

9.2 You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Design Brand (or by other persons or companies on their behalf).

9.3 Design Brand reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.

9.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

9.5 You agree that you are solely responsible for (and that neither Design Brand nor the third party provider through whom you purchased Design Brand has any responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Design Brand may suffer) by doing so.

10. Proprietary rights

10.1 You acknowledge and agree that Design Brand (or Design Brand’s licensors) and its resellers own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Design Brand or its resellers and that you shall not disclose such information without Design Brand's prior written consent.

10.2 Unless you have agreed otherwise in writing with Design Brand, nothing in the Terms gives you a right to use any of Design Brand’s or its resellers' trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

10.3 If you have been given an explicit right to use any of these brand features in a separate written agreement with Design Brand, then you agree that your use of such features shall be in compliance with that agreement, and any applicable provisions of the Terms.

10.4 Design Brand acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Design Brand, you agree that you are responsible for protecting and enforcing those rights and that Design Brand has no obligation to do so on your behalf.

10.5 When you create Content under an individual plan, that Content is available only to you and other Design Brand users with whom you share the Content. However, if you are or become an individual user managed under a multi-user subscription plan maintained by your employer or other third party (a “Multi-User Plan”), any Content you have created or will create will be subject to control by the Account Administrators (defined within the Design Brand administrative panel) of the Multi-User Plan, and is no longer “your Content” for purposes of this Agreement. Account Administrators under a Multi-User Plan can designate other users under that Multi-User Plan as owners of the Content you originally created, in which case you may no longer be able to access the Content and may lose any copyright or other rights you held in the Content. If you have questions about Multi-User Plans, please contact us.

10.6 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

11. Ending your relationship with Design Brand

11.1 The Terms will continue to apply until terminated by either you or Design Brand as set out below.

11.2 If you want to terminate your legal agreement with Design Brand, you may do so by (a) notifying Design Brand at any time and (b) closing your accounts for all of the Services which you use, where Design Brand has made this option available to you.

11.3 Design Brand may at any time, terminate its legal agreement with you:

(A) if you have breached any provision of the Terms (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or

(B) if Design Brand is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

(C) if Design Brand is transitioning to no longer providing the Services to users in the area in which you are resident or from which you use the service; or

(D) if the provision of the Services to you by Design Brand is, in Design Brand’s opinion, no longer commercially viable.

11.4 In addition, Design Brand may terminate its legal agreement with you, for any reason or no reason, by giving you 5 days’ written notice to the email address you provide when you register for Design Brand. If we discontinue your access to the Services at the end of this 5 day period, our termination will be effective at the end of this period, and we will refund any prepaid, unused subscription fees for the Services as soon as practicable thereafter.

12. EXCLUSION OF WARRANTIES

12.1 NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT Design Brand’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”

12.3 IN PARTICULAR, Design Brand AND ITS LICENSORS AND RESELLERS DO NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,

(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND

(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

12.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

12.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Design Brand OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

12.6 Design Brand AND ITS LICENSORS AND RESELLERS FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

13. LIMITATION OF LIABILITY

13.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT Design Brand AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(I) ANY CHANGES WHICH Design Brand MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

(II) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

(III) YOUR FAILURE TO PROVIDE Design Brand WITH ACCURATE ACCOUNT INFORMATION;

(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

13.2 THE LIMITATIONS ON Design Brand’S LIABILITY, AND THAT OF ITS LICENSORS AND RESELLERS, TO YOU IN PARAGRAPH ABOVE SHALL APPLY WHETHER OR NOT Design Brand, ITS LICENSORS OR RESELLERS HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

14. Advertisements

14.1 Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.

14.2 The manner, mode and extent of advertising by Design Brand on the Services are subject to change without specific notice to you.

14.3 In consideration for Design Brand granting you access to and use of the Services, you agree that Design Brand may place such advertising on the Services.

15. Changes to the Terms

15.1 Design Brand may make changes to the Terms from time to time. When these changes are made, Design Brand will make a new copy of the Terms available.

15.2 You understand and agree that if you use the Services after the date on which the Terms have changed, Design Brand will treat your use as acceptance of the updated Terms.