Design With Friends Website Terms of Use

Last Update: January 06, 2020

These Terms of Use govern your access to and use of Design With Friends (the "Company") website (the “Site”), any information, text, graphics, animations, images, 3D items and renders or other materials appearing on the Site or made available on the Site (the “Content”), and any services provided through the Site, including, without limitation, the interior design application which, among others, allows our users to design nurseries and other spaces with the use of our Content (the “Services”). Your access to and use of the Site, Content, and / or Services are expressly conditioned on your compliance with these Terms of Use. By accessing or using the Site, Content, or Services, you agree to be bound by these Terms of Use. If you are using the Services on behalf of an organization, you are agreeing to these Terms of Use for that organization and its authorized users and representing that you have the authority to bind that organization to these Terms of Use.

Modification of Terms of Use

You acknowledge and agree that Company may revise these Terms of Use from time to time. By continuing to access or use the Site, Content, or Services after Company makes any such revision, you agree to be bound by the revised Terms of Use. The latest revision date is specified above in the "Last Update" field.

Privacy

See Company’s Privacy Policy for information and notices concerning Company’s collection and use of your personal information.
Registration and User Account

In order to use certain features of the Services, you must register and create a User account("Account"). Registration can be done by completing the registration process in the Site which requires you to provide certain personal information, as further detailed in the Privacy Policy. As part of the registration procedure, you will also be asked to acknowledge that you have read and agree to these terms and conditions. Registration may also be done by using an existing social network account (e.g., Facebook, Google), as further detailed in our Privacy Policy.

You may not have more than one (1) active Account. Your Account is password protected. In order to protect the security of your Personal Information available on your Account, you must safeguard and not disclose your Account log-in details and you must supervise the use of such Account. You must provide accurate and complete information when creating an Account and you agree to not misrepresent your identity or your Account information. You agree to keep your Account information up to date and accurate. You are solely and fully responsible for maintaining the confidentiality of the password and account and for all activities that occur under your account. If we in good faith believe you have created an Account impersonating another person, such Account may expose you to civil and/or criminal liability.

You may not assign or transfer your rights or delegate your duties under the Account without the prior written consent of Company. You must notify us immediately of any unauthorized use of your Account or any other breach of security and in such events, you must change your password immediately by (a) the settings of your Account or (b) sending us an email to info@designwithfriends.com. We cannot and will not be liable for any loss or damage arising from any failure of yours to comply with these Terms, i.e., if someone else accesses your Account through the registration information he has obtained from you or through a violation by you of these Terms, or for any unauthorized use of your Account or any other breach of security.

If you wish to either change your log-in details, or cancel and remove your Account, you can send us an e-mail of your request toinfo@designwithfriends.com. Your Account on the Site will terminate within reasonable time following your request, and from that date of termination you will no longer be able to access your Account.

CANCELLING OR TERMINATING YOUR ACCOUNT MAY CAUSE THE LOSS OF CERTAIN INFORMATION YOU PROVIDED US AND/OR THE CAPACITY OF YOUR ACCOUNT. WE DO NOT ACCEPT ANY LIABILITY FOR SUCH LOSS.

Company Property

All right, title, and interest in and to the Site, Content, and Services, any derivative works thereof, any improvements, enhancements, updates and upgrades thereto and any intellectual property rights in or related to any of the foregoing are and will remain the exclusive property of Company and its licensors. While using the Services, you may generate designs of nurseries or other spaces for your own personal use (the “Design(s)”). You hereby acknowledge and agree that the Company, as the owner of the Content and Services, may offer such Designs to other users, whether as an editable or non-editable version. For the avoidance of doubt, you hereby waive any rights (including moral rights, if any) that you may have in connection with such Designs and agree never to assert any claim or demand with respect thereto. The Site, Content, and Services are protected by copyright, trademark, design and other laws. Except as expressly permitted in these Terms of Use, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Site, Content, or Services, including without limitation, any functionality, user interface or any element thereof, and any screens, buttons, menus etc. You may not copy or modify the HTML code used to generate web pages on the Site. You may not use the Site, Content, or Services on or in connection with any other service, for any purpose. Company has all right, title, and interest in and to any non-identifiable analysis and analytics of your usage of the Site, Content and/or Services and any feedback you provided to Company (which may be used for the further development of our Services and future offerings, without the obligation to provide any consideration to you).

General Prohibitions

You agree to use the Site, Content or Services for your internal business or personal use only. You agree not to do any of the following while using the Site, Content or Services:
  • Post, publish or transmit or store any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’ s privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another’ s rights, including any intellectual property rights; or(vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
  • Use the Services to violate any laws or any rights of Company or any other person or otherwise misuse or inappropriately use the Services;
  • Access, tamper with, or use non - public areas of the Site or Company’ s computer systems;
  • Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
  • Attempt to access or search the Site, Content, or Services with any engine, software, tool, agent, device or mechanism other than the software and / or search agents provided by Company or other generally available third party web browsers;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Content, or Services;
  • Sell, lease, lend, transfer or rent the Site, Content, or Services, use the Site, Content, or Services to provide service bureau, time sharing, rental, application services provider or other services to third parties, or otherwise make the functionality of the Site, Content, or Services available to third parties; Copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Site, Content, or Services in any form or media or by any means;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, Trojan horses, overloading, flooding, spamming, or mail - bombing the Site; or
  • Impersonate or misrepresent your affiliation with any person or entity.
Company will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. Company may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Use. You acknowledge that Company has no obligation to monitor your access to or use of the Site, Content, and Services, but has the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms of Use, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
When you place an order in the Site's "shopping cart" for the purchase of a certain product(s) available on the Site ("Products"), you will be asked to provide certain information, as further detailed in the Privacy Policy. To the extent you had purchased products via our Site in the past, you will be asked to confirm the use of your previous payment method or provide a new payment method. Your payments will be processed by third party online payment service providers,("Online Payment Processors") which are not affiliated with the Company, under their own terms of service and privacy policies. You acknowledge and agree that (i) it is your responsibility to read and comply with their aforementioned documents and (ii) you are fully assuming the risks of conducting any transactions via such Online Payment Processors.
Upon receiving your order, the Online Payment Processors will carry out a pre-authorization check on the credit information you have provided the Company to ensure there are sufficient funds to fulfill the transaction. Once the order is authorized by the applicable Online Payment Processor, you will be charged and a confirmation e-mail will be sent to you, with a summary of your order details.
Our order confirmation email does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline, or place limits on your order for any reason. For the avoidance of doubt, until the goods ordered are dispatched, the order may not be accepted by the Company. Once you have confirmed your order, it might not be possible to edit or cancel it. If you want to change some parameters, such as your addresses, etc., please send us an e-mail to:info@designwithfriends.com. We are not bound to make such modifications to your order, but we will do our best on a case-by-case basis.
Unless otherwise stated in your purchase order, prices do not include shipping and handling costs (however, prices include VAT and taxes). We reserve the right to cancel any orders if full payment is not received.
We reserve the right to cancel any transaction that we have reason to believe to have been fraudulently made, including by unauthorized use of a credit card, debit card, or other payment method. We may choose not to accept any orders in our sole discretion.
The Company cannot and does not make any warranties about the quality, safety or legality of any Products sold by the Company via the Site.

Warranties, Shipment and Returns

The Company is not liable or responsible for the quality, safety, lawfulness or availability of the Products offered for sale on or through the Site. Notwithstanding, the Company represents and warrants that at the time of the delivery of the Product, such Products will not be materially defective or damaged (including any printing errors made by our service providers), and/or that you will not receive the wrong Product (the "Limited Warranty"). The Limited Warranty is effective as of the date of delivery of the Product and lasts for twenty (20) days (the "Warranty Period").
  1. This Limited Warranty does not cover any damage to or defect in a Product caused by any of the following: (a) you or third parties; (b) any improper handling (including during shipping), use or storage of the Product; (c) any failure to follow any Product instructions; (d) any modifications to the Product; (e) any unauthorized repair to the Product; or (f) any external causes such as accidents, fire, flood, “acts of God” or other actions or events beyond our reasonable control; or (g) any costs or expenses related to the loss of use of the Product or any other costs or expenses not covered by this Limited Warranty. This Limited Warranty does not cover any items supplied by third parties, size exchanges or buyers remorse.
    We cannot guarantee that the colors and details in our website images are 100% accurate representations of a Product, and sizes might in some cases be approximate. Accordingly, this Limited Warranty does not cover such matters.
  2. As your sole and exclusive remedy and the Company's sole liability for breach of this Limited Warranty, the Company shall, in our sole discretion, either: (a) replace such Product (or the defective or damaged part of the Product) free of charge, or (b) refund the purchase price paid to us by the User along with the shipping fees corresponding to the defective or damaged Products.
  3. In order to exercise your rights under this Limited Warranty, you must send us an e-mail within the Warranty Period to: info@designwithfriends.com. You should provide additional information such as photos of the Product you received.
  4. For the avoidance of doubt, all claims under this Limited Warranty must be made within the Warranty Period and no refund or replacement of any Product shall extend the Warranty Period.

A detailed bill of sale, proof of purchase or the Product's serial number must be retained as evidence of the date of purchase and to establish Limited Warranty eligibility.

THE REMEDIES DESCRIBED IN THIS SECTION ARE YOUR SOLE AND EXCLUSIVE REMEDIES (AND OUR ENTIRE LIABILITY) FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY FOR A DEFECTIVE OR DAMAGED PRODUCT SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT RECEIVED BY US FOR THE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES, TO THE FULLEST EXTENT PERMITTED BY LAW, BE LIABLE FOR ANY LOST PROFITS OR REVENUES, DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCED OR PUNITIVE DAMAGES OR LOSSES ARISING OUT OF OUR PRODUCTS, REGARDLESS OF (I) WHETHER ANY OF THE FOREGOING DAMAGES WERE FORESEEABLE, (II) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF INCURRING ANY OF THE FOREGOING DAMAGES, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) ANY SPECIFIC CIRCUMSTANCES OF YOU. The risk of loss of, damage to and title for Products pass to you upon our delivery to the carrier. It shall be your responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In such case we will not make any refunds and will not resend the Product.

If carrier tracking indicates that a Product was lost in transit, you may make a written claim for replacement of or refund of the lost Product in compliance with the terms herein. For Products lost in transit, all claims must be submitted no later than twenty (20) days after the estimated delivery date. All such claims are subject to our and/or our third parties service providers' investigation and sole discretion.

All information asked on the checkout page must be filled in precisely and accurately. We will not be responsible for missed delivery because of a wrong or misspelled recipient name or surname, delivery address or an inappropriate phone number. Should you like to ask for a change in the delivery address, phone number, or any other special requirements, please contact us at:info@designwithfriends.com and we will do our best on a case-by-case basis. Please note that if you provide an address that is considered insufficient by the courier, the shipment will be returned to our and/or our service provider's facility. You will be liable for reshipment costs once we have confirmed an updated address with you. Shipments that are unclaimed are returned to our and/or our service provider's facility and you will be liable for the cost of a reshipment.

Delivery prices are additional to the Products price and may vary depending on delivery location and/or sort of Products, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Flat rate delivery charges are shown on our checkout page; however, we reserve the right add any additional delivery charges that apply to your specific delivery address.

We cannot guarantee delivery dates and to the extent permitted by law accept no responsibility, apart from notifying you of any known delay, for Products that are delivered after the estimated delivery date. Average time for delivery may be shown on the checkout page. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order can be subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make Product delivery as simple as possible.

Printables

You may purchase and download certain digital prints on our online store ("Printables"). Please note that you may use such Prntables solely for your personal use. Such Printables are "read only" files and password protected, and you may not alter, copy, edit them and/or make any derivative works. You are hereby granted a non-exclusive, non-transferrable, non-sub licensable right to print such Printables and use them solely for your personal use. The Printables are protected by copyright, trademark, design and other laws and are the exclusive property of the Company. Any use which is not expressly permitted herein (such as commercial use) is strictly prohibited.

Links

The Site may contain links to third - party websites or resources. You acknowledge and agree that Company is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Company of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Customer Data

You shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of all of the data provided by you and your authorized users for the purpose of and in connection with using the Services ("Customer Data"). We may keep, use and share, publicly and with our partners, aggregated non - personally identifiable information derived from Customer Data and the Services, including but not limited to for the purpose of improving the Services.

Termination

If your subscription is on a recurring basis (e.g. monthly), you may cancel your subscription by giving a written cancelation notice to Company, and your subscription will be terminated at the end of the billing period commencing immediately after the billing period during which your cancelation notice was received. If you violate any of these Terms of Use, your permission to use the Site, Content, and Services will automatically terminate. Company reserves the right to revoke your access to and use of the Site, Content, and Services at any time, with or without cause. Company also reserves the right to cease providing or to change the Site, Content, or Services at any time and without notice.

Use of the Site at Your Own Risk

Your access to and use of the Site, Content, and Services is at your own risk. Company will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site, Content, or Services.

The Site is Available “AS - IS”

EXCEPT AS EXPRESSLY STATED HEREIN, THE SITE, CONTENT, PRODUCTS, PRINTABLES AND SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, COMPANY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON - INFRINGEMENT. EXCEPT AS EXPRESSLY STATED HEREIN, COMPANY MAKES NO WARRANTY THAT THE SITE, CONTENT, THE PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR - FREE BASIS. EXCEPT AS EXPRESSLY STATED HEREIN, COMPANY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE, CONTENT OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, CONTENT OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COMPANY OR THROUGH THE SITE, CONTENT, OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Indemnity

You agree to defend, indemnify, and hold harmless Company, its officers, directors, employees, stockholders and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Content, or Services, or your violation of these Terms of Use.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER Company NOR ANY OTHER party involved in creating, producing, or delivering the Site, content, or services will be liable for any incidental, SPECIAL, consequential or PUNITIVE damages resulting from your access to or use of, or inability to access or use, the Site, content, or services, whether based on warranty, contract, tort (INCLUDING NEGLIGENCE) or any other legal theory, whether or not COMPANY has been informed of the possibility of such damage. YOU AGREE THAT THE AGGREGATE LIABILITY OF COMPANY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, CONTENT OR SERVICES IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO COMPANY FOR ACCESS TO AND USE OF THE SITE, CONTENT, OR SERVICES DURING THE 12 MONTH PERIOD PRECEDING THE EVENT(S) THAT GAVE RISE TO SUCH LIABILITY. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU.

Severability

In the event that any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect.

Waiver

The failure of Company to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision.

Controlling Law and Jurisdiction

These Terms of Use and any action related thereto will be governed by the laws of the State of Delaware without regard to its conflict of law provisions.

Entire Agreement

These Terms of Use are the entire and exclusive agreement between Company and you regarding the Site, Content, and Services, and these Terms of Use supersede and replace any prior agreements between Company and you regarding the Site, Content, and Services. If you have any questions about these Terms of Use, please contact Company at terms@designwithfriends.com.