Terms of Service

Designer Pages is a professional collaborative network for the design and construction industries. The Designer Pages service and community ("designerpages.com", "Site" or "Service") are managed by Really Simple LLC ("Designer Pages", "us", "we" or "the Company"). By registering for our website at www.designerpages.com, or by accessing the services provided to non-registered clients, you ("the user") represent that you are 18 years of age, and agree to conduct yourself according to the following terms and conditions.

1. Acceptance of Terms

DESIGNER PAGES welcomes you. DESIGNER PAGES provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: (http://www.designerpages.com/terms). Your continued use of Designer Pages after this date renews your acceptance of the new Terms of Use agreement. If you do not intend to comply with our conditions put forward in the Terms of Use, please do not use Designer Pages. Furthermore, it is your responsibility to recurrently review the Terms of Use posted on the site, to examine any updates.

In addition, when using particular Company owned or operated services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. Your use of DESIGNER PAGES constitutes your binding acceptance of these Terms of Service as well as your acceptance of DESIGNER PAGES's Privacy Policy.

2. Description of Service

DESIGNER PAGES is a professional collaborative network, which allows you to upload, view and publicly display content through the DESIGNER PAGES website(s) (the "Web Site"and/or the "Service"). You understand and agree that the Service may include advertisements and that these advertisements are necessary for DESIGNER PAGES to provide the Service. You also understand and agree that the Service may include certain communications from DESIGNER PAGES, such as service announcements, administrative messages, or newsletters, and that these communications are considered part of DESIGNER PAGES's membership. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new DESIGNER PAGES properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that DESIGNER PAGES assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user files. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

3. Your registration obligations

In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's upload and/or registration forms ("Registration Data"); (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (c) be fully responsible for all use of your account and for any actions that take place using your account. If you provide any information that is untrue, inaccurate, not current or incomplete, or DESIGNER PAGES has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DESIGNER PAGES may suspend or terminate your account, remove your uploaded content, and refuse any and all current or future use of the Service (or any portion thereof).

4. Designer Pages' privacy policy

Certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by DESIGNER PAGES and its affiliates.

5. Member account, password, and security

You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify DESIGNER PAGES of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. DESIGNER PAGES cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. Member conduct

You understand that all information, data, text, photographs, graphics, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not DESIGNER PAGES, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. You are also solely responsible for all Content that you request DESIGNER PAGES to upload from your website or server, whether manually, automatically, or through other technological means. DESIGNER PAGES maintains the right but not the obligation to review, edit and remove Content from DESIGNER PAGES in our sole discretion, including without limitation Content that in the sole judgment of the Company violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others. DESIGNER PAGES does not control the Content posted via the Service and, as such, does not guarantee the accuracy, ownership, content, integrity or quality of such Content.

You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will DESIGNER PAGES be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. 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 DESIGNER PAGES or submitted to DESIGNER PAGES, including without limitation information in all parts of the Service.

You agree to not use the Service to:

  1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. harm minors in any way;
  3. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  5. use or attempt to use any "deep-link", "scraper", "robot", "bot", "spider", "data mining", "computer code" or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Service, any data or content found on or accessed through the Service, or any other Service information without prior express written consent of Company;
  6. obtain or attempt to obtain through any means any materials or information on the Service that has not been intentionally made publicly available either by public display on the Service or through accessibility by a visible link on the Site;
  7. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  8. violate the security of the Site or attempt to gain unauthorized access to the Site, data, materials, information, computer systems or networks connected to any server associated with the Site, through hacking, password mining or any other means;
  9. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
  10. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation;
  11. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  12. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  13. take or attempt any action that, in the sole discretion of the Company, imposes or may impose an unreasonable or disproportionately large load or burden on the Service or the infrastructure of the Service;
  14. violate any measure employed to limit or prevent access to the Site or its content;
  15. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  16. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  17. "stalk" or otherwise harass another; and/or
  18. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through q above;

You agree that you will NOT post, place, upload or transmit any of the following material or obtain any such material using the Service: (a) Content involving nudity, including nudity or partial nudity of children of any age; (b) Content that exploits children or minors or that discloses any personally identifying information about persons under the age of 18; (c) content that disseminates personal information about another individual for malevolent purposes, including libel, slander, defamation or harassment; (d) Content that is or may be deemed to be grossly offensive to the online community, including but not limited to, blatant expressions of bigotry, prejudice, racism, hatred and profanity; (e) Content promoting or providing instructional information about illegal activities; (f) Content depicting cruelty to animals; (g) Any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the express permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material if applicable; (h) Any material sent from an anonymous or false address; (i) Any other material that could give rise to any civil or criminal liability under applicable law.

You acknowledge, consent and agree that DESIGNER PAGES may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access 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; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of DESIGNER PAGES, its users and the public.

You understand that the technical processing and transmission of the Service, 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.

You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by DESIGNER PAGES and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.

7. Interstate nature of communications on Designer Pages network

When you register with DESIGNER PAGES, you acknowledge that in using DESIGNER PAGES services to send electronic communications you will be causing communications to be sent through DESIGNER PAGES's computer networks, portions of which are located in locations in the United States outside your state of residence. As a result, and also as a result of DESIGNER PAGES's service and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the service results in interstate data transmissions.

8. Special admonitions 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.

9. Grant of License

By posting Content to DESIGNER PAGES you grant DESIGNER PAGES, its affiliates and partners a worldwide, irrevocable, royalty-free, nonexclusive, sub licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute and publish that Content for the purposes of displaying that Content on DESIGNER PAGES. In addition, when you post Content to DESIGNER PAGES, you also grant us a license to distribute that Content, either electronically or via other media, to users seeking to download or view it through the Service or for purposes of other services provided by DESIGNER PAGES and to display such Content on DESIGNER PAGES affiliated sites. This license shall apply to the distribution and the storage of your Content in any form, medium, or technology now known or later developed. You may remove Content you have posted on DESIGNER PAGES at any time. When you do remove your Content, the license described above will automatically expire.

10. Indemnity

You agree to indemnify and hold DESIGNER PAGES and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

11. No resale of Service

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

12. General practices regarding use and storage

You acknowledge that DESIGNER PAGES may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that uploaded Content will be retained by the Service, the maximum number of links that may be sent from or received by an account on the Service, the maximum size of any file that may be uploaded by an account on the Service, the maximum disk space that will be allotted on DESIGNER PAGES's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that DESIGNER PAGES has no responsibility or liability for the deletion or failure to store any files or other Content maintained or transmitted by the Service. You acknowledge that DESIGNER PAGES reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that DESIGNER PAGES reserves the right to modify these general practices and limits from time to time.

13. Modifications to Service

DESIGNER PAGES reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that DESIGNER PAGES shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. While the Service is currently free to all users during the alpha and beta testing stages, the Company reserves the right, at its sole discretion, to charge user fees for site access and features. The Company is not responsible for the loss of stored information on site if user elects to decline fee services at the time they are offered. Additionally, the Company is not responsible for loss of money, time, or resources that might be associated with such loss of stored information on the Service.

14. Termination

You agree that DESIGNER PAGES may, under certain circumstances and without prior notice, immediately terminate your DESIGNER PAGES account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your DESIGNER PAGES account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in DESIGNER PAGES's sole discretion and that DESIGNER PAGES shall not be liable to you or any third party for any termination of your account or access to the Service.

15. Dealings with advertisers and third parties

Your correspondence or business dealings with, or participation in promotions of, advertisers and other third parties found on or through the Service, 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 or third party. You agree that DESIGNER PAGES 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 or third parties on the Service.

16. Links

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because DESIGNER PAGES has no control over such sites and resources, you acknowledge and agree that DESIGNER PAGES 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, products or other materials on or available from such sites or resources. You further acknowledge and agree that DESIGNER PAGES 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, goods or services available on or through any such site or resource.

17. Designer Pages' proprietary rights

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by DESIGNER PAGES or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

DESIGNER PAGES grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by DESIGNER PAGES for use in accessing the Service.

18. Disclaimer of warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DESIGNER PAGES AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. DESIGNER PAGES AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DESIGNER PAGES OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
  5. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

19. Limitation of liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT DESIGNER PAGES AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DESIGNER PAGES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

20. Exclusions and limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.

21. No third-party beneficiaries

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

22. Notice

DESIGNER PAGES may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.

23. Notice and procedure for making claims of copyright or intellectual property infringement

DESIGNER PAGES respects the intellectual property of others, and we ask our users to do the same. DESIGNER PAGES may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide DESIGNER PAGES's Copyright Agent the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the site;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

It is often difficult to determine if your intellectual property rights have been violated. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.

DESIGNER PAGES's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:
Adam Klausner, Esq.
409 Taughannock Blvd.
Ithaca, NY 14850
By phone: (607) 272-0800
By fax: (607) 272-1199
By email: adam@klausnerlaw.com

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at Company's sole discretion, members who are deemed to be repeat infringers. Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

26. General information

Entire Agreement. The TOS constitutes the entire agreement between you and DESIGNER PAGES and governs your use of the Service, superseding any prior agreements between you and DESIGNER PAGES with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other DESIGNER PAGES services, affiliate services, third-party content or third-party software.

Choice of Law and Forum. The TOS and the relationship between you and DESIGNER PAGES shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and DESIGNER PAGES agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York, New York.

Waiver and Severability of Terms. The failure of DESIGNER PAGES to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

No Right of Survivorship and Non-Transferability. You agree that your DESIGNER PAGES account is non-transferable and any rights to contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

27. Violations

Please report any violations of the TOS to our support staff.