Terms of Service

Introduction

Designer Pages is a professional collaborative network for the design and construction industries. The Designer Pages website and services (the "Site" or the "Services") are provided by Designer Pages Data, Inc. ("We," "Our" or "the Company"). By registering for the Site or by accessing the Services provided to non-registered clients, you represent that you are 18 years of age, and agree to conduct yourself according to the following Terms of Service ("TOS"). You can review the most current version of the TOS at any time at http://www.designerpages.com/terms. We may modify or update the TOS from time to time without prior notice. We may also modify, add to, delete, and/or discontinue any or all parts of the Site without prior notice. Your continued use of the Site following any modification or update to the Site or the TOS means you accept any changes made. If you do not agree to the TOS, please do not use the Site.

We may post additional guidelines or rules related to the Company owned or operated Services. Your use of such Services is subject to these guidelines and rules, which are hereby incorporated by reference into the TOS.

1. Use of Content

Except for User Content (as defined below), any designs, text, graphics, photographs, images, videos, audio files, and other files or materials, and their selection and arrangement, provided by or accessed through the Site ("Website Content"), and all associated patent, trademark, service mark, trade dress, trade secret, copyright, and other intellectual property rights are the property of the Company or its licensors. All rights not expressly granted herein are reserved for the Company or its licensors.

Certain areas of the Site are provided solely to registered users of the Site. As a registered user of the Site, you may submit content including text, photographs, graphics, images, information, multimedia documents, links and other content enabled by the Site from time to time ("User Content") and you and other users may access and use your and their User Content, subject to the restrictions stated in the TOS. Do not submit User Content if you do not want other users to have access to it. We do not and cannot control the User Content transmitted through the Site. Under no circumstance will the Company be held liable for any errors or omissions in any User Content transmitted by users or for your exposure to User Content that you deem offensive, indecent or objectionable. We may, but are not obligated to, review and delete or remove any of the User Content, without prior notice, for any reason, including but not limited to if in the Company's sole judgment, such User Content violates the TOS.

2. Grant of License

By submitting User Content to the Site, you grant to the Company the non-exclusive, royalty-free, perpetual, irrevocable, transferable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, sell, perform, and display such User Content (in whole or part, including modified or adapted versions thereof) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, without any obligation to acknowledge authorship or ownership. You warrant you have all rights necessary or appropriate to disclose such User Content and post it to the Site, and that submitting the User Content will not violate the rights of any third party, including without limitation any proprietary or privacy rights. You agree you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, without permission of the owner of such rights.

We, to the extent We can do so based on the license granted by other users, acknowledge you have permission to display, copy, distribute and download the User Content from the Site on the conditions that the use of such User Content is solely for your personal or internal business purposes and will not be copied or posted on any networked computer, broadcast in any media, or used for commercial gain and the User Content is not modified in any way.

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

3. User Accounts

When you create a user account, you will select a username and password upon completing the registration process. You are fully responsible for maintaining the confidentiality of your username and password and for all activities that occur under your account. You agree to immediately notify the Company of any unauthorized use of your username, password or account, or any other breach of security and to logout of your account at the end of each session. You also agree to provide true and accurate information during the registration process. We reserve the right to terminate your access to the Site and remove your User Content should We know, or have reasonable grounds to suspect, that you have entered false or misleading information during the registration process. All registered users must be of legal age to register. By becoming a registered user, you agree that the Services may include certain communications from the Company, such as service announcements, administrative messages, or newsletters, and that these communications are considered part of the Company's membership. We shall not be responsible for your failure to abide by this paragraph.

4. User Conduct

You agree to not use the Site to:

  • Upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening to another person or entity, abusive, defamatory, vulgar, obscene, tortuous, indecent, libelous, invasive of another's privacy, or otherwise objectionable;
  • Harm legal minors;
  • Impersonate another user, person or entity, or falsely state or otherwise misrepresent your affiliation with another user, person or entity;
  • Attempt to gain unauthorized access to the Site, usernames and passwords of users, or computer systems and networks connected to the Site;
  • Collect and store personal data about other users, "cyber stalk" or harass another user or engage in conduct that negatively affects the on-line experience of another;
  • Upload, post, email, transmit or otherwise make available any information or content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
  • Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation;
  • Upload or transmit any information that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs;
  • Reproduce, sell, trade, resell or exploit for any commercial purpose, any portion of the Services, use of the Services, or access to the Services.
  • 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;
  • Attempt to take any action that, in Our sole discretion, imposes or may impose an unreasonable or disproportionately large load or burden on the Services or the infrastructure of the Services; and
  • Interfere with the operation of the Site or other computers or internet or network connections.

You acknowledge and agree that the Company may access, preserve and disclose your account information and the User 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 User Content violates the rights of third parties; (d) respond to claims that any User Content violates the rights of third parties; (e) respond to your requests for customer service; or (f) protect the rights, property or personal safety of the Company, its users and the public.

You understand that use of the Website Content is subject to usage rules set by the Company and/or content providers who provide content to the Site. You may not attempt to override or circumvent any of the usage rules. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Site, in whole or in part, is strictly prohibited.

5. Indemnity

You agree to indemnify and hold harmless, the Company and its officers, directors, employees, agents, licensors, and suppliers from and against any claim, action or demand, and any liabilities, costs, fees, fines, penalties and expenses, arising from or in any way related to your use of the Site and/or your violation of the TOS, and you shall pay all costs, expenses, settlements and damages finally awarded, including reasonable attorneys' fees.

6. Disclaimers

THE INFORMATIONAL CONTENT AND SERVICES ARE PROVIDED ON AN "AS-IS," "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. THE COMPANY, ITS LICENSORS, SUPPLIERS, AND AGENTS HEREBY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. You are fully responsible for maintaining your computer equipment and internet access to use the Site. The Site is comprised of information and materials submitted by various individuals who use the Site. We do not endorse, recommend or guaranty any User Content or any opinion, recommendation or advice expressed therein and We expressly disclaim any and all liability in connection with any content made available via the Site, including but not limited to User Content. We assume no responsibility for the accuracy, timeliness, deletion, misdelivery of information or failure to store any user communications or personal settings.

7. Limitation of Liability

IN NO EVENT WILL THE COMPANY OR ANY OF ITS SUPPLIERS, LICENSORS, AGENTS, OR THIRD PARTIES MENTIONED ON THE SITE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DELAY, FAILURE, INTERRUPTION OF SERVICE, LOSS OF USE, LOST DATA, CORRUPTION OF DATA, LOST PROFIT, LOST REVENUE, DIMINISHED GOODWILL, PERSONAL INJURY, WRONGFUL DEATH, MISREPRESENTATION, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, ARISING FROM OR RELATED TO THE SITE, ITS CONTENT, AND/OR YOUR USE OR INABILITY TO USE THE SITE OR ITS CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY, OR ANY OF ITS SUPPLIERS, LICENSORS, AGENTS, OR THIRD PARTIES MENTIONED ON THE SITE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL THE COMPANY OR ANY OF ITS SUPPLIERS, LICENSORS, AGENTS, OR THIRD PARTIES MENTIONED ON THE SITE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES OF THE TYPES DESCRIBED ABOVE RELATED TO THE RELIABILITY, EFFICACY, CURRENTNESS, COMPLETENESS, TIMELINESS, OR OPINIONS OF THIRD-PARTY WEBSITES TO WHICH LINKS ARE PROVIDED ON THE SITE. YOU AGREE TO ACCESS SUCH THIRD-PARTY WEBSITES AT YOUR OWN RISK.

THE AGGREGATE LIABILITY OF THE COMPANY, ITS SUPPLIERS, LICENSORS, AGENTS, OR THIRD PARTIES MENTIONED ON THE SITE FOR ALL CLAIMS SHALL NOT EXCEED THE SUM OF ONE-HUNDRED DOLLARS ($100). ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE SITE OR ITS CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION, AND SUCH CLAIMS MUST BE BROUGHT IN THE JURISDICTION DEFINED BY THE TOS. YOU AGREE THAT ALL REMEDIES SET FORTH IN THE TOS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED HEREIN.

8. Use and Storage of Content

We reserve the right to establish general practices and limits concerning use of the Services. For example, We may limit: (a) the number of days that User Content will be retained; (b) the number of links that may be sent from or received by an account on the Site; (c) the size of any file that may be uploaded by a user on the Site; (d) the maximum disk space that will be allotted on the Company's servers on your behalf; and (e) the number of times and duration for which you may access the Site in a given period of time. You agree that the Company has no responsibility or liability for the deletion or failure to store any files or other User Content maintained or transmitted by the Site. We reserve the right to log off accounts that are inactive for an extended period of time. These general practices and limits may be modified from time to time.

9. Termination

We may, at Our sole discretion, terminate your account for any reason. If you violate the TOS, your permission to use the Site automatically terminates, and you must immediately destroy any copies you have made of any portion of the Website Content and User Content other than your personal User Content. Under no circumstances shall the Company be liable to you or any other party for such termination of your account.

10. Advertisers and Other Third Parties

You understand and agree that the Site may include advertisements and that these advertisements are necessary for us to provide the Services. Your correspondence or business dealings with, or participation in promotions of, advertisers and other third parties found on or through the Site, 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 We are not 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 Services.

12. Copyright Policy

We respect the intellectual property rights of others, and We ask Our users to do the same. If you are a copyright owner or an agent thereof and believe that any of the Website Content, the User Content or other content or material on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Our Copyright Agent with the following information in writing as outlined in 17 U.S.C. § 512(c)(3):

  1. A physical or electronic signature of the owner of the right that is allegedly infringed or a person authorized to act on their behalf;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of the copyrighted works;
  3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material on the Site;
  4. Information reasonably sufficient to permit us to contact the owner or agent, such as an address, telephone number, and email address;
  5. A statement that the owner or agent 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; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our designated Copyright Agent for receiving notifications of claimed infringement is:

William Hoy, Esq.
Harter Secrest & Emery LLP
1600 Bausch & Lomb Place
Rochester, New York 14604-2711
Telephone: 585-232-6500
Facsimile: 585-232-2152
Email: whoy@hselaw.com

In accordance with the DMCA and other applicable law, We have adopted a policy of terminating, in appropriate circumstances and, at Our sole discretion, members who are deemed to be repeat infringers. We may also, at Our 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.

13. General Provisions

  1. Waiver. No waiver of a breach of any term of the TOS will be effective unless in writing and duly executed by the waiving party. No such waiver will constitute a waiver of any subsequent breach of the same or any other term of the TOS. No failure on the part of a party to exercise, and no delay in exercising, any of its rights hereunder will operate as a waiver thereof, nor will any single or partial exercise by a party of any right preclude any other or future exercise thereof or the exercise of any other right. No course of dealing between the parties will be deemed effective to modify, amend or discharge any part of the TOS or the rights or obligations of any party hereunder.
  2. Entire Agreement. The TOS contains the entire understanding of the parties with respect to the transactions contemplated and supersedes any prior agreements or und-erstandings among the parties with respect to the subject matter hereof. This Agreement may only be amended by a written document signed by all parties. There are no representa¬tions, warranties, or obligations of any party not expressly contained herein.
  3. No Third Party Beneficiaries. Except as otherwise expressly provided in the TOS, there shall be no third-party beneficiaries to the TOS.
  4. Governing Law and Dispute Resolution. The TOS will be governed by and interpreted in accordance with the laws of the State of New York, excluding its conflicts of law principles. In the event that any legal proceedings are commenced with respect to any matter arising under this Agreement, the parties specifically consent and agree that the courts of the State of New York and/or the Federal Courts located in the State of New York will have exclusive jurisdiction over each of the parties and over the subject matter of any such proceedings, and that the venue of any such action will be in Monroe County, New York and/or the U.S. District Court for the Western District of New York. Additionally, the party that loses any such proceeding will pay all costs and expenses incurred by the other party(s) in connection therewith, including all attorneys' and other professional fees and expenses.
  5. Partial Invalidity. If any provision of the TOS is held invalid or unenforceable by competent authority, that provision will be construed so as to be limited or reduced to be enforceable to the maximum extent compatible with the law as it shall then appear. The total invalidity or unenforceability of any particular provision of the TOS will not affect its other provisions and the TOS will be construed in all respects as if the invalid or unenforceable provision were omitted.

14. TOS Violations

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