2. Website Access
In order to access some features of the Website, you will have to create an account. You are not allowed to use another user’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may change your password at any time by updating your Account Profile page. In addition, you agree to immediately notify DesignIsLove.com of any unauthorized use of your password or account or any other breach of security. DesignIsLove.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or similar technological devices or programs, that access the Website in a manner that sends more request messages to the DesignIsLove.com servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, DesignIsLove.com grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. DesignIsLove.com reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
You agree not to collect or use any personally identifiable information ("Personal Information") including without limitation account names, email addresses, or other User Submissions (as defined below), from the Website, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website.
3. The DesignIsLove.com Website
4. Intellectual Property Rights
The content on the Website, except all User Submissions (as defined below), including without limitation, the text, graphics, and photos created by and for DesignIsLove.com, interactive features ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Studio Incognito, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Studio Incognito or as expressly provided herein. DesignIsLove.com reserves all rights not expressly granted in and to the Website and the Content contained therein.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions (as defined below) of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
5. User Submissions
The interactive nature of postings on DesignIsLove.com makes it impossible for us to assume responsibility for any of the materials posted by users. The ideas, suggestions, opinions, comments, and observations made by DesignIsLove.com users, and any text, data, photographs, video, music, sound, chat, messages, files or other material provided to us by users (all of which are referred to as "User Submissions") are not endorsed by DesignIsLove.com, and we make no guarantee regarding the reliability, accuracy, or quality of any User Submission that is posted on the Website. You acknowledge that you will evaluate and bear any risks related to your use of any User Submission, including any reliance on the accuracy, completeness, or usefulness of such User Submission. All User Submissions posted to the Website are the sole responsibility of the person who originally posted the User Submission, and your sole recourse for any damage you may suffer as a result of User Submissions shall be to such individual.
You shall be solely responsible for your own User Submission and the consequences of posting or publishing them. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to DesignIsLove.com, you hereby grant DesignIsLove.com a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and DesignIsLove.com’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media now known or hereafter developed. The foregoing license granted by you terminates once you remove or delete a User Submission from the Website.
If you choose to post User Submissions on DesignIsLove.com Web pages, we require that you adhere to generally accepted rules of etiquette and standards of behavior, and that your use of DesignIsLove.com reflects your respect for the legal rights of users connected with DesignIsLove.com. You understand that DesignIsLove.com does not guarantee any confidentiality with respect to any User Submission.
DesignIsLove.com expressly disclaims any and all liability in connection with User Submissions. DesignIsLove.com reserves the right to remove Content and User Submissions in its sole discretion and without prior notice. DesignIsLove.com also reserves the right to terminate a user's access to the Website at any time in its sole discretion and without prior notice.
6. Rules of Conduct
The following rules of conduct apply to your use of the Website and to any and all materials you post on DesignIsLove.com, including text, data, graphics, audio or video content, music, sound, chat, messages, files or other material (collectively User Submissions) whether the User Submission is included in blogs, discussion groups, emails, profiles, comments, or any other portion or feature of DesignIsLove.com.
You may not, in connection with the Website:
- Upload, post, email or otherwise transmit any User Submission that is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized;
- infringes or violates any patent, copyright, trademark, trade secret or other property right;
- breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
- constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, or hate speech;
- violates or encourages others to violate any applicable law, statute, ordinance or regulation;
- promotes software or services that deliver unsolicited e-mail; or
- contains viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful programming routines.
You may not, except with DesignIsLove.com’s express advance authorization or in a specially designated area, use the Website to:
- Upload, post, email or otherwise transmit any User Submission that provides any telephone numbers, street addresses, last names, URLs or email address; or
- harm minors in any way;
- solicit personal information from anyone under 18;
- provide false or deceptive information;
- delete, add or otherwise change other people’s entries or other Content when you have not been granted the privileges to do so; or
7. Design Fund Submissions
If you are submitting a Design Fund project or idea to DesignIsLove.com, you agree to additional Terms and Conditions.
8. Copyright Infringement
DesignIsLove.com respects the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with DesignIsLove.com and the Website, you may not post, modify, distribute, or reproduce in any way any User Submission that is copyrighted material belonging to others, without obtaining their prior written consent. This specifically includes the submission of a Design Fund project. DesignIsLove.com reserves the right, in its discretion, to remove any User Submission if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of users who we believe to be infringers.
If you believe that your work has been copied or posted on the Website in a way that constitutes copyright infringement, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party 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.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent as follows:
Design Is Love Complaints
PO Box 607
Essex, CT 06426-0607
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
9. Modifications to the Website
DesignIsLove.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. DesignIsLove.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
11. Warranty Disclaimer
12. Limitation of Liability
IN NO EVENT SHALL DESIGNISLOVE.COM, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF DESIGNISLOVE.COM, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT DESIGNISLOVE.COM SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by DesignIsLove.com from its facilities in the United States of America. DesignIsLove.com makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
16. Copyright Notice
The DesignIsLove.com Website is © 2010 Studio Incognito / Troy Monroe – All Rights Reserved and no portion of the Website may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of DesignIsLove.com.
All of the DesignIsLove.com trademarks and logo marks are owned by Studio Incognito and may not be used for any purpose without the prior written permission of DesignIsLove.com.
20. Email correspondence
By creating a Designislove.com account you agree to allow Designislove.com and Studio Incognito to contact you via email regarding promotions, events, projects and site correspondence. You will have the ability to unsubscribe to any of our emails at any point, or you can contact us directly at firstname.lastname@example.org to be removed immediately from future emails.
By submitting your work and in consideration of DesignIsLove.com evaluating your Creative Project (hereinafter the "Creative") for its possible use on clothing, apparel, printed and digital items (the "Items"), you agree to the following terms and conditions ("Design Fund Submission Terms and Conditions"):
If your Creative is selected for use by DesignIsLove.com, you acknowledge that you assign to Design is Love and its subsidiaries and affiliates (hereinafter collectively "DesignIsLove.com") the entire right, title, and interest in and to the copyright in your Creative including the right to sue for past infringement and the right to further sublicense the Creative, for its sole and exclusive use on and in connection with the Items. You also acknowledge that you waive all "moral" rights that you may have in and to your Creative.
If your Creative is selected, DesignIsLove.com may use your Creative in any manner on or in connection with the Items, including but not limited to: reproducing the Creative on the Items, selling Items bearing the Creative, changing or reworking the Creative by making color or size changes, making derivative works of the Creative, using the Creative on the DesignIsLove.com website and on promotional material for DesignIsLove.com, and registering the Creative with the US Copyright Office in the name of Design is Love, LLC as the Claimant, and you as the Author. You agree to provide DesignIsLove.com with minimal information as may be required in order to register the copyright in the Creative if DesignIsLove.com so requests, at no cost.
You may use or continue to use the Creative for any other purposes, except those described below.
If your Creative is selected, you may not use the Creative (or derivatives of the Creative) or allow others to use the Creative (or derivatives of the Creative) on any Items, as described above. In addition, by submitting your Creative, you may not reproduce, sell, or submit the Creative to others for any commercial purpose for sixty (60) days after the date of submission while the Creative is being evaluated by DesignIsLove.com. Once the sixty (60) days have passed, if your Creative is not chosen for production by DesignIsLove.com, you are free to use the Creative for any commercial or non-commercial purpose. However if your Creative is used elsewhere, you must notify DesignIsLove.com by email art@DesignIsLove.com about where and when the Creative will be used, so that it can be removed from the DesignIsLove.com website at that time. In addition, if the Creative is used or reproduced for commercial purposes elsewhere, you cannot use any aspect of the DesignIsLove.com website to promote the Creative or the company using the Creative. You further agree not to use any aspect of the DesignIsLove.com website to promote the products and services of any company that operates in competition with DesignIsLove.com. DesignIsLove.com reserves the right to choose your creative after the (60) days have passed, on the condition that the Creative has not been used for commercial purposes on any Items, as described above. If your Creative is selected after the sixty (60) days have passed you will be notified and have the option to decline production of your Creative on the Items.
You acknowledge that the Creative you are assigning to DesignIsLove.com is your own original work, has not been previously published, and does not contain any trademarks, logos, copyrighted material, or any other intellectual property belonging to any third party, or any material, which DesignIsLove.com in its sole discretion, deems to be profane or offensive.
You acknowledge that DesignIsLove.com reserves the right to decline to select Creative for consideration for any reason, including poor design, material deemed profane, Creative that doesn’t adhere to posted requirements for the Design Fund Project or complexities in reproduction.
If your Creative is selected for use by DesignIsLove.com, you will receive: 2 items from the DesignisLove.com shop and 5 samples of your Creative. To fulfill your request for shop materials you are required to email email@example.com the quantity and sizes (if available, as they relate to each product) that will complete your selections. If your Creative is an apparel related product you will be required to submit a list of sizes for the 5 samples you receive from having your Creative selected.
Additionally, you will receive $50 in shop credit each time your Creative is reprinted. DesignIsLove.com reserves the right to change these payment terms at any time, by posting them on the DesignIsLove.com website, and changes will be effective upon posting. Payment will be based on the terms in effect when your Creative is selected. You alone will be responsible for the payment of any tax that arises as a result of receiving payment from DesignIsLove.com. Shop credit will be issued within thirty (30) days after DesignIsLove.com receives hi-resolution artwork deemed suitable for print. If the hi-resolution artwork is not deemed suitable for print as determined by DesignIsLove.com, DesignIsLove.com will notify you of the reason(s) for its determination by email and will make a good-faith effort to assist you in presenting a suitable hi-resolution format.
Participants, who in the opinion of DesignIsLove.com, do not comply with these Design Fund Submission Legal Terms and Conditions, or for any other reason at DesignIsLove.com's sole discretion, can at any time be excluded from consideration without notice.
The decisions of DesignIsLove.com are final and binding.
Designislove.com works to match non profit and not for profit organizations in need of creative services with participating design firms offering the services needed. Designislove.com does not perform any design services nor does it conduct a formal qualifications process for participating creative firms, individual participants or specific projects. It is the sole responsibility of any non-profit organization soliciting creative services to research and verify the work, and as needed licenses of any creative party they may engage in a working relationship with. This research / verification may include obtaining professional references, portfolio evaluation and personal communication. Similarly, design firms should perform due diligence for nonprofit organizations such as reference checks, partner affiliates, tax status and the like.
Designislove.com and Studio Incognito shall not be held responsible for any services rendered by any participating party. All financial agreements made in regards to Helping Hand projects are considered negotiation and agreements between the creative party and nonprofit organization, where as Designislove.com / Studio Incognito are in no way whatsoever to be held accountable for moneys exchanged or any issues in payment. In the case of disagreement or nonpayment Designislove.com / Studio Incognito will not be held responsible for any fees incurred, or work that is considered undelivered.
Designislove.com / Studio Incognito maintains the right to remove any project from Helping Hand that is deemed inappropriate or professionally unethical. We can at any time remove a listing without notice or clarification, as is the sole right of Designislove.com as administrator of Helping Hand.
Once you've read enough about us and want to start your own story, there are a few ways you can get involved. Visit the links below to start. We love the enthusiasm.
Get connected. Then get creative.
the Design Fund
Where participation = support.
Take the time to think it through, then put it in words.