Design House, Inc. Platforms Terms and Conditions
Last Revised: 3.8.2021
The website located at https://designhouse.design/, (the “Website”), the Design House software, any Design House web-based services, and mobile applications (collectively, the “Platforms”) are published, owned, and operated by Design House, Inc. (collectively with its subsidiaries, affiliates and related entities “Design House,” “the Company,” “we,” “us,” and “our”). These Terms and Conditions (the “Terms”) govern your access to and use of the Platforms. These Terms should be read in conjunction with our Privacy Policy (https://designhouse.design/privacy), which is incorporated by reference as if fully re-written herein.
By accessing, browsing, submitting information to and/or using the Platforms, you agree and acknowledge on your own behalf (referred to throughout the Terms as “you”) that you have read, understand and agree to be bound by these Terms and to comply with all applicable laws including, without limitation, all federal, state, and local tax and tariff laws, regulations, and/or directives. If you do not agree to these Terms, please do not use the Platforms.
Purpose of the Platforms. The Platforms are provided solely for informational purposes and the purposes of enabling communication between you, organizations you conduct business with (“Organization”) and Design House. The information provided is intended to be general in nature and does not necessarily address all the terms, exclusions, and conditions applicable to our products and services.
We do not warrant the accuracy, completeness, or usefulness of this information at any particular time. Any reliance you place on such information is strictly at your own risk. Design House disclaims all liability and responsibility arising from any reliance placed on such content by you or any other visitor to our Platforms, or by anyone who may be informed of any of its contents. Any information you provide or that is collected by Design House through the Platforms shall be handled in accordance with the Platforms’ Privacy Policy (https://designhouse.design/privacy), which is hereby incorporated by reference.
Use of the Platforms. Design House grants you a non-exclusive right to access and use the Platforms and the data, material, content or information herein (collectively, the “Content”) solely for your personal use. Your right to access and use the Platforms shall be limited to non-commercial purposes unless you are otherwise expressly authorized by Design House to use the Platforms for commercial purposes, such as through a Digital Circular Subscription Agreement. You agree to use the Platforms only for lawful purposes, comply with all rules governing any transactions on and through the Platforms and comply with applicable laws.
User Account Responsibility. If you are given or create a password to access the Platforms, you are responsible for maintaining the confidentiality of your account and your password. You are responsible for all activities that occur under your account and you agree to notify Design House immediately of any unauthorized use of your account. Design House is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.
Prohibited Uses. You agree that you will not:
Use the Platforms in any manner that could damage, disable, overburden, or impair the Platforms or interfere with any other party’s use and enjoyment of them/it;
Attempt to gain unauthorized access to any Platform account, computer systems or networks associated with Design House or the Platforms;
Obtain or attempt to obtain any materials or information through the Platforms by any means not intentionally made available or provided by Design House;
Use any robot, spider, or other automatic device, process or means to access the Platforms for any purpose, including monitoring or copying any of the material on the Platforms;
Introduce any viruses, Trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful;
Violate any agreements you have entered into with Design House or any third party;
Attack the Platforms via a denial-of-service attack or a distributed denial-of-service attack; or
Impersonate or attempt to impersonate Design House, a Design House employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
Third-party Websites. The Platforms may contain links to websites controlled or operated by persons and companies other than Design House (“Linked Sites”). Linked Sites are not under the control of Design House, and Design House is not responsible for the contents of any Linked Site, including without limitation any link contained on a Linked Site, or any changes or updates to a Linked Site. Design House is not responsible if the Linked Site is not working correctly or for any viruses, malware, or other harms resulting from your use of a Linked Site. Design House is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Design House of the website or any association with its operators. You are responsible for viewing and abiding by the privacy policies and terms of use posted on the Linked Sites. You are solely responsible for any dealings with third parties who support Design House or are identified in the Platforms, including any delivery of and payment for goods and services.
Intellectual Property Notices. The Platforms and Content are protected by copyrights, trademarks, or are subject to other proprietary rights. Accordingly, you are not permitted to use the Platforms or Content in any manner, except as expressly permitted by Design House in these Terms. The Platforms or Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivatives without the express written consent of Design House or the applicable owner.
Your Content. Any Content you create or own or to which you have a license and use on the Platforms is Your Content. In sharing Your Content on the Platforms, you warrant and represent you have the legal right to use Your Content and grant Design House an irrevocable, royalty-free, fully paid up, worldwide, non-exclusive license to use Your Content in providing any of the Platforms services as described in these Terms and in any posted policies on the Platforms. The Platforms services may also provide you with features like photo thumbnails, previews, easy sorting, editing, sharing, creating templates, and searching. These and other features may require Design House systems to access, store, and scan Your Content. You may also be able to share Your Content with others, so please think carefully about what you share.
You acknowledge and agree that you are solely responsible for complying with the applicable restrictions on use of all Content, copyrighted materials and trademarks that you see, hear, and use on the Platforms. You understand that any unauthorized use of such intellectual property would result in irreparable injury for which money damages would be inadequate. You further acknowledge that, in the event of any such unauthorized use, Design House or the applicable intellectual property owner will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
Questions regarding the use of any intellectual property provided on the Platforms should be directed to
[email protected].
Digital Millennium Copyright Act.
In accordance with the Digital Millennium Copyright Act, Design House has designated a Copyright Agent to receive notice of claims of copyright infringement on the Website. Design House’s Copyright Agent may be reached at
[email protected] or by mailing 41 N. Main Street, Suite 202, Chagrin Falls, OH, 44022, U.S.A. Attention: Copyright Agent.
If you believe that your work has been copied in a way that constitutes copyright infringement, please promptly provide Design House’s Copyright Agent the following information:
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 website are covered by a single notification, a list of such works on that website.
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.
4. Information reasonably sufficient to permit us 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.
Please note that we will provide your name, contact information and the contents of your report to the person who posted the content you are reporting. If you are an authorized representative submitting a report, we will provide the name of the organization or client that owns the right in question. As such, you may wish to provide a professional or business email address for this reason.
A summary of the DMCA can be obtained from the U.S. Copyright Office.
United States Only. Design House is based in the State of Ohio in the United States. Design House provides the Platforms for use only by persons located in the United States. We make no claims that the Platforms or any of its contents are accessible or appropriate outside of the United States. Access to the Platforms may not be legal by certain persons or in certain countries.
Disclaimer. ALL INFORMATION AND SERVICES PROVIDED BY DESIGN HOUSE TO YOU VIA THE PLATFORMS, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, ARE PROVIDED “AS IS” AND “WHERE IS” AND WITHOUT ANY WARRANTIES OF ANY KIND. DESIGN HOUSE AND ITS THIRD-PARTY LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NOTWITHSTANDING ANY PROVISION CONTAINED HEREIN TO THE CONTRARY, DESIGN HOUSE AND ITS THIRD-PARTY LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR COVENANT CONCERNING THE ACCURACY, QUALITY, SUITABILITY, COMPLETENESS, SEQUENCE, TIMELINESS, SECURITY, OR AVAILABILITY OF THE PLATFORMS OR ANY CONTENT POSTED ON OR OTHERWISE ACCESSIBLE VIA THE PLATFORMS. YOU SPECIFICALLY ACKNOWLEDGE THAT DESIGN HOUSE AND ITS THIRD-PARTY LICENSORS ARE NOT LIABLE FOR THE DEFAMATORY, OBSCENE, OR UNLAWFUL CONDUCT OF OTHER THIRD PARTIES OR USERS OF THE PLATFORMS AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. NEITHER DESIGN HOUSE NOR ANY OF ITS THIRD-PARTY LICENSORS REPRESENT, WARRANT, OR COVENANT THAT THE PLATFORMS WILL BE SECURE, UNINTERRUPTED, OR ERROR-FREE. DESIGN HOUSE FURTHER MAKES NO WARRANTY THAT THE PLATFORMS WILL BE FREE OF VIRUSES, WORMS, OR TROJAN HORSES OR THAT IT WILL FUNCTION OR OPERATE IN CONJUNCTION WITH ANY OTHER PRODUCT OR SOFTWARE. YOU EXPRESSLY AGREE THAT USE OF THE PLATFORMS IS AT YOUR SOLE RISK AND THAT DESIGN HOUSE, ITS AFFILIATES, AND THEIR THIRD-PARTY LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY TERMINATION, INTERRUPTION OF SERVICES, DELAYS, ERRORS, FAILURES OF PERFORMANCE, DEFECTS, LINE FAILURES, OR OMISSIONS ASSOCIATED WITH THE PLATFORMS OR YOUR USE THEREOF. YOUR SOLE REMEDY AGAINST DESIGN HOUSE FOR DISSATISFACTION WITH THE PLATFORMS OR THE CONTENT IS TO CEASE YOUR USE OF THE PLATFORMS AND/OR THE CONTENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS, WHICH VARY BY JURISDICTION. WHEN THE IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, YOU AGREE THAT THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL DESIGN HOUSE OR ANY OF ITS THIRD-PARTY LICENSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF INFORMATION, OR PROGRAMS ON YOUR DATA HANDLING SYSTEM, TRANSACTION LOSSES, OPPORTUNITY COSTS, INTERRUPTION OF BUSINESS, OR COSTS OF PROCURING SUBSTITUTE GOODS) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATING TO THE PLATFORMS, OR THE SOFTWARE, SERVICES, DATA, CONTENT, OR INFORMATION ACCESSED VIA THE PLATFORMS OR ANY HYPERLINKED PLATFORMS, OR ANY DISRUPTION OR DELAY IN THE PERFORMANCE OF THE PLATFORMS, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, AND REGARDLESS OF WHETHER OR NOT SUCH DAMAGES WERE FORESEEN, UNFORESEEN OR FORESEEABLE, EVEN IF DESIGN HOUSE OR ITS THIRD-PARTY LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BY ACCESSING THE PLATFORMS SUBJECT TO THESE TERMS AND CONDITIONS, YOU UNDERSTAND THAT YOU ARE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST MATERIALLY AFFECT HIS OR HER SETTLEMENT WITH THE DEBTOR.”
Indemnity. You agree to defend, indemnify, and hold harmless Design House and its affiliates, licensors and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, the Privacy Policy (https://designhouse.design/privacy), the Digital Circular Subscription Agreement, or your use of the Platforms, including, but not limited to, any use of the Platforms’ Content, services, or products other than as expressly authorized in these Terms or your use of any information obtained from the Platforms.
Termination and Restriction of Access. In its sole discretion, Design House may terminate or suspend your access to the Platforms for breach of these Terms. Design House shall not be liable for any losses or damages arising from any such termination of service.
Arbitration. At its sole discretion, Design House may require you to submit any disputes arising from use of the Platforms, or breach of these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Ohio law. By using the Platforms, you hereby consent to submission of any dispute to be final and binding arbitration.
Limitation on Time to File Claims. Any cause of action or claim you may have arising out of or relating to these Terms or the Platforms must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
Governing Law &Jurisdiction. These Terms are governed by the laws of the State of Ohio, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in Cuyahoga County, Ohio, U.S.A. in all disputes arising out of or relating to the use of the Platforms.
Changes to these Terms. Design House may update or change these Terms from time to time in order to reflect changes in any offered services, changes in the law, or for other reasons as deemed necessary by Design House. The effective date of any Terms will be reflected in the “Last Revised” entry at the top of these Terms. Your continued use of the Platforms after any such change is communicated shall constitute your consent to such change(s).
General. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Design House as a result of these Terms or use of the Platforms. You may not assign these Terms without the prior written consent of Design House in all instances. Design House may assign these Terms, in whole or in part, at any time. Design House’s performance of these Terms is subject to existing laws and legal processes, and nothing contained in these Terms is in derogation of Design House’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Platforms or information provided to or gathered by Design House with respect to such use.
If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in effect.
These Terms, including the Privacy Policy (https://designhouse.design/privacy) and all other documents expressly incorporated herein by reference, constitute the entire agreement between you and Design House with respect to the Platforms, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Design House. A printed version of these Terms and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Design House Contact Information. Questions can be directed to Design House at:
Design House, Inc.
15 North Main Street
Chagrin Falls, OH 44022
440.318.1876
[email protected].
