The DesignSensu.com Web Site (the "Site") is an online information service provided by DesignSensu ("DesignSensu.com "), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. DesignSensu.com MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
By using DesignSensu.com (“Site”) you (“Client”) agree to the following User Agreement (also referred to as "Agreement" ) and furthermore agree to adhere to the Personal Use license and Commercial Use license. When we say “you” or the “Client” we are referring to you or the entity you represent. If you represent an employer or other entity, then you confirm that you have the authority to enter this agreement on their behalf. When we say “Site” or “we” or “our” it refers to DesignSensu.com, all owners, employees, shareholders, partners, or agents for DesignSensu.com. “Content” means any image on our site or downloaded from the Site along with it’s material (such as the image description).
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are DesignSensu.com, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE with the exceptions noted in the Personal Use and Commercial Use licenses. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to DesignSensu.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to DesignSensu.com by all means and in any media now known or hereafter developed. You also grant to DesignSensu.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against DesignSensu.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to DesignSensu.com.
TRADEMARKS.
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of DesignSensu.com. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site.
We grant you a non-exclusive, non-transferable worldwide license to use our Content for the following uses. All other rights including, without limitation, all copyright and other intellectual property rights are retained by DesignSensu.com. You may use Content on your websites, advertising, promotional materials, and other items as long as your item is not specifically designed for resale, sale, trade, barter or redistribution. For example, you can put it on your website, as long as you are not selling the website (or website design). But you could not give away a free poster with the image inside when your customer purchases a new rug, because you are profiting on the sale of the rug.
Examples of Content approved for Personal Use
You may use our Content to illustrate websites - create company presentations - illustrate books, CD covers - illustrate magazines, articles, newspapers - create advertising posters, promotional material, postcards - decorate your office or home - make posters for non-profit orientated social campaigns or humanitarian campaignsIf you will use the Content for any item that will be sold, traded, bartered or redistributed, then you must purchase a Commercial License.
Commercial Use license grants you 50,000 reproductions in any form. If you wish to produce more, you must purchase the item again via Commercial Use license. So for example, if you need to print 100,000 postcards, you would purchase 2 copies of the same image (50,000 x 2 = 100,000). If you reproduce Content in any form exceeding 500,000 copies you shall be required to pay an additional royalty fee of 0.01 U.S. dollars per reproduction in excess of this number. You shall notify us within 30 days of any excess reproduction. We will invoice you.Examples of Content approved for Commercial Use
When you have a Commercial Use license, it is OK to use our image within
T-shirts, mug cups, posters, postcards, stationary, wrapping paper, coloring books, greeting cards, web templates or any other item where Content is included in said item for sale, trade, barter or redistribution.This does NOT give you the right to sell the image itself, but only to use the Content as part of another item for sale, trade, barter or redistribution.
PROHIBITED USE OF CONTENT
In no case, Commercial Use license or otherwise, does copyright transfer to you. WE RETAIN ALL COPYRIGHT TO CONTENT. You may not claim you are the owner of the image (we own the copyright). You may not resell, rent, lend, assign, gift or otherwise transfer Content to a 3rd party excluding your employer if you are acting on behalf of your employer. You may not superficially modify Content and claim resulting image as your own. You may not store Content on a server. You may not give download access to Content to persons other than you (or your employer if you are acting on the behalf of your employer). You my not create your own artwork such as an oil painting based on Content where, in our judgement, your artwork is deemed too similar to our original Content (that said, we are open to Joint Venture Proposals if you have an idea that you wish to develop or if you wish to introduce our Content to your customers). You must not use Content in any manner which DesignSensu.com (acting reasonably) feels is pornographic, dfamatory, libelous, or obscene.If you have any doubts as to how you may use Content, contact us.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. DesignSensu.com PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND DesignSensu.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. DesignSensu.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. DesignSensu.com HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL DesignSensu.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF DesignSensu.com OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, DesignSensu.com LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.DesignSensu.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-DesignSensu.com web site, please understand that it is independent from DesignSensu.com, and that DesignSensu.com has no control over the content on that web site. In addition, a link to a DesignSensu.com web site does not mean that DesignSensu.com endorses or accepts any responsibility for the content, or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless DesignSensu.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of DesignSensu.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between DesignSensu.com and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. DesignSensu.com's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. DesignSensu.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.