The Design POP Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THEDESIGNPOP.COM OR ITS RELATED WEBSITES OR MOBILE APPLICATIONS (COLLECTIVELY, THE "SITE"). YOUR ACCEPTANCE OF AND AGREEMENT TO ABIDE BY ALL OF THE TERMS AND CONDITIONS GOVERNING YOUR USE OF THE SITE AND ANY MATERIALS CONTAINED THEREIN IS A CONDITION OF YOUR RIGHTS TO FURTHER ACCESS ANY AND ALL MATERIALS CONTAINED ON OR ACCESSED THROUGH THE SITE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE.
It is recommended that you keep a copy of these Terms and Conditions and any licenses posted within or through the Site for your records, as they may change from time-to-time as added functions and services are incorporated into the Site. Your rights to use this Site and any Software, Data, or Documentation are restricted rights that are governed by the End User License Agreement contained herein, and include restrictions on use and transfer.
- Fees. Please be advised that some, but not all, areas of the Site contain fee-based services and are subject to additional Subscription Terms.
- Use of Service. You agree that the Site and its services are furnished and shall be used solely for your personal, business, or institutional use, and are subject to The Design POP's Acceptable Use Policy. Such permitted uses do not include the right to directly or indirectly transmit, broadcast, redistribute, forward, or deliver the Products or services or any part of the data, information, images or other products which constitute the Site, Products, or services to any other person or entity, in any format (including, but not limited to, framing, deep liking, or embedding), or by any means ("Commercial Use"), absent a supplemental agreement in writing with The Design POP. The Site and its services may be used for lawful purposes only and may not be used in a manner that violates or infringes The Design POP's expressly reserved rights, the rights of The Design POP's Providers, or the rights of any third parties. You agree to use the Site consistent with these Terms and Conditions and shall not disclose your password to any unauthorized person. You shall be fully responsible for maintaining confidentiality of account access information and for all charges made to your account.
- Access. Access to the Site is contingent upon you providing all equipment necessary to access the Internet, Products, or services offered by The Design POP. Access to the Site requires use of a web browser meeting the minimum specifications of The Design POP. The Site and use of the The Design POP Products and services through the Site is usually available 24 hours a day, 7 days a week; however, The Design POP reserves the right to make the Site unavailable from time-to-time for any reason and at any time without prior notice. You agree that The Design POP shall not be liable for any damages arising from any interruption, suspension, or termination of the Site. The Products supplied by The Design POP are made available on any site or sites The Design POP shall designate ("Designated Site"). Your options as to which Products are available, and how to move Products from the Designated Site to your location or Hardware, or to issue appropriate electronic commands to accept the Products at the Designated Site and move such items to an authorized location or to pass on authorized users to the Designated Site are limited by the type or format of the Products or services selected by you and your Hardware then in use. The Design POP makes no guarantees that the Products or services selected by you will be operational with your Hardware.
- Permitted Uses. You may download, view, copy, and print Products incorporated in or accessed through this Site subject to the following: (1) the Products may be used solely for personal, informational, or internal purposes and may not be re-distributed without the express written permission of The Design POP; (2) the Products may not be modified or altered in any way; (3) any copyright or other proprietary notices must appear on all copied Products; and (4) certain Products on this Site may be subject to further use, modification, copying, or dissemination restrictions that shall override this general grant to use the Products (please see the Notice Specific to Products Available on this Website section herein). Access to and copying/distribution of original user content (i.e. such as from chat rooms, message/bulletin boards, photo gallery, feedback forums, etc.) shall be controlled by restrictions imposed by the originator of the content or by the Acceptable Use Policy. The Design POP expressly reserves the right to refuse any materials for submission or upload by you or other users of this Site. Except as expressly provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, distribute, or redistribute any information or Products from the Site in whole or in part without the prior written permission of The Design POP or its Providers, which The Design POP reserves the right to grant or deny as it sees fit in its sole discretion. Requests to reprint or redistribute Products and other materials accessed from the Site should be directed to the originator of the Products or materials. For The Design POP Products, reprint and/or redistribution requests should be sent to DesignerX LLC, 5428 Richmond Curve, Minneapolis, MN 55410, Attention: Request Department.
- Trademark Information. THE DESIGN POP, THEDESIGNPOP.COM, and all other The Design POP Product names, service names, slogans, or logos referenced in this Site are trademarks or registered trademarks of DesignerX LLC, a Minnesota limited liability company d/b/a The Design POP. All other company, product, or service names referenced in this Site are used for identification purposes only and may be trademarks of their respective owners.
- Copyright Information. Copyright © 2021, DesignerX LLC. All rights reserved. Original user content submitted by users or Providers to the Site or where expressly provided otherwise by The Design POP is proprietary to the submitting users or Providers, is protected by copyright law, and is subject to the usage restrictions separately set forth in the Notice Specific to Products Available on this Website.
Notification of Copyright Infringement:
The Design POP will, in appropriate circumstances, terminate the accounts of persons or entities involved in disputes regarding intellectual property rights and remove or disable access to related content. If you believe that this Site contains infringing or disputed intellectual property, or that work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please provide The Design POP's Copyright Agent a Notice of Infringing Material(s) ("Notice") containing the following elements:
- A physical or electronic signature of the owner (or an authorized agent) of the copyright material(s) alleged to have been infringed.
- A description of the copyrighted work or works that the copyright owner or agent claims have been infringed and a reasonable identification of the material(s) the copyright owner claims is infringing the copyrighted work(s) and is requesting to be removed or access be disabled.
- A description of where the alleged infringing material(s) is located on the Site (include a URL, if possible).
- Sufficient contact information regarding the copyright owner or agent, such as physical address, e-mail address, website, telephone number, and fax number.
- A statement by the copyright owner or agent that he/she has a good faith belief that the use of the material(s) identified in the Notice is not authorized by the copyright owner, its agent, or the law.
- A statement by the copyright owner or agent that the information in the Notice is accurate and, under penalty of perjury, that the complainant is the copyright owner or an authorized agent to act on behalf of the copyright owner.
The Design POP's Copyright Agent for Notices of Infringing Materials can be reached as follows:
Attn: Copyright Agent
5428 Richmond Curve
Minneapolis, MN 55410
- Acceptable Use Policy. You agree not to use the Site, Products, or services to:
- upload, post, or otherwise transmit any data or content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy or without another's permission, hateful, or racially, ethnically, or otherwise objectionable to any person for any reason, natural, or corporate;
- harm minors in any way; impersonate any person or entity, including, but not limited to, a The Design POP representative, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, post, or otherwise transmit any falsified, composite, or otherwise non-authentic depictions of events, entities, or persons (spoofs);
- upload, post or otherwise transmit any content that you do not have a right to transmit 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);
- upload, post, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary or intellectual property rights of any party;
- upload, post, or otherwise transmit any content that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- upload, post, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "phishing," or any other form of solicitation, including, without limitation, the solicitation of users to become users of other online information services competitive with The Design POP;
- upload, post, or otherwise transmit 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;
- interfere with or disrupt The Design POP or servers or networks connected to The Design POP, or disobey any requirements, procedures, policies, or regulations of networks connected to The Design POP;
- "stalk" or otherwise harass another; collect or store Personally Identifiable Information about other users;
- promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals, including, but not limited to, providing instructions on how to assemble bombs, grenades, and other weapons, and creating "Crush" sites;
- use your access or The Design POP-hosted site (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond the Site, without express written permission from The Design POP;
- use the Site to engage in commercial activities without enrolling in The Design POP-approved programs, including but not limited to, offering for sale any products or services, soliciting for advertisers or sponsors, conducting raffles or contests that require any type of entry fee, displaying a sponsorship banner of any kind, displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their websites, use the Site to provide access to the Site for other persons through use of your User Name and Password;
- tamper in any way with the Products or functionality of the Site, such as placing on the Site material that contains any viruses, time bombs, trojan horses, worms, Easter eggs, cancelbots, or other computer programming routines that may damage, interfere with, intercept or expropriate any system, data or information, or utilize bots, agents, auction crawlers, and other computer-based crawling programs on the Site.
THE DESIGN POP EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY MATERIALS UPLOADED OR PLACED ON THE SITE BY YOU OR OTHER USERS OF THE SITE.
- Additional Products and Services. Certain services, in addition to those described in this Agreement, or as offered by The Design POP through other product licenses or service agreements and others as may be made available as a part thereof, or through this Site, by Providers, or by The Design POP, and may be subject to terms and conditions in addition to those in this Agreement, which terms and conditions are available upon registering for or subscribing to the products or service(s) ("Provider Terms"). Any Provider Terms are in addition to these Terms and Conditions, and apply only to that Provider's service or content unless explicitly stated otherwise. Should an additional service be made available on this Site or from The Design POP without additional Provider Terms, these Terms and Conditions shall apply. TO THE EXTENT THAT THE DESIGN POP SERVICES ARE BEING MADE AVAILABLE THROUGH THIS SITE, THE PROVISIONS IN THESE TERMS AND CONDITIONS SHALL MODIFY OR AMEND ANY CONFLICTING TERMS IN OTHER THE DESIGN POP AGREEMENTS. Additional Provider Terms for any products or services provided with The Design POP registration may be made available through the Site via hyperlinks and are applicable should you choose to use their products or services.
- Safety. You will not access or use the Site while operating a motor vehicle in a manner that violates any traffic law, rule, or regulation. Even if access or uses of the Site while operating a motor vehicle is permitted by applicable law, The Design POP does not recommend accessing or using the Site while driving without a hands-free technology; provided, however such technology is not a substitute for attentive driving nor guaranty of safety. It is your sole responsibility to exercise discretion and observe all safety measures required by law, traffic rules, and traffic regulations.
- Disclaimer. The Design POP shall have no responsibility or liability whatsoever to you or any other person or entity, parties, and nonparties alike, related to the Site or any Products or services. The Design POP shall have no responsibility or liability whatsoever when data or services from third parties that The Design POP uses for its Site or any Products or services are unavailable or disregarded. Web-based and mobile/wireless services are dependent upon open communications networks provided by third parties and The Design POP is not responsible for lack of services due to communications network outages. The Design POP makes no warranty or representation with respect to any Provider products or materials.
- NO WARRANTIES; LIMIT OF LIABILITY. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE, ERRORS ON THE SITE, AND THE INTERNET GENERALLY. THIS SITE AND THE PRODUCTS ARE PROVIDED BY THE DESIGN POP ON AN "AS IS" BASIS. THE DESIGN POP AND ITS PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, THE DESIGN POP AND ITS PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHER PROPRIETARY RIGHTS, AND FREEDOM FROM ERRORS, VIRUSES, BUGS, OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, INSTALL, OR USE THE TOOLBAR(S) AND OTHER PRODUCTS MADE AVAILABLE ON THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT THE DESIGN POP WILL HAVE NO LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES OR DISRUPTION TO YOUR COMPUTER OR SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOADS. THE DESIGN POP AND ITS PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL DAMAGES, OR DAMAGES RESULTING FROM THE LOSS OF USE, DATA, OR PROFITS, OR BUSINESS INTERRUPTION ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, ANY DELAYS ON THE SITE, ANY PURCHASE, LICENSE, OR SERVICE RELATED TO THE SITE, OR THE INABILITY TO USE THE SITE, ANY PORTION THEREOF, OR ANY HYPERLINKED OR EMBEDDED SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE DESIGN POP OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF THE DESIGN POP AND ITS PROVIDERS ARISING OUT OF OR IN ANY WAY RELATED TO USE OF ANY OF THE PRODUCTS OR THIS SITE OR ITS IMPLEMENTATION SHALL NOT EXCEED THE GREATER OF $1.00 OR 50% OF THE FEES PAID BY YOU TO THE DESIGN POP UNDER THESE TERMS AND CONDITIONS AND ANY APPLICABLE SUBSCRIPTION TERMS OR PROVIDER TERMS. THIS SHALL BE THE EXCLUSIVE REMEDY HEREUNDER.
- Indemnification. You hereby agree that you will defend, indemnify, and hold harmless The Design POP and its Providers from all manners of suit, actions, damages, charges, and expenses, including attorney and counsel fees, which The Design POP or its Providers may sustain by reason of your use of this Site, your breach of any of the terms, covenants, or conditions of these Terms and Conditions, or other claims against The Design POP arising from these Terms and Conditions.
- Export Controls. This Site and the Products may only be used in compliance with applicable statutes or regulations relating to the export control laws and regulations of the United States of America and any amendment thereof. You acknowledge that no Products or other underlying information or technology accessed hereunder may be accessed, downloaded, used, possessed, or otherwise exported or re-exported to (or to a national or resident of) any country outside of the United States (including further export if you took delivery of the Products inside the United States) without first complying strictly and fully with all export controls that may be imposed by the United States government or any country or organization of nations within whose jurisdiction you use the Products or other underlying information or technology. If you have any questions regarding its obligations under the United States of America Export Regulations, you should contact legal counsel of your choosing.
- Third-Party Sites and Providers. This Site may link, redirect, connect, "frame," utilize plug-ins, integrate applications recognized automatically by the browser, and otherwise direct you to, without limitation, other sites, servers, third-party internet data, software or service providers, software developers, internet storefronts, Internet Service Providers, and mobile/wireless communications carriers, among others ("Providers"). To the extent applicable, these Terms and Conditions shall apply. In order to utilize some of the The Design POP Products and services, you may have to use, accept, install, and review information, data, executables, programs, software, and other items from Providers that are not under the control of The Design POP. This may occur with or without your knowledge and although the visual representation on your screen may appear to be a The Design POP website, the information, data, executables, programs, software, and other items may come from Providers and may not be under the control of The Design POP. You acknowledge that The Design POP is not responsible for the accuracy, copyright, and other intellectual property compliance, legality, decency, or any other aspect of the content of such Providers. Your use of this Site and the products and services through these Providers is at your own risk. The Design POP is not responsible for webcasting or any other form of transmission received from any linked site, nor the failure of any services provided through mobile/wireless carriers, internet storefronts, or other Providers. The Design POP is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Design POP, nor has The Design POP independently authenticated products or materials provided by Providers.
- Advertisements. The Site is or may be supported by advertising revenue and may include advertisements for products and services offered by third parties. The Design POP makes no representations or warranties with respect to the quality, appropriateness, accuracy, truthfulness, reliability, business ethics, or other aspects of any such advertisements or the organizations placing the advertisements and shall have no responsibility or liability for any claims arising out of or related to any such advertisements, the contents thereof, the products or services promoted therein, or the fulfillment thereof. It is a user’s sole responsibility to satisfy himself or herself as to the desirability of dealing with any given advertiser and to understand the relationship is between the user and the advertiser and not with The Design POP. The Design POP may display political advertising as a business transaction, from advocacy groups and candidates for office. The Design POP does not endorse candidates for political office or endorse any political statements, positions, or issues.
- Parental Control Protections. The Design POP has the legal obligation to advise you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
- Modifications. The Design POP may modify this Agreement at any time, and the new terms and conditions will become effective by posting the new terms and conditions in the same location as the previous terms and conditions were posted. The Design POP has the right at any time to modify or cancel any feature or functionality of the Site, including hours of availability, content, applications, and equipment requirements for use with the Products or services, and The Design POP reserves the right to suspend or terminate access to this Site or the Products or services or remove any content placed on the Site at any time as The Design POP deems necessary in its sole discretion.
- Terms of Service. These Terms and Conditions are effective upon acceptance, and shall remain and continue until terminated by The Design POP. Neither this Agreement nor any rights or obligations hereunder may be assigned by you without the express written permission of The Design POP, which The Design POP may withhold in its sole discretion, and any purported transfer of rights shall oblige the transferee to these Terms and Conditions, and your rights will be terminated. You may terminate these Terms and Conditions by destroying, removing, or obliterating the Products and all copies thereof, and certifying as such to The Design POP in whatever form or format requested by The Design POP. The Design POP may terminate your right to use the Site and its Products and services as it deems necessary in its sole discretion. Upon such termination by The Design POP, you agree to certify the destruction, removal, or obliteration of the Products and all copies thereof to The Design POP in whatever form or format requested by The Design POP.
- Notice. Posting of notice on the Site by The Design POP shall constitute notice to you. Written notice of termination shall be provided in the following manner: mail to 5428 Richmond Curve, Minneapolis, MN 55410, Attention: Request Department.
- Choice of Laws / Jurisdiction. This Agreement is governed by the laws of the State of Minnesota, with the exception of export control or other matters of federal question that are governed by the laws of the United States of America. Any dispute arising out of this Agreement or related thereto shall be subject to the jurisdiction of the state or federal courts, as applicable, located in Minneapolis, Minnesota and you consent to the personal jurisdiction thereof.
- Renewal Terms. Subscription packages. if any, shall continue to renew annually, monthly, or on any other agreed-upon term until thirty (30) days after proper termination notification from you to The Design POP.
- LANGUAGE. TO THE EXTENT THIS AGREEMENT MAY BE TRANSLATED INTO A LANGUAGE OTHER THAN ENGLISH AND THERE IS A CONFLICT OF TERMS BETWEEN THE ENGLISH AND OTHER LANGUAGE VERSIONS, THE ENGLISH VERSION SHALL CONTROL.
Last Modified: April 1, 2021.