Online Design Source Terms Of Use
1. Acceptance Of Terms
Online Design Source provides a collection of online resources,
including classified
ads, forums, and various email services, (referred to hereafter as "the
Service") subject to the following Terms of Use ("TOU"). By using the
Service
in any way, you are agreeing to comply with the TOU. In addition, when
using
particular Online Design Source services, you agree to abide by any applicable
posted
guidelines for all Online Design Source services, which may change from time to
time.
Should you object to any term or condition of the TOU, any guidelines,
or any subsequent modifications thereto or become dissatisfied with
Online Design Source
in any way, your only recourse is to immediately discontinue use of
Online Design Source.
2. Modifications of this Agreement
We reserve the right, at our sole discretion, to change, modify or
otherwise
alter these terms and conditions at any time. Such modifications
shall become
effective immediately upon the posting thereof. You must review this
agreement
on a regular basis to keep yourself apprised of any changes. You can
find the
most recent version of the TOU at:
http://www.Online Design Source.net/tou.htm
3. Content
You understand that all postings, messages, text, files, images, photos,
video, sounds, or other materials ("Content") posted on, transmitted
through, or linked from the Service, are the sole responsibility of the
person from whom such Content originated. More specifically, you are
entirely responsible for each individual item ("Item") of Content that
you
post, email or otherwise make available via the Service. You understand
that
Online Design Source does not control, and is not responsible for Content made
available
through the Service, and that by using the Service, you may be exposed
to
Content that is offensive, indecent, inaccurate, misleading, or
otherwise
objectionable. Furthermore, the Online Design Source site and Content available
through
the Service may contain links to other websites, which are completely
independent of Online Design Source. Online Design Source makes no representation or
warranty as
to the accuracy, completeness or authenticity of the information
contained
in any such site. Your linking to any other webites is at your own risk.
You agree that you must evaluate, and bear all risks associated with,
the
use of any Content, that you may not rely on said Content, and that
under no
circumstances will Online Design Source be liable in any way for any Content or
for
any loss or damage of any kind incurred as a result of the use of any
Content
posted, emailed or otherwise made available via the Service. You
acknowledge
that Online Design Source does not pre-screen or approve Content, but that
Online Design Source
shall have the right (but not the obligation) in its sole discretion to
refuse, delete or move any Content that is available via the Service,
for
violating the letter or spirit of the TOU or for any other reason.
4. Third party content, sites, and services
The Online Design Source site and Content available through the Service may
contain
features and functionalities that may link you or provide you with
access
to third party content which is completely independent of Online Design Source,
including web sites, directories, servers, networks, systems,
information
and databases, applications, software, programs, products or services,
and the Internet as a whole.
Your interactions with organizations and/or individuals found on or
through
the Service, including payment and delivery of goods or services, and
any
other terms, conditions, warranties or representations associated with
such
dealings, are solely between you and such organizations and/or
individuals.
You should make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline transaction with any of
these
third parties.
You agree that Online Design Source shall not be responsible or liable for any
loss or
damage of any sort incurred as the result of any such dealings. If there
is
a dispute between participants on this site, or between users and any
third
party, you understand and agree that Online Design Source is under no obligation
to
become involved. In the event that you have a dispute with one or more
other
users, you hereby release Online Design Source, its officers, employees, agents
and
successors in rights from claims, demands and damages (actual and
consequential) of every kind or nature, known or unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way
related
to such disputes and / or our service. If you are a California resident,
you
waive California Civil Code Section 1542, which says: "A general release
does
not extend to claims which the creditor does not know or suspect to
exist in
his favor at the time of executing the release, which, if known by him
must
have materially affected his settlement with the debtor."
5. Notification of claims of infringement
If you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been
otherwise violated, please notify Online Design Source's agent for notice of
claims of
copyright or other intellectual property infringement ("Agent"), at
abuse@OnlineDesignSource.net
or:
Copyright Agent
Online Design Source
2536 Via Rivera
Palos Verdes Estates, CA
90274
Please provide our Agent with the following Notice:
a) Identify the material on the Online Design Source site that you claim is
infringing, with enough detail so that we may locate it on the website;
b) A statement by you that you have a good faith belief that the
disputed
use is not authorized by the copyright owner, its agent, or the law;
c) A statement by you declaring under penalty of perjury that (1) the
above
information in your Notice is accurate, and (2) that you are the owner
of
the copyright interest involved or that you are authorized to act on
behalf
of that owner;
d) Your address, telephone number, and email address; and
e) Your physical or electronic signature.
Online Design Source will remove the infringing posting(s), subject to the the
procedures
outlined in the Digital Millenium Copyright Act (DMCA).
6. Privacy and information disclosure
Online Design Source has established a Privacy Policy to explain to users how
their
information is collected and used, which is located at the following web
address:
http://www.OnlineDesignSource.net/privacypolicy.htm
Your use of the Online Design Source website or the Service signifies
acknowledgement of
and agreement to our Privacy Policy. You further acknowledge and agree
that
Online Design Source may, in its sole discretion, preserve or disclose your
Content,
as well as your information, such as email addresses, IP addresses,
timestamps,
and other user information, if required to do so by law or in the good
faith
belief that such preservation or disclosure is reasonably necessary to:
comply with legal process; enforce the TOU; respond to claims that any
Content violates the rights of third-parties; respond to claims that
contact
information (e.g. phone number, street address) of a third-party has
been
posted or transmitted without their consent or as a form of harassment;
protect the rights, property, or personal safety of Online Design Source, its
users or
the general public.
7. Conduct
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing,
defamatory,
libelous, invasive of another's privacy, or is harmful to minors in any
way;
b) that is pornographic or depicts a human being engaged in actual
sexual conduct
including but not limited to (i) sexual intercourse, including
genital-genital,
oral-genital, anal-genital, or oral-anal, whether between persons of the
same or
opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv)
sadistic or
masochistic abuse, or (v) lascivious exhibition of the genitals or pubic
area
of any person;
c) that harasses, degrades, intimidates or is hateful toward an
individual or
group of individuals on the basis of religion, gender, sexual
orientation,
race, ethnicity, age, or disability;
d) that violates the Fair Housing Act by stating, in any notice or ad
for the
sale or rental of any dwelling, a discriminatory preference based on
race,
color, national origin, religion, sex, familial status or handicap (or
violates any state or local law prohibiting discrimination on the basis
of
these or other characteristics);
e) that violates federal, state, or local equal employment opportunity
laws, including but not limited to, stating in any advertisement for
employment a preference or requirement based on race, color, religion,
sex, national origin, age, or disability.
f) with respect to employers that employ four or more employees, that
violates the anti-discrimination provision of the Immigration and
Nationality Act, including requiring U.S. citizenship or lawful
permanent residency (green card status) as a condition for employment,
unless otherwise required in order to comply with law, regulation,
executive order, or federal, state, or local government contract.
g) that impersonates any person or entity, including, but not limited
to, a
Online Design Source employee, or falsely states or otherwise misrepresents your
affiliation with a person or entity (this provision does not apply to
Content
that constitutes lawful non-deceptive parody of public figures.);
h) that includes personal or identifying information about another
person
without that person's explicit consent;
i) that is false, deceptive, misleading, deceitful, misinformative, or
constitutes "bait and switch";
j) that infringes any patent, trademark, trade secret, copyright or
other
proprietary rights of any party, or Content that you do not have a right
to
make available under any law or under contractual or fiduciary
relationships;
k) that constitutes or contains "affiliate marketing," "link
referral code,"
"junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited
commercial advertisement;
l) that constitutes or contains any form of advertising or solicitation
if:
posted in areas of the Online Design Source sites which are not designated for
such
purposes; or emailed to Online Design Source users who have not indicated in
writing that
it is ok to contact them about other services, products or commercial
interests.
m) that includes links to commercial services or web sites, except as
allowed
in "services";
n) that advertises any illegal service or the sale of any items the sale
of
which is prohibited or restricted by any applicable law, including
without
limitation items the sale of which is prohibited or regulated by
California
law.
o) 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;
p) that disrupts the normal flow of dialogue with an excessive amount of
Content (flooding attack) to the Service, or that otherwise negatively
affects other users' ability to use the Service; or
q) that employs misleading email addresses, or forged headers or
otherwise
manipulated identifiers in order to disguise the origin of Content
transmitted through the Service.
Additionally, you agree not to:
r) contact anyone who has asked not to be contacted;
s) "stalk" or otherwise harass anyone;
t) collect personal data about other users for commercial or unlawful
purposes;
u) use automated means, including spiders, robots, crawlers, data mining
tools, or the like to download data from the Service - unless expressly
permitted by Online Design Source;
v) post non-local or otherwise irrelevant Content, repeatedly post the
same or similar Content or otherwise impose an unreasonable or
disproportionately large load on our infrastructure;
w) post the same item or service in more than one classified category or
forum, or in more than one metropolitan area;
x) attempt to gain unauthorized access to Online Design Source's computer systems
or
engage in any activity that disrupts, diminishes the quality of,
interferes
with the performance of, or impairs the functionality of, the Service or
the
Online Design Source website; or
y) use any form of automated device or computer program that enables the
submission of postings on Online Design Source without each posting being manually
entered by the author thereof (an "automated posting device"), including
without limitation, the use of any such automated posting device to
submit
postings in bulk, or for automatic submission of postings at regular
intervals.
8. Posting Agents
A "Posting Agent" is a third-party agent, service, or intermediary
that offers to post Content to the Service on behalf of others. To
moderate demands on Online Design Source's resources, you may not use a Posting
Agent to post Content to the Service without express permission or
license from Online Design Source. Correspondingly, Posting Agents are not
permitted to post Content on behalf of others, to cause Content to
be so posted, or otherwise access the Service to facilitate posting
Content on behalf of others, except with express permission or
license from Online Design Source.
9. No spam policy
You understand and agree that sending unsolicited email advertisements
to
Online Design Source email addresses or through Online Design Source computer systems, which
is
expressly prohibited by these TOU, will use or cause to be used servers
located in California. Any unauthorized use of Online Design Source computer
systems
is a violation of the TOU and certain federal and state laws, including
without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et
seq.), Section 502 of the California Penal Code and Section 17538.45 of
the
California Business and Professions Code. Such violations may
subject the
sender and his or her agents to civil and criminal penalties.
10. Paid Postings
We may charge a fee to post Content in some areas of the Service. The
fee
is an access fee permitting Content to be posted in a designated area.
Each party posting Content to the Service is responsible for said
Content
and compliance with the TOU. All fees paid will be non-refundable in the
event that Content is removed from the Service for violating the TOU.
11. Limitations on service
You acknowledge that Online Design Source may establish limits concerning use of
the
Service, including the maximum number of days that Content will be
retained
by the Service, the maximum number and size of postings, email messages,
or
other Content that may be transmitted or stored by the Service, and the
frequency with which you may access the Service. You agree that
Online Design Source
has no responsibility or liability for the deletion or failure to store
any
Content maintained or transmitted by the Service. You acknowledge that
Online Design Source reserves the right at any time to modify or discontinue the
Service (or any part thereof) with or without notice, and that
Online Design Source
shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
12. Access to the service
Online Design Source grants you a limited, revocable, nonexclusive license to
access
the Service for your own personal use. This license does not include:
(a) access to the Service by Posting Agents; or (b) any collection,
aggregation, copying, duplication, display or derivative use of the
Service
nor any use of data mining, robots, spiders, or similar data gathering
and
extraction tools for any purpose unless expressly permitted by
Online Design Source.
A limited exception to (b) is provided to general purpose internet
search
engines and non-commercial public archives that use such tools to gather
information for the sole purpose of displaying hyperlinks to the
Service,
provided they each do so from a stable IP address or range of IP
addresses
using an easily identifiable agent and comply with our robots.txt file.
"General purpose internet search engine" does not include a website or
search engine or other service that specializes in classified listings
or in any subset of classifieds listings such as jobs, housing, for
sale,
services, or personals, or which is in the business of providing
classified
ad listing services.
Online Design Source permits you to display on your website, or create a hyperlink
on your website specifically to the Online Design Source homepage or a
webpage
in the site that specifically relates to you. If the total number
of such
postings displayed or linked to on your website exceeds ten
(10)
postings, your use will be presumed to be in violation of the TOU,
absent express permission granted by Online Design Source to do so. You may
also
create a hyperlink to the home page of Online Design Source sites so long as the
link does not portray Online Design Source, its employees, or its affiliates in a
false, misleading, derogatory, or otherwise offensive matter.
Online Design Source may offer various parts of the Service in RSS format so that
users
can embed individual feeds into a personal website or blog, or view
postings
through third party software news aggregators. Online Design Source permits
you to
display, excerpt from, and link to the RSS feeds on your personal
website
or personal web blog, provided that (a) your use of the RSS feed is for
personal, non-commercial purposes only, (b) each title is correctly
linked
back to the original post on the Service and redirects the user to the
post when the user clicks on it, (c) you provide, adjacent to the RSS
feed, proper attribution to 'Online Design Source' as the source, (d) your use or
display does not suggest that Online Design Source promotes or endorses any third
party causes, ideas, web sites, products or services, (e) you do not
redistribute the RSS feed, and (f) your use does not overburden
Online Design Source's systems. Online Design Source reserves all rights in the
content of
the RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you
by
Online Design Source immediately terminates said permission or license. In
order to
collect, aggregate, copy, duplicate, display or make derivative use of
the
the Service or any Content made available via the Service for other
purposes (including commercial purposes) not stated herein, you must
first
obtain a license from Online Design Source.
13. Termination of Service
You agree that Online Design Source, in its sole discretion, has the right (but
not
the obligation) to delete or deactivate your account, block your email
or IP
address, or otherwise terminate your access to or use of the Service (or
any
part thereof), immediately and without notice, and remove and discard
any
Content within the Service, for any reason, including, without
limitation,
if Online Design Source believes that you have acted inconsistently with the
letter or
spirit of the TOU. Further, you agree that Online Design Source shall not be
liable
to you or any third-party for any termination of your access to the
Service.
Further, you agree not to attempt to use the Service after said
termination.
Sections 2, 4, 6 and 12-18 shall survive termination of the TOU.
14. Proprietary Rights
The Service is protected to the maximum extent permitted by copyright
laws
and international treaties. Content displayed on or through the Service
is
protected by copyright as a collective work and/or compilation, pursuant
to
copyrights laws, and international conventions. Any reproduction,
modification, creation of derivative works from or redistribution of the
site or the collective work, and/or copying or reproducing the sites
or any portion thereof to any other server or location for further
reproduction or redistribution is prohibited without the express
written consent of Online Design Source. You further agree not to reproduce,
duplicate or copy Content from the Service without the express written
consent of Online Design Source, and agree to abide by any and all copyright
notices
displayed on the Service. You may not decompile or disassemble, reverse
engineer or otherwise attempt to discover any source code contained in
the
Service. Without limiting the foregoing, you agree not to reproduce,
duplicate, copy, sell, resell or exploit for any commercial purposes,
any
aspect of the Service. Online Design Source is a registered mark in the U.S.
Patent
and Trademark Office.
Although Online Design Source does not claim ownership of content that its users
post,
by posting Content to any public area of the Service, you automatically
grant, and you represent and warrant that you have the right to grant,
to
Online Design Source an irrevocable, perpetual, non-exclusive, fully paid,
worldwide
license to use, copy, perform, display, and distribute said Content and
to
prepare derivative works of, or incorporate into other works, said
Content,
and to grant and authorize sublicenses (through multiple tiers) of the
foregoing. Furthermore, by posting Content to any public area of the
Service,
you automatically grant Online Design Source all rights necessary to prohibit any
subsequent aggregation, display, copying, duplication, reproduction, or
exploitation of the Content on the Service by any party for any purpose.
In addition, any content that you submit to Online Design Source, may be
used by Online Design Source in any way that it chooses without charge
or credit to the content submitter. The said content may be used by
Online Design Source on the Online Design Source website or any other
website owned or managed by The Directories Company, Inc.
15. Disclaimer Of Warranties
YOU AGREE THAT USE OF THE Online Design Source SITE AND THE SERVICE IS ENTIRELY AT
YOUR OWN RISK. THE Online Design Source SITE AND THE SERVICE ARE PROVIDED ON AN
"AS
IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND.
ALL
EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE
FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED
BY LAW,
Online Design Source DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY,
TIMELINESS, ACCURACY, AND PERFORMANCE OF THE Online Design Source SITE AND THE
SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, Online Design Source
DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON
THE
Online Design Source SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS
ON
THE Online Design Source SITE. TO THE FULLEST EXTENT PERMITTED BY LAW,
Online Design Source
DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN
CONNECTION WITH THE Online Design Source SITE OR THE SERVICE. Some
jurisdictions do
not allow the disclaimer of implied warranties. In such
jurisdictions, some
of the foregoing disclaimers may not apply to you insofar as they relate
to
implied warranties.
16. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL Online Design Source BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF
Online Design Source
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY
ASPECT OF YOUR USE OF THE Online Design Source SITE OR THE SERVICE, WHETHER THE
DAMAGES ARISE FROM USE OR MISUSE OF THE Online Design Source SITE OR THE SERVICE,
FROM
INABILITY TO USE THE Online Design Source SITE OR THE SERVICE, OR THE
INTERRUPTION,
SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE Online Design Source
SITE
OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO
DAMAGES
INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR
ADVERTISED IN CONNECTION WITH THE Online Design Source SITE OR THE SERVICE OR ANY
LINKS ON THE Online Design Source SITE, AS WELL AS BY REASON OF ANY INFORMATION OR
ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Online Design Source
SITE
OR THE SERVICE OR ANY LINKS ON THE Online Design Source SITE. THESE
LIMITATIONS SHALL
APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions,
limitations of liability are not permitted. In such jurisdictions,
some of
the foregoing limitation may not apply to you.
17. Indemnity
You agree to indemnify and hold Online Design Source, its officers, subsidiaries,
affiliates, successors, assigns, directors, officers, agents, service
providers, suppliers and employees, harmless from any claim or demand,
including reasonable attorney fees and court costs, made by any third
party
due to or arising out of Content you submit, post or make available
through
the Service, your use of the Service, your violation of the TOU, your
breach of any of the representations and warranties herein, or your
violation of any rights of another.
18. General Information
The TOU constitute the entire agreement between you and Online Design Source and
govern your use of the Service, superseding any prior agreements between
you
and Online Design Source. The TOU and the relationship between you and Online Design Source
shall be governed by the laws of the State of California without regard
to
its conflict of law provisions. You and Online Design Source agree to submit to
the
personal and exclusive jurisdiction of the courts located within the
county
of San Francisco, California. The failure of Online Design Source to exercise or
enforce any right or provision of the TOU shall not constitute a waiver
of
such right or provision. If any provision of the TOU is found by a court
of competent jurisdiction to be invalid, the parties nevertheless agree
that
the court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the TOU remain
in
full force and effect. You agree that regardless of any statute or law
to
the contrary, any claim or cause of action arising out of or related to
use
of the Service or the TOU must be filed within one (1) year after such
claim or cause of action arose or be forever barred.
19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOU, by emailing to:
abuse@OnlineDesignSource.net
Our failure to act with respect to a breach by you or others does not
waive our
right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to
quantify,
if it becomes necessary for Online Design Source to pursue legal action to enforce
the
TOU, you will be liable to pay Online Design Source the following amounts as
liquidated
damages, which you accept as reasonable estimates of Online Design Sources'
damages for
the specified breaches of the TOU:
a. If you post a message that (1) impersonates any person or entity; (2)
falsely states or otherwise misrepresents your affiliation with a person
or
entity; or (3) that includes personal or identifying information about
another person without that person's explicit consent, you agree to pay
Online Design Source one thousand dollars ($1,000) for each such message.
This provision does not apply to messages that are lawful non-deceptive
parodies of public figures.
b. If you send unsolicited email advertisements to Online Design Source email
addresses or through Online Design Source computer systems, you agree to pay
Online Design Source twenty five dollars ($25) for each such email.
c. If you post Content in violation of the TOU, other than as described
above, you agree to pay Online Design Source one hundred dollars ($100) for each
Item of Content posted. In its sole discretion, Online Design Source may
elect
to issue a warning before assessing damages.
d. If you are a Posting Agent that uses the Service in violation of the
TOU, in addition to any liquidated damages under clause (d), you agree
to
pay Online Design Source one hundred dollars ($100) for each and every Item of
Conent
posted in violation of the TOU. A Posting Agent will also be
deemed an agent
of the party engaging the Posting Agent to access the Service (the
"Principal"), and the Principal (by engaging the Posting Agent in
violation of the TOU) agrees to pay Online Design Source an additional one hundred
dollars ($100) for each Item of Conent posted by the Posting Agent on
behalf of the principal in violation of the TOU.
e. If you aggregate, display, copy, duplicate, reproduce, or otherwise
exploit for any purpose any Content (except for your own Content) in
violation of the TOU without Online Design Source's express written permission,
you agree to pay Online Design Source three thousand dollars ($3,000) for each day
on which you engage in such conduct.
Otherwise, you agree to pay Online Design Source's actual damages, to the extent
such
actual damages can be reasonably calculated. Notwithstanding any other
provision of the TOU, Online Design Source retains the right to seek the remedy
of specific performance of any term contained in the TOU, or a
preliminary
or permanent injunction against the breach of any such term or in aid of
the
exercise of any power granted in the TOU, or any combination thereof.
20. Feedback
We welcome your questions and comments on this document.
feedback@onlinedesignsource.net
|