Last Updated on August 10, 2021
These Terms of Service (these “Terms”) govern your access to and use of the DezignClub™ service offered through our website (the “Site”) and mobile applications (collectively, the “Service”). By accessing or using the Service, you are agreeing to these Terms, which form a legally binding agreement between you, as the user of the Service (“you” or “your”) and Dezignwrks (hereafter, “DezignClub”, “we”, “us”, or “our”). If you are not eligible to use the Service in accordance with these Terms, or if you do not agree with these Terms, you must not access or use the Service.
THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING THE SITE AND THE SERVICE. THESE TERMS INCLUDE DISPUTE RESOLUTION PROVISIONS THAT LIMIT YOUR RIGHTS TO SUE DEZIGNCLUB IN A COURT OF LAW AND TO BRING OR PARTICIPATE IN ANY CLASS OR GROUP PROCEEDING. THEY ALSO CONTAIN PROVISIONS THAT LIMIT DEZIGNCLUB’S LIABILITY TO YOU.
1. USE OF THE SERVICE
A. Subscription Offerings. DezignClub allows you to access certain premium features and DezignClub Content pertaining to interior design (the “Offerings”) as part of the Service in exchange for a fee (the “Subscription Fee”). The Offerings may include, but are not limited to, online courses, printable and readable design resources and worksheets, live webinars with industry experts, live question and answer sessions, vendor referrals, online quizzes, informational videos, product recommendations, discussion forums with chat features, and similar interior design resources.
B. Use Rights. Subject to your agreement and continuing compliance with these Terms and any relevant DezignClub policies published on the Site and/or in our mobile applications, and subject to your payment of Subscription Fees, DezignClub grants you a non-exclusive, non-transferable, revocable, limited right to access and use the Service and DezignClub Content solely for your own personal, non-commercial purposes. Your use of the Service is at your own risk, including the risk of exposure to Content that is offensive, indecent, inaccurate, objectionable, incomplete, or is otherwise inappropriate.
C. Eligibility. To access or use the Service, you must be the older of (i) 18 years of age or (ii) legal age to form a binding contract with DezignClub, with the requisite power and authority to enter into these Terms under the laws of the jurisdiction in which you reside. You may not access or use the Service if DezignClub has previously banned you from the Service or closed your Account.
D. Accounts. To access and use the features of the Service, you must create an Account and provide certain information about yourself. You are responsible for maintaining accurate account information at all times and for maintaining the confidentiality of your Account password. You are also responsible for all activities that occur in connection with your Account, and you agree to notify DezignClub immediately of any unauthorized use of your Account. You may not create or use an Account for anyone other than yourself. You may not impersonate someone else, provide an email address other than your own, create multiple Accounts, or transfer your Account to another person. We reserve the right to suspend and/or terminate your Account for any reason at any time.
E. Availability. The Service and Offerings may be modified, updated, interrupted, suspended, or discontinued at any time. We provide the Service from our locations in the United States. We make no representation that the Service is appropriate or available in other locations.
F. Privacy. Use of the Service is also governed by our Privacy Policy, the most current version of which is available at https://dezignspace.com/privacy-policy/ and incorporated herein by reference. Our Privacy Policy contains important disclosures about how we collect and use your personal information. By accessing the Service, creating an Account, or using the Service, you consent to the collection and use of your personal information as set forth in our Privacy Policy. Unless we specifically request it, you agree not to upload or transmit any personal information to the Service.
2. PAYMENT, REFUND, AND CANCELLATION POLICY
A. Payment. DezignClub accepts payment of Subscription Fees via the current payment method indicated prior to your purchase of a subscription to the Service (“Subscription”). You must have a valid accepted form of payment on file in order to purchase a Subscription. You agree to abide by any relevant terms of service or other legal agreement that governs your use of a given payment processing method. Prices for a Subscription to the Service may change at any time, and DezignClub does not provide price protection or refunds in the event of a price reduction or promotional offering. You agree to pay for any Subscription that you order. DezignClub will charge your credit card or other form of payment for the price listed on the Subscription, along with any additional amounts relating to applicable taxes, bank fees and currency fluctuations. If you purchase an automatically renewing Subscription, you agree that DezignClub will charge the payment method on file on the first day of each billing period for the Subscription, and if the payment method on file becomes invalid due to an expired credit card or other similar reason and we are unable to charge you on the next billing period, DezignClub reserves the right to immediately revoke your access to the Service until you update your payment method. If you fail to update your payment method within a reasonable amount of time, DezignClub may cancel your Subscription.
B. Taxes. If DezignClub is required to collect or pay any taxes in connection with your purchase of a Subscription, such taxes will be charged to you at the time of each purchase transaction. Additionally, if required by law, you are responsible for reporting and paying certain taxes in connection with your purchase and use of a Subscription. Such taxes may include duties, customs fees, or other taxes (other than income tax), along with any related penalties or interest, as applicable to your purchase.
C. Refunds. You can cancel your purchase of a Subscription and receive a refund as long as you have not commenced using the Service and you make your request no later than 3 working days after your order is completed. Requests for refunds must be directed to our customer support team by sending an email to help@thedezignclub.com. We reserve the right to approve or deny refund requests after 3 working days at our sole discretion. In the event a refund is issued after 3 days for any Subscription, you may be issued a partial refund that is pro-rated for the remaining time left on the Subscription. If you receive a refund for any reason, DezignClub reserves the right to terminate your access to the Service.
D. Subscription Cancellations. If you purchase a Subscription to the Service that automatically renews, you may cancel the subscription any time before the end of the current billing period and the cancellation will take effect on the next billing period. You will retain access to the Service from the time you cancel until the start of the next billing period and will not receive a refund or credit for any remaining days in your current billing period.
3. CONTENT
A. Definitions. “Content” means any and all text, images, audio, video, products, services, processes, and all other forms of data or communication viewable or available within the Services. “Your Content” means any Content that you submit or transmit to or in connection with the Service, and includes, without limitation, photos, videos, and all forms of data or communication. “User Content” means Content that other users submit or transmit to or in connection with the Service. “DezignClub Content” means Content that we make available in connection with the Service, including the Offerings. “Third Party Content” means Content made available in connection with the Service that originates from parties other than DezignClub or its users and may include third-party products and services.
B. Your Responsibilities. You are responsible for ensuring that Your Content complies with the Content Guidelines set forth in subsection (C) below. You are solely responsible for Your Content and DezignClub assumes no responsibility or liability in connection with Your Content. You understand that, once posted to the Service, Your Content cannot always be withdrawn or deleted. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose. You represent that you own or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by DezignClub. You understand that you may expose yourself to liability if your Content is not compliant with the foregoing.
C. Content Guidelines. These Content Guidelines apply to Your Content. Your Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, Your Content must not:
a. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
b. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
c. Infringe any patent, trademark, trade secret, copyright, or other intellectual property rights of any other person.
d. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
e. Be likely to deceive any person.
f. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
g. Cause annoyance, inconvenience, disparagement, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
h. Impersonate any person or misrepresent your identity or affiliation with any person or organization.
i. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or otherwise, be irrelevant or amount to spam.
j. Give the impression that it emanates from or is endorsed by us or any other person or entity if this is not the case.
D. Ownership. As between you and DezignClub, you own Your Content, and we own DezignClub Content, which includes but is not limited to the Service, our Site, our mobile applications, visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, aggregation, and arrangement of User Content and other Content), computer code, products, software, our Offerings, and all other elements and components of the Service excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with DezignClub Content and the Service, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. You are not authorized to sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way use or exploit any of the DezignClub Content in whole or in part except as expressly authorized by us. You may only use DezignClub Content for your own personal, noncommercial purposes. Any use of DezignClub Content for commercial purposes is expressly prohibited. Except as provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the DezignClub Content are retained by us.
E. License to Your Content. Except as otherwise required by law, you hereby irrevocably grant us world-wide, perpetual, fully paid up, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use and distribute Your Content for any purpose. You understand that the foregoing license to Your Content allows us to use Your Content without restriction, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (hereafter known as “Other Media”). You understand that you also irrevocably grant other users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive, and cause to be waived, against DezignClub and its users any claims and assertions of moral rights or attribution with respect to Your Content. Notwithstanding anything to the contrary, your personal information will be treated in accordance with our Privacy Policy per Section 1(F) above.
F. DezignClub Store and Third-Party Content. DezignClub may recommend certain Third-Party Content, including products and services, pertaining to interior design or otherwise as part of the Service. Such recommendations do not constitute or imply an endorsement by DezignClub of any Third-Party Content, or its producer or provider, and DezignClub makes no representation or warranty as to the quality or suitability of such Third-Party Content. DezignClub is not liable to you for any losses or damages in connection with your use of any Third-Party Content. Links in the Service may lead to Third Party Content including third-party websites and services that are not owned or operated by DezignClub. DezignClub does not endorse, has no control of, and makes no representation or warranty with respect to such Third-Party Content. Likewise, if our Service is linked or referenced in a third-party website or social media, we are not liable for any information provided on or through such website or social media. Any use you make of the information provided in the Service, or any Third-Party Content linked to by the Service, is at your own risk.
G. Disclaimer and Reservation of Rights. You understand that User Content does not reflect the opinion of DezignClub. Our facilitation of Third-Party Content does not constitute or imply an endorsement by DezignClub of such Third-Party Content. Except as required by law, we have no obligation to retain or provide you with copies of Your Content, and we do not guarantee any confidentiality with respect to Your Content. We reserve the right to remove, screen, edit, or reinstate Content in our sole discretion for any reason or no reason, and without notice to you.
4. RESTRICTIONS
A. You represent and warrant that you will not, and will not assist, encourage, or enable others to:
i. Upload or transmit any Content to the Service in violation of the Content Guidelines.
ii. Partake in any activity or action that is unlawful or that is against the spirit or intent of the Service.
iii. Copy, modify, edit, create derivative works of, publicly display, publicly perform, republish, transmit, distribute, or otherwise exploit the Service or any material obtained through the Service.
iv. Lease, sell, rent, or otherwise exploit for commercial purposes any part of the Service, including without limitation access to or use of the Service.
v. Delete, alter, or obscure any intellectual property rights or other proprietary rights notices from copies of materials from the Service.
vi. Initiate, assist, or become involved in any form of attack or disruption to the Service, including without limitation distribution of a virus, worm, spyware, time bombs, corrupted data, denial of service attacks upon the Service, or other attempts to disrupt the Service or other person’s use or enjoyment of the Service.
vii. Use robots, spiders, crawlers, man-in-the-middle software, or any other automated process to access, use, reverse engineer, or manipulate the Service, Accounts, or DezignClub.
viii. Promote, encourage, or participate in any activity involving cheating, hacking, phishing, distribution of counterfeit Service, or taking advantage of or creating exploits, cheats, bugs, errors, undocumented features, or other software designed to modify the Service or user’s experiences.
ix. Attempt to gain unauthorized access to Service or Accounts not belonging to you.
x. Conspire or work with others to violate any of the foregoing restrictions.
xi. Use the Service where it is prohibited by law or in violation of law.
5. FEEDBACK
You may send us ideas, suggestions, or proposals (“Feedback”), but you agree that (i) your Feedback will not contain any third party confidential or proprietary information, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we have no obligation to review, consider, or implement the Feedback, or to return to you all or part of the Feedback, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against DezignClub and its users any claims and assertions of any moral rights contained in such Feedback.
6. INDEMNITY
You agree to defend, indemnify, and hold DezignClub, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents, contractors and representatives of each of them (collectively, the “DezignClub Entities”) harmless from and against any claim, liability, loss, injury, damage, cost, or expense (including reasonable attorneys’ fees) arising out of or from (a) your access and use of the Service, including Your Content; (b) your violation of these Terms; or (c) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. DezignClub reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us if you are not responsive to your obligations hereunder, and you agree to cooperate with our defense of these claims. You agree not to settle any indemnifiable matter without the prior written consent of DezignClub. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
7. DISCLAIMER OF WARRANTIES
WE WILL USE REASONABLE EFFORTS CONSISTENT WITH PREVAILING INDUSTRY STANDARDS TO MAINTAIN THE SERVICE IN A MANNER WHICH MINIMIZES ERRORS AND INTERRUPTIONS IN THE SERVICE. OTHERWISE, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, DEZIGNCLUB EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, DEZIGNCLUB DOES NOT WARRANT THAT THE SERVICE WILL OPERATE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DEZIGNCLUB MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, COMPLETENESS, ACCURACY, OR RELIABILITY OF THE SERVICE, ITS SAFETY OR SECURITY, INCLUDING WITHOUT LIMITATION THE SECURITY OF YOUR DATA, OR THE SERVICE CONTENT. DEZIGNCLUB MAKES NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD-PARTY CONTENT OR ANY THIRD PARTY OR THE SERVICE’S USERS. YOUR USE OF THE SERVICE AND YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE.
8. LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE DEZIGNCLUB ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. BY ACCESSING OR USING THE SERVICE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
A. EXCLUSION OF CERTAIN DAMAGES. YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DEZIGNCLUB ENTITIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL OR OTHER SIMILAR DAMAGES OR LIABILITIES ARISING OUT OF OR RELATED TO THESE TERMS OR THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY, EVEN IF THE DEZIGNCLUB ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
B. CAP ON LIABILITY. THE DEZIGNCLUB ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE DEZIGNCLUB ENTITIES IN CONNECTION WITH THE SERVICE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
9. DISPUTE RESOLUTION
PLEASE READ THIS SECTION CAREFULLY AS IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. BY ACCESSING OR USING THE SERVICE, OR BY PURCHASING PRODUCTS ON THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
A. Initial Dispute Resolution. If a dispute arises between you and DezignClub pertaining to these Terms and your use of the Service, the party raising the dispute must notify the other party in writing, or in your case, you may notify DezignClub through its customer service and support features in the Service. For a period of at least forty-five (45) days following such notification, we will use good faith efforts to settle such dispute, which shall be a condition to either party initiating binding arbitration.
B. Binding Arbitration. If the parties do not reach a resolution to a dispute after at least forty-five (45) days of good faith efforts with DezignClub’s customer service, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service, shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. Any arbitration hereunder will be held exclusively in the State of California, United States. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written, and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
C. No Class Action. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND DEZIGNCLUB AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
D. Access to Courts. The parties understand that, absent the mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may bring an action in U.S. state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights) or otherwise seek injunctive relief. For any dispute not subject to arbitration, you and DezignClub agree to submit to the personal and exclusive jurisdiction of and venue in the federal and state courts located in the state of California, United States. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
E. Controlling Law. These Terms and any action related thereto, including arbitration, will be governed by the laws of the State of Delaware without regard to its conflict of law provisions to the contrary.
10. MODIFICATION OF TERMS
These Terms may be revised periodically by our posting of an updated version on our website or in our mobile applications. You are responsible for checking these Terms and the Privacy Policy regularly to stay informed about changes. By continuing to use the Services after an updated version of the Terms is posted, you agree to be bound by the updated Terms and/or Privacy Policy in connection with your continued use of the Services. Except as otherwise stated, any changes will be effective immediately upon publication of an updated version of the Terms or Privacy Policy as indicated herein.
11. TERM AND TERMINATION
These Terms, as modified or amended by DezignClub from time to time, shall be in effect and shall remain in effect at any time that you use the Service. Termination of any rights granted by DezignClub under these Terms does not affect any other provisions of these Terms. You may terminate these Terms at any time by canceling your Subscription and discontinuing your use of the Service. We may terminate these Terms, including your right to access the Service, at any time in our sole discretion. All terms contained herein, which by their nature are intended to survive the termination of these Terms, shall so survive.
12. SUPPLEMENTAL APP STORE TERMS
The terms of this Section 12 apply if you are downloading and accessing the Service through the Google Play Store or through the Apple Store.
A. Google Play Store. If you are accessing the Service by way of downloading the DezignClub mobile application through the Google Play Store, you agree to the supplemental Google Play Terms of Service located at https://play.google.com/intl/en-us_us/about/play-terms/index.html or another URL as determined by Google. In the event of a conflict between these Terms and the Google Play Terms of Service, the Google Play Terms will govern. To the maximum extent permitted by applicable law, Google will have no warranty obligation whatsoever with respect to the Service, and Google will not be responsible for any product claims or claims of intellectual property infringement with respect to the Service. Google is a third-party beneficiary of these Terms.
B. Apple Store. If you are accessing the Service by way of downloading the DezignClub mobile application through the Apple Store, you agree to the supplemental Licensed Application End User License Agreement located at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/ or another URL as determined by Apple. In the event of a conflict between these Terms and the Licensed Application End User License Agreement, the Licensed Application End User License Agreement will govern. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the Service, and Apple will not be responsible for any product claims or claims of intellectual property infringement with respect to the Service. Apple is a third-party beneficiary of these Terms.
13. GENERAL TERMS
A. Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You warrant that you will not violate any law applicable to you in your use of the Service.
B. Waiver; Severability. Any waiver of a right or provision hereunder must be in writing to be effective. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
C. Assignment. The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with our prior written consent but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
D. Our Relationship. You agree that no joint venture, partnership, employment, agency, special or fiduciary relationship exists between you and DezignClub as a result of these Terms or your use of the Service.
E. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you and DezignClub, with the limited exception as set forth in Section 12.
F. Notices.
a. To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
b. To Us. To give us notice under these Terms, you must contact us as follows:
(i) by e-mail to biz@thedezignclub.com; or
(ii) by personal delivery, overnight courier, or registered or certified mail to 3334 East Coast Highway #602, Corona Del Mar, California, 92625.
We may update the facsimile number or address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.
c. Copyright Contact. If you believe your copyright, trademark, or other property rights have been infringed by a posting of any Content the Service, please send a notification to DezignClub. Such notification should be sufficient in detail to allow us to investigate and take steps to resolve the matter. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
i. Designated agent for claimed infringement: biz@thedezignclub.com
G. Entire Agreement. These Terms, including the Privacy Policy, are the entire and exclusive agreement between you and us with respect to the Service and the subject matter hereof, and together they supersede and replace any prior agreements regarding the foregoing.
