Terms of Service
If you make a purchase at the Website, your purchase will be subject to additional purchase terms and conditions (collectively, "Purchase Policies") appearing on the Shipping, Returns & Taxes page, which are hereby incorporated into and made part of these Terms of Service. Please review our Purchase Policies before making any such purchase. By submitting payment information in connection with any such purchase, you agree to our Purchase Policies.
You acknowledge that all materials at the Website, including the Website's design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, "Materials"), are the property of Design Files LLC and/or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights.All rights to Materials not expressly granted in these Terms of Service are reserved to their respective copyright owners. Design Files LLC authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by these Terms of Service, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of Design Files LLC or the respective copyright owner. In an absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. The trademarks, service marks, trade names, trade dress and logos (collectively, "Marks") contained or described at the Website are the sole property of Design Files LLC and/or its licensors and may not be copied, altered or otherwise used, in whole or in part, without the prior written authorization of Design Files LLC and/or its licensors. In addition, all page headers, custom graphics, button icons and scripts are the property of Design Files LLC and may not be copied, imitated or otherwise used, in whole or in part, without the prior written authorization of Design Files LLC. Design Files LLC reserves the right to enforce its intellectual property rights to the fullest extent of the law.
Third Party Websites
Links at the Website to third party websites are provided only as a convenience to you. If you use these links, you will leave the Website. Design Files LLC does not control or endorse any such third party websites. You agree that the Design Files LLC Parties, as defined below, will not be responsible or liable for any content, goods or services provided on or through these outside websites or for your use or inability to use such websites. You will use these links at your own risk. You are advised that other websites on the Internet, including third party websites linked from this Website, might contain material or information: that some people may find offensive or inappropriate; that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of others' rights or otherwise unlawful. Design Files LLC expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services, that appear on any third party website.
You are required to establish an account at the Website in order to take advantage of certain features of this Website, such as making a purchase. If you provide information at the Website, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Website; and (b) as permitted, maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is false, inaccurate or outdated, or Design Files LLC has reasonable grounds to suspect that such information is false, inaccurate or outdated, Design Files LLC has the right to suspend or terminate your account and prohibit any and all current or future use of the Website (or any portion thereof) by you.
You will create a username and password while completing the account registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (a) immediately notify Design Files LLC of any unauthorized use of your password or account or any other breach of security; and (b) ensure that you exit from your account at the end of each session. You agree to be responsible for all charges resulting from the use of your account at the Website, including charges resulting from unauthorized use of your account prior to your taking steps to prevent such occurrence by changing your password and notifying Design Files LLC. The Design Files LLC Parties cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
You agree to use the Website only for lawful purposes and that you are responsible for your use of and communications at the Website. You agree not to post on or transmit through this Website any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others' intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this Website in any manner that interferes with its normal operation or with any other user's use and enjoyment of the Website.
You further agree that you will not access this Website by any means except through the interface provided by Design Files LLC for access to the Website. Creating or maintaining any link from another website to any page at the Website without the prior authorization of Design Files LLC is prohibited. Running or displaying this Website or any information or material displayed at the Website in frames or through similar means on another website without the prior authorization of Design Files LLC is prohibited. Any permitted links to this Website must comply with all applicable laws, rule and regulations.
Design Files LLC makes no representation that Materials contained at the Website or products described or offered at the Website are appropriate or available for use in jurisdictions outside the United States, or that these Terms of Service comply with the laws of any other country. Visitors who use the Website and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access this Website from any territory where its contents are illegal, and that you, and not the Design Files LLC Parties, are responsible for compliance with applicable local laws.
You agree that Design Files LLC may terminate or suspend your access to all or part of this Website, without notice, for any conduct that Design Files LLC, in its sole discretion, believes is in violation of these Terms of Service or any applicable law or is harmful to the interests of another user or the Design Files LLC Parties. Notwithstanding such termination or suspension, you will continue to be subject to the "Intellectual Property," "Warranties, Disclaimers and Limitations of Liability," "Indemnification," "Applicable Law and Jurisdiction" and "User Content and Conduct" sections of these Terms of Service.
Design Files LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Except as otherwise expressly stated in these Terms of Service, you agree that Design Files LLC Parties shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Website.
Warranties, Disclaimers and Limitations of Liability
You expressly understand and agree that:
Your use of the website is at your sole risk. The website and the materials contained herein are provided on an "as is" and "as available" basis. Except as otherwise expressly provided in these terms of service, Design Files LLC, its parent, subsidiary and other affiliated companies, and their respective officers, directors, employees and other representatives (collectively, the " Design Files LLC parties"), expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the generality of the foregoing, the Design Files LLC parties make no warranty that: (i) the website will meet your requirements; (ii) the website will be uninterrupted, timely, secure, or error-free; (iii) information that may be obtained will be accurate or reliable; (iv) the quality of any products, services, information, or other material obtained by you through the website will meet your expectations or needs; and (v) any errors in the website will be corrected.
All products and services purchased on or through the website are subject only to any applicable warranties of their respective manufacturers, distributors and/or suppliers, if any. To the fullest extent permissible by applicable law, the Design Files LLC parties disclaim all warranties of any kind, either express or implied, including, any implied warranties, with respect to the products and services listed or purchased on or through the website. Without limiting the generality of the foregoing, the Design Files LLC parties expressly disclaim all liability for product defect or failure, claims that are due to normal wear, product misuse, abuse, product modification, improper product selection and non-compliance with any printed directions.
The Design Files LLC parties shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use the website, including any liability: (i) as a publisher of information; (ii) as a reseller of any products or services; (iii) for any incorrect or inaccurate information; (iv) for any unauthorized access to or disclosure of your transmissions or data; (v) for statements or conduct of any third party on the website; or (vi) for any other matter relating to this website or any third party website. This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if an individual advises of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between Design Files LLC and you. The products, information and services offered on and through the website would not be provided without such limitations.
Notwithstanding the foregoing, the sole and entire maximum liability of the Design Files LLC parties for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the amount paid by you for any product, information or service purchased by you from Design Files LLC on this website.
Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.
You agree to indemnify, defend and hold harmless the Design Files LLC parties against all claims, demands, causes of action, losses, expenses, damages and costs (including any reasonable attorneys' fees), resulting or arising from or relating to your use of or conduct at the Website, any activity related to your account by you or any other person, any material that you submit to, post on or transmit through the Website, your breach of these Terms of Service, your infringement or violation of any rights of another, or termination of your access to the Website.
Applicable Law and Jurisdiction
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York in the United States, without regard to its choice of law provisions. You agree to submit to personal jurisdiction in the State of New York and further agree that any cause of action arising from or relating to the use of the Website or these Terms of Service shall be brought exclusively in the Federal or State Courts residing in New York, New York.
To the fullest extent of the law, you agree that any claim of cause of action arising from or relating to use of the Website or these Terms of Service must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
These Terms of Service constitute the entire and only Terms of Service between Design Files LLC and each user of the Website with respect to the subject matter of these Terms of Service.
If any provision of these Terms of Service be deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.
The failure of the Design Files LLC parties to insist upon strict adherence to any term of these Terms of Service shall not constitute a waiver of such term and shall not be considered a waiver or limit that party's right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Service.