Terms and Conditions
DesignFiles.co (the "DesignFiles Website", or "Website") is owned and operated by Olioboard.com Interactive Inc. (hereafter "Olioboard", "we", "our", or "us"). "You" or "your" means an adult user of the Website acting independently or as parent or guardian for any minor whom you allow to access the Service and for whom you will be held strictly responsible. DesignFiles does not accept membership registrations from users who are under 13 years of age. By registering with DesignFiles, you represent that you are at least 13 years old.Your Acceptance
If you do not agree to any of these terms, then please do not use the DesignFiles Website.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to DesignFiles, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Service, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without DesignFiles’ express prior written consent.1. Accounts, Passwords and Security
In order to access some features of the Website, you will have to create an account.You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential.
You may never use another's account without permission. If we request registration information from you, you must provide us with true, accurate, current, and complete information. You must promptly update your registration to keep it accurate, current, and complete. You may not use anyone else's password. You are responsible for maintaining the confidentiality of your accounts and passwords. You agree to notify DesignFiles immediately of any unauthorized use of your account or password, or any other breach of security. You also acknowledge that failure to exit from your accounts at the end of each session may result in unauthorized use of your accounts. DesignFiles will not be responsible for any loss or damage that may result if you fail to comply with these requirements. You may be held liable for losses incurred by DesignFiles or any other user of or visitor to the Website due to someone else using your DesignFiles ID, password or account as a result of your failing to keep your account information secure and confidential.2. Use and Prohibited Use
You agree not to use or launch any automated system, including without limitation, "robots", "spiders", "offline readers", or other similar or equivalent manual process, that accesses the Website in a manner that sends more request messages to the DesignFiles servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, DesignFiles grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. DesignFiles reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes.
The technology and the software underlying our sites and the Services is the property of DesignFiles. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our sites or the Services. You agree not to modify the software underlying our sites in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our sites.
You agree that you will not use the Website to take any of the following actions:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal right of others;
- Publish, post, upload, e-mail, distribute, or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
- Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another person's computer, our sites, any software or hardware, or telecommunications equipment;
- Advertise or offer to sell any goods or services for any commercial purpose unless you have our written consent to do so;
- Transmit surveys, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters;
- Download any file that you know or reasonably should know cannot be legally obtained in such manner;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material;
- Restrict or inhibit any other user from using and enjoying any public area within our sites;
- Collect or store personal information about other end users;
- Interfere with or disrupt our sites, servers, or networks;
- Impersonate any person or entity, including, but not limited to, a DesignFiles representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our sites;
- Take any action that imposes an unreasonably or disproportionately large load on our infrastructure;
- Engage in any illegal activities.
- The DesignFiles Website may now or in the future permit the submission of photo or other content submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, DesignFiles does not guarantee any confidentiality with respect to any submissions.
- You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize DesignFiles to use all patent, trade dress, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
- DesignFiles does not claim ownership of User Submissions. However, with respect to User Submissions or content you make available for inclusion on publicly accessible areas of the Service, you grant DesignFiles worldwide, royalty-free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the Service in connection with the DesignFiles Website and DesignFiles (and its successor's) business, including without limitation for promoting and redistributing part or all of the DesignFiles Website (and derivative works thereof) in any media formats and through any media channels
In connection with User Submissions, you further agree that you will not:
- submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant DesignFiles all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage DesignFiles or any third party;
- submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
- post advertisements or solicitations of business;
- impersonate another person.
- DesignFiles does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and DesignFiles expressly disclaims any and all liability in connection with User Submissions. DesignFiles does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and DesignFiles will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. DesignFiles reserves the right to remove Content and User Submissions without prior notice. DesignFiles has the sole and unfettered discretion to terminate your access to its Website for infringement without notice to you. DesignFiles also reserves the sole, discretionary and unfettered right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. DesignFiles may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
- The images referenced, made accessible or made available to you on these pages or by means of the DesignFiles Service are protected by the copyright and trademark laws of Canada and other countries. You may need to obtain authorization of the owner of such materials before using them for any purpose other than viewing on the web. For authorizations to use an image, please contact the image owner as indicated on the source site, not DesignFiles. DesignFiles cannot give you authorization to use the copyrighted images. We cannot guarantee that the DesignFiles Service will not locate unintended or objectionable content and DesignFiles accepts no responsibility or liability for the content of any site included in any DesignFiles item, set or board, or otherwise linked to by the DesignFiles services, or for your use of such content. DesignFiles reserves the right to remove any pictures or content without notice to you, any other user, or any third party.
- You understand that when using the DesignFiles Website, you will be exposed to User Submissions from a variety of sources, and that DesignFiles is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against DesignFiles with respect thereto, and agree to indemnify and hold DesignFiles, its Owners/Operators, affiliates, and/or licensers, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
DesignFiles respects the intellectual property rights of others, and we ask our users to do the same. DesignFiles may, in its sole discretion, terminate the accounts of users who violate others’ intellectual property rights. If you believe that your work has been copied in a way that constitutes infringement on DesignFiles web site, please provide the following information to the addressee below:
- a physical or electronic signature of the copyright owner or the person authorized to act on its behalf
- a description of the copyrighted work claimed to have been infringed;
- a description of the infringing material and information reasonably sufficient to permit DesignFiles to locate the material;
- your contact information, including your address, telephone number, and email;
- a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You may display images of mood boards from the Website on other websites for non-commercial use, provided that you do so with the embed code provided by DesignFiles. You must not alter DesignFiles embed code in any way. You must not distribute any content from the Website without written consent from DesignFiles otherwise. Images on the Website are intellectual property of copyright owner and must not be used for commercial use without permission from the owner. Additionally, if you want to make commercial use of the DesignFiles Service, you must enter into an agreement with DesignFiles to do so in advance.Rights and Permissions
If you have any questions concerning the usage or licensing of DesignFiles copyrighted materials (exclusive of User Submissions) please submit your detailed request in writing. Please be sure to include any surrounding copy or text to the DesignFiles material.
Marketing or advertising requests (which may include promotions/givewaways, sponsorship, product placement and partnership requests) may be emailed to firstname.lastname@example.org
DesignFiles disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the DESIGNFILES SERVICE pages. DesignFiles disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. DesignFiles disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the DESIGNFILES SERVICE.
THE DESIGNFILES SERVICE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE DESIGNFILES SERVICE ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. DESIGNFILES AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. DESIGNFILES AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE DESIGNFILES SERVICES. DESIGNFILES AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE DESIGNFILES SERVICES. DESIGNFILES AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE DESIGNFILES SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE DESIGNFILES SERVICE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE DESIGNFILES SERVICE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE DESIGNFILES SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL DESIGNFILES OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE DESIGNFILES SERVICE. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF DESIGNFILES OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE DESIGNFILES SERVICE, FROM INABILITY TO USE THE DESIGNFILES SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE DESIGNFILES SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE DESIGNFILES SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE DESIGNFILES SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE DESIGNFILES SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE DESIGNFILES SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE DESIGNFILES SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE DESIGNFILES SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Without limiting the foregoing, under no circumstances shall DesignFiles or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.Miscellaneous Provisions
These Terms of Service will be governed by and construed in accordance with the laws of the Province of Ontario, without giving effect to its conflict of laws provisions or your actual state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by DesignFiles.Changes in DesignFiles’ Terms and Conditions