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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

BY VIEWING, VISITING AND USING THIS WEBSITE, INCLUDING ALL CONTENT AVAILABLE THROUGH THE DESIGNFILES.CO DOMAIN NAME, YOU SIGNIFY YOUR ASSENT TO THE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF DESIGNFILE'S PRIVACY POLICY WHICH ARE MADE PART OF THE TERMS OF SERVICE BY REFERENCE. Additionally, by using the Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
If you do not agree to any of these terms, then please do not use the DesignFiles Website.

Content

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:

If you choose a username that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our sites, deny you access to our sites, or any combination of these actions.

3. User Submissions Claims of Copyright Infringement

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:

Claims can be emailed to sheilah@designfiles.co

Content Linked to by DesignFiles

The Website may contain links to third party websites that are not owned or controlled by DesignFiles. DesignFiles has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. The items, sets and boards that appear on the DesignFiles Website are created by automated machinery and computers, and DesignFiles cannot and does not screen the source sites or content before displaying them on the Website. An item, set or board may provide links and/or display images of sites and/or content that some people find objectionable, inappropriate, or offensive. We assume no responsibility for the content of any site linked to by DesignFiles. By using the Website, you expressly relieve DesignFiles from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the DesignFiles Website and to read the terms and conditions and privacy policy of each other website that you visit.

Redistribution

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 sheilah@designfiles.co

Disclaimer of Warranties

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

DesignFiles reserves the right to modify or terminate our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to you, any other user or any third party. We reserve the right to change, modify, add or remove portions of these Terms of Service from time to time without notice. It is your responsibility to check these Terms of Use periodically for changes.Your continued use of the Website following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, DesignFiles grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.