Effective Date: January 1, 2014
iDesign Street reserves the right to add, delete and/or modify any of the terms and conditions contained in this WTU Agreement, at any time and in its sole discretion. Any change notice or new agreement will be posted publicly on the iDesign Street website (as further defined below, “Website”), and/or through use of email, newsletters, and/or other electronic message systems. If any modification is unacceptable to you, your only recourse is to not use the Website and the iDesign Street Service. Your continued use of the iDesign Street Website following posting of a change notice or new WTUA on the iDesign Street Website will constitute binding acceptance of the changes. By using the Website in any manner, including but not limited to visiting or browsing the Website, you (the “user” or “you”) agree to be bound by this WTUA, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This WTUA applies to all users of the Website, including without limitation users who are vendors, customers, storekeepers, merchants, affiliates, contributors of content, information, and other materials or services on the Website.
Table of Contents
- The iDesign Street Service
- Use of the Website and iDesign Street Service; Eligibility
- Access and Interference
- Advertising Policy
- Coupon Policy
- Registration and Passwords
- Changing/Modifying Your Account
- Intellectual Property Rights
- Third Party Copyrights
- Links to Other Websites; Framing this Website
- Comments and Submissions
- Disclaimers and Exclusions
- Limitations of Liability
- Entire WTU Agreement; Interpretation
- Governing Law and Venue
- Term; Termination
- Electronic Communications
- Contact Information
The iDesign Street Service. iDesign Street provides a number of Internet-based services through the Website (all such services, collectively, the “iDesign Street Service” or “Service”). One such service enables users to purchase and/or create customized products, including without limitation, apparel, drink-ware, home accents, prints, stickers, buttons, magnets, stationary and accessories (collectively, “Products”). iDesign Street users may: (i) purchase Products with designs created by other users, (ii) create and purchase individual Products for their own use, (iii) create and sell Products through the iDesign Street Service, (iv) become affiliates and set up external websites that assist in the sales of iDesign Street Products, or (v) any combination of the preceding. Users who would like to sell Products through the iDesign Street Service must enter into the Affiliate and Storekeeper Terms of Service and the Design/Content Owner Agreement; such users are known as “Storekeepers”. Users who would like to assist in the selling of Products through the iDesign Street Service must enter into the Affiliate and Storekeeper Terms of Service and the Affiliate Operating Agreement; such users are known as “Affiliates”. iDesign Street may offer a number of other services on its Website, including without limitation, message boards, contests, and newsletters, which may change from time to time.
2.1.1 Use of the Website. iDesign Street hopes you enjoy the Website and use it safely and constructively. Your use of the Website does not entitle you to continue to use the Website. Your use of the Website is at the sole discretion of iDesign Street, which may deny you further use of the Website at any time, for any reason, with or without cause. You may only use the iDesign Street Service as expressly permitted by iDesign Street. You may not cause harm to the Website or the iDesign Street Service.
2.1.2 Eligibility. iDesign Street services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you may submit is accurate and truthful. iDesign Street may, in its sole discretion, refuse to offer access to or use of the Website to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Website is revoked in such jurisdictions.
2.1.3 Age Requirements. Individuals under the age of 18 must at all times use iDesign Street’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
2.2 Compliance with WTUA and Applicable Law. You must comply with all of the terms and conditions of this WTUA, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the iDesign Street Service and the Website. In particular, but without limitation, you agree and represent to not:
- upload, post, e-mail, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable, or harasses or advocates harassment of another person, or promotes information that you know is false, misleading, or promotes illegal activities;
- impersonate any person or entity, including, but not limited to, an iDesign Street official or employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- upload, post, e-mail, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party;
- upload, post, e-mail, or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software, network, hardware, or telecommunications equipment;
- upload, post, e-mail, or otherwise transmit any content that involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
- falsify or delete any copyright management information, such as author attributions, legal or other proper notices, proprietary designations, or labels of the origin, or source of any material included on or uploaded to the Website;
- solicit passwords or personal identifying information from other users for commercial, unauthorized, or unlawful purposes;
- copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code (except and solely to the extent required to be permitted under law) or technology used to provide the iDesign Street Service;
- sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the software contained in or other intellectual property included on the Website;
- use a robot, spider, or other device, or any automatic or manual process to monitor the activity on or copy pages from the Website or the content contained herein, except in the operation or use of internet “search engines”, hit counters, or similar technology, without our prior expressed written permission;
- collect electronic mail addresses or other information from third parties by using the iDesign Street Service;
- use any meta tags, search terms, key terms, or any other “hidden text” utilizing iDesign Street’s name or trademarks without the express written consent of iDesign Street;
- engage in any activity that interferes with another user’s ability to use or enjoy the iDesign Street Service;
- any action that imposes an unreasonable or disproportionately large load on our or our host’s infrastructure;
- assist or encourage any third party in engaging in any activity prohibited by this WTUA; or
- do any other act which is otherwise inappropriate for the Website, in iDesign Street’s sole judgment.
2.3 Your License to Use the Web Website and the iDesign Street Service.
2.3.1 Intellectual Property Rights. iDesign Street solely and exclusively owns all intellectual property and other rights, title and interest in and to the iDesign Street Service and Website, except as expressly provided for in this WTUA. For example and without limitation, iDesign Street owns the trademarks and servicemarks for iDesign Street, iDesign St., iDesignSt.com, and iDesignStreet.com; the copyrights in and to the Website, and certain technology used in providing the iDesign Street Service. You will not acquire any right, title or interest therein under this WTUA or otherwise to any intellectual property owned by iDesign Street.
2.3.2 Limited License. iDesign Street grants you a limited revocable license to access and use the Website and the iDesign Street Service for its intended purposes, subject to your compliance with this WTUA. This license does not include the right to collect or use information contained on the Website for purposes prohibited by iDesign Street; to compete with iDesign Street; to create derivative works based on the content of the Website; or download or copy the Website (other than page caching). If you use the Website in a manner that exceeds the scope of this license or you breach this WTUA, iDesign Street may revoke the license granted to you.
2.3.3 Exclusions. Sections 2.3.1 and 2.3.2 exclude and do not pertain to your intellectual property rights.
3.1 Restrictions of Access. Systematic retrieval of data from this Website to create or compile directly or indirectly, in whole or in part, a collection, compilation, database, or directory without the express written permission of iDesign Street is strictly prohibited. You agree that you will not use any device, software, or routine to bypass any code which may be included to prevent you from breaching the obligations in this WTUA or to interfere or attempt to interfere with the proper working of the Website.
3.2 Scraping. You may not engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, catalogs of images, or other lists or information from this Website, in any manner or in any quantities not authorized by iDesign Street.
3.3 Framing. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of iDesign Street or its affiliates without prior express written consent (Affiliates and Storekeepers should refer to their respective Agreements and Terms of Service for additional information on Framing).
4. Advertising Policy
If you would like to receive periodic iDesign Street and iDesign Street Store emails and/or newsletters, please register as an iDesign Street Member and update your profile and opt-in options.
5. Coupon Policy
iDesign Street coupons are available in the iDesign Street mobile app and via the iDesign Street email and newsletter program. If you are not already receiving coupons via these methods, please visit iDesign Street.com and register as an iDesign Street Member to receive discounts and coupons. Coupons and discounts may be restricted to certain dates, stores, and/or products. Any such conditions on their use will be explained in a disclaimer with the coupon or discount advertisement. Please check coupons and advertisements received for applicable exclusions. Limit one coupon per customer per day; no combining offers. Not applicable to prior purchases. Limited to stock on hand, where applicable. Void where prohibited.
6. Registration and Passwords
6.1 Registration. Registering as an iDesign Street Member, Affiliate, or Storekeeper (“Account”) with the Website provides you many benefits. When you register with our Website, we will remember your information for future use. This makes your experience on our Website easier and more convenient. When you use the Website and sign in, you have easy access to your order status. When you register, we also ask you to enter a Login ID. If you forget your Login ID, we can send a Login ID retrieval message to the email address listed in your profile.
6.2 Passwords. When you register, you will be asked to select a password. You will be solely and exclusively responsible for keeping your password confidential, including, without limitation, any use by any third party. If you forget your password, iDesign Street cannot provide you with your password, but we can send a password reset message to the email address listed in your profile. You may use that one-time use reset password to access your account and select a new password. You must notify us immediately if you believe your password has been, or may have been, obtained, or used by any unauthorized person or entity. In addition, you must notify us immediately if you become aware of any other breach or attempted breach of the security of your account or the iDesign Street Service.
6.3 Mailing Lists. When you register, or when updating your registration profile, you have the option to join the iDesign Street mailing list. By opting to join the mailing list, you will receive notifications of events, sales, and other important and useful information. You may change your password or any other personal information you have previously provided to iDesign Street by going to your Member Page and editing that information.
6.4 True and Accurate Information. In consideration of your use of the Website as a registered user, you agree to: (i) provide true, accurate, current, and complete information about yourself as prompted by the Website’s registration form, and (ii) maintain and promptly update the registration information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or iDesign Street has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, iDesign Street has the right to suspend or terminate your account and refuse any and all current or future use of the Website, or any portion thereof.
7. Changing/Modifying Your Account
We make it easy for you to update your registration profile, your Website password, and other similar items. You may edit your account information by going to your Member Information Page. Affiliates and Storekeepers have additional information pages that they may edit as needed.
8. Intellectual Property Rights
The Website is protected by copyright, trademark, trade dress, and other intellectual property rights.
- iDesign Street grants you a personal, revocable, nontransferable, and non-exclusive right and license to use the object code of the Website on a single computer provided that you do not (and do not allow any third party to) violate any of the conditions in Section 2.2 above.
- iDesign Street, the iDesign Street logo, iDesign Street.com, the iDesign Street.com logo, and other trademarks, service marks, logos, product names and service names (collectively, the “Marks”) are owned or licensed by iDesign Street. You agree not to copy, display, or otherwise use any of the Marks without the prior written permission of iDesign Street. Affiliates and Storekeepers have additional agreements that supplement and modify this, refer to those agreements for further details.
- You may not utilize the Website design or layout. Page headers, custom graphics, button icons, scripts and other elements of the Website are service marks, trademarks, and/or trade dress of iDesign Street may not be copied, imitated, or used, in whole or in part, without the prior written permission of iDesign Street. Affiliates and Storekeepers have additional agreements that supplement and modify this, refer to those agreements for further details.
- The entire Website, and all object code and source code associated therewith, are copyright © 2014 iDesign Street. All rights reserved. The arrangement and compilation of all content on this Website are the exclusive property of iDesign Street and are protected by U.S. and international copyright laws. All software used on this Website is the property of iDesign Street or its software licensors and is protected by United States and international copyright laws.
- No part of this Website may be reproduced, used, or appropriated in any manner for any purpose without the express written consent of iDesign Street. Affiliates and Storekeepers have additional agreements that supplement and modify this, refer to those agreements for further details.
9. Third Party Copyrights
9.1 Copyrights. iDesign Street respects the intellectual property of authors and creators of images and other content and we ask our customers to do the same. A copyright exists in almost all images, artwork, and text on the Website. Copyright gives its owner the exclusive right to make copies, publicly distribute copies, publicly display the work, and prepare other works based on the original. Federal law provides both civil and criminal penalties for violation of copyright. iDesign Street and its customers are each subject to the copyright laws.
9.2 Your Designs/Content. You represent and warrant that you possess all necessary rights to use the Designs or Content that you submit to iDesign Street, whether physically or through the Website, and that use of such content does not violate the foregoing. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that you submit to us. By submitting content, you automatically grant, or warrant that the owner of such content has expressly granted, a royalty-free, perpetual, irrevocable right and license to use the content in any manner that iDesign Street deems appropriate, in our sole and exclusive discretion. Affiliates and Storekeepers have additional agreements that supplement and modify this section, please refer to those agreements for relevant details.
If you have any questions regarding Copyright Law, you should consult a lawyer who specializes in that field.
10. Links to Other Websites; Framing this Website
10.1 Third-Party Links. The Website may contain links to third-party websites. Such third-party websites are not under the control of iDesign Street. Please note that iDesign Street is not responsible for the accuracy or content of websites of other providers, even if a link has been provided from this Website. Accordingly, iDesign Street can neither make a representation concerning the content of these sites to you nor can the fact that iDesign Street has provided this link serve as an endorsement by iDesign Street of that or any other site. In creating hypertext links to any other website, iDesign Street is not recommending that website or giving any assurances as to its standing. iDesign Street is providing this link only as a convenience to you. The inclusion of these links is not intended to reflect their importance, nor is it intended to endorse any views expressed, or products or services offered, on these outside sites, or the organizations sponsoring the sites. iDesign Street makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites or the contents of the outside sites. If you decide to access linked third-party websites, you do so at your own risk.
10.2 Framing. You may not frame or utilize framing techniques to enclose any portion of this Website (including any image found on this Website, any trademark, logo, or other proprietary information or any text or the layout/design of any page or form contained on this Website) without prior express written consent. Affiliates and Storekeepers have additional agreements that supplement this one, please refer to these agreements for relevant details.
11. Comments and Submissions
11.1 Comments. iDesign Street appreciates your comments, remarks, feedback, suggestions, ideas, and other submissions you disclose or transmit directly to us (collectively, “Your Comments”). iDesign Street is not obligated to keep Your Comments confidential or pay you or anyone else any money or other compensation for Your Comments. Your Comments shall become the property of iDesign Street upon receipt, which means that iDesign Street shall own all right, title, and interest in and to Your Comments.
11.2 Public Postings. Users of the Website are able to make certain comments, reviews, submissions, and messages that are publicly accessible on the Website (collectively, “Public Postings”). When you submit Public Postings, you grant iDesign Street, and all others who access the Public Postings, the worldwide, royalty-free and non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Public Postings (in whole or part) worldwide and/or to incorporate them in other works in any form, media, or technology now known or later developed. iDesign Street shall have the right to use photos or other images you submit to us or post on the Website in marketing materials, advertising, or in any other manner, so long as such images do not include personally identifying text, without securing your additional approval. Affiliates and Storekeepers have additional agreements that supplement and modify this section, please refer to those agreements for relevant details.
11.3 Obligations. iDesign Street has no obligation to monitor postings, however, you acknowledge that iDesign Street has the right (but not the obligation) in their sole discretion to refuse, delete, or move any Public Posting that is made on the Website. In particular, but without limitation, iDesign Street shall have the right to remove any Public Posting that violates this WTUA, applicable law, or is otherwise objectionable as determined by iDesign Street in its sole discretion.
11.4 Claims. You will not bring a claim against iDesign Street based on “moral rights” or the likes arising from iDesign Street’s use of a Public Posting.
11.5 Unsolicited Emails. You understand that if you include your email address in any Public Posting to the Website, that you may receive unsolicited emails for which iDesign Street bears no responsibility.
You agree to defend, indemnify, and hold completely harmless iDesign Street, its subsidiaries, and its officers, directors, shareholders, managers, employees, representatives, affiliates, storekeepers, and agents (“Representatives”) from and against any and all losses, liability, damages, costs, expenses, claim, demand, or action (“Claim”), including reasonable attorneys’ fees, arising from or related to your use of the Website, the materials it contains, any sites linked to this Website, your negligence, breach of this WTUA, or violation of any law or the rights of a third party, including without limitation claims made by any third party due to negligence of iDesign Street. If you have to indemnify iDesign Street under this Section, iDesign Street will have the right to control the defense, settlement, and resolution of any Claim solely as against you and at your sole expense. However, you may not settle or otherwise resolve any Claim without iDesign Street’s express written permission.
13. Disclaimer and Exclusions
13.1 Risk. You expressly understand and agree that:
- Your use of the Website is at your sole risk. The Website is provided on an “as is” and “as available” basis. iDesign Street expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of fitness for a particular purpose, merchantability, non-infringement, quality, performance, non-interference with information, and accuracy of informational content. There is no warranty that information provided hereunder, iDesign Street’ efforts, or the Website will fulfill any of your particular purposes or needs;
- iDesign Street assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Website or any user communications; and
- iDesign Street is not responsible for any incorrect or inaccurate content posted on the Website, whether caused by users of the Website or by any of the equipment or programming associated with or used in the Website.
13.2 Use of Website. iDesign Street makes no warranty that:
- Your use of the Website will be uninterrupted, timely, secure, or error-free;
- The results that may be obtained from the use of the Website will be accurate or reliable;
- The quality of any products, services, information, or other material purchased or obtained by you through the Website will meet your expectations; or
- Any material downloaded from or otherwise obtained through the Website is at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
13.3 Warranty of Use. No information, whether oral or written, obtained by you from iDesign Street or through this Website shall create any warranty. iDesign Street makes no representations or warranties as to the conduct of any individuals who use this Website.
13.4 Application. You agree that the terms of this section shall apply to all content, merchandise, and services available through the Website including, but not limited to, any files you download from the Website.
13.5 Limitations. Some states do not allow limitations on implied warranties so these limitations may not apply to you. You may have other rights which vary from state to state.
14. Limitations of Liability
14.1 Use of Website. In no event shall iDesign Street be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to your use of the Website.
14.2 Problems with Website. You expressly understand and agree that iDesign Street shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if iDesign Street has been advised of the possibility of such damages), resulting from:
- The use or the inability to use the Website;
- Any purchase resulting from your use of the Website;
- Unauthorized access to or alteration of your transmissions or data;
- Statements or conduct of any third party on the Website; or
- Any other matter relating to the Website.
14.3 Third Party. iDesign Street shall not be held liable for any representations on third party sites in relation to the information provided in this Website.
14.4 Application. You agree that the terms of this section shall apply to all content, merchandise, and services available through the Website including, but not limited to, any files downloaded from the Website or merchandise ordered as a result of interactions with the Website.
14.5 Dissatisfaction. If you are dissatisfied with the Website, or any of the information contained thereon, or refuse to abide by this agreement, your sole and exclusive remedy is to discontinue your use. Notwithstanding the foregoing, iDesign Street’s liability to you shall be limited in all instances to an amount not to exceed $50. You further agree not to join in any lawsuit with another person or serve as a class representative of any class action lawsuit against iDesign Street arising out of the use of the Website.
Because of the dynamic nature of the Internet environment, iDesign Street may update, revise, supplement, modify, or amend this WTUA at any time. Any update, revision, supplementation, modification, or amendment shall be effective immediately upon its posting on the Website. You agree that you will be bound by this WTUA, however and whenever it is updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether you have used or continue to use the Website after the updates, revisions, supplementations, modifications, or amendments.
16.1 Entire WTUA. This WTUA constitutes the entire agreement between you and iDesign Street with respect to your use of the Website as a customer/user and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. Affiliates and Storekeepers have additional Agreements and Terms of Service that supplement this agreement. There are no other representations, warranties, terms, agreements, or conditions, either written or oral, with respect to your use of the Website except as set forth in this WTUA, and you agree that you have not relied on any other representations, warranties, terms, agreements, or conditions. The section headings used herein are for convenience only and shall not be given any legal import.
If any provision of this WTUA, or any of the other iDesign Street Affiliate, Storekeeper, Member, or Sales Agreements, is deemed unlawful, void, voidable or unenforceable for any reason by any court or other tribunal of competent jurisdiction, then such provision(s) shall be reformed without further action by the parties to the extent necessary to make such provision(s) valid and enforceable when applied to such facts or circumstances, with the objective of achieving as nearly as legally possible the same effect.
18. Governing Law and Venue
18.1 Governing Law. This WTUA, the entire relationship between you and iDesign Street, and any litigation or other legal proceeding between you and iDesign Street (whether grounded in tort, contract, statute, law, or equity) shall be governed by and construed in accordance with the laws of the State of New Hampshire, without giving effect to its choice of law rules. Reasonable attorneys’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this WTUA.
18.2 Venue. This contract is fully performable in Hillsborough, New Hampshire. Any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in Hillsborough County, New Hampshire. You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.
19. Term; Termination
19.1 Term. This WTUA will remain in full force and effect while you use the Website.
19.2 Termination. iDesign Street may suspend, limit your access to, or terminate your right to use this Website, with or without cause at any time in its sole discretion, including, without limitation, your violation of this WTUA, failure to provide accurate registration data, and lack of use.
19.3 Survival. In the event of suspension or termination, all representations, warranties, indemnifications, and promises made by you shall survive.
The failure by either party to enforce at any time any of the provisions of this WTUA, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions.
21. Electronic Communications
22. Contact Information
If you have a comment, question, or request, or if you need to contact iDesign Street for any other reason, please contact iDesign Street at iDesign Street, 162 Onset Road, Bennington, NH 03442. Affiliates may contact iDesign Street via email at Affiliates@iDesignStreet.com. Storekeepers may contact iDesign Street via email at Storekeepers@iDesignStreet.com.