FORMatory

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Terms and Conditions of Use

Design Democracy 2008

Terms of Use Agreement

(1) The Website: Designdemocracy08.com (hereinafter "Design Democracy" or "The Website") is a virtual community that allows users to post, share and submit for public viewing and critique original designs, concepts, artistic expressions and other creative materials posted by themselves.

(2) Sponsor: The Website is sponsored by Context Furniture, Context Furniture Manufacturing LLC 104 W 4th Street #304 Royal Oak MI, 48067.

(3) Acceptance: These Terms of Use (hereinafter "Agreement") are a legally binding agreement between you and Sponsor. By creating an account with the Website (each such person a "Member") and/or by accessing the Website for any purpose (each such person a "Guest"), you agree to be bound by this Agreement. By accessing the Website and using the services offered on the Website, you agree to abide by any and all applicable local, state and federal laws and any and all terms as set forth in this Agreement. If you do not agree to any of the terms as set forth in this Agreement, and/or do not agree with any other legal requirements as set forth in the Website, you should leave the Website and discontinue any and all use of the Website. If you wish to become a Member, you must read this Agreement, affirmatively agree to all conditions as set forth herein and agree to abide by any other legal requirements set forth on the Website.

This Agreement will remain in full effect as long as you use the services offered by the Website. Sponsor, in its sole discretion, may terminate the services offered by this Website at any time, and is under no obligation to provide notice of termination to any of its Members and/or Guests.

If any term of this Agreement is held as invalid, such term will not invalidate this Agreement or any other such terms contained herein.

Sponsor, in its sole discretion, reserves the right to modify, revise and/or update this Agreement at any time; and Members and Guests agree to be bound by any such modification, revision or update. Sponsor, in its sole discretion, may attempt to notify you when these changes are made. Regardless, you should periodically review the most recent version of this Agreement in the FAQs section of the website.

(4) Eligibility: The Website is open only to legal residents of the fifty (50) United States, eighteen (18) and older. By registering for the Website, you represent and warrant that you meet the eligibility criteria as set forth above, that the registration information you submit is truthful and accurate and that you will maintain the accuracy of such information with the Website.

(5) Termination of Services: Sponsor, in its sole discretion, may terminate your membership with this Website at any time, for any reason and without advance warning. Members may also terminate their membership with the Website at any time they deem necessary, for any reason, by emailing admin [at] designdemocracy08.com, subject line: TERMINATION.

(6) How to Create an Account: To create an account on the Website (the "Account"), follow the links and instructions at http://www.designdemocracy08.com to be directed to the registration page. Complete and submit the requested fields on the registration page, including a valid email address, username and password. You are solely responsible for ensuring your password remains confidential. You also agree not to use any password, Account or username of a third party. If you suspect un-authorized use of your Account, you must notify Sponsor immediately. Sponsor will not be responsible for any un-authorized use of any Account or the personally identifiable information contained therein. Each Member is solely responsible for any and all use of his/her Account.

(7) Using the Website - Guidelines and Restrictions: By using the Website either as a Member or a Guest, you agree to abide by the following guidelines and restrictions, as set forth below:

Content Guidelines: Content posted on the Website must:

(a) Be either a photo, drawing, CAD or other such supporting graphic file;

(b) Be no larger than 2MB in file size;

(c)Be in the following format JPEG (if Photo);


Content Restrictions:

(a) You will not maliciously and without permission modify, alter or change any part of the Website;

(b) You will not post content that is offensive, obscene, vulgar or content that promotes racism, hatred, bigotry or physical harm of any kind against any group or individual;

(c) You will not post content contains copyrights, trademarks or other intellectual property not owned by yourself, unless you have express permission from the owner of that content;

(d) You will not post any content that furthers or promotes any illegal or prohibited activity;

(e) You will not post any content soliciting personally identifying and/or sensitive information from other Members and/or Guests;

(f) You may not post any content promoting commercial activity of any kind without Sponsor's permission; and

(g) You may not post any information that promotes and/or involves the transmission of junk mail, SPAM, un-wanted instant messaging or anything else that may violate another's privacy rights.

Failure to abide these Guidelines and Restrictions may result in termination of Services, deletion of the infringing content and/or both. Sponsor assumes no liability or responsibility for any content posted, or any responsibility for the conduct of the Member uploading the content. Sponsor claims no ownership rights in any content uploaded to the Website and each Member continues to own and retain any and all ownership rights, including, but not limited to any trademarks or copyrights, to the content. Nonetheless, by uploading the content, you do grant Sponsor a limited license to use, modify, display, reproduce and/or distribute your content on and through the services offered in the Website. Sponsor makes no warranties, either expressed or implied, as to the accuracy and reliability of the Content posted on the Website.

(8) Submissions by Members Outside the Fifty (50) United States: If you are not a legal resident of the fifty (50) United States, by uploading content onto the Website, you represent and warrant that you have obtained the requisite approval from any and all local and national authorities, authorizing you to upload that content and share it with others outside of your jurisdiction of residence.

(9) Copyrights: You may not post any content that contains copyrights, trademarks, patents or other intellectual property belonging to someone other than yourself without receiving prior, express written consent from the owner of that content permitting you to post that content. In the event that infringing content is posted, Sponsor, upon receiving notice of the infringing material, will immediately remove the material. Sponsor may, in its sole discretion, re-post the material on the Website if it believes, in its sole discretion, that the material does not infringe on any copyright, trademark, patent or other intellectual property belonging to someone other than the person uploading the content.

If you believe that your intellectual property has been wrongfully copied and uploaded on the Website, please email badcitizen@designdemocracy08.com, subject line: BADCITIZEN to have the content removed and examined by Sponsor. Complete and submit the request, including (a) a description of the protected work you believe is infringed; (b) a detailed description of where the material you allege is infringing is located; (c) your contact information, including your full legal name, a valid home address (P.O. Boxes not permitted) and an email address; (d) a written statement by you that you, in good faith and under the penalty of perjury, believe that the disputed use is un-authorized by you, the copyright owner, its agent or by law; and (e) an electronic signature, confirming that the above information is accurate and that you are the copyright owner and/or are authorized to act on behalf of the copyright owner. Sponsor is not responsible for any material posted by any of its Members and/or Guests that may infringe any copyright, trademark, patent or other intellectual property interest held by another.

(10). Limitations of Liability: NEITHER SPONSOR, ITS OFFICERS, DIRECTORS, EMPLOYERS, AGENTS, PARTNERS, ADVERTISERS NOR ANY OTHER PARTY AFFILIATED WITH THE WEBSITE SHALL BE RESPONSIBLE TO YOU OR ANY ASSIGNEES, FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTAIL, RESULTING FROM (a) PERSONAL INJURY ARISING OUT OF USE OR MISUSE OF THE WEBSITE OR THE CONTENT POSTED THEREIN; (b) ERRORS, MISTAKES OR INACCURACY OF CONTENT POSTED ON THE WEBSITE; (c) TECHNICAL ERRORS RESULTING IN THE DELETION OF ACCOUNTS, THE DELETION, ALTERATION OR MODIFICATION OF INFORMATION POSTED ON ACCOUNTS AND/OR THE SHARING OF PERSONAL INFORMATION CONTAINED IN ACCOUNTS; (d) ANY UN-AUTHORIZED ACCESS TO OR USE OF SPONSOR'S SERVER AND/OR ANY ALL PERSONAL/FINANCIAL INFORMATION STORED THEREIN; (e) ANY SOFTWARE MALFUNCTIONS, INTERRUPTIONS OR CESSATION OF TRANSMISSION OR SERVICE TO OR FROM SPONSOR'S WEBSITE; (f) ANY BUGS, VIRUSES, BOTS OR THE LIKE WHICH MAY BE TRANSMITTED TO, THROUGH OR FROM THE WEBSITE; OR (g) ANY ERRORS, MISREPRESENTATIONS OR OMISSIONS IN ANY CONTENT UPLOADED, POSTED, SHARED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.

(11). Release: You agree to release and hold harmless Sponsor, its officers, directors, employers, employees, agents, partners, advertisers or any other party affiliated with the Website (the “Released Parties”) from and against any and all personal or financial injury resulting from your use or misuse of the Website and/or any services offered therein. This release will survive this Agreement and your use of the Website.

(12). General Conditions: Sponsor, in its sole discretion, reserves the right to modify and/or terminate the Website at any time, in which event Sponsor will not be responsible for any information lost, modified or deleted. Sponsor reserves the right to seek damages from any person attempting to deliberately undermine the integrity or proper functioning of this Website, or any portion thereof, as such may be a violation of criminal and civil law.

(13). Indemnity: By participating in the Website, you agree to indemnify and hold harmless the Released Parties from and against any and all claims, damages (whether incidental, consequential, indirect, direct or punitive), costs, expenses (including but not limited to attorney's fees and/or debt) arising from: (i) any use of or access to the Website; (ii) any violation, whether willful or innocent, of any term of these Terms; (iii) any violation, whether willful or innocent, of any third party right (including, without limitation, right to any copyright, license, property, or privacy); and/or (iv) any claim that content you uploaded caused damage to a third party.

(14). Disputes: Any and all disputes arising from the use of the Website and the interpretation, validity and construction of these Terms shall be by the laws of the State of Michigan, U.S.A. without regard to the laws and/or jurisdiction of your legal residence. By participating on the Website, you agree that any and all claims and causes of action arising out of your participation in the Website is subject to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of Michigan, Oakland County, without regard to conflict of law provisions and without resort to any form of class action.

(15) Privacy Policy: Your personal information is governed by Sponsor's Privacy Policy, accessible on the FAQs page of the website.