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General
The Design Mile will provide space on our web site for your artwork and personal profile. Every picture/image of each artwork will be viewed in several different sizes on our web site. The Design Mile will not use any of the materials you provide for any purpose other than publication on The Design Mile web site and on the web sites of our affiliates and partners, without prior approval from you.
THE DESIGN MILE may modify these Terms and Conditions from time to time and at any time, such modifications to take effect immediately upon the posting thereof on the Site. The terms of this Agreement are severable to the extent any term is deemed invalid, illegal, or unenforceable.
The failure of THE DESIGN MILE to enforce any term or condition of these Terms and Conditions shall not be deemed a waiver thereof and shall not prevent its later enforcement.
These Terms and Conditions are governed by the laws of the State of Massachusetts, without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms and Conditions shall lie exclusively with the state and federal courts located within Massachusetts. You expressly consent to service of process in any such action by regular mail or by any other means provided by law. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
Terms Of Use/Legal Disclaimer
Welcome to the Web site (the "Site") for THE DESIGN MILE . By accessing and/or using the Site, you agree to follow and be bound by the terms and conditions set forth below (the "Terms and Conditions") as well as our privacy policy ("Privacy Policy"). Please read these Terms and Conditions and the Privacy Policy carefully. If you do not accept the Terms and Conditions and Privacy Policy, we do not permit your use of and access to the Site. If you visit the Site, you accept these conditions. These Terms and Conditions may have changed since the last time you visited the Site. Please review these Terms and Conditions frequently so that you will be familiar with any changes to the Site. Any breach by you of any of the Terms and Conditions will automatically terminate your permission from THE DESIGN MILE to access and use the Site and/or the Content.
We make no express or implied warranties or representations with respect to e-commerce. In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. We will not be liable for indirect, special, or consequential damages or any loss of revenue, profits, or artwork arising in connection with this e-commerce program, even if we have been advised of the possibility of such damages.
Term/Termination
The term of the Agreement is month to month beginning from the date of acceptance by The Design Mile . This Agreement shall automatically renew for additional one-month terms until terminated. Either party may terminate this Agreement by giving thirty (30) days written notice to the other; provided, however, that The Design Mile shall not be obligated to display your artwork or related information on our web site at any time when you are delinquent in any amount due under this Agreement, or have not provided the information we require.
The Design Mile may, at any time, revoke an artists' membership if, in The Design Mile 's sole determination, the artist has referred or depicted The Design Mile in a manner that would disparage, embarrass or ridicule The Design Mile , its business, its employees, or any of The Design Mile 's other subscribing artists, or otherwise misrepresent The Design Mile , its products, or its other subscribing artists or their artwork.
Survival of Rights and Obligations. The provisions and the respective rights and obligations of the parties relating to sales made prior to the termination of this Agreement shall survive termination or expiration of this Agreement.
Disclaimer of Warranties; "AS IS"
The materials provided on the Site, including but not limited to all text, graphics, designs, images, logos and programming (collectively, the "Content"), are for informational purposes only and are not intended as, nor should such materials be substituted for, professional advice of any kind. Because many of the topics covered on the Site are, among other things, complex or fast changing, or vary depending upon circumstances, the Site and the Content may contain dated, inaccurate or incomplete information and should not be relied upon as error-free or comprehensive.
THE SITE AND CONTENT ARE PROVIDED "AS IS" AND THE DESIGN MILE HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT THERETO INCLUDING WITHOUT LIMITATION ANY WARRANTY OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, INTEGRATION, AVAILABILITY, USEFULNESS, SUITABILITY AND/OR ANY OTHER WARRANTIES THAT MAY POTENTIALLY RELATE TO THE SITE OR THE CONTENT.
With respect to each and every piece of artwork you submit to The Design Mile , you represent and warrant that:
a) You are the sole artist and/or author of the artwork and own all original rights to it.
b) You have the right to enter into this Agreement and grant to The Design Mile permission to publish, advertise and market your artwork over the Internet and on The Design Mile’s web site.
c) The publication, advertisement and sale of the artwork, and the publication of all related information you submit to The Design Mile , does not violate the rights of, or any agreement involving, any other person or entity.
d) Nothing in the artwork, or in the research or preparation of the artwork, violated or will violate any law, or infringed or will infringe the copyright or trademark or any other right of any person or entity.
e) All information you have provided to The Design Mile (including, without limitation, the information regarding prints and art multiples) is true and accurate.
Limitation Of Liability
THE DESIGN MILE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION, RESULTING FROM THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE DESIGN MILE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER OR NOT ANY REMEDY AVAILABLE TO YOU FAILS OF ITS ESSENTIAL PURPOSE.
Third Party Content
The Site may from time to time display the content, services, products or hyperlinks of other companies or persons. Notwithstanding the presentation of any third party information on the Site, no such presentation shall be considered an endorsement, representation or warranty, either express or implied, by THE DESIGN MILE on behalf of or any third party. In addition, THE DESIGN MILE does not endorse, warrant or otherwise guarantee the substance of any information or services provided by third parties. THE DESIGN MILE shall have no liability or responsibility whatsoever for the content, subject matter or substance of any information accessed or obtained from third party Web sites accessed from the Site or Web sites that have links to the Site. Access to third party Web sites from the Site is done at your own risk.
Authorized Uses
The Site and the Content shall only be used by you in connection with your direct personal use of the Site as permitted by these Terms and Conditions. Your use of the Site and/or the Content is also subject to the following restrictions and conditions:
You may not use the Content or the Site for any purpose other than informational.
You may not send unsolicited commercial email to the email addresses provided on the Site. In addition, spam, chain emails, advertising solicitations and similar email solicitations are expressly prohibited.
You may not redistribute, retransmit, republish, copy, duplicate, download or otherwise use or exploit any of the Content on the Site except for purposes permitted by these Terms and Conditions.
You may not use the Site or the Content in any manner inconsistent with or in violation of any applicable laws or regulations.
You may not delete, modify or attempt to change or alter any of the Content on the Site.
You may not use any device, software or routine that interferes with the proper functioning of the Site or take any other action that interferes with other parties' use of the Site.
You may not use any "robot", "spider" or other automatic or manual device or process for the purpose of compiling information on the Site for purposes other than for a generally available search engine.
You may not, without express written authority from THE DESIGN MILE , provide access to the Site through any hyperlink or other link from any other Web site nor may you frame the Site within or as a portion of any other Web site or page.
Any information sent to THE DESIGN MILE via email is not secure and is sent on a non-confidential basis.
Indemnification
You hereby accept full responsibility for the publication of your artwork (and all related information you provide to The Design Mile) on our web site. You further agree to indemnify, defend and hold harmless The Design Mile and its officers, directors, shareholders and employees, from any and all liability, claims, demands, cause of actions losses, costs, expenses and damages, including but not limited to, attorneys fees and costs of suit arising from or relating to the publication and sale of your artwork on our web site, or for breach of any of the representations or warranties.
This indemnity agreement and the representations and warranties you make above shall survive the completion and/or termination of this Agreement.
Intellectual Property Rights
The Site (including the "look and feel" of the Site) and the Content are the property of THE DESIGN MILE, or of third parties, and are protected by U.S. copyright and international treaties. You may not reproduce, modify, display, sell or distribute the Content, or use it in any other way for public or commercial purposes. All product names, names of services, trademarks, service marks and copyrights ("Rights") are the property of THE DESIGN MILE, or the property of their respective owners. You may not use the Rights for any purpose whatsoever.
Contact Information
You may not enter your personal contact information anywhere in your profile except in the "Contact Information" field of your artist profile. Entering Contact information into the "Biography," "Artist Statement," or any other field other than "Contact Information" of the artist profile will be grounds for revocation of your The Design Mile membership.
Privacy Policy
As a user of this Web site (the "Site"), you may provide personal information to THE DESIGN MILE . ("THE DESIGN MILE"). This notice (the "Privacy Policy") summarizes our policies and practices with respect to such personal information. THE DESIGN MILE reserves the right to change or update this Privacy from time to time and at any time. Please also see our Terms and Conditions page for other provisions pertaining to your use of the Site.
Information Collected
THE DESIGN MILE may collect non public personal information about you during your use of the site. THE DESIGN MILE may use such information in order to customize the advertising and content you see, to fulfill your requests for certain products and services and to contact you about specials and new products. We do not sell, rent, license or exchange personally identifiable information with a third party without your permission, except as provided herein. Some of your information may be shared on an aggregate basis only, as a part of a larger set of statistics, but that information will not be sufficient to permit the recipient to identify you. No personally identifiable information will be shared with non-affiliated third parties without your permission, unless THE DESIGN MILE is required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms and Conditions; (c) respond to claims that any of the information you transmit violates the rights of any third party; or (d) protect the rights, property, or personal safety of THE DESIGN MILE, its users or the public.
Your Responsibilities
1. Once your images are up on The Design Mile site, you must check the images for accuracy (color, clearness, etc.) and notify us immediately of any changes The Design Mile needs to make. If you do not check your images, you will be responsible for the shipping costs of any returns due to accuracy issues.
2. If you will be on vacation or will otherwise be unable to receive e-mail or ship art for a limited period of time, it is your responsibility to notify The Design Mile at least one week in advance of departure.
Modification
We may modify any of the terms and conditions of this Agreement, at any time and in our sole discretion, by notifying you through posting the new Agreement on our web site, through e-mail or other method of communication. If any modification is unacceptable to you, your only remedy is to terminate this Agreement. Your continued participation following our communication to you of the modification will be taken as your agreement to the modification.
Any notice under this Agreement shall be effective on the date it is personally delivered to the other party, one (1) day after sending the notice to the other party’s e-mail address, or five (5) days after the date of mailing (postage prepaid) to the other party’s last known address
This Agreement shall be binding upon the parties’ successors, heirs and assigns.
Right to Refuse and Reject Artwork
The Design Mile reserves the right to refuse and reject any artwork that it believes may violate existing laws, or cause harm to, damage, or unreasonably offend any entity, group or person. If for any reason your artwork is rejected, all materials will be returned to you.
Other Web Sites and Links
The Site may contain links to other Web sites. The privacy practices of those Web sites are not covered by this Privacy Policy and THE DESIGN MILE is not responsible for the privacy practices or content of such Web sites.
If you do not agree with this Privacy Policy, please exit the Site now.
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