Welcome, and thanks for using bydesignish.com! When you use our products and services, you're agreeing to our terms, so please take a few minutes to read over the Terms of Service below.

Note: You are entering into a legally binding agreement.

DESIGN—ISH STUDIO(referred to hereinafter as “we”, “us”, “our” or the “Service”) services are designed to promote opportunity for our members by enabling you and other professionals to meet, exchange ideas, promote projects, attend events, learn, find opportunities or employees, collaborate, work, and make decisions in a creative community (referred to hereinafter as the “Service”), contains content that is provided as a service to users who agree to abide by the following acceptable conduct terms. Your right to use the Service is governed by these Terms of Service and you should take the time to review this document carefully before you use the Service. By using the Service in any way, you are agreeing to comply with these Terms of Service. We reserve the right to change the Terms of Service at any time and for any reason. Updated versions of the Terms of Service will distributed through the Service and posted to bydesignish.com, and you should visit this page periodically to keep apprised of any changes. By continuing to use the Service after any such change, you accept and agree to the modified Terms of Service. We reserve the right to modify or discontinue, temporarily or permanently, the Service, any features, benefits (including without limitation blocking or terminating your access to the Service), rules or conditions, all without notice, even though such changes may affect the way you use the Service. You agree that we will not be liable to you or any third-party for any modification or discontinuance of the Service. You shall be deemed to have “posted,” as such term is used in these Terms of Service, at the moment you have submitted or any person authorized by you has submitted any postings, ads, messages, advertisements, photos, sounds, images, text, files, video or other materials (collectively “Content”) to be included in the Service.

User Conduct

Without limitation, while using the Service, you shall not:

• Post competitive products, tools, or services as determined in our sole discretion; 

• Post, anywhere on the Service, obscene or lewd and lascivious graphics or photographs which depict genitalia or actual or simulated sexual acts, as determined in our sole discretion;

• Post adult content or explicit adult material; 

• Post any material on the Service that exploits minors in any way; 

• Post any material on the Service that in any way constitutes or assists in human trafficking or any solicitation directly or in “coded” fashion for any illegal service exchanging sexual favors for money or other valuable consideration; 

• Post any ad for products or services, use or sale of which is prohibited by any law or regulation; 

• Send mail, e-mail, voice messages or faxes for solicitation of any other product, or service to a user of the Service unless the user has granted permission in their ad or otherwise allowed contact for solicitation;

• Interfere with or infringe the patents, copyrights, trademarks, service marks, logos, confidential information, intellectual property rights of others, or any other third party rights;

• Use any automated device, spider, robot, crawler, data mining tool, software or routine to access, copy, or download any part of the Service unless expressly permitted by us;

• Send messages or engage in disruptive or damaging activities online, including excessive use of scripts, sound waves, scrolling, or use of viruses, bots, worms, time bombs, Trojan horses or any other destructive element;

• Discriminate on the grounds of race, religion, national origin, gender, disability, age, marital status, sexual orientation, or refers to such matters in any manner prohibited by law;

• Post any employment ads violating the anti-discrimination provisions of the Immigration and Nationality Act or messages which violate any law or regulation;

• Harass, threaten, embarrass or cause distress or discomfort upon another individual or entity or impersonate any other person or entity or otherwise restrict or inhibit any other person from using or enjoying the Service;

• Transmit any information, data, text, files, links, software, chats, communication or other materials that is unlawful, false, misleading, harmful, threatening, abusive, invasive of another's privacy, harassing, defamatory, vulgar, obscene, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation, or encourage the use of controlled substances;

• or Use the Service to engage in or assist another individual or entity to engage in fraudulent, abusive, manipulative or illegal activity.

Use of Materials

Any ads or messages that you post, transmit, or otherwise make available for viewing through the Service will be treated as non-confidential and non-proprietary to you. You understand and agree that any such ads and messages may be used by us or our affiliates, without review or approval by you, for any purpose whatsoever, and in any medium, including our print media, if any. You grant us (and our affiliates) the irrevocable right to use and/or edit your ads and messages, without review or approval by you, for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast, posting, revision and advertising in any media in perpetuity without notice or compensation to you.

Termination of Access

We have the right terminate your access for any reason if we believe you have violated these Terms of Service in any manner. You agree not to hold us liable for such termination, and further agree not to attempt to use the Service after termination.

No Third Party Beneficiaries

You agree that, except as otherwise provided in these Terms of Service, there shall be no third party beneficiaries to these Terms of Service.

Copyright and Trademarks

All materials on the Service, including without limitation, logos, images, text, illustrations, audio and video files are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by or licensed to us or owned by other parties who have posted on the Service. Materials from the Service and from any web site owned, operated, controlled, or licensed by us may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way that violates the rights of others.

In posting content on the Service, you grant us, and our owners and licensees, the right to use, reproduce, distribute, translate, modify, adapt, publicly perform, publicly display, archive and create derivative works from the posted content.

Notification of Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to our Copyright Agent:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; A description of the copyrighted work or other intellectual property that you claim has been infringed; A description of where the material that you claim is infringing is located on the Service; Your name, address, telephone number and e-mail address; A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf

Our copyright agent can be reached as follows:

Design-ish, LLC
amanda@bydesignish.com

We may, under appropriate circumstances and at our own discretion, disable and/or terminate the accounts of users who may be repeat infringers.

Posting of Ads

You understand that each time you post an ad on the Service or otherwise use the Service, you agree to these Terms of Service. By agreeing to these Terms of Service, you acknowledge that we may send you e-mail messages telling you about offers listed on the Service, or related services provided by our affiliates and partners. You understand and agree that such communications are part and parcel of your registration for and use of the Service; if you do not wish to receive further communications from us (or our affiliates and partners), you must cancel your registration by sending a cancellation notice to amanda@bydesignish.com.

Posting of Hosted Ads

You understand that each time you post a hosted ad on the Service or otherwise use the Service, you agree to these Terms of Service. By agreeing to these Terms of Service, you acknowledge that we may send you e-mail messages telling you about offers listed on the Service, or related services provided by our affiliates and partners. You understand and agree that such communications are part and parcel of your registration for and use of the Service; if you do not wish to receive further communications from us (or our affiliates and partners), you must cancel your registration by sending a cancellation notice to amanda@bydesignish.com.

Certain visitors to design—ish studio websites choose to interact with design—ish studio in ways that require design—ish studio to gather personally-identifying information. The amount and type of information that design—ish studio gathers depends on the nature of the interaction. For example, we ask users who create a Hosted Ad to provide an email address for other users to contact them. design—ish studio collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitors interaction with design—ish studio. For example, in the event a user emails the Hosted Ad creator, design—ish studio will hold that communication. design—ish studio does not disclose personally-identifying information or communication with anyone other than employees of design—ish studio. design—ish studio will not rent or sell potentially personally-identifying, personally-identifying information, or communication between users to anyone. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

Advertising

"Advertiser" refers to the client. "Publisher" refers to design—ish studio, Inc. Publisher has the right to use Advertiser's materials, trade names, trademarks and logos as necessary to write and distribute the advertisement. Advertiser agrees that Publisher cannot be held accountable for any results of the campaign(s). Advertiser shall defend, indemnify and hold Publisher and its affiliates harmless against any and all claims, liabilities, costs or expenses (including, but not limited to, reasonable attorneys' fees) incurred by Publisher or its affiliates arising out of any materials provided by Advertiser to Publisher, Advertiser's trade names, trademarks or logos or the publication, display or distribution of any advertising hereunder. Publisher provides all of its advertising services on an "as is" and "as available" basis, without any warranty of any kind and without any guarantee of any results from a campaign. Publisher disclaims any and all warranties of any kind, whether express or implied, including but not limited to the implied warranty of merchantability, non-infringement of third party rights or fitness for a particular purpose, and implied warranties arising from course of dealing or course of performance. In no event shall publisher be liable whether in tort (including negligence) or otherwise for any loss of profits, depletion of goodwill and/or similar losses or for any special, indirect or consequential loss, costs, damages (even if publisher was advised of the possibility of any of the foregoing) or for an amount greater than the amounts received by publisher for the relevant advertisement in relation to which such liability may arise. These Terms and Conditions shall continue in effect for the duration of the campaign(s).

Fees

We may impose a fee on the posting of Content to the Service. Users uploading Content to fee-based areas are responsible for such Content and for compliance with these Terms of Service. Under no circumstances will we provide a refund in the event that Content is removed from fee-based areas for violation of these Terms of Service.

Links

We have no control over and is not responsible for the content of or claims made on websites that may be linked to or from the Service, whether or not they may be affiliated with us. Any websites linked to or from the Service are for your convenience only, and you access them at your own risk.

Release

We assume no responsibility for the accuracy, currency, completeness or usefulness of information, views, opinions or advice in any material contained on the Service. In addition, we do not endorse any opinions or recommendations posted by others. Any information posted on the Service is the responsibility of the person or persons originating the message. Any user who violates these Terms of Service may be permanently banned from posting ads or using the Service. You understand that all Content posted on, transmitted through, or linked from the Service, are solely the responsibility of the person from whom such Content originated. You understand that we do not control, and are not responsible for Content available on the Service. You agree that we do not have the obligation to pre-screen, monitor or approve any Content, but that we shall have the right, but not the obligation to remove, move (including moving an ad or posting to another section or category within the classifieds), refuse, edit or delete any Content for any reason whatsoever. We shall not be responsible for any interaction between you and the other users of the Service. Your dealings with others through the Service are solely between you and such other parties. Under no circumstances will we be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. We are under no obligation to become involved in any disputes between you and other users of the Service or between you and any other third parties.

You agree that our service is a venue for posters and users of the Service. In the event that you have a dispute with any user of the Service, you agree that we are under no obligation to become involved. You further agree to release us from any and all claims, demands, and damages arising out of or in connection with such dispute.

You are entirely responsible and liable for any Content you post or any Content that is posted by any person authorized to use your e-mail account or computer system.

We do not offer any refunds for the early cancellation of paid postings to us. We do not issue credits or refunds due to our extremely low rates and minimal administrative staff.

You acknowledge, consent and agree that we may access, preserve and disclose your contact information and Content you upload, post, or otherwise make available on the Service if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) comply with legal requirements imposed by Federal, State or Local law or authorities (iii) enforce these Terms of Service; (iv) respond to claims that any Content violates the rights of third parties; (v) respond to your requests for customer service; or (vi) protect the rights, property or personal safety of us, our users and the public.

Disclaimer of Warranty for
design—ish studio

You expressly agree that use of the service is at your own risk. design—ish studio shall not be responsible for any content found on these classifieds. design—ish studio expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. design—ish studio makes no warranty that its classifieds or use of the service will be uninterrupted, timely, secure, without defect or error free. The service is provided on an "as is" and "as available" basis.

You acknowledge and agree that any material, and/or data downloaded or otherwise obtained through the use of the service is done 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 and/or data.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

Limitation of Liability

The information, services and products available to you on the Service may contain errors and are subject to periods of interruption. While we do our best to maintain the information, services we offer, we cannot be held responsible for any errors, defects, lost profits or other consequential damages arising from the use of the Service.

In no event shall design—ish studio or its affiliates, owners, agents, members, managers, officers, employees, representatives, sponsors, suppliers, or partners (collectively "indemnified parties") be liable to you or any third party for any direct, indirect, incidental, consequential, punitive, special, exemplary damages, or any damages whatsoever, arising from or in any way connected or relating to (i) the use of (or inability to use), or performance of the Service, (ii) any information, services or products provided through the Service, or (iii) any interaction between you and other participants of the Service, even if any of the indemnified parties has been advised of the possibility of such damages. You accept all responsibility for, and hereby agree to indemnify and hold harmless the indemnified parties from and against, any actions taken by you or by any person authorized to use your e-mail account or computer system, including without limitation, disclosure of passwords to third parties. You further agree to indemnify and hold harmless the indemnified parties from and against any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service, the violation of these Terms of Service by you, or the infringement by you, or by any person authorized to use your e-mail account or computer system, including without limitation, disclosure of passwords to third parties, of any intellectual property or other right of any person or entity. By using the Service, you agree to defend, indemnify and hold harmless the indemnified parties from any and all liability regarding your use of the Service or participation in any activities of the Service. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

If you are dissatisfied with the Service, or any portion thereof, or do not agree with these Terms of Service, your only recourse and exclusive remedy shall be to stop using the Service.

If you are a California resident, you waive any rights you may have under California Civil Code § 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

Jurisdiction and Choice of Law

These Terms of Service shall be governed by, construed and enforced in accordance with the laws of the State of New York without regard to its choice of law provisions. Any action you or any third party may bring to enforce these Terms of Service, or in connection with any matters related to the Service or design—ish studio, shall be brought only in either the state or Federal courts located in New York, and you expressly consent to the jurisdiction of said courts. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

General

These Terms of Service constitute the entire agreement between you and design—ish studio govern your use of the Service, superseding any prior agreements between you and design—ish studio. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software, or visit another web site linked to by the Service. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

Please report any violations of these Terms of Service to: amanda@bydesignish.com

You agree to comply with all applicable laws, statutes, regulations, and ordinances concerning your use of the Service.

Violations

Please report any violations of these Terms of Service to: amanda@bydesignish.com

Severance and Waiver 

You acknowledge and agree that if any provision of these Terms of Service shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. Furthermore, if any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision.

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us.