The eDesigner will purchase a membership and create a profile with Edesign Tribe, Inc. (also known as “Company”) and upload authentic interior design renderings, concept boards, and/or portfolio photos as to the specifications detailed in the Terms and Conditions below.
Terms and Conditions
The following terms and conditions apply:
1. Terms & Conditions
After purchasing a membership with the “Company,” the “Designer” will create a design profile on the Edesign, Inc.’s website. The profile will include authentic renderings, mood boards, and/or photos designed by the “Designer.”
The “Designer” has full access to use all the tools provided to them within the membership area. It is prohibited to extend your login credentials to another party and thus is grounds for termination from the platform.
The “Designer” may use their own affiliate links or links for their client to purchase via invoice for products they recommend in blog posts. The “designer” must abide by the rules of such affiliate programs and the “company” assumes no liability in the use of affiliate links.
TERMS AND CONDITIONS
The term “you” refers to anyone who uses, visits and/or views the website. eDesign Tribe, Inc. (“company”, “I”, “we” or “us”) reserves the right to amend or modify these terms and conditions in its sole discretion at any time without notice and by using the website, you accept those amendments. It is your responsibility to periodically check the website for updates.
Your continued use of the website after posting of any changes to our Terms and Conditions constitutes your acceptance of those changes and updates. You must not access or use the website if you do not wish to be bound by these Terms and Conditions
“Designer” will own the copyright for all materials published via his or her “Profile” under this agreement. “Company” can showcase sample works from “Designer’s Profile” on featured pages, social media, etc. always providing credit to the designer and tagging them where ever possible. Featured designers will be the only showcased designers on the website and will always be provided credit for their work.
3. Company Responsibilities
“Company” will always attribute works to the “Designer,” attaching a link to the “Designer’s Profile” when applicable. All credit will be given to the “Designer” in every social media channel in every respect. The images will never be used will never share images and give false or no credit to the initial “Designer”.
The “Company” may act as a liaison between outside vendors and designers. In the event that the “Company” is able to negotiate a lower price for products or services from a vendor for the “Designer,” the “Company” maintains no liability before, during, or after a transaction is made between the vendor and “Designer.” If a purchase is made with an outside company that was referred through the membership program all corresponds for the corresponding service must be conducted with that party. The “Company” assumes no liability in the “Designers” partnership with that company.
The “designer” may NOT use the “company’s” render software, sourcing tools or any other product supplied to the “designer” on the platform for a 3D Platform including but not limited to, Modsy, Havenly, Decorist, Swatchpop, Decorilla or any other similar website.
The “designer” MAY use the software in conjunction with a business productivity platform such as but not limited to, My Doma, Ivy, Design Files etc.
The “company” is not held liable for any business the “designer” conducts outside the companies platform. All design services are held under the “designers” individual businesses and therefore the “company” will not be held accountable for any legal actions set forth by the individual “designers” company.
There is not a guarantee that the “designer” will get clients through the “companies” platform. It is a marketing tool and the designer will get as much out of it as the contribute.
This agreement may be terminated at any time with 30 days written notice by either party. Written notice may be submitted to email@example.com
Termination by the “Designer” requires the deletion of the “Profile” from the “Company’s” website and any social media offerings. The “Company” may choose to leave the blog posts up on the website.
Termination by the “Company” requires the deletion of the “Profile” and the agreement that the “Designer’s” products will not be used by the “Company” unless prior consent by the “Designer” is obtained.
We reserve the right in our sole discretion to refuse, remove, restrict your access, revoke and terminate your use of our website including any or all Content published by you or us at any time for any reason, without notice.
The “Company” can’t be liable to the “Designer” or any third-party for damages, including lost profits, lost savings or other incidental, consequential or special damages. If any provision of this contract shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this contract and shall not affect the validity and enforceability of any remaining provisions.
Your acceptance of our Disclaimer is expressly incorporated into these Terms and Conditions. Please review Disclaimer for more information.
7. MANDATORY ARBITRATION AND GOVERNING LAW
You expressly waive your right to bring any legal claims, now or in the future arising out of or related to the website and our products/services. In the event of any dispute, claim or controversy arising out of or relating to your use of this website, the terms and conditions shall be construed in accordance with the rules and regulations of the state of Florida and United States.
You agree to consent and submit to the jurisdiction of the state and federal courts located in Florida without regard to the principles of conflict of law or where the parties are located at the time a dispute arises.
You agree to resolve any disputes or claims first through mandatory arbitration in the state of Florida and shall bear the full cost of arbitration as permitted by law. Your good faith participation in arbitration is a condition precedent to pursuing any other legal or equitable remedies available such as litigation or any other legal procedure. You also agree that in the event a legal claim is initiated after the required arbitration, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs associated with the legal action.
8. USER CONTENT AND LAWFUL USE OF THE WEBSITE
For any Content or information that you upload, display, post, transmit, send, email or submit to us on the website or on any of our social media sites, you warrant that you are the owner of that Content or have express permission from the owner of those intellectual property rights to use and distribute that Content to us.
You grant us and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to identify you, publish, post, reformat, copy, distribute, display, edit, reproduce any Content provided by you on our website and on any of our social media sites for any purpose. You shall be solely liable for any damages resulting from any infringement of copyrights, trademark or other proprietary rights of any Content or information that you provide to us.
You agree not upload, display, post, transmit, distribute, send, email or submit to us on the website or on any of our social media sites any information or Content that is-
(a) illegal, violates or infringes upon the rights of others,
(c) encourages or advocates conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any law,
(d) distribute material including but not limited to spyware, computer virus, any kind of malicious computer software or any other harmful information that is actionable by law,
(e) any attempts to gain unauthorized access to any portion or feature of the website, and
(f) send unsolicited or unauthorized material or cause disruption in the operation of the website. You agree to use the website for lawful purposes only and shall be liable for damages resulting from violation of any provision contained in these Terms and Conditions.
9. THIRD PARTY LINKS
The website may contain links to third party websites or resources for your convenience. We may serve as an affiliate for some of these third party websites by offering or advertising their products or services on the website; however, we do not own or control these third party websites. Once you click on a third party link and leave this website, you are no longer bound by our terms and conditions.
You agree that we are not responsible or liable for the accuracy, content or any information presented on these third party websites. You assume all risks for using these third party websites or resources and any transactions between you and these third party websites are strictly between you and the third party. We shall not be liable for any damages resulting from your use of these third party websites or resources.
10. USE OF OUR PAID AND FREE PRODUCTS
We may offer free products for you to download and also sell paid courses, programs, physical or digital products and any other related materials (collectively, “products”) on this website. All our products and/or services including all content are protected by copyright pursuant to US and international copyright laws. You are granted a limited revocable license to print or download Content from our digital products for your own personal, non-commercial, non-transferrable, informational and educational use only, while ensuring it’s not in violation of any copyright, trademark, and intellectual property or proprietary rights. Copying or storing our content for other than personal use is expressly prohibited without our prior written consent.
You acknowledge and agree that you have no right to share, modify, sell, edit, copy, reproduce, create derivative works of, reverse engineer, enhance or in any exploit our products. You cannot sell or redistribute any of our products, whether free or paid ones, without our express written consent. You agree to abide by the copyright, trademark laws and intellectual property rights and shall be solely responsible for any violations of these terms and conditions.
11. NO REFUNDS
All sales of products and/or services on this website are final. No refunds will be issued. We truly believe in giving more than receiving and each of our products and services is designed by keeping this core principle in mind. The prices are intentionally kept reasonably low in price as compared to market value to give you the tools and information you need at an affordable price.
12. NO WARRANTIES
ALL CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES ON THE WEBSITE ARE “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, EXPRESS OR IMPLIED TO THE FULL EXTENT PERMISSIBLE BY LAW. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, PRODUCTS AND/OR SERVICES PROVIDED ON THIS WEBSITE. COMPANY MAKES NO WARRANTIES THAT THE WEBSITE WILL PERFORM OR OPERATE TO MEET YOUR REQUIREMENTS OR THAT THE INFORMATION PRESENTED HERE WILL BE COMPLETE, CURRENT OR ERROR-FREE. COMPANY DISCLAIMS ALL WARRANTIES, IMPLIED AND EXPRESS FOR ANY PURPOSE TO THE FULL EXTENT PERMITTED BY LAW.
13. LIMITATION OF LIABILITY
You agree that under no circumstances, we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of this website including but not limited to all the content, information, products, services and graphics presented here.
You expressly agree that your use of the website is at your sole risk and that you are solely responsible for the accuracy of the personal and any information you provide, outcome of your actions, personal and business results, and for all other use in connection with the website.
You also expressly agree that we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall not be liable to you for any damages resulting from 1) any errors or omissions on the website, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including computer virus, hacking of information, and any other system failures; 2) any loss of income, use, data, revenue, profits, business or any goodwill related to the website; 3) any theft or unauthorized access by third party of your information from the website regardless of our negligence; and 4) any use or misuse of the information, products and/or services offered here.
This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here.
You agree to indemnify and hold the Company and/or its officers, employees, successors, shareholders, joint venture partners or anyone else working with us harmless from all losses, claims, damages, demands, actions, suits, proceedings or judgments, including costs, expenses and reasonable attorneys’ fees (“Liabilities”) assessed against or otherwise incurred by you arising, in whole or in part, from: (a) actions or omissions, whether done negligently or otherwise, by you, your agents, directors, officers, employees or representatives; (b) all your actions and use of the website including purchasing products and services; (c) violation of any laws, rules, regulations or ordinances by you; or (d) violation of any terms and conditions of this website by you or anyone related to you; e) infringement by you or any other user of your account of any intellectual property or other rights of anyone. Company will notify you promptly of any such claims or liability and reserves the right to defend such claim, liability or damage at your expense. You shall fully cooperate and provide assistance to us if requested, without any cost, to defend any such claims.
15. ENTIRE AGREEMENT
If any provision in these Terms and Conditions is deemed by a court, regulatory authority or other public or private tribunal of competent jurisdiction to be invalid or unenforceable, such provision is deemed to have been omitted from this Agreement. The remainder of this Agreement remains in full force and effect, and is modified to any extent necessary to give such force and effect to the remaining provisions, but only to such extent.
For any questions, please contact us at firstname.lastname@example.org