These terms and conditions (“Terms”) cover the rights and obligations of and between eDesign Tribe, Inc. (“Company,” “we,” “us,” “our”) and the designer (“Designer” or “you”) when purchasing a membership, creating a profile, and/or otherwise using the Company’s website, https://www.edesigntribe.com, as well as any related websites and sublicensed or hosted platforms, including, but not limited to, Kartra (collectively, the “Website”).
The Designer will purchase a membership and create a profile through the Website and upload authentic interior design renderings, concept boards, and/or portfolio photos in accordance with these Terms.
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to dispute resolution provisions will not apply to any disputes for which the parties have actual notice on or before the change is posted on the Website. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
1. Accessing the Website and Account Security
After purchasing a membership with the Company, the Designer will create a design profile on the Website (“Profile”). The Profile will include the ability to create and post authentic renderings, mood boards, and/or photos designed by the Designer (“Content”).
The Designer has full access to use all the tools provided to them within the membership area.
Your Profile and account on the Website is personal to you and you agree not to provide any other person with access to the Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
You agree that Company, as well as customer support representatives from any platform utilized by you when accessing Company’s Products and services (including, but not limited to, Kartra and Coohom) may access your Designer Profile and other backend user information if and when you request technical or other user support.
2. Company Responsibilities
Company will always attribute works to the Designer, including any Cotnent promoted on the Website or through Company’s social media channels, attaching a link to the Designer’s Profile when applicable. Content will never be shared with inaccurate accreditation or no credit to the initial Designer.
The Company may act as a liaison between outside vendors approved and vetted by Company (each, a “Vendor”) 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 assumes no liability before, during, or after a transaction is made between the Vendor and Designer.
Company assumes no liability for any relationship with a third-party company that is not an approved Vendor. If a purchase is made with an outside company Designer is solely responsible for maintaining the relationship with and assuming liability for such outside companies.
3. Designer Rights and Responsibilities
The Designer may NOT use the Company’s render software, sourcing tools, or any other product supplied to the Designer on the Website 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 including, but not limited to, My Doma, Ivy, and Design Files.
Designer must only post and publish Content that is original to designer and does not infringe on any third-party rights. Designer acknowledges and agrees that any Content uploaded to or used on Designer’s Profile is either owned by Designer or Designer has appropriate permission to use such Content or pieces of Content.
The Designer may use their own affiliate links or links for their client to purchase via invoice for products they recommend in their Content or on the Designer’s Profile. The Designer must abide by the rules of such thirf-party affiliate programs and the Company assumes no liability in Designer’s use of affiliate links.
Designer is solely responsible for business conducted with Vendors and clients outside of the Website. Designer’s services to clients are unrelated to any Products or services provided on the Website, and Designer is solely responsible for such services to clients.
There is no guarantee that the Designer will get clients through the Website or by utilizing any of Company’s Products, services, or platforms. It is a marketing tool only.
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. Designer will be responsible for payment of any fees owed through the date of termination.
Termination, whether by the Company or by the Designer, will result in the deletion of the Profile from the Company’s Website and any social media channels. The Company, in its sole discretion, may choose to leave live any blog, Website, or social media posts or pages that mention or feature Designer or Designer’s Profile or Content. Upon termination, Company will not otherwise use or promote any of Designer’s Content not already live on the Website or social media channels without Designer’s express written consent.
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.
5. Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), other than the Designer’s Content, are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Company name, the terms “eDesign Tribe,” “Design in Five,” and “eDesign U,” the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
Designer will own the copyrights to all original Content published via his or her Profile. Company can showcase sample works from Designer’s Profile on featured pages, social media, and other print and digital channels always providing credit to the Designer and tagging them wherever possible. Featured designers will be the only showcased designers on the website and will always be provided credit for their work.
Notwithstanding the foregoing rights, Designer hereby grants Company a limited license to promote Designer’s Content, and to offer brands the ability to purchase the Content for commercial use (“Promotional License”). Any Content sold via the Promotional License will be paid to the Designer, less applicable commission, in accordance with these Terms.
Your acceptance of our Disclaimer is expressly incorporated into these Terms and Conditions. Please review Disclaimer for more information.
7. 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 or through 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.
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:
(a) is illegal, violates or infringes upon the rights of others,
(b) is defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic, threatening,
(c) encourages or advocates conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any law,
(d) is used to 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) attempts to gain unauthorized access to any portion or feature of the website, and
(f) sends unsolicited or unauthorized material or causes 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.
8. 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, these Terms no longer apply and you are encouraged to review the terms and conditions of the third-party site.
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.
9. 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 the Website. All our Products and/or services including all content produced and presented by us are protected by copyright pursuant to US and international copyright laws. You are granted a limited, revocable license to print or download Products for your own personal, non-commercial, non-transferrable, informational and educational use only, while ensuring you are not in violation of any copyright, trademark, and intellectual property or proprietary rights. Copying or storing our Products 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, without our express written consent. You agree to abide by the intellectual property rights defined herein and shall be solely responsible for any violations of these terms and conditions.
10. NO REFUNDS
All sales of Products and/or services on the 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.
11. AFFILIATE COMMISSION ELIGIBILITY
You understand and acknowledge that eligibility to be paid affiliate commissions on or through any Products offered through the Website or through any partner affiliate program is not available to Render Only memberships. At any time that you are a Render Only member, any affiliate links on existing renders created by you will be inactive and will not be eligible to receive affiliate commissions or payments. If you upgrade to an eligible membership, affiliate commissions are only available from the date of upgrade and are not paid retroactively.
12. NO WARRANTIES
ALL CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, EITHER 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, ERROR-FREE, SECURE, RELIABLE, UNINTERRUPTED, OR AVAILABLE. 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 shall the Company and/or our officers, directors, employees, successors, shareholders, joint venture partners or anyone else working with us be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of the Website including, but not limited to, all the content, information, Products, services and graphics presented herein.
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 other information you provide, the outcome of your actions, personal and business results, and for all other use in connection with the Website.
You also expressly agree that the Company and/or our officers, directors, 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 a 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; (d) violation of any terms and conditions of the Website by you or anyone related to you; or 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, to defend any such claims.
15. Governing Law; Arbitration
Governing Law and Jurisdiction
All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Wyoming without giving effect to any choice or conflict of law provision or rule (whether of the State of Wyoming or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the City of Gainesville and County of Alachua, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
At Company's sole discretion, it may require you to submit any disputes arising from these Terms or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Wyoming law.
Limitation on Time to File Claims
16. ENTIRE AGREEMENT
If any provision in these Terms is deemed by a court, regulatory authority, or other public or private tribunal of competent jurisdiction to be invalid or unenforceable, such provision shall be limited or eliminated to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
For any questions, please contact us at firstname.lastname@example.org