Terms of Service and End User License Agreement
Last revision: March 2016
The website located at www.interiorcrowd.com
and variants (the “Site”) is a copyrighted work belonging to InteriorCrowd, Inc. (“InteriorCrowd”, “us”, and “we”). Certain features of the Site may be subject to additional guidelines, terms, and rules. Should there be any conflict of terms, guidelines, or rules with these terms of service and end user license agreement (the “Terms”), then these terms shall govern.
These Terms create a binding contract between you (“You”) and InteriorCrowd. BY REGISTERING OR USING THE SITE (WHETHER AS A CLIENT OR A DESIGNER), YOU ARE ACCEPTING THESE TERMS, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU FURTHER REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS. YOU MAY NOT ACCESS OR USE THE SITE IF YOU ARE NOT AT LEAST 18 YEARS OF AGE. IF YOU DO NOT AGREE WITH ALL PROVISIONS OF THE TERMS, THEN YOU CANNOT USE THE SITE.
THE SITE IS PROVIDED “AS-IS” WITHOUT WARRANTIES OF ANY KIND, AND INTERIORCROWD’S LIABILITY TO YOU IS LIMITED. ALL DISPUTES ARISING HEREUNDER WILL BE RESOLVED BY BINDING ARBITRATION.
- The Site is an online platform connecting people who desire interior design services (“Clients”) with designers who can provide interior design services and solutions (“Designers” or “Stylists”). A user (“User”) means any person or people who access the Site, including without limitation Clients, Designers, and Stylists.
- Provisions specific to Clients, Designers, Stylists, and Users will be found in these Terms.
- We may revise the Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms. Your continued use of the Site after a change to the Terms constitutes Your binding acceptance of the Terms.
- A Client can create a design contest(s), (the “Contest”) by filling out the intake form (the “Intake Form”), registering and creating an account (“Account Creation”), paying a fee for the Contest, and following other directions on the Site. In addition to providing details on the project and style preferences, the Client must provide an email address, name, password, phone number, address, and billing information.
- A Designer can apply for acceptance onto the platform by registering and creating an account, submitting portfolio work or other examples, and following other directions on the Site. In addition to providing details on the Designer’s experience, style preferences, education, and other design details, the Designer must provide an email address, name, password, phone number, and address. Acceptance onto the platform is at the sole and complete discretion of InteriorCrowd. Once accepted, a Designer can create an online portfolio and begin participating in Contests. InteriorCrowd reserves the right to remove a Designer at any time for any reason or no reason whatsoever.
- Designers may submit design concepts (“Concept Boards”) in the format specified by InteriorCrowd following instructions on the Site. Clients must select one winning design within a specified period of time. If no winning design is selected, InteriorCrowd reserves the right to retain the Client Payment; in its sole discretion, InteriorCrowd may choose to distribute a portion of the Client Payment to the Designers who participated in the Contest.
- If / when a Client chooses a winning design, the chosen Designer will be notified (the “Winner”). The Winner shall conduct the initial one hour consultation (the “Initial Consultation”) as soon as practicable. This will involve such things as communicating with the Client through the Site to determine a time convenient for both parties, having the consultation to better assess the client’s needs, and following up with InteriorCrowd about the estimated size and scope of the project (“Scope of Work”).
- Based on the Scope of Work, the Client may elect to purchase hours of design services (“Design Services”) to move from a Concept Board to a final design (the “Final Design”). This includes development of a list of products that meet the Client’s needs and budget (the “Product List” or “Shopping List”) as well as other requirements that may be communicated through the Site or otherwise. Designers may also need to create a 3D rendering, a floor plan, a spatial plan, drawings, or other items as required by the Client or InteriorCrowd as specified. Designers may also be involved in project management services, oversight of third parties involved in a project, and otherwise as may be typical or necessary in the Scope of Work.
- Additional services. InteriorCrowd may also offer a shopping and/or installation service. This will be offered for an additional fee, and InteriorCrowd may choose to work with third parties to supply this service.
3. License Agreement – License Granted to Users.
- Ownership: The Site, the Site’s content, media and materials contained herein, as well as all aspects of the business model, Client and Designer relationships, vendor relationships, technical development, software contained herein, and otherwise are the sole and exclusive property of InteriorCrowd and its licensors. Except for the limited licenses expressly granted to Users under these Terms, no other rights, licenses, or immunities are granted or will be deemed to be granted to Users under these Terms, either expressly, or by implication, estoppel, or otherwise.
- License Limitations: You may not modify, alter, reproduce, or distribute the Site. You may not rent, lease, lend, sell, redistribute or sublicense the Site. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Site, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law), nor attempt to disable or circumvent any security or other technological measure designed to protect the Site or any content available through the Site. You may not use any trademarks, service marks, design marks, logos, photographs or other content of InteriorCrowd without express written permission. If you breach these license restrictions, or otherwise exceed the scope of the licenses granted in the Terms, then you may be subject to prosecution and damages, as well as liability for infringement of intellectual property rights and denial of access to the Site.
- Applicability of Updates: The Terms will govern any updates provided to You by InteriorCrowd that replace and/or supplement the Site, unless such upgrade is accompanied by a separate license or revised Terms, in which case the terms of that license or revised Terms will govern.
4. License Agreement – Scope of License Granted to InteriorCrowd from Clients
- Client Content. As a Client, you may be able to create, develop, upload, post, or share content, including by not limited to pictures of your space, pictures of your home, floorplans, furniture and other household objects, collectively (“Client Content”).
- Feedback. Any ideas, suggestions, inventions, materials, content, taglines, or otherwise (the “Client Ideas”) that are sent to InteriorCrowd may be used by InteriorCrowd in its discretion. InteriorCrowd will own exclusively all now known or later discovered rights to the Client Ideas; not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of the Client Ideas; and will be entitled to unrestricted use of the Client Ideas or any purpose whatsoever, commercial or otherwise, without compensation to You or any other person.
- License Grants to InteriorCrowd. By creating, posting, or sharing the Client Content on or through the Site, You hereby grant to InteriorCrowd a worldwide, non-exclusive, sub-licensable, transferable, royalty-free license to use, publish, share, display, modify, remove, or transmit the Client Content. Uses of the Client Content include but are not limited to: (a) facilitate matches between Clients and Designers, (b) advertise and promote the Site, (c) create training materials, and (d) other appropriate uses.
- Rights to Client Content. You hereby represent and warrant that: (a) you own or have the right to grant the license of the Client Content to InteriorCrowd, (b) the use of the Client Content does not violate the copyrights, contract rights, intellectual property rights, privacy or publicity rights, or any other such rights of any person or party, and (iii) Client Content is non-confidential and non-proprietary. You agree to pay any and all royalties, fees, or other monies that may become due to a third party for the use of the Client Content.
5. License Agreement – Scope of License Granted to InteriorCrowd from Designers
- Designer Content. As a Designer, you may be able to create, develop, upload, post, or share content, including but not limited to concept boards, final designs, floorplans, product plans, shopping lists, furniture, and other household objects, collectively (“Designer Content”).
- Feedback. Any ideas, suggestions, inventions, materials, content, taglines, or otherwise (the “Designer Ideas”) that are sent to InteriorCrowd may be used by InteriorCrowd in its discretion. InteriorCrowd will own exclusively all now known or later discovered rights to the Designer Ideas; not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of the Designer Ideas; and will be entitled to unrestricted use of the Designer Ideas or any purpose whatsoever, commercial or otherwise, without compensation to You or any other person.
- License Grants to InteriorCrowd. By creating, posting, or sharing the Designer Content on or through the Site, You hereby grant to InteriorCrowd a worldwide, non-exclusive, sub-licensable, transferable, royalty-free license to use, publish, share, display, modify, remove, or transmit the Designer Content. Uses of the Designer Content include but are not limited to: (a) facilitate matches between Clients and Designers, (b) advertise and promote the Site, (c) create training materials, and (d) other appropriate uses.
- Rights to Designer Content. You hereby represent and warrant that: (a) you own or have the right to grant the license of the Designer Content to InteriorCrowd, (b) the use of the Designer Content does not violate the copyrights, contract rights, intellectual property rights, privacy or publicity rights, or any other such rights of any person or party, and (iii) Designer Content is non-confidential and non-proprietary to any third parties. You agree to pay any and all royalties, fees, or other monies that may become due to a third party for the use of the Designer Content.
6. Fees and Payment.
- Client Fees. The fee or fees (the “Fee”) charged to Clients for use of the Site is subject to the scope of the design or a chosen package. Users may use public facing elements of the Site for free; however, Contests and other services are available for a fee only. The Fee is due and payable in advance of the delivery of the Design Services.
- Payments. The Site may use third parties to process payments. Such third-party payment processors accept payments through credit cards including Visa, MasterCard, American Express, and others in US dollars.
- Taxes. Users are responsible for determining and payment any appropriate governmental taxes, fees, and service charges resulting from use of the Site, with the exclusion of taxes on InteriorCrowd’s income. InteriorCrowd is not responsible for collection, reporting, paying, or remitting to You any such taxes, fees, or service charges, except as may be required by law. For the avoidance of doubt, Designers are required to submit to the appropriate governmental agencies any taxes on the earnings that may receive through use of the Site.
- Refunds. In InteriorCrowd’s sole discretion, it may offer a Client a full or partial refund of a Contest.
- Earnings. InteriorCrowd will pay the Winner(s) a fee after the Client approves the Final Design. This fee shall be the Client payment less fees and charges held by InteriorCrowd. Such fee amounts are subject to change by InteriorCrowd. Winners will be paid either electronically or via check on a regular basis. In the case of a Refund, InteriorCrowd has the right to reimbursement by the Winner for the fees paid. Reimbursement will first come from any earnings accrued by the Designer but not yet paid; to the extent that the earnings are not sufficient to cover the reimbursement, InteriorCrowd has the right to reimbursement on demand.
- Identification. Users agree to provide identification details when requested by InteriorCrowd, including but limited to, W9 information.
- Merchandise Credits. InteriorCrowd may choose to offer the Client a credit to use towards the purchase of furniture and household items. This merchandise credit will be applicable only for use in purchasing items through the Site or through specific purchasing links. Specific terms of the merchandise credit will be outlined on the Site in the Contest or via email from InteriorCrowd to the Client.
7. Security and Usage.
- Account Security. Account information is personal to each User, and Users may not share account information with a third party or otherwise allow access to the account by a third party. Users are responsible for all activity occurring under the User’s account, and Users agree to use reasonable efforts to prevent unauthorized access to the Site. Users shall preserve the confidentiality of the username and password, and shall notify InteriorCrowd in the case of any breach in security through [email protected]. Notify InteriorCrowd immediately in the case of a breach or suspected breach of Your account. You are solely responsible for the losses incurred by InteriorCrowd and others due to any unauthorized use of Your account.
- Users must access the Site only as intended by InteriorCrowd and as permitted under these Terms.
- Users may not copy, reproduce, publish, distribute, perform, display, transmit, stream, share, pin, or otherwise broadcast any part of the Site without the express written permission of InteriorCrowd. Non-permitted activities include, but are not limited to: (i) altering, defacing, mutilating, or otherwise bypassing any approved software through which the Site is available; (ii) bypassing, circumventing, damaging, or otherwise interfering with any security features of the Site; (ii); harvesting or mining the Site; or, (iv) undertaking, causing, permitting, or authorizing the translation, reverse engineering, disassembling, or hacking of the Site (or any aspect thereof). Users must use the Site consistent with individual human usage and as intended by InteriorCrowd.
- Users agree not to post, transmit, or otherwise make available any virus, worm, spyware, or other malicious computer code, file, or program. Users agree not to interfere with or disrupt the Site, networks, or servers connected to the servicing of the Site, or to otherwise violate the regulations, policies, or procedures of such networks or servers. Users agree not to access, tamper with, or use non-public areas of the Site, any computer systems or infrastructure used by InteriorCrowd, or any delivery systems.
- Users may not use, display, mirror, frame, or utilize framing techniques to enclose the Site, including any content available on or through the Site, unless and solely to the extent that InteriorCrowd makes available the means for embedding any part of the Site or the Site’s content.
- Account identity. You agree that the information you provide to InteriorCrowd is completely true in all respects. Any false personal information provided to InteriorCrowd is grounds for immediate disabling of Your account, in addition to any other remedies available to InteriorCrowd. If Your account has been disabled, You agree not to create a new account without InteriorCrowd’s express written approval.
- You shall not solicit, or attempt to solicit, any personal information of other Users. You agree not to harass, abuse, harm, or incite harassment, abuse or harm of any Users as well as of any InteriorCrowd employees, contractors, or others.
- You shall not discourage, restrict or inhibit any person from using the Site, and You shall not disclose information about third parties on the Site or Users obtained from the Site with the consent of such person.
- You agree to abide by all applicable federal, state, and local laws, regulations, policies, and procedures.
- You agree not to assist or permit any persons from otherwise harming InteriorCrowd or any of its Users.
8. Consequences of Violating Terms. InteriorCrowd reserves the right to suspend, disable, or terminate a User’s account and prevent access to the Site for any reason or no reason. InteriorCrowd reserves the right to refuse access to the Site to you in the future, and InteriorCrowd may review and remove any of the User Content at any time, or any reason, or no reason, including activity which, in its sole judgment: violates these Terms, violates any applicable laws, rules, regulations, policies, or procedures; is abusive, offensive, illegal, or disruptive; or violates the rights of, or harms or threatens the safety of, any Users of the Site. You are responsible for any claims, fees, fines, penalties, or other liability incurred by InteriorCrowd or others caused by Your breach of the Terms or Your use of the Site.
9. Availability, User Relationships, Accuracy, and Third Parties.
- Site availability. InteriorCrowd may change, suspend, discontinue, or migrate the Site or any aspect of the Site at any time without notice or liability.
- User Relationships. InteriorCrowd is not responsible for any disputes or disagreements between Users of the Site or any third party, including disputes or disagreements between Clients and Designers. Users assume all of the risk associated in dealing with third parties and agree to resolve any and all disputes with third parties directly. You release InteriorCrowd of all claims, demands, and damages in disputes among Users of the Site. You also agree not to involve InteriorCrowd in such disputes. Your use of the Site implies that you will use caution and common sense. InteriorCrowd does not conduct background checks or criminal background checks on its Users.
- Content Accuracy. InteriorCrowd makes no representations or warranties about accuracy, reliability, completeness, or timeliness of any contents of the Site, including any and all designs, or any third-party products or services obtained through or recommended by the Site or its Users.
- Third Party Website and Advertisements. The Site may contain links to third party websites, services, advertisements, or applications (“Third Party Sites”). Such Third Party Sites are not under the control of InteriorCrowd, and InteriorCrowd is not responsible for the Third Party Sites. InteriorCrowd may provide links to or services from Third Party Sites as a convenience to Users, and it does not review, monitor, endorse, approve, warrant or make any representations with respect to Third Party Sites. You use all Third Party Sites at your own risk. When you use a Third Party Site, the applicable third party’s terms and conditions apply, including such third party’s privacy and data gathering policies.
10. DISCLAIMER. INTERIORCROWD MAKES NO PROMISES AND DISCLAIMS ALL LIABILITY OF SPECIFIC RESULTS FROM YOUR USE OF THE SITE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, INCLUDING DATA, WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS, DATA OR SERVICE AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS AND, (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
11. LIMITATION OF LIABILITY. IN NO EVENT SHALL INTERIORCROWD, ITS EMPLOYEES, AGENTS, PARTNERS, AFFILIATES, CONTRACTORS, LICENSORS, OR SUPPLIERS (THE “RELEASED PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF (OR INABILITY TO USE) THE SITE OR RELATED SERVICES, EVEN IF INTERIORCROWD HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND RELATED SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES INCURRED. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SITE, PARTICULARLY IF YOU MEET OTHER USERS OR SHARE PERSONAL INFORMATION. YOU ASSUME ALL RISK WHEN ENGAGING THE SERVICES OF OTHER USERS AND IN CONNECTION WITH USING THE SITE, INCLUDING BUT NOT LIMITED TO ANY RISKS ASSOCIATED WITH OBTAINING SERVICES FROM ANY DESIGNER OR INSTALLER, INCLUDING ALL RISKS OF PHYSICAL OR EMOTIONAL HARM OR INJURY. YOU EXPRESSLY AGREE NOT TO HOLD THE RELEASED PARTIES LIABLE FOR ANY INSTALLATION, INSTRUCTION, ADVICE, OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SITE AND INTERIORCROWD EXPRESSLY DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT ARISE OR ARE RELATED IN ANY WAY TO THE SITE, THE IFNORMATION PROVIDED THROUGH THE SITE OR OTHER MEDIA, OR THE SERVICES PROVIDED BY OR TO ANY USER OF THE SITE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE; (v) YOUR RELIANCE ON CONTENT OR DATA MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES' MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF COMPANY CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE GREATER OF (A), IF YOU ARE A CLIENT, THE FEES YOU HAVE PAID TO INTERIORCROWD, (B) IF YOU ARE A DESIGNER, THE FEES PAID BY INTERIORCROWD TO YOU, OR (C) $100.
12. Indemnity. You agree to defend, indemnify, and hold harmless the Released Parties from any claims, actions, or demands by any third party, including without limitation, reasonable attorneys’ and legal fees and accounting fees, alleging or arising out of (i) Your use of the Site or related services; (ii) your Client Content, Designer Content, or User Content; (iii) Your use of or reliance on any third-party content; (iv) your use of or reliance on any InteriorCrowd Content or designs; (v) Your interaction with any other User; or, (vi) Your violation or breach of these Terms or any applicable laws. InteriorCrowd reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify the Released Parties; You agree to cooperate with the defense of these claims. You agree not to settle any matter without the prior written consent of InteriorCrowd and/or the Released Parties. InteriorCrowd will use reasonable efforts to notify You of any such claim, action, or proceeding upon being made aware of it.
13. Digital Millennium Copyright Act of 1998 (the DMCA).
- The DMCA provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you or your agent may send InteriorCrowd a “Notification of Claimed Infringement” requesting that the material be removed, or access blocked to it. The notice must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
- Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
- Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow InteriorCrowd to locate the material on the Site;
- Your name, address, telephone number, and email address (if available);
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send InteriorCrowd a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Service should be sent to 38 Keyes Avenue, Suite LL06, San Francisco, CA 94129. Consult your legal advisor and see 17 U.S.C. ¤512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
14. Dispute Resolution.
- The Terms and the relationship between You and InteriorCrowd are governed by the laws of the State of California without regard to its conflict of law provisions. You and InteriorCrowd agree to submit to the personal and exclusive arbitration of any disputes related to Your use of the Site under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in San Francisco County in the State of California.
- You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to Your use of the Site or the Terms:
- YOU ARE GIVING UP YOUR RIGHT TO A TRIAL BY JURY;
- YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY DISPUTE; AND
- YOU MUST FILE ANY CLAIM WITHIN ONE YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED.
15. Term and Termination.
- These Terms will remain in full force and effect while You use the Site and/or related services. Your rights under these Terms will terminate automatically without notice from InteriorCrowd if you fail to comply with any Terms, policies, or procedures. Upon termination, You will not have the right to access the Site or related services. InteriorCrowd will not have any liability to You whatsoever for any termination. You understand that InteriorCrowd, in its sole discretion, may choose to delete Your Client Content or Designer Content.
- Survival. The provisions of these Terms that by their nature are intended to survive termination, will survive. This includes, but is not limited to: Sections 1, 3 (excluding 3b), 4-14, and 16.
16. Other Provisions.
- Assignment: InteriorCrowd may assign the Terms, including all of its rights hereunder, at any time, without restriction. Users may not assign the Terms, an account, any of the rights or licenses granted hereunder, directly or indirectly, without the prior written consent of InteriorCrowd, which shall not be unreasonably withheld.
- Electronic Communications: You consent to receive certain electronic communication from InteriorCrowd, including but not limited to, communications on the Site, within the platform, or via email. Users may send communications to one another through the Site only. You agree not to send unsolicited marketing messages or broadcasts (aka spam) whether through the Site or to other Users outside of the Site.
- The failure to require performance of any provision of the Terms will not affect InteriorCrowd’s right to require performance at any other time. A waiver of any breach or default of the Terms will not constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
- Section headings are provided for convenience only.
- If any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest possible extent and the remaining parts will remain in full force and effect.
- These Terms do not create any joint venture, partnership, employment, or agency relationship between You and InteriorCrowd.
Special Notice for Users Accessing the Site via iTunes (the “App”):
You acknowledge that these Terms are between you and InteriorCrowd only, not with Apple, and Apple is not responsible for the App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the App or your possession and use of the App infringe that third party's intellectual property rights. You agree to comply with any applicable third party terms, when using the App. Apple, and Apple's subsidiaries, are third party beneficiaries of the Terms, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against you as a third party beneficiary of the Terms. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If InteriorCrowd provides a translation of the English language version of these Terms, then the translation is provided solely for convenience, and the English version shall prevail.
You may contact InteriorCrowd at any time via email to [email protected]
or via mail at InteriorCrowd, 38 Keyes Avenue, Suite LL06, San Francisco, CA 94129.