Terms of Service

These Terms of Service govern your use of the website located at https://decorbydesigners.com and any related services provided by Decor By Designers.

By accessing https://decorbydesigners.com, you agree to abide by these Terms of Service and to comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by Decor By Designers.

We, Decor By Designers, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.

These Terms of Service were last updated on November 6, 2024.

Limitations of Use

By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:

modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
remove any copyright or other proprietary notations from any materials and software on this website;
transfer the materials to another person or "mirror" the materials on any other server;
knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service Decor By Designers provides;
use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
use this website or its associated services in violation of any applicable laws or regulations;
use this website in conjunction with sending unauthorized advertising or spam;
harvest, collect, or gather user data without the user’s consent; or
use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.

Intellectual Property

The intellectual property in the materials contained in this website are owned by or licensed to Decor By Designers and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.

This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service, and may be terminated by Decor By Designers at any time.

User Content and Intellectual Property Rights

Content Posting and Ownership

When you use our Services, you may post various materials including but not limited to design templates, text, images, descriptions, reviews, comments, videos, and other content (collectively, "User Content"). You retain full ownership of your User Content, subject to the licenses granted herein.

User Representations and Warranties

By posting User Content, you represent and warrant that:

You own or have obtained all necessary rights, licenses, and permissions to post your User Content;
Your User Content does not and will not infringe or violate any intellectual property rights, publicity rights, privacy rights, or other rights of any third party;
Your User Content complies with all applicable laws and regulations; and
You have the legal right and capacity to grant the licenses described in these Terms.

Prohibited Content

You agree not to post any User Content that:

Infringes upon any third party's intellectual property rights;
Is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive;
Contains false, misleading, or deceptive information;
Violates any part of our Terms or policies;
Promotes fraudulent or deceptive practices; or
Contains malware, viruses, or other harmful code.

Intellectual Property Enforcement

If your User Content is alleged to infringe upon any third party's intellectual property rights ("IP Rights") or if we reasonably suspect such infringement, we reserve the right to:

Disable access to the allegedly infringing content;
Suspend or terminate your account;
Take any other appropriate action to protect our Services and users.

We will notify you of any such actions taken regarding your account or User Content. We reserve the right to make all determinations regarding potential violations in our sole discretion.

License Grant

By posting User Content, you grant Decor by Designers a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, perpetual license to:

Use, display, edit, modify, reproduce, distribute, and store your User Content;
Create derivative works based on your User Content;
Promote your products and our Services through any channels, including our website, partner sites, and third-party advertising platforms;
Use your User Content in any current or future formats and through any current or future channels.

Additional Rights and Acknowledgments

You agree to:

Waive any moral rights or rights of publicity against us regarding the use of your User Content within the scope of this license;
Acknowledge our legitimate interest in using your User Content in accordance with this license, including cases where your User Content contains personal information;
Cooperate with any reasonable requests regarding the verification of your rights to User Content.

Termination of License

The licenses granted herein survive the termination of your account but may be revoked by us if we determine, in our sole discretion, that your User Content violates these Terms or applicable law.

Our Content

All content related to our Services, excluding Your Content, is owned by Decor by Designers, its licensors, or other providers ("Our Content"). Our Content includes the entire content of our website, its features, and functionality, including but not limited to all information, software, text, displays, images, videos, audio, and the designs, selections, and arrangements. Our Content is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not use Our Content in any way without our explicit written consent.

Third-Party Intellectual Property

Decor by Designers' Role

Decor by Designers operates as a marketplace where independent interior designers can sell their design templates and related content. Our interior designer partners create their own templates, content, and policies and are responsible for ensuring compliance with applicable laws. While we provide the marketplace platform, Decor by Designers does not create the design templates or Your Content, nor do we verify their compliance with applicable laws. Content uploaded to our marketplace is created by independent designers, not by employees, agents, or representatives of Decor by Designers. You are responsible for ensuring you have all necessary rights and are not infringing upon any third party's rights when posting content.

We reserve the right to remove any design templates, comments, or content that we believe violates these Terms. We may also take action against users who abuse our Terms of Use, including cooperating with third parties who we reasonably believe own intellectual property rights that appear on our marketplace.

Intellectual Property Infringement Notices

We aim to promptly address legitimate intellectual property infringement claims by removing or disabling access to allegedly infringing material. When we take such action in response to a proper notice, we will:

Contact the affected user about the notice and our response
In copyright infringement cases, provide information about submitting a counter notice
May share the infringement notice details, including the reporting party's name and email, with the affected user

To report copyright infringement on our Services, submit a written notice to our designated copyright agent. Per the Digital Millennium Copyright Act (DMCA) requirements, your notice must include:

Your physical or electronic signature
Identification of the copyrighted work allegedly infringed
Detailed identification of the allegedly infringing material
Statement of your good faith belief regarding unauthorized use
Statement confirming the notice's accuracy
Statement, under penalty of perjury, of your authority to act for the copyright owner
Your contact information

Our designated copyright agent for DMCA Notices is: [Insert Copyright Agent Details]

Counter Notification

If you believe your content was removed by mistake or misidentification, you may submit a counter notice to our copyright agent including:

Your physical or electronic signature
Identification of the removed material and its previous location
Your contact information
Statement under penalty of perjury regarding mistake or misidentification
Consent to federal court jurisdiction and service of process

Important Notice

Making knowingly false claims in either a DMCA notice or counter notice may result in liability for damages, including costs and attorneys' fees under DMCA Section 512(f). This is particularly relevant for design templates and interior design work where inspiration and trends may create similar-looking designs.

Liability

Our website and the materials on our website are provided on an 'as is' basis. To the extent permitted by law, Decor By Designers makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.

In no event shall Decor By Designers or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if Decor By Designers or an authorized representative has been notified, orally or in writing, of the possibility of such damage.

In the context of this agreement, "consequential loss" includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.

Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Accuracy of Materials

The materials appearing on our website are not comprehensive and are for general information purposes only. Decor By Designers does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this website, or otherwise relating to such materials or on any resources linked to this website.

Links

Decor By Designers has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval or control by Decor By Designers of the site. Use of any such linked site is at your own risk and we strongly advise you make your own investigations with respect to the suitability of those sites.

Right to Terminate

We may suspend or terminate your right to use our website and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.

Severance

Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of Sweden. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.