TERMS AND CONDITIONS
Agreement for the registered users (Designers)
Here the terms and the conditions by means of which Designeyed offers to the registered users the access to own services available on the site.
The registered users can join Designeyd to:
Buy the products displayed on Designeyed
Sell their products displayed on Designeyed
Create an account
participate to the events and extensions organized by Designeyed
access to some areas like blogs and discussion board
Contact the designers asking them for every kind of informations not legally forbidden
Requirements for registered users Designers
Designeyed is direct to all the designer who show on the site the products they create in self production. The items must have these requirementes:
- They are realized by the designer in self production
- They are not prototypes
- They are not rendering/or virtual images
- They are not produced developed and realized from a person (physical or legal) that it is taken advantage of other suppliers (intermediary)
- They are not produced and already distributed with a brand that is not property of the designer
- They are not produced and realized on wholesale
- They are not copies or plagiarism of already existing products
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date, and you agree not to hold our catalog content providers or us responsible for inaccuracies in catalogs.
Limitation of Liability
You will not hold Designeyed responsible for other users' content, actions or inactions, items they list or their destruction of allegedly fake items. You acknowledge that we are not a traditional auctioneer. Instead, our sites are venues to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and locations, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item.
We do not transfer legal ownership of items from the seller to the buyer.
Further, we cannot guarantee continuous or secure access to our sites, services or tools, and operation of our sites, services or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services and tools.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
We do our best to keep Designeyed safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments:
You will not send or otherwise post unauthorized commercial communications (such as spam) on Designeyed.
2. You will not collect users' content or information, or otherwise access Designeyed, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission
3. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Designeyed.
4. You will not upload viruses or other malicious code.
5. You will not solicit login information or access an account belonging to someone else.
6. You will not bully, intimidate, or harass any user.
7. You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
8. You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.
9. You will not use Designeyed to do anything unlawful, misleading, malicious, or discriminatory.
10. You will not do anything that could disable, overburden, or impair the proper working of Designeyed, such as a denial of service attack.
11. You will not facilitate or encourage any violations of this Statemenet
Registration and Account Security
Designeyed users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:
1. You will not provide any false personal information on Designeyed, or create an account for anyone other than yourself without permission.
2. You will not create more than one personal profile.
3. If we disable your account, you will not create another one without our permission.
4. You will not use Designeyed if you are under 13.
5. You will keep your contact information accurate and up-to-date.
6. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
7. You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
8. If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
1. You will not post content or take any action on Designeyed that infringes or violates someone else's rights or otherwise violates the law.
2. We can remove any content or information you post on Designeyed if we believe that it violates this Statement.
3. If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
4. If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
5. You will not use our copyrights or trademarks or any confusingly similar marks, without our written permission.
7. You will not post anyone's identification documents or sensitive financial information on Designeyed.
1. All the users data won’t be used, showed, shared or transefered in agreement with the privacy tems.
2. All the user data can be deleted if requested, and we can give you a way to do that.
3. All the users data won’t be insert in advertisements.
4. All the data we have won’t be transefered, in direct or indirect way, to any advertising net, advertising exchange, or intermediary exchange of data
5. The user data won’t be sold.
6. Designeyed can limit the access to data by the side of developers or managers.
We can change this Statement if we provide you notice (by posting the change on home page).We can make changes for legal or administrative reasons, or to correct an inaccurate statement, upon notice without opportunity to comment.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Designeyed to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time
In case of controversy between the user and Designeyed, our objective is to supply neutral and economically convenient instruments in order to resolve the controversy in times expresses. Consequently, the user and Designeyed accept that the resolution of any controversy according to the law or in a way deriving from the present Agreement or our services will happen in conformity with one of the modalities of continuation here indicated or according to the agreements between the user and Designeyed.
Law and Court. Except when various specified, the present Agreement is regulated from the Italian law and the Court of Milan
Mediation e Arbitration. If the value of the dispute is less than EUR 10.000 : Servizio di Mediazione e Conciliazione Online della Camera Arbitrale di Milano. If no positive result using this method, there will be just one decider, in the Court of Milan.
Consumers. Italian law enforceable.
We try to keep Designeyed up, bug-free, and safe, but you use it at your own risk. we are providing Designeyed as is without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. we do not guarantee that Designeyed will be safe or secure. Designeyed is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties. We will not be liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or in connection with this statement or Designeyed, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of this statement or Designeyed will not exceed the greater of one hundred euro (€ 100) or the amount you have paid us in the past twelve months. applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. in such cases, Designeyed's liability will be limited to the fullest extent permitted by applicable law.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
1-This Statement makes up the entire agreement between the parties regarding Designeyed, and supersedes any prior agreements.
2-If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
3-If we fail to enforce any of this Statement, it will not be considered a waiver.
4-Any amendment to or waiver of this Statement must be made in writing and signed by us.
5-You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
6- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
7-Nothing in this Statement shall prevent us from complying with the law.
8-This Statement does not confer any third party beneficiary rights.
9-You will comply with all applicable laws when using or accessing Designeyed.
When you make payments through Designeyed, you agree to these Payments Terms.
Fees and Services
We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites.
1- When you confirm a transaction on Designeyed, you agree to be bound by and pay for that transaction.
2- The designer must pay the Designeyed fees within 3 weeks from the order.
3- Pay attention to the details of the transaction, because your total price include our fees, and it may include taxes also, which you are responsible for paying, in addition to shipping costs.
4- Don't commit to a transaction unless you have the availability of the item to sell. As an alternative, if you don't have the immediate availability of that, you must guarantee the availability of the item within 2 weeks (or 10 working days) from the order.
5- If the buyer order something that becomes unavailable before it can be provided to him, his only remedy is to receive a refund of the purchase price.
6- You may be presented with additional terms related to a specific purchase before you confirm the transaction (such as shipping terms for tangible goods). Those additional terms will also govern that transaction.
7- We make no warranties of any kind, express or implied, with respect to any products or services sold on or through Designeyed.
8- The designer must send the item to the buyer within 2 weeks from the order.
If your item sells, you're charged a final value fee based on a percentage of the item's total cost to the buyer, excluding any sales tax.
The final value fee on the item cost is 15%
(ex: if the item costs € 150,00 : € 127,50 for the designer
€ 22,520 for Designeyed).
The item's total cost to the buyer includes the item price (plus any other costs to the buyer less any sales tax) but not the shipping cost.
Unless otherwise stated, all fees are quoted in Euro. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due, deducting the amount owed from your PayPal account balance.)
Actually we offer only Paypal to quickly pay your Designeyed fees, cause it is the most safe and convenient way to pay your fees. Remember about the fees you have to pay them for the money transfer.
Actions we may take
As part of our effort to keep Designeyed safe, we may take certain actions to reduce liability for users and us.
1. We may make any inquiries that we consider necessary, either directly or through third parties, concerning your identity and creditworthiness.
2. We may cancel any transaction if we believe the transaction violates these Terms, or we believe doing so may prevent financial loss.
3. We may place a delay on a payment for a period of time, limit payment sources for a transaction, limit your ability to make a payment or deactivate your account if we believe doing so may prevent financial loss.
4. We may contact your payment source issuer, law enforcement, or impacted third parties (including other users) and share details of any payments you are associated with if we believe doing so may prevent financial loss or a violation of law.
5. We may cancel any Credits transferred, assigned, or sold in violation of these Terms.
6. If you purchase advertising, and your payment method fails or your account is past due, we may take steps to collect past due amounts using other collection mechanisms. You agree to pay all expenses associated with such collection, including reasonable attorneys' fees. Interest will accrue on any past due amounts at the rate of the lesser of 1% per month or the lawful maximum.
Disputes and Reversal
1. If you believe that an unauthorized or otherwise problematic transaction has taken place under your account, you agree to notify us immediately, so that we may take action to prevent financial loss.
2. To the fullest extent permitted by law, you waive all claims against us related to payments unless you submit the claim to us within 30 days after the charge.
3. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted.
4. If you enter into a transaction with a third party and have a dispute over the goods or services you purchased we have no liability for such goods or services. Our only involvement with regard to such transaction is as a payment agent.
5. We may intervene in disputes between users concerning payments but have no obligation to do so.
6. Your only remedy for a technical failure or interruption of service is to request that your transaction be completed at a later time.
Notices and Amendements to these payments terms
1. We may provide notices to you by posting them on our website, or by sending them to an email address or street address that you previously provided to us. Website and email notices shall be considered received by you within 24 hours of the time posted or sent; notices by mail shall be considered received within three business days of the time sent.
2. The Payment Terms in place at the time you confirm a transaction will govern that transaction.
3. We may change these Payment Terms, in whole or in part, even though the changes may affect accumulated Credits.
1. All of the commitments you make in the Designeyed apply to payments through Designeyed.
2. If you are under the age of 18, you may make payments only with the involvement of a parent or guardian. You should review these Payments Terms with a parent or guardian to make sure that you both understand them.
3. If you are a resident of Italy or have your principle place of business in the Italy, these Terms are between you and Designeyed. Otherwise we have to consider the local law to adopt. References to “us,” “we,” and “our” mean Designeyed.
4. Some countries may restrict or prohibit your ability to make payments through Designeyed. Nothing in these Terms should be read to override or circumvent any such foreign laws.
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