TERMS OF SERVICE

Acceptance of Terms

By using the DesignTalks mobile application and website, and all services of DesignTalks (the "DesignTalks Service" or the “Service”), you are agreeing to be bound by the following terms and conditions ("Terms of Service"), including any subsequent changes or modifications to them. If you do not agree to these Terms or to our Privacy Policy, please do not access the DesignTalks website or services.

See the Privacy Policy, which is incorporated into this Agreement by reference.

DesignTalks Service

A. Subject to your compliance with these Terms of Service, DesignTalks hereby grants you permission to use the Service, provided that: (i) your use of the Service as permitted is solely for your own use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service; (ii) you will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without DesignTalks's prior written authorization; (iii) you will not attempt to reverse engineer, alter or modify any part of the Service; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service and Privacy Policy.

B. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide DesignTalks with your email address. You expressly acknowledge and agree that in order to provide the Service, DesignTalks may periodically access your contact list and/or address book to find email addresses of other users of the Service or people you wish to invite to use the Service. You also acknowledge and agree that you allow DesignTalks to access the mail app, photo library, camera, and/or Dropbox on your mobile device in order to provide the Service. You must notify DesignTalks immediately of any breach of security or unauthorized use of your mobile phone. Although DesignTalks will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of DesignTalks or others due to such unauthorized use.

C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the DesignTalks servers in a given period of time than a human can reasonably produce in the same period by using a DesignTalks application, and you are forbidden from ripping the content unless specifically allowed. Notwithstanding the foregoing, DesignTalks grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. DesignTalks reserves the right to revoke these exceptions either generally or in specific cases. While we don't disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by DesignTalks clients. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including email addresses, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.

Privacy and Communications

You acknowledge and agree that DesignTalks may occasionally send you communications regarding your account or the Service via email.

See the Privacy Policy, which is incorporated into this Agreement by reference.

Accounts, Passwords, and Security

You must be a registered user to access the Service. You are responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your user name.

Acceptable Use and Conduct

You are solely responsible for your conduct and your data related to the Service. You agree to indemnify, defend, and hold harmless DesignTalks and its suppliers from any and all loss, cost, liability, and expense arising from or related to your data, your use of the Service, or your violation of these terms.

The Service is made available to you, your company, and/or your customers only for personal or commercial use, which use must be in compliance with all applicable laws, rules and regulations and must not infringe or violate third party rights.

Any unauthorized use of any DesignTalks Service is a violation of this Agreement and certain federal and state laws. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.

Appropriate Practices

DesignTalks reserves the right to terminate any account that it finds in violation of its Terms of Use by receiving abuse complaints higher than allowed.

Federal Regulation Compliance

You are responsible for complying with the CAN-SPAM federal regulation. You are also responsible for supplying an Unsubscribe link in the event that your email is required to under the Federal CAN-SPAM regulation.

No Warranties or Representations

You understand and agree that the Service is provided "as is" and DesignTalks, its affiliates, suppliers and resellers (if applicable) expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement or bailment of your data on DesignTalks' servers. DesignTalks, its affiliates, suppliers and resellers (if applicable) make no warranty or representation regarding the results that may be obtained from the use of the Service, the security of the Service, or that the Service will meet any user's requirements. Use of the Service is at YOUR sole risk. You will be solely responsible for any damage to YOU resulting from the use of the Service. The entire risk arising out of use, security or performance of the Service remains with YOU. Without limiting the foregoing, the Service is not designed or licensed for use in hazardous environments requiring fail-safe controls, including without limitation operation of nuclear facilities, aircraft navigation/communication systems, air traffic control, and life support or weapons systems.

Limitation of Liability

In no event shall DesignTalks be liable for any direct, indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, loss of profits, or loss of data) whether in an action in contract, tort (including but not limited to negligence), equity or otherwise, arising out of or in any way connected with the use of or inability to use the Service or the materials therein or resulting from unauthorized access to or alteration of data.

Termination of Service

You acknowledge and agree that once you register for the Service, you do not have the option of canceling your account. You can choose to stop your use of the Service at any time without penalty. We reserve the right to terminate your account at anytime. In the event of account termination, you will no longer have access to your account and will lose all data related to YOUR account.

Conditions

We may modify or terminate our services at anytime, for any reason, and without notice. We reserve the right to modify these Terms of Service at any time without notice. Please review these Terms of Service on occasion as they may change in the future.

DesignTalks does not endorse any content, opinion, recommendation, or advice expressed via the Service, and DesignTalks expressly disclaims any and all liability in connection with content and/or material posted by any user via the Service. We may, but have no obligation to, remove accounts and content containing what we determine as unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable material.

DesignTalks does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and DesignTalks will remove all content and material if properly notified that such content or matierial infringes on another's intellectual property rights. To file a copyright infringement notification, please send a written communication that includes substantially the following (see Section 512(c)(3) of the Digital Millennium Copyright Act): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, including the email address of the DesignTalks user allegedly infringing the copyrighted work; (iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (v) A statement that the complaining party has 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 (vi) 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. Such takedown notices may be emailed to Hello@getDesignTalks.com.

DesignTalks reserves the right to remove content and material without prior notice. DesignTalks may also terminate a user's access to the Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had content and/or material removed from the Service more than twice. An annoying person is anyone who is (capriciously or not) determined to be annoying by authorized DesignTalks employees and agents. An account terminated by DesignTalks will not be backed-up for any reason and will be immediately deleted from our servers.

DesignTalks also reserves the right to decide whether content or material is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. DesignTalks may remove such content and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

Intellectual Property

DesignTalks claims no intellectual property rights over the material you provide to the Service. The design of the Service along with DesignTalks created text, scripts, graphics, interactive features and the like, and the trademarks, service marks and logos contained therein ("Marks"), are owned by DesignTalks. You acknowledge that DesignTalks owns all right, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by U.S. and international intellectual property laws. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of content and/or material of third parties obtained through the Service for any commercial purposes.

Use of Remarketing in Online Advertising

Third party vendors, including Google, show DesignTalks ads on sites on the Internet.

Third party vendors, including Google, use cookies to serve ads based on a user's prior visits to this website.

Users may opt out of Google's use of cookies by visiting the Google advertising opt-out page. Alternatively users may opt out of a third party vendor's use of cookies by visiting the Network Advertising Initiative opt out page.

Users with questions about this Agreement or the Privacy Policy may contact DesignTalks at Hello@getDesignTalks.com.