Description of Service
DesignCampus.com (this “Site”) is one of a family of associated websites created by Design Camp, LLC, a limited liability company organized and existing under the laws of the State of California (“Design Campus”). This Site is a social networking site designed for adults and kids 13 years of age and older and their parents. This Site’s services include video courses, training documents, community forums, blogs and other services that may be offered from time to time.
Acceptance of Terms
By using this Site or any other Design Campus services, you agree to adhere to these Terms and Conditions of Use (these “Terms and Conditions”). Design Campus reserves the right to modify these Terms and Conditions without notice. If you do not agree to these Terms and Conditions, you cannot use this Site. Design Campus may from time-to-time update these Terms and Conditions without notice. The most recent terms are located at www.DesignCampus/terms-of-use. You should revisit this page occasionally to review the terms and conditions.
There may also be Design Campus products and services that have posted rules and regulations. These rules and regulations, when they appear, should be considered to be part of these Terms and Conditions.
If you are under the age of eighteen (18), you may use this Site only with the involvement of your parent or guardian. Make sure you review these Terms and Conditions with your parent or guardian so that you both understand all of your rights and responsibilities. Subject to the laws of your state of residence, minor children 13 years and older may utilize this Site with an account established by their parent or legal guardian. CHILDREN UNDER THE AGE OF 13 ARE PROHIBITED FROM USING THIS SITE.
In the event that you permit your minor child or legal ward (collectively, your “Child”) to use an account on this Site or any other Design Campus website, you hereby agree to these Terms and Conditions on behalf of yourself and your Child, and you understand and agree that you will be responsible for all uses of the Site by your Child whether or not such uses were authorized by you. If you are a parent and believe that your child is using this Site without your permission, please contact our designated agent at email@example.com or by mail to Design Campus, 151 Kalmus Drive, Suite L-5, Costa Mesa, California 92629, Attn: Director of Business Development.
Design Campus provides a general membership account. By using our services you agree to our right to change the account structure, services offered, pricing, or any other aspect of the service at any time.
Design Campus Intellectual Property
The content, arrangement and layout of this Site, including, but not limited to, the trademarks, service marks, package designs, text, art work, graphics, images, buttons, screen shots, music, digitally-downloadable files, other content, and the compilation of the foregoing (”Content”) are the property of Design Campus, except where otherwise noted, and are protected from copying, imitation, communication, or simulation under domestic and international laws and are not to be reproduced, communicated, displayed, distributed, or transmitted without the express written permission of Design Campus.
This Site may also contain references to other company brands and product names. These company brands and product names are used herein for identification purposes only and may be the trademarks of their respective owners. The images of people or places displayed, forms, structures, and graphics displayed or found within this Site are either the property of Design Campus, or used with permission. Design Campus may be, but is not necessarily sponsored by or affiliated with any owners of the other company brands and product names appearing on this Site, and makes no representations about them, their owners, their products or services.
Any unauthorized use of the materials, structure, sequence, arrangement, or design of this Site, or trademarks, service marks, or trade dress found within the this Site may violate civil or criminal laws, including, but not limited to, copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. By visiting this Site you understand and acknowledge that you do not acquire or obtain by implication or otherwise, any license or right to use or make additional copies of any Content or other materials or information displayed on this Site. You agree not to display or use any Content or third-party content located on this Site in any publications, in public performances, for any commercial purpose, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Design Campus, or its licensors, that dilutes the strength of Design Campus or its licensor’s property, or that otherwise infringes Design Campus or its licensor’s intellectual property rights.
Any rights not expressly granted by these Terms and Conditions are reserved by Design Campus.
You understand and agree that you have no ownership rights in your account with this Site or any other account with Design Campus. Design Campus may cancel your account and delete all content associated with your account at any time, and without notice, if we deem that you have violated the terms of this agreement, or for any other reason. Design Campus assumes no liability for any information removed from our site for violating these Terms and Conditions.
You may also cancel your account at any time. This cancellation takes effect immediately. After a cancellation, all content associated with your account will no longer be accessible, but your content may persist and appear within the Site (for example, if your content has been reposted by others). We reserve the right to permanently restrict access to our products and services to members who have had their accounts cancelled.
Security of User Name and Passwords
Accounts on this Site are protected by username and passwords. You agree to keep your password secure and not to disclose it to anyone. You also agree not to solicit or use another member’s account and password. You are solely responsible for any and all use of your account. We reserve the right to force a forfeiture of a username for any reason.
Rules of Use
Users of this Site agree to not do any of the following:
- Create, upload, transmit or make available in any way any material that harms children in any way.
- Solicit personal information from any member.
- Create, upload, transmit or make available in any way any text, messages, images, or files that are derogatory, defamatory, abusive, threatening, vulgar, obscene, bigoted, hateful, racially offensive, insulting or that violates any person’s privacy (including but not limited to posting pictures, full names, E-mail addresses, addresses, or phone numbers).
- Use this Site to transmit junk mail, chain letters, unsolicited mass E-mail, spam, spim, or comment spam.
- Post information that you know is false, misleading, or that promotes illegal activity.
- Use this Site to promote any products or services (whether for profit or not for profit), or solicit others for commercial products or services of any kind, except with the prior written consent of Design Campus.
- Impersonate any person or misrepresent yourself or your association with any person or group.
- Defame, stalk, bully, abuse, harass, threaten, or intimidate people or entities.
- Create, upload, transmit or make available in any way any content that violates any third party’s legal rights, or any domestic or international law or regulation.
- Upload, transmit, or make available in any way any content that you do not have the right to transmit under any law, contract, or fiduciary agreement.
- Create, upload, transmit or make available in any way any files, computer codes, or software programs that contain software viruses or any other type of harmful material that is intended to disrupt, destroy, or limit the functionality of computer or network hardware or software products or services.
- Interfere, disrupt, or create an undue burden on any network services provided by Design Campus.
You are solely responsible for your interaction with other users of this Site, whether online or offline. You agree that Design Campus is not responsible or liable for the conduct of any user.
We reserve the right to remove any material or cancel the account of any person we determine violates any of these Terms and Conditions. We also reserve the right to turn over to law enforcement personnel any content created, uploaded, transmitted, distributed or made available in any way on this Site that we deem may be in violation of these Terms and Conditions or any applicable law. Furthermore, we reserve the right to prosecute fraudulent orders.
If you believe that content on this Site infringes upon your intellectual property rights, please contact our designated agent at firstname.lastname@example.org or by mail to Design Campus, 151 Kalmus Drive, Suite L-5, Costa Mesa, California 92629, Attn: Director of Business Development. In your correspondence, you must include your name, the work you believe has been infringed along with any relevant registration numbers, identification of the work on this Site that you believe infringes your work, your contact information, confirmation that you have a good faith belief that the material you are concerned about was not authorized by the rights owner, confirmation that the information you are submitting to us is accurate and under penalty of perjury you are authorized to act on behalf of the rights holder, and your signature. Our agent information is provided pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. § 512(c)(2). Our designated agent will respond only to these trademark or copyright issues; for general questions please E-mail email@example.com.
Furthermore, you agree that you will not post any content that infringes on any copyright, privacy or publicity right, patent, trademark, trade secret, or any other proprietary right of any party. You may not use, copy, transmit, publish, distribute, modify, broadcast, or sell any content published on this Site that was not created by you.
You acknowledge that Design Campus does not prescreen content but that Design Campus and its designees have the right (but not the obligation) to remove or refuse to remove any content on this Site. Design Campus also has the right to remove any content that violates these Terms and Conditions. You agree to that you will be solely responsible for all risks associated with the use of this content, including the accuracy, completeness or useful of this content.
It is Design Campus’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Design Campus does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Design Campus is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you
Links or Pointers to Other Sites
Design Campus makes no representations whatsoever about any other website that you may access though this Site. When you access a non-Design Campus website, please understand that it is independent from Design Campus, and that Design Campus has no control over the content on that website. In addition, a hyperlink to a non-Design Campus website does not mean that Design Campus endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses, and other items of a destructive nature.
WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY, CONTENT, OR AVAILABILITY OF INFORMATION FOUND ON SITES THAT LINK TO OR FROM ANY DESIGN CAMPUS SITE. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Design Campus site or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
Limitations on Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DESIGN CAMPUS SHALL NOT BE LIABLE 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 DESIGNCAMPUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THIS SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THIS SITE; OR (v) ANY OTHER MATTER RELATING TO THIS SITE OR THE PRODUCTS AND SERVICES OFFERED ON THIS SITE.
YOU AGREE THAT ANY CLAIM YOU MAY HAVE ARISING OUT OF YOUR USE OF THIS SITE OR RELATED TO YOUR RELATIONSHIP WITH DESIGNCAMPUS, MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, YOUR CLAIM IS PERMANENTLY BARRED.
You agree to indemnify and hold Design Campus and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your posted content, your use of this Site, your connection to this Site, your violation of the Terms and Conditions, or your violation of any rights of another, whether you are a registered user or not. Each user is solely responsible for his or her actions when using this Site, including, but not limited to, costs incurred for Internet access.
THE MATERIALS IN THE COMPANY’S WEBSITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON ANY COMPANY SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY COMPANY SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON ANY COMPANY SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Choice of Law and Venue
These Terms and Conditions are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Orange in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney’s fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
These Terms and Conditions are effective as of November 10, 2015.
Contacting Us About These Terms
If you have any questions about these Terms and Conditions, or wish to report violators of these Terms and Conditions, please contact firstname.lastname@example.org.