Welcome to Design League Co. Design League is an online platform dedicated to wedding and event design. We bring together event professionals, sellers of goods, and design enthusiasts. Through Design League, people can find or offer design ideas, advice, products and services related to wedding and event design.
We refer to the e-commerce marketplace on the Design League Platform as the "Design League Shop." If you visit or make a purchase or sale through the Design League Shop through www.DesignLeague.co or the related mobile app experience, or if you create an account on the Design League Platform, then this Agreement is also between you and Design League Shop. Design League Co., and Design League Shop are collectively referred to as "Design League," "we," or "us" in this Agreement.
These Terms provide important information to you, including your agreement under Section 8 to resolve any disputes by individual arbitration and to waive the right to participate in any kind of class action, unless you choose to opt-out as described in Section 8 below. The Terms also cover your agreement to grant us rights to your content, our limitation of liability to you and, if you choose to provide us with your phone number, your agreement to receive calls and text messages from us in accordance with applicable law. By agreeing to these Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and that you waive your right to participate in class actions, class arbitrations, or any type of representative actions.
We encourage you to review this Agreement carefully. By accessing or using the Design League Platform in any way, including browsing www.designleague.co, you are agreeing to these Terms in their entirety. If you do not agree to any of the Terms, you may not use the Design League Platform.
2. Your Content.Definition of Your Content The Design League Platform enables you to post materials, including without limitation photos, profile pictures, messages, comments, proposals, invoices, to-do lists, schedules, color palettes, and Design Decks. You may also post reviews of third-party service providers, third-party products, or third-party services. All materials that you post on the Design League Platform will be referred to collectively as "Your Content."License and Permission to Use Your Content You hereby grant to us and our affiliates, licensees and sublicensees, without compensation to you or others, a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute Your Content, or any portion thereof, throughout the world in any format, media or distribution method (whether now known or hereafter created) for the duration of any copyright or other rights in Your Content. Such permission will be perpetual and may not be revoked for any reason, to the maximum extent permitted by law. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in Your Content. If you identify yourself by name or provide a picture or audio or video recording of yourself, you further authorize us and our affiliates, licensees and sublicensees, without compensation to you or others, to reproduce, print, publish and disseminate in any format or media (whether now known or hereafter created) your name, voice and likeness throughout the world, and such permission will be perpetual and cannot be revoked for any reason, except as required by applicable law. You further agree that we may use Your Content in any manner that we deem appropriate or necessary.Ownership We acknowledge and agree that you, or your licensors, as applicable, retain ownership of any and all copyrights in Your Content, subject to the non-exclusive rights granted to us in the paragraph above, and that no ownership of such copyrights is transferred to us under this Agreement. Further, with respect to Your Content in the form of photos, and subject to Design League product and user experience considerations: (a) we will use commercially reasonable efforts to maintain the attribution of such photos as submitted by you, and (b) we will not license or sublicense to third parties individual photos or collections of photos, except in each case for Design League Business Purposes. "Design League Business Purposes" means any use in connection with a Design League-branded or co-branded website, application, publication or service, or any use which advertises, markets or promotes the Design League Platform, the services or the information it contains, Design League, or its affiliates. Design League Business Purpose specifically includes the use of Your Content on the Design League Platform in connection with features and functions offered by Design League to our users that enable them to view and interact with Your Content.Your Responsibilities for Your Content By posting, uploading, or submitting Your Content on the Design League Platform, you represent and warrant to us that you have the ownership rights, or you have obtained all necessary licenses or permissions from any relevant parties, to use Your Content in this manner. This includes obtaining the right to grant us the rights to use Your Content in accordance with this Agreement. You are in the best position to judge whether Your Content is in violation of intellectual property or personal rights of any third-party. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others in connection with Your Content. You are responsible for ensuring that Your Content does not violate Design League's Acceptable Use Policy, Design League Pro Services Terms and Conditions, Prohibited Products Policy, Copyright and Trademark Policy, or any applicable law or regulation. You agree to pay all royalties, fees, and any other monies owed to any person by reason of Your Content.Limits We reserve the right to remove Your Content, in whole or part, for any reason (which may include a reported violation of our Acceptable Use Policy, Design League Pro Services Terms and Conditions, Prohibited Products Policy, or Copyright and Trademark Policy). We reserve the right to remove Your Content, in whole or in part, submitted by you for any reason without notice. We do not guarantee that we will publish all of Your Content. If you seek to publish a review, the requirements will be governed by our Review Policy.
5. Reporting Violations of Your Intellectual Property Rights, Design League Policies, or Applicable Laws.We have a special process for reporting violations of your intellectual property rights or other violations of Design League policies or applicable laws
- Copyright and Trademark Policy. We have adopted and implemented a Copyright and Trademark Policy. For more information, including detailed information about how to submit a request for takedown if you believe content on the Design League Platform infringes your intellectual property rights, please read our Copyright and Trademark Policy. For your convenience, we provide you a Copyright or Trademark Infringement Claim Form, which you should use for fastest processing.
We have no obligation to delete content that you personally may find objectionable or offensive We endeavor to respond promptly to requests for content removal, consistent with our policies described above and applicable law.
- Reports of Other Violations. If you believe content on the Design League Platform violates Design League's Acceptable Use Policy, Prohibited Products Policy, or otherwise violates applicable law, you may submit the following Infringement Claim Form (for claims other than copyright or trademark).
6. Disclaimers and Limitations of Liability.PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF Design League Co ENTITIES TO YOU.
THE 'Design League ENTITIES' MEANS Design League Co., Design League SHOP, AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:
- WE ARE PROVIDING YOU THE Design League PLATFORM, SERVICES, INFORMATION, PRODUCTS, PRODUCT DESCRIPTIONS, AND THIRD-PARTY CONTENT ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE Design League ENTITIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
- THE Design League ENTITIES MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOR: (i) CONTENT POSTED BY ANY THIRD-PARTY ON THE Design League PLATFORM, (ii) THE PRODUCT DESCRIPTIONS OR PRODUCTS, (iii) THIRD-PARTY SITES AND ANY THIRD-PARTY PRODUCT OR SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SITE, (iv) PLANTS OR SEEDS FROM THE EXCHANGES, AND (v) THE QUALITY OR CONDUCT OF ANY THIRD-PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SITE.
- YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, THE Design League ENTITIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT THE Design League ENTITIES SPECIFICALLY WILL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF THE Design League ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF AND IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE Design League PLATFORM OR PRODUCTS OR (ii) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (A) ONE-HUNDRED DOLLARS (USD$100) OR (B) THE AMOUNTS PAID OR PAYABLE BY YOU TO Design League IN CONNECTION WITH THE Design League PLATFORM IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM. YOUR USE OF THE Design League PLATFORM, PRODUCTS, INFORMATION, OR SERVICES IS AT YOUR SOLE RISK.
7. Indemnification.You agree to fully indemnify, defend, and hold the Design League Entities and their directors, officers, employees, consultants, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from: (a) your breach of any part of this Agreement, including but not limited to the Acceptable Use Policy and Prohibited Products Policy; (b) any allegation that any materials you submit to us or transmit to the Design League Platform infringe or otherwise violate the copyright, patent, trademark, trade secret, or other intellectual property or other rights of any third party; (c) your activities in connection with the Design League Platform or other websites to which the Design League Platform is linked; and/or (d) your negligent or willful misconduct
8. Governing Law and Jurisdiction.If you have a dispute with Design League, you agree to contact us through https://help Design League.co to attempt to resolve the issue informally first. If we are not able to resolve the dispute informally, then this section will govern any legal dispute that arises out of or relates to the Design League Platform or involves our services.Binding Arbitration You and Design League agree that any dispute, claim or controversy arising out of or relating to this Agreement or to your use of the Design League Platform (collectively 'Disputes') will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. This means that you and Design League both agree to waive the right to a trial by jury. Notwithstanding the foregoing, you may bring a claim against Design League in 'small claims' court, instead of by arbitration, but only if the claim is eligible under the rules of the small claims court and is brought in an individual, non-class, and non-representative basis, and only for so long as it remains in the small claims court and in an individual, non-class, and non-representative basis.Class Action Waiver You and Design League agree that any proceedings to resolve Disputes will be conducted on an individual basis and not in a class, consolidated, or representative action. This means that, in connection with any Dispute, you and Design League both agree to waive the right to participate as a plaintiff as a class member in any class action proceeding. Further, unless you and Design League agree otherwise in writing, the arbitrator in any Dispute may not consolidate more than one person's claims and may not preside over any form of class action proceeding.Arbitration Administration and Rules The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (if you use the Design League Platform as a consumer) or Commercial Arbitration Rules (if you are a professional, vendor, seller or other business), as applicable and then in effect (the "AAA Rules"), except as modified by this "Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org).Arbitration Process A party who desires to initiate the arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the AAA's roster of arbitrators with relevant experience. If the parties are unable to agree upon an arbitrator within 7 days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with AAA Rules.Arbitration Location and Procedure The seat of the arbitration shall be in San Francisco, California, unless you and Design League agree otherwise or the AAA Rules or AAA Consumer Due Process Protocol, as applicable, provide otherwise. If your claim does not exceed USD$10,000, then the arbitration will be conducted solely on the basis of documents you and Design League submit to the arbitrator, unless you request a hearing and the arbitrator then determines that a hearing is necessary. If your claim exceeds USD$10,000, your right to a hearing will be determined by AAA Rules. Subject to AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration. Hearings may be conducted by telephone or video conference, if requested and agreed to by the parties.Arbitrator's Decision and Governing Law The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized by law. The arbitrator will render an award within the timeframe specified in the AAA Rules. Judgment on the arbitration may be entered in any court having jurisdiction thereof. Any award of damages by an arbitrator must be consistent with the 'Disclaimers and Limitations of Liability' section above. The arbitrator may award declaratory or injunctive relief in favor of the claimant only to the extent necessary to provide relief warranted by the claimant's individual claim.Fees Each party's responsibility to pay the arbitration filing, administrative and arbitrator fees will depend on the circumstances of the arbitration and are set forth in the AAA Rules.Opt-Out You have the right to opt out of the arbitration provisions of Section 8 by sending a written notice of your decision to opt out to the following address: 1459 18th St, Suite 118San Francisco CA 94107 USA, Attention: Design League Legal Department The notice must be postmarked within 30 days of the later of: (i) the date that you first agreed to the Terms; and (ii) the date that you became subject to this provision under Section 8(h). You must include all of the following in the written notice: (1) your name and mailing address; (2) the email address associated with your account; and (3) a clear statement that you want to opt out of this Agreement’s arbitration agreement.If you have a dispute with another user on the Design League Platform or with any third party, you agree that Design League is under no obligation to become involved In the event that you have a dispute with one or more other users, you release Design League, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or the Design League Platform. As part of this release, you expressly waive any protections (whether statutory or otherwise) that would otherwise limit this release to only include those claims that you may know or suspect to exist in your favor at the time of agreeing to this release.
9. Communications.You are not required to agree to receive promotional text messages, calls or pre-recorded messages as a condition of using the Design League Platform By electing to submit your phone number to us and agreeing to these Terms, you agree to receive communications from the Design League Entities, including via text messages, calls, pre-recorded messages, and push notifications, any of which may be generated by automatic telephone dialing systems. These communications include, for example, operational communications concerning your account or use of the Design League Platform, updates concerning new and existing features on the Design League Platform, communications concerning promotions run by us or third parties, and news relating to the Design League Platform and industry developments. Standard text message charges applied by your telephone carrier may apply to text messages we send. If you submit someone else’s phone number or email address to us to receive communications from the Design League Entities, you represent and warrant that each person for whom you provide a phone number or email address has consented to receive communications from Design League.If you wish to stop receiving promotional emails or promotional text messages, we provide the following methods for you to opt-out or unsubscribe: (a) follow the instructions we provide in the email or initial text message for that category of promotional emails or text messages or (b) if you have an account on the Design League Platform, you may opt-out or unsubscribe using your settings
10. Miscellaneous.Notice for California Users Under California Civil Code Section 1789.3, California users of the Design League Platform are entitled to the following specific consumer rights notice: The services are provided by Design League Co.,1459 18th St, Suite 118, San Francisco CA 94107, United States. If you have a question or complaint regarding the Service, please contact Design League at legal@DesignLeague.co or by writing to our mailing address. California residents may reach the Consumer Assistance Unit of the Consumer Information Division of the California Department of Consumer Affairs, which may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or hearing impaired persons may dial 711, 1-800-735-2929 (TTY), or 1-800-735-2922 (Voice) for California Relay Service.Supplemental Terms for Certain Services Certain services offered on the Design League Platform may require you to enter into a separate agreement and/or be subject to additional terms. For example: placement of advertisements, participation in brand services, offering products for sale in the Design League Shop, or use of Designer each require you to enter into a separate agreement with terms specific to that service. In the event of any conflict between this Agreement and the terms of that separate agreement, the terms of this Agreement will control.Application Provider Terms If you access the Design League Platform through a Design League application, you acknowledge that this Agreement is between you and Design League only, and not with another application service or application platform provider (such as Apple, Co. or Google Co.), which may provide you the application subject to its own terms.Controlling Law and Jurisdiction This Agreement will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to their conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a federal or state court located in San Francisco, California for any actions for which the arbitration provision, as set forth in Section 8, does not apply.Export The Design League Platform is controlled and operated from our United States offices in California. Design League software is further subject to United States export controls. No software for Design League may be downloaded or otherwise exported or re-exported in violation of any applicable laws or regulations. You also represent that you are not (1) located in a country that is subject to a U.S. government embargo, and (2) listed on any U.S. government list of prohibited or restricted parties.Changes We reserve the right to:
i. change the terms of this Agreement, consistent with applicable law;
ii. change the Design League Platform, including eliminating or discontinuing any information or services or other features in whole or in part; and
iii. deny or terminate your Design League account, or use of and access to the Design League Platform.