Terms of Service

The current Terms of Service are printed below. 

 

Dear Designneeds Customer:

The following Terms of Service ("TOS") is a legal agreement between you or the employer or other entity on whose behalf you are entering into this agreement ("you" or "Customer") and Designneeds (as such term is defined in Part V Section 24 below) and sets forth the rights and obligations with respect to any Content licensed by you.

Please revisit this TOS when you purchase any Content licenses. Designneeds reserves the right to modify the TOS at any time in its sole discretion. Prior to such changes becoming effective, Designneeds will use reasonable efforts to notify you of any such change. Such notice may be made by email to the email address on file in your Designneeds account, an announcement on this page, your login page, and/or by other means. Modifications to this TOS will only apply to prospective purchases (including any automated renewals). By licensing Content following any such modifications, you agree to be bound to the TOS as modified.

THIS IS A SINGLE SEAT LICENSE AUTHORIZING ONE NATURAL PERSON TO LICENSE, DOWNLOAD AND USE CONTENT, NO OTHER PERSONS (INCLUDING EMPLOYEES, CO-WORKERS OR INDEPENDENT CONTRACTORS) MAY ACCESS YOUR ACCOUNT OR USE CONTENT LICENSED THROUGH YOUR ACCOUNT.

DESIGNNEEDS GRANTS ACCESS AND USAGE RIGHTS TO ONE PERSON PER PURCHASE.

"Content" means all blueprints available for license from the Designneeds website.

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PART I – BLUEPRINT LICENSES

1. Designneeds hereby grants you a non-exclusive, non-transferable right to use, modify (except as expressly prohibited herein) and reproduce the blueprints worldwide, in perpetuity, as expressly permitted by the applicable license and subject to the limitations set forth herein:

   1. BLUEPRINT LICENSES

      1. THE LICENSE grants you the right to use blueprints:

         1. Printed in physical form for your own use;

         2. For your own personal, non-commercial use (not for resale, download, distribution, or any commercial use of any kind)

2. RESTRICTIONS ON USE OF BLUEPRINTS
   YOU MAY NOT:

   1. Use blueprints other than as expressly provided by the license you purchased with respect to such blueprints.

   2. Resell, redistribute, provide access to, share or transfer any blueprints except as specifically provided herein. For example and not by way of limitation, the foregoing prohibits displaying blueprints as, or as part of, a "gallery" of content through which third parties may search and select from such content.

   3. Use blueprints in a manner that infringes upon any third party's trademark or other intellectual property, or would give rise to a claim of deceptive advertising or unfair competition.

   4. Use blueprints (in whole or in part) as a trademark, service mark, logo, or other indication of origin, or as part thereof.

   5. Falsely represent, expressly or by way of reasonable implication, that any blueprints were created by you or a person other than the copyright holder Barbara Borko s.p.

3. CREDIT AND COPYRIGHT NOTICES

   1. The use of Images and blueprints in connection with news reporting, commentary, publishing, or any other "editorial" context, shall be accompanied by an adjacent credit to the Designneeds.

   2. In all cases the credit and attribution shall be of such size, color and prominence so as to be clearly and easily readable by the unaided eye.

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PART II - WARRANTIES AND REPRESENTATIONS

1. Designneeds warrants and represents that:

   1. Images and blueprints in its original unaltered form and used in full compliance with this TOS and applicable law, will not: i) infringe any copyright, trademark or other intellectual property right; ii) violate any third parties' rights of privacy or publicity; iii) violate any US law, statute, ordinance, or regulation; or iv) be defamatory, libelous, pornographic or obscene.

2. Designneeds MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER OTHER THAN THOSE EXPRESSLY MADE IN THIS "WARRANTIES AND REPRESENTATIONS" SECTION.

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PART III - INDEMNIFICATION AND LIABILITY

1. Subject to the terms hereof, and provided that you have not breached the terms of this or any other agreement with Designneeds, Designneeds will defend, indemnify, and hold you harmless up to the applicable "Limit of Liability" set forth below. Such indemnification is solely limited to Customer’s direct damages arising from a third-party claim directly attributable to Designneeds’s breach of the express warranties and representations made in Part III hereof, together with associated expenses (including reasonable attorneys’ fees). Indemnification is conditioned upon you notifying Designneeds, in writing, of any such claim or threatened claim, no later than five (5) business days from the date you know or reasonably should have known of the claim or threatened claim. Such notification must include all details of the claim then known to you (e.g., the use of Content at issue, the name and contact information of the person and/or entity making the claim, copies of any correspondence received and/or sent in connection with the claim). The notification must be emailed to Designneeds at hello@barbaraborko.com, with a hard copy to Barbara Borko s.p., Mejna 40a, 2000 Maribor, Slovenia, Attention: General Counsel, via certified mail, return receipt requested; or ii) overnight courier, recipient’s signature required. Designneeds shall have the right to assume the handling, settlement or defense of any claim or litigation to which this indemnification applies. You agree to cooperate with Designneeds in the defense of any such claim and shall have the right to participate in any litigation at your own expense. You agree that Designneeds is not liable for any legal fees and/or other costs incurred by you or on your behalf prior to Designneeds having a reasonable opportunity to analyze such claim’s validity.

2. Designneeds shall not be liable for any damages, costs or losses arising as a result of modifications made to the Content or due to the context in which you use the Content.

 

1. If you have questions about the foregoing, please contact Designneeds ( Email: hello@barbaraborko.com)

2. You will indemnify and hold Designneeds, employee harmless against any damages or liability of any kind arising from any use of the blueprints other than the uses expressly permitted by this TOS. You further agree to indemnify Designneeds for all costs and expenses that Designneeds incurs in the event that you breach any of the terms of this or any other agreement with Designneeds.

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PART IV - ADDITIONAL TERMS

1. Except when required by law, Designneeds shall be under no obligation to issue refunds under any circumstances. All fees are non-refundable, even if your subscription is terminated before its expiration. In the event that Designneeds determines that you are entitled to a refund of all or part of the fees you paid, such refund shall be made using the payment method originally used by you to make your purchase. If you reside in the European Union and you cancel your account within fourteen (14) days of making payment to Designneeds, provided that you have not yet downloaded or licensed blueprints, Designneeds, will refund the payment made by you in connection with such cancelled account. 

2. The fees charged by Designneeds are exclusive of taxes, and all such taxes, direct or indirect, shall be in addition to any fees related to the products you are buying. If Designneeds is required to collect indirect and/or transactional taxes (such as sales tax, value-added tax, goods and services tax, et al) under the laws of your state or country of residence, you shall be liable for payment of any such indirect tax. Where Designneeds or you are required to collect or remit direct or indirect taxes, you may be required to self-assess said tax under the applicable laws of your country of residence.

3. "Non-transferable" as used herein means that except as specifically provided in this TOS, you may not sell, rent, load, give, sublicense, or otherwise transfer to anyone, Content or the right to use Content. You may however, make a one-time transfer of Content to a third party for the sole purpose of causing such third party to print and/or manufacture your goods incorporating Content subject to the terms and conditions herein. If you become aware that any social media website uses any Content in a manner that exceeds your license hereunder, you agree to remove all derivative works incorporating Content from such Social Media Site, and to promptly notify Designneeds of each such social media website's use. You agree to take all commercially reasonable steps to prevent third parties from duplicating any Content. If you become aware of any unauthorized duplication of any Content please contact Designneeds. 

4. Upon notice from Designneeds or if you learn that blueprints is subject to a threatened or actual claim of infringement, violation of another right, or any other claim for which Designneeds may be liable, or if Designneeds removes any Content due to perceived business risk as determined in Designneeds's reasonable discretion and gives you notice of such removal, you will remove the Content from your computer systems and storage devices (electronic or physical) and, if possible, cease any future use of the removed Content at your own expense. Designneeds shall provide you with comparable Content (which comparability will be determined by Designneeds in its reasonable commercial judgment) free of charge, but subject to the terms and conditions of this TOS

5. Arbitration.

   1. Any controversy or claim arising out of or relating to this TOS, or the breach thereof, shall be settled by binding individual (not class) arbitration administered under the Commercial Arbitration Rules of the American Arbitration Association or of the International Centre for Dispute Resolution in effect on the date of the commencement of arbitration, rather than in court, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets. The place of arbitration shall be the state and county of Slovenia. The language of the arbitration shall be English. There shall be one arbitrator to be mutually agreed by the parties. Each party shall bear its own costs in the arbitration. Both parties agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack) (iii) any claim arising solely from Customer’s alleged failure to pay fees due to Designneeds. This arbitration provision will survive termination of this TOS.

   2. YOU AND DESIGNNEEDS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and DESIGNEEDS agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and Designneeds acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable disputes under this TOS.

   3. If a court decides that applicable law precludes enforcement of any of the limitations in this Part V, Section 7 as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

6. Neither party may assign this agreement, without the prior written approval of the other party, except that Designneeds may assign this agreement to a subsidiary, an affiliated company within the Designneeds group, the entity that results from a merger or other corporate reorganization involving Designneeds, or an entity that acquires all or substantially all of Designneeds’s assets or capital stock.

7. This TOS shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. This TOS is governed by and shall be construed in accordance with the laws of the applicable jurisdiction set forth in Section 5.24, without respect to its conflict of laws principles.

8. The number of blueprint downloads available to you is determined by the product you purchase. For the purposes of this TOS, a day is defined as the twenty four (24) hour period beginning at the time your product is purchased. A month is defined as a calendar month beginning on and including the date that you purchase your product and ending on that date which is the earlier of (i) the same date as your purchase in the following month or (ii) the last day of the following month. By way of example, if you purchase a monthly subscription on March 5, it will renew on April 5. If you purchase a monthly subscription on August 31, your subscription will renew on September 30.

9. Unless otherwise specified in the coupon, any coupon or discount code applied to a purchase hereunder shall apply only to the first payment made in connection with such purchase.

10. If any individual term of this TOS is found to be invalid or unenforceable by any legal or regulatory body of competent jurisdiction, such finding will be limited solely to such invalid or unenforceable part, without affecting the remaining parts of such individual term, or any other part of this TOS, so that this TOS shall otherwise remain in full force and effect.

11. It is expressly understood and agreed that this TOS is entered into solely for the mutual benefit of the parties herein and that no benefits, rights, duties, or obligations are intended by this TOS as to third parties.

12. Except as expressly set forth in the applicable license and warranties sections herein, Designneeds grants no rights and makes no further warranties. Designneeds only has model or property releases where expressly indicated on the Designneeds website.

13. Designneeds's liability under any individual license purchased hereunder shall not exceed the "Limit of Liability" applicable to the license in effect at the time you know or should have known of the claim, and is without regard to the number of times the subject Content is licensed or used by you.

14. Except as specifically provided in Part IV hereof, in no event, will Designneeds's total aggregate liability to you or any third party claiming through you, arising out of or in connection with your use of or inability to use the Designneeds websites and/or Content contained thereon (whether in contract, tort or otherwise) exceed the monetary amount actually received by Designneeds from you for the applicable Content license.

15. Neither Designneeds nor any of its officers, employees, managers, members, shareholders, directors or suppliers shall be liable to you or to any other person or entity for any general, punitive, special, indirect, consequential or incidental damages, or lost profits or any other damages, costs or losses arising out of your use of the blueprints, Designneeds’s breach of this agreement, or otherwise, unless expressly provided for herein, even if Designneeds has been advised of the possibility of such damages, costs or losses.

16. Except as expressly set forth in Part III, all Content is provided "as is" without warranty of any kind, either express or implied, including, but not limited to the implied warranties of non-infringement, merchantability, or fitness for a particular purpose. Some Content may contain elements that require additional clearance if the Content is modified or used in a particular context. If you make such modification or use Content in such context, you are solely responsible for obtaining any additional clearances thereby required.

17. Designneeds does not warrant that the Content, Designneeds websites, or other materials will meet your requirements or that use will be uninterrupted or error free. The entire risk as to the quality, performance and use of the Content is solely with you.

18. In the event that you use fraudulent credit card information to open an account or otherwise engage in any criminal activity affecting Designneeds, Designneeds will promptly file a complaint with www.ic3.gov, the internet crime complaint center, a partnership between the Federal Bureau of Investigation (FBI) and the National White Collar Crime Center.