We may make changes to these Terms from time to time at our sole discretion, by updating the revised Terms here and specifying the effective date of the new version of the Terms. Your use of the Portal following the posting of a new version of the Terms constitutes your acceptance of any such changes.
This Portal contains a variety of information and content, including: (1) confidential and copyrighted material, such as information, text, directories, graphics, photographs, illustrations, images, video and audio clips, sound clips, advertising and promotional materials, data, software, compilations, designs, graphical interface, and overall “look and feel,” (2) trademarks, logos, trade names, service marks, and trade identities, whether registered or unregistered (collectively the “Trademarks”), and (3) other forms of information and intellectual property (all of the foregoing collectively and individually are referred to as “Content”).
All right, title, and interest in and to the Content available via the Portal is the property of the Studio or its licensors, and is protected by U.S. copyright, trademark, patent, or other proprietary rights and laws as defined in the West 7th Design Studio Design Contract. You may not copy or otherwise use any of the Content except as expressly authorized by these Terms, as applicable.
The Portal will provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Portal, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively and individually referred to as “Contributions”). Contributions may be viewable by other authorized users of the Portal with access to your project. When you create or make available any Contributions, you thereby represent and warrant that:
By posting your Contributions to any part of the Portal, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, publish, broadcast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for the purposes of completing your project as well as commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
The Studio does not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Portal. You are solely responsible for your Contributions to the Portal and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Portal; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
You may not access or use the Portal for any purpose other than that for which we make the Portal available – client communication and business services and lawful purposes, and you agree that you shall at all times comply with all applicable laws, statutes, rules, regulations, ordinances and the like applicable to your use of the Portal. Except to the extent otherwise expressly written consent of the Studio, you may not use any Content available via the Portal in any manner except for decision making purposes with your stakeholders or other applicable persons. Any unauthorized use of any Content from the Portal may violate copyright laws, trademark laws, privacy laws and/or other laws or regulations as well as violate the terms agreed upon in the West 7th Design Studio Design Contract.
As a user of the Portal, you agree not to:
You will use the Portal only with your User ID and password and you will not impersonate any person or entity, or falsely state or otherwise misrepresent your identity or any information you submit to the Portal. You agree to provide true, accurate, current, and complete information about yourself, and, as permitted, to maintain and update it continuously and promptly to keep it true, accurate, current, and complete.
You agree to accept responsibility for all activities that occur under your Username and Password. You are responsible for maintaining the confidentiality of your Password, and for restricting access to your computer so that others may not access the Portal in your name and under your Username and Password. You agree to immediately notify us of any unauthorized use of your Username or Password or any other breach of security. We shall not be liable for any loss or damage arising from your negligence or failure to comply with any of the foregoing obligations.
The Portal may provide links to other web sites and/or resources (including advertisements) that we do not maintain or are not under our control (“Third Party Web Sites”). Your dealings with such Third Party Web Sites are solely between you and such third parties. We are not responsible for, and we make no representations or warranties with respect to, the content, products, services, personal information practices, ownership, or legality of any such linked Third Party Web Site unless expressly stated by us. Your use of such Third Party Web Sites is subject to the terms and conditions established by such third parties, and we encourage you to review their user terms and privacy policies before you use their services. Your access to and use of such Third Party Web Sites is solely at your own risk, and you agree that we will neither be responsible nor liable for any loss or damage of any sort that you may suffer as the result of your dealings with such Third Party Web Sites.
We reserve the right to change, modify, or remove the contents of the Portal at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Portal. We also reserve the right to modify or discontinue all or part of the Portal without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Portal.
YOU UNDERSTAND AND AGREE THAT THE PORTAL AND ALL CONTENT ON IT IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” BASIS “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WEST 7TH DESIGN STUDIO EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND UNDERTAKINGS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER RIGHTS WHICH VARY BY JURISDICTION.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT WEST 7TH DESIGN STUDIO IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, ECONOMIC, OR PUNITIVE DAMAGES), WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO YOUR USE OF THIS PORTAL OR WITH THE DELAY OR INABILITY TO USE THIS PORTAL, OR FOR ANY INFORMATION, CONTENT, PRODUCTS, AND/OR SERVICES OBTAINED THROUGH THIS PORTAL, OR OTHERWISE ARISING OUT OF THE USE OF THIS PORTAL, EVEN IF WEST 7TH DESIGN STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT AND UNDER NO CIRCUMSTANCES WILL WEST 7TH DESIGN STUDIO BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN ANY AMOUNT.
BY AGREEING TO THE TERMS, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Visiting the Portal, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Portal, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE PORTAL. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
Any violation of these Terms (as determined by the Studio at its sole discretion) may result in restriction or termination of your access to all or part of the Portal and may be referred to law enforcement authorities. No waiver of any of these Terms shall be of any force or effect unless made in writing and signed by a duly authorized officer of West 7th Design Studio.
These Terms shall be governed by the laws of the State of Maryland, the United States of America and international copyright laws. You agree to submit to the jurisdiction of the State of Maryland for any and all disputes, claims and actions arising out of or in connection with the information provided to you herein.
If you have any questions or concerns with respect to these Terms or the Portal, you may contact us by email at email@example.com.
Your account access for the Portal is created using the information provided in the West 7th Design Studio Design Contract. The Portal web server may collect certain non-personal data, such as the address (or “URL”) of the web site that you came from before visiting the Portal, which pages you visit on the Portal, which browser you used to view the Portal, and your IP address. In connection with this, the Portal and any emails sent from the Portal may utilize cookies, web beacons, or similar technologies. A cookie is a small text file that is sent to your browser from a web server and is stored on your computer’s hard drive. A cookie is essentially your identification card when you return to the Portal. You can set your browser to reject the cookies, although rejecting cookies might affect your ability to use the Portal. A web beacon is a small, often invisible, graphic image included in a web page or email. We may use web beacons for many purposes, such as to count visitors to the Portal or to monitor how visitors navigate the Portal. The Studio does not share non-personal data with potential partners or other third parties.
We do not sell your information to third parties. We may, however, share data with third parties when necessary to fulfill a transaction, complete a service, for administrative purposes, or when required by law. Any data that is shared with third parties is used to meet the Studio’s commitments to you. Additionally, we will share your data if such sharing is required by law or to protect against potential or suspected fraud. Also, if West 7th Design Studio undergoes a merger, corporate reorganization, or all or part of our assets are sold or acquired by another party, your personal data may be shared. If you do not want us to share your personal data in these manners, please do not provide it to us.
Should you need to update your personal data, contact the Studio at firstname.lastname@example.org so that we may do so.
No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to us is done at your own risk. That said, once we receive your transmission, we have technical measures in place to help protect your data from loss, manipulation, unauthorized access, etc. We continually adapt our security measures in line with technological progress and developments. We protect your data using encryption using Secure Sockets Layer (SSL). SSL is a function that encrypts all information sent between you and the Studio, including card information, so that card details cannot be read by external parties.
By using the Portal, you agree that all legal notices may be delivered via email to the email address in your account profile. It is your responsibility to inform us in the event your email address changes so we may update your account. The Studio is not liable for unreceived notices due to a non-working, or a non-current email address. Please contact us to update your information if necessary. By using the Portal you forego the right to written mailed notices. Please email us at email@example.com if you have any questions regarding this electronic notice policy.