Terms of Service
The following terms and conditions govern all use of the
design-foryou.com website and all content,
services and products available at or through the website (taken together, the Website). The Website is
owned and operated by design-foryou.com
("design-foryou.com"). The Website is offered subject to your
acceptance without modification of all of the terms and conditions contained herein and all other operating
rules, policies (including, without limitation,
may be published from time to time on this Site by
design-foryou.com (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part
the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree
to all the terms and conditions of this agreement, then you may not access the Website or use any services.
If these terms and conditions are considered an offer by design-foryou.com, acceptance is expressly
limited to these terms. The Website is available only to individuals who are at least 13 years old.
Your design-foryou.com Account and Site.
If you create a blog/site on the Website, you are responsible for maintaining the security of your
account and blog, and you are fully responsible for all activities that occur under the account and any
other actions taken in connection with the blog. You must not describe or assign keywords to your blog
in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of
others, and design-foryou.com may change or remove any
description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause
design-foryou.com liability. You must immediately notify
design-foryou.com of any unauthorized uses of your blog,
your account or any other breaches of security.
design-foryou.com will not be liable for any acts or
omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors.
If you operate a blog, comment on a blog, post material to the Website, post links on the Website,
otherwise make (or allow any third party to make) material available by means of the Website (any
such material, "Content"), You are entirely responsible for the content of, and any harm resulting
from, that Content. That is the case regardless of whether the Content in question constitutes text,
graphics, an audio file, or computer software. By making Content available, you represent and
- the downloading, copying and use of the Content will not infringe the proprietary rights,
including but not limited to the copyright, patent, trademark or trade secret rights, of any
- if your employer has rights to intellectual property you create, you have either (i) received
permission from your employer to post or make available the Content, including but not limited
to any software, or (ii) secured from your employer a waiver as to all rights in or to the
- you have fully complied with any third-party licenses relating to the Content, and have done all
things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other
harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not
contain unethical or unwanted commercial content designed to drive traffic to third party sites
or boost the search engine rankings of third party sites, or to further unlawful acts (such as
phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals
or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on
newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another
person or company. For example, your blog's URL or name is not the name of a person other than
yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or
described the type, nature, uses and effects of the materials, whether requested to do so
by design-foryou.com or otherwise.
By submitting Content to design-foryou.com for inclusion
on your Website, you grant design-foryou.com a
world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the
Content solely for the purpose of displaying, distributing and promoting your blog. If you delete
Content, design-foryou.com will use reasonable efforts
to remove it from the Website, but you acknowledge that caching or references to the Content may not
be made immediately unavailable.
Without limiting any of those representations or warranties,
design-foryou.com has the right (though not the
obligation) to, in design-foryou.com's sole discretion
(i) refuse or remove any content that, in
design-foryou.com's reasonable opinion, violates any
design-foryou.com policy or is in any way harmful or
objectionable, or (ii) terminate or deny access to and use of the Website to any individual or
entity for any reason, in design-foryou.com's sole
discretion. design-foryou.com will have no obligation
to provide a refund of any amounts previously paid.
Payment and Renewal.
By selecting a product or service, you agree to pay
design-foryou.com the one-time and/or
monthly or annual subscription fees indicated (additional payment terms may be included in other
communications). Subscription payments will be charged on a pre-pay basis on the day you sign up
for an Upgrade and will cover the use of that service for a monthly or annual subscription
period as indicated. Payments are not refundable.
Unless you notify design-foryou.com before the end
of the applicable subscription period that
you want to cancel a subscription, your subscription will automatically renew and you authorize
us to collect the then-applicable annual or monthly subscription fee for such subscription (as
well as any taxes) using any credit card or other payment mechanism we have on record for you.
Upgrades can be canceled at any time by submitting your request to
design-foryou.com in writing.
By signing up for a Services account you agree to pay
design-foryou.com the applicable setup
fees and recurring fees. Applicable fees will be invoiced starting from the day your services
are established and in advance of using such services.
design-foryou.com reserves the right to
change the payment terms and fees upon thirty (30) days prior written notice to you. Services
can be canceled by you at anytime on thirty (30) days written notice to
If your service includes access to priority email support. "Email support" means the ability to
make requests for technical support assistance by email at any time (with reasonable efforts
by design-foryou.com to respond within two business
days) concerning the use of the VIP
Services. "Priority" means that support takes priority over support for users of the standard or
free design-foryou.com services. All support will be
provided in accordance
with design-foryou.com standard services practices,
procedures and policies.
Responsibility of Website Visitors.
design-foryou.com has not reviewed, and cannot review, all
of the material, including computer
software, posted to the Website, and cannot therefore be responsible for that material's content, use or
effects. By operating the Website, design-foryou.com does
not represent or imply that it endorses the
material there posted, or that it believes such material to be accurate, useful or non-harmful. You are
responsible for taking precautions as necessary to protect yourself and your computer systems from
viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content
that is offensive, indecent, or otherwise objectionable, as well as content containing technical
inaccuracies, typographical mistakes, and other errors. The Website may also contain material that
violates the privacy or publicity rights, or infringes the intellectual property and other proprietary
rights, of third parties, or the downloading, copying or use of which is subject to additional terms and
conditions, stated or unstated. design-foryou.com disclaims
any responsibility for any harm resulting
from the use by visitors of the Website, or from any downloading by those visitors of content there
Content Posted on Other Websites.
We have not reviewed, and cannot review, all of the material, including computer software, made
available through the websites and webpages to which
design-foryou.com links, and that link
design-foryou.com does not have any control over those
websites and webpages, and is not responsible for their contents or their use. By linking to a
non-design-foryou.com website or webpage,
design-foryou.com does not represent or imply that it
endorses such website or webpage. You are responsible for taking precautions as necessary to protect
yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive
content. design-foryou.com disclaims any responsibility for
any harm resulting from your use of
non-design-foryou.com websites and webpages.
Copyright Infringement and DMCA Policy.
As design-foryou.com asks others to respect its intellectual
property rights, it respects the
intellectual property rights of others. If you believe that material located on or linked to
by design-foryou.com violates your copyright, you are
encouraged to notify design-foryou.com in
accordance with design-foryou.com's Digital Millennium
Copyright Act ("DMCA")
Policy. design-foryou.com will respond to all such notices,
including as required or appropriate by
removing the infringing material or disabling all links to the infringing material.
will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the
visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights
of design-foryou.com or others. In the case of such
termination, design-foryou.com will have no
obligation to provide a refund of any amounts previously paid to
This Agreement does not transfer from design-foryou.com to
you any design-foryou.com or third party
intellectual property, and all right, title and interest in and to such property will remain (as between
the parties) solely with design-foryou.com.
the design-foryou.com logo, and all other trademarks,
service marks, graphics and logos used in connection with
design-foryou.com, or the Website are trademarks or
registered trademarks of design-foryou.com or
design-foryou.com's licensors. Other trademarks,
service marks, graphics and
logos used in connection with the Website may be the trademarks of other third parties. Your use of the
Website grants you no right or license to reproduce or otherwise use any
design-foryou.com reserves the right to display
advertisements on your blog unless you have purchased
an ad-free account.
design-foryou.com reserves the right to display attribution
links such as 'Blog at design-foryou.com,' theme author,
and font attribution in your blog footer or toolbar.
By activating a partner product (e.g. theme) from one of our partners, you agree to that partner's terms
of service. You can opt out of their terms of service at any time by de-activating the partner product.
If you are registering a domain name, using or transferring a previously registered domain name, you
acknowledge and agree that use of the domain name is also subject to the policies of the Internet
Corporation for Assigned Names and Numbers ("ICANN"), including their
Rights and Responsibilities
design-foryou.com reserves the right, at its sole
discretion, to modify or replace any part of this
Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued
use of or access to the Website following the posting of any changes to this Agreement constitutes
acceptance of those changes. design-foryou.com may also, in
the future, offer new services and/or
features through the Website (including, the release of new tools and resources). Such new features
and/or services shall be subject to the terms and conditions of this Agreement.
design-foryou.com may terminate your access to all or any
part of the Website at any time, with or
without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or
your design-foryou.com account (if you have one), you may
simply discontinue using the Website.
Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated
by design-foryou.com if you materially breach this Agreement
and fail to cure such breach within
thirty (30) days from design-foryou.com's notice to you
thereof; provided that, design-foryou.com
can terminate the Website immediately as part of a general shut down of our service. All provisions of
this Agreement which by their nature should survive termination shall survive termination, including,
without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties.
The Website is provided "as is". design-foryou.com and its
suppliers and licensors hereby disclaim all
warranties of any kind, express or implied, including, without limitation, the warranties of
merchantability, fitness for a particular purpose and non-infringement. Neither
its suppliers and licensors, makes any warranty that the Website will be error free or that access
thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain
content or services through, the Website at your own discretion and risk.
Limitation of Liability.
In no event will design-foryou.com, or its suppliers or
licensors, be liable with respect to any
subject matter of this agreement under any contract, negligence, strict liability or other legal or
equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement
for substitute products or services; (iii) for interruption of use or loss or corruption of data; or
(iv) for any amounts that exceed the fees paid by you to
design-foryou.com under this agreement during
the twelve (12) month period prior to the cause of action.
design-foryou.com shall have no liability
for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply
to the extent prohibited by applicable law.
General Representation and Warranty.
You represent and warrant that (i) your use of the Website will be in strict accordance with
and with all applicable laws and regulations
(including without limitation any local laws or regulations in your country, state, city, or other
governmental area, regarding online conduct and acceptable content, and including all applicable laws
regarding the transmission of technical data exported from the United States or the country in which you
reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property
rights of any third party.
You agree to indemnify and hold harmless design-foryou.com,
its contractors, and its licensors, and
their respective directors, officers, employees and agents from and against any and all claims and
expenses, including attorneys' fees, arising out of your use of the Website, including but not limited
to your violation of this Agreement.
This Agreement constitutes the entire agreement between
design-foryou.com and you concerning the
subject matter hereof, and they may only be modified by a written amendment signed by an authorized
executive of design-foryou.com, or by the posting by
design-foryou.com of a revised version. Except
to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the
Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law
provisions, and the proper venue for any disputes arising out of or relating to any of the same will be
the state and federal courts located in San Francisco County, California. Except for claims for
injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in
any competent court without the posting of a bond), any dispute arising under this Agreement shall be
finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and
Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The
arbitration shall take place in San Francisco, California, in the English language and the arbitral
decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this
Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid
or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining
portions will remain in full force and effect. A waiver by either party of any term or condition of this
Agreement or any breach thereof, in any one instance, will not waive such term or condition or any
subsequent breach thereof. You may assign your rights under this Agreement to any party that consents
to, and agrees to be bound by, its terms and conditions;
design-foryou.com may assign its rights under
this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of
the parties, their successors and permitted assigns.