User Agreement


The following User Agreement ("Agreement") governs the use of www.designaddict.com ("Site"), including without limitation participation in its Forums, Blog, Radar, and all other areas as provided by DesignAddict.com s.p.r.l. (“we” or “our”).


Introduction

Please read the rules contained in this Agreement carefully. You can access this Agreement any time at http://www.designaddict.com/index.cfm/fuseaction/disclaimer/. Your use of and/or registration on any section of the Site will constitute your agreement to comply with these rules. If you cannot agree with these rules, please do not use the Site.


The Agreement may be modified from time to time; the date of the most recent revisions will appear on this page, so check back often. Continued access of the Site by you will constitute your acceptance of any changes or revisions to the Agreement.

Eligibility:

If you register as a seller in our design radar section, you represent that you are at least 18 years of age, or the age required by your applicable law to make a legal and binding contract.


Registration

We may at times require that you register and/or set up an account to use certain portions of the Site, or the Site as a whole. In order to do so, you may be provided, or required to choose, a password, User Id, and/or other registration information (collectively, "Registration Information"). You agree and represent that all Registration Information provided by you is accurate and up-to-date. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account on the Site. If any of your Registration Information changes, you must update it by using the appropriate update form on the Site.

You are responsible for maintaining the confidentiality of the user name and password associated with your account and for all activity under your account. Please notify us immediately if you suspect or become aware that someone may have gained unauthorized access to your account.


Abuse 

While using the Site, you agree that you will not:

- use our design radar service if you are not able to form legally binding contracts, or are under the age of 18

  1. -interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site, use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission.

  2. -use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the Designaddict.com Site.

  3. -take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

  4. -distribute viruses or any other technologies that may harm us, the Site, or the interests or property of other Site users.

  5. -post content that is: (a) false, inaccurate, fraudulent, misleading, defamatory, libelous, abusive, threatening, or obscene (including personal information); (b) in violation of copyright, trade-mark or other intellectual property rights of another; or (c) otherwise unlawful or objectionable to us (in our sole discretion).

  6. -post content or items in an inappropriate category or areas on the Site.

  7. -circumvent or manipulate our fee structure, or the billing process.

  8. -manipulate the price of any item or interfere with other user's listings.

  9. -transfer your Account and user ID and password to another party.

  10. -distribute or post spam, chain letters, or pyramid schemes.

  11. -copy, modify, or distribute Content (as defined below).

  12. -harvest or otherwise collect information about Site users, including email addresses, without their consent.

  13. -impersonate others, including Designaddict.com sprl or an employee, agent, host or representative of Designaddict.com sprl or other Designaddict.com members or visitors to the Site.

  14. -violate any laws, third-party rights, or our policies


We may limit, suspend, or terminate our service and user Accounts, prohibit access to the Site, delay or remove hosted content, and take technical and legal steps to keep users off the Site if we think that you are creating problems, violating this User Agreement creating possible legal liabilities, or acting inconsistently with the letter or spirit of our policies.


Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy.

We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in Belgium that are protected by physical as well as technological security devices. If you object to your Information being transferred or used in this way please do not use our services.

In addition to reviewing this Agreement, please read our Privacy Policy which is available at http://www.designaddict.com/index.cfm/fuseaction/privacy/ Your use of the Site constitutes agreement to its terms and conditions as well.


Content

All the information presented on this site is intended to be factually correct but, whilst every effort is made to ensure accuracy, no responsibility is accepted for any inaccuracies in the information contained in these pages.


Some of the information on this website may or may not be subject to copyright. Care has been taken, wherever possible, not to breach any copyright, trademark or restriction, and to obtain permission to use any material reproduced here. If you recognize anything here as being subject to any form of protection, it will be removed if we are satisfied that a breach of copyright or trademark ownership has occurred.


We intend that all content provided on our Site respect the copyright and other proprietary rights of third parties. When Site visitors post content on our Site, of course, we are unable to monitor the copyright ownership of all posted content.

Our Site is not responsible for any images, or other works uploaded which may infringe upon copyright laws. We do not claim to own the rights to any of the images on our Site.


Any reproduction, retransmission, or republication of all or part of any document found on this site is expressly prohibited, unless Design Addict or the copyright owner of the material has expressly granted its prior written consent to so reproduce, retransmit, or republish the material. Do not post any information or other material protected by copyright without the permission of the copyright owner.

By uploading information or pictures onto the Design Addict Site, the uploading party warrants and represents that it owns the copyright for such information, or has received permission from the person or entity who owns the copyright for such information. By uploading information onto the Design Addict Web Site, the uploading party grants the Design Addict and users of the Design Addict Web Site the non-exclusive right and license to display, copy, distribute, transmit, print, and use such information. Subject to the grant of this license, the uploading party retains any other rights that the party may have for such information.


Links

This Site contains links to third party websites. All links are provided for your convenience only. Designaddict.com is not responsible for the content, accuracy or opinions expressed in these third party websites, and these websites are not investigated, monitored or checked for accuracy or completeness by Designaddict.com. The inclusion of a link to a third party website on this Site does not and should not be interpreted to imply Designaddict.com’s approval or endorsement of the linked website. Should you decide to leave this Site to access a third party website, you do so at your own risk. We cannot guarantee that these links will work all of the time and we have no control over the availability of linked pages. Users cannot assume that the external websites will abide by the same Privacy Policy to which Design Addict adheres.


Advertisers

Design Addict cannot be held liable for any complaints or dissatisfaction with the services offered by any advertisers featured on the Site. The fact that ads are carried on this site does not necessarily mean that Design Addict endorses the goods or services so advertised. Whilst complaints about the nature of any ads will be investigated and appropriate action taken, no correspondence will be entered into about the goods or services of any advertisers. Any such correspondence received, whether by e-mail or otherwise, will either be forwarded to the advertiser or disregarded.


Forums and blog

This site makes forums and blog comments available to its users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.


You agree, through your use of this service, that you will not use Design Addict to post any message which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, threatening, invasive of a person's privacy, or otherwise violative of any law.


The forum has been set up purely to reflect public opinion and, therefore, Design Addict may not be held liable for any messages appearing therein. Any offensive message brought to the attention of Design Addict will be investigated and, where appropriate, removed.


Considering the real-time nature of this forum, it is impossible for Design Addict to review messages or confirm the validity of information posted. Please remember that we do not always actively monitor the contents of posted messages and are not responsible for any messages posted. We do not vouch for or warrant the accuracy, completeness or usefulness of any message, and are not responsible for the contents of any message.


The messages express the views of the author of the message, not necessarily the views of Design Addict. Any user who feels that a posted message is objectionable is encouraged to contact Design Addict, immediately by email.


We have the ability to remove objectionable messages and we will make every effort to do so, within a reasonable time frame, if we determine that removal is necessary. This is a manual process, however, so please realize that we may not be able to remove or edit particular messages immediately.


Please note that advertisements, chain letters, pyramid schemes, and solicitations are not acceptable on Design Addict Forums and blog comments and will be deleted.


We reserve the right to make any modifications we deem necessary or desirable to any message posted on the forums.


Design Radar


Design Addict will not be held responsible for any listing content, claims, outcome results of responding to any or all listings, as well as the results of any defects that may be found to exist or any other consequential damages that may result from using our services directly or indirectly.


Design Addict will not be held responsible for any transaction made through the design radar.

Design Addict provides a platform for all items related to one of the categories or sub-categories that organize the Design Radar.

The sale is directly between the buyer and the seller. The role of DesignAddict.com is limited to making the Site available and maintaining the Site. DesignAddict.com is an intermediary and not an agent for either the buyer or the seller for any purpose.


Validation process:

The Design Radar is curated by Design Addict. To ensure a pleasant experience for our users, we select the items that are submitted on the Design Radar.


The appropriate styles are, amongst others: Early Modernism, Bauhaus, Ulm School, Mid-Century Modern, Space-Age Modern, Post-Modernism...


The period covered by the Design Radar is from 1910 to 1989 but we might accept more recent items, individually, according to their rarity and their interest as a collectors' item. 


Styles that are not appropriate are, amongst others: Art Nouveau, Jugenstijl, Art Deco, Neo-Baroque from the forties...


If you post an item on the Design Radar that does not fit within this description, you will be contacted regarding your posting and it may be deleted. By using the Design Radar, you accept that your listings must be validated by Design Addict before being posted on the Site.


The types of items we don’t accept:

- Recent reproductions of design classics.  

- Knock-off or unlicensed reproductions of design classics.

- Items that are presented, intentionally or not, in an inaccurate way. 

- Items whose quality doesn't seem to correspond to the expectations of our visitors. 

- Items whose attribution seems wrong or questionable. 

- Items listed by a seller who does not seem to offer serious guarantees necessary to the accomplishment of a smooth transaction with the buyer.


Of course, the listing of an item that is not showcased on the Design Radar because of one of these reasons will not have to be paid for by the seller. The payment process is activated only after validation of the listing!


Images:

- Design Addict offers the sellers the possibility to place up to six pictures per listing.

We expect that at least the first image associated to the listing has a quality that is in accordance with the expectations of our visitors (sharp image of a well-lit item on a neutral background).


- If none of the uploaded images correspond to these criteria, we reserve the right to replace them with the mention “pictures available on the seller’s website” if the seller decides to redirect the potential buyers on his own website or “ask seller for pictures” if the seller decides to be contacted directly by the potential buyers.


Note: We provide some advice to make good quality pictures on our “tips” pages. We also offer retouching services for your pictures (fee applicable).


- When you select the option "Yes, show my object, and share with the DesignAddict community", you give Design Addict the right to use your images in the other sections of Design Addict for an unlimited period of time.

In return, DesignAddict will associate your image to a courtesy and a link to your Seller page on the DESIGN RADAR.

You stay the owner of your pictures! You give us the limited right to use it in this precise context and conditions.

If you select this option, your pictures will not systematically be displayed in the DESIGN INDEX. The contents of the DESIGN INDEX is curated. The editors choose the most relevant images based on criteria such as: quality of photographs, reputation of designers and producers, etc..

What if I quit the Radar as a partner?
Your pictures used by Design Addict will stay on the website with a courtesy to your company, but obviously the link to your seller page will be desactivated.

For each item listed in the DESIGN RADAR you have the choice to accept or reject the "Yes, show my object, and share with the DesignAddict community".

Quantity of listings:

The “Standard” Radar users can make an undetermined number of listings. They pay for each listing that they submit.

The “Partners” fee includes 70 listings per year on the Radar.

The “Premium Partners” fee includes an unlimited number of listings per year on the Radar.


Partners and Premium Partners can only submit their own items. They are not allowed to post items for a third party.


Anticipated contract termination:

If we considers that a Partner or a Premium Partner does not offer all the guaranteed level of service that his visitors deserves, we may end the subscription without notice. In this case, we will give the Partner or Premium Partner a refund proportional to the unused period of his quarterly or annual subscription.


Fees and Payments

Designaddict.com may charge you fees for services offered through the Site.  You agree to pay all fees and charges, including applicable taxes, incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred. Designaddict.com reserves the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon prior notice to you.


If you submit your credit, debit or charge card information to Designaddict.com upon registration or otherwise, you give us permission to charge all Fees incurred through your account to the credit, debit or charge card you designate. Any additional Fees (other than renewal fees) will be charged at the time they are incurred. If payment cannot be charged to your credit, debit or charge card or your payment is returned to us for any reason, including charge back, we reserve the right to either suspend or terminate your account and all its obligations under this Agreement.


Liability

You will not hold DesignAddict.com responsible for other users' content, actions or inactions, or items they list. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.

We do not transfer legal ownership of items from the seller to the buyer. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller.


We cannot guarantee continuous or secure access to the Site or our services, and operation of the Site may be affected by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions.


Under no circumstances will we be liable for any direct, indirect, incidental, consequential (including loss of money, business, profits, goodwill, or reputation) special, exemplary, punitive or other damages, under any legal theory, arising out of or in any way connected to your use of Site. Your sole remedy for dissatisfaction with the Site and/or Content is to cease all of your Site use. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of the total fees you paid to us in the 12 months prior to the action giving rise to the liability.


You understand and agree that you are solely responsible and liable for your Account, your use of the Site, and all access to and use of the Site through your Account, and any claims, damages, losses or expenses arising directly or indirectly therefrom. You acknowledge that we are merely acting as a conduit for the exchange of items via the Site, and are not undertaking any obligations or liability relating to an activities conducted on or through the Site.


You release DesignAddict.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) from all claims, actions, liabilities, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising from your use of the site.


You will indemnify and hold DesignAddict.com (and our officers, directors, agents, affiliates, subsidiaries, joint venturers and employees) harmless from all losses, damages, liabilities, expenses, claims, demands, costs (including without limitation attorneys’ and paralegal' costs and fees), resulting from any violation of this User Agreement or any activity related to the Site or your Account by you or any other person accessing or using the Site through your Account.


Resolution of Disputes

If a dispute arises between you and DesignAddict.com, we strongly encourage you to first contact us directly to seek a resolution by going to the Contact page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.


Law and Forum for Disputes: 

You agree that any claim or dispute you may have against DesignAddict.com must be resolved by a court located in Belgium. You agree to submit to the personal jurisdiction of the courts located within Belgium for the purpose of litigating all such Claims.




last update: December 6 (2008)

designaddict > User Agreement