Terms & Conditions
General Terms and Conditions of Design Lion
The terms and conditions stated below, along with the policies, guidelines and agreements (collectively herein the "Terms") located throughout Design Lion's site identify what you, as a user of Design Lion's site ("you" or "Customer") can expect from Design Lion, its parent, subsidiaries, and affiliates (together referred to herein as "Design Lion"), and/or persons who provide products or services to Design Lion's customers either directly or through Design Lion and what Design Lion in turn expects from the Customer. By visiting any area on Design Lion's site, including, but not limited to, creating an account, making a purchase via Design Lion's site, posting a review, a Customer is deemed to have accepted the Terms. If you do not agree to be bound by these Terms and to follow all applicable laws, you should leave designlion.com immediately.
Article 1 - Licenses and Restrictions
Article 2 - Trademarks
Article 3 - Content
Article 4 - Services
Article 5 - Product Descriptions
Article 6 - Prices
Article 7 - Shipment
Article 8 - Payment
Article 9 - Conditional Sale
Article 10 - Return Rights
Article 11 - Risk of Loss
Article 12 - Age of Customers
Article 13 - Termination of Usage
Article 14 - Indemnity
Article 15 - Privacy and Data Protection
Article 16 - Password and Account Security
Article 17 - Suggestions and Ideas
Article 18 - Notices
Article 19 - Disclaimers and Limitation of Liability
Article 20 - Titles and Headings; Independent Covenants
Article 21 - Severability
Article 22 - Applicable Law; Jurisdiction
Article 23 - Dispute Resolution
Article 24 - Copyright
Article 25 - Digital Millennium Copyright Act
Article 26 - Acknowledgment
Article 27 - Modification
Article 1 - Licenses and Restrictions
Design Lion grants the Customer a limited, nonexclusive, revocable license to access and make personal, non-commercial use (unless the Customer has a business relationship with Design Lion) of the contents of Design Lion's site ("Content"). Design Lion further grants the Customer a limited, nonexclusive and revocable right to create a hyperlink to designlion.com so long as the link does not portray Design Lion, its affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive matter.
The foregoing licenses do not include any rights to:
- modify, download (other than page caching), reproduce, copy, or resell Design Lion's site, the Content or any portion or derivative thereof;
- commercially use Design Lion's site, the Content or any portion derivative thereof (unless the Customer has a business relationship with Design Lion);
- copy or download any Customer's account information for the benefit of any third party;
- enable high volume, automated, electronic processes that apply to Design Lion's site or its systems, the Content or any portion or derivative thereof;
- use any robot, spider, data miner, crawler, scraper or other automated means to access or index Design Lion's site or its systems, the Content or any portion or derivative thereof for any purpose;
- interfere or attempt to interfere with the proper working of Design Lion's site;
- bypass any measures used by Design Lion to prevent or restrict access to any portion of Design Lion's site, the Content or any portion or derivative thereof;
- frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Design Lion's site;
- use Design Lion's name, trademarks, services marks or logos in any meta tags or any other "hidden text" or
- compile, repackage, disseminate or otherwise use data extracted from Design Lion's site.
Article 2 - Trademarks
Design Lion, or their respective parents, subsidiaries, or affiliates, or third parties from whom Design Lion has permission, own the trademarks or service marks that are used on Design Lion's site. All rights are reserved. These and other graphics, logos, service marks, trademarks and trade dress of Design Lion and its licensors may not be used without prior written consent of Design Lion or its licensor, as the case may be. Without limiting the foregoing, no Design Lion trademark or trade dress may be used in connection with any product or service that is not Design Lion's, in any manner that is likely to cause confusion among Customers, or in any manner that disparages or discredits Design Lion.
Article 3 - Content
Proprietary Rights
Customer acknowledges that Design Lion's site contains Content, that is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is or may be copyrighted as a collective work under the Dutch copyright law (called "Auteursrecht"), U.S. copyright laws and international copyright laws, and Design Lion owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on Design Lion's site. Customer may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part. If no specific restrictions are displayed, Customers may make copies of select portions of the Content, exclusive of Digital Content, provided that the copies are made only for Customer's personal use and that Customer maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the Dutch "quote law" ("citaatrecht", see article 15a of the Dutch "Auteurswet") and fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), Customer may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.
Article 4 - Services
4.1 Design Services
Article 4.1 sets forth the terms and conditions of your use of Design Lion's Design Services ("Service(s)" or "Design(s)").
4.1.a Description of Design Services
Custom Logo Design: Budget Package
Purchase of the Custom Logo Design: Budget Package includes an initial interview through an online form, and presentation of one (1) initial design and one (1) revision request.
Custom Logo Design: Standard Package
Purchase of the Custom Logo Design: Standard Package includes an initial interview through an online form, and presentation of three (3) initial designs and two (2) revision requests.
Custom Logo Design: Premium Package
Purchase of the Custom Logo Design: Premium Package includes an initial interview through an online form, and presentation of six (6) initial designs and three (3) revision requests.
Custom Business Card Design: Standard Package
Purchase of the Custom Business Card Design: Standard Package includes an initial interview through an online form, and presentation of one (1) initial design and one (1) revision request.
Custom Business Card Design: Premium Package
Purchase of the Custom Business Card Design: Premium Package includes an initial interview through an online form, and presentation of two (2) initial designs and three (3) revision requests.
Custom Envelope Design: Standard Package
Purchase of the Custom Envelope Design: Standard Package includes an initial interview through an online form, and presentation of one (1) initial design and one (1) revision request.
Custom Envelope Design: Premium Package
Purchase of the Custom Envelope Design: Premium Package includes an initial interview through an online form, and presentation of two (2) initial designs and three (3) revision requests.
Custom Letterhead Design: Standard Package
Purchase of the Custom Letterhead Design: Standard Package includes an initial interview through an online form, and presentation of one (1) initial design and one (1) revision request.
Custom Letterhead Design: Premium Package
Purchase of the Custom Letterhead Design: Premium Package includes an initial interview through an online form, and presentation of two (2) initial designs and three (3) revision requests.
Custom Fax Cover Design: Standard Package
Purchase of the Custom Fax Cover Design: Standard Package includes an initial interview through an online form, and presentation of one (1) initial design and one (1) revision request.
Custom Fax Cover Design: Premium Package
Purchase of the Custom Fax Cover Design: Premium Package includes an initial interview through an online form, and presentation of two (2) initial designs and three (3) revision requests.
Custom With Compliments Slip Design: Standard Package
Purchase of the Custom With Compliments Slip Design: Standard Package includes an initial interview through an online form, and presentation of one (1) initial design and one (1) revision request.
Custom With Compliments Slip Design: Premium Package
Purchase of the Custom With Compliments Slip Design: Premium Package includes an initial interview through an online form, and presentation of two (2) initial designs and three (3) revision requests.
Custom Brochure Design: Standard Package
Purchase of the Custom Brochure Design: Standard Package includes an initial interview through an online form, and presentation of one (1) initial design and one (1) revision request.
Custom Brochure Design: Premium Package
Purchase of the Custom Brochure Design: Premium Package includes an initial interview through an online form, and presentation of two (2) initial designs and three (3) revision requests.
Custom Flyer Design: Standard Package
Purchase of the Custom Flyer Design: Standard Package includes an initial interview through an online form, and presentation of one (1) initial design and one (1) revision request.
Custom Flyer Design: Premium Package
Purchase of the Custom Flyer Design: Premium Package includes an initial interview through an online form, and presentation of two (2) initial designs and three (3) revision requests.
Custom Sales Sheet Design: Standard Package
Purchase of the Custom Sales Sheet Design: Standard Package includes an initial interview through an online form, and presentation of one (1) initial design and one (1) revision request.
Custom Sales Sheet Design: Premium Package
Purchase of the Custom Sales Sheet Design: Premium Package includes an initial interview through an online form, and presentation of two (2) initial designs and three (3) revision requests.
Custom Presentation Folder Design: Standard Package
Purchase of the Custom Presentation Folder Design: Standard Package includes an initial interview through an online form, and presentation of one (1) initial design and one (1) revision request.
Custom Presentation Folder Design: Premium Package
Purchase of the Custom Presentation Folder Design: Premium Package includes an initial interview through an online form, and presentation of two (2) initial designs and three (3) revision requests.
Custom Rack Card Design: Standard Package
Purchase of the Custom Rack Card Design: Standard Package includes an initial interview through an online form, and presentation of one (1) initial design and one (1) revision request.
Custom Rack Card Design: Premium Package
Purchase of the Custom Rack Card Design: Premium Package includes an initial interview through an online form, and presentation of two (2) initial designs and three (3) revision requests.
Custom Postcard Design: Standard Package
Purchase of the Custom Postcard Design: Standard Package includes an initial interview through an online form, and presentation of one (1) initial design and one (1) revision request.
Custom Postcard Design: Premium Package
Purchase of the Custom Postcard Design: Premium Package includes an initial interview through an online form, and presentation of two (2) initial designs and three (3) revision requests.
Custom Certificate Design: Standard Package
Purchase of the Custom Certificate Design: Standard Package includes an initial interview through an online form, and presentation of one (1) initial design and one (1) revision request.
Custom Certificate Design: Premium Package
Purchase of the Custom Certificate Design: Premium Package includes an initial interview through an online form, and presentation of two (2) initial designs and three (3) revision requests.
Custom Poster Design: Standard Package
Purchase of the Custom Poster Design: Standard Package includes an initial interview through an online form, and presentation of one (1) initial design and one (1) revision request.
Custom Poster Design: Premium Package
Purchase of the Custom Poster Design: Premium Package includes an initial interview through an online form, and presentation of two (2) initial designs and three (3) revision requests.
Custom Banner Design: Standard Package
Purchase of the Custom Banner Design: Standard Package includes an initial interview through an online form, and presentation of one (1) initial design and one (1) revision request.
Custom Banner Design: Premium Package
Purchase of the Custom Banner Design: Premium Package includes an initial interview through an online form, and presentation of two (2) initial designs and three (3) revision requests.
Custom Web Banner Ad Design: Budget Package
Purchase of the Custom Web Banner Ad Design: Budget Package includes an initial interview through an online form, and presentation of one (1) initial design and one (1) revision request.
Custom Web Banner Ad Design: Standard Package
Purchase of the Custom Web Banner Ad Design: Standard Package includes an initial interview through an online form, and presentation of three (3) initial designs and two (2) revision requests.
Custom Web Banner Ad Design: Premium Package
Purchase of the Custom Web Banner Ad Design: Premium Package includes an initial interview through an online form, and presentation of six (6) initial designs and three (3) revision requests.
Custom Newsletter Design: Standard Package
Purchase of the Custom Newsletter Design: Standard Package includes an initial interview through an online form, and presentation of one (1) initial design and one (1) revision request.
Custom Newsletter Design: Premium Package
Purchase of the Custom Newsletter Design: Premium Package includes an initial interview through an online form, and presentation of two (2) initial designs and three (3) revision requests.
Email Newsletter Design & Send Service: Budget Plan
Purchase of the Email Newsletter Design & Send Service: Budget Plan includes an initial interview through an online form, and presentation of one (1) initial design per three (3) months and one (1) revision request per three (3) months.
Email Newsletter Design & Send Service: Standard Plan
Purchase of the Email Newsletter Design & Send Service: Standard Plan includes an initial interview through an online form, and presentation of one (1) initial design per month and one (1) revision request per month.
Email Newsletter Design & Send Service: Premium Plan
Purchase of the Email Newsletter Design & Send Service: Premium Plan includes an initial interview through an online form, and presentation of two (2) initial designs per month and three (3) revision requests per month.
Custom Email Signature Design: Budget Package
Purchase of the Custom Email Signature Design: Budget Package includes an initial interview through an online form, and presentation of one (1) initial design and one (1) revision request.
Custom Email Signature Design: Standard Package
Purchase of the Custom Email Signature Design: Standard Package includes an initial interview through an online form, and presentation of two (2) initial designs and two (2) revision requests.
Custom Email Signature Design: Premium Package
Purchase of the Custom Email Signature Design: Premium Package includes an initial interview through an online form, and presentation of three (3) initial designs and three (3) revision requests.
Custom Application Icon Design: Single Icon
Purchase of the Custom Application Icon Design: Single Icon includes an initial interview through an online form, and presentation of one (1) initial design and one (1) revision request.
Custom Address Bar Icon Design: Budget Package
Purchase of the Custom Address Bar Icon Design: Budget Package includes an initial interview through an online form, and presentation of one (1) initial design and one (1) revision request.
Custom Address Bar Icon Design: Standard Package
Purchase of the Custom Address Bar Icon Design: Standard Package includes an initial interview through an online form, and presentation of two (2) initial designs and two (2) revision requests.
Custom Address Bar Icon Design: Premium Package
Purchase of the Custom Address Bar Icon Design: Premium Package includes an initial interview through an online form, and presentation of three (3) initial designs and three (3) revision requests.
4.1.b Description of Revisions
A revision can be a color change, typeface change, adding a shadow, a shape change, or similar changes. One (1) revision is limited to thirty (30) minutes of design work.
4.1.c Your Obligations
Reasonable Requests
You agree that all requests will be reasonable in nature and within the scope of the Services purchased.
Submission of Content
We may request images or other content that you have indicated a desire to incorporate into the purchased Design. All such content provided should be copies and not the originals. All content must be submitted electronically and we will not return any materials you provide. Arrangements may be made for the delivery of files that are too large to be transmitted electronically, but additional fees may apply and the quoted completion date may be extended. We may in our sole discretion, require you to re-submit images if we determine that the images are not of high enough quality. We will not begin work on your Design until all requested materials and assurances of rights have been received from you. It is your responsibility to maintain independent back-up copies of any materials you submit. We expressly disclaim any liability or responsibility for any loss, damage or destruction of any content or materials you submit.
Right to Use Content
You represent and warrant that you have the appropriate rights or licenses in all logos, trademarks, intellectual property or other content supplied by you for inclusion in your Design.
Obligation to Respond
You also agree to respond to any request for content, feedback or approval within fourteen (14) days. Failure to initiate the design process or provide requested content, feedback or approval within thirty (30) days of our request may result in termination of the Services without refund or credit. Any unfinished designs may be archived and may require additional activation fees to recover.
Completion of Service
Delivery to you of your Design via electronic mail completes our obligations under these Terms and releases us from any obligation for further action, revisions or alterations. Requests for additional designs or revisions will result in additional design fees based on the additional work requested. If you cancel the Services after work has commenced, you will incur a termination fee based on the work completed to date.
4.1.d Limitations
Reasonable Expectations
We strive toward creating professional designs that meet your expectations. However, we do not guarantee expectations will be met if requests are unreasonable or unable to be completed within the scope of the Service.
Your Delay
Our completion of the Services depends upon your timely feedback via electronic mail. We are not responsible for additional fees, time, or expenses incurred because of delays caused by your lack of or untimely feedback, including your failure to initiate the design process.
Limits on Content
We reserve the right to refuse any direction to create a Design that exploits children, contains pornography or other tasteless images, contains copyrighted or trademarked materials of others or infringes on the intellectual property rights of another, harasses, defames or slanders another, or for any other reason that we in our sole discretion decide.
No Obligation to Back-Up
We have the right, but not the obligation, to back up or archive your Design before delivery.
No Intellectual Property Guarantee
Any Design developed by us is delivered without any representation or warranty as to your ability to obtain trademark, copyright, or similar protections in the United States or any other jurisdiction. We expressly disclaim all liability for infringement on the intellectual property or other proprietary rights of any third party. We are not responsible for advising you as to any potential trademark or copyright issues related to the proposed Designs, and you should consult your own attorney with any such questions.
4.1.e Ownership of Designs
Upon final delivery of the purchased Design, we transfer to you all rights, titles and interest in the Design, but expressly reserve and retain the unlimited right and/or license to display your Design as-is or with alterations online, in marketing materials, or in any other manner in our sole discretion. Except as explicitly granted herein, we do not grant any express or implied right to you under our patents, copyrights, trademarks, or trade secrets.
Article 5 - Product Descriptions
Design Lion attempts to describe the products and services offered by Design Lion as accurately as possible. However, Design Lion does not warrant that product or service descriptions or other content of Design Lion are 100% accurate, complete, reliable, current or error-free.
Article 6 - Prices
The price for an item on Design Lion's site may differ from the price shown in a Customer's shopping cart — it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on Design Lion's site. If the price for the item on Design Lion's site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of Design Lion, Design Lion may either (i) contact the Customer for instructions before shipping the item or charging the Customer for such item; (ii) cancel the order for such item and notify the Customer of such cancellation; or (iii) ship the item at the incorrect price to the benefit of the Customer.
Shipping Prices
Shipping is billed separately and shown separately on the invoice. The shipping address is decisive for location determination. If, according to the statutory regulations, the goods are subject to other taxes in the recipient country, then these shall be paid additionally upon receipt of the goods. Furthermore, the goods may be subject to import duties which the customer shall pay additionally upon receipt of the goods.
Article 7 - Shipment
Delivery times and terms of delivery shall only be binding insofar as Design Lion has expressly agreed to such in writing. Typical, delivery times are 8-15 business days, but can take up to 30 business days in certain circumstances. Delivery shall be conducted by a shipment service provider chosen by Design Lion. The Customer has to pay shipping costs which may depend on item weight and size, and where the order is shipped to.
Article 8 - Payment
Payment will be carried out according to the Customer's choice of either credit card or PayPal. Design Lion reserves the right to limit the method of payment chosen by the Customer depending on order value, shipment region or other objective criteria.
In case of the method of payment chosen by the Customer not being practicable, where Design Lion has met its contractual obligations, in particular if it is the case that a direct debit from the Customer's account is not possible due to a lack of funds or provision of wrong information, then the Customer shall reimburse any additional costs incurred by Design Lion or a third party which carried out the transaction.
Design Lion is entitled to make use of the services of trustworthy third parties for the handling of the payment: (i) If it comes to a default of payment of the Customer, Design Lion is allowed to assign its claims to a debt collection agency and transfer the personal data required for the handling of payments to these third parties. (ii) In the case of intervention of third parties in the handling of payments, then payment in relation to Design Lion only counts as made if the amount has been provided contractually to the third party, so that the third party can dispose of it as it sees fit.
Article 9 - Conditional Sale
Until full payment is received by Design Lion and the order is shipped, the goods remain the property of Design Lion. The Customer is obliged to handle the product with care up to the transfer of ownership.
Article 10 - Return Rights
Article 10 applies only to tangible goods. Digital goods, including, but not limited to, designs, concepts, revisions, text, photos, cannot be returned or refunded once emailed to the Customer.
If for any reason the Customer is not completely satisfied with his or her purchase, the Customer may return the item(s) within 30 days of receipt and receive a full refund (less shipping), but only if all conditions in article 10 are met.
Custom made products cannot be returned, except in the case of manufacturer error or material/workmanship defect.
Return Instructions
Prior to returning any item(s) to Design Lion, the Customer must receive authorization from Design Lion. To request authorization the Customer must send an e-mail to support@designlion.com with the following details of the Customer:
- First name, last name, and company name;
- customer number;
- name of the item(s) the Customer wants to return;
- reason for return (e.g. damaged, received incorrect item or size, received duplicate item, quality of item not as expected, etc.)
Refund
Once Design Lion has received the Customer's returned item(s), Design Lion will notify the Customer via e-mail of the Customer's refund. The Customer can expect a refund in the same form of payment originally used for purchase within 30 business days of Design Lion receiving the Customer's returned item(s).
To return item(s) the Customer must pack the item(s) in the original box and include the Return Authorization Code. The Customer must specify the reason for the return. The Customer must also enclose the original packing slip with the returning item(s), so Design Lion can process the return in a timely manner. If the Customer does not have the original packing slip, the Customer must provide Design Lion with the full name, company name, address, phone number, email address, and customer number of the Customer.
Items that have been damaged by (including, but not limited to) accident, misuse, negligence, abuse, will not be refunded.
Article 11 - Risk of Loss
The risk of loss and title for all items purchased via Design Lion pass to the Customer upon delivery of the item to the carrier.
Article 12 - Age of Customers
Our products and services are marketed for and directed towards purchase by adults or with the consent of adults. Individuals under the age of 18 ("Minors") are not permitted to use Design Lion's site without the supervision of a parent or legal guardian. Furthermore, we do not knowingly collect or solicit personal information from children under the age of 13 or knowingly allow such persons to register for an online account or to post personal information on our websites. Should we learn that someone under the age of 13 has provided any personal information to or on Design Lion's site, we will remove that information as soon as possible.
Article 13 - Termination of Usage
Design Lion may issue a warning, temporarily suspend, indefinitely suspend or terminate any Customer's right to use or access all or any part of Design Lion's site including any account thereon, without notice, for any reason in Design Lion's sole discretion, including without limitation violation of the Terms, Design Lion's belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, Design Lion, any Design Lion provider or another Customer.
In certain cases, in Design Lion's sole discretion, Design Lion may provide written notice (a "Restriction Notice") to a Customer (a "Restricted Customer") to inform such Restricted Customer that (i) his or her right to use or access any part of Design Lion's site has been terminated including the right to use, access or create any account thereon; (ii) that Design Lion refuses to provide any services to such Restricted Customer; and (iii) any subsequent orders placed by a Restricted Customer will be subject to cancellation. Other conditions may apply and shall be set forth in the Restriction Notice.
Article 14 - Indemnity
Customer agrees to indemnify and hold Design Lion and each Design Lion provider harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of such Customer's use of Design Lion's site, breach of the Terms or Customer's violation of any law or the rights of a third party.
Article 15 - Privacy and Data Protection
Principal
The safety and privacy of personal data has a special value for Design Lion. The collection, processing and usage of personal data shall only be undertaken with the consent of the individual or due to a legal obligation. Should anonymous or pseudonymous data be needed for business purposes, then only these forms of data shall be used. Personal data stored on Design Lion's site is protected by extensive technical and operational safeguards against potential unauthorized access or abuse. Our security procedures are regularly reviewed along with the latest technological developments. Design Lion uses a secure method of data transmission known as SSL (Secure Socket Layer) transmission to process Customer information.
Orders
We collect; store; modify; use and transmit personal data for their own specific purposes towards the justification and settlement of the Customer's contract or contract relationships, including individual and personal customer advice and support, and to protect the legitimate business interests of Design Lion. When necessary, we will transmit personal data to third parties (such as delivery companies). Only information that is needed to carry out its task will be transmitted and used. The usage of personal data for other appropriate purposes is dependent on prior consent from the Customer.
Usage of Design Lion's Online Offers
Design Lion collects and uses personal Customer data due to legal obligations or when permission from a Customer is given. Design Lion collects and uses data contained in log-files that the Customer's internet browser transmits to us. The data we receive is the Customer's browser type/version; operating system; referring URLs (the Customer's previously visited site); hostname (IP address) of the accessing computer and the time of server inquiry. In order to ensure the safe communication of the Design Lion online service - it is not necessary for Design Lion to use the data collected in connection with the specific Customer. Therefore, after statistical evaluation the data will be deleted and not used in connection with the Customer.
Usage of Cookies
For the reason of improving Design Lion's online service, the commonly-named system of "Cookies" are used. Cookies are text files, which are stored on a Customer's computer when they visit a website. Cookies are used either once or over a longer period of time to use a Customer's recurring attitudes within Design Lion's site to their benefit – in terms of personalizing designlion.com's online experience and its functions and tools towards individual Customer's needs. The text files contain no address data (i.e. Customer's names and E-Mail data) or other personal information. Design Lion will not link data found in these text files with other data sources. Cookies serve to further our analysis of web-page usage and enables us to make our service more Customer-friendly; more effective and safer.
Deactivation of Cookies
Customers can set their web browser to halt the storage of the data files known as Cookies. In some cases this can lead to certain services and website functions to become unusable.
Article 16 - Password and Account Security
Every Customer that has an account on Design Lion's site is responsible for (i) keeping his or her account password confidential and secured, (ii) avoiding unauthorized access to such Customer's computer; and (iii) keeping the e-mail address associated with that account current (Customer acknowledges that it is important to keep the e-mail address associated with his or her account current because although the Customer may be able to log into his or her Design Lion account using an old e-mail address, such Customer will not receive messages from Design Lion about his or her orders and inquiries or other matters). Customer accepts full responsibility for all activities that occur within such Customer's Design Lion account.
Article 17 - Suggestions and Ideas
Customers may send reviews, comments, and other communications, and submit suggestions, ideas, or questions, to support@designlion.com. By doing so, you acknowledge that we will be free to use, disclose, reproduce, modify, license, transfer and exploit any of the foregoing suggestions or ideas in any manner.
Article 18 - Notices
Customer consents to receive electronic communications from Design Lion, whether addressed to the e-mail address associated with such Customer's Design Lion account or posted on Design Lion's site. Customer acknowledges and agrees that any communication via e-mail or by postings on Design Lion's site satisfies any legal requirement that such communications be made in writing.
Article 19 - Disclaimers and Limitation of Liability
Design Lion is not responsible for and makes no warranties, express or implied, as to any Content appearing on or accessed through Design Lion's site, including without limitation, Customer created content or the accuracy and reliability of the Content, including Customer created content, posted on Design Lion's site, whether caused by the Customer or by any of the equipment or programming associated with or utilized in Design Lion's site. Content and Customer created content, does not necessarily reflect the opinions or policies of Design Lion. Reviews created and posted by the Customer may contain links to other websites. Design Lion is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Design Lion. Inclusion of any linked website on Design Lion's site does not imply approval or endorsement of the linked website by Design Lion. When you access these third party sites, you do so at your own risk. Design Lion takes no responsibility for third party advertisements or third party applications that are posted on or through Design Lion's site, nor does it take any responsibility for the goods or services provided by its advertisers. Design Lion is not responsible for the conduct, whether online or offline, of any Customer of Design Lion. Design Lion assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Customer communication. Design Lion is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or on Design Lion's site or combination thereof, including any injury or damage to Customers or to any person's computer related to or resulting from participation or downloading materials in connection with Design Lion. Under no circumstances shall Design Lion be responsible for any loss or damage, including personal injury or death, resulting from use of Design Lion's site, from any Content and Customer created content, posted on or through Design Lion's site, or from the conduct of any Customer, whether online or offline.
Design Lion's site is provided by Design Lion on an "as is" and "as available" basis. To the fullest extent permissible by applicable law, each Design Lion provider disclaims all implied warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Without limiting the foregoing, neither Design Lion nor any Design Lion provider makes any representation or warranty of any kind, express or implied: (i) as to the operation of Design Lion's site, or the information, Content and Customer created content, and materials or products included thereon; (ii) that Design Lion's site will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information, Content, and Customer created content, service, or merchandise provided through Design Lion's site; or (iv) that Design Lion's site, its servers, Content, and Customer created content, or e-mails sent from or on behalf of Design Lion are free of viruses, scripts, trojan horses, worms or other harmful components.
Design Lion does not guarantee the continuous, uninterrupted or secure access to Design Lion's site, or any related services. The operation Design Lion's site may be interfered with by numerous factors outside the control of Design Lion.
Under no circumstances shall Design Lion or any Design Lion provider be liable for any damages that result from the use of or inability to use Design Lion's site, including but not limited to reliance by a Customer on any information obtained from Design Lion or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to Design Lion's records, programs, or services. Customer hereby acknowledges that this paragraph shall apply to all Content and Customer created content, merchandise, and services available through Design Lion's site.
Neither Design Lion nor any Design Lion provider will be liable for any indirect, incidental, special or consequential damages arising from the use of Design Lion's site, or the purchase or download of any Content, or product therefrom, even if Design Lion or any Design Lion provider have been advised of the possibility of such damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to a Customer, some or all of the above disclaimers, exclusions, or limitations may not apply to such Customer, and such Customer may have additional rights.
Article 20 - Titles and Headings; Independent Covenants
The titles and headings of these Terms are for convenience and ease of reference only and shall not in any way be utilized to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in these Terms shall for all purposes be construed to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of these Terms to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of these Terms shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
Article 21 - Severability
The provisions of these Terms are intended to be severable. If for any reason any provision of these Terms shall be held invalid or unenforceable in whole or in part in any applicable jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. The failure of Design Lion to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
Article 22 - Applicable Law; Jurisdiction
Design Lion's site is created and controlled by Design Lion in the Netherlands. The laws of the Netherlands will govern the Terms, without giving effect to any principles of conflicts of laws. Each of Design Lion and Customer agrees to submit to the nonexclusive personal jurisdiction of the courts located within Gelderland, the Netherlands and waives any objection to the laying of venue of any litigation in said courts.
Article 23 - Dispute Resolution
Any claim or controversy at law or equity that arises out of the Terms or Design Lion (each a "Claim"), shall be resolved through binding arbitration conducted by telephone, online or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the Netherlands Arbitration Institute, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Alternatively, at Design Lion's sole option, a Claim (including Claims for injunctive or other equitable relief) may be adjudicated by a court of competent jurisdiction located in Gelderland, the Netherlands.
Any Claim shall be arbitrated or litigated, as the case may be, on an individual basis and shall not be consolidated with any Claim of any other party whether through class action proceedings, class arbitration proceedings or otherwise.
You are solely responsible for your interactions with other Customers. Design Lion reserves the right, but has no obligation, to become involved in any way with disputes between you and other Customers.
Each of the parties hereby knowingly, voluntarily and intentionally waives any right it may have to a trial by jury in respect of any litigation (including but not limited to any claims, counterclaims, cross-claims, or third party claims) arising out of, under or in connection with these Terms. Further, each party hereto certifies that no representative or agent of either party has represented, expressly or otherwise, that such party would not in the event of such litigation, seek to enforce this waiver of right to jury trial provision. Each of the parties acknowledges that this section is a material inducement for the other party entering into these Terms.
Article 24 - Copyright
All Content is property of Design Lion or the property of our content suppliers and is protected by international copyright laws.
All Content is or may be copyrighted as a collective work under the Dutch copyright law (called "Auteursrecht"), U.S. copyright laws and international copyright laws, and Design Lion owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. Customer may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part.
The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. All Content that is not property of Design Lion is used with permission.
The arrangement and compilation of all Content is our exclusive property and is protected by international copyright laws. All software used on Design Lion's site is property of Design Lion or the property of our software suppliers and is protected by international copyright laws.
Article 25 - Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Design Lion, including Customer created content, infringe your copyright, you (or your agent) may send Design Lion a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Design Lion to locate the material on Design Lion's site; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Design Lion a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov/legislation/dmca.pdf for details. Notices and counter-notices with respect to this website should be sent to:
Design Lion
Postbus 40
6640AA Beuningen
The Netherlands
support@designlion.com
Design Lion suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Article 26 - Acknowledgment
The Terms, including all documents referenced herein, represents the entire understanding between Customer and Design Lion regarding Customer's relationship with Design Lion and supersedes any prior statements or representations. Headings used in the Terms are for reference only and shall not affect the meaning of any terms. "Including" means "including, without limitation."
Article 27 - Modification
Design Lion reserves the right to make changes to Design Lion's site, posted policies and Terms at any time without notice or liability. These terms were last revised on January 1, 2015.