TERMS AND CONDITIONS OF USE

Thank you for visiting DesignRush’s Online Platform and viewing these terms and conditions of use (these “Terms of Use”). Our Online Platform includes this DesignRush web site found at www.designrush.com and such others as we may make available from time to time as well as our authorized mobile or other apps and certain limited features of our social media presence that we integrate with and control as described here (“Online Platform”).

1.   Scope. By using or downloading our Online Platform, you are agreeing to these Terms of Use as well as our privacy policy (“Privacy Policy”). We may revise these Terms of Use at any time as described here. It is important that you understand that our Online Platform is not the same as our products and services. If you formally become a customer of our product or service offerings, you will be required to enter into a subscription or other agreement. That agreement will have its own terms and conditions governing your rights and obligations as a customer of our offerings. That said, these Terms of Use are a legal document, so clarity is important. We use this section to let you know about some words that have special meanings whenever you see them here. The words “you” and “your” refer to each individual accessing and using the Online Platform. The words “DesignRush”, “we”, “us” and “our” refer to the DesignRush Inc., acting on behalf of itself and, where applicable, its affiliates and third-party licensors. You also will notice that we capitalize certain additional words in these Terms of Use even though grammatical rules do not require. We do this because in the context of these Terms of Use, such capitalized words have specific meanings which can be found where they are first used, as indicated by bold text.

2.   Rights and Conditions. You may access and view the text, images, graphics, logos, audio, video and other information and materials made available on or from the Online Platform (the “Content”) on your computer or other Internet compatible device solely in connection with your personal, non-commercial use. You also may print out and make copies of the Content in connection with such permitted, personal, non-commercial use. You may not make use of the Online Platform or any Content for any commercial purpose whatsoever unless you have received our express written prior permission in advance. You acknowledge that any use of Online Platform and Content, except as otherwise permitted in this paragraph, is a breach of these Terms of Use. Breach of certain paragraphs of these Terms of Use also may be a violation of applicable law. We will not be responsible or liable for any loss or damage arising from your failure to comply with these Terms of Use.

3.   United States; Governing Law. We control and operate the Online Platform from within the United States of America (the “USA”). Although we generally do not block or monitor visitors from other countries, the Online Platform is directed only at visitors from the USA, 18 years of age and over. The English language version of these Terms of Use is the controlling version regardless of any translation you may attempt. We do not represent that the Online Platform or any Content is appropriate or lawful for use in other locations outside of the USA or that our operation (including our processing and handling of submissions you may make) will comply with all local laws. Users who choose to access the Online Platform from outside the USA or, per Section 8, submit materials from outside the USA and/or as non-USA citizens, do so of their own initiative, and are responsible for compliance with all applicable local, state, national and international laws and treaties. These Terms of Use are governed by and construed in accordance with the laws of the State of New York and the federal laws of the USA enforced within, without regard to principles of conflicts of laws. All proceedings relating to us, the Online Platform or these Terms of Use must be brought in the state or federal courts located in New York County, New York, USA and you hereby irrevocably consent to the personal and exclusive jurisdiction of such courts.

4.   Content. Content may have a variety of origins, including information generated and provided by us and third parties. We do not provide any warranty that the Content is or will be:

  • accurate or complete;
  • current (or that it will be updated);
  • error free (either technically or with respect to typographical errors); and/or
  • free from interruptions, computer viruses or other harmful components.

You may make use of the Content under the rights set forth Section 2, but under no circumstances will we be liable for any loss or damage caused by your reliance on Content. The Content may include ratings of agencies and such ratings do not necessarily reflect the quality of the agency. It is therefore your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice or other elements of the Content.

5.   Account Registration. In order to use certain features of the Online Platform you will have to register with the applicable portion of the Online Platform and create an account (an “Account”). If you elect to create an Account you: (a) agree to submit complete, accurate, and current information and data about you as required during the registration process (the “Registration Information”); and (b) to maintain and promptly update your Registration Information. If you submit any information that is inaccurate or incomplete, or DesignRush has a reasonable belief to suspect that such is the case, DesignRush has the right to suspend or terminate your Account and use of the Account immediately. As part of the registration process, you may be issued dual authentication credentials in the form of a unique user identification (“User Name”) and password (“Password”). Your commitment to maintaining the strict confidentiality of that information is a material condition of your access and use of the Online Platform. You must not use or allow others to use your User Name and Password and you agree to: (i) immediately notify us of any unauthorized use of your User Name or Password or any other breach of security related to the Online Platform; and (ii) ensure that you log-off and exit from your Account at the end of each session. It is also your responsibility to notify us if you desire to cancel your Account.

Please remember, your User Name and Password for the Online Platform is not the same as any credentials we issue to you to access our product and services offerings.

6.   Trademarks and other Intellectual Property Rights. The logos, names and other similar marks (collectively, the "Trademarks") displayed on the Online Platform are registered and unregistered Trademarks of ours and our licensors and may not be used unless authorized by the Trademark owner. The print-outs and copies you are permitted to make under Section 2 may have Trademarks on them and you may make incidental, non-commercial use to the same extent as those print-outs and copies. Except for such incidental use, nothing contained on the Online Platform or in these Terms of Use should be construed as granting you any license or other right to use any Trademark displayed. As between you and us, we are the exclusive owners of all right, title and interest, including intellectual property rights (including copyrights, patents and trademarks), proprietary rights (including trade secrets and database rights) and moral rights (including rights of attribution and authorship) throughout the world in and to the Online Platform, its Content and its and their look and feel, design and organization and compilation as well as all Trademarks. If you believe any content appearing on the Online Platform violates your intellectual property rights, please give us notice as further described here so we can consider appropriate take down procedures.

7.   Social Media. This section applies to everyone who interacts with our social media presence. You are therefor viewing this page because you either linked from the social media features on our Online Platform (“Internal Social Media Features”) or from comment sections, feeds and other elements of social media presence viewable on Facebook, Twitter, YouTube, Google+, LinkedIn or any of the many other available external third party social media platforms we may utilize (“External Social Media Presence”). Social media platforms are places of public information exchange, and you should have no expectation of privacy when using them. Specifically, our Privacy Policy does not apply to our External Social Media Presence. The sites and platforms that host our External Social Media Presence are not controlled by us and therefore their own, and not our privacy policies and terms of use will apply. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of DesignRush. Comments that some would consider inappropriate or offensive may appear on our Internal Social Media Features and on our External Social Media Presence and may remain there until they have been identified by us or called to our attention and we are able to work through the necessary procedures and technical processes to have them removed. If you see an offensive or inappropriate post or comment on our External Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose. If you see such a post on Internal Social Media Features it should be reported directly to us via the contact information listed here.

8.   Submitted Materials; User Generated Content. All information, ideas, suggestions, concepts or other materials submitted by you voluntarily or at our request, such as questions sent to us via the “Contact Us” link or user generated content on our Internal Social Media Features or External Social Media Presence (collectively, “Submitted Materials”) may be used by us in any lawful manner, provided that personal information portions of Submitted Materials will only be used as described in our Privacy Policy. By providing Submitted Materials you: (a) represent and warrant that you own or otherwise have all necessary rights to do so and that the Submitted Materials comply with applicable laws; and (b) grant to us a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell, export and otherwise use such material (in whole or part) and/or to incorporate it in other works in any form, media or technology now known or later developed. We cannot be responsible for maintaining any Submitted Materials that you provide to us; therefore you should retain copies of all such data and information in your own records.

9.   Other Policies and Terms. Our collection of certain information about you, including personal information provided as part of the above described Submitted Materials, is subject to our Privacy Policy which is incorporated herein by reference for all purposes. Sales of our products and services are governed by separate terms and conditions of sale and related contract documents and not these Terms of Use. Any attempt to submit a purchase order or similar document as Submitted Materials in order to circumvent our separate product and/or services sales contracts is hereby rejected and null, void and of no effect.

10.   Prohibited User Conduct. You are expressly prohibited from doing any of the following to the Online Platform, or using any portion of the Online Platform for purposes of, or in connection with: (a) reverse engineering, making machine code human readable or creating derivative works or improvements; (b) copying them; (c) commercially exploiting or providing them to third parties (whether by sublicense, sale or other means); (d) introducing, transmitting or storing malicious code; (e) interfering with their security or operation; (f) framing or mirroring them outside of your employer’s intranets; (g) creating, benchmarking or gathering intelligence for a competitive offering; (h) removing, modifying or obscuring proprietary rights notices on them; (i) defaming or harassing; (j) infringing another’s intellectual property rights including failing to obtain permission to upload/transfer/display works of authorship; (k) intercepting or expropriating data; and/or (l) spamming, spoofing or otherwise misrepresenting transmission sources.

11.   Third Party Web Sites.

     (a)    Links from our Online Platform. You may see on the Online Platform hyperlinks or pointers to other web sites maintained by third parties and we also may provide third party content on the Online Platform by framing or other methods (collectively, “Links”). Links are provided for your convenience and information only. The fact that we provide a Link does not mean that we endorse, authorize or sponsor that web site or offering or that we are affiliated with the third party owners or sponsors. Except for the links to our brands, products and services within the Online Platform, neither the web sites nor parties to which a Link will bring you are under our control, and as such we are not responsible in any way for their availability, content, advertising, products or materials, including any further links their sites may contain. This means that once you follow an external Link, you are no longer subject to our Privacy Policy. You should, therefore, carefully review the privacy statements and other conditions of use and sale related to any Links. We reserve the right to terminate a Link at any time without notice.

     (b)    Links to our Online Platform. In general, we do not object to Links to our Online Platform from third-party sites including social media. If you Link to our Online Platform, we: (i) reserve the right to object to and delete such Link at any time, for any reason; and (ii) require that you abide by the following rules:

  • you may not present the Link to our Online Platform in any manner that suggests DesignRush has any relationship or affiliation with your site or endorses, sponsors or recommends the information, products, services, or content on your site unless DesignRush expressly agrees to your doing so in writing;
  • we reserve the right to object to any Link which uses Trademarks; and
  • your Link may not in-line, frame or otherwise incorporate Content unless DesignRush grants its express permission in writing.

Links from obscene, scandalous, profane, defamatory, or unlawful sources, or any site that may adversely affect the name, reputation and goodwill of DesignRush and its products or services are prohibited. In addition, the use of Trademarks or other words or codes identifying DesignRush or its products in any “metatag” or other information used by search engines or other information location tools is strictly prohibited unless we grant express permission in writing.

12.   DMCA. We respect the intellectual property rights of others and require that the individuals who use the Online Platform do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to DesignRush’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

  • your address, telephone number, and email address;
  • a description of the copyrighted work that you claim has been infringed;
  • a description of the alleged infringing material and where the alleged infringing material is located;
  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Copyright Agent:
DesignRush Inc.
16901 Collins Avenue
Suite 2805
Sunny Isles Beach, FL 33160
Phone: 347 391 8637
Email: info@designrush.com

13.   Liability and Indemnity. THE ONLINE PLATFORM, ITS CONTENT AND ANY OTHER INFORMATION, FEATURES AND FUNCTIONS OR SERVICES ON IT ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DESIGNRUSH, ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MEMBERS, MANAGERS, SHAREHOLDERS AND REPRESENTATIVES (“DESIGNRUSH PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED OR STATUTORY. IF YOU ARE DISSATISFIED WITH THE ONLINE PLATFORM, THE CONTENT OR ITS FEATURES AND FUNCTIONS AND SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE ITS USE. THE DESIGNRUSH PARTIES, HAVE NO LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, (INCLUDING CLAIMS OF DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO YOUR USE OF, OR THE INABILITY TO USE, THE ONLINE PLATFORM, ITS CONTENT OR FEATURES AND FUNCTIONS AND SERVICES THAT YOU ACCESS THROUGH THE ONLINE PLATFORM. THESE LIMITATIONS SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE DESIGNRUSH PARTIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE. You agree to defend, indemnify and hold the DesignRush Parties harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Online Platform, or your breach or violation of applicable laws or of these Terms of Use. DesignRush reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with DesignRush’s defense of such claim.

14.   Term and Termination. These Terms of Use apply to all users of the Online Platform at all times, as described previously here, until we supersede and replace them as described here. We may at any time terminate, change, suspend, add to or discontinue any aspect of the Online Platform itself, or your right to use it, including your Account, without notice or liability to you.

15.   Miscellaneous. These Terms of Use and the Privacy Policy are the entire and exclusive agreement between us and all visitors and users of the Online Platform. Neither any course of conduct between the parties nor trade practice will modify these Terms of Use. We may assign our rights and duties under these Terms of Use to any party at any time without notice to you. You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Online Platform, these Terms of Use or the Privacy Policy must be filed by you within one year after such claim or cause of action arose or be forever barred. Should any provision of these Terms of Use be held to be unenforceable, that provision will be limited to the minimum extent necessary and the remaining provisions hereof shall remain in full force and effect. The waiver of any breach of these Terms of Use will not constitute a waiver of any other or future breach and will not act to amend or negate the rights of the waiving party. You many not assign your rights or obligations hereunder. The provisions of these Terms of Use pertaining to disclaimers, exclusion of damages, limitation of liability and indemnification shall survive termination. The word “including” is exemplary meaning “including, without limitation” or “including, but not limited to” unless otherwise indicated.

16.   Changes. Although we ask that you please check this page periodically for such revision, we will try to post notice that a revision has been made somewhere within the Online Platform. Whether or not we provide, or you see such notice, however, by continuing to access and use the Online Platform after the revisions are made, you will have accepted and agreed to the revised Terms of Use.

If you have questions, please contact us at 15 Cuttermill Road, Great Neck, NY 11021, by phone at 347-391-8637, or by email at info@designrush.com.