Terms & Conditions
sharedesign.com Member Agreement
Share Design Pty Ltd Member Agreement
sharedesign.com is an online service that enables our members to build collections of design items and articles through its Design Files feature.
These features may be accessed through other Share Design Pty Ltd websites.
We'd love for you to use our service. Our service is free. By using the sharedesign.com and web site services of Share Design Pty Ltd, you are agreeing to be bound by the following Member Agreement and by our Community Guidelines.
Collectively these two documents are the Terms & Conditions of using the web properties found at the root domain of sharedesign.com.
You must read, agree with, and accept all of the terms and conditions contained in this Member Agreement before you may become a member of Share Design. We may amend this Agreement at any time by posting the amended terms on the site. This Agreement is effective upon acceptance in registration for new registering users, and is otherwise effective September 1, 2011 for all users.
What We Ask of You:
1. You are allowed one membership account on Share Design.
2. You are responsible for your activity on Share Design, and any activity that occurs under your member name.
3. You are responsible for keeping your password secure.
4. You are over the age of 18; or you are 13 years or older and using the site with the permission of, in conjunction with, and under the supervision of your parents or legal guardians. If you do not qualify, please do not use our Site.
5. You must not abuse, harass, threaten, impersonate or intimidate other Share Design members.
6. You agree not to modify, adapt or hack sharedesign.com or modify another website so as to falsely imply that it is associated with sharedesign.com
7. You agree not to create or submit unwanted email to any Share Design members ("e-mail Spam").
8. You agree not to transmit any worms or viruses or any code of a destructive nature.
9. You agree you will not, in the use of Share Design, violate any laws in your jurisdiction.
10. You agree to abide by our Community Guidelines, which are incorporated by reference into the Member Agreement. Violation of any of these terms will result in the termination of your sharedesign.com account.
Terms and Conditions
We gratefully acknowledge and thank Automattic for making their Terms and Conditions available under a Creative Commons license. We have used their terms as a basis for the following Terms and Conditions that govern all use of the sharedesign.com website ("The Website") and our related services, including our widgets and other applications.
The Website is owned and operated by Share Design Pty Ltd.
Please read this Agreement carefully before accessing or using The Website. By accessing or using any part of The Website, 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 Share Design Pty Ltd considers these terms and conditions an offer; acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
1. Your sharedesign.com Account and Site
If you create a Design File collection on The Website, you are responsible for maintaining the security of your account collection, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with your collection of images or videos.
You must not describe or assign keywords to your collection in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Share Design Pty Ltd may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Share Design Pty Ltd liability.
You must immediately notify Share Design Pty Ltd of any unauthorized uses of your collection, your account or any other breaches of security.
Share Design Pty Ltd 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.
2. Responsibility of Contributors
If you maintain a Design File collection, comment on another member’s collection, post material to The Website, post links on The Website, or 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, or videos you've collected from other websites.
By making Content available, you represent and warrant that:
- 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 third party;
- 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 Content;
- 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 obscene, libelous or defamatory (more info on what that means), hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
- Your collection is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your video collection’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 Share Design Pty Ltd or otherwise.
By submitting Content to Share Design Pty Ltd for inclusion on The Website, you grant Share Design Pty Ltd a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Design File collection. If you delete Content, Share Design Pty Ltd 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, Share Design Pty Ltd has the right (though not the obligation) to, in Share Design Pty Ltd’s sole discretion (i) refuse or remove any content that, in Share Design Pty Ltd’s reasonable opinion, violates any Share Design Pty Ltd 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 Share Design Pty Ltd’s sole discretion. Share Design Pty Ltd will have no obligation to provide a refund of any amounts previously paid.
3. Fees and Payment
sharedesign.com is a free service. We may, at some time in the future, add new capabilities and features only available to paying members.
4. Responsibility of Website Visitors
Share Design Pty Ltd 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, Share Design Pty Ltd 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.
Share Design Pty Ltd 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 posted.
5. 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 web pages to which sharedesign.com links, and that link to sharedesign.com.
Share Design Pty Ltd does not have any control over those non-Share Design websites and web pages, and is not responsible for their contents or their use.
By linking to a non-Share Design website or webpage, Share Design Pty Ltd 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. Share Design Pty Ltd disclaims any responsibility for any harm resulting from your use of non-Share Design websites and web pages
6. Copyright Infringement Policy
As Share Design Pty Ltd 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 sharedesign.com violates your copyright, you are encouraged to notify Share Design Pty Ltd.
In particular, if you are a copyright owner or an agent thereof and believe that any sharedesign.com content infringes upon your copyrights, you may submit a notification pursuant to the Australian Copyright Act 1968 by providing Share Design at firstname.lastname@example.org with the following information in writing:
- A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Share Design Pty Ltd or others, Share Design Pty Ltd may, in its discretion, terminate or deny access to and use of The Website. In the case of such termination, Share Design Pty Ltd will have no obligation to provide a refund of any amounts previously paid to Share Design Pty Ltd.
7. Intellectual Property
This Agreement does not transfer from Share Design Pty Ltd to You any Share Design Pty Ltd or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Share Design Pty Ltd. Share Design Pty Ltd, Share Design, sharedesign.com, the sharedesign.com logo, and all other trademarks, service marks, graphics and logos used in connection with sharedesign.com, or The Website are trademarks or registered trademarks of Share Design Pty Ltd or Share Design Pty Ltd’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 Share Design Pty Ltd or third-party trademarks.
All Share Design original content and photographs are subject to copyright and must not be reproduced without our express prior written permission.
Share Design Pty Ltd 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.
Share Design Pty Ltd 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.
Share Design Pty Ltd 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 sharedesign.com account (if you have one), you may simply discontinue using The Website.
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.
10. Disclaimer of Warranties
The Website is provided “as is.” Share Design Pty Ltd 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 Share Design Pty Ltd nor 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.
11. Limitation of Liability
In no event will Share Design Pty Ltd, 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 or 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 Share Design Pty Ltd under this agreement during the twelve (12) month period prior to the cause of action.
Share Design Pty Ltd 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.
12. General Representation and Warranty
You agree to indemnify and hold harmless Share Design Pty Ltd, 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 out of your violation this Agreement.
This Agreement constitutes the entire agreement between Share Design Pty Ltd and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Share Design Pty Ltd, or by the posting by Share Design Pty Ltd 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 Victoria, Australia, 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 Melbourne, Victoria.
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; Share Design Pty Ltd 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.
We want Share Design to be a place that anybody can enjoy. Your Design File is a place for you to amuse, inspire and educate your friends, family and design professionals that you work with.
Design Files are private but you can share them with others as you wish. At some future point there may also be the ability to upload material from other sites.
Most of all, have fun and enjoy sharedesign.com and your interactions with other members. If you come across someone who is violating these guidelines, please inform the Share Design team at email@example.com and we will look into it as soon as possible.