DesignAFabric is a Web service that gives you the power to print your own textiles. In addition to creating custom fabric, you can also create pillows, and in the future, upholstery, bags and wall art. It is our goal to create a site that is accessible and useful to as many people as possible. What we all share is a passion for design, fabric and upholstery. A few basic values:
- Respect and support for copyrights, both yours and those of others. You cannot upload designs to DesignaFabric that you don’t own or have permission to reproduce. It is your responsibility to understand the permissions associated with any design you upload.
- Your control of your own designs. At all times you retain both copyright and control over your designs. We will not sell, share, or reproduce your work.
When you post designs to DesignaFabric Web site, you keep your copyright. DesignaFabric is required to be able to copy, crop and modify your work. DesignaFabric will only perform these actions to the extent necessary to provide its service, but by submitting Content to DesignaFabric you grant DesignaFabric a nonexclusive, transferable license to do so. All Designs uploaded to our Site are private.
By uploading photographs, designs, drawings, text or other content [“Content”] to the Site you represent and warrant that:
- you have the lawful right to reproduce and distribute such Content;
- that the Content complies with all applicable federal, state, and local laws, regulations and ordinances;
- that the Content does not violate any copyright, trademark, trade secret or other intellectual property right of any third party;
- that the Content does not invade any individual’s right of privacy or celebrity;
- that the Content is not unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortious, hateful, or racially, ethnically or otherwise objectionable.
In using this Site, you also agree:
- not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- not to upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
- not to upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- not to upload, download, post, email or otherwise transmit false or misleading information;
- not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites.
- not to access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
- not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked Web sites;
- not to collect or store personal information about any other use of the Site.
You understand that DesignaFabric provides an automated Web service and does not filter or examine Content uploaded to or published on the Site, but that DesignaFabric and its designees shall have the right (but not the obligation) in their sole discretion to review and to reject or remove any Content that is available via the Site. Upon placing any order through the Site, you acknowledge that DesignaFabric may review it and the Content it contains for adherence to our guidelines and compliance with the terms and conditions set forth in these Terms. Without limiting the foregoing, DesignaFabric and its designees shall have the right to refuse to fulfill any order for any reason and to remove any Content that violates the Agreement or is otherwise objectionable to us. At our discretion we will remove Content and/or user accounts that violate our policies with respect to the Site. DesignaFabric reserves the right to amend the policies described above from time to time at its sole discretion.
You acknowledge and agree that you are responsible for the creation and compilation of your Content, and that neither DesignaFabric nor any other party involved with the production of any product incorporating such Content, including but not limited to fabric, assumes that responsibility. DesignaFabric’s production of any product depicting your Content, including but not limited to fabric, does not indicate that DesignaFabric accepts, approves of or endorses the Content, that the Content complies with applicable laws, or that you are absolved of any liability or harm arising from the use of the Content.
You hereby agree to waive any claims against DesignaFabric and its affiliates, contractors, agents, third party service providers and employees (collectively, “Representatives”) for losses, damages and injuries which are based on or relate to communications or materials made available to the Site or posted on the Site, including other Content, by other users and persons other than DesignaFabric or its Representatives.
Member Account, Password
If you register on the Site, you will receive an email confirming the creation of a DesignaFabric account. Activating your account requires the creation of a password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify DesignaFabric of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. DesignaFabric cannot be liable for any loss or damage arising from your failure to comply.
You represent and warrant that all contact and personal information provided to DesignaFabric during the registration process and otherwise shall be accurate and complete. If there are any changes to your contact information, you shall promptly update your registration information with DesignaFabric.
DesignaFabric is not liable for damage incurred due to use of personal data posted in a public profile or public designs on the Site.
DesignaFabric sets and accesses cookies to keep track of login status. Please refer to your browser's "Help" menu for how to change cookie preferences.
Personal information does not include DesignaFabric nickname or any information you make available through your public account settings. If you choose to make your profile public, your name, nickname and public contact information will be displayed on the site to other users.
You acknowledge and agree that any data, materials or content, including but not limited to designs, text, photos, images, etc. or other material contained or distributed on or through the Site by DesignaFabric, or its Representatives (“Content”) is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use, reproduce or distribute any Site Content without the authorization of the owner of such Site Content, except for uses permitted by law.
You acknowledge and agree that the Site and any software used in connection with the Site (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. All such Software and the Site shall remain the property of DesignaFabric and you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.
DesignaFabric respects the intellectual property rights of others. We ask our members to do the same. DesignaFabric may terminate the accounts of users it believes may be infringing the copyright or other intellectual property rights of others.
It is DesignaFabric’s policy to respond expeditiously to claims of infringement. DesignaFabric will promptly process and investigate notices of alleged copyright infringement and will take appropriate actions under applicable laws. DesignaFabric may terminate access for users and account holders whom it believes to be infringers at its sole discretion.
Please also note that under Section 512(f) of the Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. You may wish to contact an attorney for legal assistance on this matter prior to submitting a notification.
To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following:
a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b) a description of the copyrighted work(s) claimed to have been infringed;
c) an identification of the material that is claimed to be infringing, including a link to or description of where the claimed infringing Content is located on our Site so that DesignaFabric is capable of finding and verifying its existence;
d) contact information, including identification of the copyright owner, your name, address, telephone number, and email address
e) 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
f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are authorized to act on behalf of the owner of the copyright interest involved.
Send the written infringement notice and the materials above to our “Designated Agent” the following address:
DesignaFabric Email: firstname.lastname@example.org
Upon receipt of notices complying, or substantially complying, with the DMCA and this section, DesignaFabric will use its reasonable efforts to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and to remove or disable access to any reference or link to material or activity that is claimed to be infringing.
Warranty of Ownership and Non-infringement
YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE CONTENT WHICH YOU SUBMIT AND THAT THE CONTENT DOES NOT INFRINGE UPON THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS (COPYRIGHTS AND TRADEMARKS) OR OTHER RIGHTS OF OTHERS. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN THE CONTENT OR ANY PARTS OF THE CONTENT.
You agree to defend, indemnify and hold DesignaFabric and DesignaFabric’s officers, directors, employees and other Representatives harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) Content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of these Terms or (e) your violation of any rights of a third party.
You agree that DesignaFabric, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any Content you may have contributed to the Site, at any time for any reason or no reason. DesignaFabric may also in its sole discretion and at any time modify the Site, or any portion thereof, or discontinue providing the Site, or any part thereof, with or without notice. Further, you agree that DesignaFabric shall not be liable to you or any third-party for any termination of your access to the Site.
The Site may provide, or third parties may provide, links to other Web sites or resources. Because DesignaFabric has no control of such sites and resources, you acknowledge and agree that DesignaFabric is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that DesignaFabric shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Title and risk of loss for all Products ordered by you shall pass to you on DesignaFabric’s shipment to the shipping carrier. You shall be responsible for payment of all shipping, insurance, customs charges and other transportation costs for shipment of Products ordered by you through the Site, unless otherwise stated on the Site or agreed by DesignaFabric (such as through a special offer).
14) Deleting Designs Or Accounts
If you wish to terminate your DesignaFabric account, please contact us and request to do so.
We do retain copies of designs in our archives to the extent required by our systems for backing up and protecting our database and Web site.
If you delete your account, DesignaFabric will retain at its discretion your personal information as long as is reasonably required to fulfill the purposes for which it was collected. DesignaFabric does not retain residual rights to deleted or retired work other than those outlined above.
15) DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DesignaFabric AND ITS REPRESENTATIVES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DesignaFabric OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
DesignaFabric DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE, ITS CONTENT OR ANY PRODUCTS ORDERED THROUGH THE SITE, INCLUDING FABRICS, WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL DesignaFabric OR ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR ANY PRODUCTS ORDERED THROUGH THE SITE. IN THE EVENT THAT YOU OBJECT TO ANY OF THESE TERMS OR BE DISSATISFIED WITH YOUR USE OF THE SITE, YOUR ONLY RECOURSE IS TO IMMEDIATELY DISCONTINUE YOUR USE OF THE SITE AND IN THE EVENT THAT ANY PRODUCTS OBTAINED THROUGH THE SITE ARE DEFECTIVE, YOUR REMEDY AND DesignaFabric’S SOLE OBLIGATION SHALL BE RETURN OF THE DEFECTIVE PRODUCTS AND, UPON DETERMINATION BY DesignaFabric OF SUCH DEFECTS, REFUND OF ANY AMOUNTS PAID BY YOU TO DesignaFabric FOR SUCH DEFECTIVE PRODUCTS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree that any claim or cause of action arising out of or related to your use of the Site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.
DesignaFabric shall have no liability for any failure or delay resulting from any condition beyond the reasonable control of DesignaFabric, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and Internet disturbances.
This Agreement will be governed by the laws of the State of Florida. DesignaFabric may elect to resolve any controversy or claim arising out of or relating to these Terms or the Site by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Palm Beach County, Florida, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in Palm Beach County, Florida, necessary to protect the rights or the property of you or DesignaFabric (or its Representatives), pending the completion of arbitration.
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, subscribe to the newsletter, and in connection with other activities, services, features or resources we make available on our Site. Users may be asked for, as appropriate, name, email address, mailing address, phone number. Users may, however, visit our Site anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with our Site. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to our Site, such as the operating system and the Internet service providers utilized and other similar information.
How we use collected information
Designafabric.com may collect and use Users personal information for the following purposes:
- To improve customer service
Information you provide helps us respond to your customer service requests and support needs more efficiently.
- To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on our Site.
- To improve our Site
We may use feedback you provide to improve our products and services.
- To process payments
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
- To send periodic emails
We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on our Site.
Sharing your personal information
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
8392 Twin Lake Drive
Boca Raton, FL 33496
This document was last updated on December 06, 2013
Your payment and personal information is always safe when using our website. Our Secure Sockets Layer (SSL) software is the industry standard and among the best software available today for secure commerce transactions. It encrypts all of your personal information, incuding credit card number, name and address so that it cannot be read over the internet.