InteriorDesignPartners.com - Terms of Use
Last Revised: July 6, 2011
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE
This website is owned and operated by Kazzlo International LLC (collectively, 'us', 'we', 'Kazzlo', or 'the Company'). By using or accessing our website at www.InteriorDesignPartners.com (the 'Site'), you (the 'User') signify that you have read, understand, and agree to be bound by this Terms of Use Agreement ('Terms of Use', 'Terms', or 'Agreement'), whether or not you are a registered member of the Site. We reserve the right to add, delete, update, or otherwise change portions of these Terms at our sole discretion and at any time without notice. Any changes to these Terms will be posted on this page along with an updated 'Last Revised' date atop the page. Your continued use or access of the Site after any such changes constitutes your acceptance of the new Terms. It is your responsibility to regularly check this page to determine if there have been changes to these Terms of Use and to review any such changes. If you do not agree to abide by these or any future Terms of Use, or you do not meet or comply with their provisions, then you must immediately stop use of this Site. If you remain on this Site, you agree to be bound by this Agreement.
BY USING THIS SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Copyright Notice
Copyright 2011 Kazzlo International LLC. All rights reserved.
Copyright Complaints
We respect the intellectual property of others, and we request that you do the same. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company may at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
All claims of copyright infringement for material on the Site should be sent in written form to Kazzlo's Designated Agent:
Kazzlo Designated Agent for DMCA Notices
Kazzlo International, LLC
25 Boston Road
Westford, MA 01886
Phone: (978) 799-1916
Email: designated-agent@kazzlo.com
All claims must include the following information:
- A physical or electronic signature of the individual authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work that you claim has been infringed, including its location on the Site;
- Your address, telephone number, email address, and any other pertinent contact information;
- 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 that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Trademarks
The Kazzlo name and logo, the InteriorDesignPartners.com marks, and all other related product and service names, design marks, and slogans are trademarks, service marks, or registered trademarks of Kazzlo or its affiliates and may not be used in any manner without prior written consent of Kazzlo or the Kazzlo affiliate that owns any such marks. All other trademarks and service marks are trademarks of their respective owners.
Privacy
We care about the privacy of our users. Click here to view the Company's Privacy Policy which is considered part of this Agreement by reference.
Site Content and Limited License
All content on the Site, including text, graphics, video, photos, pictures, designs, programming, information, and other material, including the content's design and arrangement (collectively, the 'Site Content'), is the proprietary property of Kazzlo or its licensors, with all rights reserved. Site Content may not be reproduced, republished, copied, framed, displayed, posted, transmitted, distributed, sold, rented, leased, loaned, or otherwise made available, in whole or in part, in any form or by any means, without Kazzlo's prior written consent, except that the foregoing does not apply to your own User Content (as defined below) that you legally post or upload to the Site.
You are hereby granted a limited, terminable, non-exclusive license to access and use the Site and the Site Content, and to view, download, or print a copy of any Site Content to which you have properly gained access solely for your own personal, noncommercial use (or for your own internal business use when seeking job candidates for employment), provided that the above copyright notice clearly appears and remains on all such copies. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet, or Extranet site or incorporate the Site Content in any other compilation or database. Such license is subject to these Terms of Use and does not include use of any data mining, robots, screen scraping, or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Kazzlo, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time without notice and with or without cause.
Acceptable Use of the Site
The Site is intended for both individuals and home and office design trade businesses (including, but not limited to interior design firms, product vendors, and service professionals) that advertise on the Site in the form of advertiser listings, company profile pages, banner ads, and promotions (collectively, 'Advertisers'), as well as for companies, employers, or recruiters that post Job Listings on the Site ('Employers'), and for individuals seeking information, services, or employment from these Advertisers, Employers, or other Site sources. You agree that you are solely responsible for any content that you post to the Site and any consequences arising from such posting. Users may use this Site only for lawful purposes within the stated context of Kazzlo's intended and acceptable use of the Site. Kazzlo is the sole interpreter of the Site’s intended and acceptable use. You represent, warrant, and agree that you will not use (or plan, encourage, or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms and Conditions or by any applicable law. Kazzlo reserves the right to suspend or terminate your Site use and access at any time if the Company determines that you are in breach of any of our Terms and Conditions of use.
Per the limited license above, you may print, view, or download a single copy of the material on the Site solely for your own personal use (or for the purpose of searching for and recruiting job candidates in the case of Employers). You may not sell, transfer, or assign any products or services, or your rights to any products or services, provided by Kazzlo (including access to the Advertiser, Job Listing, Resume, School, Book, Magazine, Software, Article, Blog, or Event Databases) to any third party without the express written authorization of Kazzlo.
While using the Site, you agree to not:
- register for a User account on behalf of some individual, group, or entity other than yourself or your company, or create a false identity on the Site;
- use the Site in any unlawful manner or in any other manner that could disable, damage, overburden, or otherwise impair the Site or its servers or networks, including via the use of automated scripts or software to collect information from or otherwise interact with the Site;
- probe, scan, or test the the Site in an attempt to breach security or authentication measures without proper authorization;
- upload, post, distribute, or otherwise make available viruses or other technologies that may harm Kazzlo or the interests or property of its InteriorDesignPartners.com Users, or spam, chain letters, pyramid schemes, or any other illegal form of solicitation;
- upload, post, distribute, or otherwise make available any content that we deem to be false, inaccurate, misleading, harmful, threatening, abusive, inflammatory, harassing, defamatory, discriminatory, vulgar, obscene, fraudulent, infringing, illegal, hateful, invasive of another's privacy, or racially, ethnically, or otherwise objectionable;
- upload, post, distribute, or otherwise make publicly available on the Site any private information of any third party, including addresses, phone numbers, email addresses, Social Security numbers, or credit card numbers;
- harvest or otherwise collect information about Users, including email addresses and other contact information, by electronic or other means, for the purposes of sending unsolicited emails or other unsolicited communications that are unrelated to the intent and spirit of the InteriorDesignPartners.com website, without the Users' consent;
- respond to postings by other Users for any purpose or in any manner other than that which is expected (i.e. to initiate further discussion with Advertisers or Job Candidates or to apply for job positions being offered by Employers);
- solicit the business of Advertisers, Employers, or Job Candidates if you are a competitor (or you in any way represent a competitor) of Kazzlo and its Site;
- manipulate or interfere with listings of Advertisers, Employers, or Job Candidates on the Site;
- purchase items on the site, including advertising, job or resume listings, books, magazines, or software if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Site; or
- transfer your InteriorDesignPartners.com account (including user feedback) and username/password to another party without our consent.
Member Account and Security
If services that you use on the Site require you to open an account, you must provide us with complete, accurate, and current registration information. You are solely responsible for maintaining the security and confidentiality of the password that you choose. You are also solely responsible for any and all activities that occur under your account. You agree to notify us immediately if you suspect any unauthorized use of your account or any other breach of security. We will not be liable for any losses that you may incur as a result of another individual using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to another individual using your account.
User Content Posted to the Site
You are solely responsible for all content that you upload, publish, or display (collectively, 'Post') to the Site. This includes, but is not limited to text, messages, graphics, video, photos, pictures, information, feedback, company reviews, articles, blog or article comments, calendar events, advertiser listings and their profiles, banner ads, promotions, and job or resume postings (collectively, 'User Content'). You understand and agree that, while the Company is not obligated to do so, we may review any or all content on the Site, and may at our sole discretion and without notice, suspend, remove, or delete any User Content, for any reason or no reason, whether or not such User Content is deemed to have violated this Agreement or any applicable laws. You are responsible at your sole cost and expense for replacing any User Content you Post on the Site, including that associated with maintaining backup copies of said User Content.
You understand and agree that by posting User Content to the Site, you authorize and expect us to make copies of said User Content in order to facilitate the use of it on the Site, and you automatically grant to Kazzlo an absolute, perpetual, royalty-free, irrevocable, transferable, unrestricted, worldwide, right, license, and authority to publicly display, copy, reformat, translate, distribute, excerpt (in whole or in part), and otherwise use said User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or to incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time and without notice, and should you do so, the license granted above will automatically and immediately expire. You acknowledge and agree, however, that Kazzlo may retain one or more archived copies of any or all of your User Content indefinitely. Kazzlo does not assert any ownership over your User Content. You retain full ownership of all of your own User Content and any intellectual property rights or other proprietary rights associated with your User Content, subject to the rights granted to us in these Terms.
Your User Content may not contain any copyrighted material, trade secrets, or other content which either infringes upon, illegally misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others (unless you own the rights to the content or have the owner's permission to post the content to the Site). In addition, your User Content may not include (i) false, inaccurate, or misleading information; (ii) text or graphics that are intended for "spamming" purposes or that are sexually explicit, harmful, threatening, abusive, inflammatory, harassing, defamatory, discriminatory, vulgar, obscene, fraudulent, infringing, illegal, hateful, invasive of another's privacy, or racially, ethnically, or otherwise objectionable; (iii) anything that requires a monetary investment by the User, including a request for payment to obtain job or resume listings, a chain letter, or pyramid scheme.
In the case of Advertisers posting to the Site, User Content must contain an accurate description of the Advertiser's specific business or businesses, and listings must be posted under a category or categories representative of the specific business or businesses being advertised. Kazzlo may suspend or delete any User Content and/or disable your registered account if it determines that your User Content does not represent your precise business or that you misled Kazzlo about your business practices and/or services.
In the case of Job postings to the Site, your User Content must include sufficient detail to clearly convey to Users the nature and requirements of the particular job position being offered. User Content that does not contain such sufficient detail and instead encourages the User to send for more details about the job opportunity is strictly prohibited. User Content from any third party charging a fee or restricting complete access to all information about a job opportunity is also prohibited. Job listings must be individual job openings for traditional, W-2 or 1099 employees.
In the case of Resume listings posted to the Site, your User Content must include sufficient detail to clearly convey to Employers and other Users your qualifications as a job candidate. Resume posts must contain the accurate resume description of a living individual that is seeking employment on said individual's own behalf. User Content from any third party charging a fee or restricting complete access to all resume information is strictly prohibited.
User Disputes
You are solely responsible for your interactions with other Site users. While we have no obligation to do so, we reserve the right to monitor disputes between you and other users.
Termination
Kazzlo may prohibit you from using or accessing the Site or may terminate your membership and remove any Content you may have posted on the Site for any reason, or no reason, at any time in its sole discretion, with or without notice.
Disclaimer of Endorsement
Reference herein to any products, services, job listings, resume listings, schools, hypertext links to third parties, or other information by name, trade name, trademark, service mark, manufacturer, supplier, or otherwise does not constitute or imply an endorsement, sponsorship, or recommendation by Kazzlo, or a partnership with Kazzlo. Most of the websites linked to by this Site are not owned by Kazzlo. These design firm, product vendor, service professional, employer, job candidate, school, and various other websites (collectively, “Third-Party Sites”) may permit or encourage you to purchase and/or bid for products or services. Kazzlo makes no representations whatsoever concerning (i) the performance, operation, or availability of any Third-Party Site; (ii) any transactions initiated or conducted through any Third-Party Site (including any associated taxes, levies, or fines, or the use or storage of credit card or other personal information); (iii) the content appearing on or accessible from any Third-Party Site; (iv) any products, services, job offerings, or other items described, advertised, offered, or sold on or through any Third-Party Site (including, and without limitation, the quality, safety, and legality of such products or services or the sale thereof); or (v) the sellers or promoters of any products, services, or job offerings described, advertised, offered, or sold on or through any Third-Party Site.
If you choose to access any of the Third-Party Sites linked to this Site, you do so entirely at your own risk, and you are advised and encouraged to read the 'Terms of Use' and 'Privacy Policy' of each such Third-Party Site prior to using said Third-Party Site.
Other Disclaimers and Limitations on Kazzlo's Liability
Kazzlo is not responsible or liable in any manner for any User Content posted on the Site, whether posted by Kazzlo or its Site Users (including, and among others, Advertisers and individuals or businesses that post job or resume listings on the Site). Although our Terms of Use provides explicit rules for User conduct and posting of content, we do not control and are not responsible for what Site Users post or transmit on or through the Site and are not responsible for any unlawful, inappropriate, offensive, obscene, or otherwise objectionable content that you or other users may encounter on the Site. The Company is not responsible for the conduct, whether online or offline, of any Site User.
Kazzlo is neither an employment agency nor a recruiting firm, and therefore makes no guarantees or representations regarding the effectiveness or timeliness of the Site in meeting the employment objectives of Site Users. Kazzlo in no way guarantees that job-related or other Content posted by Users will result in job positions being filled or job candidates being hired. Kazzlo is not responsible for any employment decisions made by any Site User, no matter why or how any such decision may be made.
The Site may be temporarily unreachable or otherwise unavailable from time to time for site maintenance or other reasons. Kazzlo does not warrant that the Site and its servers and related equipment are free of computer viruses or other harmful content or mechanisms. Kazzlo assumes no responsibility for any loss or damage resulting from any individual's or business' use of the Site, its User Content, or any exchanges or other interactions between users of the Site, whether online or offline. If your use of the Site results either directly or indirectly in the need to replace data or service or replace equipment, Kazzlo is not responsible for the associated costs.
USERS OF THIS SITE ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS SITE AND THE INTERNET IN GENERAL. KAZZLO AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR THE ACCURACY, LEGALITY, RELIABILITY, SAFETY, USEFULNESS, OR COMPLETENESS OF ANY CONTENT, PRODUCTS, OR SERVICES DESCRIBED BY, LISTED ON, DISTRIBUTED THROUGH, LINKED TO, DOWNLOADED FROM, OR OTHERWISE ACCESSED FROM THIS SITE.
UNDER NO CIRCUMSTANCES AND IN NO EVENT SHALL KAZZLO OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXTRAORDINARY, EXEMPLARY, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOSS OF USE, DATA, OR PROFITS) IN CONNECTION WITH OR ARISING FROM (I) THE USE, PERFORMANCE, OR AVAILABILITY OF THIS SITE OR ANY THIRD-PARTY SITE; (II) ANY CONTENT, PRODUCTS, OR SERVICES DESCRIBED BY, LISTED ON, DISTRIBUTED THROUGH, LINKED TO, DOWNLOADED FROM, OR OTHERWISE ACCESSED FROM THIS SITE (INCLUDING, AND WITHOUT LIMITATION, THOSE ACCESSED VIA A THIRD-PARTY SITE); (III) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF INFORMATION OR MATERIAL ON OR IN CONNECTION WITH THIS SITE, OR PURCHASED ON OR THROUGH A THIRD-PARTY SITE; (IV) THE INTERNET IN GENERAL; OR (V) THE TERMS OF THIS AGREEMENT, WHETHER DUE TO NEGLIGENCE OR OTHER TORT, BREACH OF CONTRACT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT KAZZLO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
No Warranties
Content on this Site may include inaccuracies or typographical errors.
This Site is made available to you on an "as is" basis, without any warranties of any kind, and without any representations or guarantees. Use this Site at your own risk. Kazzlo and its affiliates hereby disclaim all warranties, representations, and endorsements, whether express or implied, and including, but not limited to, any and all implied warranties of merchantability, fitness for a described purpose, title, or infringement, with respect to the products and services listed on or purchased on or through this Site or any Third-Party Site. No advice or information given by Kazzlo or its affiliates shall be deemed to create or claim any warranty. Kazzlo reserves the right to change any and all Content on the Site at any time without notice.
Without limiting the generality of the foregoing, Kazzlo and its Affiliates do not warrant, guarantee, or represent that this Site or the Internet in general will be uninterrupted or error free or that any content accessible from this Site is free of viruses or other potentially harmful components.
Neither Kazzlo nor its Affiliates make any warranties, guarantees, or representations regarding (i) the use, availability, or performance of this Site or any Third-Party Site; (ii) the accuracy, legality, reliability, safety, usefulness, or completeness of any content, products, or services described by, listed on, distributed through, linked to, downloaded from, or otherwise accessed from this Site or a Third-Party Site; (iii) any products, services, job offerings, or other items purchased or obtained as a result of information or material on or in connection with this Site, or purchased or obtained on or through a Third-Party Site; or (iv) the internet in general.
In the event of any conflict between this section and other terms or provisions of this Agreement, this section shall be construed to take precedence.
Governing Law and Jurisdiction
By visiting this Site or using this Site and its Content, you agree that the laws of the State of Massachusetts, without regard to the conflict of laws and principles thereof, will govern these Terms of Use and will apply to all matters relating to the use of this Site or disputes of any kind that may arise between you and Kazzlo or any of its affiliates. You agree that any such dispute between you and Kazzlo regarding these Terms will be subject to the exclusive jurisdiction of the state and federal courts located in Middlesex County, Massachusetts, and you hereby agree to personal jurisdiction and venue of such courts.
Indemnity
You agree to indemnify and hold Kazzlo and its affiliates, and each of their directors, managers, agents, contractors, partners and employees harmless from and against any loss, liability, damages, demand, claim, costs and expenses (including reasonable attorney fees) arising out of or in connection with your use of the Site, any User Content on the Site or a Third-Party Site, or your Conduct in connection with the Site or with other Site Users, or any violation of this Agreement or of any law or the rights of any third party.
General
These Terms of Use constitute the entire agreement between you and Kazzlo regarding your use of the Site, superseding any prior agreements relating to your use of the Site. If any provision of these Terms of Use are found by a court of competent jurisdiction to be invalid, the remainder of this Agreement shall continue in full force and effect and shall in no way be affected, impaired or invalidated. Kazzlo's failure to exercise or enforce any right or provision of these Terms of Use shall not in any way constitute a waiver of such right or provision in that instance or in any other instance.