Design Thingy, DesignThingy.co (“DesignThingy”) welcomes you to its online service (the “Service”). In order to access DesignThingy Services and Content, you must agree to these Terms and Conditions of Service (“TOS”). For future reference, you can find the TOS at DesignThingy.co/terms. When using any DesignThingy owned or operated Services, including conversation on email, you are subject to any posted policies, guidelines, or rules applicable to such Services, including this TOS. All such policies, guidelines, and rules are hereby incorporated by reference into the TOS. You further agree, except as otherwise expressly provided in this TOS, there are no third party beneficiaries to this agreement.
You must be at least 13 years of age to access and view the Service. If you are 13 years or younger, please do not use this Service for any purpose.
PLEASE READ THESE ENTIRE TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, DO NOT USE THIS SERVICE, SINCE YOUR USE OF IT CONSTITUTES ACCEPTANCE OF ALL OF THE CURRENT TERMS AND CONDITIONS FOR ITS USE.
2. Description of service
DesignThingy provides on-demand services to its registered users and clients. Registered users will receive periodic emails containing Content. Clients can use the custom services like theme design, design to html converstion and customization services and enhancements to DesignThingy are subject to the TOS. Do not use the Content if you do not agree to abide by the terms of service. THE SERVICE IS PROVIDED “AS IS” AND DesignThingy ASSUMES NO RESPONSIBILITY FOR TIMELINESS, MIS-DELIVERY, OR FAILURE TO STORE ANY COMMUNICATION, WRITING, IMAGE, OR PERSONALIZATION SETTINGS.
You understand that you may receive business-related communications from DesignThingy such as announcements and administrative notices and you agree that these communications are not “unsolicited commercial email advertisements” and thus you agree to receive them and you will not be able to opt out of receiving such communications. You may, however, opt out of Content-delivery emails.
As a user of the Service you also understand and agree that the Service may include advertisements. You agree that such advertisements are not “unsolicited commercial email advertisements” and thus you agree to receive them. You understand and agree that your correspondence or business dealings with, or participations in promotions of, advertisers found on or through the Service, including payment and delivery of goods or Services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the advertiser. You agree that DesignThingy shall not be responsible or liable for any loss or damage incurred as the result of such dealings or as the result of the presence of such advertisers on the Service.
You understand that you are responsible for obtaining access to the Service and that access may involve third party fees. You are totally responsible for obtaining such access and paying those fees.
3. Rules of behavior
You are solely responsible for your own communications and use of the Content. You agree to use the Service and Content in a way that is legal and proper. You agree that you will not use the Content in any manner that infringes the rights of DesignThingy or any third party.
You must not impersonate another person or entity, which includes not using anyone else’s username or password. You must not retrieve, store or collect personal information about other users for any unauthorized purpose.
You must not use the DesignThingy Service for any illegal or unauthorized purpose. You must abide by all Central, State, and local laws. If you are outside India you must comply with all local laws with respect to your online conduct.
You cannot modify or delete any Content and communications on the DesignThingy site.
You cannot create member accounts under any false or fraudulent pretenses (including by automated means). You must not transmit any viruses, worms, defects, or any items or code of a destructive nature. You must not transmit or allow access or distribution of any spiders, robots, or other information gathering computer programs or routines or their equivalents on or in the Service. You must not interfere or disrupt the Service or servers or networks connected with the Service or disobey any requirements, procedures, policies, or regulations of networks connected to the Service.
You cannot use the DesignThingy name or trademark, which you acknowledge here to be valid, subsisting, and enforceable without impediment, and you will not expressly or by implication create the false or misleading impression that DesignThingy is associated with, or endorses, or is in any way connected with you, your business, or your Content.
WHILE DesignThingy EXPLICITLY PROHIBITS THE ABOVE CONDUCT YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND THAT YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK, AND THAT DesignThingy SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.
YOU UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THE RULES OF BEHAVIOR, DesignThingy CAN TERMINATE YOUR USE OF THE SERVICE IMMEDIATELY WITHOUT PRIOR NOTICE WITHOUT ANY RIGHT OF REFUND, SET-OFF, OR A HEARING.
The Service may provide links to other websites or resources. DesignThingy has no control over these sites and Content and therefore you acknowledge that DesignThingy is not responsible for the availability of such links, resources, and Content, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials made available on or from these linked websites. You also acknowledge and agree that DesignThingy is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by or in relation to the use of content, goods, or services offered through these links or any failures or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third party claims relating to your posting or using such links.
You agree to indemnify and hold DesignThingy, its subsidies, affiliates, officers, agents, and other partners and employees, harmless from any and all loss, liability, claim, or demand, including actual attorney’s fees and costs, arising out of or relating to your breach of this TOS, your use of the Service in violation of the TOS, or your violation of any rights of another.
6. No resale of service
You agree not to, without the express prior written consent of DesignThingy, including as included in the License, (a) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service or Content, (b) access the Service for any unauthorized purpose.
If there is any dispute about or involving the website and/or the Service, you agree that any dispute shall be governed by the laws of the State of NCT of Delhi without regard to conflict of law provisions and you agree to personal and exclusive jurisdiction by and venue in the state and federal courts of New Delhi, India.