End User Legal Agreement

Basic Terms

  1. You must be at least 11 years old to use this webpage, any content, matter or information in relation to this website including in relation to “Design Everest Lounge” (the “Service”).
  2. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via the Service.
  3. You are responsible for any activity that occurs through your use of the Service through an account or otherwise in any manner whatsoever. You also represent that all information you provide or have provided to Design Everest, Inc. (“Design Everest”) at any time including but not limited to in relation to the Service will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
  4. You are responsible for any activity that occurs through your account and you agree that you will not sell, transfer, license or assign your account, followers, username, or any rights in relation to your account. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Design Everest prohibits the creation of an account and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or have provided to Design Everest upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy.
  5. You agree that you will not solicit, collect or use the login credentials of other users of the Service or any other person.
  6. You are responsible for keeping your password secret and secure.
  7. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information via the Service, including, without limitation, your information or any other person's credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses.
  8. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
  9. You are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and any other content or materials (collectively, "Content") that you submit, post or display on or via the Service.
  10. You must not change, modify, adapt or alter the Service or change, modify or alter another website so as to falsely imply that it is associated with the Service or Design Everest.
  11. You must not access Design Everest private API by means other than those permitted by Design Everest.
  12. You must not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a "spam") to any Design Everest users.
  13. You must not use domain names or web URLs in your username without prior written consent from Design Everest.
  14. You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any page in relation to the Service or Design Everest is rendered or displayed in a user's browser or device.
  15. You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
  16. You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of the terms and conditions included in this End User Legal Agreement (“Terms of Use”) or any other terms in relation to the Service or Design Everest.
  17. Violation of these Terms of Use may, in Design Everest's sole discretion, result in termination of your Design Everest account/ account in connection with the Service. You understand and agree that Design Everest cannot and will not be responsible for the Content posted on the Service and you use the Service at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Design Everest, Design Everest can stop providing all or any part of the Service to you.
  18. 18. If you access the Service through an application, you acknowledge that this Agreement is between you and Design Everest only, and not with another application service provider or application platform provider (such as Apple Inc. or Google Inc.), which may provide you the application subject to its own terms. To the extent you access the Service through a mobile device, your wireless carrier’s standard charges, data rates, and other fees may apply.
  19. To the extent legally permissible, the terms of this Agreement shall survive the termination of this Agreement.

General Conditions

  1. Design Everest reserves the right to modify or terminate the Service or your access to the Service for any reason, without notice, at any time, and without any liability to you. If Design Everest terminates your access to the Service or in the event you use the form detailed above to deactivate your account, your photos, comments, likes, friendships, and all other data will no longer be accessible through your account (e.g., users will not be able to navigate to your username and view your photos), but those materials and data may persist and appear within the Service (e.g., if your Content has been reshared by others).
  2. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease to exist.
  3. Design Everest reserves the right, in our sole discretion, to change these Terms of Use ("Updated Terms") from time to time. Unless Design Everest makes a change for legal or administrative reasons, Design Everest will provide reasonable advance notice before the Updated Terms become effective. You agree that Design Everest may notify you of the Updated Terms by posting them on the Service, and that your use of the Service after the effective date of the Updated Terms (or engaging in such other conduct as Design Everest may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Service from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms. Your failure to cancel your account, or cease use of the Service, after receiving notification of the amendment, will constitute your acceptance of these Terms of Use. If you do not agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your account or to cease use of the Service.
  4. Design Everest reserves the right to refuse access to the Service to anyone for any reason at any time whatsoever.
  5. Design Everest reserves the right to force forfeiture of any username for any reason whatsoever.
  6. Design Everest has the sole right to, but have no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content at our sole discretion for any reason including violation of these Terms of Use.
  7. You are solely responsible for your interaction with other users of the Service, whether online or offline. You agree that Design Everest is not responsible or liable for the conduct of any user. Design Everest reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users. You must exercise common sense and your best judgment when interacting with others, including when you submit or post Content or any personal or other information.
  8. There may be links from the Service, or from communications you receive from the Service, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within the Service. The Service also includes third-party content that Design Everest or Design Everest Parties(defined below in “Disclaimer of Warranties” section of these Terms of Use) do not control, maintain or endorse. Functionality on the Service may also permit interactions between the Service and a third-party web site or any other feature, including applications that connect the Service or your profile on the Service with a third-party web site or feature. For example, the Service may include a feature that enables you to share Content from the Service or your Content with a third party, which may be publicly posted on that third party's service or application. Using this functionality typically requires you to login to your account on the third-party service and you do so at your own risk. Design Everest does not control any of these third-party web services or any of their content. You expressly acknowledge and agree that Design Everest is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect the Service or your profile on the Service with a third-party service (each, an "Application") and such Application may interact with, connect to or gather and/or pull information from and to your Service profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Design Everest has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold Design Everest Parties harmless for any activity related to the Application.
  9. You agree that you are responsible for all data charges you incur through use of the Service.
  10. Design Everest prohibits crawling, scraping, caching or otherwise accessing any content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with express consent of Design Everest).
  11. Design Everest Parties expressly disclaim any representation or warranty that the Service complies with all applicable laws and regulations outside of the United States. If you use the Service outside of the United States, you expressly understand and agree that you are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with your use of the Service.

Rights

  1. Design Everest does not claim ownership of any Content that you post on or through the Service. Instead, you hereby grant to Design Everest a non-exclusive, and royalty-free, transferable, irrevocable, perpetual, sub-licensable, worldwide license to use, distribute, copy, sublicense, display, perform, transmit and use in any manner the Content that you post on or through the Service, subject to the Service's Privacy Policy. Some of the Service is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Design Everest may place such advertising and promotions on the Service or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you. You acknowledge and agree that Design Everest or the Service may preserve your Content and may also disclose your Content and related information if required to do so by applicable law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Use; (c) respond to claims that any of your Content violates the rights of third parties; (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of Design Everest, the Service, its users, or the public.
  2. You acknowledge that Design Everest may not always identify paid services, sponsored content, or commercial communications as such.
  3. You represent and warrant that: (i) you own the Content posted by you on or through the Service or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through the Service does not violate, misappropriate or infringe on the rights of any third party under any applicable law, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through the Service; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction. You accept full responsibility for avoiding infringement of the intellectual property or personal rights of others or any violation of laws and regulations in connection with your Content. You are responsible for ensuring that your Content does not violate any of the policies in relation to the Service, and any applicable law.
  4. The Service contains content owned or licensed by Design Everest ("Design Everest Content"). Design Everest Content may be protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Design Everest, Design Everest owns and retains all rights in the Design Everest Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or any notices in relation to proprietary rights incorporated in or accompanying the Design Everest Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise in any manner use or exploit the Design Everest Content.
  5. Although it is Design Everest's intention for the Service to be available as much as possible, there will be occasions when the Service may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Design Everest reserves the right to remove any Content from the Service for any reason, without prior notice. Content removed from the Service may continue to be stored by Design Everest, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Design Everest encourages you to maintain your own backup of your Content. In other words, Design Everest is not a backup service and you agree that you will not rely on the Service for the purposes of Content backup or storage. Design Everest will not be liable to you for any modification, suspension, or discontinuation of the Service, or the loss of any Content. You also acknowledge that the Internet may be subject to breaches of security and that the submission of Content or other information may not be secure. In any event, Design Everest will not be liable for any such breaches of security or any form of damage, including but not limited to penalties, expenses or loss caused directly or indirectly as a result of your usage of the Service.
  6. You agree that Design Everest is not responsible for, and does not endorse, Content posted within the Service. Design Everest does not have any obligation to pre-screen, monitor, edit, or remove any Content. If your Content violates these Terms of Use or any applicable law, you shall bear all legal responsibility and liabilities in relation to such Content. Under no circumstances will Design Everest be liable in any way for any Content posted or submitted (i) by you, (ii) by anyone else on your behalf whether or not such person is authorised by you, (iii) posted through your account or in any other manner in relation to the Service; including, but not limited to, for any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any such Content posted, emailed, transmitted or otherwise made available via the Service or broadcast elsewhere.
  7. Except as otherwise described in the Service's Privacy Policy, available at https://designeverest.com/lounge/page/privacy-policy as between you and Design Everest, any Content will be non-confidential and non-proprietary and Design Everest Parties will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Design Everest is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Design Everest in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of Design Everest Parties, and Design Everest Parties will not be liable for any use or disclosure of any Content you provide.
  8. Design Everest, at its sole discretion, may not accept or consider content, information, ideas, suggestions or other materials other than those Design Everest has specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those Design Everest Parties have developed or are developing independently. Accordingly, Design Everest does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Design Everest is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

Reporting Copyright and Other IP Violations

  1. Design Everest respects other people's rights, and expect you to do the same.
  2. If you infringe other people's intellectual property rights, Design Everest will disable your account when appropriate

Disclaimer of Warranties

EACH PROVISION IN THESE TERMS OF USE APPLIES TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

THE SERVICE, INCLUDING, WITHOUT LIMITATION, CONTENT IN CONNECTION WITH DESIGN EVEREST OR ANY OTHER CONTENT HOSTED THROUGH THE SERVICE ALONG WITH THE PLATFORM TO CONNECT WITH OTHERS, IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER DESIGN EVEREST NOR ITS PARENT COMPANY NOR ANY RELATED COMPANIES NOR ANY PARTNERS NOR ANY SUPPLIERS NOR ANY LICENSORS NOR ANY OF THEIR EMPLOYEES, DIRECTORS, MANAGERS, OFFICERS OR AGENTS OR REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE "DESIGN EVEREST PARTIES") MAKE ANY PROMISES, REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE CONTENT IN CONNECTION WITH DESIGN EVEREST OR ANY OTHER CONTENT HOSTED THROUGH THE SERVICE; (C) USER RELATED CONTENT OR ANY CONTENT POSTED BY THIRD PARTIES IN RELATION TO OR HOSTED VIA THE SERVICE; (D) ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SERVICE, INCLUDING AN INTEGRATED SERVICE PROVIDER OR PROFESSIONAL CONTRIBUTOR; (E) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICE; (F) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT OR (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO DESIGN EVEREST OR VIA THE SERVICE. DESIGN EVEREST PARTIES MAKE NO PROMISES, REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED THAT: (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE RESULTS OR INFORMATION THAT YOU MAY OBTAIN FROM THE USE OF THE SERVICE, A PROFESSIONAL CONTRIBUTOR, OR ANY OTHER USER WILL BE ACCURATE OR RELIABLE; OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL BE SATISFACTORY. DESIGN EVEREST PARTIES EXPRESSLY DISCLAIM ANY AND ALL SUCH WARRANTIES. IN ADDITION, DESIGN EVEREST PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

DESIGN EVEREST PARTIES DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. DESIGN EVEREST PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SERVICE IS ACCURATE, COMPLETE, OR USEFUL. THE CONTENT AND INFORMATION AVAILABLE BY DESIGN EVEREST VIA THE SERVICE DOES NOT CONSTITUE LEGAL ADVICE AND THE SERVICE IS MADE AVAILABLE FOR INFORMATION PURPOSES ONLY. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. USERS, SUBSCRIBERS AND READERS SHOULD NOT ACT UPON THE INFORMATION ON THIS WEBSITE OR THE SERVICE, OR DECIDE NOT TO ACT BASED UPON THE INFORMATION ON THIS WEBSITE OR THIS SERVICE, WITHOUT FIRST SEEKING APPROPRIATE PROFESSIONAL ADVICE OR COUNSEL FROM A LICENSED PROFESSIONAL OR A COUNSEL IN THE USER'S JURISDICTION. DESIGN EVEREST PARTIES DO NOT WARRANT THAT YOUR USE OF THE SERVICE IS LAWFUL OR LEGALLY VALID IN ANY PARTICULAR JURISDICTION, AND DESIGN EVEREST PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE.  

DESIGN EVEREST IS NOT RESPONSIBLE FOR THE CONTENT OF ANY THIRD-PARTY WEBSITE LINKED TO THE SERVICE IN ANY MANNER, AND THE INCLUSION OF ANY LINKS TO SUCH THIRD-PARTY WEBSITES DOES NOT CONSTITUTE OR IMPLY ANY RECOMMENDATION, APPROVAL OR ENDORSEMENT OF SUCH THIRD-PARTY WEBSITES.

THE SERVICE IS NOT A SUBSTITIUTE FOR PROFESSIONAL ADVICE IN RELATION TO ANY CONTENT DISPLAYED OR HOSTED VIA THE SERVICE AND MUST NOT BE CONSIDERED AS SUCH BY YOU. THE CONTENTS OF THE SERVICE, SUCH AS TEXT, GRAPHICS, IMAGES, AND OTHER MATERIALS CONTAINED ON THIS WEBSITE AND PROVIDED VIA THE SERVICE ARE FOR INFORMATIONAL PURPOSES ONLY. USAGE OF ANY CONTENT ON THIS WEBSITE AND CONTENT PROVIDED TO YOU VIA THE SERVICE IS AT YOUR OWN RISK. DESIGN EVEREST DOES NOT ENDORSE OR RECOMMEND IN ANY MANNER, THE PRODUCTS, SERVICES, PROCEDURES, OPINIONS, OR ANY OTHER INFORMATION THAT MAY BE MENTIONED ON THIS WEBSITE AND PROVIDED VIA THE SERVICE.

BY ACCESSING OR USING THE SERVICE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE. 

DESIGN EVEREST PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY KIND OF LOSSES INCLUDING BUT NOT LIMITED TO DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTIONS, REPUTATIONAL HARM, LOSS OF DATA (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

Limitation of Liability; Waiver

YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, DESIGN EVEREST PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIAIBILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, UNDER NO CIRCUMSTANCES WILL DESIGN EVEREST PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (A) THE SERVICE IN ANY MANNER OR YOUR USE OF THE SERVICE; (B) THE CONTENT IN RELATION TO DESIGN EVEREST; (C) CONTENT IN RELATION TO THE USER; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY DESIGN EVEREST PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY'S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE'S OPERATION; OR (H) ANY DAMAGE TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF DESIGN EVEREST PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL DESIGN EVEREST PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL DESIGN EVEREST PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00). 

YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF DESIGN EVEREST'S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY DESIGN EVEREST PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, THE SERVICE, PROPERTY, PRODUCT, SERVICES, OR OTHER CONTENT OWNED OR CONTROLLED BY DESIGN EVEREST PARTIES.

BY ACCESSING THE SERVICE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." 

DESIGN EVEREST PARTIES ARE NOT RESPONSIBLE FOR ANY ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES PROVIDED VIA THE SERVICE, AND YOU RELEASE US, DESIGN EVEREST PARTIES, OUR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, SUPPLIERS, LICENSORS AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

Indemnification

You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Design Everest's request), indemnify and hold Design Everest Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including but not limited to, in connection with or in any manner related to your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your conduct or interactions with the other users of the Service; (iii) your breach or alleged breach of any part of these Terms of Use; (iv) your violation of any third-party right under any applicable law, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (v) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (vi) any misrepresentation made by you. You will cooperate as fully required by Design Everest in the defense of any claim. Design Everest Parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Design Everest.

Arbitration

Except if you opt-out or for disputes relating to: (1) your or Design Everest's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights and patents); (2) violations of the API Terms; or (3) violations of provisions 14 or 16 of the Basic Terms, above ("Excluded Disputes"), you agree that all disputes between you and Design Everest (whether or not such dispute involves a third party) with regard to your relationship with Design Everest, including without limitation disputes related to or arising out of these Terms of Use, your use of the Service, and/or rights of privacy and/or publicity, will be resolved by binding individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes and you and Design Everest hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local "small claims" court, if permitted by such small claims court's rules. You may bring claims only on your own behalf. Neither you nor Design Everest will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a representative capacity, or consolidated claims involving another person's account, if Design Everest is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Design Everest or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.  You may opt out of this agreement to arbitrate. If you do so, neither you nor Design Everest can require the other to participate in an arbitration proceeding. To opt out, you must notify Design Everest in writing within 30 (thirty) days of the date that you first became subject to this arbitration provision. You must use this address to opt out:

Design Everest, Inc. ATTN: 425 1st St, #4904, San Francisco, CA 94105

You must include your name and residence address, the email address you use for your account to use the Service, and a clear statement that you want to opt out of this arbitration agreement.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section of these Terms of Use will be null and void. This arbitration agreement will survive the termination of your relationship with Design Everest.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with Design Everest must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Governing Law & Venue

These Terms of Use are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with Design Everest exclusively in a state or federal court located in Santa Clara, California, and to submit to the personal jurisdiction of the courts located in Santa Clara County for the purpose of litigating all such disputes. You consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Design Everest's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Design Everest reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Design Everest.

Entire Agreement

If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and Design Everest and govern your use of the Service, superseding any prior agreements between you and Design Everest. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Design Everest. Any purported assignment or delegation by you without the appropriate prior written consent of Design Everest will be null and void. Design Everest may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

Territorial Restrictions

The information provided within the Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Design Everest Parties to any registration requirement within such jurisdiction or country. Design Everest reserves the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that is provided via the Service including by Design Everest Parties and their representatives.

Software related to or made available by the Service may be subject to United States export controls. Thus, no software from the Service may be downloaded, exported or re-exported: (a) into (or to a national or resident of) any country to which the United States has embargoed goods or that has been designated by the United States government as a “terrorist supporting” country; or (b) listed on any United States government list of prohibited or restricted parties; or (c) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list. In any event, no software for the Service may be downloaded or otherwise exported or re-exported in violation of any applicable laws or regulations.

The effective date of these Terms of Use is May 31, 2019. These Terms of Use were written in English (US). To the extent any translated version of these Terms of Use conflicts with the English version, the English version controls.