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�鶹��Ƶ’s TechStyleLAB Website Terms of Service

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY KENT STATE UNIVERSITY THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.TECHSTYLELAB.ORG(THE "SITE") AND ALL SERVICES PROVIDED BY THE TECHSTYLELAB WEBSITE.

By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site.

We may modify the Terms at any time. If the modifications to the Terms constitute a material change, in �鶹��Ƶ’s good faith reasonable judgment, �鶹��Ƶ will notify you via email or by posting a notice on the homepage of the Site. You should review these Terms from time to time so that you understand the terms and conditions of your use of the Site. If you do not agree to any amendment of these Terms, you must immediately stop using the Site. Your continued use of the Site after any modification to these Terms constitutes acceptance of the amended Terms. If you ever have any questions about these Terms, please do not hesitate to contact us at techstylelab@kent.edu.

A. Eligibility to Register

You must be 18 years of age or older to use the Site. If you are not at least 18 please discontinue your use of the Site and do not provide any personal or other information to �鶹��Ƶ on or through the Site.

B. Member Account & Password

If you register on the Site, you will receive an email confirming the creation of a TechStyleLAB website 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 �鶹��Ƶ 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. �鶹��Ƶ cannot be liable for any loss or damage arising from your failure to comply with this.

You represent and warrant that all contact and personal information provided to �鶹��Ƶ 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 �鶹��Ƶ.

C. User Conduct

The TechStyleLAB website offers an online design service that can be used to print your own, one-of a kind-textiles. When you post designs to the TechStyleLAB website, you keep your copyright. You also control the account settings that determine whether or not your design in visible only to you or to the community gallery at the TechStyleLAB website. In order to maintain an Internet-based service the TechStyleLAB website is required to be able to copy, crop, modify, reproduce, display and distribute your Content worldwide. The TechStyleLAB website will only perform these actions to the extent necessary to provide its service, but by submitting Content to the TechStyleLAB website at �鶹��Ƶ, you grant �鶹��Ƶ a nonexclusive, worldwide, transferable license to do so. If your Content is uploaded as a public design on this Site, you grant to �鶹��Ƶ a nonexclusive, worldwide, transferable license to create derivative works of, modify, copy, sell, display and distribute the Content and fabrics created from or based on such Content so long as such process is an essential step of the print service we provide. All Designs uploaded to our Site are private unless you specifically mark them as public.

By making your Design public on the Site, you give �鶹��Ƶ the right to display or print your Design, including photographing fabric made from that design, for use in materials used to help market both the Site and the designers who use the Site. Be aware that Google and other search engines will also index public designs and the information included in public user profiles.

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, tortuous, 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 the TechStyleLAB website provides an automated gallery, design and textile printing service and does not filter or examine Content uploaded to or published on the Site, but that �鶹��Ƶ 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 �鶹��Ƶ 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, �鶹��Ƶ 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. �鶹��Ƶ 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 �鶹��Ƶ nor any other party involved with the production of any product incorporating such Content, including but not limited to fabric, assumes that responsibility. �鶹��Ƶ’s production of any product depicting your Content, including but not limited to designs, does not indicate that �鶹��Ƶ 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 �鶹��Ƶ 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 �鶹��Ƶ or its Representatives.

D. �鶹��Ƶ’s Intellectual Property

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 TechStyleLAB website, 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 �鶹��Ƶ 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.

D.  Proprietary Rights

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 TechStyleLAB website, 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 �鶹��Ƶ 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.

E. Copyright Policy

�鶹��Ƶ respects the intellectual property rights of others and asks our members to do the same. �鶹��Ƶ may terminate the accounts of users it believes may be infringing the copyright or other intellectual property rights of others.

It is �鶹��Ƶ’s policy to respond expeditiously to claims of infringement. �鶹��Ƶ  will promptly process and investigate notices of alleged copyright infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. �鶹��Ƶ may terminate access for users and account holders whom it believes to be infringers at its sole discretion.

If you believe in good faith that your copyrighted material has been posted on the Site in violation of any applicable rights or licenses, and you want this material removed, you must provide the Site with a written communication that details the information listed in this section. 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 �鶹��Ƶ 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:

Attn: Copyright Infringement
TechStyleLAB @ �鶹��Ƶ
Email: techstylelab@kent.edu

Upon receipt of notices complying, or substantially complying, with the DMCA and this section, �鶹��Ƶ 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.

F. 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.

G. Privacy

Except as provided in the TechStyleLAB website’s Privacy Policy, �鶹��Ƶ will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. �鶹��Ƶ Univeristy stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

H. No Warranty

KENT STATE UNIVERSITY, KENT STATE UNIVERSITY'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND KENT STATE UNIVERSITY 'S SUPPLIERS PROVIDE TECHSTYLELAB'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. KENT STATE UNIVERSITY, KENT STATE UNIVERSITY 'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND KENT STATE UNIVERSITY 'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM KENT STATE UNIVERSITY SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

I. Indemnity

You agree to defend, indemnify and hold �鶹��Ƶ and �鶹��Ƶ’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.

J. Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL KENT STATE UNIVERSITY 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 KENT STATE UNIVERSITY’S SOLE OBLIGATION SHALL BE RETURN OF THE DEFECTIVE PRODUCTS AND, UPON DETERMINATION BY KENT STATE UNIVERSITY OF SUCH DEFECTS, REFUND OF ANY AMOUNTS PAID BY YOU TO KENT STATE UNIVERSITY 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.

K. No Guarantee

�鶹��Ƶ does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside �鶹��Ƶ’s control.

L. Defects and refunds

Nothing in these terms entitles you to return the textile as being surplus to your needs, or for any other reason other than as set out herein. We warrant only that the textiles printed by us meet your design specifications and are created in accordance with usual processes and standards.

If defective, you must provide us with full particulars of the product order, the nature of the defect and such other details as we may require. Do not return the textile to us unless we request you to do so. Where any claim is made against us, we may in our absolute discretion choose to replace the textile or to refund the cost to you. Any warranty claims must be made as soon as the defect is reasonably apparent and in any event, no later than 15 days after shipping of the products to you.

M. Pricing

Prices for products on the TechStyleLAB website are described on the Site and are incorporated into these Terms by reference. All prices are in US dollars. Prices and products may change at �鶹��Ƶ’s discretion.

N. Shipping

Title and risk of loss for all Products ordered by you shall pass to you on �鶹��Ƶ’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 �鶹��Ƶ (such as through a special offer).

O. Deleting Designs or Accounts

If you wish to terminate your TechStyleLAB website account, please contact us at techstylelab@kent.edu.and request to do so.

If you choose delete a design from your TechStyleLAB website gallery, it will no longer be available or visible (if set to public) on the Site. We do retain copies of designs in our archives to the extent required by our systems for backing up and protecting our database and the Site. If you purchase a Design and then delete it from your account, we preserve a copy of your design in order to fulfill the order. Likewise if you designate a Design as public for your gallery, a copy may be retained in our archives. We do not use backup copies of deleted designs for any purpose other than fulfilling pre-existing orders.

If you delete your account, �鶹��Ƶ will retain at its discretion your personal information as long as is reasonably required to fulfill the purposes for which it was collected. �鶹��Ƶ does not retain residual rights to deleted or retired work other than those outlined above.

P. Termination

You agree that �鶹��Ƶ, 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. �鶹��Ƶ 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 �鶹��Ƶ shall not be liable to you or any third-party for any termination of your access to the Site.

Q. Breach

Without limiting any other remedies, �鶹��Ƶ may, without notice, and without refunding any fees, delay or immediately remove Content, warn the TechStyleLAB website's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

�鶹��Ƶ suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy,  or other policy documents and guidelines incorporated herein; �鶹��Ƶ is unable to verify or authenticate any of your personal information or Content; or �鶹��Ƶ believes that a user is acting inconsistently with the letter or spirit of �鶹��Ƶ’s policies, has engaged in improper or fraudulent activity in connection with �鶹��Ƶ or the actions may cause legal liability or financial loss to the TechStyleLAB website's users or to �鶹��Ƶ.

R. Links

The Site may provide, or third parties may provide, links to other Web sites or resources. Because �鶹��Ƶ has no control of such sites and resources, you acknowledge and agree that �鶹��Ƶ 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 �鶹��Ƶ 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.

S. General

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.

�鶹��Ƶ shall have no liability for any failure or delay resulting from any condition beyond the reasonable control of �鶹��Ƶ, 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 Ohio.

Effective Date of this Privacy Policy

This Terms of Service Policy is effective as of April 28, 2011.