1. Eligibility; Acceptance of Terms.
By accessing or linking to this Site, you assume the risk that this Site and all of the content it contains, or may in the future contain, including, but not limited to, articles, opinions, other text, directories, guides, photographs, illustrations, images, video and audio clips and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks and any and all copyrightable material (including source and object code) and/or any other form of intellectual property (collectively, the “Content”) on this Site may be incomplete, inaccurate, out of date, or may not meet your needs and requirements. Further, we may add, change, discontinue, remove or suspend any of the Content at any time, without notice to you and without liability. DG assumes no obligation to update the Content.
3. Rules regarding Initial Consultations
All Users of the DG platform who make donations through the DG platform are entitled to one (1) free thirty (30) minute consultation with an Interior Designer with whom DG matches you. You are not entitled to receive a second free thirty (30) minute consultation with the same Interior Designer from whom you have already received such a consultation pursuant to a donation you made on the DG platform. If you make any additional donations on the DG platform, which is encouraged, then DG shall match you with an Interior Designer with whom you haven’t been matched previously by DG. All Users of the DG platform, including consumers and Interior Designers, agree not to attempt to circumvent this rule.
4. Nature of DG and Tax Deductibility.
DesignGivers Ltd. is a charitable not-for-profit organization organized under the laws of the State of New York. DG was founded in April, 2020 initially as a response to the COVID-19 crisis. On April 14, 2020, DG made its application using Form 1023-EZ with the Internal Revenue Service asking for 501c3 status as a “public charity,” which provides the maximum tax deduction to U.S. taxpayers who donate to DG. Although DG has not received its 501c3 determination letter at this time from the IRS, DG is expecting to receive that document sometime in 2nd or 3rd Quarter, 2020. Once the IRS generates this document, all donations made to DG from April, 2020 shall become retroactively tax deductible where applicable. Be advised that the fair market value of the thirty (30) minute consultation(s) received by Users of the DG platform has a Fair Market Value of $0.00 per the standards of the interior design industry in the United States.
5. Nature of DG’s Relationship to Interior Designers.
By using the DG platform, you hereby acknowledge that there is no employment or independent contractor relationship between any of the users and DG. DG does not take part in any of the transactions between the consumers who use the DG platform nor does it qualify the Interior Designers thereon. As such, all Interior Designers who use the Site agree to not represent themselves to any DG user as an employee or independent contractor of DG and shall correct any user who indicates their belief otherwise. DG shall NOT indemnify, defend, or hold harmless any of the providers who obtain work assignments using the DG platform from claims by third-parties. DG shall not negotiate on your behalf with users or attempt to settle disputes between yourself and any DG user.
6. Image Consent.
By using the DG platform, you are irrevocably consenting to have your image, video, and voice recorded during the consultation sessions that you take part in on the platform. The recording(s) of these sessions shall be the intellectual property of DG and all Users agree to allow DG to use their image, voice, video, etc. for their marketing materials. DG agrees not to use these materials in a disparaging manner.
7. No Endorsement of Services.
DG does not endorse any services offered by the Interior Designers who use the DG Platform. By using the platform, you agree to indemnify, defend, and hold DG harmless with regard to any liability which may arise out of the business relationship between yourself and any other user of the DG platform.
DG does NOT refund donations received via the DG platform for any reason other than the donation being unauthorized by the User. If a User is unsatisfied with the consultation they received, or did not receive a consultation when they should have, their only recourse is to notify DG who will match the User with another Interior Designer.
Providers who use the DG platform agree to communicate in a courteous manner with DG users and shall refrain from communicating with DG users in an offensive manner. DG reserves the right to suspend provider privileges on the DG platform or remove any provider from the DG platform if any such provider violates this policy. Removal or suspension shall be decided on a case-by-case basis at DG’s sole and unfettered discretion
10. Trademarks and Copyrights.
The contents of an Email (including any attachments) you receive from any system of DG or Affiliates are confidential to the sender and the intended recipient. The information contained in such Email may also be subject to legal privilege or otherwise protected from disclosure. If you are not the intended recipient, you may not copy, forward, disclose or otherwise use any part of such email in any form whatsoever. Please delete and destroy all copies of the Email in your possession. Please also reply to the sender and notify him or her that you have received such Email in error. Any views or opinions expressed in an Email that you receive from any system of DG or Affiliates are solely those of the author of such Email and do not necessarily represent those of DG or Affiliates unless specifically stated. The content of an Email that you receive from any system of DG or Affiliates does not create, amend, modify or form any part of a contract, an entitlement or a binding obligation unless specifically stated. Email messages may contain computer viruses or other defects. It is your responsibility to carry out appropriate virus and other checks to ensure that Email messages and attachments do not damage your systems or data. Email messages may not be accurately replicated on other systems, or may be modified, deleted or intercepted without the knowledge of the sender or the intended recipient. You should also be aware that Email submissions over the Internet may not be secure, and you should consider this before Emailing the Site, DG or Affiliates any information. Neither DG nor any of Affiliates are responsible for any improper, untimely, or incomplete transmission. Please note that DG and Affiliates reserve the right to intercept, monitor, review and retain Email messages from external and internal sources as permitted by applicable law.
12. Rules of Conduct.
Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to: be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else, affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site, send or result in the transmission of junk email, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”, violate DG’s rights or the rights of others, be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages, transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful, disruptive or destructive programs or other material or information, forge any TCP/IP packet header or part of the header information in any email or Posting (as hereinafter defined) for any reason, violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to and/or use the Site, other users’ names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement, modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights of use and enjoyment of the Site by any other person, firm or enterprise, or collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
14. Unsolicited Submissions.
Please do not send any unsolicited submissions to or through the Site, DG or Affiliates including, without limitation, any creative materials, product or service ideas or inventions (“Unsolicited Submissions”). You agree and understand that DG and Affiliates are not obligated to use your Unsolicited Submissions, and may alternatively choose to discard your Unsolicited Submissions without any liability whatsoever.
Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features or access certain Content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Content or participate in certain features of the Site. When you provide information to the Site, you agree to provide only true, accurate, current and complete information on all registration pages. If you register with the Site, you agree to accept responsibility for all activities that occur under your account or password, if any, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portion of the Site using your name in whole or in part. DG reserves the right to terminate membership and/or deny access to the Site to any person in its sole discretion.
16. Linking Policy and Links to Third Party Websites.
THE SITE, THE CONTENT, AND ALL EMAILS SENT BY DG OR AFFILIATES (“EMAILS”) ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS SITE, THE CONTENT, AND THE EMAILS MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. DG AND AFFILIATES MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY FACTS, ADVICE, OPINIONS, VIEWS, STATEMENTS, RECOMMENDATIONS OR OTHER INFORMATION DISPLAYED ON OR DISTRIBUTED THROUGH THE SITE, THE CONTENT, AND/OR THE EMAILS. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH FACTS, ADVICE, OPINIONS, VIEWS, STATEMENTS RECOMMENDATIONS, OR OTHER INFORMATION IS AT YOUR SOLE RISK AND THAT NEITHER DG NOR AFFILIATES GIVE TAX, LEGAL OR INVESTMENT ADVICE OR ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. REFERENCE TO ANY PRODUCT, PROCESS, PUBLICATION OR SERVICE OF ANY THIRD PARTY BY TRADE NAME, DOMAIN NAME, TRADEMARK, SERVICE MARK, LOGO, MANUFACTURER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ITS ENDORSEMENT OR RECOMMENDATION BY DG OR AFFILIATES. DG AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE SUITABILITY, FUNCTIONALITY, AVAILABILITY OR OPERATION OF THIS SITE, THE CONTENT, OR THE EMAILS. THIS SITE MAY BE TEMPORARILY UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF COMPUTER EQUIPMENT. DG DOES NOT WARRANT THAT THE CONTENT, THE SITE, OR THE EMAILS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SITE, THE CONTENT, OR THE EMAILS WILL BE CORRECTED, OR THAT THE SITE, THE SERVERS THAT MAKE THE SITE AND/OR THE CONTENT AVAILABLE, AND THE EMAILS ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
18. Limitations of Liability.
20. Location/Governing Law.
THANK YOU TO OUR SPONSORS