Welcome to DsignSourceSg website, which is located at www.dsignsourcesg.com (the "Website"). This Terms of Service ("TOS") contain the terms and conditions that govern your use of the Website and the DsignSourceSg Service (as defined below). This TOS describes your rights and responsibilities and what you can expect from the DsignSourceSg Service and is in addition to any Content Owner Agreement you may have entered into with us. Use of the DsignSourceSg Website constitutes your acceptance of and agreement to this TOS.
DsignSourceSg reserves the right to add, delete and/or modify any of the terms and conditions contained in this TOS, at any time and in its sole discretion, by posting a change notice or a new agreement on the DsignSourceSg Website. In the event of substantive changes to this TOS, you may be notified by email. If any modification is unacceptable to you, your only recourse is to not use the Website and the DsignSourceSg Service. Your continued use of the DsignSourceSg Website following posting of a change notice or new TOS on the DsignSourceSg Website will constitute binding acceptance of the changes.
1. The DsignSourceSg Service.
DsignSourceSg provides a number of Internet-based services through the Website (all such services, collectively, the "DsignSourceSg Service"). One such service enables users to create customized products, including without limitation, prints, stickers, buttons, magnets, stationary,
apparel, drinkware, home accents and accessories (collectively, "Products"). DsignSourceSg users may create and purchase individual Products for their own use or sell Products. DsignSourceSg may offer a number of other services on its Website, including without limitation, message boards, contests, and newsletters, which may change from time to time.
2. Use of the Web Site and DsignSourceSg Service.
2.1 Eligibility. DsignSourceSg will only knowingly provide the DsignSourceSg Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the DsignSourceSg Service only under the supervision of a parent or legal guardian who agrees to be bound by this TOS. The DsignSourceSg Service is not intended for children under the age of 13.
2.2 Compliance with TOS and Applicable Law. You must comply with all of the terms and conditions of this TOS, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the DsignSourceSg Service and the Website.
2.3 Your License to Use the Web Site and the DsignSourceSg Service.
(a) DsignSourceSg solely and exclusively owns all intellectual property and other rights, title and interest in and to the DsignSourceSg Service and Website, except as expressly provided for in these TOS. For example and without limitation, DsignSourceSg owns the trademark DSIGNSOURCESG.COM, the copyrights in and to the Website, and certain technology used in providing the DsignSourceSg Service. You will not acquire any right, title or interest therein under this TOS or otherwise to any intellectual property owned by DsignSourceSg.
(b) DsignSourceSg grants you a limited revocable license to access and use the Website and the DsignSourceSg Service for its intended purposes, subject to your compliance with this TOS. This license does not include the right to collect or use information contained on the Website for purposes prohibited by DsignSourceSg; to compete with DsignSourceSg; to create derivative works based on the content of the Website; or download or copy the Website (other than page caching). If you use the Website in a manner that exceeds the scope of this license or you breach this TOS, DsignSourceSg may revoke the license granted to you.
3. General Rules.
3.1 Prohibited Use. You may only use the DsignSourceSg Service as expressly permitted by DsignSourceSg. You may not cause harm to the Website or the DsignSourceSg Service. Specifically, but not by way of limitation, you may not: (i) interfere with the DsignSourceSg Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the DsignSourceSg Service; (iii) interfere with, or disrupt the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the DsignSourceSg Service; (iv) use a robot, spider or other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of an internet "search engine", hit counters or similar technology; (v) collect electronic mail addresses or other information from third parties by using the DsignSourceSg Service; (vi) impersonate another person or entity; (vii) use any meta tags, search terms, key terms, or the like that contain DsignSourceSg' name or trademarks; (viii) engage in any activity that interferes with another user's ability to use or enjoy the DsignSourceSg Service; or (ix) assist or encourage any third party in engaging in any activity prohibited by this TOS.
3.3 Ordering Policies. If you purchase Products, you agree to do so in accordance with DsignSourceSg's TOS and instructions on the Website. Title to the Products you purchase are pass to you when the Products are delivered to the common carrier.
4. Create and Buy General Rules and License.
4.1 Description. As part of the DsignSourceSg Service, DsignSourceSg offers a service (the "Create & Buy Service") that allows you to email, upload images, video, audio, data, and other content (collectively, "Content") to create, produce and purchase Products featuring the uploaded Content for your own use.
4.2 Delivery of Content. You will email, upload or deliver to DsignSourceSg all Content that you want to use in accordance with the applicable instructions on the Website. DsignSourceSg may, in its sole and exclusive discretion, determine whether any Content complies with such instructions and is satisfactory for use with the Create & Buy Service. You are subject to all of the same rights, responsibilities and restrictions with respect to any Content as are found in Section 3, 4, and 5 of this TOS.
4.3 Licensing Your Content to DsignSourceSg. You will retain ownership of the Content that you email, upload or deliver to DsignSourceSg. You hereby grant to DsignSourceSg a royalty-free, worldwide, transferable, nonexclusive, right and license to use such Content, in all media existing now or created in the future, as DsignSourceSg deems necessary. DsignSourceSg may sublicense the rights that you grant it in this Section to a third party subcontractor only for purposes of providing the DsignSourceSg Service, processing your order, and producing and shipping your Products.
5. Reservation of Rights.
5.1 Monitoring. DsignSourceSg reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Website. If DsignSourceSg determines, in its sole and absolute discretion, that you or another DsignSourceSg user will breach a term or condition of this TOS or that such transaction or communication is inappropriate, DsignSourceSg may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
5.2 Modification of the Service. DsignSourceSg reserves the right to modify the organization, structure or "look and feel" of the DsignSourceSg Service or the Website, and may change, suspend, or discontinue any aspect of the DsignSourceSg Service at any time without any liability to you or any third party. DsignSourceSg shall have complete discretion over the features, functions, prices and other terms and conditions on which the DsignSourceSg Service is offered to DsignSourceSg users.
When you submit questions, comments, suggestions, ideas, message board postings, content or material submitted via email, web forms, contest entries, communications or any other information ("Submissions"), you grant DsignSourceSg permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that DsignSourceSg will have no obligation to keep any Submissions confidential. You will not bring a claim against DsignSourceSg based on "moral rights", "privacy" or the likes arising from DsignSourceSg' use of a Submission.
7. Representations and Warranties.
7.1 Mutual Representations and Warranties. You represent and warrant to DsignSourceSg and DsignSourceSg represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under this TOS, (ii) the execution and performance of your or its obligations under this TOS does not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) this TOS is a legal, valid and binding obligation of the party entering into this TOS, enforceable in accordance with its terms and conditions.
7.2 By You. You represent and warrant to DsignSourceSg that, in your use of the DsignSourceSg Service, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party, and (ii) will not violate any applicable laws, rules, and regulations, including, without limitation, by exploiting images or the likeness of minors. You further represent and warrant to DsignSourceSg that: (i) there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content; (ii) DsignSourceSg will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that DsignSourceSg incurs in providing the DsignSourceSg Service; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and (iv) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
8. Disclaimers and Exclusions.
DISCLAIMER OF WARRANTIES. DSIGNSOURCESG PROVIDES THE WEBSITE AND DSIGNSOURCESG SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. DSIGNSOURCESG DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, DSIGNSOURCESG SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. DSIGNSOURCESG MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.
9. Limitation of Liability.
LIMITATION OF LIABILITY. DSIGNSOURCESG WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA AND/OR LOSS OF GOODWILL ETC) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE DSIGNSOURCESG SERVICE OR THIS TOS, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THIS TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THIS TOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THIS TOS EXCEED S$50.
You agree that you are responsible for actions and communications undertaken under your account. DsignSourcesg takes no responsibility and assumes no liability for any Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter.
You hereby indemnify and hold DsignSourceSg and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any provision of this TOS through any act or omission, including without limitation monetary damages incurred by DsignSourceSg due to any breach of this Agreement or violation of any policy.
You agree that you will use this Site and any products ordered on this Site in accordance with all applicable Singapore state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity. If you have to indemnify DsignSourceSg under this Section, DsignSourceSg will have the right to control the defense, settlement, and resolution of any Claim solely as against you and at your sole expense. However, you may not settle or otherwise resolve any Claim without DsignSourceSg' express written permission.
11.1 Termination. In its sole discretion, with or without notice to you, DsignSourceSg may: (i) suspend, limit your access to or terminate your use of the Website and/or the DsignSourceSg Service, (ii) suspend, limit your access to or terminate your account, (iii) remove any of your Content from DsignSourceSg' servers and directories and (iv) prohibit you from using the DsignSourceSg Service and/or the Website.
11.2 Survival. Notwithstanding Section 11.1 above, this TOS will survive indefinitely unless and until DsignSourceSg chooses to terminate this TOS.
11.3 Effect of Termination. If you or DsignSourceSg terminates your use of the Website or the DsignSourceSg Service, DsignSourceSg may delete any Content or other materials relating to your use of the DsignSourceSg Service on DsignSourceSg' servers or otherwise in its possession and DsignSourceSg will have no liability to you or any third party for doing so.
11.4 Should you object to any terms and conditions of the Agreement or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue your use of the Site and/or terminate your account.
All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods: (i) mail, (ii) courier, or (iii) electronic mail. If you give notice to DsignSourceSg, you must use the following addresses: 5 Ang Mo Kio Industrial Park 2A, Tech II, #06-37 Singapore (567760), email@example.com. If DsignSourceSg provides notice to you, DsignSourceSg will use the contact information provided by you to DsignSourceSg. All notices will be deemed received as follows: (i) if by delivery to Singapore Post Limited (SingPost), (ii) if by courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.
13. Links. DsignSourceSg may provide, or third parties may provide, links to other websites or resources. You acknowledge and agree that DsignSourcesg 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 or the policies or such sites and resources. DsignSourceSg is not 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.
14. Public Reputation.
You acknowledge and agree that you will not use any products ordered from DsignSourceSg or DsignSourceSg Website/service/name in a way that would be damaging to DsignSourceSg's public reputation or that of its employees, board members, shareholders, licensors, or solution partners. Additionally, you acknowledge that if you choose to display or comment any product or packaging ordered from or with DsignSourceSg name/image etc, in a public setting, including on the Internet, mobile platform, social network or media etc, in a way which disparages DsignSourceSg, DsignSourceSg's employees, shareholders and/or partners. DsignSourceSg reserves the right to demand immediate removal of display, image, comments etc, public notice of apology and to furthermore pursue all recourses and remedies available under the law.
15. Pricing, Shipping, and Terms of Sale.
Prices for products are described on DsignSourceSg Website and are incorporated into this TOS reference. Prices and products may change at DsignSourceSg's discretion. Title and risk of loss for all products ordered by you shall pass to you on DsignSourceSg delivery of shipment to the carrier. DsignSourceSg's responsibility and liability for products will terminate upon delivery to carrier. DsignSourceSg reserves the right to cancel any order for any product that may violate the intellectual property rights of a third party and will notify the purchaser that the order has been canceled.
15. Correction of Errors and Inaccuracies.
The information and product listings on DsignSourceSg Website and or email/communication channels etc may contain typographical errors or inaccuracies and may not be complete or current. DsignSourceSg therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. DsignSourceSg also reserve the right to limit or restrict quantities of products (including after you have submitted your order) for any reason, including, without limitation, if the product violates any terms of this Agreement.
These TOS will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance without reference to conflict of law principles. This TOS is not assignable or transferable by you without the prior written consent of DsignSourceSg. This TOS (including all of the policies and other Agreements described in this TOS, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under this TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and DsignSourceSg are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this TOS. The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision of this TOS, all of which will remain in full force and effect.