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Welcome to Design Observer which is owned and operated by Observer Omnimedia LLC,(“Observer”, “We” or “Us”) and are collectively referred to here as the “Design Observer Group Site.” This user agreement (”User Agreement”), which includes our Privacy Policy, sets forth the conditions for your use of the Design Observer Group Site. Please read this User Agreement carefully, because by using the Design Observer Group Site, you consent to these terms and conditions, including our collection and use of information about you in accordance with the Privacy Policy. If you do not agree with this User Agreement, you are not authorized to use the Design Observer Group Site.

We may update this User Agreement, including our Privacy Policy, from time to time by posting the modified User Agreement on this page. If we determine that it is appropriate, we may post a notice of the change on the home pages of the Design Observer Group Site. By continuing to use the Design Observer Group Site after we have posted such modifications or notice, you agree to the modified terms.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Design Observer Group Site (or any part thereof) with or without notice. You agree that Observer shall not be liable to you or any third party for any modification, suspension or discontinuance of the Design Observer Group Site.

Copyright

The Design Observer Group Site’s content including, but not limited to, text, photographs, graphics, video and audio content, is protected by United States and international copyright laws and other intellectual property laws.

All individual articles, videos, content and other elements comprising the Design Observer Group Site are also copyrighted works, and Observer (subject to the rights of its licensors and licensees under applicable agreements, understandings and arrangements) has rights therein. You must abide by all additional copyright notices or restrictions contained on the Design Observer Group Site. By posting or submitting content on or to the Design Observer Group Site (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise), you are giving Observer and its affiliates, agents and third party contractors the right to display or publish such content on the Design Observer Group Site [and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content for promotional and marketing purposes].

You shall be solely responsible for your own submissions and the consequences of posting or publishing them. In connection with each of your submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Observer to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by Observer and this User Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by Observer and this User Agreement.

In furtherance of the foregoing, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Observer all of the rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Observer or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) post advertisements or solicitations of business.

Observer reserves the right to remove or not publish submissions without prior notice.

Digital Millennium Copyright Act

It is the policy of Observer to respond to notices of alleged copyright infringement, in compliance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. Our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating contributors. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the submitter of the affected material or post, so that they may make a counter notification. We may also document notices of alleged infringement on which we act. Your complaint will also be a matter of record.

If you are a copyright owner or agent thereof and believe that any content appearing on the Design Observer Group Site infringes upon your copyright, please submit notice, pursuant to the DMCA (17 U.S.C. § 512(c)) to our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (ii) a description of the copyrighted work that you claim has been infringed; (iii) the URL of the location containing the material that you claim is infringing; (iv) your address, telephone number, and email address; (v) 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; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our Copyright Agent can be reached as follows: By mail: Observer Omnimedia / Attn:
Copyright Agent / 204 Fifth Avenue, New York, New York 10010.
By email: hello [at] designobserver.com

Please be advised that you may be liable for damages if you materially misrepresent that a post or activity is infringing your copyrights.

Counter-Notification

In some instances a contributor who has submitted or posted materials identified as infringing may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DCMA. When we receive a counter-notification, we may reinstate the posts or material in question.

To file a counter-notification with us, a contributor must provide a written communication (by fax or regular mail or by email) that sets forth all of the items required by the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others. If you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. A sample counter-notification may be composed using the PDF forms at www.ChillingEffects.org

Trademark

Design Observer and other logos and trademarks displayed on the Design Observer Group Site (collectively “Trademarks”) are owned by or licensed to Observer. The Trademarks may not be used (i) in connection with any product or service that does not belong to Observer, (ii) in any manner that is likely to cause confusion about whether Observer is the source, sponsor, or endorser of the product or service, or (iii) in any manner that disparages or discredits Observer.

Links, Frames and Metatags

We are concerned about the integrity of the Design Observer Group Site when any of them are viewed in a setting created by a third party that includes advertising or other materials that We have not authorized to be displayed with the Design Observer Group Site. Neither you nor any third party shall make use of the contents of the Design Observer Group Site in any manner that constitutes an infringement of our rights, including copyright or that has not been authorized by Us. You may not frame the content of Design Observer Group Site unless you first obtain our express written consent. You may not use metatags or any other “hidden text” that incorporates our Trademarks or our name without our express written consent. You may link to the home pages of the Design Observer Group Site as long as the link does not defame us or cast us in a false or misleading light. You may not link to one of our inner pages unless the link clearly identifies the Design Observer Group Site as the location of the linked pages. To request permission for a use discussed in this section, please send a written request to Observer by email at hello [at] designobserver.com or by mail at 204 Fifth Avenue, New York, New York 10010. (We display our email address in this format to avoid receiving spam. When you email us, please replace “[at]“ with “@”. The Design Observer Group Site has the sole discretion to grant or deny this permission.

Comments

We invite your questions, or comments about Observer or any of the issues addressed on the Design Observer Group Site. You may send letters to Design Observer at 204 Fifth Avenue, New York, New York 10010, Attn: Letters to the Editor, or via email at hello [at] designobserver.com. By sending a letter to the Editor, you grant Observer a nonexclusive, royalty-free license to reproduce and distribute the letter, in whole or in part, for any purpose, in any media, whether now known or later created. Hard copies will not be returned to you.

Observer takes no responsibility for the comments posted on the Design Observer Group Site. Observer encourages comments to be short and to the point, and to be courteous to others in any exchange of comments. Observer discourages comments that are off-topic, unnecessarily antagonistic or defamatory, or in violation of other’s intellectual property rights. Observer reserves the right to edit or delete comments that do not adhere to these standards.

Advice and Opinions

The Design Observer Group Site contains facts, views, opinions, and statements of third parties, users, and other organizations (“Third-Party Material”). Observer, its parents, affiliates, and subsidiaries (“Observer Parties”) do not make any representations concerning the accuracy or reliability of any Third-Party Material displayed on or distributed through the Design Observer Group Site. You acknowledge that you rely upon any Third-Party Material at your own risk and you agree that the Observer Parties will not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any Third-Party Material displayed on or distributed through the Design Observer Group Site.

Third-Party Links

The Design Observer Group Site contains links to other sites and resources on the Internet controlled by third parties. These links are provided solely as a convenience to our users and do not constitute an endorsement by Observer. Any concerns regarding another website should be directed to the site’s administrator. Observer reserves the right, in its sole discretion, to terminate links with any third parties or other websites that it deems inappropriate or inconsistent with the Design Observer Group Site. Observer makes no representations about the content, functionality, or practices of these third-party sites and resources, and disclaim any and all warranties, express or implied, related to these third-party sites and resources.

Disclaimers

THE DESIGN OBSERVER GROUP SITE IS AVAILABLE “AS IS.” TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE DESIGN OBSERVER GROUP SITE OR ANY INFORMATION, GOODS, OR SERVICES THAT ARE AVAILABLE THROUGH THE DESIGN OBSERVER GROUP SITEe, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THE PURPOSE WAS DISCLOSED).

WE DO NOT WARRANT THAT THE DESIGN OBSERVER GROUP SITE WILL BE UNINTERRUPTED OR ERROR-FREE. WE DO NOT MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF ANY STATEMENT OR INFORMATION DISPLAYED, DISTRIBUTED, OR MADE AVAILABLE ON OR THROUGH THE DESIGN OBSERVER GROUP SITE OR AVAILABLE THROUGH LINKS ON THE Design Observer Group Site. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE DESIGN OBSERVER GROUP SITE. IF YOU RELY ON OUR SITE OR OBTAIN ANY MATERIALS OR GOODS AVAILABLE THROUGH IT, YOU DO SO SOLELY AT YOUR OWN RISK.

ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO THE DESIGN OBSERVER GROUP SITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM IT ARE FREE FROM SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.

Limitation of Liability

WE ARE NOT LIABLE FOR ANY CLAIM, LOSS OR INJURY BASED ON ERRORS, OMISSIONS, INTERRUPTIONS OR OTHER INACCURACIES IN OUR SITE, INCLUDING ANY CLAIM, LOSS OR INJURY THAT RESULTS FROM YOUR BREACH OF ANY PROVISION IN THIS USER AGREEMENT. WE ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH THE Design Observer Group Site, ITS SERVICES, OR THIS AGREEMENT, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE.

SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Termination

We reserve the right to terminate any services offered through the Design Observer Group Site or to terminate the Design Observer Group Site and this User Agreement at any time without notice, for any reason, including, in the case of the User Agreement, because of your violation of any of these provisions. The Copyright Disclaimers, Limitation of Liability and Governing Law Sections of this User Agreement survive any termination.

Governing Law

This Agreement is governed by and any disputes relating to this User Agreement should be decided under the laws of the State of New York applicable to contracts made and completely performed there.

Severability

If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision is considered severed and will not affect the validity and enforceability of any remaining provisions.

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