Terms of Use

These Terms of Use explain our policies for acceptable use of DESIGN 21: Social Design Network™ and may be modified from time to time. Felissimo Universal Corporation of America (also referred to as “DESIGN 21”, “we” or “us”) owns, operates, and maintains the website known as DESIGN 21: Social Design Network, which is located at www.design21sdn.com (the “website”). By using this website, you indicate that you understand and accept these Terms of Use between you and DESIGN 21, and further affirm your agreement by becoming a website Member, and you agree to abide by the Terms, as may be modified and in use at the time you access the website.

Use of this website is available only to persons who are at least 18 years of age. In order to post “content” (which includes comments, digital materials, links or other media) to the site, participate in groups or competitions, vote or respond to posts, or to actively participate in any other component of this website in any way, you must be a registered member of the DESIGN 21: Social Design Network.

Respect for one another in both interactions and postings, as well as respect for designers' ownership rights are expected to be upheld by the members of DESIGN 21: Social Design Network. DESIGN 21 may, but is not obligated to regularly review, monitor, delete or edit content at or submitted to the website and reserves the right, in its sole discretion, to terminate your account, and/or reject or remove any content posted, without prior notice and without liability, if such content or any act is deemed not in accordance with these Terms of Use; such content may include, but is not limited to, spam, content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; contains offensive nudity, violence, or other offensive subject matter.

Our Goal as a Social Design Community

Certain organizations or entities are not eligible to sponsor competitions or otherwise participate in the DESIGN 21: Social Design Network community, including organizations or entities who, in DESIGN 21’s sole and absolute judgment, are:

  1. religious organizations that do not have a secular community designation (for purposes of this provision, a “secular community designation” is defined as an organization, distinct from the church or religious organization, which provides services to all people regardless of their religious beliefs, and which does not espouse, actively promote, or further a belief or participation in a specific faith or religion);
  2. political organizations, or organizations funded by or used to promote or oppose a particular political candidate, party or agenda (including, but not limited to PACs);
  3. immoral, illegal, racist or otherwise divisive organizations that otherwise do not comport with the goals and aims of the website and/or DESIGN 21: Social Design Network community.

Website Content

You are responsible for all content that you post at DESIGN 21: Social Design Network, including your submissions to competitions and challenges. By posting content to the site, you represent that you are the owner of such content, or that you have received proper permissions, authorizations or releases to post it, and further represent that it does not infringe upon or violate any third party’s rights. You agree that you will defend and indemnify the DESIGN 21: Social Design Network, Felissimo Universal Corporation of America, UNESCO, their affiliates or employees from any claim, liability, or loss or damage of any kind arising from or in connection with any content you post to this website. You also represent that content you post to the site is free of any viruses, Trojans, worms, spiders, or other computer code intended to damage, interfere with, intercept or collect user information, monitor or copy surreptitiously, or take over another device or the website. Furthermore, this website is not for political or commercial use that is not expressly authorized by DESIGN 21.

DESIGN 21 does not and cannot control the content, accuracy or opinions expressed or posted by users, and you will hold the DESIGN 21: Social Design Network, Felissimo Universal Corporation, UNESCO, their affiliates or employees responsible harmless for any incorrect, inaccurate, offensive, libelous, infringing or otherwise damaging content posted on the DESIGN 21: Social Design Network website.

By posting or uploading content to the website, you grant DESIGN 21 a limited, revocable license to use, display, publish, perform, copy and make derivative works of your content in connection with the website or promotion of the website until you revoke such permission in writing. Should you decide to revoke such permission, please contact us using the Contact Us form, and select “Website” as the subject of your enquiry and state in the body of the email that you wish to revoke this license to display your work. Then, upon verifying your identity and work, we will remove the content within a reasonable time.

Membership & Technical Operation of the Site

When you sign up to become a registered member of DESIGN 21: Social Design Network, you represent that the information you provide about yourself is true, complete and up-to-date. DESIGN 21 is not responsible for any damage to you or others for your failure to provide it with accurate and up to date information.

If you win a competition or challenge, you agree to provide DESIGN 21 with any information, releases, or provisions it reasonably feels necessary to permit transfer of payment, assignment or license of rights to your work, including providing information to verify your age and identity.

DESIGN 21 provides this website and services “as is” and does not guarantee that the website or its functionalities, or any competition or challenge hosted at the website will operate error-free. DESIGN 21 does not guarantee that the website, or any content or links at the website, will be free of viruses, Trojans, worms, or other code that may damage your hardware, software or that of your service provider. You agree that you will indemnify and hold DESIGN 21: Social Design Network, Felissimo Universal Corporation of America, UNESCO, their affiliates or employees harmless of and from any claims, liability or damage arising from the website’s operation.

Limitation of Liability

You agree and acknowledge that DESIGN 21 and UNESCO, along with their subsidiaries, affiliates, licensors, employees, service providers, officers and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages in connection with the operation or failure to operate of this website, even if they have been made aware of the possibility of such damages. Apart from willful and malicious tortious acts, in no event will the collective liability of DESIGN 21 (and UNESCO, along with their subsidiaries, affiliates, licensors, employees, service providers, officers and directors) for any claim, or multiple claims arising out of a single occurrence or defect, exceed $500, unless a greater amount of liability on the part of DESIGN 21 is expressly set forth within the rules of a particular competion or challenge.

Copyright Notification and Take Down Procedures

If you feel that something on our site infringes on your copyrights, please send us a copyright infringement notification, as set forth below.

The Notice must contain:

  1. An identification of the work that you claim is infringing your copyrights. For example, please provide a sample image of the infringing work, along with the url and user name of the posting party.
  2. An identification of your work, the rights in which you claim the infringing work is violating;
  3. Information sufficient to contact you, such as an address, telephone number, and electronic email address,
  4. A statement that you have a good faith belief that use of the material on the site, or in connection with the site is not authorized;
  5. A statement that the information you provided in your notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright holder.
  6. A physical or electronic signature on behalf of the copyright holder.

Please note that this copyright infringement notice involves the legal rights and liabilities set forth in the United States Copyright Act, 17 USC 512(c). We recommend that you consult an attorney to confirm your rights and procedures.

Written notice should be sent to our Complaints Department as follows:

DMCA Complaints
DESIGN 21 / Felissimo
601 West 57th Street, #37D
New York, NY 10019
USA

Email: Use the Contact Us form. When you receive the automated reply, attach any supporting materials you may want to include as part of your notification.

Contract and Claim Enforcement and Severability

If any provision of this Agreement is held to be invalid or unlawful, it shall be deemed severed from the remainder of the Terms of Use, which shall continue in full force and effect.  You agree and acknowledge that you may not transfer or assign any of your rights or obligations under this Agreement, all of which are binding upon your heirs, successors and assigns.  DESIGN 21 may in its sole and absolute discretion, assign, license, sublicense or transfer its rights or obligations under this Agreement.

Choice of Law/ Limitations on Action

The Website is offered and operated by DESIGN 21 from the United States of America, and by visiting or using it, you agree and acknowledge that your use and all claims against DESIGN 21: Social Design Network, Felissimo Universal Corporation of America, and UNESCO along with their subsidiaries, affiliates, licensors, employees, service providers, officers and directors shall be governed by the laws of the State of New York, without regard to principles of conflict of laws. Any such action or Claim must be brought and pursued exclusively within the city, county and state of New York, and you agree that you will not join any other user or third party’s claim and WAIVE all rights to bring any class action against any of such above-named parties in connection with this website.

No representations or warranties are made that the website and/or design competitions held through the website are suitable, permitted, or available in other locations.  If you are a user accessing the website from a jurisdiction outside the United States, you are solely responsible for compliance with local laws, customs, and norms.  Any competitions or challenges held in connection with the website are void where prohibited by local, national, and state law.

Our Intellectual Property

DESIGN 21, ALLUMONDE, DESIGN 21: SOCIAL DESIGN NETWORK and the ALLUMONDE RING are trademarks owned or licensed by Felissimo Universal Corporation of America. All content on the website is governed by the laws of the United States of America and international copyright, trade dress, trademark, patent and other intellectual property laws, international treaties and conventions.  All rights are reserved.

Copyright 2010 – Felissimo Universal Corporation of America.