WEBSITE INFORMATION & DISCLAIMERS
WEBSITE INFORMATION & DISCLAIMERS
Design By U provides images of each item on the Site and endeavors to show as much detail as possible. However, viewing images online has its disadvantages as the size and color of the images may vary across digital screens and mobile devices. Measurements of select pieces are provided to help visual size.
Any promotions offered by Design By U will state the time frame in which they can be used, along with any other limitations or excluded products. Design By U reserves the right to alter or cancel any promotion without notice. If a promotion is used incorrectly or being abused, Design By U has the right to cancel these orders and ban the usage of any further promotional material by such user.
Design By U Proprietary Rights
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service or the Site. You acknowledge that the Site and the Service contains copyrights, trademarks, service marks, or other intellectual property of Design By U. Unless specifically stated otherwise, Design By U owns the copyright to the Site, all images on the Site and on all jewelry designs and essentials as well as the rights in several trademarks. You agree not to infringe upon Design By U’s intellectual property rights in any manner.
Third Party Sites
Your dealings with advertisers or any links or third-party sites found on or through the Service are solely between you and such third-party. Because Design By U has no control over such sites and resources, you acknowledge and agree that Design By U is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, materials, advertising, products, promotions or any other activities or events. We suggest that you carefully read the applicable terms and privacy policies of any other site you may visit.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. DESIGN BY U EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DESIGN BY U MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DESIGN BY U OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT DESIGN BY U SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF ANY FUNDS, TANGIBLE OR INTANGIBLE, LOSS OF PROFITS, GOODWILL, USE, DATA OR ANY OTHER LOSSES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE USE OR PARTICIPATION IN ANY THIRD PARTY PRODUCT OR SERVICE OR OTHER SITES; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY YOU MAY ACCESS THROUGH THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.
Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability so some of the above limitations may not apply to you.
You agree to release, indemnify, defend, and to hold Design By U and its subsidiaries, affiliates, officers, agents, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs regarding your breach of the Terms and/or any claim or demand made by any third party due to or arising out of your use of the Site or Service or your violation or alleged violation of any rights of another.
Design By U complies with the Children's Online Privacy Act. Our Site (and links that may be available through our Site), are not intended for persons under the age of eighteen (18). We do not knowingly collect information from such persons. The images of persons under the age of eighteen (18) on our site was approved by the parent(s) of the child(ren) for promotional purposes for our workshops for children and young adults.
The Terms constitute the entire agreement between you and Design By U, superseding any other agreements or understandings between you and Design By U. The Terms and the relationship between you and Design By U shall be governed by the laws of the State of New York and you agree to submit to the exclusive jurisdiction of the federal and state courts located in New York, New York. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.