Effective as of September 14, 2021
Last Updated: September 16, 2021
- Applicable Sites
These Legal Notices apply to the DM3 Designs, LLC website. This includes https://dm3designs.com (hereinafter referred to as “Website”) only. They do not apply to other online or offline websites, products or services.
- Copyright Notice
Copyright © DM3 Designs, LLC (hereinafter referred to as “Company”, “We”, or “Us”). All rights reserved. All materials found on this Website are protected by United States and international copyright laws and treaty provisions and may not be reproduced, copied, edited, published, transmitted, uploaded, distributed, publicly performed or otherwise used in any manner, except with the prior express permission of the Company. Anyone found to be using any material from this Website without prior express permission will be prosecuted to the full extent under the applicable laws.
- Requesting Reproduction Permissions
No material found or located on this Website may be reproduced or used for commercial purposes without the prior written permission of the Company. You may write or fax the Company to request permission at the following address:
701 W Main St. Mount Pleasant, PA 15666
or by email: info@dm3designs.com.
- User/Subscriber Agreement
IMPORTANT! PLEASE READ CAREFULLY
This User Agreement constitutes a legal agreement between you and the Company, and spells out the terms and conditions to which users of the Website are expected to adhere. Please read this User Agreement carefully before using this website, because by signing up for a paid subscription, purchasing any goods, or by otherwise using this Website in any manner, you acknowledge that you have read and understand and agree to be bound by the terms set forth here, as well as the terms of our Privacy Policy, and any supplemental terms appearing on this Website, all of which are hereby incorporated by reference into this User Agreement (collectively referred to as “Agreement”). If you do not agree with or do not wish to be bound by all of the terms and conditions of this Agreement, do not subscribe to or use the Website or any portion of the Website.
This Agreement applies to the Website only. It does not apply to other online or offline websites, products or services, and it does not grant you the right to access any premium or paid portion of any website for which you have not paid a subscription fee.
This Agreement is subject to change at any time, and changes may be effective without notice upon each Subscriber/customer/user.
- Website content and user submissions
The contents of this Website are intended for the personal, noncommercial use of its users. All materials published on the Website, (including, but not limited to articles, blog entries, comments, text, photographs, images, illustrations, product descriptions, audio, video, software, trademarks, logos and other materials found on the Sites (collectively, the “Content”)) are protected by copyright, trademark and all other applicable laws, and are owned or controlled by the Company or the party credited as the provider of such Content, software or other materials. You shall abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through the Service.
Except as may otherwise be set forth in this Agreement, you may not reproduce, modify, adapt, translate, exhibit, publish, transmit, participate in the transfer, rental or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the Content, software, materials, Sites or the Service in whole or in part.
Copying or storing of any Content for any purpose other than your personal, noncommercial use as part of the Service is expressly prohibited without the prior written permission as set forth above.
You agree that any information, feedback, questions, comments, reviews, and/or submissions to any of the Public Forums (as discussed below) or the like that you provide to us in connection with any Website or our service (collectively, “Submissions”) will be deemed to have been provided to us on a non-confidential and non-proprietary basis, and you grant the Company a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant the Company and sublicensees the right to use the name that you submit in connection with such content, if they choose. We will have no obligations or liability of any kind to you or any third party with respect to any Submission and shall be free to reproduce, use, disclose, distribute and/or otherwise exploit any Submission for any purpose whatsoever, without limitation. You also agree that we shall be free to use any ideas, concepts or techniques embodied in any Submission for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques without your approval or compensation to you. You waive any rights you may have in modifications or alterations to your Submissions or in the event that your Submission is changed in a manner not agreeable to you. In addition, you hereby waive all rights you may have in any materials uploaded to the Website or sent to us by you.
All messages transmitted to this Website may be readily accessible to the general public. You should not use this Website to transmit any communication, which you intend only an intended recipient(s) to read. Notice is hereby given that any and all messages uploaded to this Website can and may be read by the operators of this Website, regardless of whether or not the operators are the intended recipients of such messages.
You agree to grant the Company a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any copyright, publicity and database rights you have in any information you supply through your Submissions, in any media now known or developed in the future, with respect to your information.
However, the Company will only use your personal information in accordance with our Privacy Policy.
If you believe that any Content appearing on this Website has been used in a manner that constitutes copyright infringement, please provide the Company with a signed written notice to the above-mentioned address or email address.
- Forums and discussions
This Website may make available comments sections, review sections, forums, message boards, etc. (hereinafter referred collectively as “Public Forum”). You shall not upload to, or distribute or otherwise publish through, a Public Forum any content which is illegal, libelous, defamatory, obscene, pornographic, profane, sexually explicit, abusive, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You agree not to use vulgar, abusive or hateful language.
You represent and warrant that you own or otherwise control all rights to any content that you post to any Public Forum, that such content is accurate, that use of the content you supply does not violate this Agreement and will not cause injury to any person or entity, and that you will indemnify the Company for all claims resulting from content you supply.
The Company does not endorse opinions reflected on Public Forums.
You may only use Public Forums in a noncommercial manner without express prior approval.
The Company reserves the right to delete, move, or edit any Submission that we, in our sole discretion, deem are in violation of the law, or this Agreement. The Company takes no responsibility and assumes no liability for any content posted by you or any third party.
- Links to third party websites
This Website may contain links to other websites, resources, and sponsors of the Website. Selection of any advertisement or link may redirect you off of this Website to a third party website. Interactions and/or transactions that occur between you and any such third party are strictly between you and that third party. We are not responsible for examining such third party websites and do not endorse the offerings or content provided by such third party websites, and thus assume no liability or responsibility for these sources. You should direct any concerns regarding such third party websites to that website’s webmaster.
- Authorization to Use Website
You must be 18 years or older to subscribe to this Website or order from this Website, or the applicable age of majority in your jurisdiction.
- Representations and warranties
You represent, warrant and covenant the following:
- that no materials of any kind submitted by you or through your account, or the Company’s use thereof in accordance with the terms and conditions of this Agreement, will (1) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (2) contain unlawful material, or otherwise violate any applicable laws, rules or regulations; (3) constitute false or misleading indications of origin or statements of fact; (4) slander, libel or defame any person or entity; or (5) cause injury of any kind to any person or entity; and
- that you are at least 18 years old or the applicable age of majority in your jurisdiction and possess the legal authority to enter into this Agreement.
- Indemnification
You hereby agree to indemnify, defend, and hold harmless the Company and its members, managers, agents, and any other party of interest (hereinafter “Parties”) from and against any and all causes of action, claims, liabilities, and costs incurred by these Parties in connection with any claim arising from any breach by you of this Agreement or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys’ fees. You agree to cooperate as fully and reasonably as required in the defense of any claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement which affects the rights of the Company without prior written approval by the Company.
- System integrity
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of this Website, or any transaction conducted on this Website.
- Termination
You may cancel your subscription or membership to the Website by contacting the Company at info@dm3designs.com.
Your subscription will be terminated at the end of the term in effect, if no subscription for you exists your Personal Information will be deleted within fifteen (15) business days of said notice. You are responsible for all charges incurred up to the time your account is terminated.
The Company reserves the right to terminate or suspend your account for any or no reason, including any breach of this Agreement without notice.
In the event a refund is issued, it will be refunded to the original credit card used to purchase membership to this Website. No cash or check refund will be issued.
- Applicable law
This Agreement has been made in and shall be construed and enforced in accordance with Pennsylvania law without regard to any conflict of law provision. You agree that any action to enforce this Agreement shall be brought in the federal or state courts located in Greensburg, Pennsylvania, and you hereby consent to the personal jurisdiction and venue of the courts located in Westmoreland County, Pennsylvania.
10. Backorders
Any orders made while Company is out of stock of a particular item will be
fulfilled by Company as stock of that item arrives in the warehouse. Orders shall be fulfilled in the order they are received.
11. Financial Information/Credit Card Authorization
In order to pay for products/goods through the Website, you may be asked to provide the Company with your credit card information. By providing said credit card information, and by ordering through the Website, you expressly authorize the Company to charge your credit card for the amount as listed on your screen as the Total amount owed to Company for said order. You agree to not perform any chargebacks or to dispute said charge after the order, and should you do so, you will be in direct violation of this Agreement and the terms herein. You performing a chargeback or disputing a charge after inputting your credit card information, can result in being blocked and unable to access the Website in the future, or Company may seek reimbursement for any damages incurred as a result of said chargeback or charge dispute.
12. Worry Free Guarantee/Return Policy
Company provides you with a Worry Free Guarantee. 100% satisfaction or your money back. Any products/goods returned to get full refund are subject to Company’s review and acceptance, in Company’s sole discretion, of the products/goods. Products/goods must be returned within 60 days to qualify for the Worry-Free Guarantee.
This Agreement, the Privacy Statement and any other terms referenced in this Agreement constitute the entire agreement between you and the Company with respect to your access to and use of this Website and supersede all prior or contemporaneous agreements (whether oral, written or electronic) between you and the Company with respect to this Website. If any of the provisions of this Agreement are determined to be invalid or unenforceable, then each invalid or unenforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties and the remaining provisions shall remain in full force and effect.
The Company may assign this Agreement: (1) to any of its affiliates, (2) to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of the Company, or (3) in connection with the sale of the Website or the business unit associated with such this Website.
Acceptance
You hereby acknowledge that you have read and understand the foregoing Agreement and agree to be bound by its terms and conditions.
