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Terms of Use

This Terms of Use Agreement (“ToU”) is made between Design House Lake Tahoe, LLC. (“The Design House,” “we,” “us” or ”our”) and you, the individual choosing to use our online services (“you” or the “user”). 

 

SERVICES THIS ToU COVERS

 

The Design House is a design studio that caters to the interior design and lifestyle brand industries. IDCO provides design consultation services and also offers bespoke interior design services, including access to an interactive client portal, video library, video tutorials, and access to a private portfolio.

 

SERVICES THIS ToU DOESN’T COVER

 

We love supporting our partners and to show our appreciation we occasionally link to their websites and services. When you click on one of these links, you are leaving The Design House, and this ToU no longer applies. The way our partners or other third-parties do business is out of our hands, and we assume no responsibility for the content, privacy policies, or practices of any third-party website or service that we link to. 

 

ACCEPTANCE OF ToU

 

We know these ToU’s are about as dull as a poorly lit house. However, by using or accessing our private portfolio, it is implied that you agree to comply and be legally bound by the terms set out in this agreement, which is why you really should stick it out and read the whole thing. While you are at it, you should also head over and check out our Privacy Policy as well. 

 

 

CHANGES TO TERMS

 

From time to time, we may need to make changes to this ToU and may do so at any time. The date at the top of this ToU represents when this ToU was last revised. If we make a change to any terms that we believe in our discretion materially affects the way our services apply to you, we will notify you in advance. It is important to check this ToU from time to time to ensure that you are all caught up to date. By continuing to access or use our services after a change has occurred, you agree to be bound by our updated ToU. 

 

CONDITIONS BEFORE YOU ACCESS OUR SERVICES

 

While we love children, our services are not targeted or intended to be used by people under the age of 13 and all children between the ages of 13 and 16 must have permission from their parent or guardian before accessing our online services. Additionally, to purchase any of our template packages you must be over the age of 18 and must be authorized to use our services and enter into this ToU if you are acting on behalf of a company.  

 

THE DESIGN HOUSE USER ACCOUNTS

 

Simply here to browse our templates and website? Go right ahead – no account is needed! However, if you wish to preview our portfolio (and who could blame you!?), you will be required to create an account with us. To register for an account, you will be required to provide us with some personal information such as your email address, name, and password. Don’t worry, any personal information that you provide to us will be treated in accordance with our Privacy Policy.

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CREDIT

 

At The Design House, we are extremely proud of all the hard work and dedication that has gone into creating our interior spaces. It is important to us that consumers associate The Design House brand with the designs we have created. As such, all The Design House imagery includes a credit that identifies The Design House as the creator of the design and links to our website. 

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All of The Design House photography is captured by in-house photographers (unless otherwise noted), is proprietary, and protected by copyright.

 

The use or sharing of images by another party is permitted for inspiration purposes only. Express written permission must be obtained directly from The Design House before images are shared/posted on social media or any other platform. Reposting of @the_designhouse posts is permitted if the post is shared in its entirety. 

 

The Design House images are available to media for editorial use directly related to The Design House, including corporate profile pieces, industry commentary, and The Design House project features. Photo usage rights do not cover articles that do not relate to The Design House. All images used in editorial pieces must be accompanied by the photo credit, “Courtesy of The Design House”. A copy of the article or story must be submitted to The Design House.

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The use of The Design House images for any commercial use, including advertising, marketing, sales promotion, merchandising, book publishing, or any other commercial purpose is strictly prohibited without the express written consent of The Design House. If permission is granted, any further distribution of images is strictly prohibited.

 

The Design House has the right to pursue legal action for any usage that falls outside parameters outlined above.

 

SUSPENSION & TERMINATION OF. YOUR ACCOUNTS

 

  • Involuntary Suspension or Termination of Your Account

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The Design House will make best efforts to notify you if we have a reason to believe that you have violated this ToU and may issue you a written warning outlining the behavior that we believe is in violation. However, we reserve the right to suspend or terminate your The Design House account and/or remove you from the social media community without warning. 

 

  • Voluntary Termination of Your Account

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You are free to voluntarily delete your The Design House account by requesting for The Design House to terminate your account manually and you are also free to leave the social media community at any time. Deleting your account may mean that you may no longer have access to your user portal. The Design House cannot guarantee that all information that you have previously provided to The Design House will be deleted along with your account. We will be sad to see you leave!

 

[BEWARE THIS IS WHERE SOME OF THE MORE COMPLICATED AND NECESSARY LEGAL EXPLANATIONS BEGIN. PLEASE READ CAREFULLY!]

 

INTELLECTUAL PROPERTY

 

While The Design House does not have any individual ownership over additional content that you add to our templates. We do retain ownership of all intellectual property in the design images, including copyrights. By granting you access to our portfolio, The Design House does not grant or transfer to you any other rights, title or interest, other than a limited license. You also do not have permission to remove or alter any intellectual property. 

 

COPYRIGHT POLICY

 

The Design House respect’s the intellectual property rights of others. It is our policy to respond to and investigate any claim that content used in connection with our services infringe on the copyright or other intellectual property rights of any person or entity. If you are a copyright owner or an authorized agent of a copyright owner, and you believe that content on our services infringes on another copyrighted work, please submit your claim via email to hello@designhouselaketahoe.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged infringement. In accordance with 17 U.S.C. 512(c)(3) of the Digital Millennium Copyright Act (DMCA), your claim must include:

 

  • an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner;

  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

  • identification of the URL or other specific location on our services where the material that you claim is infringing is located;

  • your address, telephone number, and email address;

  • 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; and

  • 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 agent permitted to act on the copyright owner’s behalf.
     

Please be aware that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims relating to content that you report as being allegedly infringing in nature. 

 

REPRESENTATIONS & WARRANTIES

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  • The Design House’s Representations and Warranties

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THE DESIGN HOUSE’S SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” IDCO MAY USE REASONABLE EFFORTS TO CORRECT ERRORS AND OMISSIONS IN OUR SERVICES. HOWEVER, IDCO EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT THAT THE LAW OF THE JURISDICTION PERMITS. IDCO DOES NOT WARRANT THAT USE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT DATA WILL NOT BE LOST. THE DESIGN HOUSE IS NOT RESPONSIBLE FOR ENSURING THAT YOU COMPLY WITH ALL OF OUR TERMS AND CONDITIONS AND WILL NOT BE LIABLE FOR ANY ACTIONS THAT RESULT FROM YOUR NON-COMPLIANCE. 

 

  • User Representations and Warranties
     

By using The Design House’s services, you represent and warrant that:

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  • You are free to enter into and comply with this ToU and are not under any disability, restriction or prohibition, contractual or otherwise, that prevents you from entering into this ToU;
     

  • You have read and agree to this ToU and our Privacy Policy and will not use The Design House’s services for any fraudulent or inappropriate purpose or in a way that violates these terms and conditions;

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  • You will not violate our intellectual property rights.

 

LIMITATION OF LIABILITY

 

IN NO EVENT WILL THE DESIGN HOUSE BE LIABLE FOR YOUR FAILURE TO PROVIDE ACCURATE OR COMPLETE INFORMATION, YOUR FAILURE TO KEEP PERSONAL INFORMATION CONFIDENTIAL OR YOUR FAILURE TO COMPLY WITH ANY OTHER LAWS. THE DESIGN HOUSE WILL ALSO NOT BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, CHANGES TO THE SERVICES OR PLATFORM, TEMPORARY OR PERMANENT SUSPENSION OF SERVICES, DAMAGE TO COMPUTER OR HARDWARE, SECURITY BREACHES, INTERRUPTION OF BUSINESS, LOST PROFITS, BREACH OF A THIRD-PARTY CONTRACT, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER RESULTING FROM AN ACTION UNDER CONTRACT, TORT, STRICT PRODUCT LIABILITY OR OTHERWISE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE DESIGN HOUSE UNDER THIS TOU EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO THE DESIGN HOUSE FOR OUR SERVICES. IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY ABOVE, THE DESIGN HOUSE’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE JURISDICTION. YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK AND HAVE BEEN REACHED DUE TO FUNDAMENTAL BARGAINING BETWEEN YOU AND THE DESIGN HOUSE. 

 

INDEMNIFICATION

 

You agree to indemnify and hold The Design House harmless from any and all claims, losses, liability, damages, expenses, and costs (including attorney fees, mediation, arbitration, and court costs), resulting from: 

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  • any breach by you of this ToU;
     

  • any third-party claim arising from content that you have customized or added to The Design House imagery, including, but not limited to, claims of copyright infringement, trademark infringement, right of publicity, rights of privacy, breach of contract, defamation, fraud, misrepresentation, inaccuracy, discrimination, abuse, pornography or obscenity; and
     

  • any activity related to your account, unless the activity was caused by the act or default of The Design House.

 

PRIVACY, COOKIES & DATA PROTECTION

 

We care about your personal information, and all personal information that you provide to us is collected by us and used in accordance with our Privacy Policy. Our use of cookies and data protection systems are also explained in this policy. 

 

INTERNATIONAL USERS

 

The Design House’s services are controlled, operated and administered from our offices within the United States of America and are not intended to be subject to the laws or jurisdiction of any country outside of the United States of America. WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES ARE APPROPRIATE, LEGAL OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES OF AMERICA. Those who choose to access The Design House outside of the United States of America do so on their own initiative and assume all risks associated with such access, including but not limited to any compliance with their particular jurisdictions’ laws and regulations and any United States export controls. We reserve the right to limit our services, in whole or in part, to any geographic location or jurisdiction we choose. 

 

DISPUTE RESOLUTION

 

THIS SECTION OF OUR TERMS AND CONDITIONS SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. PLEASE ENSURE THAT YOU READ THIS SECTION CAREFULLY AND FULLY UNDERSTAND THIS SECTION BEFORE USING AND ACCESSING OUR SERVICES. THIS SECTION WILL SURVIVE TERMINATION OF THIS TOU AND THE TERMINATION OF YOUR IDCO ACCOUNT.
 

  • Letting Us Know About Complaints
     

At The Design House, we hope that we can work out any complaints or differences that we may have with you respectfully and calmly. If you have any concerns about the services that The Design House has provided, please reach out to The Design House to let us know. If we cannot work out our differences together, then the following mandatory binding arbitration will apply to resolve the dispute.  

 

  • Mandatory Binding Arbitration
     

If any controversy or claim arising out of, or relating to, this ToU, IDCO’s services, our Privacy Policy or any other legal agreement entered into relating to The Design House, cannot be amicably resolved, such controversy or claim will be determined by binding arbitration rather than in a court of law. Except that mandatory binding arbitration will not apply with respect to any claims relating to infringement or misuse of intellectual property. 

 

The binding arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (the “AAA”) and administered by the AAA. Arbitration must be commenced by filing a demand for arbitration with the AAA within one (1) year after the claim occurs or within one (1) year of the party asserting the claim becoming reasonably aware of the act or omission giving rise to the claim. If applicable law prohibits a one-year statute of limitations for asserting claims, claims must be asserted within the shortest period of time permitted by the applicable law. Except for attorney fees, all other costs associated with the arbitration will be shared equally between the parties, except where the AAA Rules provide otherwise. If an arbitrator determines a claim against The Design House to be frivolous or an opinion is found in our favor by the arbitrators, you agree to reimburse The Design House for all reasonable fees associated with the arbitration, including attorneys’ fees and arbitration costs. 

 

  • Class Action Waiver
     

You agree to waive any right to participate in a class or representative action or proceeding and warrant that any claims brought against The  Design House will be initiated only in your individual capacity. Any relief awarded by an arbitrator or otherwise will not affect other users of The Design House’s services. 

 

ASSIGNMENT


You are not entitled to assign this ToU, in whole or in part, to another person, without the prior written consent of The Design House. The Design House reserves the right to assign this ToU, in whole or in part, to any third party at any time without notice, including but not limited to any individual or entity acquiring all or substantially all of The Design House business or assets. However, we will do our best let you know if there has been a substantial change in the ownership of The Design House. 

 

SURVIVAL OF TERMS BEYOND TERMINATION

 

All provisions in this ToU that specifically state or logically ought to survive the termination of this ToU, or the termination of a user’s account, will survive such termination. 

 

WAIVER& SERVERABILITY

 

No waiver by The Design House of any term or condition in this ToU will be deemed or construed to be a waiver of such term or condition in the future, or of any preceding or subsequent breach of the same, or any other term or condition of this ToU or any other agreement. If any term or condition in this ToU is declared to be invalid, illegal or unenforceable, for any reason, the remainder of the provisions will remain in effect and will be enforceable to the fullest extent possible. 

 

APPLICABLE LAW & JURISDICTION

 

Except where otherwise required by mandatory law, this ToU as well as our Privacy Policy, are to be governed by and interpreted, constructed, and enforced in accordance with the laws of California.

 

ENTIRE AGREEMENT

 

This ToU represents the entire and exclusive agreement between The Design House and our users. All previous written and oral agreements and communications related to the subject matter of this ToU are superseded. 

 

CONTACT US

 

Thanks for your patience in getting through all of the necessary legal language of this document! We have tried to be as clear as possible in communicating our expectations when it comes to using our services. However, if you have any questions about this ToU, our Privacy Policy or The Design House’s services in general, just reach out! We would be more than happy to explain.

 

Design House Lake Tahoe, LLC

hello@designhouselaketahoe.com

12030 Donner Pass Road, Suite 1-357, Truckee, California 96161

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