Terms / Conditions

Forudesigns/Innovative Marketing Ventures,Inc. (Rod Seeley Designs)
Terms and Conditions

Acceptance of Terms

FORUDESIGNS CO., LTD. ("FORUDESIGNS") PROVIDES ITS WEBSITE AND RELATED SERVICES ("SITE") TO YOU SUBJECT TO THE FOLLOWING TERMS & CONDITIONS. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THIS SITE SHALL BE DEEMED TO BE YOUR (AND IF ACTING ON BEHALF OF A THIRD PARTY OR YOUR EMPLOYER, SUCH THIRD PARTY'S OR EMPLOYER'S) AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW (REFERENCES IN THIS AGREEMENT TO "YOU" INCLUDE YOU AND ANY SUCH THIRD PARTY OR EMPLOYER). FORUDESIGNS CAN CHANGE THIS AGREEMENT AT ANY TIME BY POSTING AN UPDATED TERMS & CONDITIONS ON THIS SITE AND FORUDESIGNS MAY SEND REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THIS SITE. IF YOU DO NOT CEASE USING THIS SITE, YOU WILL BE CONCLUSIVELY DEEMED TO HAVE ACCEPTED THE CHANGES. IF YOU HAVE ANY QUESTIONS ABOUT THE AGREEMENT, YOU MAY CONTACT US AT forudesignsteam@gmail.com.

 

If your material, including but not limited to text, data, photographs, graphics, images, information, audio clips, and all digital data or any combination of these elements ("Content"), is uploaded as a design for products available to other users on the Site, you grant the additional rights set forth in the Designer License Agreement that is incorporated herein by this reference. If you act as a Designer (as both terms are defined in the Designer License Agreement ) in accordance with either the Designer License Agreement or the Associates Agreement. In addition, when you use any of our services, you will be subject to our Privacy Policy, Returns Policy, as applicable and they are incorporated into this Agreement by this reference.

 

User Account, Password, and Security

 

To complete your registration, you will provide an email address and a password. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. It is important for you to protect against unauthorized access to your computer. Be sure to log off when you finish using a shared computer.

 

You agree to (a) immediately notify FORUDESIGNS of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. FORUDESIGNS cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

 

User Conduct

 

In using this Site, you agree to not:

 

a.      upload, download, post, transmit any Content that is unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property.

b.      impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

c.      upload, download, post, email or otherwise transmit any Content that may violate or infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. As a guideline, you may contribute only original work that you have created yourself from original elements. This means you can't use images of celebrities or corporate products, nor images, text, or designs that you've copied from a website without written permission from the owner. You cannot create a "new" image using elements from images other people have created. You cannot contribute a quote or a slogan that is substantially the same as something already written by someone else. By uploading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances;

d.      upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, illegal activity, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;

e.      use the Service to harm minors in any way, including, but not limited to, uploading Content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;

f.      upload Content that may be seen as condoning or encouraging unsafe practices that would result in the physical, mental or moral harm of children;

g.      upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;

h.      upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

i.      upload, download, post, email or otherwise transmit false or misleading information;

j.      disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites;

k.      Access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;

l.      disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites;

m.      frame the Site within another Site or webpage or link to the Site except as permitted in writing by FORUDESIGNS;

n.      incorporate images or names that would violate a person's right of privacy or publicity; or

o.      incorporate a current or former leader, politician, religious figure, convicted criminal or notorious person, or other famous person's name or likeness;

p.      use a manual or automatic device or process to retrieve, index, "data mine" or in any way reproduce or circumvent the navigational structure or presentation of the Service;

q.      transfer your FORUDESIGNS account to another party without FORUDESIGNS's written consent;

r.      copy, modify or distribute rights or Content from the Site, service or tools or FORUDESIGNS's copyrights and trademarks; or

s.      Harvest or otherwise collect information about users, including email addresses, without their consent.

You acknowledge that FORUDESIGNS does not pre-screen submitted Content, but that FORUDESIGNS and its designers shall have the right (but not the obligation) in their sole discretion to reject or remove any Content that is available via the Site. Upon placing your order, you acknowledge that FORUDESIGNS may review your order, and the Content it contains, for adherence to our guidelines and compliance with the terms and conditions set forth in this Agreement. FORUDESIGNS and its designers reserve the right to demand confirmation from you in writing of all rights, authorizations, licenses, permissions, and consents owned or obtained by you (if any) with respect to any Content you upload to or transmit through the Site. If you fail to provide us with satisfactory confirmation upon request, we reserve the right to remove or deny access to any or all of your Content available via the Site and to suspend or terminate your account. FORUDESIGNS does not endorse any Content submitted to the Site by any User or other licensor, or any opinion, recommendation, or advice expressed therein, and FORUDESIGNS expressly disclaims any and all liability in connection with Content. Without limiting the foregoing, FORUDESIGNS and its designers shall have the right to remove, without prior notice, any Content that they believe may violate the Agreement, is subject to complaint, or is otherwise objectionable to FORUDESIGNS. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

 

FORUDESIGNS is a marketplace where:

 

Content owners/creators ("Designers") may make their content and/or product specifications available for use in connection with the sale of certain products; andProduct manufacturers ("Makers") can offer, sell, and/or fulfill their products to Users of this Site.

 

To help you distinguish among the different types of transactions available on this Site, FORUDESIGNS uses the following labels.

 

"Made and Sold by FORUDESIGNS": This means FORUDESIGNS is both selling the product to you and making it.

"Made by [Maker] and Sold by FORUDESIGNS": This means FORUDESIGNS is selling this product, but the product is made by a third party Maker.

"Made and Sold by [Maker]": This means that an independent Maker is both making the product and selling it to you via the FORUDESIGNS Maker Platform. The process for placing an order is the same as for products sold by FORUDESIGNS, but FORUDESIGNS is only facilitating the transaction. FORUDESIGNS has no control over the quality, safety, morality or legality of any aspect of the products sold to you by a Maker, the truth or accuracy of the listings, or the ability of the Maker to sell that product. FORUDESIGNS does not pre-screen Makers or the content or information provided by Makers for these products, and cannot ensure that a Maker will actually complete a transaction. FORUDESIGNS does not transfer legal ownership of these products from Maker to User, and cannot guarantee the true identity of User. FORUDESIGNS encourages you to communicate directly with potential transaction partners through the tools available on the Site. You understand and agree that FORUDESIGNS is only a venue for these transactions, and as such, you enter into these transactions at your own risk.

"Designed by [Designer]": This label informs you of the Designer who has published its designs for use on products sold on the Site. Designers represent that they have the right to publish their designs for use on the products they select, and FORUDESIGNS makes no representation as to the truthfulness of any such representations.

You acknowledge and agree that you are responsible for the creation and compilation of your Content, and that neither FORUDESIGNS nor any other party involved with the production of any product incorporating such Content assumes that responsibility. FORUDESIGNS's production of any product depicting your Content does not indicate that FORUDESIGNS approves of the Content, that the Content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the Content.

 

You acknowledge and agree that FORUDESIGNS may preserve or store your Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation, storage or disclosure is reasonably necessary and as set forth in our Privacy Policy. You understand that the technical processing and operation of the Site, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.

 

You agree that you are responsible for actions and communications undertaken under your account. FORUDESIGNS takes no responsibility and assumes no liability for any Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. You agree to waive any claims against FORUDESIGNS and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to communications, Content or materials on the Site. You agree to indemnify FORUDESIGNS and its affiliates from all claims and expenses, including reasonable attorney's fees, which claims are based on or arise from your violation of any of the provisions of this Agreement.

 

You agree that you will use this Site and any products, ordered on this Site in accordance with all applicable federal, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.

 

Privacy Policy

 

Your privacy is very important to FORUDESIGNS. Users of this Site should refer to our Privacy Policy for information about how FORUDESIGNS collects and uses personal information. By accepting this Agreement you expressly consent to FORUDESIGNS's disclosure and use of your personal information as described in the Privacy Policy, which is incorporated herein by reference.

 

Trademarks and Copyrights

 

FORUDESIGNS's trademarks, trade dress and product images may not be used in connection with any product or service that does not belong to FORUDESIGNS, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits FORUDESIGNS. All other trademarks not owned by FORUDESIGNS that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by FORUDESIGNS.

 

Proprietary Rights

 

You acknowledge and agree that any Content, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Site, by FORUDESIGNS, its advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. You may not use or distribute any Content received through the Site without the authorization of FORUDESIGNS or the Content owner. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Site, in violation of applicable copyright and other intellectual property laws.

 

You retain all ownership rights to your Content submitted to the Site. By submitting Content to FORUDESIGNS, you grant FORUDESIGNS a nonexclusive, worldwide, transferable license to use, copy, reproduce, modify, publicly display, and distribute your Content.

 

You acknowledge and agree that the Site and any software provided to you or used in connection with the Site, including, for example and without limitation, any API's or other scripts ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws.

 

Subject to your compliance with the terms and conditions of this Agreement and any additional terms provided in a separate applicable agreement, FORUDESIGNS grants you a non-exclusive, non-transferable, non-sublicensable license to use the Software solely as necessary to use this Site and provided that you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.

 

FORUDESIGNS grants you a non-exclusive, revocable and limited license to use the Content and FORUDESIGNS's tools, images, product photographs for the purposes of promoting the site in the condition that you provide appropriate attribution and a link to the FORUDESIGNS website. We reserve the right to terminate this license at any time.

 

The intellectual property rights in or relating to the content of any notes, messages, e-mails, postings, letters, ideas, suggestions, concepts or other written materials which you submit or communicate to FORUDESIGNS (excluding the Content you submit) will automatically be deemed to be assigned, granted and transferred by you to FORUDESIGNS upon their submission or communication to FORUDESIGNS, and you do assign all rights therein to FORUDESIGNS and agree that the same will automatically become the property of FORUDESIGNS and that FORUDESIGNS may use, exploit, copy, publish, implement, transfer and in all other ways deal with such materials and all of the intellectual property rights therein in any way and for any purpose FORUDESIGNS may elect, forever.

 

Intellectual Property Policy

 

FORUDESIGNS respects the intellectual property rights of others. We ask our users to do the same. FORUDESIGNS may terminate the accounts of users who infringe, or may infringe, the copyright or other intellectual property rights of others. If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement, please notify FORUDESIGNS's Copyright Agent, and provide the following information ("Notice"):

 

a.       an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/trademark interest;

b.       a description of the copyrighted work and/or trademark claimed to have been infringed;

c.       a description of where the claimed infringing Content is located on our Site;

d.       your address, telephone number, and email address;

e.       a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law;

f.       A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are authorized to act on behalf of the owner of the copyright/trademark interest involved.

Please note that this procedure is exclusively for notifying FORUDESIGNS that your trademark or copyrighted material has been infringed.

 

FORUDESIGNS's Copyright Agent can be reached at: forudesignsteam@gmail.com.

 

WARRANTY

 

YOU REPRESENT AND WARRANT THAT YOU ARE THE OWNER OF THE CONTENT THAT YOU SUBMIT AND THAT THE CONTENT DOES NOT INFRINGE UPON THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS (COPYRIGHTS AND TRADEMARKS) OR OTHER RIGHTS OF OTHERS. YOU ALSO REPRESENT THAT THERE ARE NO OUTSTANDING DISPUTES IN CONNECTION WITH THE PROPERTY RIGHTS, INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS IN THE CONTENT OR ANY PARTS OF THE CONTENT. YOU HEREBY REPRESENT AND WARRANT TO US THAT THIS AGREEMENT HAS BEEN DULY AND VALIDLY EXECUTED AND DELIVERED BY YOU AND CONSTITUTES YOUR LEGAL, VALID AND BINDING OBLIGATION, ENFORCEABLE AGAINST YOU IN ACCORDANCE WITH ITS TERMS; AND THAT THE EXECUTION, DELIVERY AND PERFORMANCE BY YOU OF THIS AGREEMENT ARE WITHIN YOUR LEGAL CAPACITY AND POWER; HAVE BEEN DULY AUTHORIZED BY ALL REQUISITE ACTION ON YOUR PART; REQUIRE THE APPROVAL OR CONSENT OF NO OTHER PERSONS; AND NEITHER VIOLATE NOR CONSTITUTE A DEFAULT UNDER THE (I) PROVISION OF ANY LAW, RULE, REGULATION, ORDER, JUDGMENT OR DECREE TO WHICH YOU ARE SUBJECT OR WHICH IS BINDING UPON YOU, OR (II) THE TERMS OF ANY OTHER AGREEMENT, DOCUMENT OR INSTRUMENT APPLICABLE TO YOU OR BINDING UPON YOU.

 

Indemnity

 

You agree to defend, indemnify and hold FORUDESIGNS and FORUDESIGNS's officers, directors, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney fees, expert witness fees, and costs of litigation arising out of or based on (a) Content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of the Agreement or (e) your violation of any rights of a third party.

 

No Resale

 

Other than as expressly provided under these terms, you agree not to reproduce, duplicate, copy, sell, resell or exploit for other commercial purposes, any portion of the Site, without FORUDESIGNS's express written consent.

 

Termination

 

You agree that FORUDESIGNS, in its sole discretion, may terminate this agreement including but not limited to termination of your password, account (or any part thereof) or use of the Site, and remove and discard any Content you may have contributed to the Site, at any time for any reason or no reason. FORUDESIGNS may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that FORUDESIGNS may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of the Site. Further, you agree that FORUDESIGNS shall not be liable to you or any third-party for any termination of your access to the Site. Should you object to any terms and conditions of the Agreement or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue your use of the Site and/or terminate your account.

 

Any termination of this Agreement shall not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.

 

Links

 

The Site may provide, or third parties may provide, links to other websites or resources. Because FORUDESIGNS has no control of such sites and resources, you acknowledge and agree that FORUDESIGNS is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources or the policies or such sites and resources. FORUDESIGNS is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

 

Public Reputation

 

You acknowledge and agree that you will not use any Product ordered from the Site in a way that would be damaging to FORUDESIGNS's public reputation or that of its employees, board members, shareholders, licensors, or solution partners. Additionally, you acknowledge that if you choose to display any product including custom postage ordered from FORUDESIGNS, in a public setting, including on the Internet, in a way which disparages FORUDESIGNS, FORUDESIGNS's board members, employees, shareholders or partners, FORUDESIGNS reserves the right to demand immediate return of the product, to furthermore pursue all recourses and remedies available under the law.

 

Pricing, Shipping, and Terms of Sale

 

Prices for products are described on the Site and are incorporated into this Agreement by reference. All prices are in US dollars. Prices and products may change at FORUDESIGNS's discretion. FORUDESIGNS may offer promotional discounts from time-to-time. You must agree to the terms of the promotion in order to be given the discount. You agree not to use more than one discount per item, unless such use is expressly permitted by FORUDESIGNS. Title and risk of loss for all products ordered by you shall pass to you on FORUDESIGNS's shipment to the shipping carrier. Purchases are subject to FORUDESIGNS's Return Policy . FORUDESIGNS reserves the right to cancel any order for any product that for any reason, including orders that may violate the intellectual property rights of a third party and will notify the purchaser that the order has been canceled.

 

Earnings

 

If you participate as a Designer or Associate (as both terms are defined in the Designer License Agreement), FORUDESIGNS will pay accrued earnings in accordance with the following section.

 

Payments for royalties, referral fees, volume bonus and any other compensation owed to you (collectively hereinafter referred to as "Earnings") will be made within forty-five (45) days of the end of the month subject to the following:

 

FORUDESIGNS maintains a statement of your Earnings. You may check your statement in the "My Account" section of your account.

FORUDESIGNS will pay your Earnings in accordance with the selections you make in the "Payment Settings" page in "My Account" and FORUDESIGNS makes the following options available:

 

1.       Payment as soon as you have reached the Payment Thresholds (as defined below) set by FORUDESIGNS from time-to-time; or

2.       Have your Earnings held in your account until you choose to have your payment made (after reaching the Payment Threshold set by FORUDESIGNS); or

3.       Hold your Earnings in your account to apply toward a purchase on the Site.

On the Payment Settings page in, you may also choose your method of payment (for example, check or PayPal). FORUDESIGNS, in its discretion, may change the methods of payment that are available, and certain methods of payment may not be available for all balances.

With respect to referral fees, if Products that generated a referral fee are returned by the customer, we will deduct the corresponding referral fee from your next payment. If there is no subsequent payment, we may send you a bill for the fee, which bill must be paid upon receipt.

If FORUDESIGNS owes you any compensation as of June 30th each year, then FORUDESIGNS may send you payment of such accrued Earnings (generally on or about August 15th for the 12-month period ending June 30th) even if you have not reached the Payment Thresholds or have chosen to have your payment held. Such annual payments will be subject to the Processing Fees set forth above. If your Earnings are less than the applicable Processing Fee, you will not receive a payment.

FORUDESIGNS will withhold taxes from international payments that are due if Designers do not provide us with relevant documentation such as the W8-BEN form.

In the event that a check sent to the address listed as the payee address in your account is returned as undeliverable, FORUDESIGNS may withhold further payments until you have corrected or updated your address.

In the event that an order for which you were paid Earnings is either cancelled, returned or refunded for any reason, FORUDESIGNS will deduct the relevant amount from your Earnings.

 

Product Descriptions

 

FORUDESIGNS attempts to be as accurate as possible to provide a compelling user experience. There are many Designers on the Site and FORUDESIGNS does not verify the accuracy of their product descriptions. FORUDESIGNS does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. If a product offered by FORUDESIGNS is not as described, your sole remedy is to return it pursuant to FORUDESIGNS's Return Policy.

 

FORUDESIGNS prides itself on its relationships with charitable organizations and is pleased that its platform has proven to be an effective fundraising tool for many organizations. From time-to-time, FORUDESIGNS participates in specific programs designed to assist charitable organizations to raise funds for their causes. Whenever FORUDESIGNS announces these fundraising efforts, you can be assured that FORUDESIGNS will ensure that funds will be remitted to the charitable organization as disclosed in such announcements. From time-to-time, Designers may state they intend to donate their royalties or other sums to charities. FORUDESIGNS is unable to verify such statements, so please use caution when relying on them.

 

New Programs

 

FORUDESIGNS may introduce programs, features and products. At the time of release, FORUDESIGNS will publish the governing terms and conditions. You agree that you will be subject to such new terms and conditions to the extent that you participate in such new programs or use such new products.

 

Age and Geographic Restrictions

 

You must be at least 13 years of age to use this Site. Please contact us if you have any concerns or questions about this restriction.

 

International Access

 

This Site may be accessed from all countries. This Site may contain products or references to products that are not available from all countries. Any such references do not imply that such products will be made available for all countries. If you access and use this Site you are responsible for complying with your local laws and regulations.

 

You agree that FORUDESIGNS can translate, as accurately as reasonably possible, text and information that you provide into other languages for use on our foreign domains. We do not guarantee the accuracy of such translations.

 

Correction of Errors and Inaccuracies

 

The information and product listings on this Site may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit or restrict quantities of products (including after you have submitted your order) for any reason, including, without limitation, if the product violates any terms of this Agreement.

 

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our partners, we reserve the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and you have been charged for the sale.

 

If you have already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or refund the amount in the manner in which the purchase was made by you. If we have overcharged for any product, we will issue a refund to you for the difference between what you were charged and the correct price of the relevant product.

 

Reviews, Comments and Submissions

 

Except as otherwise provided elsewhere in this Agreement or on the Site, anything that you submit or post to the Site and/or provide us, including without limitation, photos, videos, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and nonproprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.

 

In addition to the rights applicable to any Submission, when you post comments or reviews to the Site, you also grant us the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other Content that you post on this Site and that use of your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any Submissions or Content. We may, but shall not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.

 

DISCLAIMER OF WARRANTIES

 

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, PROGRAMS AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FORUDESIGNS AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FORUDESIGNS DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR (E) THERE WILL BE NO UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, OR (F) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY. YOU AGREE THAT FORUDESIGNS SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE SITE OR ANY CONTENT CONTAINED THEREIN. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS OR YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE. YOU ACKNOWLEDGE THAT FORUDESIGNS DOES NOT CONTROL OR ENDORSE IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SITE. EXCEPT AS OTHERWISE AGREED IN WRITING, FORUDESIGNS AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE. YOU ACKNOWLEDGE THAT FORUDESIGNS MAKES NO WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FORUDESIGNS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

LIMITATION OF LIABILITY

 

UNDER NO CIRCUMSTANCES INCLUDING, WITHOUT LIMITATION, ITS OWN NEGLIGENCE, SHALL FORUDESIGNS OR ITS PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, AFFILIATES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING FORUDESIGNS OR RELATED SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FORUDESIGNS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SITE; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (C) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR (E) ANY OTHER MATTER RELATING TO THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

 

YOU SPECIFICALLY ACKNOWLEDGE THAT FORUDESIGNS SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

Promotions

 

In addition to the terms and conditions in this Agreement, any contests, sweepstakes, surveys, games or similar promotions (collectively, "Promotions") made available through the Site may be governed by specific rules that are separate from this Agreement. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions in this Agreement. We ask you to please review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to this Agreement, governs any information you submit in connection with such activities. To the extent that the terms and conditions of such rules conflict with this Agreement, the terms and conditions of such program/promotion shall control.

 

Severability

 

If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.

 

Death or Incapacity

 

In the unfortunate event that a member of our Maker and Designer community who is a natural person dies or becomes permanently incapacitated, FORUDESIGNS will take all necessary steps to work with their successors and assigns. However, FORUDESIGNS will need the following documentation from such deceased or incapacitated community member's successors, assigns or their legal representatives for verification purposes:

 

1.       Death Certificate

2.       Proof of Succession

3.       Power of Attorney

In cases of members that are entities and if such entities cease to exist on account of dissolution, winding up, appointment of a receiver or bankruptcy, we will require the following documentary evidence:

 

1.       Appointment of a receiver

2.       Dissolution

3.       Bankruptcy proceedings

4.       Winding up proceedings

Please notify us as soon as possible should you become aware of the death, incapacitation, dissolution, winding up or bankruptcy of a Maker or Designer member of our community.

 

Our Community

 

Our community is the most important part of FORUDESIGNS. All registered members are part of our community and we value everyone. FORUDESIGNS has established multiple ways for members to interact with one another on the Site, including but not limited our social media channels and website. Please remember that these are public spaces, so use common sense when sharing personal information. FORUDESIGNS's role is to facilitate open discussion and support our community through constructive communication. We have some general rules for community conduct, and some spaces have additional rules.

 

Treat one another with respect. There is a real person behind each name.

Harassing, insulting, embarrassing or abusing other members is unacceptable.

The community spaces are not the appropriate channel to express disputes with others.

Specific transactions and/or feedback should not be discussed in public community spaces. Instead, contact FORUDESIGNS privately if you need help with a transaction.

Do not publicly post another person's private information without their explicit consent (for example: email, conversations, letters, phone numbers, addresses or full names).

Violating community policies may result in suspension or termination of certain privileges including account termination.

 

Applicable Laws and Dispute Resolution

 

The Agreement, including without limitation its conclusion, validity, construction, performance and settlement of the disputes, shall be governed by the law of Hong Kong, without giving effect to the principles of conflict of law. If a dispute arises between you and FORUDESIGNS, we strongly encourage you to first contact us directly to seek a resolution by going to our customer support site at forudesignsteam@gmail.com. In case no settlement to disputes can be reached through amicable negotiation by you and FORUDESIGNS, the disputes shall then be submitted to Shenzhen Court of International Arbitration (SCIA) for arbitration in accordance with its Arbitration Rules in force at the time of application for arbitration. The arbitration shall proceed in Shenzhen, P.R. China. The arbitral award is final and binding upon both Parties. The arbitration fees shall be borne by the losing Party except otherwise awarded by the arbitration commission.

 

Release and General

 

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

FORUDESIGNS may assign its rights and responsibilities hereunder without notice to you.

These terms and conditions will inure to the benefit of FORUDESIGNS's successors, assigns and licensees.

Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.

The failure of a party to exercise or enforce any right or provision of this Agreement will not constitute a waiver of the right or provision.

FORUDESIGNS's failure to act with respect to a breach by you or others does not waive FORUDESIGNS's right to act with respect to subsequent or similar breaches.

This Agreement, together with Fourdesigners Purchase Orders Terms and Conditions, the Purchase Orders Terms & Conditions, the Return Policy, the Designers License Agreement, and the Privacy Policy and the Intellectual Property Basics constitute the entire agreement between you and FORUDESIGNS, and supersedes all other communications, written or oral, with regard to the subject matter herein, the Site and services provided by FORUDESIGNS.

These terms and conditions may not be modified by you.

The following Sections survive any termination of this Agreement: Intellectual Property Policy, Proprietary Rights, Pricing, Shipping and Terms of Sale, Disclaimer of Warranties, Limitation of Liability, Indemnity, Applicable Laws and Dispute Resolution and Release and General.

FORUDESIGNS will attempt to notify you when major changes are made to this Terms & Conditions but you should periodically review the most up-to-date version at www.FORUDESIGNS.com/terms&conditions. FORUDESIGNS may, in its sole discretion, modify or revise these Terms and the associated policies at any time, and you agree to be bound by such modifications or revisions.

Nothing in this Terms & Conditions shall be deemed to confer any third-party rights or benefits.

FORUDESIGNS does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside FORUDESIGNS's control.

You agree that FORUDESIGNS is a platform and as such is not responsible or liable for any Content.

You use the Site at your own risk.

Our address

 

Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:

 

NO.9 Chifeng Road

Quanzhou City, Fujian Province, PR. China

Zip Code 362000

 

Forudesigns Privacy Policy

 

Thanks for using https://www.forudesigns.com/ ("Site"). At Forudesigns, we are committed to protecting your privacy. We have created this privacy policy ("Privacy Policy") to make sure you know what information we collect and how we use it. By using the Site, you expressly consent to the collection, storage, disclosure and use of your information as we have outlined in this Privacy Policy and you agree to the terms and conditions of this Privacy Policy.

 

We will occasionally update this Privacy Policy to reflect changes in our practices and services. When we make any changes to this Privacy Policy, we will notify you in accordance with our User AgreementTerms and Conditions. If we make any material changes we will notify you by email or by means of a notice on this Site prior to the change becoming effective. In addition, if we make material changes to how we use Personal Information collected from children under age 1313, we will notify parents by email in order to obtain verifiable parental consent for the new uses of the child's Personal Information. We also encourage you to check back, from time to time, and review this Privacy Policy so that you always will know what personally identifiable information we collect, how we use it, and to whom we disclose it. Your continued use of the Site will be subject to the then current Privacy Policy.

 

But first, a note about uploading and posting information on the Site:

At the time you register for a Forudesigns account, you will choose and provide us with an email address and password. When you upload a design, post a comment or message on the Site, provide information in connection with features such as fan clubs, wish lists, forums, member profiles, reviews and recommendation your user name may be visible to other users.

 

Additionally, if yours or your child's comment or message contains personally identifiable information and is posted by you in a page that is accessible to the public, third parties may make note of the information and you or your child may receive unsolicited messages from other parties as a result. Any content or information you upload that is visible to third parties may be read, collected, and used by others who access them. Our blog is managed by a third party application that may require you to register to post a comment. We do not have access or control of the information posted to the blog. You will need to contact or logging into the third party application if you want the personal information that was posted to the comments section removed. To learn how the third party application uses your information, please review their privacy policy. Always use care when you post such information.

 

What information do we collect? Information provided by you:

You may provide us with certain personally identifiable information when you:

 

Register for a Forudesigns account;

Order products or gift certificates;

Request customer support or send us any other communication;

Enter sweepstakes or contests;

Sign up for, or redeem, special offers;

Use our Email-to-a-Friend or Refer-A-Friend features; and

Approve your child's request to open a Forudesigns account in accordance with The Children’s Online Privacy Protection Act of 1998 (COPPA).Such information may include your name, email address, billing address, shipping address, and credit card number. You may also provide us with information about other people, such as their email addresses, if you email a product to a friend or refer a friend to the Site or our promotions.

 

If you are under 1313, we will collect your email address, password and age. Once you have selected "under 1313," we will then ask for your parent's/guardians email address so that we may send them a notice and ask for their permission for you to use the Site.

 

Information collected by Cookies:

 

Forudesigns uses cookies on the Site to improve the quality of our Site and services to you. A cookie is a small text file on your computer which a website sends to your computer to allow the website to store information which uniquely identifies our users. Forudesigns's cookies do not collect or store personally identifiable information. Rather, the cookie stores a token which uniquely identifies a particular user at a particular time. That token is then linked to the user information in our secured databases. You can always delete the cookies and reset your browser to refuse all cookies or to display a message when a cookie is being sent. If you reset your browser, some of the Site features and functionality may not be available to you and you may not be able to take advantage of all the features on the Site.

 

We may work with other companies who place cookies or web beacons on our Site. We do not have access or control over these cookies. These companies help operate our websites and provide you with additional products and services. They are subject to confidentiality agreements with Forudesigns and other legal restrictions. Forudesigns does not permit any of these companies to collect personally identifiable information using cookies or web beacons on our websites. Certain functionalities related to the provision of additional products and services require marketers to share website usage information about visitors to the Site, who have received a targeted promotional campaign, with a reputable third-party advertising company for the purpose of targeting future campaigns and upgrading visitor information used in reporting statistics. To this end, Forudesigns's third-party advertising company makes a note of some of the pages you visit on the Site through the use of pixel tags. Please note this does not opt you out of being served advertising. You will continue to receive generic ads.

 

Information collected by Web Beacons and Log Files:

Forudesigns collects certain non-personally identifiable information through the use of web beacons and log files. Such information may include your IP address, browser type, Site usage, and whether you opened emails you received from us.

 

Information collected through Product Reviews:

You may choose to submit a product review. If you post a review, we may ask for certain information to validate your review such as email address, Your email address will be kept private. Additionally, any personally identifiable information that you submit as part of the review can be read or used by other visitors to the Site. We are not responsible for any personally identifiable information that you choose to submit as part of your review. We believe you can post a helpful review without disclosing any personally identifiable information. If you wish to update or delete your testimonial, you can contact us at forudesignsteam@gmail.com.

 

How do we secure your information?

When you place orders or access your account information, we use commercially reasonable and generally-accepted technological safeguards to secure any information we collect about you. The secure server software ("SSL") we use encrypts all information you input before it is sent to us. In addition, your Forudesigns account information is password-protected for your privacy and security. You should always take steps to protect the confidentiality of the password you select. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when you finish using a shared computer.

 

We operate internationally and many of our computer systems are currently based in China. As a result, your personal data will be processed by us in the China where data protection and privacy regulations may not offer the same level of protection as in other parts of the world, such as the European Union. If you create a user account with us, you agree to this Privacy Policy and you consent to the transfer of all information you provide to us in China.

 

You may also choose not to provide us with certain information, but that may result in you being unable to use certain features of our Site because such information may be required in order for you to: register as a member; purchase products or services; participate in a contest, promotion, survey, or sweepstakes; ask a question; or initiate other transactions on our Site.

 

We work very hard to protect your privacy, but we do not promise, and you should not expect, that your personally identifiable information or private communications will always remain private. While we use industry-standard precautions to safeguard your personally identifiable information, we cannot guarantee complete security. If you have any questions about security on our Site, you can contact us at forudesignsteam@gmail.com.

 

How do we use your information?

We use the personally identifiable information you provide to:

 

Provide the features and functionality of the Site;

Fulfill your requests for our products and services;

Pay earnings;

Communicate with you about the status of your orders and other inquiries about our products and services;

Send you information about our products and services;

For our internal business purposes, such as data analysis, audits and so forth;

Help us create content that is most relevant to you; and

Provide notices about the results of sweepstakes, contest, and other promotions.

We use your email address to communicate with you about your account and to send you certain notification emails. You can change the frequency of those emails in your Forudesigns account settings.

 

When you purchase products from the Site, we may use your email address or other personally identifiable information to send marketing messages and notifications from time-to-time whether or not you created an account with us.

 

We use non-personally identifiable information to monitor the use and performance of the Site so that we can learn more about how people use the Site which helps us improve our products and services and significantly enhance your experience on our Site.

 

Does Forudesigns disclose the information it collects to outside parties?

We will share your personally identifiable information with third parties only in the ways that are described in this Privacy Policy. We do not sell your personally identifiable information to third parties. Generally, Forudesigns does not share personally identifiable information about you with other people or non-affiliated companies without your consent except that:

 

Forudesigns provides information to its agents and trusted service providers and contractors for limited purposes, such as fulfilling customer orders and processing credit card transactions; offering certain products and services; communicating with customers; providing customer service; managing information on our behalf; and enhancing the Site features and functionality. In such cases, we require that these parties agree to use the information solely for the purpose for which we provided it to them and in accordance with our Privacy Policy.

 

If you sign up for a promotion (e.g., a contest or sweepstakes offer) or enroll in a service we offer in partnership with a third party, we may provide information (such as your name, email address, and account activity) to such third parties.

 

Forudesigns provides its sellers with the first name and city/state/country of residence of Forudesigns customers who have purchased such seller's products. Forudesigns may also release information (including your name, addresses, telephone number, and account activity) when we, in our sole discretion believe that such release is necessary or appropriate to:

 

Comply with law;

Comply with subpoenas, warrants, court orders, government investigations, or other legal process;

Enforce or apply the terms of any of our user or license agreements;

Investigate or respond to allegations of fraud, intellectual property infringement, or other unlawful activity

Investigate fraud or similar claims;

Protect the rights, property or safety of Forudesigns, our users, or others.

To protect our operations; or

To permit us to pursue available remedies or limit the damages that we may sustain.

In the event that Forudesigns is acquired by or merges with another company, Forudesigns reserves the right to transfer all information we have collected from our users, in connection with such acquisition or merger. You will be notified via email and/or a prominent notice on our Site of any change in ownership or uses of your personally identifiable information, as well as any choices you may have regarding your personally identifiable information.

 

Forudesigns may disclose non-personally-identifiable information to third parties in aggregate form or to potential business partners and investors.

 

Parents have the right to consent to the collection and use of their child's personal information without also consenting to the disclosure of such information to third parties, as we will not share your child's information with third parties.

 

Advertising

Forudesigns may use third party service providers to place ads on our behalf across the internet and sometimes on the Site. They may collect anonymous information about your visits to our Site, and your interaction with our products and services. They may also use information about your visits to this and other websites to target advertisements for goods and services. This anonymous information is collected through the use of a web beacon, which is industry standard technology used by most major sites. If you would like more information about this practice and to know your choices about not having this anonymous information used by our third party service providers, please contact us at forudesignsteam@gmail.com.

 

In addition, Forudesigns is a dynamic marketplace with a great number of branded products and content. We will offer our users the opportunity to opt-in to receive from our partners emails, notifications of promotions and the like offered by such partners. You have the right to decline to opt-in to take advantage of this service.

 

Social Media Features and Widgets

Our Site includes social media features, such as the Facebook Like button, and widgets, such as the "Share This" button or interactive mini-programs that run on our Site. These features may collect your IP address, which page you are visiting on our Site, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Site. Your interactions with these features are governed by the privacy policy of the company providing it.

 

Facebook Connect or other Open ID provider

You can log in to our Site using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity and provide you the option to share certain personal information with us such as your name and email address to pre-populate our sign up form. Services like Facebook Connect give you the option to post information about your activities on this Site to your profile page to share with others within your network.

 

Does this Privacy Policy apply when I access third party websites?

You may be able to access third party websites directly from the Site. However, this Privacy Policy does not apply when you access third party websites. We cannot control how third parties may use personally identifiable information you disclose to them, so you should carefully review the privacy policy of any third party website you visit before using it or disclosing your personally identifiable information to its provider.

 

What about children's privacy?

Children under the age of 13 are allowed to upload graphics and images and to order products on a parent's account. In addition, in order to generate custom postage, we must collect and record the following information: the date and time of the custom postage order, a unique order ID, the amount of postage ordered in the transaction, and the zip code of the recipient of the custom postage.

 

This information is used to: fulfill the requested order; confirm shipment; complete record keeping including royalty entitlements and other earnings, if any; allow users to comment on our blog or send messages; send monthly newsletters; allow users to upload a photo to their profile that may be publicly available to other users of the Site; advise the child concerning new Forudesigns products, services or policies. If you no longer wish to allow your child to receive monthly newsletters, you or your child may loginto your child's account and uncheck the box, alternatively you or your child may follow the unsubscribe instructions located at the bottom of each newsletter.

 

Parents of children under the age of 13 13 have the option to consent to the collection of this information from their children or not. Such consent will not be used as consent for the dissemination of any of this information and the information will not be released by Forudesigns to third parties without the parents' consent except as may be required by law or upon court order. Personally identifiable information at Forudesigns is kept confidential and is disclosed only with the consent of the Forudesigns user or as set forth in this Privacy Policy. We do not engage in the selling of information regarding the habits, behavior, buying patterns, or demographic information of our users. If you wish to review personal information that was collected from your child, have that personal information deleted or refuse further collection and use of that information, , you may send a request to Forudesigns Customer Support. Contact us by sending an email with 'Parental Notification' in the subject line. Alternatively, you may contact the Forudesigns Child Privacy Representative by phone, email, or letter at:

 

Forudesigns.

Attn: Privacy

NO.9 Chifeng Road,

Quanzhou City,Fujian Province

PR .China, zip code: 362000

forudesignsteam@gmail.com

 

How can I change, delete, or update my information?

Most of your account information can be changed in the "My Account" section of the Site. If you have any questions about what information is stored or would like to obtain a copy of such information, please contact us at forudesignsteam@gmail.com or NO.9 Chifeng Road, Quanzhou City,Fujian Province,PR. China, zip code 362000. After receiving proof of your identity, we will provide the information to you, and you may request that we delete or change any or all of the information. We will respond to your request to access within thirty (30) days.

 

We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

 

Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account.

 

Designer License Agreement

 

The following terms of this Designer License Agreement ("Agreement") apply if you create products with Forudesigns 's ("Forudesigns,""we" or "us") design tools and/or post for sale a Design to be displayed and/or offered for sale on websites, mobile sites or apps owned or operated by or for Forudesigns ("Site"). "Design" means any and all artwork, photographs, sketches, drawings, text, digital images or product specifications that you send to Forudesigns for placement on the Site or on physical or electronic products made by or for Forudesigns ("Products"). Users of the Site who upload Designs for Products are referred to as "Designers." Users of the Site who refer purchasers to the Site are referred to as "Associates."

 

Licenses.

 

By uploading Designs to the Site or creating Designs with Forudesigns's design tools, you grant the following licenses to Forudesigns: the nonexclusive, worldwide, transferable, sublicensable right to use, reproduce, publicly display, sell, and distribute the Design in or on Products and in advertising, marketing, samples, and promotional materials for the purpose of promoting the Site and Products. Without limitation, this promotion, marketing, or advertising may consist of: (i) display of your Products; (ii) promotional "streams" of audio/video/photographic Content on the Website, (iii) Products or Design placement in magazines, television shows, movies, and other media; and (iv) the sale of Products available on the Site through third party product feeds. You also grant us the license and the right to make modifications to your Design as necessary to prepare your Design for use in a particular Product category or for other manufacturing purposes, if you agree that your Design may be used in such category. If you select the "customize" option, you also agree that Forudesigns and visitors to the Site ("Users") may make changes to the Design for the purposes of creating and ordering Products.

 

You may delete or hide your Design from the Site at any time, but due to caching and other technical issues, it may take a number of days for it to be completely removed from the Site. You retain all copyright and other intellectual property rights in your Design. Upon the removal of a Design, the licenses above will terminate, except that Forudesigns will fulfill any orders placed prior to termination and Forudesigns may continue to use your Design in marketing and promotional materials if such materials were created prior to removal of the Design.

 

Tags, Spam and Descriptions.

 

General.

Forudesigns and its community work together to keep the Site and related programs working properly, in a secure manner and for the mutual benefit of the community.

 

At the time you post a Product for sale, you will be asked to provide information (title, description, tags, categories) about your Design so that visitors to the Site can search and find relevant Products. You will make best efforts to provide accurate, non-misleading information about your Designs and you agree not to submit unrelated information in connection with your Design for any purpose. If Forudesigns determines that information is misleading or inaccurate or that it violates the rights of a third party, Forudesigns may delete such information or your Design(s) entirely, in its sole discretion.

 

There are several key pieces of information about your item that Forudesigns uses to help Users find what they are looking for, including but not limited to: titles, tags, attributes and categories. It's very important to accurately label your items. By providing high-quality, accurate information, you help Users find your Products quickly and easily. Inaccurate information can create a frustrating and unproductive shopping experience for everyone in the marketplace.

 

Forudesigns asks that you do not engage in script writing or other unacceptable back door computing practices in an effort to post multiple products for sale.

 

By using the Site, you agree to use the Site and conduct your business in a manner that demonstrates common sense and respect for the rights of Forudesigns, other Designers, Users and third parties and in accordance with applicable laws and regulations.

 

Please report problems, offensive content, and policy violations to us at forudesignsteam@gmail.com.

 

What is prohibited?

Here are some of the basic rules for labeling your products:

 

Only use accurate and relevant terms that describe the specific Product in your listing.

 

if your Product is only appropriate for mature/adult audiences, you must rate it "Rated-R". If it is not appropriate for Children, you must rate it "Rated -PG-13". If your Product is appropriate for everyone, please rate it "Rated-G".

For products with descriptions that include minimum age requirements, you may only publish designs that are consistent with such requirements.

You may use relevant synonyms.

You must not label a Product with related, but inaccurate words.

You may not intentionally misspell your products (unless such misspelling is part of the Design).

You may use a short descriptive phrase as a tag if it accurately describes your item.

You may not stuff multiple words into a single tag that do not comprise a descriptive phrase.

You should only state what the item is, not what the Product may become or potential uses for the Product.

You may not use words that are derogatory

You may not use malicious tags or descriptions.

You may not use copyrighted material.

Tags or attributes that are duplicates are not allowed.

If you are uncertain as to whether a Tag/Description falls into one of the categories listed above, contact our CMT by email at: forudesignsteam@gmail.com.

 

If you do not follow the rules set forth above, Forudesigns may:

Delete the Product(s)

Suspend your Designer account with Forudesigns ("Account").

Terminate your Account.

Withhold any Earnings for Products that contain inappropriate or inaccurate descriptive information.

How does Forudesigns enforce these rules?

Forudesigns may take the following actions to enforce the terms of this Agreement:

 

Send a notification informing you of the offending action, behavior, tag, spam or description and request that you take corrective action immediately.

Make your Product(s) unavailable.

Delete your Product(s).

In the case of certain repeat offenders, we will, in our sole discretion, withhold payment of your Royalties.

In the case of certain repeat offenders, we will suspend and/or terminate your Account.

Additionally, we reserve the right at any time to remove, limit, suspend, terminate our service and User accounts, prohibit access to our sites and their content, services and tools, delay or remove Designs and Products (including websites) from the Site and discontinue our relationship with any Designers that we determine in our sole discretion are in violation of the above-listed guidelines, including but not limited to tags that infringe the intellectual property rights of third parties, or are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable. Any Account posting or hosting objectionable Content or recommending objectionable websites are subject to termination. Also, we reserve the right to remove content that we determine in our sole discretion is primarily intended to promote a Product or service.

 

Payment Terms.For Payment Terms, please see the Forudesigns Terms& Conditions.

 

Ineligible Sales.

 

Forudesigns will not pay you a Royalty for sales of any Products which incorporate a Design that violates this Agreement, the Forudesigns User AgreementTerms and Conditions or any of your representations below. For example, if Forudesigns discovers that one of your Designs infringes someone else's copyright or that you do not have the right to use the Design, Forudesigns reserves the right to reverse all Royalties for such Designs, whether due or already paid.

 

Special Programs

We may make your Designs available to some of our partners in connection with certain special programs and arrangements. In such cases, Your Royalty Rate will not apply. Your participation is voluntary and the terms of the specific program will be announced at the launch of such program and such terms will control the program if you choose to participate

 

You will be given the opportunity to participate in our volume and bulk discount programs. If you choose to do so, different rules which will be launched at the time the volume/bulk discount program is launched will be published and those rules will apply to the program if you choose to participate.

 

Marketing and Promotions.

 

Forudesigns may market, promote, and sell Products on the Site, on other websites, and/or through distributors and wholesale or retail channels. Forudesigns may run promotions (including volume discounts and special sales discounts). Forudesigns is responsible for the cost of promoting the offer and producing and fulfilling the orders, and you acknowledge that your Royalty will be based on the amount of revenue Forudesigns actually receives for the sale of Products.