Please read these Terms carefully before you start to use our Website, as these will apply to your use of our Website. We recommend that you print a copy of this for future reference. By using our Website, you confirm that you accept these Terms and that you agree to comply with them.
If you do not agree to these Terms, you must not use our Website.
OTHER APPLICABLE TERMS
These Terms refer to the following terms (“Additional Terms”), which also apply to your use of our Website:
If you create a user account on our Website (“Account”), our Terms of Services will also apply to the use of our services.
INFORMATION ABOUT US
The Website www.opendesk.cc is operated by Fabbed Limited trading as Opendesk.
“You” or “Your” means any end user accessing, registering and/or using our Website. “We” or “us”, “our” means Fabbed Limited trading as Opendesk. We are a limited company registered in England and Wales under company number 08311674 and have our registered office at Opendesk, Lime Wharf, Vyner St, London, E2 9DJ, UK. Our VAT number is 189924053.
CHANGES TO THESE TERMS
We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
CHANGES TO OUR WEBSITE
We may update our Website from time to time, and may change the content at any time. However, please note that any of the content on our Website may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our Website, or any content on it, will be free from errors or omissions.
ACCESSING OUR WEBSITE
Our Website is made available free of charge.
We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Website.
You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms, the Additional Terms and other applicable terms and conditions, and that they comply with them.
YOUR ACCOUNT AND PASSWORD
If you are provided with an Account (which includes a user identification code, password and other piece of information that is part of our security procedures), you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form.
You are entirely responsible for maintaining the confidentiality of your password. Furthermore, you are entirely responsible for any and all activities that occur under your Account. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your Account or password, either with or without your knowledge.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms or the Additional Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these Terms or the Additional Terms. You may not use the Website in any manner that could damage, disable, overburden, or impair any of our servers, or the network(s) connected to any of our servers, or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website, other users’ accounts, computer systems or networks connected to any of our servers or to the Website, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available to you through the Website.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in our Website, including the domain name www.opendesk.cc and the material published on it, such as text and images are protected by copyright laws and treaties and any other law protecting intellectual property rights and all similar or equivalent rights or forms of protection around the world. All such rights are reserved and you may only use the content of our Website according to these Terms and any Additional Terms that apply to you.
We provide a platform where you can access a global network of makers and furniture design works (“Design Documents”) made by a range of international designers. All designers and manufacturers listed in our Website are registered in the Opendesk network.
After creating an Account on our Website you will be able to:
select the Design Documents of your choice and place an order to the manufacturer of your choice, in which case our Terms of Service will apply to you in addition to these Terms; or
download a Design Document and use it in accordance with the terms of the licence under which it is made available to you. Some Design Documents will be made available for download free of cost. In case you decide to download any Design Document which is made available upon payment of a fee, the Terms of Service will apply to you in addition to these Terms.
Each Design Document displayed on our Website is made available to you under the terms of a licence (the “Licence”), specified on the webpage where you download such Design Document.
You shall not use the Design Document in any way not allowed by the Licence. Any use (including modifying, create derivative works from, or commercialise) of the Design Document which is not in accordance with the relevant Licence is a breach of the author’s intellectual property rights.
Other content on our Website
With the exclusion of the Design Documents, the content of our Website such as text, software, logo, graphic, sound or image (“Content”) is made available to you subject to these Terms and any Additional Terms that apply to you.
You may not copy, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or commercialise any Content obtained from our Website unless and to the extent that these Terms allows you to do so.
You may print off one copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to Content posted on our Website.
You must not modify the paper or digital copies of any Content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of Content on our Website must always be acknowledged.
You must not use any Content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any Content in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
USING OUR COMMUNICATION TOOLS AND UPLOADING MATERIALS TO OUR WEBSITE
Once you create an Account on the Website, we may allow you to use facilities such as e-mail, bulletin board, chat, groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others users (the “Communication Tools”).
You agree to use the Communication Tools only to post, send and receive messages and material that are lawful, proper and, when applicable, related to the particular Communication Tool.
In the event that we have reasons to believe that you are making any illegal and/or unauthorised use of the Website or the Communication Tools, we reserve the right to restrict your access, suspend or cancel your Account or your access to the Communication Tools, if applicable, without prior notice. Illegal and/or unauthorised use of the Website or the Communication Tools includes but is not limited to:
- violating any applicable laws or regulations or promoting any illegal activities;
- violating other users’ privacy;
- acting in a manner that is detrimental to the conduct of our business or which may result in legal liability for you, us or a third party;
- promoting or sending messages or material which contain statements that we consider abusive, defamatory, offensive, racist, harassing, threatening, homophobic, bigoted, or hateful;
- uploading, or otherwise making available, any files that contain design, images, photographs or other material protected by intellectual property rights unless you own or control the rights thereto or have received all necessary consent to do the same;
- using any material or information, including Design Documents, image or photographs, which are made available through the Website or the Communication Tools in any manner that infringes intellectual property rights of any party;
- promoting illegal or unauthorised copy of another person’s intellectual property;
- advertising or offering to sell or buy any goods or services for any business purpose, unless to the extent that the Communication Tools specifically allow you to do so;
- falsifying or deleting any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of Design Documents or other material contained in a file that is uploaded;
- using the Communication Tools in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
We have no obligation to monitor the Communication Tools but we reserve the right to remove any uploaded materials that do not comply with these Terms.
Always use caution when giving out any personal information in any Communication Tools. We do not control or endorse the content, messages or information found in any Communication Tools and, therefore, we disclaim any liability with regard to the Communication Tools and any actions resulting from your participation in such Communication Tools.
We do not claim ownership of any Design Documents or any materials you provide to us or post, upload, input or submit to the Website. If you wish to become one of our registered designers and upload Design Documents that will be made available to users of our Website, we will enter into a licence agreement with you, which will apply to you in addition to these Terms.
In respect of materials which are not Design Documents, as a result of posting, uploading, inputting, providing or submitting such materials on any area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to us an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, copy, transmit, perform, translate, display and distribute such materials and to grant and authorise sublicenses of such materials. In respect of any such dealings by us, you hereby unconditionally and irrevocably waive any moral rights which you may have in the materials you submitted to the Website.
NO WARRANTIES FOR DESIGN WORKS OR CONTENT OF OUR WEBSITE
Although we make reasonable efforts to update the information on our Website and to check the professional references of the designers listed in our network, we make no representations, warranties or guarantees, whether express or implied, that the Design Documents or the Content or any other information contained in the Website is accurate, complete, up-to-date, suitable or technically correct. All such information is provided for free and “as is” without warranty of any kind. In no event we shall be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation, or any indirect or consequential loss or damage arising under or in connection with the use or performance of the Design Documents or the Content or any other information available on our Website.
The Design Documents, Content or other information published on the Website could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. We and/or the designers listed in our network may make improvements and/or changes on the Design Document and the Content at any time.
LIMITATION OF OUR LIABILITY
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Website; or
- use of, inability to use or reliance on any Design Document or Content made available on our Website.
If you are a business user, please note that in particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
Our Website, Design Documents and Content are provided to you for domestic, private and internal use by business only. You agree not to use our Website, Design Documents or Content to further any business or commercial purposes you may have (including for resale or re-distribution purposes).
We shall not be liable for any loss of profit, loss of business, business interruption, or loss of business opportunity arising out of any business or commercial use of our Website, Design Documents or Content by you.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any Content or Design Document on it, or on any Website linked to it.
We assume no responsibility for the content of Websites linked on our Website. Such links should not be interpreted as endorsement by us of those linked Websites. We will not be liable for any loss or damage that may arise from your use of them.
Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any services to you, which will be set out in our Terms of Services.
You acknowledge that our Website, like other internet applications, may be subject to attacks from third parties that may harm you, such as dissemination of computer viruses, spams, and attempts to gain unauthorised access to our systems (“Attacks”). Although we implement security measures designed to protect our systems from Attacks, we do not guarantee the prevention or detection of Attacks to our Website.
You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.
LINKING TO OUR SITE
You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Website in any Website that is not owned by you.
Our Website must not be framed on any other website, nor may you create a link to any part of our Website other than the home page.
We reserve the right to withdraw linking permission without notice.
If you wish to make any use of the content on our Website other than that set out above, please contact us at email@example.com.
THIRD PARTY LINKS AND RESOURCES IN OUR SITE
Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only.
We have no control over the contents of those sites or resources.
These Terms, its subject matter and its formation (and any non-contractual disputes or claims), are governed by English law.
If you are a consumer, you and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with Terms (including any non-contractual disputes or claims). If you are a business, we both agree to the exclusive jurisdiction of the courts of England and Wales to settle any dispute or claim that arises out of or in connection with Terms (including any non-contractual disputes or claims).
To contact us, please email firstname.lastname@example.org.
Thank you for visiting our Website.
© 2016 Fabbed Limited trading as Opendesk. All rights reserved
Last Update: October 2016