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The following describes the terms under which MyDesignIn, Inc ("MyDesignIn"), offers you access to the content and services at http://mydesignin.com (the "Service") and other services it may make available from time to time (collectively the "Services"). THIS IS A LEGAL AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES. BY DOWNLOADING OR UPLOADING ANY CONTENT FROM OR TO OUR SERVICE, OR OTHERWISE USING THE SERVICES IN ANY MANNER, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU; CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND MYDESIGNIN MAY REFUSE ACCESS TO THE SERVICES FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.

YOU MAY USE THE SERVICES IF YOU ARE AT LEAST 13 YEARS OF AGE. HOWEVER, IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) OR NOT ABLE TO ENTER INTO LEGAL AGREEMENTS UNDER APPLICABLE LAW, YOU MUST HAVE A PARENT OR LEGAL GUARDIAN CAREFULLY READ AND AGREE TO THE TERMS OF THIS AGREEMENT ON YOUR BEHALF.

CONTENT
Your content, including without limitation, any and all content in all forms and media now known or hereafter developed, that you upload to the Services, or otherwise provide to MyDesignIn (collectively "Content") is your sole responsibility. MyDesignIn claims no intellectual property rights in the Content, nor does it bear any responsibility whatsoever for any Content you submit. You can delete Content and modify and/or remove Content at your discretion. All rights not expressly granted to MyDesignIn in this Agreement in Content, are reserved by you.

THE MYDESIGNIN SERVICES
Information Control. MyDesignIn does not control the content provided by other parties, whether by its customers or other users, which is made available through the Services. You must use caution and common sense when using the Services. You understand that by using the Services, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, or content that may be inaccurate, or deceptive. You agree to use the Services at your sole risk and that MyDesignIn shall have no liability to you of any kind for content whether that of MyDesignIn or third parties, that may be found to be offensive, indecent, or objectionable, inaccurate or deceptive, in any manner.

Your Information. As used in this Agreement, the term "Your Information" means any information you provide to MyDesignIn or other users in using the Services, including in any registration process, in any public message area or through any email, messaging, or sharing feature. Your privacy is important to us, and your personal information is considered confidential. MyDesignIn will only use Your Information in the manner detailed in its Privacy Policy, as may be established from time to time (the provisions of which are incorporated and made a part of this Agreement).

You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of MyDesignIn or others, or as otherwise stated in our Privacy Policy.

You are solely responsible for Your Information.

Your Information may not:

(a) be false, inaccurate, misleading or fraudulent;

(b) infringe anyone's copyright, trademark, trade secret, patent or other proprietary rights or rights of publicity or privacy;

(c) violate any law, statute, ordinance or regulation;

(d) be obscene, defamatory, libelous, threatening, abusive or harassing, or encourage any of the foregoing;

(e) promote any commercial product the sale of which you stand to benefit from;

(f) contain any viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, intercept or use any system, data or personal information in an unauthorized way; or

(g) create liability for MyDesignIn or cause it to lose (in whole or in part) the services of its ISPs or other suppliers.

You grant MyDesignIn a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right to exercise the copyright, publicity, and database rights you have in Your Information, in any media now existing or later invented, subject to the MyDesignIn Privacy Policy.

Passwords. Upon registration for the Services, you will choose a login and a password. Only one login per account is permitted. You may not create multiple accounts. With regards to your password, you understand that you are solely responsible for maintaining its confidentiality, and MyDesignIn recommends that you choose one that is at least 8 characters in length and a mix of numbers and letters. You shall be solely and fully responsible for all activities that occur under your account. MyDesignIn shall not be responsible for any loss, claim, or other liability that may arise from the unauthorized use of any password. If a password is lost or stolen, it is your responsibility to notify MyDesignIn so that the missing password can be deactivated and a new one assigned.

GRANT OF RIGHTS
MyDesignIn is a social media community. Therefore, we require that you grant MyDesignIn the appropriate rights to support the sharing and mixing of Content with other users' content. The following license grant covers the communities' sharing and remixing needs.

You grant MyDesignIn a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, license to do the following with Content:

(a) reproduce, use, create derivative works based upon, publish, publicly perform, publicly display, transmit, sell, and/or otherwise exploit Content, and

(b) create derivative works based upon the Content.

The rights under this license apply to MyDesignIn and its affiliates, successors, assigns, end-users, licensees, and sublicensees.

You irrevocably waive any and all "moral rights" that you may have in any Content, including but not limited to the rights of attribution or integrity in relation to any Content, or in any other works or content in which it is incorporated.

You expressly and irrevocably waive any rights to any fees or royalties of any kind (including without limitation public performance and/or mechanical royalties if applicable, and any share of advertising and/or subscription revenue of any kind received by MyDesignIn in connection with the Services or otherwise), for use of Content as set forth in this Agreement.

PROHIBITED USES
Improper Conduct. You agree that you will not: (a) impersonate any other individual, including without limitation another user or an MyDesignIn staff member; (b) engage in harassment of any form, including without limitation through improper language or excessive frequency or size of messages; (c) send messages of any kind to any individual who has stated or in any other way demonstrated that he or she does not wish to receive messages; (d) copy or post any personal messages sent to you via the Services; (e) engage in advertising to, or solicitation of, any other users of the Services to buy or sell any products or services through the Services (f) use the Services for any unlawful purpose; or (g) otherwise use the Services in a deceptive, abusive or otherwise disruptive manner. You are solely responsible for your interactions with other users of the Services. MyDesignIn reserves the right, but has no obligation, to monitor disputes between you and other users.

Copyright Infringement. You agree that you will not use the Services to infringe upon or misappropriate the intellectual property rights, including without limitation the copyrights, of MyDesignIn, its end users, and/or any other party. WITHOUT LIMITING THE PRECEDING SENTENCE, YOU AGREE THAT YOU WILL NOT USE THE SERVICES TO COPY, OR CREATE DERIVATIVE WORKS OF ANY KIND BASED ON, OTHER PARTIES' MATERIALS, OR UPLOAD OR DOWNLOAD ANY SUCH MATERIALS, EXCEPT AS EXPRESSLY PERMITTED HEREUNDER, OR UNLESS YOU HAVE OBTAINED ALL NECESSARY RIGHTS AND LICENSES FROM THE OWNERS OF SUCH MATERIALS. YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO DETERMINE WHICH RIGHTS ARE NECESSARY AND WHO HAS PROPER AUTHORITY TO PROVIDE SUCH RIGHTS. You agree to indemnify, defend and hold harmless MyDesignIn, its affiliates, suppliers, and each of its and their employees, officers, directors, successors, licensees, assigns, and advisors (collectively the "MyDesignIn Parties") from and against any and all claims, damages, demands, or liabilities, including but not limited to attorneys fees and costs arising out of any claim that Your Information, Content, and any other content of any kind that you create using the Services or upload in any way, infringes upon or misappropriates, violates, or infringes any party's personal or proprietary rights of any kind.

Interference and Unauthorized Access. You agree that you will not: (a) attempt to circumvent user authentication or the security of any MyDesignIn account; (b) use any robot, spider, other automatic device, or manual process to monitor or copy MyDesignIn's web pages or the content contained in them; (c) use any device, software or routine to interfere or attempt to interfere with the proper working of the Services; or (d) take any action that imposes an unreasonable or disproportionately large load on MyDesignIn's infrastructure, including without limitation "denial of service attacks."

If you in any way violate any system or interfere with network security you may incur criminal or civil liability. MyDesignIn will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.

PROPRIETARY MATERIALS
The Services contain copyrighted material, trademarks, service marks and other proprietary information, which may include without limitation text, video, software, photographs, graphics, images, music and sound (collectively "Proprietary Material"). You agree not to copy, reproduce, modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material, except as expressly permitted herein, and/or solely for your personal, non-commercial use. Specifically, you may use the Proprietary Material for your personal, non-commercial use, and use the Proprietary Material available through the Services, and/or send such Proprietary Material to your own mobile device, or to third parties for personal use only, subject to your compliance with the terms and conditions of this Agreement. You must retain any copyright or other notices associated with any Proprietary Material used by you. Except as expressly set forth in this Agreement (or as otherwise specifically authorized in writing by MyDesignIn), you may not authorize, encourage or allow the Proprietary Material obtained by you to be reproduced, modified, derivated, displayed, performed, transferred, distributed or otherwise used by anyone else. You agree to advise MyDesignIn promptly if you become aware of any such unauthorized use. Any and all goodwill accruing from the use of trade names, trademarks and service marks (collectively "Marks") hereunder, shall accrue solely to the respective owners of such Marks. ALL RIGHTS NOT EXPRESSLY GRANTED TO YOU IN THIS AGREEMENT ARE RESERVED BY MYDESIGNIN AND ITS LICENSORS.

SUBMISSIONS
You agree that any information submitted by you through any forum provided by MyDesignIn is considered non-confidential and non-proprietary, unless specifically stated otherwise in this Agreement. You represent that you have the lawful right to submit such information and agree that you will not submit any information unless you are legally entitled to do so. Because of the open nature of the Internet, common sense would dictate, and MyDesignIn would recommend, that you not submit any information you consider confidential.

COPYRIGHT INFRINGEMENT CLAIMS PROCEDURE
MyDesignIn is concerned about protecting the copyright and other intellectual property rights of others. You may notify MyDesignIn by providing the following information to our designated agent, as required by 17 U.S.C. sec. 512, if you believe you have a copyright infringement claim resulting from material posted on this Site:


Please provide your notification to our designated agent who may be contacted as follows:
Designated Agent: Ramsay Hoguet
Address: 89 Front Street
Marblehead, MA 01945
Telephone: 781-631-2352
Fax: 781-631-2353
Email: info@MyDesignIn.com

LINKED SITES
MyDesignIn is not affiliated with sites that may be linked to the Services through hypertext ("Linked Sites"). MyDesignIn has no control over, and is not responsible for, the content on any Linked Site. The Linked Sites are for user convenience only and you access them at your own risk.

HARDWARE/SOFTWARE REQUIREMENTS
In order to use the Services, you may be required to have certain hardware and software, which are your sole responsibility. YOU AGREE THAT IN USING THE SERVICES, YOU MAY INCUR ADDITIONAL CHARGES FROM MOBILE DEVICE SERVICE SUPPLIERS AND OTHER TELECOMMUNICATIONS PROVIDERS. Please check with your service suppliers to obtain information on applicable fees.

MyDesignIn may make software from third-party companies available to you. To download such software, you must first agree to the respective software licenses and/or warranties. Each software product is subject to the individual company's terms and conditions, and the agreement will be between you and the respective company. MyDesignIn does not guarantee that any software you download will be free of any contaminating or destructive code, such as viruses, worms or Trojan horses. MyDesignIn does not offer any warranty on any third-party software you download using the Services, and all such third-party software shall be subject to the individual company's applicable warranties and support services, if any.

DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND MYDESIGNIN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE SERVICES INCLUDE A CONCEPTUAL DESIGN PROGRAM. SUCH PROGRAM IS NOT IN ANY WAY INTENDED TO BE USED FOR CONSTRUCTION PURPOSES, AND IS NOT ADEQUATE FOR SUCH USE. ALL SUCH PLANS ARE TO BE USED FOR PLANNING PURPOSES ONLY. WITHOUT LIMITING ANY OTHER DISCLAIMERS CONTAINED HEREIN, MYDESIGNIN EXPRESSLY DISCLAIMS ANY LIABILITY OF ANY KIND RESULTING FROM ANY USE OF THE DESIGN PROGRAM INCLUDED IN THE SERVICES FOR CONSTRUCTION OR ANY OTHER PURPOSE WHATSOEVER.

MYDESIGNIN DOES NOT WARRANT OR GUARANTEE THAT (1) THE SERVICES ARE COMPATIBLE WITH ANY SOFTWARE, INCLUDING WITHOUT LIMITATION INTERNET BROWSER SOFTWARE; (2) THE SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; (3) ALL CONTENT WILL BE ACCURATE, COMPLETE OR UP TO DATE; (4) ANY INFORMATION OR OTHER CONTENT CONTAINED WITHIN THE SERVICES WILL NOT CONTAIN DEFAMATORY OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE; OR (5) THE FUNCTIONS OR SERVICES MYDESIGNIN PERFORMS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT MYDESIGNIN IS NOT RESPONSIBLE FOR THE CONTENT DISTRIBUTED ON OR THROUGH THE SERVICES, AND IT ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF INFORMATION DISTRIBUTED THROUGH THESE SERVICES.

Some states do not allow the disclaimer of implied warranties, so some or all of the above disclaimers may not apply to you.

LIMITATION OF LIABILITY
Regardless of the form of action (whether in contract, tort, breach of warranty or otherwise), and except as otherwise expressly provided herein, IN NO EVENT WILL THE MYDESIGNIN PARTIES (AS DEFINED IN THE COPYRIGHT INFRINGEMENT SECTION ABOVE) BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER WITH RESPECT TO YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR SPECIAL DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, THE MYDESIGNIN PARTIES WILL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT WILL THE DAMAGES OR LIABILITY EXCEED US$50. Some states do not allow the exclusion or limitation of incidental or consequential damages under certain circumstances and the above exclusion or limitation may not apply.

GENERAL TERMS AND CONDITIONS
Termination. Without limiting other remedies, MyDesignIn may without liability and at its sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the Services if: (a) you breach this Agreement or any of the documents it incorporates by reference; (b) MyDesignIn is unable to verify or authenticate any information you provide to it; or (c) MyDesignIn believes that your actions may cause legal liability to any person or entity.

Indemnity. You agree to indemnify and hold each MyDesignIn Party harmless from any claim or demand, and any damages, costs, or expenses arising in connection with such claim or demand, including reasonable attorneys' fees and costs, made by any other party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of another party.

Legal Compliance. You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Services.

Governing Law; Venue. This Agreement and its validity, construction and performance will be governed in all respects by the laws, and in the state and federal courts of the Commonwealth of Massachusetts, without regard to its choice of law provisions. You irrevocably agree to accept the exclusive personal jurisdiction and waive any objections to the venue, of such courts.

Changes and Cancellation. MyDesignIn may at any time, without notice or liability, change or eliminate the Services or the content contained therein, or restrict use of any portion of the Services, including limiting the time of its availability, the amount of use permitted, or the persons who are permitted to use it. MyDesignIn may at any time, in its sole discretion, cancel or suspend the Services for any reason, including without limitation the existence of viruses, bugs, or other causes beyond its control that corrupt the administration, security or proper function of the Services.

Reservation of Rights. MyDesignIn reserves the right to refuse access to the Services for any reason.

Amendment. MyDesignIn may modify and/or amend this Agreement at any time by posting the modified and/or amended terms on the Services, which will become effective immediately when posted. By continuing to use the Services after MyDesignIn posts any amendment, you agree to be bound by the amendment. This Agreement may not be amended other than by an authorized officer of MyDesignIn.

General. This Agreement contains the entire understanding of the parties relating its subject matter and supersedes any prior written or oral agreement or understandings between the parties with respect to its subject matter. The provisions of this Agreement are to be interpreted in a reasonable manner to effect the purpose of the parties, and this agreement is not to be interpreted or construed against MyDesignIn because it participated in the drafting of this Agreement. The invalidity or unenforceability of any provision of this Agreement will not affect the validity or enforceability of any other provision. MyDesignIn may assign or transfer this Agreement, in whole or in part, to any party without notice. All terms and conditions of this Agreement which by their nature are meant to survive the termination of this Agreement will survive termination, including but not limited to the DISCLAIMER OF WARRANTIES, and LIMITATION OF LIABILITY sections.

Updated: September 12, 2009

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