DesignFind Terms
Last updated as of June 2024
The DesignFind Site https://designfind.com, operated by ONE LINK SELL INC., contains message boards, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the DesignFind Site.
The User Contributions can be in the form of design files (.xcs), related images (.jpg, .png, .pdf), or any format supported by DesignFind Site.
Any User Contribution you post to the DesignFind Site will be considered non-confidential. By providing any User Contribution, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings.
Section 1 Free License
We do not grant any license to the Users for the User Content. When uploading User Contributions to the DesignFind Site for publication and distribution, the User is required to select a type of License from a set of License Terms including without limitation the Creative Commons License (CCLs) (the "Free Licenses"). Other Users can access and use the User Content per the Free License selected by you. The issue of User Contributions via the DesignFind Site represents a proposal to enter into a license agreement under the selected terms and conditions of the Free Licence selected by the User vis-à-vis other Users. The User acknowledges that the Free Licences are irrevocable after the publication of the User Contributions.
Section 2 Purchase License
Users could purchase licenses from other Users via the DesignFind Site. Users hereby acknowledge that the purchase license of User Contributions will be delivered in digital format and no physical product will be sent.
You will receive this drawing in the following formats:
You are purchasing a vector graphic image or a .xcs file that will be available for digital download.
By purchasing laser-cut files from the DesignFind Site, you are entitled to produce physical objects from these drawings for your personal and commercial use.
Please note that it is PROHIBITED to sell, give away or distribute this digital file or parts of it in any other way. It is forbidden to make changes to the drawing and distribute it digitally.
All items offered on the DesignFind Site are copyrighted by their respective owners. This may be 3rd party designers/creators/developers. We are allowed to issue the work of designers under our license.
Section 3 Content Standards
These content standards apply to any and all User Contributions and use of Services. User Contributions must in their entirety comply with all applicable federal, state, and local laws and regulations. Without limiting the foregoing, User Contributions must not:
A. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
B. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
C. Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
D. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
E. Be likely to deceive any person.
F. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
G. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
H. Impersonate any person or misrepresent your identity or affiliation with any person or organization.
I. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
J. Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Section 4 Storage of User Contributions
While we enable User Contributions to be uploaded to and stored using the DesignFind Site, we are NOT a data storage service provider. We will make reasonable efforts to safeguard and backup User Contributions and to make User Contributions available in case of loss or deletion. However, we do not guarantee to the User that the User Contributions will not be damaged, modified or deleted. We have no responsibility or liability for the deletion, failure to store, or security of any User Contributions, including your User Contributions, and shall not be liable to the User for any damage incurred as a result of the loss of uploaded data including, but not limited to, User Contributions.
We are not obligated to backup any of the User Contributions and the User Contributions may be deleted at any time. The User is solely responsible for creating backup copies of the User Contributions if the User desires.
Section 5 Ownership and Intellectual Property Rights
The User retains any and all IP Rights in the User Contributions that the User may have. We do not claim ownership of the User Contributions. The User is solely responsible for the User Contributions and assumes any and all risks associated with use of the User Contributions, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of the User Contributions by the User that makes the User or any third party personally identifiable.
Unless we state otherwise in writing to the User, the User may not state or imply that the User Contributions is in any way provided, sponsored, or endorsed by us.
By uploading and publishing User Contributions through the DesignFind Site, the User represents and warrants that they have all rights, power, and authority necessary to further distribute, license, and/or sub-license the User Contributions to us and other Users under a Free Licence selected by the User. Because the User alone is responsible for User Contributions, the User may expose themselves to liability, if the User posts or shares User Contributions without all necessary rights.
Section 6 No Warranty
The User understands and agrees that User Contributions is created and/or published by Users of the Services. The User Contributions is in no way inspected, tested, or otherwise quality controlled by us. Hence, we provide no representations, guarantees, warranties, or indemnification as to the User Contributions and any damages resulting from the User’s use of User Contributions published through the DesignFind Site. For example, and without limitation, we provide no representations, guarantees, warranties, or indemnification as to the descriptions and labeling of User Contributions published through the DeignFind Site, or any factual, technical, and formal inaccuracies or errors. We provide no representations, guarantees, warranties, or indemnification as to the quality or flawlessness of the User Contributions and shall not be liable to any User for any damage incurred as a result of using User Contributions published through the DesignFind Site.
Any and all reports concerning defective content, including User Content, may be notified to us using the e-mail address designfind@xtool.com or reported using the "REPORT" button if available for a specific User Content or other User Content.
Section 7 Refund Policy
As all downloads are digital and there are no physical goods, we don’t offer any refunds. We don’t accept returns, exchanges, or cancellations for instant download items. However, if there's any hiccups, please reach out! We're here to help and make your experience wonderful!
If you use our material and the recommended settings to print your design files and it doesn’t come out properly, we’ll issue a full refund.
Questions & Support:
Need help or have questions? Email us at designfind@xtool.com. We're here to ensure your experience is fantastic!
Section 8 Copyright Infringement
8.1 Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the DesignFind Site infringe on your copyright, you may request removal of those materials (or access to them) from the DesignFind Site by submitting written notification to our official email address designfind@xtool.com. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
-Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the DesignFind Site, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the DesignFind Site is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA
8.2 Counter Notification Procedures
If you believe that material you posted on the DesignFind Site was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to our official email address designfind@xtool.com. Pursuant to the DMCA, the Counter Notice must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the DesignFind Site may be found) and that you will accept service from the person (or an agent of that person) who provided the DesignFind Site with the complaint at issue.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the DesignFind Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
8.3 Repeat Infringers
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.