Other Terms & Conditions

Terms and Conditions. Payment Obligations, Renewals, and Cancellations. Graphic/Website Development Payment Obligations: A down payment is required in order to begin development of your website. This is usually an upfront design fee, unless an alternative contract or proposal specifies a different amount.

No Shipping to the following Countries

Belarus, Burundi, Central African Republic, Cuba, Iran, Libya, North Korea, Somalia, Sudan, Syria, Zimbabwe

Payment Obligations, Renewals, and Cancellations

Website Development Payment Obligations: A down payment is required in order to begin development of your website. This is usually 50% of the upfront design fee, unless an alternative contract or proposal specifies a different amount. The outstanding balance on your website is due after the design, navigation and pages have been approved and built. Final payment is due regardless of whether all content for the pages has been sent by the client. This provision is in place to encourage the client to get content submitted promptly so that their site can go live. It also ensures that MYSUPERDESIGNER© gets paid for performing their duty under the proposal, despite tardy content from the client. After payment, MYSUPERDESIGNER© will still post outstanding content AT NO CHARGE for 3 months. In the event an “under construction” page is posted due to missing content, MYSUPERDESIGNER© will post ONE copy of any text/pictures on existing pages only, for up to 3 months after publish date. After the three months have expired, content posted to site will be billable at our current regular hourly rate. In the event that design and navigation changes are requested after they have been specifically approved by the client, these changes will be billable at our current regular hourly rate.
Website Development Cancellation:If site design and development work has already begun (such as creating a design concept), then the down payment is non-refundable. MYSUPERDESIGNER© my elect at its sole discretion to offer a partial refund depending upon the circumstances.

Stock Photography Payment Obligations:Stock photography includes most photos and/or images not provided by the client. Stock photography purchased on behalf of client for use in website development is billable at a minimum of $10 per picture. This amount is separate from the amount quoted for website design and development. Some pictures are more expensive than $10, in which case we will solicit client approval and communicate the price before purchasing.
Description of Ongoing Costs:There are 2 types of ongoing costs: domain registration and hosting.
Domain name registration:This cost recurs annually. Domain name registration gives you exclusive rights to a certain name, such as www.mygroup.org, so that you can use it for your web-based purposes. You are NOT required to register a domain through us, but we strongly PREFER that you do. Many services are not honest in the way they sell names and we spend a lot of time helping people re-secure rights to the name they thought they had already purchased. If you have registered your own name, make sure you have yourself as the Registrant and Administrative Contact with a current, easily accessible email address. This will help to ensure that your domain can be renewed or transferred should the need arise. Domain name registration fees are not refundable.
Hosting:This cost recurs monthly. Hosting places the domain name on a particular server connected to the web, which allows you to post a website for viewing through a browser. You are NOT required to host through us, but we strongly PREFER that you do. Hosting comes our Design Packages with domain-based emails, bandwidth, storage space, database and security tools, and other features. Projects that involve custom programming must be hosted with MYSUPERDESIGNER© to ensure the programs that we write will work. If you want to host your site on another server this must be disclosed before we begin programming.

Hosting Renewal Payment Obligations: Your hosting account will be automatically renewed under the same time and fee structure unless you give written notice to MYSUPERDESIGNER© fifteen (15) days before the renewal date that you do not wish to renew the account.
Hosting Cancellation Payment Obligations: You may cancel at anytime. If you cancel before the first 30 days from the opening of your account, please refer to the details under “Limited 30-day Money Back Guarantee.” If you cancel after the first 30 days, you will be obligated to pay all fees and charges accrued prior to the effective date of the cancellation. MYSUPERDESIGNER© will refund the prepaid fees for basic hosting for the full months remaining after effective date of the cancellation, less any prior fees and charges, and an early cancellation fee of $25. Accounts that are terminated by MYSUPERDESIGNER© for abuse or violations of internet standards or these terms and conditions will not receive any refund. All cancellations must be received in writing according to the deadlines indicated: regular mail and e-mail are acceptable. Phone requests will not constitute acceptance of any cancellation. Refunds will be issued back to you within 10 business days from your cancellation date.

Hosting Transfer Payment Obligations: If you wish to transfer your hosting to another provider MYSUPERDESIGNER© can, upon request, download your site onto a CD and mail it to you. The cost for this service $50 per copy. FTP access to your site is not available for transfer purposes.
Limited 30-day Money Back Guarantee on Hosting: If you are not completely satisfied with our services within the first 30 days from the opening of the account, you will be given a refund on your hosting fee excluding setup fees and time accrued from setup date. If paid by credit card, refunds will be issued to the original credit card provided at the time of purchase. If your account has been cancelled by us due to a breach of the terms and conditions on your part, you will not be eligible for a refund. Domain name registration is non-refundable.

Sites NOT Hosted by MYSUPERDESIGNER©: Should client decide to host their site on another server, MYSUPERDESIGNER© cannot guarantee the all elements of the site will work. MYSUPERDESIGNER© will make a reasonable effort to research the problem on the foreign platform to let the client know what we think the problem is. However, we cannot take responsibility for problems caused by or on another hosting server, including but not limited to email, FTP, SSL, database, server software, and site security issues. If MYSUPERDESIGNER© believes it will take a significant amount of time to fix the problem, we will advise the client before proceeding. In most cases, fixing problems on a foreign hosting server is billable.
Website Maintenance:There are additional maintenance fees other than domain registration and hosting. Most people do some work on their site every year, for which we offer several plans. We can make certain parts of the site updatable by you by implementing a custom Content Management System, or installing a blog. For work we do on the site after going live, we charge on an hourly basis. If you expect that maintenance will be a regular occurrence, you can buy a prepaid maintenance contract that affords a discounted hourly rate. If need be, we can customize a maintenance plan for your particular needs.
Website Maintenance Payment Obligations:Depending upon the nature of the website changes, prepayment may be required. Should the client be invoiced after the changes are completed, the invoice is due upon receipt. If payment is not received within 30 days, the maintenance changes may be taken down until payment is received. After 60 days, there may also be a $35 reposting fee added to the outstanding maintenance invoice balance.

Development Process

Homepage Design– Once the site design is approved by the client, usually via email consent, the design is considered ready for implementation. Should the client wish to make changes to a design they have approved, those changes are billable at our standard hourly rate.
Navigation– Once site outline/map is approved by the client, usually via email consent, the site navigation is considered ready for implementation. Combined with the approved graphic design, this becomes the site structure. Once we build this structure per client approval, any subsequent changes are billable at our standard hourly rate.
Content– Provision of content is customer’s responsibility, unless specifically negotiated ahead of time as part of the project proposal.
Text content– Copy for all website pages and links needs to be delivered digitally and should be carefully proof-read by the client. Two rounds of revisions will be provided free of charge. Subsequent revisions will be billable at our regular hourly rate.

Copy development – Should client wish MYSUPERDESIGNER© to develop content for the site, website copy is billable at our regular hourly rate. Development of copy is accomplished via MYSUPERDESIGNER© Web Development interviewing the client about the topic areas to be addressed on their web pages. MYSUPERDESIGNER© then composes appropriate copy, submits to the client for review, edit, and approval. Approved copy is then posted to the web pages.
Graphical content– Images outside of the website design must be provided in digital form or in a form that can be easily scanned, unless otherwise provided for in customer’s contract. Subsequent revisions will be billable at our regular hourly rate.

Database Implementation– Entry of data for database applications is considered client’s responsibility. Entry of data by MYSUPERDESIGNER© is billable, unless otherwise provided for in customer’s contract.
Email– We offer free domain-based email accounts to our clients as part of any hosting contract. If site is not hosted by MYSUPERDESIGNER©, we take no responsibility for setting up and troubleshooting email problems.
Training– For websites with administrative control panels or content management systems, two (2) one-hour training sessions will be provided.
Technical Support –We offer local and long-distance phone support to our clients. We do not normally bill for technical support depending on the source of the problem, its severity, and our time invested. If MYSUPERDESIGNER© is not the source of the problem, technical support may be billable.
Training and Tutorials

Because customer service is in integral part of our business strategy, all of our projects include a one-time complimentary training session in order for our clients to better make use of their new web technology. Additional training hours can be purchased at our standard hourly rate or applied against your existing maintenance contract.

Domain Transfers and DNS Management

For domains not originally registered with MYSUPERDESIGNER©, there will be a $25 fee to either transfer to the domain into our registration platform, or to transfer-out to another registrar. If your domain is not registered with MYSUPERDESIGNER©, DNS management and troubleshooting tasks are billable at our hourly rate.

Websites with Proprietary Source Code

Should client contract with MYSUPERDESIGNER© to write custom code for a website application, this code is not transferable to a new developer or host. Custom written source code is considered the property of MYSUPERDESIGNER© Web Development and cannot be shared with other developers. Clients are granted a license to use custom software code while on MYSUPERDESIGNER© servers only. MYSUPERDESIGNER© Web Development retains ownership of the code.

In some cases, MYSUPERDESIGNER© will install software for the client’s use that has been built by a third party. Examples include WordPress blog software, FCK editor software, shopping carts, photo galleries, etc. In these instances, clients will be subject to the terms and conditions of the third party who owns the software, and may use the software as a licensee only. No ownership rights of any kind are transferred to the client.

Access to or transfer of proprietary source code could result in a security risk to MYSUPERDESIGNER© and its clients who are running similar pieces of code. In order to provide custom software development services, clients give us access to private and/or sensitive information, trade secrets, proprietary pricing and business methods. If clients believed that we may be sharing this information with outside developers, they could lose faith that we are protecting their proprietary information. Therefore, neither access nor transfer of any code built for any purpose that is unique and not commonly and publicly available can be granted. Should client want us to build software to run on another server, it must be disclosed upfront and specifically contracted for.

Website components that ARE transferable to another host include html code, graphics, logos, pictures, navigation, text, and the data residing within a database (but not the code). Hourly fees will apply for any special work that needs to be done to transfer those parts of website that do not violate the other paragraphs in this section.

Non-Domain-Based Troubleshooting

MYSUPERDESIGNER© Web Development maintains and troubleshoots the websites we develop for our clients, as well as any domain-based email accounts of those websites. We do NOT assume responsibility for upkeep or provide non-billable troubleshooting on our clients’ ISPs (Internet Service Providers), ISP-based email accounts (name@charter.net, name@3rivers.net, etc), your home or office internet connections, or any other non-domain-based issues outside MYSUPERDESIGNER© Web Development’s realm of service. Provision of non-domain-based troubleshooting services will be billable at our normal hourly rate.

1.GENERAL
1.1 Scope. Welcome to MYSUPERDESIGNER.com. This Terms & Conditions (“Agreement” or “Terms”) is a contract between you and ZOETOP Business Co., Limited (collectively, “MYSUPERDESIGNER,” “we”, “us” or “our”), governing your use of our website at MYSUPERDESIGNER.com (the “Site”), any mobile applications (“Apps”) that hyperlink to this Agreement, or any other websites, pages, features, or content owned and operated by us that hyperlink to this Agreement (collectively, including the Site and Apps, the “Services”). Please note that all payments on the us.MYSUPERDESIGNER.com website are processed by Fashion Direct Corp., a U.S. corporation.
By accessing or using the Services in any manner, including, but not limited to, visiting or browsing the Site, downloading the mobile applications, registering an account, or contributing content or other materials to the Site or on or via the Apps, you expressly understand, acknowledge and agree to be bound by the Terms of Use. You are only authorized to use the Services if you agree to abide by all applicable laws and to these Terms.
In addition, you may read our Privacy & Cookie Policy at any time for more information about how MYSUPERDESIGNER collects, stores, and protects your information when you use the Services. Our Privacy & Cookie Policy is hereby incorporated by reference into these Terms & Conditions as though fully set forth herein.
1.2 Updates to the Terms. We reserve the right to modify the Terms of Use, including the Privacy & Cookie Policy, at any time, in our sole discretion. If we modify material terms to this Agreement, such modification will be effective after we send you notice of the amended agreement. Such notice will be in our sole discretion, and the manner of the notification may include, for example, via email, posted notice on the Site or Apps, or other manner.
Your failure to cease use of the Services after receiving notification of the modification will constitute your acceptance of the modified terms.
1.3 Acceptance of Terms. To shop with us, you need to be at least 16 years old. Any accessing, browsing, or otherwise using the Services indicates your agreement to all the terms and conditions in this Agreement. If you disagree with any part of the Terms then you should immediately discontinue access or use of the Services. Please read this Agreement carefully before proceeding.
If you have any questions regarding these Terms & Conditions or our Privacy & Cookie Policy, you may contact us anytime at our Customer Service Platform .
2.USE OF OUR SERVICES
2.1 Representations. When you use our Services, you agree to the processing of the information and details and you state that all information and details provided are true and correspond to reality. You represent and warrant that you are at least 16 years old or visiting the Services under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, MYSUPERDESIGNER hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the Services by displaying it on your internet browser, for our Site, or on your mobile devices, for our Apps, only for the purpose of shopping for personal items sold on the Site or Apps and not for any commercial use or use on behalf of any third party, except as explicitly permitted by MYSUPERDESIGNER in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
2.2 Limitations on Use. Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit the Services or any portion of them unless expressly permitted by MYSUPERDESIGNER in writing. You may not make any commercial use of any of the information provided on the Services or make any use of the Services for the benefit of another business unless explicitly permitted by MYSUPERDESIGNER in advance. MYSUPERDESIGNER reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
You shall not upload to, distribute, or otherwise publish through the Services any content, information, or other material that: (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under local or international law; or (c) includes any bugs, logic bombs, viruses, worms, trap doors, Trojan horses or other code, material or properties which are malicious or technologically harmful. MYSUPERDESIGNER may assign you a password and account identification to enable you to access and use certain portions of the Services.
Additionally, you agree not to:
• Use the Services for any unlawful purposes, or that could violate any applicable federal, state, local, or international law or regulation;
• To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or other persons using the Services or expose them to liability;
• Use the Services in any manner that could disable, overburden, damage, or impair the Site or Apps or any other party’s use of the Services;
• Use any robot, spider or other automated device, process, or means to access the Service for any purpose;
• Use the Services to distribute unsolicited promotional or commercial content, or solicit other persons using the Services for commercial purposes;
• Otherwise attempt to interfere with the proper working of the Service.
2.3 Account Creation and Termination. In order to access some features available on the Services, you will have to create an account. You may not use another person’s account. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site or Apps in a manner consistent with the terms and conditions of this Agreement, and MYSUPERDESIGNER has no obligation to investigate the authorization or source of any such access or use of the Services.
You will be solely responsible for all access to and use of the Services by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including without limitation, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify MYSUPERDESIGNER of any unauthorized use of your password or identification or any other breach or threatened breach of the Site or App’s security.
From time to time, we may restrict access to some or all parts of the Services, including the ability to upload documents, make payments, or send messages
From time to time, we may restrict access to some or all parts of the Services, including the ability to upload documents, make payments, or send messages
We may terminate your access to the Services at any time, in our sole discretion, without cause or notice, or if we believe you have breached these Terms. You may terminate your account at any time, for any reason, by following any such instructions within the Site or App, or by contacting us as described in the “Contact Us” section below.
2.4 Customs. In accordance with Customs regulations customers must provide valid and accurate data. All consignee names, address and payers name should be valid. Certain countries request that the consignee submit their ID or passport to clear the package or for payment verification purposes. It is the customer’s sole responsibility for the accuracy of data that they provide to us. Should any information be incorrect and prevent any shipment or deliveries or customs clearance, we will not be held responsible and will not offer any compensation in such cases. As the importer, customers are responsible for complying with all laws and regulations in their own countries. Please refer to our Privacy & Cookie Policy for more information.
3.PRIVACY & COOKIE POLICY
When you use our Services and place orders through them, you agree to provide us with your email address, postal address and/or other contact details truthfully and exactly. You also agree that we may use this information to contact you in the context of your order if necessary
We respect your right to privacy. To see how we collect and use your personal information, including how to unsubscribe from non-transactional communications from us, please see our Privacy & Cookie Policy .
4.ERRORS
In case you detect that an error occurred when entering your personal data during your registration as a user of our Services, you can modify them in the section “My Account”. In any case, you will be able to correct errors related to the personal data provided during the purchase process by contacting us, as well as exercising the right of rectification contemplated in our Privacy & Cookie Policy through our Site and Apps. The Services display confirmation boxes in various sections of the purchase process that do not allow the order to continue if the information in these sections has not been correctly provided. Also, the Services offer details of all the items you have added to your shopping cart during the purchase process, so that before making the payment, you can modify the details of your order.
If you detect an error in your order after the completion of the payment process, you should immediately contact our customer service or email address above to correct the error.
While MYSUPERDESIGNER strives to provide accurate product and pricing information, pricing or typographical errors may occur. MYSUPERDESIGNER cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, MYSUPERDESIGNER shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mis-priced, we may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
5.TRADE RULES
5.1 Price and Payment. All prices are exclusive of Sales & Use Tax and other taxes (where applicable) which will be charged to you separately at the applicable rate. All prices are correct at the time of entering the information on to the system. If for some reason we are unable to ship your goods, the value of the items that are not shipped will be refunded to your wallet in your MYSUPERDESIGNER Account or to the original method of payment.
All prices are exclusive of delivery charges. The total cost of the order is the price of the products ordered and the delivery charge plus Sales & Use Tax and other applicable taxes.
Prices may change at any time, but (other than as set out above) changes shall not affect the orders for which we have sent an Order Confirmation.
Once you have selected all articles that you wish to buy, they will be added to your basket. The next step will be to process the order and make the payment. To that end, you must follow the steps of the purchase process, indicating or verifying the information requested in each step. Furthermore, throughout the purchase process, before payment, you can modify the details of your order. You are provided with a detailed description of the purchase process in the Shopping Guide. Also, if you are a registered user, a record of all the orders placed by you is available in “My Account” area. You may use, as payment method, the following cards: Visa, Mastercard, American Express, Union Pay, Paypal and online banking etc.
To minimize the risk of non-authorised access, your credit card details will be encrypted. Once we receive your order, we request a pre-authorisation on your card to ensure that there are sufficient funds to complete the transaction. The charge on your card will be made at the time your order leaves our warehouse.
When you click “Authorise Payment”, you are confirming that the credit card is yours. Credit cards are subject to verification and authorisation by the card issuing entity. If the entity does not authorise the payment, we shall not be liable for any delay or failure to deliver and we will be unable to conclude any contract with you.
5.2 Colors. We have made every effort to display, as accurately as possible, the colors of our products that appear on the Services. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.
5.3 Packing. Unless otherwise provided, we will comply only with its minimum packing standards for the method of transportation selected. The cost of all special packing, loading or bracing requested by you will be paid for by you.
5.4 Shipping & Delivery. MYSUPERDESIGNER ships from different warehouses in different countries. For orders with more than one item, we may split your order into several packages according to stock levels at our own discretion. We aim to deliver orders as quickly as possible. However, sometimes during busy sale periods, deliveries may take longer. If you have not received your delivery within 180 business days, please contact our Customer Services Platform .
5.5 Title and risk of loss. Delivery to carrier shall constitute delivery to Buyer, and thereafter risk of loss or damage shall pass to Buyer. Any claim of Buyer relative to damage during shipping or delivery should be made directly to the carrier. Any claims by Buyer against MYSUPERDESIGNER for shortage or damage occurring prior to such delivery to carrier must be made within five (5) days after receipt of the goods and accompanied by original transportation bill signed by carrier noting that carrier received the goods from MYSUPERDESIGNER in the condition claimed. Notwithstanding passage of the risk of loss to Buyer, title and right of possession to the goods sold hereunder shall remain with MYSUPERDESIGNER until all payments hereunder, including deterred payments evidenced by notes or otherwise, Interest, carrying charges, shall have been made in cash, and Buyer agrees to do all acts necessary to perfect and maintain such right and title in MYSUPERDESIGNER.
5.7 Reviews, Comments and Submissions. Except as otherwise provided elsewhere in this Agreement or on the Services, anything that you submit or post to the Services and/or provide to MYSUPERDESIGNER.com, including, without limitation, picture, video, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and by submitting or posting, you agree to irrevocably license the entry and all IP rights related thereto (excluding the moral rights such as authorship right) to MYSUPERDESIGNER without charge and MYSUPERDESIGNER 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 the sole and exclusive property of MYSUPERDESIGNER and shall not be returned to you and you agree not to raise any dispute in connection with any use of the entry by MYSUPERDESIGNER in the future.
You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or third party claims. MYSUPERDESIGNER assumes no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defense for and indemnify MYSUPERDESIGNER against any losses caused due to the use of the entries for any purposes.
In addition to the rights applicable to any Submission, when you post comments or reviews to the Site or Apps, you also grant MYSUPERDESIGNER 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 MYSUPERDESIGNER 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 MYSUPERDESIGNER or third parties as to the origin of any Submissions or content. MYSUPERDESIGNER may but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.
Please note that individuals under the age of 18 are prohibited from posting images to our Services of themselves or others who are under the age of 18.
6.INTELLECTUAL PROPERTY AND OWNERSHIP
6.1 Content. The Site and Apps, including all of its information and content, such as the text, software, scripts, graphics, photos, sounds, music, videos, and interactive features (collectively, “Content”) provided as part of the Services belong at all times to MYSUPERDESIGNER or to those who grant us the license for their use. You may use the Content only to the extent that we or the usage licensers authorize expressly.
6.2 Rights Reserved. Content on the Services is provided to you as is for your information only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of MYSUPERDESIGNER or the respective owners or licensors. We reserve all rights not expressly granted in and to the Content. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services, provided by you to us are non-confidential and shall become the sole property of MYSUPERDESIGNER.
You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein. You agree not to circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the website or the Content therein.
7.THIRD PARTY LINKS AND RESOURCES
Our Site and Apps may contain links to third-party sites that are not owned or controlled by us.
We have no control over, assume no responsibility for, and do not endorse or verify the content, privacy policies, or practices of any third-party sites or services. We make no warranties or representations about the accuracy, completeness, or timeliness of any content posted on the Site or our Apps by anyone other than us. We strongly advise you to read all third-party terms and conditions and privacy policies.
8.TEXT MESSAGING PROGRAM
8.1 Enrollment. If you enroll in our text messaging (SMS) program, you will be asked to consent expressly — evidenced by provision of your mobile telephone number, specified prompted key word(s), or SMS/MMS or other text message affirmative response, as your signature to agree to receive recurring automated marketing messages where such messages may be sent by us or our vendors to the mobile number you provided at opt-in. Such consent is not a condition of making any purchase.
General Terms & Disputes. Without limitation our text messaging program is subject to these complete Terms of Service, which contain provisions that govern how claims you have are resolved (see Legal Disputes and Arbitration Agreement Section below), including an obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with the Arbitration Section below.
8.2 Opting Out. You can opt out from receiving SMS/MMS text messages by responding STOP to any message you receive in our text messaging program, or just texting STOP to the number from which you currently are receiving our text messages. In either case, you will receive one additional message confirming that your request has been processed.
8.3 Your Own Wireless Plan. As always, message and data rates may apply for any messages sent to and by you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
8.4 Your Duties for Your Own Phone Number. You represent that you are the account holder or customary user for the mobile telephone number that you provide when enrolling in our text messaging program. If you change or deactivate that number, you are responsible for notifying us at data@MYSUPERDESIGNER.com immediately. Neither we, our vendors, and/or any mobile carrier is liable for delayed or undelivered messages. You agree to indemnify us in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
8.5 Participation Subject to Termination or Change. We may suspend or terminate your receipt of automated marketing messages from us if we believe you are in breach of these Terms. Your receipt of these messages is also subject to termination in the event that your mobile telephone service terminates or lapses. We reserve the right to modify or discontinue, temporarily or permanently, all or any part of these messages, with or without notice to you.
9.EVENTS BEYOND OUR CONTROL
We will not be liable for any non-compliance or delay in compliance with any of the obligations we assume under the Terms or other contracts when caused by events that are beyond our reasonable control (“Force Majeure”). Force Majeure shall include any act, event, failure to exercise, omission or accident that is beyond our reasonable control, including, among others, the following:
• Strike, lockout or other forms of protest.
• Civil unrest, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparation for war.
• Fire, explosion, storm, flood, earthquake, collapse, epidemic or any other natural disaster.
• Inability to use trains, ships, aircraft, motorized transport or other means of transport, public or private.
• Inability to use public or private telecommunication systems.
• Acts, decrees, legislation, regulations or restrictions of any government or public authority.
• Strike, failure or accident in maritime or river transport, postal transport or any other type of transport.
It shall be understood that our obligations deriving from the Terms or other contracts are suspended during the period in which Force Majeure remains in effect and we will be given an extension of the period in which to fulfil these obligations by an amount of time equal to the time that the situation of Force Majeure lasted. We will provide all reasonable resources to end the situation of Force Majeure or to find a solution that enables us to fulfil our obligations by virtue of the Terms or other contracts despite the situation of Force Majeure.
10.LIABILITY FOR PURCHASED PRODUCTS, WAIVER, AND STATUTORY CONSUMER RIGHTS
10.1 MYSUPERDESIGNER Liability. Unless otherwise indicated expressly in these Conditions, our liability regarding any product acquired on our website shall be limited strictly to the price of purchase of said product. Notwithstanding the above, our liability shall not be waived nor limited in the following cases:
• in case of death or personal harm caused by our negligence;
• in case of fraud or fraudulent deceit; or
• in any case in which it was illegal or illicit to exclude, limit or attempt to exclude or limit our liability.
10.2 Waiver of Liability. Notwithstanding the paragraph above, and to the extent legally allowed, and unless these Terms indicate otherwise, we shall not accept any liability for the following losses, regardless of their origin:
• loss of income or sales;
• operating loss;
• loss of profits or contracts;
• loss of forecast savings;
• loss of data; and
• loss of business or management time.
10.3 Warranties. Due to the open nature of the Services and the possibility of errors in storage and transmission of digital information, we do not warrant the accuracy and security of the information transmitted or obtained by means of the Services, unless otherwise indicated expressly on the Services. All product descriptions, information and materials shown on the Services are provided “as is”, with no express or implied warranties or conditions of the same, except those legally established. In this sense, if you are contracting as a consumer or user, we are obliged to deliver goods that are in conformity with the mutually intended transaction, in accordance with commercial reasonable expectations, being liable to you for any lack of conformity which exists at the time of delivery. It is understood that the goods are in conformity with the transaction or intended purchase if they: (i) comply with the description given by us and possess the qualities that we have presented in this website; (ii) are fit for the purposes for which goods of this kind are normally used; (iii) show the quality and performance which are normal in goods of the same type and which can reasonably be expected To the extent permitted by law, we exclude all warranties and conditions (whether express or implied), except those that may not be excluded legitimately.
11.LIMITATION OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF MYSUPERDESIGNER TO YOU.
• (1)BY USING THE SERVICES PROVIDED BY MYSUPERDESIGNER, YOU HEREBY ACKNOWLEDGE THAT WE ARE PROVIDING THE SERVICES, INCLUDING THE SITE AND MOBILE APPS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MYSUPERDESIGNER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY, COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
• (2)WE MAKE NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIM ALL LIABILITY FOR: (1) PRODUCTS, SERVICES, INFORMATION, PROGRAMMING, AND/OR ANYTHING ELSE PROVIDED BY A THIRD PARTY THAT IS ACCESSIBLE TO YOU THROUGH THE SERVICES; OR (2) THE QUALITY OR CONDUCT OF ANY THIRD PARTY YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICES.
• (3)YOU AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYSUPERDESIGNER WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYSUPERDESIGNER ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF FORESEEABLE) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES.
• (4)YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO CEASE USE OF THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. AS A RESULT, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.

 



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