Thank you for visiting www.tastemaker.com (the “Website”), which is owned and provided by Tastemaker, Inc., (“Tastemaker” or “Us”).
1. Description of Service
The Website provides an online marketplace where individual users (“Users” or “You”) who are either professional interior designers (“Designers”) or customers looking to hire a Designer (“Buyers”) can connect in connection with specific design projects requested by the Customer (“Projects”). Buyers submit requests, including as much detail as possible to describe the Project, and we match the request with the most compatible Designers. Once a Buyer selects a Designer, the Buyer and the Designer work together directly to complete the Project and provide a finished design (the “Design”). Although Tastemaker may provide a Tastemaker design associate (“Associate”) to complete certain preliminary services, such as measuring the work site, Tastemaker does not provide design services. If your Project requires you to meet a Designer or Buyer in person, you should always be sensible and exercise caution to protect your personal safety and property. By using the Website, either as a Buyer or a Designer, you are agreeing to release, defend, hold harmless, and defend Tastemaker free from any liability or damage that might arise out of the transaction between you and the applicable Designer or Buyer. TASTEMAKER IS NOT, AND SHALL NOT BE,RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY BUYER, DESIGNER, OR OTHER USER OF THE WEBSITE OR FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE WEBISTE OR ANY DESIGN.
2. Member Accounts
3. Your Use of The Website
4. Intellectual Property Ownership
(a) All text, content, documents, names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing in the Website, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works on the Website, including images of past Designs (as defined below) (the “Materials”) are owned by Tastemaker and its affiliates or used with permission or under license from a third party Designer or licensor (each an “Owner”) and are protected under copyright, trademark and other intellectual property and proprietary rights laws. As between Tastemaker and you, all right, title and interest in and to the Materials will at all times remain with Tastemaker and/or its Owners. The word “Tastemaker,” the Tastemaker logo, and other marks, logos and titles are registered and/or common law trade names, trademarks or service marks of Tastemaker. All Content is the sole responsibility of the user who provided it and is stored upon Tastemaker’s servers and/or system solely at the direction of such user. Please see the Digital Millennium Copyright Act section below for more details. Tastemaker reserves all other rights. Except as expressly provided herein, nothing on the website shall be construed as conferring any license under Tastemaker’s and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, Tastemaker may revoke any of the foregoing rights and/or your access to the Website, or any part thereof, including the blocking of your IP Address, at any time without prior notice.
(b) If you are a Designer using this Website, you retain ownership of your Design, subject to: (i) the license that you grant to each Buyer to whom you supply the Design for the Project; and (ii) the a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, fully paid-up, perpetual, irrevocable right and license that you hereby grant to Tastemaker to use, reproduce, distribute (through multiple tiers), create derivative works of, and publicly display and perform (publicly or otherwise) your Content, solely in connection with the Website (including without limitation for purposes of promoting the Website and past Design provided via the Website). You represent, warrant and covenant that (x) you own or otherwise possess all necessary rights with respect to your Designs, and (y) your Designs do not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary right of any third party, and are not unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable.
(c) If you are a Buyer, you acknowledge and agree that upon payment of the agreed upon fee between you and the Designer, you are receiving a perpetual, paid-up right and license to use the Design for the specific Project. You agree that ownership of the Designs remains with the applicable Designer and that you are only permitted to use the Design for the specified Project.
(d) Whether you are a Buyer or a Designer, by using the Website, you hereby grant Tastemaker and its designees a worldwide, non-exclusive, royalty-free, fully paid-up, perpetual right and license to use your name, image, voice, biographical information, and likeness (your “Image”), solely in connection with the Website (including without limitation for the purposes of promoting the Website), provided, however, Tastemaker shall not use your Image in any manner which implies (directly or indirectly) endorsement, sponsorship, approval or recommendation by you of the Website or Tastemaker.
5. Limited Use; Restrictions On Use
6. Acceptable Use
Your use of the Website is conditioned upon your compliance with the following rules (“Acceptable Use Restrictions”):
(a) You shall not upload to, transmit through, or display via the Website or as part of any Design any Content that: (i) contains confidential, proprietary, or trade secret information of any third party; (ii) would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, material that depicts child-pornography, acts of violence, or drug use; or (iii) impersonates any person or entity, falsely states or otherwise misrepresents your affiliation with any person or entity.
(b) Tastemaker does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Tastemaker expressly disclaims any and all liability in connection with User
(c) Tastemaker does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and Tastemaker reserves the right to remove Content without prior notice and/or to terminate a User's access to the Website, if the User has been notified of infringing activity and has had Content removed from the Website more than twice. Tastemaker also reserves the right to decide whether Content is appropriate and complies with these Acceptable Use Restrictions at any time, without prior notice and at its sole discretion.
8. Submitted Ideas
Tastemaker does not want and cannot accept any ideas or information you consider confidential and/or proprietary. Except as described in these Terms with respect to your personally identifiable information, payment information or Designs, all other comments, suggestions, ideas, notes, drawings, concepts, or other information disclosed or offered to us by you through the Website are non-confidential and non-proprietary. Further, you understand and acknowledge that Tastemaker employs both internal and external resources which may have developed or may in the future develop ideas identical to or similar to your suggestions or comments to suggestions and that Tastemaker is only willing to consider the suggestion on these terms.
10. Digital Millennium Copyright Act
Tastemaker is committed to respecting and protecting the legal rights of copyright owners. As such, Tastemaker adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If you believe any of the Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to Tastemaker’s designated agent, (“Copyright Agent”), as set forth below, and (ii) include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Tastemaker’s Copyright Agent to receive DMCA Takedown Notices is: email@example.com
Attn: Tastemaker.com Copyright Agent
580 Howard St, Suite 380
San Francisco, CA 94105
11. United States Only
WITHOUT LIMITING THE FOREGOING, THE WEBSITE, MATERIALS, AND ALL DESIGNS ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND WITH RESPECT TO THE WEBSITE, MATERIALS, AND ALL DESIGNS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN TASTEMAKER HEREBY GRANTS THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TASTEMAKER, ITS EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION. ADDITIONALLY, TASTEMAKER DOES NOT MAKE ANY WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE WEBSITE OR ANY DESIGN WILL MEET YOUR EXPECTATIONS, OR THAT THE WEBSITE, MATERIALS, AND ALL DESIGNS, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. TASTEMAKER RESERVES THE RIGHT TO CHANGE ANY PART OF THE WEBSITE AT ANYTIME WITHOUT NOTICE.
13. Limitation of Liability
YOUR USE OF THE WEBSITE, MATERIALS, AND ALL DESIGNS IS AT YOUR OWN RISK. NEITHER TASTEMAKER, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE, MATERIALS, AND ALL DESIGNS OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF THE WEBSITE, MATERIALS, AND ALL DESIGNS, OR ANY OTHER INFORMATION AVAILABLE ON THE WEBSITE, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE. THE FOREGOING SHALL APPLY EVEN IF TASTEMAKER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE WEBSITE, MATERIALS, AND ALL DESIGNS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE WEBSITE AND ITS SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST TASTEMAKER ARISING OUT OF YOUR USE OF THE WEBSITE, MATERIALS, AND ALL DESIGNS. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF TASTEMAKER AND ITS AFFILIATES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.) THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.
15. No Archive
Notwithstanding anything contained herein, the functionality provided to you by the Website and the Tastemaker’s systems, networks and servers are not an archive and Tastemaker shall have no liability to you or any other person for loss, damage, or destruction to your Content or any other information submitted to or via the Website. You shall be solely responsible for preventing any loss or damage to, and maintaining independent archival and backup copies of, any Designs.
16. Choice of Law and Enforcement
Your access to the Website as well as the terms and conditions and the agreement they create are governed and interpreted by the laws of the State of California, other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the State of California. Where the subject matter so permits, the court having the lowest maximum jurisdiction over damages shall be used to hear the matter. You agree that, in the event that you are ineligible to bring a claim in California’s small claims through no fault of our own, by reason of your having more than two $2,500 claims within the same calendar year, you will be required to indemnify us for the difference in attorneys’ fees, court costs, and disbursements that we may incur as a result of defending the action in a less summary court. If you bring a dispute in a manner other than in accordance with this Agreement, such as by suing us in another country or state or in a higher court in California, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our Service to you, including any damages caused by your use of our Site or the products or services ordered from it. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
20. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Tastemaker.com must be addressed to Tastemaker’s agent for notice and sent via certified mail to: Joe Fraiman, 580 Howard Street, Suite 303, San Francisco, California, 94105, United States.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.