TERMS OF SERVICE
These terms of service and all subsequent claims and disputes arising out of or as related with your use of the DezignArk website shall be administrated by the laws of the United Kingdom (UK).
By visiting this website or using its services, you agree to be legally bound by these terms of service. We reserve the right and may from time to time, in our sole discretion, exercise such to revise these terms of service and all related information by updating this post or any related information.
Revised terms will take effect immediately upon posting and any use of this website after such changes are effected will be considered as your agreement to continue to be bound by this agreement.
DezignArk is a digital platform that curates publications from websites that encourage the distribution of such content. Through curating this work, we make it more efficient for users to find the publications they are looking for as well as similar publications.
We provide the curated results of these publications as a service similar to the search results of search engines which also aggregate and curate content for their users. Our directory organises these publications into categories, tags and pages which are then provided to users for a subscription fee. Users are also free to access this content without any charges using our ‘search’ function which can be found on the front page or main menu.
DezignArk is also a networking service that allows registered users to share their work and discuss it with other members.
DezignArk is a platform within which user profiles are listed. User activity such as likes, shares and comments from across the network are posted on this site in the form of news feeds.
DezignArk lists the published work of users and allows such registered users to post their own work subject to their compliance with our terms of service. DezignArk’s administrators and moderators also reserve the right to curate any content shown in the newsfeed or other pages.
You understand and agree that these terms of service shall govern all websites that are a part of DezignArk’s network, and your use of any of these networks signifies your acceptance to be bound by this agreement.
In order to use DezignArk services, you must register for and maintain an active personal user account. Our account registration process makes it mandatory for you to relay certain personal information such as your email address and password. Other details may also include your name, profession, and location.
You agree to always maintain accurate, honest, comprehensive, and current information in your user account. Should you be found to have provided us with information that is incomplete, misleading or untruthful, we may disable your ability to access and use the website, and/or may terminate this agreement.
You agree to bear personal responsibility for every action that transpires under your DezignArk account, and hereby consent to ensure the confidentiality and security of your username and password at all times. You may not authorize third parties to use your DezignArk account, and you agree to conform to every applicable law when using our website.
You are to immediately inform us should you suspect that the privacy of your account has been violated. DezignArk cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
Except otherwise permitted by www.DezignArk.com in writing, you may only possess one account.
You also understand and agree that we are not in any way responsible for any acts or omissions by any other registered user or any guest, including any damages or harm of any kind that you may incur as a result of such acts or omissions.
USER CONTENT AND CONDUCT
As a user, you understand and agree that all information, text, data, music, software, sound, photographs, video, graphics, goods, messages, products, services or any other material(Collectively called content) are the sole responsibility of the registered user from which such content originates. DezignArk neither controls, reviews or endorses all the content posted via the networking service and gives no guarantee as to the accuracy, truthfulness or quality of such content.
You also understand that you, and not DezignArk, are entirely responsible for all the content that you post, upload, transmit or make available in any way via the networking service.
By uploading content to the website, you warrant that you are the copyright owner of such content, a joint copyright holder of such content, or that you have the legal authority to use any third-party’s copyrighted work available within your content.
You agree that we will regard and treat any communication or material transmitted by users to the website, including but not constrained to any information, questions, comments, and suggestions, as non-proprietary and non-confidential. You thereby grant DezignArk the right to use anything transmitted or posted by you for any purpose, including but not limited to broadcast, reproduction, disclosure, transmission, publication, and posting.
While any user content that you provide remains your property, you grant DezignArk (by making available such user content) an international, continuous, transferrable, irrevocable, royalty-free license, with the rights to sub-license, modify, duplicate, make derivative works of, distribute, publicly perform, openly show, and to otherwise use such user content in any way without supplementary notice to or permission from you, and without the anticipation of compensation.
You understand that you risk exposure to content that is offensive, rude or objectionable through the use of the service. Under no circumstances will DezignArk be liable in any way for any content, counting, but not restricted to any errors or omissions in any Content, or for any loss, harm or damage of any kind that you may incurby your use of any Content posted, transmitted, uploaded or otherwise made available through the Service.
We may, but are not in any way obligated to, screen, edit or remove content that we decide in our sole discretion to be unlawful, hostile, debilitating, offensive, defamatory, explicit, vulgar, pornographic or otherwise objectionable or that violates any third party’s intellectual property or these terms of service.
You agree to evaluate, and subsequently bear all risks associated with your use of any Content, including any dependence on the correctness, completeness, or usefulness of any such Content.
You understand that we may transmit our service, including your content, over various networks, and that such content may be adapted to conform to technical requirements of connecting devices or networks.
As a registered DezignArk user, you agree to comply with our rules of conduct as highlighted below:
You may not remove any trademark, copyright or any other proprietary notice from any part of the website.
You are prohibited from mirroring, or framing any part of our website/services without prior consent.
You may not duplicate, reproduce, sell, copy, or otherwise abuse this website for any money-making purpose without DezignArk’s prior written consent.
You must not try to gain unauthorized access to our website or attempt to incapacitate any part of the DezignArk website or its related systems.
You may not use data mining robots or comparable data extraction tools on this website.
As a user, you may under no circumstances use information collected from our website to contact individuals or organizations except the other registered users disclosed to you.
You are expressly forbidden from copying or downloading account information for the benefit of another website or merchant.
You may not gain unauthorized access to other computer systems; make, transmit or store electronic copies of any material protected by copyright without the due permission of the owner.
Do not disseminate any illegal, libelous, harassing, unmannerly, harmful, threatening, vulgar, obscene, or otherwise objectionable material.
Do not communicate content or material that inspires criminal conduct or results in civil liability.
Do not upload content or material that harms minors in any way.
You may not impersonate any individual or entity, including, but not narrowed to, a DezignArk official, guide or host, forum leader, or deceptively state or otherwise falsify your affiliation with an individual or entity.
Your uploaded content must not violate any local, state, federal, or international laws.
You may not use the website to exploit people in a sexual or violent manner; or to “stalk” or otherwise harass another user.
Your uploaded content may not disrupt the normal flow of dialogue; act in a way that hinders other DezignArk users’ ability to engage in real time exchanges, or disrupt the website servers or other networks connected to the service.
You may not upload advertisements, spam links to other websites or individuals or solicitations, without prior written permission from DezignArk; or advertise chain letters or pyramid schemes.
You may not forge headers or otherwise manipulate identifiers in a bid to disguise the origin of any content transmitted through the website.
You are prohibited from posting information or content that contains computer viruses or other harmful computer code.
You may not include nudity, violence, or any other offensive subject matter not suitable for a public forum.
You are prohibited from offering for sale or sell any item, merchandise or service that violates any relevant local, state, or federal law or regulation, and that you do not have the full power and authority under all applicable laws and regulations to make available for sale, including all necessary licenses and authorizations.
You will not upload content that hassles, persecutes, intimidates or degrades a person or a group of individuals because of religion, sexual orientation, gender, race, ethnicity, age or disability.
You must not use the DezignArk Service as a forwarding service to another website; and must not solicit personal identifying information or passwords from other users for commercial or unlawful purposes.
You must not exceed the scope of the Service that you sign up for; for example, using the tools that you have no right to use, or deleting, adding to, or otherwise altering other peoples content or comments.
If we find you to breach of any of these rules, DezignArk will automatically terminate the permission or license granted you to use this website. DezignArk also reserves the right to investigate and take appropriate legal action against such a violator.
We offer the DezignArk website for international use. All international users hereby agree to comply with all applicable local rules regarding online conduct and acceptable content.
DezignArk makes any additional software available for the use of registered users. If you elect to download, access or use such additional software or third party Content made available through the DezignArk Service, you agree that you may have to agree to other terms and conditions before you use those software or third party Content.
Moreover, you agree your use of any third party software or Content obtained through the DezignArk Service does not transfer any title, rights, or interest in the software or such Content to you. You may not use any Content made available to you through the software or the Service except as specifically authorized under that third party provider’s terms of service or license.
If you do not agree to the terms of service or license agreement of that third party, do not download the software or Content.
Specifically, DezignArk uses the WordPress platform, on which you can use plugins and third party software. We may charge you for extended functionality (such as site creation and extra tools such as templates and post tracking) that our website provides in this regard.
You however understand that we are still in the development phase of this extended functionality, thus, you may experience impaired functionality for which we will not be held liable.
As a matter of convenience, we may provide third parties links to other Websites and/or resources. The presence of these third party links does not mean that DezignArk endorses such websites. Consequently, we are not responsible and will bear no liability for any content, products, advertising, or other materials accessed through such third party websites or resources.
You consent to indemnify, release, defend, and hold DezignArk, its affiliates, holdings, and their officers, managers, agents, and proxies, not guilty from and against any liabilities, claims, losses, compensations, and expenses, including but not limited to, sensible legal and accounting fees, in any way associated with your use of the DezignArk website and services, your contravention of these terms, and/or any products or services that you purchase or obtain in connection with the website.
DezignArk reserves the right, at a cost borne by you, to assume the exclusive control and defense of any issue or matter for which you are required to indemnify us. In such circumstances, you agree to cooperate with our defense of the claims. You may not settle any such matter without DezignArk’s prior written consent. DezignArk will use reasonable efforts to advise you of any such claim, proceeding or action upon becoming aware of it.
The Service may include advertisements necessary for DezignArk to provide the Service. You understand that your business dealings or correspondence with the advertisers made available through the Service, (and this includes payment and delivery of related merchandise or services), as well as any other terms, warranties,conditions, or guarantees associated with such business dealings, are exclusively between you and such advertiser.
We will not be responsible or bear any liability for any loss, harm or damage of any sort that you incur because of any such dealings or because of the presence of such advertisers on the Service.
USE AND STORAGE PRACTICES
You acknowledge that DezignArk may establish limits and general practices as it related to the use of the Service. We may also occasionally modify such limits and practices without notice to you.
SUBSCRIPTIONS, BILLING, AND CANCELLATION
A. Paid Subscriptions. Some aspects of the Sites and the services offered thereon require payment before they can be accessed or used (“Paid Subscriptions”). While Paid Subscription options will vary from time to time, they will require you to pay a recurring fee on a monthly, bi-annual, or annual basis, or at some other recurring interval disclosed to you prior to purchase (the “Subscription Period”).
Your Paid Subscription may be subject to Additional Terms presented to you prior to purchase. Importantly, Paid Subscriptions typically will not provide access to all services owned and operated by DezignArk. We may change the price of Paid Subscriptions from time to time, but we will communicate any price changes to you in advance in the manner required by applicable law (if any) and, if applicable, we will tell you how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next Subscription Period.
By registering for a Paid Subscription, you authorize us to charge your credit card or other account that you have designated, on a recurring basis, for the applicable subscription fee at the then current rate plus applicable tax. All fees are charged in British Pounds (GBP).
B. Auto-Renewal and Cancellation. The subscription fee for a Paid Subscription will be billed at the beginning of your Subscription Period or expiration of your free trial period, if any. Paid Subscriptions automatically renew until they are cancelled as described below. This means that, after your initial Subscription Period, and again after any subsequent Subscription Periods, you will automatically be billed for an additional period of the same length. For example, if you select a monthly subscription, you will be billed for an additional month at the beginning of the next month, and then for each month after that, until you cancel your subscription.
You may cancel your subscription at any time by logging into your account on the Sites or contacting us at https://dezignark.com/contact-us/. You have the right to cancel your subscription at any time. If you cancel your subscription, cancellation will be effective at the end of the current Subscription Period. After cancellation, you will have continued access to the applicable content and/or services for the remainder of the current Subscription Period, but you will not receive any refund, unless otherwise stated at the time of cancellation. Please note that the provision of a full or partial refund in one instance will not entitle you or any person to a full or partial refund under similar circumstances or for any reason not specifically agreed to by DezignArk.
C. Free Trials. On certain occasions, DezignArk may offer free trials of its paid services. If we offer you a free trial, the specific terms of the free trial will be stated on the relevant portion of the Sites or the marketing material describing the free trial. If you do not cancel your free trial within the trial period set out in the terms of the free trial, it will automatically convert to a Paid Subscription. This means that we will charge your payment card for the applicable subscription fee once your free trial period ends and we will continue charging you for each recurring Subscription Period until you cancel the subscription. You may cancel your subscription at anytime by logging into your account or contacting us at https://dezignark.com/contact-us/. The free trial offer terms will present the details of the free trial and the Paid Subscription that will result absent cancellation.
D. Pricing. DezignArk strives to be as accurate as possible and eliminate errors on the Site. However, there may be information on the Sites that contains typographical errors, inaccuracies or omissions that may relate to product or service descriptions, pricing, promotions, offers, and availability. The prices displayed on the Sites are quoted in GBP and are subject to change without notice insofar as permitted under applicable law. To the extent permitted by applicable law, we reserve the right to correct any errors, inaccuracies or omissions and to change or update information if any information on the Sites is inaccurate at any time without prior notice.
CANCELLATION AND TERMINATION
Users have the right to cancel the Service at any time, and cancellation will take effect immediately upon doing so. After cancellation, users will no longer be able to access the website and all information contained within their own portions of the website may be deleted by DezignArk. DezignArk accepts no liability for any such deleted information or content.
You understand and agree that your posts and data will no longer be visible on the DezignArk platform if you choose to delete your account.
You agree that DezignArk, as it deems fit, may terminate your password, and/or account. We may also remove and discard any Content available within the Service (counting, but not restricted to your website if you are an Account Holder), for the following reasons:
Lack of use of services; and/or
If DezignArk believes that you have breached or acted inconsistently with the letter or spirit of these terms.
Cancellation of the services shall mean that any contracts in conjunction with your deleted website and all its parts, at DezignArk’s discretion, will be terminated as well.
We may in our sole discretion and at any time, with or without notice, stop providing the Service, or any portion of it. You agree that we may effect any termination of your access to the Service under any provision of this TOS without prior notice. You thereby acknowledge and agree that DezignArk may immediately deactivate or delete your website, as applicable, and all related files and information.
DezignArk reserves the right to bar any further access to the Service or to such files. You agree that DezignArk shall not be liable to you or any third-party for any termination of your access to the Service.
By opening a DezignArk account, you agree to receiving e-mail communication from us. Through e-mail communication, we will notify and update you of DezignArk activities which may be of interest to you.
DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITIES
THE WEBSITE AND ITS CONTENT ARE PROVIDED BY DEZIGNARK ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEES OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE AND THE CONTENT, AND YOU CLEARLY AGREE THAT YOU USE THE WEBSITE AT YOUR OWN RISK.
DEZIGNARK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, BE IT EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT.
WE DO NOT GUARANTEE THAT THE WEBSITE AND/OR ITS CONTENT WILL MEET YOUR INDIVIDUAL REQUIREMENTS. DEZIGNARK DOES NOT WARRANT THAT THE WEBSITE, THE CONTENT, THE DEZIGNARK SERVERS, ANY ELECTRONIC COMMUNICATIONS SENT BY OR FROM DEZIGNARK ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
WE WILL NOT BE LIABLE TO YOU REGARDING ANY LOSS OR CORRUPTION OF ANY DATA, DATABASE OR SOFTWARE. DEZIGNARK WILL NOT BEAR ANY LIABILITY TO YOU IN RESPECT OF ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.
DEZIGNARK IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, VENDOR DATA OR CUSTOMER INFORMATION, REVENUE, OR ANY OTHER DAMAGE OR HARM TO BUSINESS ARISING OUT OF DELAYS, NONDELIVERY OR MISDELIVERY OF INFORMATION, LIMITATION OR LOSS OF ACCESS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THIS SERVICE, OR AS A RESULT OF VIRUSES OR OTHER ERRORS.
DEZIGNARK WILL NOT IN ANY WAY BEAR LIABILITY FOR ANY DAMAGE OR LOSS OF ANY KIND AS A RESULT OF YOUR USE OF OUR WEBSITE OR FROM ANY CONTENT, INCLUDING, BUT NOT RESTRICTED TO, DIRECT, INCIDENTAL AND/OR CONSEQUENTIAL DAMAGE, UNLESS OTHERWISE SPECIFIED IN WRITING.
WE SHALL NOT BE NOT RESPONSIBLE FOR: ANY INTERRUPTION, DELAY OR FAILURE IN TRANSMISSION, EQUIPMENT OR SOFTWARE MALFUNCTION, OR HOWSOEVER OTHERWISE ARISING; OR ANY INACCURATE, INCOMPLETE OR INADEQUATE INFORMATION OBTAINED FROM THE WEBSITE BY YOU.
WE GIVE NO ASSURANCES THAT THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS; WILL BE SECURE, UNINTERRUPTED, TIMELY, OR ERROR-FREE; THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE RELIABLE OR ACCURATE; THAT THE QUALITY OF ANY SERVICES, PRODUCTS, INFORMATION; AND/OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
YOU UNDERSTAND THAT NO ADVICE OR INFORMATION, BE IT ORAL OR WRITTEN, OBTAINED THROUGH THIS SERVICE SHALL FORM ANY WARRANTY NOT EXPLICITLY STATED IN THE TERMS OF SERVICE.
DEZIGNARK SHALL BEAR NO LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, COUNTING BUT NOT LIMITED TO HARMS AND DAMAGES FOR LOSS OF GOODWILL, PROFITS, USE, DATA OR ANY OTHER INTANGIBLE LOSS, EVEN IF DEZIGNARK HAS BEEN DULY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF CERTAIN APPLICABLE LAW DOES NOT SANCTION THE LIMITATION OF LIABILITY SO SET FORTH ABOVE, THIS LIMITATION OF LIABILITY WILL NOT APPLY TO YOU.
U.K. GOVERNMENT RESTRICTED RIGHTS
The materials on the Service are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the UK Government is subject to restrictions as stated in applicable laws and regulations. Use of the materials by the UK Government constitutes an acknowledgment of DezignArk’s proprietary rights in them.
We will modify specific provisions of this Agreement to reflect the parties’ intention if any provision of this contract is held unenforceable, while all residual provisions of this contract shall remain in full force and effect.
CHOICE OF LAW
Our choice of jurisdiction for the interpretation and governance of law as regards this Agreement is the UK.
MODIFICATIONS TO THE SERVICE
DezignArk reserves the right at any time and may occasionally modify or discontinue, whether temporarily or permanently, the Service (or any portion of it thereof) with or without notice at any time. You agree that DezignArk shall not be answerable to you or any third party for any alteration, suspension or discontinuance of the Service.
We also reserve the right to modify the service fees at any time. The modified terms will be uploaded, with the last updated date at the bottom of this page changed accordingly to reflect such a change. If you continue to use the website and its applications after a modification of terms has been uploaded, you consent to be bound by the modified terms.
INFORMATION WE COLLECT
Identity and contact information: DezignArk will ask you to make available identity and contact information, as well as certain other personal information when you register to become a DezignArk user.
Automatically collected information: We also automatically collect certain information based on users’ activity on the DezignArk website. This data is used to conduct in-house research on our broad user demographics, behaviour and interests. With this data, we are better able to understand the interests of our users and provide them with suitable content & features.
We also use the following analytics tools. Below are a list and included is a link to their privacy policies.
The data that Google Analytics uses to provide all the information in your reports comes from these sources:
- The HTTP request of the user
- Browser/system information
- First-party cookies
You can read more here
THE WAYS WE USE YOUR INFORMATION
These are the ways in which we use your information:
To facilitate the delivery of services requested by you;
To troubleshoot problems;
To enforce applicable agreements;
To measure the level of consumer interest in our services;
To keep you informed about offers, services, products, and updates;
To customize your experience;
To develop our product and service offerings and content;
To enhance our promotional and marketing efforts;
To analyse website usage, and customise the website’s content, layout, and services;
To resolve disputes;
To discover and defend ourselves against error, fraud and other nefarious activities; and
As otherwise explained to you at the time of data collection.
A Note to Users in the European Union. Although your Personal Information may be processed in the country in which it was collected and/or in other countries, including but not limited to the United States, where laws regarding processing of Personal Information may be less stringent than the laws in the European Union. At DezignArk, we are making every effort to comply with the May 25th, 2018 General Data Protection Regulation (GDPR) as implemented by the European Union. By using the Services you agree to such processing.
As such, we are implementing new options whereby we are introducing the following features on DezignArk:
- Data Protection Officer (DPO). If you have a special request concerning your personal data, you are able to contact our Data Protection Officer
- You have an option to start or stop receiving all marketing e-mails from us.
- Forget Me. You may request a total erasure from DezignArk. We will delete everything we have related to you upon your request. If you are a member of the DezignArk, you can also choose to delete your account.
DISCLOSURE OF PERSONAL INFORMATION TO THIRD PARTIES
Under the following circumstances, we may disclose your personal information to the under listed third parties:
- Marketing: We may disclose your personal information for the purposes of promoting and marketing relevant services to you, in order to keep you informed of services, products, and special offers. Please note that we will not use or disclose sensitive information about you for direct marketing purposes unless you have consented to that kind of use or disclosure.
- In compliance with the law: We may share your personal information with appropriate legal authorities/government officials if mandated to do so.
Barring these, wewill never knowingly sell, transfer or share any of your information with a third party.
Please note that individuals less than 13 are not eligible to use our website. We will never knowingly collect and/or store information provided by persons not yet of a consenting age on DezignArk.
SECURITY OF INFORMATION
We always do our best to protect your personal information and preserve its integrity. To prevent unauthorized access, preserve data accuracy, and ensure appropriate use of information, we deploy first class practical and administrative practices that safeguard and secure your information. You however understand that no transmissions over the internet is hundred percent safe, thus, we will bear no liability to you if the integrity of your information is compromised.
To ensure a user friendly registration and log in experience, as well as to improve user experience, we make use of the cookies technology. It does not make available to us information beyond what you willingly provide. You may however choose to deny or accept cookies on your web browser.
Last Update: 20/02/2022