Our Terms

The gist:
We offer free and paid downloadable design files to our users. We’ve also worked very hard to give you access to a large amount of designs with maximum flexibility. As a user of our service, we ask that you not resell or redistribute our downloadable files.  And, to use the files for the intended purposes—which is, primarily, to manufacture or otherwise produce physical products.

Note, we’ve adopted several portions of the Terms of Service agreement, developed by Automatic, under a Creative Commons Share-alike license.

Terms of Service (“TOS”):

The following is a legal agreement between you or the entity you represent (you or “Customer”) and DesignShop LLC (“DesignShop”). By downloading any file, you agree to be bound by the TOS and Privacy Policy.

Please read this Agreement carefully before downloading any files. 

  1. PAYMENT AND RENEWAL
      1. General Terms. 
        Optional paid services such as paid download or download plans will be charged on a pre-pay basis on the day you signup and will cover the use of that service for a monthly or annual subscription period as indicated.
      2. Automatic Renewal. 
        If you have signed up for a subscription plan, unless you notify DesignShop before the end of the applicable subscription period that you want to cancel a plan, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Subscriptions can be canceled at any time in the Account section of the website.
  2. COPYRIGHT INFRINGMENT AND DMCA POLICY. As DesignShop asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by DesignShop.com violates your copyright, you are encouraged to notify DesignShop in accordance with DesignShop’s Digital Millennium Copyright Act (“DMCA”) Policy. DesignShop will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
  3. INTELECTUAL PROPERTY. DesignShop, DesighShop logo, and all other trademarks, service marks, graphics and logos used in connection with DesignShop.com, or the Website are trademarks or registered trademarks of DesignShop or DesignShop’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any DesignShop or third-party trademarks.
  4. ATTRIBUTION. DesignShop reserves the right to display attribution links such as ‘Designed by DesignShop.
  5. CHANGES. We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using DesignShop.com within the designated notice period. Your continued use of DesignShop.com will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
  6. TERMINATION. DesignShop may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your DesignShop.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 
  7. DISCLAIMER OF WARRANTIES. Files are provided “as is”. DesignShop and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither DesignShop nor its suppliers and licensors, makes any warranty that Files will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, DesignShop at your own discretion and risk.
  8. LIMITATION OF LIABILITY. In no event will DesignShop, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to DesignShop under this agreement during the twelve (12) month period prior to the cause of action. DesignShop shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
  9. INDEMNIFICATION. You agree to indemnify and hold harmless DesignShop, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
  10. TRANSLATION. These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
  11. NONTRANSFERABLE. For purposes of this agreement, "Non-transferable" means that, except as specifically provided in these TOS, you may not rent, sell, sublicense, give, load, or otherwise transfer to anyone, a Files or the right to use the Files. You are permitted, however, to make a one-time transfer of Files to a third party to print and/or manufacture. You agree to act in good faith and take all commercially reasonable steps to prevent third parties from duplicating any Files. If you become aware of any unauthorized duplication DesignShop Files, please contact us.
  12. MISCELANEOUS. This Agreement constitutes the entire agreement between DesignShop and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of DesignShop, or by the posting by DesignShop of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Salt Lake City, Utah, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; DesignShop may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
  13. CHANGE LOG
    • No changes yet.

Privacy Policy

Your privacy is critically important to us. And, to protect your privacy, we strive to incorporate a few key principles into everything we do at DesignShop:

  • We don’t ask you for personal information unless we truly need it.
  • We don’t share your personal information with anyone except to comply with the law, develop our products, or protect our rights.
  • We don’t store personal information on our servers unless required for the on-going operation of one of our services.

Note, we’ve adopted a privacy policy developed by Automatic under a Creative Commons Share-alike license.  And, we've made several modifications to adapt to our user's privacy needs.

If you have questions about deleting or correcting your personal data please contact our support team.

DesignShop Inc. (“DesignShop”) operates several websites including DesignShop.com and freedxf.com. It is DesignShop’s policy to respect your privacy regarding any information we may collect while operating our websites.

Website Visitors

Like most website operators, DesignShop collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. DesignShop’s purpose in collecting non-personally identifying information is to better understand how DesignShop’s visitors use its website. From time to time, DesignShop may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
DesignShop also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in user and for user's leaving comments on WordPress.com blogs. DesignShop only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.

Gathering of Personally-Identifying Information

Certain visitors to DesignShop’s websites choose to interact with DesignShop in ways that require DesignShop to gather personally-identifying information. The amount and type of information that DesignShop gathers depends on the nature of the interaction. For example, we ask visitors who sign up for a free download to provide a username, email address, and password. Those who engage in transactions with DesignShop – by purchasing access to downloadable designs, for example – are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, DesignShop collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with DesignShop. DesignShop does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

Protection of Certain Personally-Identifying Information

DesignShop discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on DesignShop’s behalf or to provide services available at DesignShop’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using DesignShop’s websites, you consent to the transfer of such information to them. DesignShop will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, DesignShop discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when DesignShop believes in good faith that disclosure is reasonably necessary to protect the property or rights of DesignShop, third parties or the public at large. If you are a registered user of an DesignShop website and have supplied your email address, DesignShop may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with DesignShop and our products. We primarily use our various product blogs to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. DesignShop takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

Cookies

A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. DesignShop uses cookies to help DesignShop identify and track visitors, their usage of DesignShop website, and their website access preferences. DesignShop visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using DesignShop’s websites, with the drawback that certain features of DesignShop’s websites may not function properly without the aid of cookies.

Business Transfers

If DesignShop, or substantially all of its assets, were acquired, or in the unlikely event that DesignShop goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of DesignShop may continue to use your personal information as set forth in this policy.

Ads

Ads appearing on any of our websites may be delivered to user by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by DesignShop and does not cover the use of cookies by any advertisers.

Privacy Policy Changes

Although most changes are likely to be minor, DesignShop may change its Privacy Policy from time to time, and in DesignShop’s sole discretion. DesignShop encourages visitors to frequently check this page for any changes to its Privacy Policy. If you have a WordPress.com account, you should also check your blog’s dashboard for alerts to these changes. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

Fabricator License Agreement

THIS FABRICATOR LICENSE AGREEMENT ("Agreement") is entered into by and between Design Shop LLC (the “Licensor”) and the Digital File purchaser (the “Licensee”) and is effective as of the date the digital file is purchased from Design Shop.

 Whereas, Licensor has built, developed or otherwise obtained the rights to digital files (the “Digital Files”) for use in producing products and other physical goods which are not digital in nature (the “Physical Goods”); and

 Whereas, the Licensee desires to use the Digital Files to produce Physical Goods;       

 Now, therefore, in consideration of the right to use the Digital Files as expressed in this Agreement, and intending to be legally bound, Licensee hereby agrees as follows:

 1. Grant of License.  Subject to the terms and conditions of this Agreement, Licensor hereby grants to Licensee, and Licensee accepts a non-exclusive license to use the Digital Files for the manufacture, fabrication or production of up to one hundred (100) individual units of Physical Goods or for the creation of new derivative works which are used for the production of Physical Goods. Licensee is specifically not given the right to:

a. Redistribute, provide access to, transfer, share, makes files available on a shared drive, or resell any Digital Files;
b. Produce more than one hundred (100) individual units of Physical Goods unless Licensee gives express written consent;
c. Use Digital Files to create derivative digital works for other than individual use; therefore, no such derivative digital work may be resold or redistributed in its digital format;
d. Use Digital Files in any way that competes with Licensee’s business; and

Any use of the Digital Files in violation of this Agreement shall immediately terminate this Agreement and the license granted herein.  In the event a Digital File is covered by an open source software license such as a General Public License, any portion of the Digital File not covered by such open source License shall be covered by this Agreement.

2. No Implied Licenses.  Except as expressly provided in Section 1, nothing contained in this Agreement is intended to confer by implication, estoppel, or otherwise, upon Licensee or any other party, a license or rights in any intellectual property rights of Licensor. Further, Licensee acknowledges that the license granted in Section 1 only applies to Licensee, and may not be used, for any purpose, by any other person or entity without the express, written consent of Licensor.

3.  Representations and Warranties of the Licensor.  By offering the Digital Files for use on its website, Licensor hereby represents to Licensee that (i) Licensor has ownership of the Digital Files, free and clear of any claims or rights of any other person, with full right to use, sell, license, sublicense, dispose of, and bring actions for infringement of, and (ii) the use of the Digital Files does not infringe on the intellectual property rights of any third party.

4.  Ownership of Intellectual Property

a. Ownership of the Digital Files.  Licensee acknowledges and agrees that Licensor owns all right, title, and interest in and to the Digital Files and Licensee shall have no rights beyond the license granted under this Agreement.
b. Ownership of the Intellectual Property Developed by Licensor or Licensee.  Licensee acknowledges and agrees that Licensor shall own all right, title, and interest in and to any Intellectual Property developed by the Licensee, Licensee’s affiliates, or third parties working under Licensee’s supervision or control.  Intellectual property includes all designs and other non-Physical Goods stemming from the Digital Files, including derivative works based on existing Digital Files. 

5.  No Waiver.  The failure of either Licensor to enforce any provision of this Agreement shall not be deemed a waiver of that provision.

6.  Entire Agreement.  This Agreement (including the documents referred to herein) constitutes the entire agreement among the Parties and supersedes any prior understandings, agreements, or representations by or among the Parties, written or oral, to the extent they relate in any way to the subject matter hereof.

7.  Governing Law.  This Agreement shall be governed by and construed in accordance with the laws of the State of Utah.

8.  Amendments and Waiver.  No amendment of any provision of this Agreement shall be valid unless the same shall be in writing and signed by the Licensor and Licensee. No waiver by any party of any provision of this Agreement or any default, whether intentional or not, shall be valid unless in writing and signed by the party making such waiver.

In witness whereof, Licensee acknowledges this Fabricator License Agreement, and by completing this purchase of the right to use the Digital Files, the Licensee agrees to the terms of this Agreement and thereby causes this Agreement to be executed.