1. INTRODUCTION
Welcome to Outlive also hereby known as “we", "us," “our” or "OutliveDesign.com." We are an online invitation tool and platform and these are the terms and conditions and privacy policy governing your access and use of OutliveDesign.com along with its related sub-domains, sites, mobile app, services and tools (the "Site"). By using the Site, you hereby accept these terms and conditions (including the linked information herein) and represent that you agree to comply with these terms and conditions (the "User Agreement"). This User Agreement is deemed effective upon your use of the Site, which signifies your acceptance of these terms. If you do not agree to be bound by this User Agreement please do not access, register with or use this Site. This Site is owned and operated by Outlive registered in California, United States of America.
The Site reserves the right to change, modify, add, or remove portions of these Terms and Conditions at any time without any prior notification. Changes will be effective when posted on the Site with no other notice provided. Please check these Terms and Conditions regularly for updates. Your continued use of the Site following the posting of changes to Terms and Conditions of use constitutes your acceptance of those changes.
A. WHAT IS OUTLIVE?
B. PURPOSE
C. TYPES OF USERS
We do not discriminate based upon race, religion, color, national origin, sexual orientation, gender identity, age or disability.
D. SERVICES
2. TERMS AND CONDITIONS
A. YOUR ACCOUNT
To access certain services offered by the platform, we require that you create an account with us or provide personal information to complete the creation of an account. We have the right to access user’s (interior designer) account to manage images, profiles, invitations, and information if needed. We may at any time in our sole and absolute discretion, invalidate the username and/or password without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by, caused by, arising out of, in connection with or by reason of such request or invalidation.
You are responsible for maintaining the confidentiality of your user identification, password, account details and related private information. You agree to accept this responsibility and ensure your account and its related details are maintained securely at all times and all necessary steps are taken to prevent misuse of your account. You should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. You agree and acknowledge that any use of the Site and related services offered and/or any access to private information, data or communications using your account and password shall be deemed to be either performed by you or authorized by you as the case may be. You agree to be bound by any access of the Site and/or use of any services offered by the Site (whether such access or use are authorized by you or not). You agree that we shall be entitled (but not obliged) to act upon, rely on or hold you solely responsible and liable in respect thereof as if the same were carried out or transmitted by you. You further agree and acknowledge that you shall be bound by and agree to fully indemnify us against any and all losses arising from the use of or access to the Site through your account.
Please ensure that the details you provide us with are correct and complete at all times. You are obligated to update details about your account in real time by accessing your account online. For pieces of information you are not able to update by accessing Your Account on the Site, you must inform us via our customer service communication channels to assist you with these changes. We reserve the right to refuse access to the Site, terminate accounts, remove or edit content at any time without prior notice to you. We may at any time in our sole and absolute discretion, request that you update your Personal Data or forthwith invalidate the account or related details without giving any reason or prior notice and shall not be liable or responsible for any losses suffered by or caused by you or arising out of or in connection with or by reason of such request or invalidation. You hereby agree to change your password from time to time and to keep your account secure and also shall be responsible for the confidentiality of your account and liable for any disclosure or use (whether such use is authorized or not) of the username and/or password.
By registering and/or creating a public profile, user (independent interior designer and interior design firm) allows ‘Outlive’ to share (edit color, exposure, size, etc. if needed) their images uploaded to our Site on its social media platforms to promote user or as design inspiration with credit.
B. PLATFORM FOR COMMUNICATION
You agree, understand and acknowledge that the Site is an online tool and platform that enables you to purchase products (initiation, invite tool, subscription) listed at the price indicated therein at any time from any location using a payment method of your choice. You further agree and acknowledge that we are only a facilitator and cannot be a party to or control in any manner any transactions on the Site or on a payment gateway as made available to you by an independent service provider. Accordingly, the contract of sale of products on the Site shall be a strictly bipartite contract between you and the sellers on our Site while the payment processing occurs between you, the service provider and in case of prepayments with electronic cards your issuer bank. Accordingly, the contract of payment on the Site shall be strictly a bipartite contract between you and the service provider as listed on our Site.
C. CONTINUED AVAILABILITY OF THE SITE
We will do our utmost to ensure that access to the Site is consistently available and is uninterrupted and error-free. However, due to the nature of the Internet and the nature of the Site, this cannot be guaranteed. Additionally, your access to the Site may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.
D. LICENSE TO ACCESS THE SITE
We require that by accessing the Site, you confirm that you can form legally binding contracts and therefore you confirm that you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian. We grant you a non-transferable, revocable and non-exclusive license to use the Site, in accordance with the Terms and Conditions described herein, for the purposes of shopping for services as listed to be sold on the Site. Commercial use or use on behalf of any third party is prohibited, except as explicitly permitted by us in advance. If you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement and that you and the business entity will comply with all applicable laws relating to online trading. No person or business entity may register as a member of the Site more than once. Any breach of these Terms and Conditions shall result in the immediate revocation of the license granted in this paragraph without notice to you.
We grant you a limited license to access and make personal use of this Site, but not to download (excluding page caches) or modify the Site or any portion of it in any manner. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product or service listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.
This Site or any portion of it (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent by us as may be applicable.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other text utilizing our name or trademark without our express written consent, as applicable. Any unauthorized use terminates the permission or license granted by us to you for access to the Site with no prior notice. You may not use our logo or other proprietary graphic or trademark as part of an external link for commercial or other purposes without our express written consent, as may be applicable.
You agree and undertake not to perform restricted activities listed within this section; undertaking these activities will result in an immediate cancellation of your account, services, reviews, orders or any existing incomplete transaction with us and in severe cases may also result in legal action:
E. YOUR CONDUCT
You must not use the website in any way that causes, or is likely to cause, the Site or access to it to be interrupted, damaged or impaired in any way. You must not engage in activities that could harm or potentially harm the Site, its employees, officers, representatives, stakeholders or any other party directly or indirectly associated with the Site or access to it to be interrupted, damaged or impaired in any way. You understand that you, and not us, are responsible for all electronic communications and content sent from your computer to us and you must use the Site for lawful purposes only.
3. PRIVACY POLICY
The personal information / data provided to us by the user (interior designer), consumer (host), and end-consumer (guest) or their use of the Site will be treated as strictly confidential, in accordance with the Privacy Agreement and applicable laws and regulations. If you object to your information being transferred or used in the manner specified below, please do not use the Site.
A. USER
We collect user’s (interior designer) personal information, such as, first and last name, e-mail address, social media handles, telephone number for the purpose of communication and credit card information for the purpose of billing when user registers, subscribes, and/or creates online invitations. ‘Outlive’ design may access your account in order to help you edit, update and/or delete your information if necessary.
B. CONSUMER
We collect consumer’s (host) personal information, such as, first and last name, event details (event date, time, venue address), and e-mail address for the purpose of communication between consumer (host) and end-consumer (guest) to manage event responses and connect payment system, PayPal, to facilitate the transfer of money as monetary gifts from end-consumer’s (guest) personal PayPal balance, checking account, or credit card to consumer’s (host) personal PayPal account.
C. END-CONSUMER
We collect end-consumer’s (guest) and its additional guests’ (if applicable) personal information, such as, first and last name, telephone number, event response, and e-mail address for the purpose of communication only between consumer (host) and end-consumer (guest) to manage event responses and connect payment system, PayPal, to facilitate the transfer of money as monetary gifts from end-consumer’s (guest) personal PayPal balance, checking account, or credit card to consumer’s (host) personal PayPal account.
D. WHAT IS SHARED
We do not disclose your information unless allowed by law.
E. YOUR RIGHT
You have the right to access, edit, update or delete your account and its information.
For all questions, please e-mail us at info@outlivedesign.com.
Last Updated: May 31, 2023