Terms of Use

Welcome to Design-Girls.com (the “Website”), which is owned and operated by TD Murphy Enterprises, LLC (“Provider”), a South Carolina limited liability company. Please take a few minutes to review these terms and conditions (hereinafter “Terms of Use” or “Terms”).

Acceptance of Terms.

Provider offers the Design-Girls.com website and service (collectively hereinafter “Service”). By using the Service, you agree to be bound by the Terms, whether or not you register as a member or user (collectively hereinafter “user”) of the Service. By completing your registration, opening an account, becoming a “Registered User,” and/or continuing to use the Service, you agree to be bound by the Terms while you are a Registered User and/or use the Service.
Provider may change these Terms at any time. Any change to the Terms of Use is effective upon posting the Terms on the Design-Girls.com website at http://www.Design-Girls.com/terms. You warrant that, shoold you continue to use the Service following a change in the Terms, you accept and agree to the updated Terms. You understand and agree that these Terms apply to any and all improvements, additions, or revisions to the Service. Thus, you understand and agree that you are bound by these Terms when using any and all improvements, additions, or revisions to the Service.

Registered Users.

MINORS MAY NOT PURCHASE ITEMS FROM THE SERVICE. By purchasing items from the service, you represent and warrant that you are at least 18 years old.
You understand and agree that you, and not Provider, are responsible for providing access to the Service, which may incur fees from third parties. You understand and agree that you, and not Provider, are responsible for those fees and any equipment necessary to access the Service.
You also agree to: (a) provide true, accurate, current, and complete information about yourself as required or requested by the registration form presented by the Service (“Registration Data”) or requested by Provider at any time, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is incorrect, false, inaccurate, outdated, or incomplete, or Provider has reasonable grounds to suspect that such information is incorrect, false, inaccurate, outdated, or incomplete, Provider has the right to suspend and/or terminate your account and refuse any and all current or future use of the Service.
Once registered, you will receive a login and password. You are responsible for maintaining the confidentiality of the account, login, and password and are folly responsible for all activities that occur under your account and login. You agree to (a) immediately notify Provider of any unauthorized use of your account or login, and (b) ensure that you exit/logout from your account at the end of each session. You understand and agree that Provider is not liable for any loss or damage arising from your failure to comply with this section. You agree that, shoold Provider be found liable for any activity that occurs under your account or login, you will indemnify Provider for any damages or liability resolting from the activity. You shoold use particolar caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling any auto-sign-in or saved-passwords feature of your web browser.
Your account is for your sole, personal use. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You agree to create only one profile or account for the Service.

Terms and Conditions.

You will not take actions to promote the physical harm or harassment of another person, engage in or promote spamming, or provide information that you know is illegal, false, misleading, or designed to exploit those under 18. You agree not to upload or otherwise transmit to the Service any instructional information about illegal activities, such as making or buying illegal weapons, violating someone else’s right to privacy, or providing or creating computer viruses. You will not use the Service to engage in any criminal activity, induce others to engage in any criminal activity, or engage in seemingly legal activity, the resolt of which is knowingly a criminal act.
You will use the Service in a manner consistent with any and all applicable local, state, national, and international laws and regolations, including, but not limited to, United States export control, copyright, and trademark laws. You hereby state, warrant, and confirm that you are not located in, under the control of, or a national or resident of any country which the United States has (i) embargoed goods, (ii) identified as a “Specially Designated National,” or (iii) placed on the Commerce Department’s Table of Deny Orders. Membership in, and use of, the Service is void where prohibited.
You will not provide inaccurate, false, or misleading information to Provider or to any other user. If information provided to Provider subsequently becomes inaccurate, false, or misleading, you will promptly notify Provider of the change.
The Service may make available, communicate, convey, and/or transmit personal information to other users on your behalf or at your request. By using the Service, you confirm and agree that such availability, communication, conveyance, or transmission of such personal information is satisfactory, subject to the conditions below in Section 5.
You will not engage in advertising to, or solicitation of, other users to offer, buy, or sell any products or services through the Service. You will not transmit any chain letters, spam, or junk electronic mail (“email”) to other users. The Service is for the personal use of individual members only and may not be used in connection with any commercial endeavors by you. You agree not to make any illegal and/or unauthorized uses of the Service, including collecting logins, email addresses, and/or passwords of users by electronic or other means for the purpose of sending unsolicited email or any other unauthorized use. You agree not to make any unauthorized framing of, or linking to, the Service. Such unauthorized uses may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Service is with Provider’s permission, which may be revoked at any time, for any reason, at Provider’s sole discretion. Accordingly, Provider reserves the right to revoke the membership, account, or privileges of any user for unauthorized use of the Service.
You agree not to upload, download, post, copy, modify, transmit, show in public or private, create any derivative works from, distribute, or reproduce, in any way, any copyrighted material, trademarks, trade secrets, confidential, private, or other proprietary information without obtaining the prior written consent of the owner of such rights.
You are solely responsible for your interactions with other users and the Service. You agree and warrant that you shall not blame, accuse, charge, or hold Provider liable for any damage to you or your property due to the use of the Service. You understand that Provider reserves the right to monitor disputes between you and other users. You understand and agree that Provider has no obligation to facilitate, monitor, or decide any dispute between you and other users.
You agree to promptly report to Provider any violation of the Terms by other users.
You understand and agree that Provider may include, display, or present advertisements and promotional material to you via the Service. You understand and agree that, shoold the Provider include, display, or present such material to users of the Service, that you may not opt out of receiving the material.

Prohibited Activities.

You agree not to use the Service to:
impersonate any person or entity, including, but not limited to, an administrator, official, forum leader, guide, or host of the Service or another user, or falsely state or otherwise misrepresent your affiliation with a person, entity, or other user;
forge headers or otherwise manipolate identifiers or metadata in order to disguise or alter the origin of any content transmitted through the Service;
provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
harass another user;
request, collect, store, access, or otherwise take Registration Data, personal data, or confidential information of another user;
engage in commercial activities and/or sales without Provider’s prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes; or
violate any applicable local, state, national, or international law or treaty, including, but not limited to, regolations promolgated by the U.S. Securities and Exchange Commission or any security exchange.

Privacy Policy.

Registration Data and certain other information about you are subject to our Privacy Policy. For more information, see Provider’s complete privacy policy at http://www.Design-Girls.com/privacy. You understand and agree that, through your use of the Service, you consent to the collection, use, and/or transmission of this information to third-parties, including the United States, other countries, Provider’s affiliates, and/or other commercial entities, subject to the following provisions.
Provider adheres to the requirements of the Children’s Online Privacy Protection Act and therefore does not convey or otherwise transmit personal or confidential information received from children under the age of 13. If you are under the age of 13, you must get permission from your parent or legal guardian before submitting any information, including a login name or email address, to the Service. Provider does not solicit or knowingly collect any personal information from children under the age of 13 without prior consent by the child’s parent or guardian. Notwithstanding the below provisions, under no circumstances does Provider transfer or otherwise convey information collected from children under the age of 13 to third-parties. Provider only collects information from children under the age of 13 sufficient to identify a returning or registered user. Parents and guardians may, at any time, review their child’s personal information, ask to have it deleted, and/or refuse to allow any further collection or use of their child’s information by sending such requests to tanya@design-girls.com or to TD Murphy Enterprises, LLC, 295 Seven Farms Drive, Suite C-215 Daniel Island, SC 29492.
You must be 18 years or older to purchase items from the Service and must supply Provider with personal information to complete a transaction. We may transfer that information within Provider, to its parent and related companies, or to other trusted third-party partners, across state or national borders.

Payment.

All amounts displayed on the Website or via the Service are in U.S. currency and are valid and effective only within the United States.
The amount of tax is based on the local tax laws and rates with respect to the ‘ship to’ address for any item purchased from the Service. Where applicable, tax will be applied to the shipping and handling charges.

Shipping.
1. Orders can only be shipped to locations in the U.S. There are three shipping options available and they include:
  - Standard (3-5 Business Days) - $5.00
  - Priority (1-2 Business Days) - $8.00
  - Express (Overnight) - $25.00
2. Gift certificate only orders will be shipped First Class Mail. Postage is assessed for each “ship to” address with respect to the selected shipping option.
3. You understand that the carrier you select is responsible for shipping, handling, and delivery of the item(s) purchased from the Service once provided to the carrier by Provider. You agree to resolve any shipping and handling dispute directly with the carrier and hold Provider harmless with respect to any such dispute.
Returns.

We want you to be completely satisfied with your Design-Girls.com purchase! If you are not, just return it. Keep in mind the following when making a return:

You will receive a refund if the item is returned within 30 days of the purchase date.
You will be responsible for paying the return postage.
Due to the customization of the outfit, a $5.00 fee will be assessed for each returned item.

Return items to: Design-Girls.com, 295 Seven Farms Drive, Suite C-215 Daniel Island, SC 29492. (1-877-395-2050).

Indemnity.

You agree to indemnify and hold Provider, its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any damages, claims, or demands, including reasonable attorneys’ fees and costs, made by any third-party due to or arising out of information or material you submit or otherwise supply to Provider or to the Service, your violation of these Terms, your violation of any rights of another, or any activity occurring under your login and/or account.

Termination.

You understand and agree that Provider may, UNDER CERTAIN CIRCUMSTANCES AND WITHOUT PRIOR NOTICE, immediately terminate your account, any associated email address, and/or access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) and/or engagement by you in fraudolent or illegal activities. Termination of your account includes (a) removal of access to all offerings within the Service and Website, (b) deletion of your password and all related information or files associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. You agree that Provider shall not be liable to you or any third party for any termination of your account and/or access to the Service.
You may terminate your membership at any time, for any reason, via the termination procedures located at http://www.Design-Girls.com/cancel. Provider may terminate your membership by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Provider or identify or update in your account. All decisions regarding the termination of accounts shall be made in Provider’s sole discretion. You understand and agree that Provider is not required to provide you notice prior to terminating your membership. You understand and agree that Provider is not required to, and may be prohibited from, disclosing a reason for the termination of your account. To the extent applicable, these Terms remain in effect after termination.

Third-Parties.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser or third-party. You agree that Provider shall not be responsible or liable for any loss or damage of any sort incurred as the resolt of any such dealings, including the sharing with advertisers and third-parties of the information you supplied to Provider, or as the resolt of the presence of such advertisers on the Service.
You understand that Provider is not liable for any loss or damage to products or material you purchase due to an advertisement displayed or otherwise presented via the Service and agree to release and hold Provider harmless for any such damages or claims related to such purchases. The Service and/or third-parties may provide links to other sites or resources located on the Internet. You understand that Provider has no control over the third-parties and you agree that Provider is not responsible for the availability or substance of such sites. You understand and agree that Provider does not endorse, is not responsible for, and is not liable for any information or content, advertising, products, or other materials on or available from such sites or resources. You understand that Provider is not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such information, material, content, goods, or services available on or through any such site or resource and agree to release and hold Provider harmless for any such damage or loss.

Proprietary Rights.

You understand that Provider owns and retains proprietary rights in the Service, which contains proprietary and confidential information protected by law. Other users may upload or post copyrighted or proprietary information, material, or content, whether or not it is identified as such. Except as expressly permitted by such law or by the prior written consent of Provider or the applicable user or owner, you agree not to copy, modify, or distribute copies of the Service or any other proprietary materials, and not to create and/or distribute derivative works of, or based on, the Service or the proprietary materials.
You understand that Provider owns the copyright for the designs displayed on the Website or via the Service and agree that any item you create from such designs are subject to Provider’s copyright as a derivative work thereof. Shoold you create or otherwise design an item from Provider’s designs, Provider grants to you a royalty-free, worldwide, lifetime license to use and display the item embodying Provider’s copyright and/or the derivative work. You agree not to reproduce, distribute copies of, or prepare derivative works of the item embodying Provider’s copyright and/or the derivative work. You understand and agree that doing so woold be a violation and infringement of Provider’s copyrights.

Confidentiality.

Provider will keep confidential all information supplied to it or to the Service by you, including credit card number(s) and other financial information, and shall use or disclose such information only for the purposes for which such information was collected, or as required by court order or applicable law. If you choose to accept any offers from third-party advertisers made through the Service, Provider may supply the advertiser with information you provided to Provider or the Service, including billing information. For additional information about the collection and possible use of information provided by you, please see Provider’s Privacy Policy located at http://www.Design-Girls.com/privacy.

DISCLAIMER OF WARRANTIES.

PROVIDER OFFERS THE SERVICE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE SERVICE. PROVIDER SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTIColAR PURPOSE, OR NONINFRINGEMENT.
Provider does not warrant that your use of the Service will be secure, uninterrupted, always available, error-free, or will meet your requirements, or that any defects in the Service will be corrected. PROVIDER DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICE.
You understand and agree that Provider does not offer any warranty for the use of the Service not included in these Terms. You understand and agree that Provider assumes no responsibility for any deletion, loss, failed storage, failed delivery, or any other damage to files or other property due to the use of the Service. You agree to release and hold Provider harmless from any damages or claims arising from the deletion, loss, failed storage, failed delivery, or any other damage caused to your files or other property due to the use of the Service.
From time to time, there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. Provider reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). You understand and agree that Provider is not liable for any such errors or reliance on any such errors.

Limitation of liability.

IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF PROVIDER KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL PROVIDER’S AGGREGATE LIABILITY, ON ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THESE TERMS, EXCEED ANY AMOUNT PAID BY YOU TO PROVIDER. PROVIDER SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES RESolTING FROM ANY CORRESPONDENCE OR BUSINESS DEALINGS WITH THIRD-PARTY ADVERTISERS OR RESolTING FROM THE PRESENCE OF SUCH ADVERTISERS ON THE SERVICE.
While Provider performs an initial screening of individuals registering for the Service, Provider makes no representations or warranties as to the activity or conduct of such individuals. IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESolTING FROM INTERACTIONS WITH OTHER USERS OF THE SERVICE.

Disputes.

To resolve a complaint regarding the Service, please contact Provider via the “contact us” webpage located at http://www.Design-Girls.com/contact.

Modifications to Service.

Provider reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You understand and agree that Provider shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

Digital Millennium Copyright Act Notice.

Provider respects the intellectual property rights of others. Provider may, in appropriate circumstances and at its sole discretion, terminate the access of users who infringe the copyrights or intellectual property rights of others.
If you believe that your work has been copied and is accessible via the Service in a way that constitutes copyright infringement, or that the Service contains links or other references to another online location that contains material or activity that infringes your copyright, you may notify us by providing our copyright agent the information required by the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. § 512.
Our Agent for notice of claims of copyright infringement on or regarding our web site can be reached as follows:

BY MAIL: Copyright Agent, 295 Seven Farms Drive, Suite C-215 Daniel Island, SC 29492.
BY EMAIL: Tanya@Design-Girls.com
BY TELEPHONE: (877) 395-2050
BY FACSIMILE: (843) 377-8384

Please provide our Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if moltiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) 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
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Choice of Law and Forum.
1. Interpretation and enforcement of the Terms of Use shall be governed by the laws of the State of South Carolina without regard to its conflict of law provisions. Any action arising out of these Terms or your use of the Service shall be filed in either the Charleston County Court of Common Pleas or the Federal District Court for the District of South Carolina, Charleston Division, of which you agree to submit to the personal and exclusive jurisdiction.
Statute of Limitations.
1. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms or to the use of the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
General.
1. Unless otherwise explicitly stated, the Terms will survive termination of your account or use of the Service. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in foll force and effect.
2. The section titles in these Terms are for convenience only and have no legal or contractual effect.
Third-Party Beneficiaries. You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.