Welcome to Design Within Reach!
Design Within Reach and its affiliated brands, including Design Within Reach Contract (“Design Within Reach,” or “we” or “us”) provides this and other websites, including applications and other online services accessible through various desktop, tablet and mobile web browsers from time to time, (collectively called “Sites”) subject to your compliance with these Terms of Use.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITES.
These Terms of Use constitute an agreement between Design Within Reach and you, and we recommend that you print a copy of them for your records.
By using the Sites, you affirm you are able and legally competent to agree to and comply with these Terms of Use. If you disagree with these Terms of Use or if you are not legally competent to agree to them, then you may not use the Sites. Please note that these Terms of Use contain provisions that govern the resolution of claims between Design Within Reach and you.
Copyright Policy
If you believe your copyright on any material has been infringed on Design Within Reach’s site, please contact Design Within Reach’s Agent for Notice of Claims of copyright infringement by sending an email to [email protected]. You must do the following:
• Identify the copyrighted work that you claim has been infringed;
• Identify the material on Design Within Reach’s site that you claim is infringing, with enough detail so that we may locate it on the site;
• Provide your address, telephone number and email address;
• Provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• Provide a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
• Declare under penalty of perjury that (a) the above information in your notice is accurate and (b) you are the owner or its agent of the copyright interest involved or otherwise authorized to act on behalf of that owner, then provide your physical or electronic signature
Upon receiving and verifying the validity of your complaint, Design Within Reach may remove content that you allege infringes your copyright.
All other trademarks, product names, designer names and company names are the property of the respective owners as identified herein, and reference thereto does not suggest any affiliation or endorsement by those respective owners. DWR and its products are not affiliated with or endorsed by the Museum of Modern Art (MoMA).
Privacy and Security
Please review our Privacy Policy, which is incorporated into these Terms of Use and also governs your use of the Sites. To the extent there is a conflict between the terms of the Privacy Policy and these Terms of Use, the Terms of Use govern. Information security is important to Design Within Reach. We have established appropriate physical, electronic and managerial safeguards to protect the information that we collect from and about our users. Design Within Reach does, however, reserve the right at all times to disclose any information as Design Within Reach deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
Changes
Design Within Reach reserves the right, at any time, to change these Terms of Use, our Privacy Policy and the Sites. Your use of the Sites following any such change constitutes your agreement to follow and be bound by the Terms of Use an Privacy Policy as revised. The revised Terms of Use and Privacy Policy supersede all previous versions, notices or statements regarding the Sites. If we request, you agree to sign a hard-copy version of these Terms of Use. We will notify you of any change to these Terms of Use by updating the "Last Updated" date at the top of this webpage.
Intellectual Property Rights
The Sites contain valuable trademarks and service marks owned and used by Design Within Reach, including but not limited to, Design Within Reach, the Design Within Reach design logo, and the tag line "The Best in Modern Design" (collectively called “Design Within Reach Marks”). Any use of Design Within Reach Marks without prior written permission from Design Within Reach is strictly prohibited. The arrangement and layout of the Sites, including but not limited to Design Within Reach Marks, images, text, graphics, buttons, screenshots, music, digitally downloadable files and other content or material (collectively called "Site Content") are the sole and exclusive property of Design Within Reach.
UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITES IS PROHIBITED.
Design Within Reach uses a network of independent product and content suppliers, distributors and other such third parties to supply some of the products and content advertised on the Sites. All other trademarks, service marks, product names, package designs and company names or logos associated with these product and content suppliers, distributors and other such third parties that are not owned by us but appear on the Sites are the property of their respective owners. For claims of copyright infringement, please see our Copyright Policy.
User-Generated Content
From time to time, the Sites permit the submission of content such as comments, blogs and product reviews generated by you and other users (collectively called “User Content”).
You are solely responsible for your own User Content and the consequences of posting or publishing it. Any User Content or other material, information or ideas that you submit to or post or publish on the Sites is non-confidential and non-proprietary.
By submitting User Content, you represent and warrant to Design Within Reach that: (i) your User Content does not violate any copyright, trademark, trade secret, patent or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation; (ii) you own or have the legal right to use and authorize Design Within Reach to use your User Content, including written consent to use of any product or the name, voice, likeness or any other applicable personal rights of each identifiable person featured or referenced in your User Content; and (iii) your User Content does not violate Design Within Reach’s Acceptable Use Policy set forth below.
As between you and Design Within Reach, you will retain all of your ownership rights in and to your User Content. By submitting User Content to Design Within Reach, you hereby grant to Design Within Reach a perpetual, worldwide, non-exclusive, irrevocable, royalty-free, sublicensable (through multiple tiers) and transferable right and license to use, reproduce, distribute, edit, modify, translate, reformat, prepare derivative works based upon, display publicly, perform publicly and otherwise exploit (including but not limited to over the internet, broadcast television or any other uses or media) your User Content, in whole or in part, including future rights that Design Within Reach (or its successor) may otherwise become entitled to that do not yet exist, as well as new uses, media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed. You also hereby grant each user of the Sites a non-exclusive license to access your User Content through the Sites and to use, access, watch, reproduce, distribute, transmit, forward, display and perform such User Content in whole or in part, to the extent permitted by the Sites under these Terms of Use.
Design Within Reach does not endorse any User Content or any opinion, recommendation or advice expressed therein. Design Within Reach reserves the right but is not obligated to monitor User Content or other content sent to or through the Sites. Design Within Reach has the right to refuse, remove, edit or delete any User Content and terminate any user’s access to the Sites for any reason. Design Within Reach takes no responsibility for User Content.
Social Media Tag Usage
BY USING #DWRHOME, #YESDWR #YESDWRC #MYDWR, @DESIGNWITHINREACH AND ANY OTHER SIMILAR SOCIAL MEDIA TAG IN ANY WAY RELATED TO ANY OF THE SITES, EACH USER AGREES TO PROVIDE DESIGN WITHIN REACH WITH AN UNRESTRICTED, IRREVOCABLE, ROYALTY-FREE, PERPETUAL, FULLY PAID-UP, TRANSFERABLE, WORLDWIDE LICENSE TO USE THE UPLOADED IMAGE(S) IN ANY AND ALL MARKETING MATERIALS, ON DWR’S WEBSITES AND THROUGH ALL SOCIAL MEDIA CHANNELS. EACH USER REPRESENTS AND WARRANTS THAT UPLOADED IMAGES DO NOT INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO COPYRIGHTS AND TRADEMARK RIGHTS.
Acceptable Use Policy
By submitting User Content and otherwise using the Sites, you agree not to: (i) submit any User Content that is protected by or otherwise subject to any third party intellectual property or proprietary rights (including any privacy and publicity rights) unless you own or have permission from the rightful owner of such rights to post such User Content and to grant Design Within Reach all of the rights granted herein; (ii) upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful or racially, ethnically or otherwise objectionable; (iii) use the Sites to harm any person or entity, including Design Within Reach; (iv) impersonate any person or entity, including but not limited to a representative of Design Within Reach, or falsely state or otherwise misrepresent your affiliation with a person or entity; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted to or through the Sites; (vi) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail or any other form of solicitation; (vii) upload, post, email or otherwise transmit any content that contains computer viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of the Sites or any other computer software or hardware or telecommunications equipment; (viii) intentionally or unintentionally violate any applicable local, state, national or international laws, rules or regulations, including but not limited to those promulgated by the U.S. Federal Trade Commission and Securities and Exchange Commission; (ix) collect, store or use personal information about other users of the Sites without their consent; (x) use the Sites (including through submission of User Content) to disparage or make unsubstantiated claims about any person, third party or their products or services; (xi) use any of the Sites in any manner that could overburden or impair any of the Sites or the networks or systems connected to the Sites; or (xii) use any device, software or instrumentality to interfere with the proper working of the Sites or disobey any requirements, procedures, policies or regulations of networks connected to the Sites. You also agree that you will not violate or attempt to violate the security of the Sites. Violations of system or network security may result in civil or criminal liability. Design Within Reach reserves the right to investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users who have participated in such violations.
DWR’s SMS Terms & Conditions
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DWR respects your right to privacy. You can view our privacy policy here.