1. Accepting These Terms

These Terms are a legally binding agreement between you and The Designer Dollhouse, LLC and explain your rights and responsibilities when you use TheDesignerDollhouse.com website and/or the other services provided by us. Our Terms apply to everyone and by using any of our Services, you’re agreeing to the Terms as well as our Privacy Policy. If you don’t agree with the Terms, you may not use our Services.

2. Responsibilities and Regulations

You’ll need to create an account with us to be listed as a Shop Owner and sell products through our platform. Below lists the Shop Owner Responsibilities and Regulations.

A. You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to have a Shop Owner account. You are responsible for any and all account activity conducted by a minor on your account.

B. Be honest with us and provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.

C. Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.

D. You are solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Accounts are generally not transferable.

E. These Terms do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and The Designer Dollhouse, LLC.

F. You must fill out a Vendor Application and be approved by our management team before creating an account to sell products on our platform.

3. Your Content

You retain intellectual property rights to any content you post using our Services. We do not make any claim to it, which includes shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc., and it remains Your Content for as long as you are on the platform.

A. You understand that you are solely responsible for Your Content and product listings. You agree that you have all necessary rights to all parts of Your Content and that you’re not infringing or violating any third party’s rights by posting it.

B. Uploading all Content associated with product listings, including but not limited to photos, descriptions, pricing, shipping, refunds, etc., is your responsibility and is not handled by The Designer Dollhouse, LLC.

C. By posting Your Content through our Services, you grant The Designer Dollhouse, LLC and, as authorized by us in its sole discretion, third parties (such as social media, blog posts, email newsletters, etc), a license to use it. We do not claim any ownership to Your Content, but we have your permission to use it to help The Designer Dollhouse, LLC function and grow. This way, we won’t infringe any rights you have in Your Content and we can help promote it. You also acknowledge and agree that The Designer Dollhouse, LLC may offer buyers promotions including discounts on the Site, from time to time, that may relate to your product listings.

D. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive a report of infringement that complies with our policies, or terminating your account if you are found to be a repeat infringer. We’ll notify you if any of that happens.

E. You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation of any part of our Terms. You also agree not to post any content that is false, misleading, or uses our services in a manner that is fraudulent or deceptive.

F. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires, and to meet applicable legal requirements in applicable jurisdiction(s). This includes the sale and delivery of your items. You may not sell anything that violates any laws and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against The Designer Dollhouse, LLC, another user, or a third party.

G. You are responsible for paying all fees that you owe to The Designer Dollhouse, LLC within 30 days of receipt. You are also responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services.

H. The Designer Dollhouse, LLC is the owner of pending, registered and/or unregistered trademarks, trade dress, and trade name, including The Designer Dollhouse name and logo, and all related names, logos, product and service names, designs and slogans. You agree to not use such marks without our prior written permission. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

I. You reserve the right to produce whatever your little heart desires (as long as it does not infringe on these Terms) and price it as you see fit. As a Shop Owner, you must create at least one item that is exclusive to and only sold on The Designer Dollhouse, LLC website. This item must be approved by our Itty Bitty Mini Committee prior to listing.

J. Shipping costs for products to customers or to The Designer Dollhouse, LLC are the responsibility of the Shop Owner.

K. You are responsible for handling communication and customer service directly with customers who place orders with you. We ask that you maintain a professional relationship which includes responding to inquiries in a timely manner, being respectful in correspondence, shipping promptly, and addressing any concerns that arise between you and the customer.

4. Play Nice

Since this is a platform dedicated to miniature artisans, you may find another shop sells something similar to what you are creating. In agreement of these Terms, we ask that you treat everyone with respect that you come into contact with including fellow Shop Owners, Customers, and Management when raising a concern. We also ask that you acknowledge we are a small community with similar passions and everyone reserves the right to create what they wish. We do our best to provide a variety of items for customers on the Site, but you may find another shop that sells a similar item to yours. It is at your discretion to modify, cancel, or continue selling your product as you see fit.

As a Shop Owner, you also agree to not do any of the following behaviors which would be detrimental to The Designer Dollhouse, LLC or any of its users. If you do, we reserve the right to investigate and prosecute violations to the fullest extent of the law.

Post, upload, publish, submit or transmit any Content that: (a) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading, or deceptive; (d) is defamatory, obscene, pornographic, vulgar, or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (g) promotes illegal or harmful activities or substances.

– Use, embed, display, any information regarding The Designer Dollhouse, LLC, including these Terms, logo, or any other proprietary information without prior written consent from us.
– Access or tamper with our system or platform in any way, including attempts to probe, scan, or test the vulnerability of the system or network or breach any security or authentication measures.
– Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by The Designer Dollhouse or any of its users or any other third party (including another user) used to protect the Terms.
– Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation to users of the platform unless you have their expressed written consent.

– Use any meta tags or other hidden text or metadata utilizing The Designer Dollhouse, LLC trademark, logo URL, or product name without our prior express written consent.
– Attempt to decipher, decompile, disassemble or reverse engineer any of the software or algorithms used to provide our services to users.
– Interfere with or try to disrupt our Services or the access of any user, host, or network, including sending a virus, overloading, flooding, spamming, mail-bombing, excessive requests to our site or platform, or other harmful computer code.
– Impersonate or misrepresent your affiliation with any person or entity.
– Violate any applicable law or regulation or encourage/enable any other third party to do any of the foregoing.

5. Communication

We welcome any feedback or ideas you may have. They can help us improve your experience and our Services. We waive the right to execute on or excuse any suggestions or ideas. Any ideas or other materials you submit to us (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

By using our Services, you’re agreeing that we can send you information electronically (such as by email) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper.

6. Room For Growth

The Designer Dollhouse, LLC reserves the right to expand and grow the Site as we see fit. This includes creating new offers for customers (such as courses, tutorials, digital products, etc.) and/or new tools for Shop Owners to use.

We do our best to provide a variety of items for customers on the Site, but you may find another shop that sells a similar item to yours. It is at your discretion to modify, cancel, or continue selling your product as you see fit.

7. Termination

Sometimes things just don’t work out, and you reserve the right to terminate your account at any time if you so desire. Terminating your account will not affect the availability of some of Your Content that you posted through the Services prior to termination, and any outstanding fees will still need to be paid. If you wish to terminate your account, please contact us at hello@thedesignerdollhouse.com.

We also reserve the right to terminate or suspend your account (and any accounts we determine are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services. Generally, we will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.

If you or The Designer Dollhouse, LLC terminates your account, you may lose any information associated with your account, including Your Content.

The Designer Dollhouse, LLC reserves the right to change, suspend, or discontinue any of the Services for you, any or all users, at any time, for any reason, including those laid out in these Terms. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.

The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.

8. Indemnification (and What Happens If You Get Us Sued)

We hope this never happens, but if The Designer Dollhouse, LLC gets sued or receives a claim, notice, or demand because of something that you did (or failed to do), you agree to defend and indemnify us. That means, without limitation, you’ll defend, reimburse, compensate, and hold The Designer Dollhouse, LLC (including any of our employees, officers, directors, agents, subsidiaries, and affiliates) harmless from any allegation, claim, demand, lawsuit, loss, liability, or expense of any kind (including reasonable attorneys’ fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, items you buy or sell through the Services, and/or your actual or alleged violation of any law or any third party’s rights. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.

9. Disputes with Other Users

If you find yourself in a dispute with another user of our Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably. In our sole discretion, The Designer Dollhouse, LLC will attempt to help you resolve disputes in good faith, but we will not make judgments or determinations regarding legal issues or claims. The Designer Dollhouse, LLC has no obligation to resolve or to assist in resolving any disputes. Furthermore, you release The Designer Dollhouse, LLC from any claims, demands, and damages arising out of disputes with other users or third parties.

10. Arbitration Agreement

If you’re upset with us, let us know, and we’ll work together in good faith to resolve your issue. If we can’t work it out, you and The Designer Dollhouse, LLC (including our employees, officers, directors, agents, subsidiaries, and affiliates) agree to submit disputes exclusively to binding individual arbitration, and we won’t sue each other in court before a judge or jury.

Before filing arbitration, you and The Designer Dollhouse, LLC will attempt in good faith to resolve any dispute informally. To initiate the dispute process, send an individualized written notice (“Notice of Dispute”) to hello@thedesignerdollhouse.com that includes (1) your name, phone number, username, shop name (if applicable), and account email, and (2) a description of the dispute and your desired resolution.

If The Designer Dollhouse, LLC has a dispute with you, we will send a Notice of Dispute with the same information to your account email.

Once a complete Notice of Dispute is received, the recipient has 60 days to investigate the claims. If either side requests a settlement conference during this period, both parties will schedule a phone or videoconference meeting. Each party will personally participate and may bring counsel; however, the conference must be individualized, even if the same firm represents multiple parties.

For the claims in the Notice of Dispute, any statute of limitations will be tolled from the date the notice is received until the later of (i) 60 days, or (ii) after a timely requested settlement conference is completed (“Informal Resolution Period”). Arbitration cannot be filed until the Informal Resolution Period has ended, and a court may enjoin the filing or prosecution of an arbitration that breaches this Section.

To initiate arbitration, either you or we must file an arbitration demand with the American Arbitration Association (“AAA”). Serve The Designer Dollhouse, LLC with an arbitration demand by mail at: The Designer Dollhouse, 7050 W. Palmetto Park Rd., Boca Raton, FL 33433-3426. If the AAA cannot or will not administer the arbitration, you and we will select another provider (if we can’t agree, a court will choose the provider).

The arbitration will be conducted in English by a single arbitrator. The arbitration hearing (if any) will be held via video conference unless either party requests an in-person hearing and the arbitrator agrees. If an in-person hearing is required, it will be held in the county where The Designer Dollhouse, LLC is located or as determined by the arbitrator.

The arbitration will be decided under AAA’s Consumer Arbitration Rules, as modified by this Agreement. If you are using the Services as a business and the claims exceed $75,000, the AAA’s Commercial Arbitration Rules will apply. The arbitrator shall apply governing law, and any counsel must comply with Federal Rule of Civil Procedure 11(b). The arbitrator may impose any sanctions available under the AAA Rules, Rule 11, or other applicable law. The arbitrator also shall enforce statutes of limitations and other time-based defenses, offers of judgment/compromise, and fee-shifting rules as a court would.

The arbitrator will have exclusive authority to resolve all issues, except that a court has exclusive authority over issues related to the arbitrability of a dispute, the enforceability of any part of this Section 11 (Arbitration and Dispute Resolution Agreement), and either party’s compliance with Section 11.C (Informal Dispute Resolution). Except as provided in Section 11.F (Batch Arbitration), the arbitrator may award damages and other relief only in favor of the individual claimant, and only as necessary to resolve the claimant’s individual claims. The arbitrator will not be bound by decisions reached in other arbitrations. The arbitrator’s award is final and binding on you and The Designer Dollhouse, LLC, and judgment on the award may be entered in any court with jurisdiction.

All filing, case-management, administrative, hearing, and arbitrator fees (“Arbitration Fees”) will be governed by the AAA’s rules and fee schedules unless otherwise specified in this Arbitration Agreement.

To ensure efficient resolution, if within a 90-day period, 25 or more claimants submit Notices of Dispute or file arbitrations raising similar claims and are represented by the same or coordinated counsel, the disputes will be arbitrated in batches of up to 50 claimants each (“Batch”). Upon notice from either side, the AAA will group the claimants into: (1) a single Batch (if there are 25-50 claimants), or (2) Batches of 50 claimants each, with a smaller, final Batch for any remaining claimants (if there are more than 50 claimants). The AAA will provide for each Batch’s resolution as a single consolidated arbitration with one arbitrator, one set of Arbitration Fees, and one hearing (if any) per Batch to be held via videoconference (or at a location decided by the arbitrator). The parties will cooperate to implement this process and minimize arbitration costs and time. Any challenges to administrative determinations by AAA will be heard by a single process arbitrator. If this Section 11.F is deemed unenforceable for a particular claimant or Batch, it will be severed, and those parties shall arbitrate in individual proceedings.

11. Changes to the Terms

We may update these Terms from time to time, including adding new terms or removing existing ones. If the changes are material, we’ll notify you in advance by posting the changes on the Services and/or emailing you about the updates. Your use of the Services after the effective date of the changes constitutes acceptance of the updated Terms. If you disagree with the changes, you may terminate your account.

12. Contact Information

If you have any questions about these Terms, please email us at hello@thedesignerdollhouse.com.

*Last updated on Sept 13, 2024*