Effective Date: June 4th, 2015
Last Modified: June 4th, 2015
Contract between You and Us, Amendments and Termination
Supplemental terms and conditions may apply to some Services. Any such supplemental terms and conditions will be disclosed to you in connection with the service, activity, content or software to which they relate. Any supplemental terms and conditions are in addition to these Terms and, in the event of a conflict, these Terms will prevail.
We may amend these Terms at any time by posting the amended terms on our website.Your use of the Services after the posting of such amended terms shall be deemed to constitute your acceptance of the amended Terms. If you do not agree to any amended terms, you must discontinue use of the Services.
We may immediately terminate these Terms with respect to you (including your access to the Services) if you fail to comply with any provision of these Terms. We may also terminate these Terms at any time, for any reason, and without any requirement of notice to you.
Our products and services made available through the Services primarily consist of, but may not be limited to, interior design services (“Design Services”) and also the retail sale of furniture, furnishings and other consumer decorative products (collectively, “Products”), which Products may be purchased by us from third parties on your behalf. Information regarding the fees and prices for Design Services, Products and any other fee-based Services will be made available through our website. In the event you desire to order Services for which a fee or price is charged, you agree to pay for such Services at the time and point of sale through Vavaroom’s website at the then current fee or price charged for such Services. We also may charge to you applicable sales and/or use taxes for Services you purchase from us at the time and point of sale, as well as shipping or freight costs necessary or incidental to coordinate the physical delivery of Products to you or to their end destination, which taxes and costs you agree to pay. You agree to inspect all Products purchased using the Services at the time of delivery, and to refuse delivery of any Products that appear to you, or whose packaging appears to you, to be physically damaged or defective. You acknowledge and agree that your failure to comply with the preceding sentence may void or render ineffective or unusable any return and refund policies applicable to Products, or cause increased burden and/or delay in coordinating the return of damaged or defective Products and any applicable refunds.
With respect to Design Services, no refunds shall be given to you in the event of any dissatisfaction with the Design Services or the performance thereof, and all such Design Services sales are final at the time of sale.
With respect to any Products you purchase using the Services that originate from or are sold by third parties, we will collect the sales price for such Products from you at the time and point of sale, and then place your order with such third parties for the applicable Products. You should be aware that with respect to any Products purchased by you using the Services from third parties, the terms and conditions of sale of the applicable third parties apply to those purchase and sale transactions, including their refund policies, shipping policies and policies concerning payment of shipment, freight and return costs. It is your responsibility to determine and comply with all such third party policies.
With respect to any Products you purchase using the Services that originate from or are sold by us, no refunds shall be given to you with respect to such Products except in the event such Products are incorrect or in a defective condition at the time of delivery, and provided you have notified us within three (3) days of delivery of such Products, and provided further you agree to return such incorrect or defective Products to us or to our designee within such three (3) day time period.
While we strive to offer competitive pricing for Products, we are unable to make any representations, warranties or guaranties to you that the prices you pay for Products using the Services are or will be the best available prices for those Products at the time of sale, and accordingly we disclaim any and all such representations, warranties and guaranties.
We may provide you with credit to your account for use in purchasing certain Products. Such credit only applies to non-discounted, non-sale items and may only apply to Products originating from particular vendors and/or Products at or above a particular sales price or collective sales price for purchases of multiple Products.
The Services are our copyrighted property or the copyrighted property of our licensors or licensees and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the Services are owned by us or our licensors or licensees. Except as we specifically agree in writing, no element of the Services may be used or exploited in any way other than as part of the Services offered to you. You may own the physical media on which elements of the Services are delivered to you, but we retain full and complete ownership of the Services. We do not transfer title to any portion of the Services to you through or in connection with your use of the Services.
If a Service is configured to enable the use of software, content, virtual items or other materials owned by or licensed to us, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use such software, content, virtual item or other material for your personal, noncommercial use only.
You may not copy, modify, decompile, reverse engineer, disassemble any Service or otherwise reduce any Service to a human-readable form; remove identification, copyright, trademark, service mark or other proprietary notices; or access or use any Service in an unlawful or unauthorized manner.
User Generated Content
The Services may allow you to communicate, submit, upload or otherwise make available text, images, photos, audio, video, or other content (collectively, “User Generated Content”), which may be accessible and viewable by us and the public. You may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
We do not claim ownership to your User Generated Content; however, you grant us a non-exclusive, sub-licensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised, in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
You represent and warrant that your User Generated Content conforms to these Terms and that you own or have the necessary authority, rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these Terms. You agree to indemnify and hold us harmless from any demands, loss, liability, claims or expenses (including attorney’s fees) made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content.
We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through a Service, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these Terms, without prior notice to you.
The Services may permit or require you to create an account to participate or to secure additional benefits. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian.You agree that we may take steps to verify the accuracy of information you provide. We may suspend or terminate your account and your ability to use the Services if you engage in, encourage or advocate for illegal conduct, or if you fail to comply with these Terms or any supplemental terms.
Passwords and Security
You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving the Services.
Claims of Copyright Infringement
We take copyright infringement seriously, and have registered a Designated Agent with the United States Copyright Office pursuant to the Digital Millennium Copyright Act (“DMCA”). If you believe that your copyright has been infringed, please send us a notice to the following address containing the elements required under the DMCA:
Lotus Trading Company, Inc., d/b/a Vavaroom Attn: Designated Agent 165 New Hampshire Avenue Southern Pines, NC 28387 Telephone: (910) 693-1133 E-mail: email@example.com
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS WITH RESPECT TO THE SERVICES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION FOR OR ARISING FROM YOUR USE OF A PARTICULAR SERVICE EXCEED THE GREATER OF: (i) ONE HUNDRED AND NO/100 DOLLARS ($100.00); OR (ii) THE AMOUNT OF FEES, IF ANY, YOU HAVE PAID TO US FOR USE OF THE SERVICES OVER THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE OCCURRENCE OF THE APPLICABLE DAMAGE OR LOSS, OR ACCRUAL OF THE CAUSE OF ACTION. THESE DISCLAIMERS AND LIMITATIONS DO NOT PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAWS.
In the event any one or more provisions of these Terms shall, for any reason, be held to be invalid, illegal, or unenforceable, such invalidity, illegality or unenforceability shall not affect any other provision of these Terms, and these Terms shall be interpreted and construed as if such invalid, illegal or unenforceable provision had never been contained therein.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent.We may freely assign our rights and/or obligations under this Agreement to any other party at our discretion.
No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Governing Law and Venue
These Terms will be governed by the laws of the State of North Carolina and applicable federal laws. You agree that any action at law or in equity arising out of or relating to these Terms or the Services shall be filed, and that venue properly lies, only in the state or federal courts located in Moore County, North Carolina, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.