CONDITIONS AND TERMS FOR THE WEBSITE:
Introduction:
These terms and conditions govern your use of Decorating-Kid-Rooms.com (owned and operated by Carpenter Designs of Newton LLC) herein referred to as Decorating Kid Rooms; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 13 years of age to use this website. By using this website (and by agreeing to these terms and conditions) you warrant and represent that you are at least 13 years of age.
License to use website unless otherwise stated:
Decorating Kid Rooms and/or its licensors own the intellectual property rights in the website and material on the website. All these intellectual property rights are reserved subject to the license below.
You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
Republish material from this website (including republication on another website); sell, rent or sub-license material from the website; show any material from the website in public; reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose; edit or otherwise modify any material on the website; or redistribute material from this website (except for content specifically and expressly made available for redistribution and so stated).
Acceptable use:
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is harmful, illegal, fraudulent or unlawful or in connection with any fraudulent, illegal, unlawful or harmful purpose or activity.
You must not use this website to host, send, copy, transmit, use, publish, distribute or send any material which consists of (or is linked to) any trojan horse, worm, keystorke logger, spyware, computer virus, rootkit or other malicious computer software.
You must not conduct any automated or systematic data collection activities (including without limitation data extraction, data scraping, data harvesting ,and data mining) on or in relation to this website without Decorating Kid Rooms' express written consent.
You must not use this website to send or transmit unsolicited commercial communications. You must not use this website for any purposes related to marketing without Decorating Kid Rooms' express written consent.
Restricted access:
Access to certain areas of this website may be restricted. Decorating Kid Rooms reserves the right to restrict access to areas of this website, or indeed this entire website, at Decorating Kid Rooms' discretion.
If Decorating Kid Rooms provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that you keep the user ID and password confidential. Decorating Kid Rooms may disable your user ID and password in Decorating Kid Rooms' sole discretion without explanation or notice.
User content:
In these terms and conditions, 'your user content' means material (including without limitation images, video material, text, audio visual material and audio material) that you submit to this website, for whatever purpose.
You grant to Decorating Kid Rooms a worldwide, irrevocable, non-exclusive, royalty-free license to use, adapt, translate, publish, reproduce, and distribute your user content in any existing or future media. You also grant to Decorating Kid Rooms the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be unlawful or illegal, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Decorating Kid Rooms or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Decorating Kid Rooms reserves the right to remove or edit any material submitted to this website, or stored on Decorating Kid Rooms' servers, or published or hosted upon this website.
Notwithstanding Decorating Kid Rooms' rights under these conditions and terms in relation to user content, Decorating Kid Rooms does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
No warranties:
This website is provided 'as is' without any warranties or representations, expressed or implied. Decorating Kid Rooms makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Decorating Kid Rooms does not warrant that: this website will be constantly available, or available at all; or the information on this website is accurate, true, complete or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any decorating project or other matter you should consult an appropriate professional.
Liability Limitations:
Decorating Kid Rooms will not be liable to you in relation to the use of, or contents of, or otherwise in connection with, this website: to the extent that the website is provided free-of-charge, for any direct loss; for any special, indirect or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of data or information.
These limitations of liability apply even if Decorating Kid Rooms has been expressly advised of the potential loss.
Exceptions:
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Decorating Kid Rooms' (owned and operated by Carpenter Designs of Newton LLC) liability in respect of any: death or personal injury caused by Decorating Kid Rooms' (owned and operated by Carpenter Designs of Newton LLC) negligence; fraud or fraudulent misrepresentation on the part of Decorating Kid Rooms (owned and operated by Carpenter Designs of Newton LLC); or matter which it would be illegal or unlawful for Decorating Kid Rooms (owned and operated by Carpenter Designs of Newton LLC) to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness:
By using this website, you agree that the limitations and exclusions of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
Other parties:
You accept that, as a limited liability entity, Decorating Kid Rooms has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Decorating Kid Rooms officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of liability and warranties set out in this website disclaimer will protect Decorating Kid Rooms' officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Decorating Kid Rooms (owned and operated by Carpenter Designs of Newton LLC).
Unenforceable provisions:
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity:
You hereby indemnify Decorating Kid Rooms and undertake to keep Decorating Kid Rooms indemnified against any losses, costs, damages, expenses and liabilities (including without limitation legal expenses and any amounts paid by Decorating Kid Rooms to a third party in settlement of a claim or dispute on the advice of Decorating Kid Rooms legal advisers suffered or incurred by Decorating Kid Rooms arising out of any breach by you of any provision of these conditions and terms, or arising out of any claim that you have breached any provision of these conditions and terms.
Breaches of these conditions and terms:
Without prejudice to Decorating Kid Rooms' other rights under these terms and conditions, if you breach these terms and conditions in any way, Decorating Kid Rooms may take such action as Decorating Kid Rooms deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation:
Decorating Kid Rooms may revise these terms and conditions from time-to-time. Revised conditions and terms will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment:
Decorating Kid Rooms may transfer, sub-contract or otherwise deal with Decorating Kid Rooms rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability:
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement:
These terms and conditions, and any related legal or contractual documents, constitute the entire agreement between you and Decorating Kid Rooms (and Carpenter Designs of Newton LLC) in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Jurisdiction and Law:
These terms and conditions will be governed by and construed in accordance with the State Of North Carolina, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts in the county of registration in North Carolina.