PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.
By using the LivingDesignandStaging.com website ("Site"), you signify your
agreement to these terms of use. If you do not agree to these terms of use, you
may not use the Site.
We reserve the right, at our sole discretion, to change,
modify, add, or delete portions of these terms of use at any time without notice
to you by posting revised Terms on
our sites. Your use of our sites constitutes
your binding acceptance of these Terms, including any modifications that we
make.
We have the right, but not the obligation, to take any of the following actions
in our sole discretion at any time and for any reason without giving you any
prior notice:
1.
Restrict,
suspend, or terminate your access to all or any part of our Services;
2.
Change, suspend,
or discontinue all or any part of our Services;
3.
Refuse, move, or
remove any material that you submit to our sites for any reason;
4.
Refuse, move, or
remove any content that is available on our sites;
5.
Deactivate or
delete your accounts and all related information and files in your account;
6.
Establish
general practices and limits concerning use of our sites.
You agree that we will not be liable to you or any third party for taking any of
these actions.
Content on our Site
Our site
includes a combination of content that we create, that our partners create, and
that our users create. All materials published on our sites, including, but not
limited to,
written content, photographs, graphics, images, illustrations,
marks, logos, sound or video clips, and Flash animation, are protected by our
copyrights or trademarks or those
of our partners. You may not modify, publish,
transmit, participate in the transfer or sale of, reproduce, create derivative
works of, distribute, publicly perform, publicly display,
or in any way exploit
any of the materials or content on our sites in whole or in part. We do not
guarantee the accuracy, the integrity, or the quality of the content on our
sites,
and you may not rely on any of this content.
Third-party sites, products, and Services
Our site may,
from time to time, contain links to other Internet sites owned by third parties.
Your use of each of those sites is subject to the conditions, if any, that each
of
those sites has posted. We have no control over sites that are not ours, and
furthermore, we are not responsible for any changes to or content on them. The
inclusion on our
sites of any third-party content or a link to a third-party
site is not an endorsement of that content or third-party site and any views
expressed on third-party sites are
not necessarily those of ours. Your
correspondence or related activities with third parties, including payment
transactions and goods-delivery transactions, are solely between
you and that
third party. You agree that we will not be responsible or liable for any loss or
damage of any sort incurred as the result of any of your transactions with third
parties.
Any questions, complaints, or claims related to any product or service
should be directed to the appropriate vendor.
Privacy policy
All of the
information that we collect from you, such as registration and credit card
information, is subject to our privacy policy.
Your conduct on our sites
If we request
registration information from you, you will provide us with true, accurate,
current, and complete information.
Without limiting the foregoing, you agree that you will not use our sites to
take any of the following actions:
1.
Defame, abuse,
harass, stalk, threaten, or otherwise violate the legal right of others;
2.
Publish, post,
upload, e-mail, distribute, or disseminate (collectively, "Transmit") any
inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful
content;
3.
Transmit files
that contain viruses, corrupted files, or any other similar software or programs
that may damage or adversely affect the operation of another person's
computer,
our sites, any software or hardware,
or telecommunications equipment;
4.
Advertise or
offer to sell any goods or services for any commercial purpose unless you have
our written consent to do so;
5.
Transmit
surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional
materials, or chain letters;
6.
Download any
file that you know or reasonably should know cannot be legally obtained in such
manner;
7.
Falsify or
delete any author attributions, legal or other proper notices or proprietary
designations or labels of the origin or the source of software or other
material;
8.
Restrict or
inhibit any other user from using and enjoying any public area within our sites;
9.
Collect or store
personal information about other end users;
10.
Interfere with
or disrupt our sites, servers, or networks;
11.
Impersonate any
person or entity, including, but not limited to, an On The Inside Design
representative, or falsely state or otherwise misrepresent your affiliation with
a person or entity;
12.
Forge headers or
manipulate identifiers or other data in order to disguise the origin of any
content transmitted through our sites or to manipulate your presence on our
sites;
13.
Take any action
that imposes an unreasonably or disproportionately large load on our
infrastructure;
14.
Engage in any
illegal activities.
Unauthorized access to our sites is a breach of these Terms and a violation of
the law. You agree not to access our sites by any means other than through the
interface that is
provided by Living Design and Staging for use in accessing our
sites. Use of our sites is subject to existing laws and legal process. Nothing
contained in these Terms
shall limit our right to comply with governmental,
court, and law-enforcement requests or requirements relating to your use of our
sites.
Indemnification
You hereby
agree to indemnify, defend and hold Living Design and Staging and all of our
officers, directors, owners, employees, agents, information providers,
affiliates,
partners, and licensors (collectively, "Living Design and Staging
parties") harmless from and against any and all liability, losses, costs, and
expenses (including attorneys' fees)
incurred by any Living Design & Staging
Party in connection with any claim, including, but not limited to, claims for
defamation, violation of rights of publicity and/or privacy,
copyright
infringement, or trademark infringement arising out of: 1. Your use of our
sites; 2. The content, the quality, or the performance of content that you
submit to our sites;
3. Your connection to our sites; 4. Your violation of these
Terms; or 5. Your violation of the rights of any other person or entity. We
reserve the right, at our own expense, to
assume the exclusive defense and
control of any matter for which you are required to indemnify us, and you agree
to cooperate with our defense of these claims.
DISCLAIMER
THE MATERIALS
IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE
PURSUANT TO APPLICABLE
LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND
NO INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS
ON THIS SITE WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE
ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE
MATERIALS ON
THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR, OR CORRECTION.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
We explicitly disclaim any responsibility for the accuracy, content, or
availability of information found on sites that link to or from this Site. We
cannot ensure that you will
be satisfied with any products or services that you
purchase from a third-party site that links to or from this Site or third-party
content on our sites. We do not endorse any
of the merchandise, nor have we
taken any steps to confirm the accuracy or reliability of, any of the
information contained in such third-party sites or content. We do not make
any
representations or warranties as to the security of any information (including,
without limitation, credit card and other personal information) you might be
requested to give
any third party, and you hereby irrevocably waive any claim
against us with respect to such sites and third-party content. We strongly
encourage you to make whatever
investigation you feel necessary or appropriate
before proceeding with any online or offline transaction with any of these third
parties.
LIMITATION OF LIABILITY
UNDER NO
CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES THAT RESULT
FROM THE USE OF, OR THE INABILITY TO USE, THIS SITE OR MATERIALS OR FUNCTIONS ON
THIS SITE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR
INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES,
LOSSES, AND CAUSES OF ACTION
WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR
$100 (WHICHEVER
IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED
TO THIS SITE.
TERMINATION
These terms of
use are effective until terminated by either you or us. You may terminate these
terms at any time by discontinuing use of this Site and destroying all materials
obtained from any and all such sites and all related documentation and all
copies and installations thereof, whether made under these terms of use or
otherwise. We may
immediately terminate these terms of use with respect to you
(including your access to this Site) without cause and without notice to you in
our sole discretion. Upon termination,
you must cease use of this Site and
destroy all materials obtained from such sites and all copies thereof, whether
made under these terms of use or otherwise.
PRIVACY POLICY
Overall privacy statement
We take your
privacy seriously. Because we gather certain types of information about our
users, we want to help you understand the terms and conditions surrounding the
collection and use of that information. This privacy statement discloses the
types of information we gather, how we use it, and how to correct or change it.
These privacy
practices apply to the Web site that you were viewing when you
clicked through to this policy, which is operated directly by us.
What information do we collect?
Our primary
goal in collecting personal information is to provide you with the best and most
useful content and services. Several of the services and features that we offer
on our sites require you to provide us with information. We collect personally
identifiable information, such as your name, email address, postal address, and
phone
number when you provide it to us. We may also receive information about
you from other sources and add it to the information you provided to us.
How do we use the information?
We use the
information we gather for the following purposes:
1.
To customize the
content you see;
2. To fulfill your requests for certain products and services,
such as sending out electronic communications to you;
3.
To send you information you
agreed to receive about topics we think will be of interest to you.
How do we share the information you provide?
We
do not share any information provided by you with any third parties. In no event
will the information provided by you be given, sold, leased, licensed or
otherwise
transferred to third parties for the purpose of delivering, sending or
providing to you any form of advertising or solicitation of goods or services by
said third parties.