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Intellectual Property Rights and Restrictions
The Site and all of the content now or hereafter included thereon, including without limitation, all photographs, images, designs, text, articles, publications, catalogs, digital downloads, product information, software, code, technology, data, video and audio, graphics, logos, icons, slogans, trade names, product/service names, trademarks, service marks, domain names, and the "look and feel", design, selection and arrangement of the Site as a collective work and/or compilation (collectively the "Content") are protected by United States and international laws regarding copyrights, trademarks, trade dress, unfair competition and other intellectual property or proprietary rights and are owned or licensed, as the case may be, by The Shade Store, except to the extent otherwise expressly indicated or attributed in the Content. You must abide by all copyright notices, trademark notices, attribution information, or restrictions contained in any Content accessed through the Site. No right relating to any intellectual property of The Shade Store or any other party is transferred to you or any other person as a result of your or their access to or use of this Site. In addition to the foregoing, the trademarks, logos and service marks of The Shade Store shall not be used in connection with any product or service that is not expressly authorized by The Shade Store or in any manner that is likely to cause consumer confusion or in any manner that disparages or discredits The Shade Store.
Site Access; Limited License
The Shade Store grants you a non-exclusive, non-transferable, revocable, limited right to access, use and display the Site and its Contents for your personal, noncommercial (other than for the purchase of merchandise from The Shade Store) use only. Except as otherwise provided herein, you may not copy, reproduce, modify, create derivative works from, publicly display or perform, publish, republish, transfer, sell, download (other than page caching on your web browser), store, transmit, distribute or exploit this Site, the Contents, any materials downloadable therefrom, or any related software, without the express prior written consent of The Shade Store. Any other use of the Content is strictly prohibited. Except with respect to product orders placed by designers, architects and other commercial groups by virtue of the "to the trade" portal on the Site ("Trade Partners"), you must not reproduce, resell, or otherwise exploit for any commercial purposes any products or services provided on or through this Site or any Content; provided, however, that in no event shall any Trade Partner represent itself as The Shade Store, carry on its business in a manner that is likely to cause consumer confusion with respect to The Shade Store products and/or services, or otherwise use The Shade Store's trademarks, service marks, trade names, trade dress, logos or other intellectual properties in connection with any Trade Partner product or service. All use of the Site and downloading of Content is at your own risk.
Changes to Site
We expressly reserve the right, with or without notice to you, to change, suspend, discontinue and/or restrict the Site or any portion or aspect thereof (including site maps, menu structures, access procedures, buttons, and/or any products, services, catalogs, publications, digital downloads, data or other information contained or available on the Site) at any time, for any reason, and without liability to you.
• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site or otherwise use any device, software or routine that interferes with the proper working of the Site.
• Use any robot, spider or other automatic device, process or means to access the Site or to obtain user or other information from the Site (including, without limitation, any information residing on any server or database connected to the Site).
• Use any manual process to monitor or copy any of the Content on the Site or for any other unauthorized purpose without our prior written consent.
• Introduce any viruses, trojan horses, worms, code, or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, hack into, attack, decrypt, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
• Attempt to decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Site.
The Site may link to Internet websites and resources operated by third parties. The inclusion of any link to such websites does not imply the endorsement, affiliation or recommendation by The Shade Store of such other website(s), and is for your reference and convenience only. The Shade Store has no control over such other websites or their policies and expressly disclaims all responsibility or liability in connection therewith. Linking to any third party website is at your own risk and subject to the terms and conditions of use and privacy policies of such third party website(s), which you should review carefully before engaging in any transactions or provide information on such website(s).
No linking to this Site is permitted without the express written permission of The Shade Store.
Colors and Textures
The Shade Store attempts to assure that the display of the colors and textures of our products that appear on the Site as accurate as reasonably possible. However, as the actual colors and textures you see will depend on your monitor and printer, we cannot guarantee that your monitor's display of any color will be 100% accurate.
The Shade Store does not guarantee that the information or Content contained on this Site will not contain errors, inaccuracies or omissions. From time to time there may be information on the Site that contains typographical errors, inaccuracies and/or omissions that may relate to colors, product descriptions, pricing, availability or other Content on this Site. The Shade Store reserves the right to correct any errors, inaccuracies or omissions and to change or update information or Content at any time, each without prior notice to you (including prior to fulfilling any order that you may have submitted). Further, The Shade Store reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is canceled, The Shade Store will promptly issue a credit to your credit card. If you have you have any questions or in the unlikely event encounter such an experience, please contact our Customer Service Department at 1.800.754.1455 or email email@example.com.
These content standards (the "Content Standards") apply to any and all User Generated Content. Without limiting the foregoing, User Generated Content must not:
• contain any material which is libelous, defamatory, obscene, pornographic, indecent, hateful, inflammatory or otherwise illegal;
• be threatening, abusive, or disruptive to The Shade Store or users of the Site (including without limitation repetitive, meaningless or harassing messages, personal attacks, etc.) or cause injury, embarrassment or harm to any person or entity.
• abuse or discriminate on the basis of race, religion, nationality, gender, sexual orientation, age, disability, etc.
• infringe the intellectual property rights, including without limitation copyrights and trademarks, of any other person or entity;
• use another person's name or impersonate or attempt to impersonate another person or entity, The Shade Store or any of its representative, or use a fake or alternative identity that is misleading or is for a deceptive purpose;
• violate any applicable law or violate the rights of any other person or entity;
• contain any software viruses, political campaigning, chain letters, mass mailings, "worms" or constitute any form of "spam" or other communication in violation of the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act); or
• promote, offer or advertise the products or services of any person or entity other than The Shade Store, involve commercial activities or commercial solicitations, or the solicitation of any funds or consideration.
User Identity and Privacy
Disclaimer of Warranties
THIS SITE IS PROVIDED BY THE SHADE STORE ON AN "AS IS", “AS AVAILABLE” BASIS. YOUR USE OF THE SITE, ITS CONTENTS, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK AND, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE SHADE STORE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND THE INFORMATION, CONTENT, SERVICES, OR PRODUCTS AVAILABLE FROM THIS SITE, OR THAT THE SITE WILL BE SECURE, ACCURATE, RELIABLE, ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE SHADE STORE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND THE INFORMATION, CONTENT, SERVICES, OR PRODUCTS AVAILABLE FROM THIS SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE SHADE STORE, ITS AFFILIATES, AND THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, STRATEGIC PARTNERS, AGENTS AND/OR EMPLOYEES SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS SITE OR ANY INFORMATION, CONTENT, SERVICES, OR PRODUCTS AVAILABLE FROM THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
Choice of Law; Jurisdiction
Terms of Sale
The terms of sale with regard to the placement of orders and the purchase of window treatments or other products from The Shade Store through the Site are governed by the Terms of Sale and other purchase-related policies available on the Site, such as the "Limited Warranty" and "Shipping + Handling" , which are in effect at the time of purchase.
Promotions and Sales
From time to time, The Shade Store may offer different sales and/or promotions upon such terms as are provided in connection therewith. Unless otherwise expressly provided in such specific promotion or sale terms, promotions cannot be combined with other promotions or sales, and any exclusive promotion can only be used by the recipient of the exclusive promotion. Promotional codes are only valid on a 'per order basis' and thus attempting to apply the same promotional code to multiple orders is not allowed.
When we receive proper notification of alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material and it is our policy to terminate the user accounts of repeat infringers. Please direct all such notifications to: firstname.lastname@example.org and insert "Re: Copyright Violation" in the subject line header of the email.
VENTANA COLLECTION™ IS A TRADEMARK AND SUNBRELLA® IS A REGISTERED TRADEMARK OF GLEN RAVEN, INC.
© 2006-2015 THE SHADE STORE, LLC. ALL RIGHTS RESERVED.
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