Terms of Use
Terms of Use
Welcome to DreamDrapes.com (the “Site”, “Dream Drapes” or “DreamDrapes.com”), owned and operated by RL Fisher. Your use of this Site demonstrates your acceptance of the following terms. If you do not agree to these Terms, in whole or in part, please DO NOT use this Site.
Privacy
Please review our Privacy Policy to understand our practices.
Security & Passwords
Please review our Security Policy to understand your rights and our commitment to your security when using our Site. Dream Drapes may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and RL Fisher has no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify Dream Drapes of any unauthorized use of your password or identification or any other breach or threatened breach of this Site's security.
Our Electronic Communications to You
You agree to receive communications from us electronically. We may choose to communicate with you by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Copyright & Trademarks
This Site and its contents are intended for your personal use. Unless otherwise noted, all content on this site, including text, graphics, logos, button icons, images, audio clips, and software, is the property of RL Fisher and protected by United States and international copyright laws. All software used on this site is the property of RL Fisher and protected by United States and international copyright laws. Third Party content providers also own copyrights in the content original to it. You may not modify, publish, adapt, transmit, participate in the transfer or sale, exhibit, distribute, display, reverse engineer, de-compile, dissemble, perform, reproduce, create derivative works from, or in any way exploit any of the site content, on this site, in whole or in part. You may download or copy one copy of the site content for personal, noncommercial use only, provided that no changes in or deletion of author attribution, trademark, legend, copyright notice, or other proprietary notices shall be made. Downloading or copying site content for other than personal, noncommercial use is expressly prohibited without the prior written permission of us or any other copyright owner. You acknowledge that you do not acquire any ownership rights by downloading or copy any of the product listings, descriptions, or prices, nor may you frame or utilize framing techniques to enclose any trademark, logo, or copyrighted material from the site or use any meta tags or any other hidden text utilizing our names or trademarks, without our express written consent.
You shall be solely responsible and liable for any and all damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting or submission of your content on the Site.
Copyright 2014 © RL Fisher. All rights not expressly granted herein are reserved.
Product Descriptions
Dream Drapes attempts to be as accurate as possible. However, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge. We apologize for any inconvenience this may cause you. If you are not completely satisfied with your purchase you may return it as described in our Return Policy.
Reviews & Comments
Except as otherwise provided elsewhere in these terms of use or on the Site, anything that you submit or post to the Site and/or provide to DreamDrapes.com, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions is and will be treated as non-confidential and non-proprietary, and Dream Drapes shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or de-compile such submissions. All submissions shall automatically become the sole and exclusive property of RL Fisher and shall not be returned to you.
In addition to the rights applicable to any submission, when you post comments or reviews to the Site, you also grant DreamDrapes.com the right to use the name that you submit with any review, comment, or other content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments and other content that you post on this Site and that use of your reviews, comments, or other content by DreamDrapes.com will not infringe upon or violate the rights of any third party. You shall not use a false e mail address, pretend to be someone other than yourself or otherwise mislead DreamDrapes.com or third parties as to the origin of any submissions or content. DreamDrapes.com may, but shall not be obligated to, remove or edit any submissions (including comments or reviews) for any reason.
Copyright Infringement Claims
If you believe that any material or content posted on this site constitutes copyright infringement, please forward the following information to the Copyright Agent named below (a "Notice"): (i) Your address, telephone number, and email address; (ii) A description of the copyrighted work that you claim has been infringed; (iii) A description of where the alleged infringing material is located; (iv) A statement by you that you have a good faith belief that the dispute use is not authorized by you, the copyright owner, its agent, or the law; (v) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Copyright Agent:
RL Fisher
30 Bartholomew Ave.
Hartford, CT 06106
This notice is issued pursuant to the Online Copyright Infringement Liability Limitation Act.
Links to Third Party Sites
Our web site may contain links to web sites operated and maintained by third parties, over which we have no control. You acknowledge that Everything Imagination is not responsible for the operation of or content located on or through any such site.
Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED HEREIN, WE MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON OUR SITE. EXCEPT AS EXPRESSLY STATED HEREIN, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON OUR SITE, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THAT YOU AGREE THAT IN NO EVENT SHALL RL Fisher, ITS DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES RELATED TO PRODUCTS SOLD.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVERYTHING IMAGINATION WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVERYTHING IMAGINATION'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO RL Fisher DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO EVERYTHING-IMAGINATION’S LIABILITY.
Applicable Law
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our Site and your purchase of products or services through our Site. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Conditions of Use or the our privacy policy ("Privacy Policy"), we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms of Use or the Privacy Policy could be subject to criminal or civil penalties. The Terms of Use and the relationship between you and DreamDrapes.com shall be governed by the laws of the State of Connecticut without regard to its conflict of law provisions. You and Dream Drapes agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Connecticut and county of Hartford. The failure of Dream Drapes to exercise or enforce any right or provision of the Conditions of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the DreamDrapes.com site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
OUR ADDRESS
RL Fisher
30 Bartholomew Ave.
Hartford, CT 06106
www.DreamDrapes.com
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