Terms & Conditions
Last updated: July 6, 2011
Welcome to Loom Decor.
USE OF THE SITE
The Site is for the sole use of individuals and entities wishing to review, consider, purchase or otherwise engage in transactions involving Loom Decor’s goods and services and/or to otherwise transact business with or contact Loom Decor, on their own behalf (or, in the case of a gift or a corporate transaction, on behalf of their intended recipients).
LINKS TO OTHER WEBSITES AND SERVICES
Links to other Internet sites and services operated by third parties, including Loom Decor vendors, do not constitute sponsorship, endorsement, or approval by Loom Decor of the content, policies, or practices of such linked sites or services. Loom Decor is not responsible for the availability, content, security, policies, or practices of linked sites or services, including, without limitation, the accuracy of content on linked sites or services and the privacy policies and practices of linked sites and services.
Loom Decor reserves the right to discontinue or change product specifications and prices without prior notice. Products are available while supplies last. Inadvertent errors in advertised prices are not binding on Loom Decor, and may be adjusted by Loom Decor any time. Your placing an order and your receipt of an order confirmation do not constitute final acceptance of an order. Certain information may need to be confirmed prior to accepting your order. Your order, or any portion thereof, may be declined even after your receipt of an order confirmation.
The prices displayed on this site are quoted in U.S. Dollars and are valid and effective only in the United States. Additional shipping and other charges may apply for orders outside of the United States and/or into US territories, and you will be advised of such charges and your responsibility for any portion thereof before we finalize and ship your order. Furthermore, while we do our best to assure that the taxes quoted for a particular order are accurate for the applicable location to which the order is being shipped, should an erroneous quote be provided, we will notify you of such error before finalizing and shipping your order. You will be responsible for all applicable taxes, regardless of the amount quoted on this Site at the time of your order.
We have done our best to display as accurately as possible the colors of the products shown on this Site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
When you access or use the Loom Decor Services, send e-mails to Loom Decor, or receive electronic communications from Loom Decor, you are, and consent to, communicating with Loom Decor electronically. Loom Decor may communicate with you by e-mail or by posting notices on one or more of the Loom Decor Services. You agree that all notices, disclosures, agreements, policies, and other communications that Loom Decor provides to you electronically satisfy any requirement that such communications be in writing.
COPYRIGHT NOTICE AND CONTENT
In order to access some features of the Site, you will have to create an account. You are not allowed to use another user’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You may change your password at any time by updating your account profile page. In addition, you agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
We welcome your Comments (defined below) regarding the Site. However, any submissions, feedback, comments, notes, messages, ideas, opinions, observations, improvements, suggestions or other communications, whether by you or another user of the Site, including any text, data, photographs, video, music, sound, chat, messages, files or other material provided to us by you and/or any other user of the Site (collectively, "Comments") sent to Loom Decor or otherwise posted on the Site shall be and remain the exclusive property of Loom Decor. Your submission of any such Comments shall constitute an assignment to Loom Decor of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. To the extent any Comment(s) are for whatever reason not the exclusive property of Loom Decor, you hereby grant Loom Decor a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, display, and perform the Comments in connection with the Site and/or our business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media now known or hereafter developed.
Loom Decor will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
You agree not to collect or use any personally identifiable information including without limitation account names, email addresses, or other user submissions, from the Site, nor use the communication systems provided by the Site for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Site.
The interactive nature of postings on the Site makes it impossible for us to assume responsibility for any of the materials posted by users. We not endorse the Comments, and we make no guarantee regarding the reliability, accuracy, or quality of any Comment that is posted on the Site. You acknowledge that you will evaluate and bear any risks related to your use of any Comment, including any reliance on the accuracy, completeness, or usefulness of any such Comment(s). All Comments posted to the Site are the sole responsibility of the person who originally posted the Comment, and your sole recourse for any damage you may suffer as a result of any Comment shall be to such individual.
If you choose to post any Comment on the Site pages, we require that you adhere to generally accepted rules of etiquette and standards of behavior, and that your use of the Site reflects your respect for the legal rights of users connected with the Site. You understand that the Site does not guarantee any confidentiality with respect to any Comment.
We expressly disclaim any and all liability in connection with any and all Comments. We reserve the right to remove any Comment in our sole discretion and without prior notice. We also reserve the right to terminate a user's access to the Site at any time in our sole discretion and without prior notice.
In accordance with the Digital Millennium Copyright Act ("DMCA"), Loom Decor has designated an agent to receive notification of alleged copyright infringement occurring on the Loom Decor Services:
Loom Décor, LLC
419 Lafayette St
New York, NY 10003
Contents of Notice
The DMCA requires that all notices of alleged copyright infringement be in writing. For Loom Decor to act on your notice, you must be authorized to enforce the copyrights that you allege have been infringed. When informing Loom Decor of an alleged copyright infringement, you should:
- Identify the copyrighted work that allegedly has been infringed. If multiple copyrighted works on a single Loom Decor Service are involved, please provide a representative list of such works on that Loom Decor Service.
- Describe the material that is claimed to be infringing and provide sufficient information to permit Loom Decor to locate that material.
- Provide your contact information, including an address, telephone number, and, if available, an e-mail address.
- Certify or include a statement that you have a good-faith belief that the use of the copyright-protected material in the manner complained of is not authorized by the copyright owner, the owner's agent, or law.
- Certify that the information that you have provided Loom Decor is accurate. You should attest under penalty of perjury that you are authorized to enforce the copyrights that you allege have been infringed.
- Include your physical or electronic signature.
Loom Decor may not be able to act on your complaint promptly or at all if you do not provide this information.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
LOOM DECOR AIMS TO PROVIDE ACCURATE INFORMATION FOR ANY MATERIAL PROVIDED AS PART OF THE LOOM DECOR SERVICES. HOWEVER, LOOM DECOR MAKES NO WARRANTIES OR REPRESENTATIONS AS TO SUCH MATERIAL'S ACCURACY, AND IT IS SUPPLIED WITHOUT ANY EXPRESSED OR IMPLIED WARRANTIES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE LOOM DECOR SERVICES IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LOOM DECOR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY PRODUCTS OR SERVICES OFFERED ON THE LOOM DECOR SERVICES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES WILL LOOM DECOR OR ITS AFFILIATES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE LOOM DECOR SERVICES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE LOOM DECOR SERVICES OR ANY LINKED SERVICES OR ARISING OUT OF ITS CONTENTS OR ANY ERRORS OR OMISSIONS IN ITS CONTENTS, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF LOOM DECOR IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LOOM DECOR DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE LOOM DECOR SERVICES OR ANY LINKED SERVICES WILL BE INTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE LOOM DECOR SERVICES OR ANY LINKED SERVICES IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.
UNDER NO CIRCUMSTANCES WILL LOOM DECOR OR ITS AFFILIATES, OR ANY OTHER PARTY OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED THROUGH THE LOOM DECOR SERVICES, EVEN IF LOOM DECOR IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LOOM DECOR’S LIABILITY BE GREATER THAN THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM.
Some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. You should check local laws for any restrictions or limitations regarding the exclusions of implied warranties.
GOVERNING LAW & OTHER MISCELLANEOUS
© 2011 Loom Decor, LLC. All rights reserved.