Terms & Conditions

Last updated: July 6, 2011

Welcome to Loom Decor. 

Loom Decor, LLC (“Loom Decor” or “we” or “us” or “our”) provides online services, including this Loom Decor website (www.loomdecor.com) and/or other Loom Decor websites (collectively the “Site”) and other electronic services (including telephone ordering services, mobile services, and software applications that you download) which are subject to the terms and conditions set forth below (the "Terms of Use"). These Terms of Use also incorporate the entirety of Loom Decor’s Privacy Policy posted on the Site. By using, shopping and/or purchasing any product via Loom Decor’s Site and/or by using other websites and/or existing or future Loom Decor services (the "Loom Decor Service(s)") that expressly incorporate these Terms of Use, you accept these Terms of Use. 

In some instances, a particular Loom Decor Service or a product purchased may be subject to additional policies, guidelines, terms, and/or agreements ("Other Terms"). In the event that such Other Terms are inconsistent with these Terms of Use, the Other Terms shall govern.

Please read these Terms of Use carefully. If you do not wish to be bound by these Terms of Use, do not access or use this Site or the Loom Decor Services.

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).

THESE TERMS OF USE MAY CHANGE

Loom Decor reserves the right to update or modify these Terms of Use at any time without prior notice. Your use of the Site following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed. For this reason, we encourage you to review these Terms of Use each time you use this Site.

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.

PRODUCT PURCHASES

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.

PRICES

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.

COLORS

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.

ELECTRONIC COMMUNICATIONS

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

All of the content you see on this Site, including, for example, but not limited to, all of the page headers, images, illustrations, graphics, audio clips, video clips, and text (referred to herein as the "Content") is the exclusive property of Loom Decor and/or is subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Loom Decor, by one of its affiliates or by third parties who have licensed or assigned their rights, interests and/or materials to Loom Decor. The entire Content of the Site is copyrighted as a collective work under U.S. and other applicable copyright laws, and Loom Decor owns a copyright in the selection, coordination, arrangement and enhancement of the Content. The Content of the Site, and the Site as a whole, are intended solely for the personal and non-commercial use of the users of our Site. As such a user, you may download, print and store selected portions of the Content, but only if (1) you use any such copies of the Content only for your own personal and non-commercial use, (2) you do not copy or post the Content on any network computer or broadcast the Content in any media and/or in any form or format, (3) you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice, and (4) you properly credit any intellectual property rights to Loom Decor and/or the appropriate owner. No right, title or interest in any downloaded or copied materials are transferred to you as a result of any such downloading or copying. Loom Decor reserves complete title and full intellectual property rights in any Content you download from this Site. Except as noted above and/or except as otherwise explicitly permitted under these Terms of Use, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining the express written permission of Loom Decor. Nothing contained in the Loom Decor Services should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the Loom Decor Services without the written permission of Loom Decor or any third party that may own such trademarks or service marks. Loom Decor will aggressively enforce its intellectual property rights to the fullest extent of the law.

ACCOUNTS

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. 

SUBMISSIONS

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. 

COPYRIGHT INFRINGEMENT

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
help@loomdecor.com
1-855-275-5666
419 Lafayette St
2nd Floor
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.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Loom Decor and its affiliates, and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys' fees and court costs), arising out of or relating to your breach of these Terms of Use or your access to or use of the Loom Decor Services.

GOVERNING LAW & OTHER MISCELLANEOUS

These Terms of Use contain the entire understanding of you and Loom Decor with respect to the subject matter hereof and supersedes all prior agreements and understandings between you and Loom Decor with respect to the subject matter hereof. The failure of Loom Decor at any time to enforce any of the provisions of these Terms of Use will not be deemed or construed to be a waiver of any such provisions, or in any way to affect the right of Loom Decor to thereafter enforce each and every provision of these Terms of Use. No waiver by Loom Decor of any breach of any provision of these Terms of Use will be construed or deemed to be a waiver of any other subsequent breach. If any provision of these Terms of Use is declared invalid or otherwise determined to be unenforceable for any reason, such provision will be deemed to be severable from the remaining provisions of these Terms of Use, which will otherwise remain in full force and effect. Provisions concerning your rights and obligations which by the content of the provision operate after termination or which are necessary to enforce any right will survive any termination or expiration of these Terms of Use. These Terms of Use will be governed by and construed in accordance with the internal laws of the State of New York without regard to conflict of laws principles. Any suit brought under or in connection with these Terms of Use may be brought only in the courts of the State of New York, and Loom Decor and you consent to the personal jurisdiction and venue of such courts. 

© 2011 Loom Decor, LLC. All rights reserved.

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