LIVING LULLABY DESIGNS, INC. TERMS AND CONDITIONS OF USE
Welcome to Living Lullaby Designs Inc. (referred to as “LLDI,” “we,” “us” or “our”). The following describes the terms on which you may access our products, software, services and web sites (collectively referred to as the “Services”).
THE LEGAL AGREEMENTS SET OUT BELOW GOVERN YOUR USE OF THE SERVICES. Use of LLDI’s Services are subject to the terms and conditions set forth below (collectively referred to as the “Terms”). To confirm your agreement to such Terms, and be legally bound, you must click to “accept” or “agree” to the Terms, where either such option is made available to you in the user interface for the Services. You may not use the Services if you do not accept the Terms.
Your use of the Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
When you visit our website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site.
- PROVISION OF THE SERVICES BY LLDI
LLDI may from time to time change or modify the Services. You agree that the form, nature and content of the Services may change from time to time without prior notice to you. LLDI may at any time or from time to time stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally in LLDI’s sole discretion, without prior notice to you. We aim to update our website regularly, and may change the content at any time. If the need arises, we may suspend access to all or part of our website, or close it indefinitely. LLDI will not be liable if for any reason our website is unavailable at any time or for any period. You acknowledge and agree that if LLDI disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
- USE OF THE SERVICES BY YOU
If you use the Services you agree to accept responsibility for all activities that occur under your account.
In order to access certain Services, you may be required to provide information about yourself (such as identification, contact details, billing information, etc.) as part of the registration process for the Services, or as part of your continued use of the Services. You agree that any such registration information you give to LLDI will always be accurate, correct and up to date. You also agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity or association, use false headers or otherwise conceal your identity from LLDI for any purpose.
You agree that you will not sell, lease, rent, trade, distribute or resell the Services for any purpose, or create any derivative works based on the Services in any manner. You agree that you may reproduce, duplicate, copy, modify, and distribute the Services, by social media or other method, ONLY if you attribute the Services to LLDI and/or provide an internet link to the LLDI source.
- SERVICES CONTENT AND THIRD PARTY PROVIDERS
All content included in the Services (including without limitation such as images, icons, text, graphics, logos, data compilations, software, etc.) (collectively referred to as “Content”) is the property of LLDI or its content suppliers and protected by United States and international copyright laws. The compilation of all Content on this site is the exclusive property of LLDI and protected by U.S. and international copyright laws. All software used on this site is the property of LLDI or its software suppliers and protected by United States and international copyright laws.
LLDI may from time to time include in Services certain third party content or links to third party websites (each, a “Third Party Provider”). Any such content and websites contain Content that is protected by intellectual property rights which are owned by the Third Party Providers (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on any of the Content (either in whole or in part) provided by LLDI or Third Party Providers unless you have been specifically told that you may do so by LLDI or the owner of that Content, in a separate written agreement.
LLDI may from at any time and from time to time change, add or remove Third Party Providers from the Services, in its sole discretion and without prior notice to you. We have no control over the websites, products or services of Third Party Providers. We do not endorse or evaluate the websites, products or services of Third Party Providers (or any advertising or links on any such websites) and we assume no responsibility for the actions or omissions of any Third Party Providers. LLDI is not responsible for examining or evaluating the content or accuracy of any Third Party Providers, and LLDI does not warrant and will not have any liability or responsibility for any Third Party Providers’ materials or websites (or for any other materials, products, or services of third parties).
Without limiting the foregoing, you agree that LLDI is not liable (and we assume no responsibility whatsoever) for any loss or damage which may be incurred by you as a result of:
- the content and/or websites of Third Party Providers;
- your use or purchase or any websites, products or services of Third Party Providers;
- the availability, quality or safety (including both design and manufacturing) of the products or services offered by LLDI or the Third Party Providers; and
- the accuracy and thoroughness of the descriptions of any such products or services provided by Third Party Providers.
LLDI STRONGLY RECOMMENDS THAT YOU CONTACT ANY THIRD PARTY PROVIDER AND CONFIRM THE ACCURACY AND THOROUGHNESS OF ITS PRODUCT DESCRIPTION (EVEN IF THE PRODUCT DESCRIPTION APPEARED ON THE LLDI WEBSITE OR OTHERWISE IN THE SERVICES) BEFORE MAKING ANY PURCHASE OF SUCH PRODUCT.
You should directly contact any such Third Party Providers if you have questions regarding its products or services. If you determine to purchase any products or services from a Third Party Provider (a “Third Party Purchase”), the contract for such Third Party Purchase will be between you and that Third Party Provider, and and LLDI is not a party to such arrangement. All relevant terms and conditions should be available to you on the Third Party Provider’s website through to which you will link once you are ready to buy. If you make a Third Party Purchase, the Third Party Provider may pay LLDI a referral fee arising from such sale. LLDI believes that any such referral fee paid to LLDI will not increase the cost to you of Third Party Purchase. You should carefully consider whether the products or services offered by a Third Party Provider are right for you (including for example, whether a piece of furniture will fit through your doors and hallways to the intended location in your home or office) prior to making any Third Party Purchase.
5. FEE-BASED SERVICES; REFUND POLICY
You agree to the terms and conditions governing the Services, including all requirements to pay applicable fees and charges if you choose to engage LLDI for fee-based design services (the “Design Services,” which are part of the Services). We will notify you of any changes to fees and charges.
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH BELOW IN THIS SECTION 5, ALL FEES AND CHARGES ARE NON-REFUNDABLE, INCLUDING FOR UNUSED PORTIONS OF DESIGN SERVICES. WE DO NOT PROVIDE PRICE PROTECTION OR REFUNDS IN THE EVENT OF A PRICE DROP OR PROMOTIONAL OFFERING.
You have the right to cancel your purchase of Design Services for a full refund for seven (7) days following the date you “accept” or “consent” to these Terms and Conditions (less any applicable PayPal, bank or credit card charges or fees). If you wish to cancel your purchase, you must within such seven (7) day period notify us of your decision to cancel at email@example.com. If you so cancel your purchase within the seven (7) day period, you will receive a full refund of your purchase price (minus those fees or charges, if any, owing to PayPal, your bank or your credit card company arising from any such cancellation).
Your purchase of the Design Services is entirely non-cancellable and non-refundable after seven (7) days. LLDI may, at its sole discretion, give you credit for LLDI Services in the event that you cancel your purchase of Design Services after more than seven (7) days.
6. INTELLECTUAL PROPERTY
You agree that all graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of LLDI (or its licensors) in the U.S. As a user of the Services, you do not and will not have any right to use any such trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. All other trademarks not owned by LLDI that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by LLDI.
You acknowledge and agree that LLDI (or LLDI’s licensors) own all legal right, title and interest in the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that you shall not modify, alter, remove or obscure any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services. You agree that you will not use any of the intellectual property, proprietary information or other materials contained in the Services in any way whatsoever except for use of the Services in compliance with permission given by LLDI, whether in this Agreement or in any other communication between you and LLDI.
- LIMITED LICENSE AND CONTENT SUBMISSIONS
LLDI gives you a personal, royalty-free, revocable, non-assignable and non-exclusive license to access and make personal use of the Services. This license is for the sole purpose of enabling you to use the Services as contemplated in the Terms. You may not sublicense, assign, transfer or encumber any part of your rights to use the Services. This license does not include any resale or commercial use of this site or its contents; any downloading or copying of account information for the benefit of another person; or any use of data mining, robots, or similar data gathering and extraction tools. Without limiting the foregoing, you may not copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of any the software utilized by LLDI in providing the Services.
We may choose from time to time, in our sole discretion, to allow you to post reviews, comments, photos, and other content so long as the content (1) is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious or objectionable to third parties and (2) does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not the obligation) to remove or edit such content, but we may not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our sublicensees the right to use the name that you submit in connection with such content, if desired. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We have no responsibility and assume no liability for any content posted by you or any third party.
- DISCLAIMER OF WARRANTIES
THE SERVICES AND THE MATERIAL DISPLAYED ON OUR WEBSITE (AND THOSE OF THIRD PARTY PROVIDERS) ARE PROVIDED WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO THEIR ACCURACY. THERE IS NO ASSURANCE OR GUARANTEE OF SATISFACTION WITH THE SERVICES.
THE SERVICES, THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (AND SITES OF THIRD PARTY PROVIDERS) ARE PROVIDED BY LLDI ON AN “AS IS” AND “AS AVAILABLE” BASIS.
LLDI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LLDI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU AGREE THAT LLDI WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE (INCLUDING THIRD PARTY PROVIDERS), INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
- LIMITATION OF LIABILITY
SUBJECT TO PARAGRAPH 8 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT LLDI, ITS AFFILIATES AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(1) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS OR ACCURACY OF THE SERVICES AND/OR THE COMPLETENESS OR ACCURACY OF ANY INFORMATION PROVIDED BY ANY THIRD PARTY PROVIDERS, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD PARTY PROVIDERS;
(2) ANY CHANGES WHICH LLDI MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
(3) YOUR PURCHASE OF ANY GOODS OR SERVICES FROM THIRD PARTY PROVIDERS; OR
(4) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES.
THE LIMITATIONS ON LLDI’S LIABILITY TO YOU APPLY WHETHER OR NOT LLDI HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
YOU RECOGNIZE THAT USE OF PRODUCTS PURCHASED FROM LLDI MAY CREATE RISK OF INJURY, AND YOU AGREE TO RELEASE LLDI FROM ANY AND ALL LIABILITY RELATED TO PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM THE USE OF PRODUCTS PURCHASED THROUGH LLDI. LLDI IS NOT RESPONSIBLE FOR ENSURING THAT PRODUCTS PURCHASED BY YOU ARE USED SAFELY, AND YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO ENSURE COMPLIANCE WITH ALL SAFETY GUIDELINES RELATED TO PRODUCTS PURCHASED FROM LLDI.
YOU RECOGNIZE THAT THE ROOM DESIGNS OBTAINED FROM LLDI ARE NOT DESIGNED FOR SAFETY AND MUST BE MODIFIED BY YOU TO AVOID RISK OF INJURY. YOU AGREE TO RELEASE LLDI FROM ANY AND ALL LIABILITY RELATED TO PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM LLDI’S SUGGESTED PLACEMENT OF OBJECTS IN ITS ROOM DESIGNS.
YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED.
- RELEASE AND INDEMNITY
IF YOU HAVE A DISPUTE WITH ANY THIRD PARTY PROVIDER, YOU RELEASE US (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
YOU WILL INDEMNIFY AND HOLD US (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THE TERMS OR THIS AGREEMENT, OR YOUR VIOLATION OF ANY LAW, RULE OR REGULATION.
11. REVISION OF THE TERMS
We may amend the Terms and this Agreement from time to time by posting the amended Terms on this site. Except as otherwise stated in any such posting, all amended terms shall automatically be effective 3 days after they are initially posted. Additionally, we may or may not notify you through email or otherwise of such amended terms.
- SALES TAX
No sales tax will be charged to delivery locations outside of the state of Colorado. If your state requires sales tax on internet purchases you are responsible for remitting those taxes. Living Lullaby Designs Inc. is, however, required to collect 7.50% sales tax on all orders shipped to a Colorado address.
- BACK ORDER POLICY
Occasionally, due to high demand, some of our products may be backordered for a period of time. In the case of a backorder, you will be notified of the expected ship date of that item. All backorders will ship promptly unless the order has been cancelled. In order to cancel an order, please send us an email requesting cancellation to firstname.lastname@example.org. You will receive an email confirming cancellation, providing the item has not shipped. If your order has already shipped, please refer to our return policy for further instructions.
- RETURNS, EXCHANGES, AND PRODUCT DAMAGE
All sales of undamaged goods are final and LLDI will not accept any returns or exchanges. If you seek to return or exchange an item purchased through LLDI, you must work directly with the third-party vendor. LLDI cannot guarantee satisfaction with items purchased from LLDI, and LLDI will not bear any costs resulting from your decision to exchange an item or change a design following a purchase or order of an item.
In the event that your order arrives damaged or defective, you must contact us within 5 business days of receipt by emailing our customer care department at email@example.com. LLDI will replace any products damaged due to LLDI’s actions. We will attempt to assist you in resolving any dispute between you and a freight company that damages your products, but you agree that LLDI will not be responsible for replacing products damaged by a third-party. Please keep all packaging materials in case the shipper needs to inspect the package during their claims process.
- COLORS, FINISHES, AND APPEARANCE OF PRODUCTS
We have made every effort to display as accurately as possible the colors of our products that appear at the Site. However, as the actual colors you see will depend on your computer monitor, we cannot guarantee that your monitor’s display of any color will be accurate. You acknowledge that the color of items ordered on LLDI may appear different than items displayed at www.livinglullabydesigns.com.
Finish Variations: Many of our custom made furnishings are composed of wood, a natural product. You acknowledge there may be substantial variation among products made of wood. Nature is unique and never duplicates, making no two pieces of wood, even from the same tree, exactly alike. Because wood responds to fluctuations in humidity levels, furniture can expand and contract over time depending on the climate. Please note that the degree of humidity or dryness in your home may cause splitting, which will not affect the structural integrity of the piece and is not a defect. Certain types of wood will have more visible knots and wood grain. Our artisans make every effort to conceal knots and grain on painted finishes, but due to natural resins within some wood types, they cannot completely eliminate them or guarantee to control them. Knots and grain may bleed through and slightly discolor the finish (this may be more apparent on light color finishes). This discoloration is not to be considered a defect in craftsmanship. Irregularities in finishes are not to be considered defects. While finishes are durable, they are not indestructible. Please contact us for care and maintenance of your wood furniture. Swatches may be purchased for many of our products. Please note that many of our artisans and craftspeople custom mix paint for their finishes so swatch samples may vary slightly from actual finishes or may not be available. LLDI is not responsible for these variations in finishes.
The transit time for freight shipments is generally 2 to 4 weeks, although transit times will vary depending on where the freight is shipping from and the destination shipping address. This transit time should be considered in addition to the regular lead time listed for the product on our website. If you cannot receive normal freight shipments for any reason, you agree to notify us when you place your order.
The Services may be hand crafted and made-to-order. For this reason, shipping times given in the product descriptions are estimates. LLDI cannot be held responsible for delays beyond the estimated delivery times given.
17. INTERNATIONAL SALE
The prices displayed at the 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.
18. GENERAL TERMS
“LLDI” means Living Lullaby Designs Inc. whose principal mailing address is P.O. Box 151263 Denver, Colorado 80215 United States.
The Terms shall be construed and enforced in accordance with the laws of the State of Colorado applicable to agreements made and to be performed wholly within such jurisdiction, except that Colorado choice of law principles shall not apply. You and LLDI agree to submit to the exclusive jurisdiction of the state and federal courts located within the City of Denver, Colorado to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that LLDI shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
The Terms constitute the entire legal agreement between you and LLDI and govern your use of the Services, and completely replace any prior agreements between you and LLDI in relation to the Services. You agree that LLDI may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that if LLDI does not exercise or enforce any legal right or remedy which is contained in the Terms (or which LLDI has the benefit of under any applicable law), this will not be taken to be a waiver of LLDI’s rights and that those rights or remedies will still be available to LLDI.
You acknowledge and agree that any other entities controlled by LLDI or under common control with LLDI shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, except as expressly provided in the Terms, no other person or company shall be third party beneficiaries to the Terms.
By using this website you (1) acknowledge that you have read, understood, and agree to this Agreement’s terms and conditions and (2) are signing this Agreement with an electronic signature, which will be legally binding and enforceable (and the legal equivalent of your handwritten signature).