Last updated: March 5, 2023
Introduction
Welcome to the Studio 3b® Curtains website (the “Site”). The Site is owned and operated by Studio 3b LLC (“Studio 3b®“, “we“, “us” and “our“). Please read these Terms and Conditions carefully before using our Site.
By accessing or using the Site, you agree to be bound by these Terms and Conditions and all applicable laws and regulations. If you do not agree with any of these Terms and Conditions, you are not authorized to access or use the Site.
Use of the Site
The Site allows you to browse and purchase custom designed curtains and other home decor products online. You must be at least 18 years or older to use the Site.
The Site and its original content, features and functionality are owned by Studio 3b® and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any of the content on the Site for commercial or public purposes.
When you make a purchase on the Site, we grant you a limited license to access and use the Site and its content for your own personal use.
User Accounts
To fully use the Site’s features, such as saving designs, placing orders and tracking orders, you must register and create an account.
When you create an account, you agree to provide true, accurate and complete information about yourself. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your account.
You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We reserve the right to disable any account at any time if in our sole discretion we determine that you have violated these Terms and Conditions.
Purchases
All purchases made through the Site are subject to our Purchase Policy, which is incorporated here by reference. Please review the Purchase Policy carefully before making any purchases.
Reviews and User Content
If you submit any reviews, comments, photos, videos or other content to the Site, you grant us a non-exclusive, royalty-free, perpetual, irrevocable and fully transferable and sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, incorporate into other works, distribute and display such content throughout the world in any media.
You represent and warrant that you own or have the necessary rights and permissions to grant us this license for any content that you submit. You waive any moral rights you may have in the content and understand that we are not required to use any ideas, feedback or suggestions you provide to us.
Prohibited Activities
You are solely responsible for your conduct and any data, content and communications you submit or post to the Site. You agree not to do any of the following:
- Post, upload or distribute any defamatory, libelous, obscene, pornographic, abusive or otherwise illegal material;
- Violate the copyright, trademark or other intellectual property rights of others;
- Violate the privacy, publicity or other personal rights of others;
- Impersonate any person or entity or provide false information;
- Advertise or solicit funds, goods or services;
- Code, harvest, data mine, extract, scrape or index the Site or its content;
- Post, upload or distribute marketing, advertising or commercial communications, such as spam;
- Transmit viruses, malware, worms or other harmful computer code;
- Access, monitor or copy any content or data of the Site using any robot, spider or other automatic device;
- Interfere with the performance of the Site or its servers in any way;
- Gain unauthorized access to the Site, user accounts or computer systems.
We reserve the right to delete or remove any content from the Site that we determine violates these Terms and Conditions or is otherwise harmful, objectionable, inaccurate or illegal. We may suspend or block your access to the Site if you are found to be in violation of these Terms and Conditions.
Intellectual Property
The Site and all of its content including designs, text, graphics, logos, button icons, images, audio clips, data compilations, software and other content is exclusively owned by Studio 3b® and protected by United States and international copyright, trademark and other laws.
You acknowledge and agree that the Site and its original content, features and functionality are the exclusive property of Studio 3b® and its licensors. You will not remove, alter or conceal any copyright, trademark or other notices from copies of materials displayed or provided to you through the Site.
Any trademarks, taglines, and logos appearing on the Site are trademarks belonging to Studio 3b®. Any use of these marks is strictly prohibited unless expressly authorized in writing by Studio 3b®.
Links to Third Party Sites
The Site may contain links and interactive functionality interacting with the social media accounts owned and operated by Studio 3b®. Clicking on those links may allow third parties to collect or share data about you. We do not control these third party websites and are not responsible for their privacy policies. When you access third party websites, you do so at your own risk. We encourage you to carefully review the privacy policies of any third party site you access through our Site.
Warranty Disclaimers
Your use of the Site is entirely at your own risk. The Site and all of the content, products and services offered on the Site are provided on an “as is” and “as available” basis without warranties of any kind.
To the maximum extent permitted by law, Studio 3b® expressly disclaims all warranties, whether express, implied or statutory, including but not limited to warranties of title, merchantability, fitness for a particular purpose and non-infringement.
Studio 3b® makes no warranties that (1) the Site or its content will meet your requirements or expectations; (2) the Site will be available on an uninterrupted, timely, secure or error-free basis; (3) Site content is complete, accurate, reliable, current or defect-free; (4) Site security or the security of your data will not be breached.
Limitations of Liability
In no event shall Studio 3b® or its officers, directors, shareholders, employees, independent contractors or agents be liable to you for any indirect, incidental, special, consequential, punitive or exemplary damages, including lost profits, lost revenue, lost data, loss of business opportunity or loss of goodwill, that result from your use of or inability to use the Site or any Site content. This limitation applies regardless of the legal theory under which liability is asserted.
Under no circumstances will Studio 3b®’s total liability to you for any cause whatsoever exceed One Hundred U.S. Dollars ($100.00). The limitations set forth in this section will not limit damages due to liability that cannot legally be limited by agreement.
Indemnification
You agree to defend, indemnify and hold harmless Studio 3b® and its directors, officers, shareholders, employees, independent contractors and agents from and against all claims, damages, costs and expenses including reasonable attorney’s fees, arising from or related to: (1) your access or use of the Site; (2) your User Content; (3) your violation of these Terms and Conditions; (4) your violation of any third party rights.
Changes to the Terms
Studio 3b® reserves the right to modify or replace these Terms and Conditions by posting updated terms on the Site. Your continued use of the Site signifies your acceptance of the revised Terms and Conditions. You should periodically review these Terms and Conditions to stay informed of any changes.
Governing Law and Jurisdiction
These Terms will be governed exclusively by the laws of the State of Texas without regard to its conflicts of law provisions. Any legal proceedings arising out of or relating to these Terms and Conditions, your access to or use of the Site must be commenced in Dallas County, Texas. You consent to the exclusive jurisdiction of the state and federal courts in Dallas County, Texas for any dispute arising out of your use of the Site.
Termination
Studio 3b® may suspend, restrict or terminate your access and use of the Site, at any time without notice and for any reason, including for violation of these Terms and Conditions. Studio 3b® may also delete or disable your account if it is inactive for an extended period.
Upon termination, all provisions of these Terms and Conditions will survive and remain in effect except those granting access or use of the Site.
Contact Us
If you have any questions about our Terms and Conditions, please contact us:
Studio 3b® Curtains
Email: [email protected]
By Phone: 555-123-4567
Mailing Address:
1234 Main St.
Dallas, TX 75201
Complete Agreement
These Terms and Conditions constitute the entire agreement between you and Studio 3b® with respect to your access and use of the Site. Our failure to exercise or enforce any rights or provisions of these Terms and Conditions does not constitute a waiver of such rights or provisions. Should any part of these Terms and Conditions be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions will remain in full force and effect.