Last updated: January 1, 2023
Introduction
These Terms and Conditions (“Terms”) govern your access to and use of the Studio 3b ® Curtains website (the “Site”) and any content, functionality, products or services offered on or through the Site, whether as a guest or a registered user.
Please read these Terms carefully before using the Site. By using the Site or by clicking to accept these Terms when prompted, you indicate your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Site.
Definitions
The terms “us” “we” or “our” refers to Studio 3b ® Curtains, the owner of the Site.
The term “you” refers to the user visiting or accessing the Site, or the company, organization or legal entity that the user represents.
Using Our Site
The Site is intended for users 18 years of age and older. Use by anyone younger than 18 is not authorized by us.
You agree to use the Site only for lawful purposes and in accordance with these Terms. You agree not to access or use the Site for any purpose that is fraudulent or otherwise unlawful or prohibited by these Terms.
You agree that you will only use the Site in a manner that complies with all applicable laws in the jurisdiction from which you access the Site.
Your Account
If you use the Site, you are responsible for maintaining the confidentiality of your account, session cookie, and password, and for restricting access to your device.
You agree to accept responsibility for all activities that occur under your account, session cookie or password. We reserve the right to refuse service, terminate accounts, or remove or edit content at our sole discretion.
Purchases and Payment Terms
If you wish to purchase any products or services made available through the Site, you may be asked to supply certain information relevant to your purchase, including your credit card number, billing address, and shipping information.
By submitting such information, you represent and warrant that you have the legal right to use any payment card(s) or other payment method(s) used to initiate payment, and that you authorize us to charge such payment method(s) for the full amount of the transaction plus any applicable taxes and fees.
All stated prices are in U.S. dollars and any shipping, handling and applicable sales tax will be added prior to completing your transaction.
We strive to provide accurate price and availability information, but pricing errors may occur. If we discover a pricing error, we may cancel or refuse to process your order in our sole discretion.
Risk of loss and title for physical items pass to you when the item ships. For digital items, risk of loss and title pass to you when the item is made available to you for download.
All purchases are final and refunds are only permitted in our sole discretion. Please review our return and refund policies before completing any transactions on the Site.
Subscriptions
Some parts or services of the Site may require payment on a recurring basis (such as monthly or annually). By signing up for a paid subscription, you authorize us to periodically charge your provided payment method until you cancel your subscription.
You must cancel your paid subscription before it renews to avoid being charged again. Instructions for canceling your subscription will be provided in the original confirmation email for the subscription and on the Site.
Downgrades from paid subscription plans to free plans will take effect immediately, while upgrades from free plans to paid subscription plans will take effect immediately upon us processing your payment.
We will provide advance notice (by email) if there are any changes to your subscription fees or the terms of your paid subscription.
Free Trials
We may offer free trials of our paid subscription services. The specific terms of your free trial will be provided at sign up.
Free trials are only available to new users of that service. We reserve the right, in our absolute discretion, to determine your free trial eligibility.
We may automatically charge your provided payment method once the free trial period ends, unless you cancel before the end of the free trial period. Instructions for canceling before the charge will be provided in the original confirmation email for the free trial and on the Site.
User Content
Some features of the Site may allow users to upload content such as images, photos, sound, text, files, video, location data, and other materials (“User Content”).
You retain full ownership of any User Content you upload, post, or otherwise transmit through the Site. We do not claim any ownership rights in your User Content.
By uploading User Content, you specifically grant us a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable, transferable license to use, reproduce, distribute, create derivative works of, publicly perform, publicly display, and publish the User Content in connection with our business, including for promoting and redistributing part or all of the Site.
You are solely responsible for the User Content you upload, post, email, transmit or otherwise make available. You represent and warrant that: (i) you own or otherwise control all necessary rights in and to your User Content and the rights to grant the license above, and (ii) that the User Content is accurate and not fraudulent, misleading, deceptive or otherwise harmful.
We do not control, pre-approve or endorse any User Content transmitted through the Site. We may at any time in our sole discretion review, monitor, block, modify, delete, disable access to, or remove any User Content without notice or liability to you. You are solely responsible for creating backup copies of and replacing any User Content you post on the Site.
By using the Site, you acknowledge and accept that you may be exposed to material that you find offensive or objectionable. We are not responsible for any User Content, including without limitation any errors, libel, defamation, omissions, falsehoods, obscenity, pornography or profanity you may encounter.
Ownership, Proprietary Rights
The Site contains content, such as code, text, graphics, images, designs, trademarks, logos, photographs and other material that is protected by copyright, trademark and other intellectual property and proprietary rights.
You acknowledge and agree that the Site and all associated intellectual property rights are the exclusive property of Studio 3b ® Curtains and its licensors. You will not remove, alter or obscure any copyright, trademark, or other intellectual property or proprietary rights notices from the Site or any associated content.
The names, trademarks, service marks, logos, and domain names of Studio 3b ® Curtains appearing on the Site are owned exclusively by us. You may not use any trademarks appearing on the Site without the express prior written permission of Studio 3b ® Curtains.
We grant you a limited, non-exclusive, non-sublicensable, revocable license to access and use the Site and download or print any content from the Site solely for your personal use, subject to your compliance with these Terms. Any other use of the Site not expressly permitted by these Terms is strictly prohibited.
Disclaimers
Your access to and use of the Site is at your own risk. The content is provided for general informational and entertainment purposes only and does not constitute professional advice.
THE SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITE; (B) THE CONTENT AND INFORMATION ON THE SITE; (C) USER CONTENT; AND (D) PRODUCTS OR SERVICES SOLD OR OFFERED FOR SALE ON THE SITE.
WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
THE SITE MAY CONTAIN LINKS TO THIRD PARTY SITES. WE ARE NOT RESPONSIBLE FOR THE CONTENT, FUNCTIONALITY, PRODUCTS, SERVICES, BUSINESS PRACTICES OR LEGAL COMPLIANCE OF SUCH THIRD PARTY SITES. YOUR USE OF THIRD PARTY SITES IS AT YOUR OWN RISK AND WE ARE NOT RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT FROM YOUR USE OF SUCH SITES.
WE DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE, ITS SERVERS AND ANY RELATED SOFTWARE ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL CODE OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE.
Limitations of Liability
IN NO EVENT WILL WE, OUR PARENT, SUBSIDIARIES, AFFILIATES OR RELATED COMPANIES, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, GOODWILL, BUSINESS INTERRUPTION, REVENUE OR DATA, ARISING OUT OF OR RELATED TO YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY CONTENT, FUNCTIONALITY OR SERVICES PROVIDED ON OR THROUGH THE SITE, REGARDLESS OF THE THEORY OF LIABILITY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO YOUR ACCESS AND USE OF THE SITE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE (12) MONTHS.
THESE LIMITATIONS ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND WILL APPLY REGARDLESS OF WHETHER A REMEDY FAILS IN ITS ESSENTIAL PURPOSE OR OTHERWISE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, hold harmless and indemnify us, our subsidiaries, affiliates, related companies, and all of our respective officers, directors, shareholders, employees, contractors, agents, suppliers, service providers, advertisers, licensors, licensees, consultants and others involved in the Site (collectively the “Studio 3b ® Curtains Parties”) from any claims, damages, liabilities, losses, costs and expenses (including attorneys’ fees) that arise from: (a) your use of the Site; (b) any User Content you post, upload, email, transmit, store or otherwise make available; (c) your violation of any of these Terms; and (d) your violation of any rights of any third party. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and in such case, you agree to fully cooperate with our defense.
Termination
We may terminate or suspend your access to all or part of the Site at any time in our sole discretion, for any reason or no reason, with or without notice. Any provisions that are intended to survive termination of these Terms shall survive.
Choice of Law
These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules. Any legal proceedings arising from or related to these Terms or the Site must be brought exclusively in the state or federal courts located in Los Angeles, California.
Severability
If any provision of these Terms is determined by a court of competent jurisdiction to be unlawful, void, or unenforceable, then that provision will be deemed severable and will not affect the validity or enforceability of the remaining provisions.
Entire Agreement
These Terms constitute the entire agreement between you and Studio 3b ® Curtains with respect to the Site and supersede all prior or contemporaneous communications and proposals with respect to the Site.
Contact Us
If you have any questions about these Terms, please contact us at:
Email: [email protected]
Phone: (555) 123-4567
Address: 123 Studio 3b Lane, Los Angeles CA 90001
These Terms were last updated on January 1, 2023
Additional Terms for Services
The following additional terms apply if you use or purchase certain services from Studio 3b ® Curtains:
Product Purchase and Delivery
Shipping Policies: Shipping and delivery timelines vary depending on your selected shipping method. Additional shipping fees may apply for expedited delivery. We only ship to addresses within the United States. See our full shipping policy for details.
Returns and Refunds: Most unopened products may be returned within 30 days of delivery for a full refund less original shipping costs. Custom made products may not be returned. See our full returns and refunds policy for details.
Pricing Errors: We strive to accurately display product prices. However, errors may occur. We will confirm the total price of your order before processing payment. In the unlikely event of a pricing error, we reserve the right to cancel the order or contact you to collect any underpayments.
Product Representations: We strive to display products accurately on our Site, however actual colors and dimensions may differ slightly due to photography lighting, display settings and other factors. Always check the manufacturer SKU and product description to confirm specifications. We disclaim any product warranties and only pass through applicable manufacturer warranties.
Subscriptions
Recurring Billing: By starting a subscription, you authorize recurring automated payments until you cancel. Subscriptions renew automatically unless cancelled by the renewal date communicated during sign up. You must cancel before the renewal date to avoid being charged again. We will notify you before any changes to the subscription fee or terms.
Free Trials: We offer free trials on some subscriptions. These trials convert to a paid subscription at the end of the trial period unless cancelled before then. We will remind you before your free trial ends.
Cancelling or Pausing Subscriptions: You may cancel or temporarily pause your subscription at any time by logging into your account and following provided instructions. Cancellations and downgrades take effect immediately. Upgrades will take effect immediately upon us processing your payment. No refunds are provided for unused subscription time when cancelling or downgrading.
Account Sharing: Our subscriptions are for personal, non-commercial use by the initial registered user only. You may not share subscription benefits across multiple accounts or users. We reserve the right to suspend or terminate your subscription if we suspect sharing.
Refund Policy: Given the personal nature of our services, no refunds are provided for subscription fees, except in our sole discretion. Contact us if you believe an exception may apply.
Consulting and Other Services
Service Representations: We warrant all services will be performed in a professional, workmanlike manner with reasonable skill and care. Services are delivered on an “as is” and “as available” basis without representations or warranties of any kind beyond any applicable service guarantees. We are not liable for any delays or deficiencies in services beyond our reasonable control.
Engagement Terms: All services are provided pursuant to a written engagement agreement detailing the exact scope of services to be performed, fees to be charged, and any limitations. Please ensure you understand and agree to these terms before proceeding. For some services, payment may be required in advance. We reserve the right to limit or decline services in our sole discretion.
Cancellation Policy: For recurring services with a minimum term, early cancellation may result in an early termination fee equal to the monthly recurring fee for the remainder of the term. For fixed fee services, the full fee will be charged and non-refundable 14 days after initiating the engagement.
Confidentiality: In the course of providing services, we may receive your confidential business information. We will not disclose this information to third parties without your consent except as needed to deliver agreed services or as required by law.
Intellectual Property: Unless otherwise agreed in writing, we and our licensors retain ownership of all intellectual property created or provided in the course of performing services. You are granted a non-exclusive, non-transferable license to use deliverables for your internal business purposes consistent with the engagement.
Disclaimers: All services are provided “as is”. Except as expressly stated herein, we disclaim any and all representations, warranties and endorsements, express or implied, with respect to services provided. We are not liable for any incidental, special, indirect or consequential damages even if advised of the possibility of such damages.