Terms and Conditions
Yuppie Decor’s Terms of Use
PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY YUPPIE DECOR, LLC ("Yuppie Decor"). THIS AGREEMENT SETS
This Agreement applies to all users of the Site, including users who are visiting or browsing the site, and you (the "user" or "you") agree to be bound by this agreement.
Effective Date: March 13, 2010
A. Yuppie Decor is a Venue
Yuppie Decor acts as a venue to allow users who comply with Yuppie Decor''s policies to offer, sell and buy certain design services and products. Yuppie Decor is not directly involved in the transaction between buyers and sellers. As a result, Yuppie Decor has no control over the quality, safety, morality or legality of any aspect of the items or services listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Yuppie Decor does not pre-screen users or the content or information provided by users. Yuppie Decor cannot ensure that a buyer or seller will actually complete a transaction.
Consequently, Yuppie Decor does not transfer legal ownership of items or services from the seller to the buyer.
Yuppie Decor cannot guarantee the true identity, age, and nationality of a user.
You agree that Yuppie Decor is a venue and as such is not responsible or liable for any content, including text, images, and profiles posted by you, other users, or outside parties on Yuppie Decor. You use the Yuppie Decor service at your own risk.
B. Membership Eligibility
Age: Yuppie Decor''s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Yuppie Decor may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use Yuppie Decor''s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Yuppie Decor''s policies as stated in the Agreement and the Yuppie Decor documents and web pages listed below:
· Selling your Services - Fees
· Privacy Policy
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Yuppie Decor of any unauthorized use of your password or any breach of security. You also agree that Yuppie Decor cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Yuppie Decor without Yuppie Decor''s express written permission.
Personal Information: You must keep your account and personal information up-to-date and accurate at all times, including a valid email address.
Right of Refusal of Service: Yuppie Decor reserves the right to refuse service to anyone, for any reason, at any time.
C. Fees and Services
Joining and setting up a profile on Yuppie Decor is free. Yuppie Decor charges fees for a percentage of the sales price when an item or service is sold through the website. Yuppie Decor''s Fees, which are subject to change, is incorporated into this Agreement by reference.. Unless otherwise stated, all fees are quoted in US Dollars (USD).
Fees will be taken out prior to the seller being paid either via Paypal or via check mailed to the address provided by the seller.
D. Selling Items or Services
Product or Service Description: By listing an item or service on the Site you warrant that you and all aspects of the item or comply with Yuppie Decor''s published policies. You also warrant that you may legally sell the item or provide the service listed. You must accurately describe your item or service and all terms of sale in your Yuppie Decor profile. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. Each listing must accurately and completely describe the item/items for sale or the service offered in that listing. Each unique item or service must have its own listing.
Some states may require interior designers to be formally licensed as such in order to offer interior design services. It is your responsibility to know these state laws and comply with these state laws. Yuppie Decor does not verify any licenses of sellers on the website.
Binding
E. Prohibited Activities
You are solely responsible for your conduct and activities on and regarding to Yuppie Decor and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Yuppie Decor.
Restricted Activities: Your Content and your use of Yuppie Decor shall not be false, misleading, inaccurate, fraudulent, illegal; infringe on a third-party’s copyright or intellectual property; violate Yuppie Décor’s Terms of Use; be defamatory, threatening, or harassing; impersonate any person; be obscene or contain child pornography; contain destructive code; create a liability for Yuppie Décor; or be unlawful in any way.
F. Content
License: Yuppie Decor does not claim ownership rights in your Content. You grant Yuppie Decor a license solely to enable Yuppie Decor to use any information or Content you supply Yuppie Decor with, so that Yuppie Decor is not violating any rights you might have in that Content. You agree to allow Yuppie Decor to store or re-format your Content on Yuppie Decor and display your Content on Yuppie Decor in any way as Yuppie Decor chooses. Yuppie Decor will only use personal information in accordance with Yuppie Decor''s Privacy Policy.
As part of a transaction, you may obtain personal information, including email address and shipping information, from another Yuppie Decor user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Yuppie Decor-related communications. Yuppie Decor has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Yuppie Decor user to your email or physical mail list. For more information, see Yuppie Decor''s Privacy Policy.
Re-Posting Content: By posting Content on Yuppie Decor, it is possible for an outside website or a third party to re-post that Content. You agree to hold Yuppie Decor harmless for any dispute concerning this use. If you choose to display your own Yuppie Decor-hosted image on another website, the image must provide a link back to its listing page on Yuppie Decor.
G. Information Control
Yuppie Decor does not control the Content provided by users that is made available on Yuppie Decor. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using Yuppie Decor, you agree to accept such risks and that Yuppie Decor (and Yuppie Decor''s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Yuppie Decor. Please use caution, common sense, and practice safe buying and selling when using Yuppie Decor.
Other Resources: Yuppie Decor is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Yuppie Decor does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Yuppie Decor shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
H. In-Person Meetings and In-Home Design Services
Users may arrange and attend in-person meetings or may arrange to meet in person for in- home design services ("In-Person Meetings") with one or more individuals. Users are solely responsible for interactions with others. Users must comply with Yuppie Decor''s policies and acknowledge and agree to comply with the laws of the city, county and country in which the In-Person Meeting occurs.
Yuppie Decor does not supervise or control the In-Person Meetings, user-initiated online or offline gatherings, or the interactions among and between users and other persons or companies. Users are solely responsible for interactions with others. Users understand that Yuppie Decor does not in any way screen its users. All users agree to exercise prudence and good judgment in all interactions with others, particularly if meeting offline or in person.
I. Resolution of Disputes
In the event a dispute arises between you and Yuppie Decor, please contact Yuppie Decor at info@yuppiedecor.com
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in
Should you have a dispute with one or more users, or an outside party, you release Yuppie Decor (and Yuppie Decor''s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Yuppie Decor encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
Yuppie Decor, for the benefit of users, may try to help users resolve disputes. Yuppie Decor does so in Yuppie Decor''s sole discretion, and Yuppie Decor has no obligation to resolve disputes between users or between users and outside parties. To the extent that Yuppie Decor attempts to resolve a dispute, Yuppie Decor will do so in good faith based solely on Yuppie Decor''s policies. Yuppie Decor will not make judgments regarding legal issues or claims.
J. Yuppie Decor''s Intellectual Property
YUPPIE DECOR, and other Yuppie Decor graphics, logos, designs, page headers, button icons, scripts, and service names are solely the intellectual property of Yuppie Decor. Yuppie Decor''s logos and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion.
K. Interference
You agree that you will not use any robot, spider, scraper or other automated means to access Yuppie Decor for any purpose whatsoever. Additionally, you agree that you will not taken any actions that impose a large load on Yuppie Decor’s infrastructure; copy, reproduce, or use any works from the Yuppie Décor website without express prior written permission from Yuppie Decor; and interfere with the proper working nature of the website.
L. Violations
Yuppie Decor may, without notice, and without refunding any fees, delay or immediately remove Content, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user''s account privileges, terminate a user''s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user for any reason Yuppie Décor deems appropriate.
M. Privacy
Please see Yuppie Decor''s Privacy Policy for information related to privacy.
N. No Warranty
YUPPIE DECOR, YUPPIE DECOR''S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND YUPPIE DECOR''S SUPPLIERS PROVIDE YUPPIE DECOR''S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YUPPIE DECOR, YUPPIE DECOR''S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND YUPPIE DECOR''S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM YUPPIE DECOR SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
O. Liability Limit
IN NO EVENT SHALL YUPPIE DECOR, AND (AS APPLICABLE) YUPPIE DECOR''S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR YUPPIE DECOR''S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, YUPPIE DECOR''S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
YUPPIE DECOR''S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF YUPPIE DECOR''S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO YUPPIE DECOR IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
P. Indemnity
YOU AGREE TO INDEMNIFY AND HOLD YUPPIE DECOR AND (AS APPLICABLE) YUPPIE DECOR''S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, 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 THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
Q. Access
Yuppie Decor does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Yuppie Decor''s control.
R. Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Yuppie Decor service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items or services you make on the Site.
S. Severability
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties'' intention. All remaining provisions of this Agreement shall remain in full force and effect.
T. No Agency
You and Yuppie Decor are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
U. Yuppie Decor Service
Yuppie Decor reserves the right to modify or terminate the Yuppie Decor service for any reason, without notice, at any time. Yuppie Decor reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If Yuppie Decor makes a material change Yuppie Decor will notify you here, by email, by means of a notice on our home page, or other places Yuppie Decor deems appropriate. What constitutes a "material change" will be determined at Yuppie Decor''s sole discretion, in good faith, and using common sense and reasonable judgment.
V. Choice of Law
W. Notices
Except as explicitly stated otherwise, any notices shall be given by email to Yuppie Décor at info@yuppiedecor.com (in the case of Yuppie Decor) or, in your case, to the email address you provide to Yuppie Decor (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.
