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Use of Site
Habitat Designs grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials herein for your personal use only, provided that you comply fully with these terms and conditions of use. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or other means expressly prohibited by any provision of these terms and conditions of use.
Changes to Terms and Conditions
Habitat Designs reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms and conditions of use, in whole or in part, at any time. Changes in these terms and conditions of use will be effective when posted. You agree to review these terms and conditions of use periodically to be aware of any changes. Your continued use of the Site after any changes to these terms and conditions of use are posted will be considered acceptance of those changes.
Notice of Ownership
Habitat Designs owns, controls, licenses or has the right to use and provide the Site and all material on the Site, including without limitation text, images, articles, photographs, illustrations, audio and video clips, (collectively the "Content"). The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. Habitat Designs is the owner of the copyright in the entire Site. Habitat Designs owns a copyright in the selection, coordination, arrangement and enhancement of the Site. You agree to abide by any and all copyright notices, information or restrictions displayed on the Site.
You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way exploit the Site or any portion thereof for any public or commercial use without the express written permission of Habitat Designs . You may download one (1) copy of Content from the Site for your personal use, provided that you maintain all copyright, attribution and other notices contained in such Content, including without limitation trademarks and service marks of Habitat Designs and its affiliates or the copyright holder identified in the individual Content's copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any such downloaded Content.
Modifications
Habitat Designs shall have the right for any reason, in its sole discretion, to terminate, modify, suspend or discontinue any aspect of the Site, including but not limited to Content, features, or availability. Habitat Designs may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.
Acceptable Use Policy
As a condition of your use of this Site, you warrant to Habitat Designs that you:
- Will only use this Site for lawful purposes in accordance with our terms and conditions.
- Agree with our online Privacy Policy.
- Agree to honor our intellectual property rights.
- Agree to provide us with accurate information as necessary for the proper conduct of electronic commerce through our
- Site and to take responsibility for the information you provide.
- Acknowledge that we may be unable to process and shall have no responsibility to process transactions the accuracy of which we cannot validate.
- Agree not to create a link (other than personal "bookmark" or "favorites" entry) to our Site without first obtaining our written permission.
- Will refrain from using profane, vulgar, inflammatory, libelous, or similarly discourteous language in any e-mail or form entry created through this Site.
Indemnification
You shall indemnify, defend and hold harmless Habitat Designs, as well as any parent, subsidiary and other affiliated entities, and all their officers, directors, owners, agents, employees, Content providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys' fees) urred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of the Site. Habitat Designs reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Habitat Designs .
Disclaimer and Limitation of Liability
THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER Habitat Designs NOR ITS CONTENT PROVIDERS WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO THEY MAKE ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR RELIABILITY OF THE SITE, THE CONTENT THEREOF, THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. Habitat Designs AND ITS PARENT COMPANIES, SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE, LUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, LUDING BUT NOT LIMITED TO Habitat Designs ' NEGLIGENCE. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
UNDER NO CIRCUMSTANCES SHALL Habitat Designs , ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS AND FUNCTIONS IN THE SITE, LUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF Habitat Designs , ITS PARENT COMPANIES, SUBSIDIARIES AND AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OF USE OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.
Rights to Materials Provided by Users
Habitat Designs welcomes your comments regarding our merchandise and services, including the Site. However, any or all material and information provided by you to the Site may be included in a database owned by Habitat Designs and its subsidiaries and affiliates in which we have rights and interest, including but not limited to, the compilation copyright. We reserve the right to use any information or materials you provide to us or that we obtain through your use of the Site to the fullest extent permitted by law.
By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to or within the Site, you grant to Habitat Designs a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by Habitat Designs of any material or idea submitted by you in any Communications or receive any compensation for such use. You waive all rights to any claim against Habitat Designs for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that Habitat Designs is under no obligations to use any material or ideas submitted by you in any Communications in any way whatsoever.
General Provisions
These terms and conditions of use shall be governed by and construed in accordance with the laws of the United States, Canada, Switzerland, the U.K., and all out countries not listed, without any regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these terms and conditions of use shall be directed and given full jurisdiction the courts and judicial systems of Switzerland. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect. These terms and conditions of use constitute the entire agreement between you and Habitat Designs with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either you or Habitat Designs of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Privacy Policy
Habitat Designs has created this privacy statement in order to demonstrate our firm commitment to our visitors' and customers' privacy.
Personal and Non-Personal Information
When registering at our Site, entering a contest, or responding to a survey, you may be asked to provide certain personally identifiable information about yourself, such as your name, email address, physical address, or telephone number. For purchases, we require a name, physical address, telephone number and credit card number.
We use personal information provided on order forms, such as a purchaser's name, email address, physical address, and credit card, to fulfill merchandise orders. We may also use order information to contact a purchaser when necessary, such as when a delivery may be delayed or when an ordered product is out of stock. Habitat Designs may use personal information to notify consumers about new products or services. If we do, we will provide you with an email address by which you may inform us that you do not wish to receive such materials in the future. Habitat Designs will not share any personal information without your permission with any unaffiliated third parties, unless required by law.
We may also request non-personally identifiable information, such as annual ome, buying preferences, or age, also known as demographic and profile data, though this information is optional. We may use this data to improve our Site and enhance your shopping experience. For example, we may use this data to tailor your experience at our Site, showing you content that we think you might be interested in, and displaying content according to your preferences. We may also share this information with others, such as advertisers interested in advertising on the Habitat Designs Site, in aggregate, anonymous form, which means that the information will not contain any personally identifiable information about you or any other person.
Cookies
"Cookies" are pieces of information that are placed on an individual's computer hard drive to enable the individual to more easily communicate and interact with the Habitat Designs Site. Habitat Designs may use cookies to customize your shopping experience, to keep track of your shopping cart and to make sure you don't see the same ad repeatedly. However, you may disallow cookies through your web browser and still browse and shop on our Site. Habitat Designs will never use cookies to retrieve information from a computer that is unrelated to the Habitat Designs Site or your interaction with the Habitat Designs Site.
Internet Protocol (IP) Address
We may use your IP address to help diagnose problems with our server, and to administer our Site. Your IP address is used to help identify you and your shopping cart for the duration of a session and to gather broad demographic information.
Consent to Processing
By providing any personal information to this Site, you fully understand and unambiguously consent to the collection and processing of such information in Switzerland.
Security
We take seriously the security for all personal and non-personal information associated with our visitors and customers. We use the encryption process Secure Sockets Layering (SSL) to secure transmission of your order. Only those Habitat Designs employees who need access to your information in order to perform their duties are allowed access. Any employee who violates our privacy and/or security policies may be subject to disciplinary action, including possible termination and civil and/or criminal prosecution.
By using this Site, you signify your assent to our Privacy Policy. If you do not agree to this policy, please do not use our Site. We reserve the right, at our discretion, to change, modify, add, or remove portions from this policy at any time. Your continued use of our site following the posting of changes to these terms means you accept these changes.
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