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1. Your Acceptance
BY CLICKING ON “I AGREE,” OR BY USING AND/OR VISITING THIS WEBSITE (INCLUDING ALL CONTENT AVAILABLE THROUGH THE http://www.decalcomania.com/ DOMAIN NAME), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS OF USE (THE "TERMS OF SERVICE") AND THE Decalcomania PRIVACY POLICY, WHICH IS AVAILABLE AT https://decalcomania.com/pages/privacy-policy, WHICH ARE INCORPORATED HEREIN BY REFERENCE. Additionally, by accepting these terms and conditions of use, you agree that your child and/or minor child will be using the Augmented Reality APP with the functions and features available to them provided by Decalcomania, LLC.
IF YOU DO NOT AGREE TO ANY OF THESE TERMS, THEN PLEASE DO NOT CLICK ON “I AGREE” OR USE THE Decalcomania WEBSITE. IF YOU HAVE PAID MONEY TO DECALCOMANIA, LLC , THE OWNER AND OPERATOR OF THIS WEBSITE, PRIOR TO REVIEWING THESE TERMS OF SERVICE AND YOU NOW DISAGREE WITH THEM, PLEASE CONTACT DECALCOMANIA, LLC AT sales@decalcomania.com ABOUT OBTAINING A REFUND. THIS AGREEMENT IS EFFECTIVE AS OF THE DATE AND TIME IN YOUR LOCATION WHEN YOU CLICK ON “I AGREE” OR OTHERWISE CONTINUE TO USE THE WEBSITE AFTER HAVING VISITED THIS PAGE. PLEASE PRINT OUT A COPY OF THIS DOCUMENT NOW AND RETAIN IT FOR YOUR FUTURE REFERENCE AS IT WILL BECOME A BINDING CONTRACT WHEN YOU CLICK ON “I AGREE.”
2. General Usage- These Terms of Service apply to all users of the Decalcomania Website (the “Website”) and users of the Augmented Reality APP, including users who are also contributors of item listings, video content, information, forum posts, blogs, and other materials or services to the Website. The Website may contain links to third-party websites that are not owned or controlled by Decalcomania, LLC; Decalcomania, LLC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, Decalcomania, LLC will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve Decalcomania, LLC from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.
- Important Payment Information: Decalcomania, LLC charges a NON-REFUNDABLE listing fee to Users who choose to list an item or items for sale or exchange on the Website. If you do not wish to pay a non-refundable listing fee to list an item on the Website, please do not use the Website or the services.
- To view or access all the features of the Website, your web browser may require additional third-party software, also known as plug-ins, add-ons, extensions, etc. Decalcomania, LLC makes no warranties that this third-party software will be compatible with your computer and specifically disclaims any liability for direct or consequential damages that arise when you download, install, or use third-party software to access the content or features of the Website.
Decalcomania, LLC hereby grants you permission to use the Website as set forth in these Terms of Service, conditioned upon: (i) your use of the Website as permitted hereby is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without Decalcomania, LLC’s prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
- Although Decalcomania, LLC will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Decalcomania, LLC or others due to such unauthorized use.
- You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Decalcomania, LLC servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser. Notwithstanding the foregoing, Decalcomania, LLC grants the operators of public search engines permission to use automated systems to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Decalcomania, LLC reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, and not to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions (as defined below).
The content on the Website, except all User Submissions (as defined below), including without limitation, the text, software, metatags, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks, trade dress and logos contained therein ("Marks"), are owned by or licensed to Decalcomania, LLC, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Decalcomania, LLC reserves all rights not expressly granted in and to the Website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
5. Unsolicited Idea Submission Policy.Please do not send unsolicited ideas to Decalcomania, LLC, including but not limited to ideas for advertising campaigns, promotions, products, product improvements, processes, materials, marketing plans, or product names. Neither Decalcomania, LLC nor any of its employees accept or consider unsolicited ideas. This policy is intended to avoid misunderstandings or disputes when Decalcomania, LLC’s products, services, or marketing strategies seem similar to unsolicited ideas that were submitted to Decalcomania, LLC
If, despite our request that you not send us your ideas, you still send them, then regardless of what your submission states, the following terms shall apply to your submission: (1) you agree that your ideas will automatically become the property of Decalcomania, LLC, without compensation to you, and (2) you agree that Decalcomania, LLC can use the ideas for any purpose and in any way—even give them to others.
Decalcomania, LLC does, however, welcome your feedback regarding many areas of our existing business. If you want to send us your feedback—and we hope you do—just use our Contact Us page. Please provide only specific feedback on our existing products or marketing strategies (in other words, do not include any unsolicited ideas that our policy will not permit us to accept or consider). The foregoing Section 6 does not apply to User Submissions, which are governed by Section 5.
6. Warranty DisclaimerYOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DECALCOMANIA, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. DECALCOMANIA, LLC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY
OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE AND/OR (VII) ANY FAILED BARTER OR SALES TRANSACTION THAT IS NOT CONSUMMATED AS A RESULT OF ANY ACTION OR INACTION ON THE PART OF BUYER, SELLER, OR BOTH. DECALCOMANIA, LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DECALCOMANIA, LLC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. Limitation of LiabilityIN NO EVENT SHALL DECALCOMANIA, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, AND/OR (VII) ANY FAILED BARTER OR SALES TRANSACTION THAT IS NOT CONSUMMATED AS A RESULT OF ANY ACTION OR INACTION ON THE PART OF BUYER, SELLER, OR BOTH, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DECALCOMANIA, LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT DECALCOMANIA, LLC SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. The Website is controlled and offered by Decalcomania, LLC from its facilities in the United States of America. Decalcomania, LLC makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
8. IndemnityYou agree to defend, indemnify, and hold harmless Decalcomania, LLC, its parent company, officers,
directors, affiliates, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third-party right, including without limitation any copyright, patent, trademark, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Website.
9. Ability to Accept Terms of ServiceYou affirm that you are 18 or more years of age on the date at your location at which you click on “I Agree,” and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
10. AssignmentThese Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Decalcomania, LLC without restriction.
11. GeneralYou agree that: (i) the Website is to be deemed to be based solely in Idaho, USA; and (ii) the Website is to be deemed a passive website that does not seek to purposefully avail itself of the benefits and privileges of doing business in any state other than Idaho and thus does not give rise to personal jurisdiction over Decalcomania, LLC, either specific or general, in jurisdictions other than Idaho. These Terms of Service shall be governed by the internal substantive laws of the State of Idaho, without respect to its conflict of laws principles. Any claim or dispute between you and Decalcomania, LLC that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Ada County, Idaho. These Terms of Service, together with the Privacy Policy at http://www.decalcomania.com/privacy.html and any other legal notices published by Decalcomania, LLC on the Website, shall constitute the entire agreement between you and Decalcomania, LLC concerning the Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Decalcomania, LLC's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
Decalcomania, LLC may amend these Terms of Service at any time. If you wish to be notified of any changes to these Terms of Service, you must e-mail us at sales@decalcomania.com, and if your e-mail address changes at any time, you are responsible for notifying us of your new address by sending an e-mail to sales@decalcomania.com. If you choose not to be notified of any changes to these Terms of Service by not complying with the preceding e-mail notification requirements, you thereby waive your right to notification and agree that you are responsible for reviewing these Terms of Service each time you visit this Website. In all cases, your use of the Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms, even if we fail to send you an e-mail notification. YOU AND DECALCOMANIA, LLC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION WILL BE PERMANENTLY WAIVED.
Changes to TOS and Privacy Policy: (Best Practice for COPPA and FERPA)
We may from time to time make changes to this Privacy Policy and TOS to account for changes to our practices or applicable law. If we make changes to this Privacy Policy and/or TOS that we believe will materially affect your rights, we will notify you by email about these changes. If you continue to use our service after you receive notice of changes to this Privacy Policy and/or TOS, we will assume that you have accepted these changes.
