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Welcome to the Room Candy Web Site ("Site").
Please review the following basic terms that govern
your use of and purchase of products from our Site.
Please note that your use of our Site constitutes your
agreement to follow and be bound by those terms (the
"Agreement").
GENERAL
We may from time to time change the terms that govern
your use of our Site. Your use of our Site following
any such change constitutes your agreement to follow
and be bound by the terms as changed.
We may change, move or delete portions of, or may add
to, our Site from time to time.
SITE CONTENTS
Unless otherwise noted, all materials, including images,
illustrations, designs, icons, photographs, video clips,
and written and other materials that appear as part
of this Site (collectively, the "Contents")
are copyrights, trademarks, trade dress and/or other
intellectual properties owned, controlled or licensed
by Room Candy Inc. collectively, and its subsidiaries
and/or affiliates ("Room Candy"). The Site
as a whole is protected by copyright and trade dress,
all worldwide rights, titles and interests in and to
which are owned by Room Candy Inc. Room Candy, room-candy.com
and all other Room Candy trademarks appearing at this
Site are trademarks of Room Candy Inc.
The Contents of our Site, and the Site as a whole,
are intended solely for personal, noncommercial (other
than for the purchase of merchandise from our site)
use by the users of our Site. You may download or copy
the Contents and other downloadable materials displayed
on the Site for your personal use only. No right, title
or interest in any downloaded materials or software
is transferred to you as a result of any such downloading
or copying. You may not reproduce (except as noted above),
publish, transmit, distribute, display, modify, create
derivative works from, sell or participate in any sale
of, or exploit in any way, in whole or in part, any
of the Contents, the Site, or any related software.
USER COMMENTS, FEEDBACK,
POSTCARDS AND OTHER SUBMISSIONS
All comments, feedback, postcards, suggestions, ideas,
and other submissions disclosed, submitted or offered
to Room Candy on or by this Site or otherwise disclosed,
submitted or offered in connection with your use of
this Site (collectively, "Comments") shall
be and remain Room Candy's property. Such disclosure,
submission or offer of any Comments shall constitute
an assignment to Room Candy of all worldwide rights,
titles and interests in all copyrights and other intellectual
properties in the Comments. Thus, Room Candy will own
exclusively all such rights, titles and interests and
shall not be limited in any way in its use, commercial
or otherwise, of any Comments. Room Candy is and shall
be under no obligation (1) to maintain any Comments
in confidence; (2) to pay to user any compensation for
any Comments; or (3) to respond to any user Comments.
You agree that no Comments submitted by you to the
Site will violate any right of any third party, including
copyright, trademark, privacy or other personal or proprietary
right(s). You further agree that no Comments submitted
by you to the Site will be or contain libelous or otherwise
unlawful, abusive or obscene material. You are and shall
remain solely responsible for the content of any Comments
you make.
You agree that Room Candy may use and/or disclose information
about your demographics and use of the Site in any manner
that does not reveal your identity. By participating
in Site sweepstakes, contests, promotions, and/or requesting
promotional information or product updates, you agree
that Room Candy may use your information for marketing
and promotional purposes.
ROOM CANDY'S COMMUNICATIONS
TO YOU
You agree that Room Candy may send electronic mail to
you for the purpose of advising you of changes or additions
to this Site, about any of Room Candy's products or
services, or for such other purpose(s) as Room Candy
deems appropriate.
PRODUCT INFORMATION
Some Room Candy products displayed at the Site are available
in select stores and locations in the United States
while supplies last. In some cases, merchandise displayed
for sale at the Site may not be available in stores
that carry Room Candy products. The prices displayed
at the Site are only applicable to products sold on
the Site. The prices displayed at the Site are quoted
in U.S. Dollars and are valid and effective only in
the United States.
COLORS
We have made every effort to display as accurately as
possible the colors of our products that appear at the
Site. However, as the actual colors you see will depend
on your monitor, we cannot guarantee that your monitor's
display of any color will be accurate.
LINKS TO OTHER WEB SITES
AND SERVICES
To the extent that this Site contains links to outside
services and resources, the availability and content
of which Room Candy does not control, any concerns regarding
any such service or resource, or any link thereto, should
be directed to the particular outside service or resource.
DISCLAIMER
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED
ON AN "AS IS" BASIS WITHOUT WARRANTIES OF
ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR
USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME
FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL
NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU
USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT
ROOM CANDY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY
KIND RELATED TO YOUR USE OF THIS SITE.
INACCURACY DISCLAIMER
From time to time there may be information on Room Candy.com
that contains typographical errors, inaccuracies, or
omissions that may relate to product descriptions, pricing,
and availability. We reserve the right to correct any
errors, inaccuracies or omissions and to change or update
information at any time without prior notice (including
after you have submitted your order). We apologize for
any inconvenience this may cause you.
INDEMNIFICATION
You agree to defend, indemnify and hold Room Candy harmless
from and against any and all claims, damages, costs
and expenses, including attorneys' fees, arising from
or related to your use of the Site.
TERMINATION
This Agreement is effective unless and until terminated
by either you or Room Candy. You may terminate this
Agreement at any time. Room Candy also may terminate
this Agreement at any time and may do so immediately
without notice, and accordingly deny you access to the
Site, if in Room Candy's sole discretion you fail to
comply with any term or provision of this Agreement.
Upon any termination of this Agreement by either you
or Room Candy, you must promptly destroy all materials
downloaded or otherwise obtained from this Site, as
well as all copies of such materials, whether made under
the terms of this Agreement or otherwise.
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