Terms and Conditions of Use

For the purposes of this Agreement: i)the “Website” shall mean the site homefolklore.com; ii) “Company” shall mean Home Folklore; iii) “Client” shall mean any registered user of the Website; iv) “Products” shall collectively mean all goods, forms, commentaries, information and/or instructions found on the Website or otherwise provided for sale by Home Folklore; and v) “Services” shall mean collectively the new or existing services offered for sale by Home Folklore on the Website.

This Terms and Conditions of Use Agreement sets forth the standards of use of homefolklore.com website. By using the homefolklore.com website, Clients and visitors agree to these terms and conditions. Website visitors and Clients who do not agree to the terms and conditions of this Agreement should immediately cease all usage of the Website.

Description of Products and Services

The Website sells items, fabrics, trims and notions for decorating the home, including linen, velvet, silk fabrics cut to length, assorted trims, antique buttons, and unique decorative items. The Website is providing unregistered users with photographic examples of the Company’s inventory and informational descriptions of the products. Visitors to the site must provide all equipment necessary for their own Internet connection, provide for their own access to the Internet, and pay any fees related with such connection.

Nature of Products/Limitation of Liability

The Website is provided by Home Folklore on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Home Folklore makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Website in terms of its correctness, accuracy, reliability, or otherwise. Home Folklore shall have no liability for any interruptions in the use of the Website.

All Products and Services (as defined above) are provided “as-is”. The Company disclaims all warranties with regard to the information provided, including the implied warranties of merchantability, suitability, fitness or completeness for any of the products or services for the visitor’s or Client’s particular needs. In no event will: I) Home Folklore, its agents, partners or affiliates; or II) the providers, designers or photographers of its products be responsible or liable for any direct indirect incidental special, exemplary, or consequential damages (including but not limited to, procurement of substitute goods or services; loss of use, date or profits; or business interruption) however used and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of these Products and Services or the use of the Website, even if advised of the possibility of such damage.

Indemnification

Client agrees to indemnify and hold the Company, its parents, subsidiaries, affiliates, officers, employees and subcontractors harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third party due to or arising out of the Client’s use of any Product or Service, the violation of this Agreement, or infringement by the Client, or other web visitor of the Products and Services using the Client’s computer, of any intellectual property or any other right of any person or entity.

Modifications and Interruption to Service

The Company reserves the right to modify or discontinue any Product or Service with or without notice to the Client. The Company shall not be liable to the Client or any third party should the Company exercise its right to modify or discontinue any Product or Service. The Client acknowledges and accepts that the Company does not guarantee continuous, uninterrupted or secure access to the Website and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

No Unlawful or Prohibited Use

All visitors agree not to use the Website, its Products and/or Services for any unlawful purpose or as prohibited by our terms, conditions and notices set forth in the Agreement and elsewhere on the Website.

All visitors also agree that when using the Website, its Products and/or Services, the visitor will not:

• Register as a client if the visitor is under 18 years of age.
• Upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless the Client owns or controls the rights thereto or has received all necessary consents.
• Upload files that contain viruses, Trojan horses, worms, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
• Use the Client’s account as a command and control point for botnets and related activities.
• Violate any applicable laws or regulations.
• Attempt to interfere with any other person’s use of the Website or its Products and/or Services.
• Use the Website or its Products and/or Services in a manner that results in excessive bandwidth, data transfer or server usage, as determined by the Company.
• Use the Website or its Products and/or Services in any manner which could damage, disable, overburden, or impair the Website, computer systems, servers and networks, or interfere with any other party’s use and enjoyment of the Website.
• Misrepresent the Client’s identity or impersonate any person.
• Charge others to use the Products and/or Services either directly or indirectly.
• Attempt to modify, translate, adapt, edit, copy, decompile, disassemble, or reverse engineer any software used or provided by the Company in connection with the Website or its Products and/or Services.
• Obtain or attempt to obtain any data through any means from the Website or its Products and/or Services, except if the Company intends to provide or make it available to the Client.
• Use the Website or its Products and/or Services for any unlawful purpose or to violate any federal, state, international law, code of conduct or other guidelines which may be applicable to the Products and/or Services or the Website.
• Copy, sell, transfer, distribute, publish, or assign the Client’s license to the Products and/or Services in any format to any third party.
• All judgments concerning the applicability of these guidelines shall be at the sole and exclusive discretion of the Company. The Company reserves the right, in its sole discretion, to determine whether and what action to take in response to any violation. Any action or inaction in a particular instance shall not dictate or limit the Company’s response to a future complaint.

Use/Copyright

The information, illustrations, text or images on the Website are protected by the laws of copyright. Visitors can access this content on the Website or via an authorized link. Visitors may not modify or use the content for any other purpose without the written permission. Except as otherwise stated in this Agreement, it is prohibited to reproduce, republish, post, transmit or distribute the content displayed on the Website.

All trademarks displayed on the Website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with the Company.

Product Use Outside of Defined Area

The Company makes no representations and give no warranties, express or implied, that making the Products and Services available in any particular jurisdiction outside the United States is permitted under such jurisdiction’s applicable laws or regulations. Accordingly, if making the Products and Services or any part available in the Client’s jurisdiction or to the Client (by reason of nationality, residence or otherwise) is prohibited, those Products and Services are not offered for sale to the Client. The Client accepts that if the Client is a resident outside the United States, the Client must satisfy his/herself that she/he is lawfully able to purchase the Products and Services. The Company accepts no liability, to the extent permitted by applicable law, for any costs, losses or damages resulting from or related to the purchase or attempted purchase of the Products and Services by persons: i) in jurisdictions outside the United States; ii) who are nominees of or trustees for citizens, residents or nationals of other countries; or iii) in the United States, who purchase products designed for jurisdictions other than their own.

Registered Website Services

Account Registrations and Security:

• Access to some of the Products and Services require registration. In order to register, the Client agrees to provide the Website with accurate and up-to-date information. The Client also represents that she/he is at least 18 years of age and that she/he has the legal right to use the e-mail address(es) he/she provides.
• Registered accounts are only to be used by the person or organization who registered it (the Client). The Client agrees not to disclose the account log-in or access code to any third party or authorize them to access or use the Services on the Client’s behalf. The Client shall immediately notify the Company of any unauthorized use of a user ID or password or any other breach of security. The Company cannot and will not be liable for any damage or loss arising from any unauthorized use of the Client’s account.
• Payment: Credit card payments are processed through Paypal. Payment is due before shipment of all Products and Services. Access to delinquent accounts will be blocked. After 30 days in arrears, the account’s content will be deleted.
• The Company reserves the right to change fees for the Products and Services at any time, upon thirty (30) days prior notice to any Client currently using those Products and Services (which may be delivered to the email address the Client have most recently provided the Company).
• Termination and Access Restriction: If the Client violates or if the Company has grounds to suspect that the Client has violated the guidelines set forth in these Terms and Conditions of Use and/or other use parameters included on the Website, the Company may suspend or terminate the Client’s account and refuse use of the Products and/or Services (or any portion thereof). The rights granted by the Company to use the Products and Services offered on the Website are predicated upon the Client’s: a) acknowledgment and acceptance of these Terms and Conditions of Use; b) payment for the access granted; and/or c) not sharing the access granted with any other person or entity. In the event that a Client fails to pay for the access granted, or shares the access granted with any person or entity, or misuses the system by any means actionable under a federal, state, or local statute, code, regulation, law, or civil action, the Company will consider the Client’s access as having been acquired by fraud or misrepresentation and will terminate the Client’s access. In such a case, the Company retains the right to seek civil or criminal redress, the entire cost of which shall be borne solely by the Client.

Disclosure and Removal of Information

The Company will not disclose any Client’s personal information to third parties without the Client’s permission except in the following circumstances: i) to protect the Company from liability, or ii) to respond to a legal process or comply with the law.

Consent to Electronic Communications and Solicitation

By registering with the Website, the Client understands that the Company may send communications or data including but not limited to: (i) notices about the Client’s use of the Products and/or Services, including return shipping labels and any notices concerning violations of use: (ii) updates: and (iii) promotional information and materials regarding the Products and/or Services, via electronic mail.

Third Party Content, Sites And Services

The Website may contain links to other Internet sites, resources and/or sponsors of the Website. The Company does not verify, warrant, endorse or take responsibility for the availability, accuracy, completeness or quality of the content contained in these outside sites. The Company is providing these links to visitors only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the site or any association with its operators.

The Products and Services may contain features and functionalities linking the Client or providing the Client with certain functionality and access to third party content, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. The Company may also provide some content to the Client as part of the Products and Services.

Assignment

The Company may assign, transfer, novate or subcontract any or all of our rights and obligations under these Terms and Conditions of Use at any time.

Modifications to the Terms and Conditions

The Company reserves the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the Website. Continued use by any visitor or registered Client of any Products and Services after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Visitors and Clients must check the Terms and Conditions of Use on the Website regularly. Except as provided in this paragraph, this Agreement may not be amended.

Entire Agreement

These Terms and Conditions of Use together with the Website Privacy Policy, any product disclaimers, and any order form and payment method instructions, if any, constitute the entire agreement between the Client or visitor and the Company. Visitors and Clients acknowledge that he/she has not entered into this agreement in reliance upon any statement, warranty or representation made by the Company or any other person or entity and that she/he irrevocably and unconditionally waives any rights to claim damages and/or to rescind these Terms and Conditions of Use by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the Terms and Conditions of Use, the Website Privacy Policy, any Product or Service disclaimers, and any order form and payment method instructions.

Severability

If any provision or term of these Terms and Conditions of Use shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them.

Waiver

Failure or delay by either party enforcing an obligation or exercising a right under these Terms and Conditions of Use does not constitute a waiver of that obligation or right.

Governing Law

These Terms and Conditions of Use, the use of the Website, our Products and Services are governed in accordance with the laws of the State of California and federal laws of the United States. The Company makes no representation that the Website or the Company’s Products and Services are appropriate, legal or available for use in other locations. Accordingly, all visitors and Clients who choose to access the Website agree to do so subject to the internal laws of the State of California.