Terms of Use

Acceptance of the Terms of Use

Welcome to the website of Designer Drapery Studio, LLC (“Company”, “Designer Drapery Studio”, “our”, “we” or “us”). The following terms and conditions (together with any documents referred to herein) (“Terms of Use”) apply to your use of our website, http://www.theshadestore.com, including any and all web pages related thereto (the “Site”)

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE. YOUR USE OF THE SITE IN ANY FORM SIGNIFIES YOUR UNCONDITIONAL ACCEPTANCE OF AND AGREEMENT TO BE BOUND BY THESE TERMS OF USE AND SHALL HAVE THE SAME FORCE AND EFFECT AS IF YOU HAD ACTUALLY SIGNED AN AGREEMENT USING THESE TERMS. If you do not agree to be bound by these Terms of Use, you may not access or otherwise use this siite. You hereby represent and warrant that you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

Privacy Policy

The Company’s Privacy Policy describes our privacy practices with regard to information collected from you when you use the Site and is hereby incorporated by reference into these Terms of Use.

Intellectual Property Rights and Restrictions

The Site and all of the content now or hereafter included thereon, including without limitation, all photographs, images, designs, text, articles, publications, catalogs, digital downloads, product information, software, code, technology, data, video and audio, graphics, logos, icons, slogans, trade names, product/service names, trademarks, service marks, domain names, and the “look and feel”, design, selection and arrangement of the Site as a collective work and/or compilation (collectively the “Content”) are protected by United States and international laws regarding copyrights, trademarks, trade dress, unfair competition and other intellectual property or proprietary rights and are owned or licensed, as the case may be, by Designer Drapery Studio, except to the extent otherwise expressly indicated or attributed in the Content. You must abide by all copyright notices, trademark notices, attribution information, or restrictions contained in any Content accessed through the Site. No right relating to any intellectual property of Designer Drapery Studio or any other party is transferred to you or any other person as a result of your or their access to or use of this Site. In addition to the foregoing, the trademarks, logos and service marks of Designer Drapery Studio shall not be used in connection with any product or service that is not expressly authorized by Designer Drapery Studio or in any manner that is likely to cause consumer confusion or in any manner that disparages or discredits Designer Drapery Studio.

Site Access; Limited License

Designer Drapery Studio grants you a non-exclusive, non-transferable, revocable, limited right to access, use and display the Site and its Contents for your personal, noncommercial (other than for the purchase of merchandise from Designer Drapery Studio) use only. Except as otherwise provided herein, you may not copy, reproduce, modify, create derivative works from, publicly display or perform, publish, republish, transfer, sell, download (other than page caching on your web browser), store, transmit, distribute or exploit this Site, the Contents, any materials downloadable therefrom, or any related software, without the express prior written consent of Designer Drapery Studio. Any other use of the Content is strictly prohibited. Except with respect to product orders placed by designers, architects and other commercial groups by virtue of the “to the trade” portal on the Site (“Trade Partners”), you must not reproduce, resell, or otherwise exploit for any commercial purposes any products or services provided on or through this Site or any Content; provided, however, that in no event shall any Trade Partner represent itself as Designer Drapery Studio, carry on its business in a manner that is likely to cause consumer confusion with respect to Designer Drapery Studio products and/or services, or otherwise use Designer Drapery Studio’s trademarks, service marks, trade names, trade dress, logos or other intellectual properties in connection with any Trade Partner product or service. All use of the Site and downloading of Content is at your own risk.

Designer Drapery Studio and its affiliates reserve the right, in our sole discretion, to terminate or suspend your access to, and/or use of, the Site, or any portion thereof, at any time, with or without notice, and/or to refuse service, terminate accounts and/or cancel orders if Designer Drapery Studio reasonably believes that customer’s actual or intended conduct violates applicable law, rule or regulation, these Terms of Use, or any other policy, term, condition or disclaimer set forth on this Site or is otherwise harmful to the interests of Designer Drapery Studio or any of its affiliates.

Registration

Certain areas of the Site may require registration. If you register or provide information to us in any manner, you agree to provide only accurate, current and complete information. If we issue a username and/or password to you, you agree to protect such information by, among other things, keeping your username, password and any other information relating to your account confidential. The protection of your username and password is your responsibility. If, notwithstanding the foregoing obligation, you allow another party to use your account, you will be responsible for making such party aware of these Terms of Use and for the use of the Site by such party in accordance therewith.

Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

In any way that violates any applicable federal, state, local and international law or regulation.
Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site or otherwise use any device, software or routine that interferes with the proper working of the Site.
Use any robot, spider or other automatic device, process or means to access the Site or to obtain user or other information from the Site (including, without limitation, any information residing on any server or database connected to the Site).
Use any manual process to monitor or copy any of the Content on the Site or for any other unauthorized purpose without our prior written consent.
Introduce any viruses, trojan horses, worms, code, or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, hack into, attack, decrypt, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
Attempt to decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Site.

Accuracy of Products

Designer Drapery Studio attempts to assure that the display of the colors and textures of our products that appear on our site are as accurate as reasonably possible. However, as the actual colors and textures you see will depend on your monitor and printer, we cannot guarantee that your monitor’s display of any color will be 100% accurate.

Inaccuracy Disclaimer

Designer Drapery Studio does not guarantee that the information or Content contained on this Site will not contain errors, inaccuracies or omissions. From time to time there may be information on the Site that contains typographical errors, inaccuracies and/or omissions that may relate to colors, product descriptions, pricing, availability or other Content on this Site. Designer Drapery Studio reserves the right to correct any errors, inaccuracies or omissions and to change or update information or Content at any time, each without prior notice to you (including prior to fulfilling any order that you may have submitted). Further, Designer Drapery Studio reserves the right to refuse or cancel any orders containing any error, inaccuracy or omission, whether or not the order has been submitted, confirmed and/or your credit card has been charged. If your credit card has been charged for the purchase and your order is canceled, Designer Drapery Studio will promptly issue a credit to your credit card. If you have any questions or in the unlikely event you encounter such an experience, please email support@designerdraperystudio.com.

User-Generated Content

The Site may contain message boards, chat rooms, blogs, personal web pages, email capabilities, profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow you post, submit, publish, display or transmit to other users (hereinafter “post”) content or materials on or through the Site or to submit suggestions, feedback or inquiries to Designer Drapery Studio (collectively, “User Generated Content”). All User Generated Content must comply with the Content Standards set out below in these Terms of Use and will be considered non-confidential and non-proprietary. By submitting User Generated Content, you grant to Designer Drapery Studio and its affiliates the irrevocable, perpetual, non-exclusive, worldwide, royalty-free, transferable and sub-licensable right and license to use, reproduce, modify, adapt, transmit, publish, sell, assign, translate, distribute, publicly display and perform, and create derivative works from the User-Generated Content submitted by you, in each case in any media now or hereafter known and in any manner for any purpose with no monetary compensation due to you at any time. Designer Drapery Studio has no obligation to provide attribution for any User-Generated Content you provide. By submitting User-Generated Content, you: (i) represent and warrant that you either own or control all right, title and interest in and to the User-Generated Content and that you have the right to grant Designer Drapery Studio and its affiliates the license granted above; (ii) represent and warrant that all information you provide in such User-Generated Content is true, accurate and complete, and does not violate these Terms of Use, the Content Standards, or the terms of any third party license; and, (iii) waive any moral rights you may have in such User-Generated Content, including if such User-Generated Content is changed in a manner not agreeable to you.

You understand and acknowledge that you are solely responsible for the User-Generated Content you submit to or otherwise make available on the Site. Designer Drapery Studio has no duty to monitor, pre-screen or regularly review submissions of User-Generated Content made to the Site. Notwithstanding the foregoing, Designer Drapery Studio has the right, but not the obligation, to edit, refuse to post, or remove any User-Generated Content which it deems inappropriate or in violation of these Terms of Use (including the Content Standards), in Designer Drapery Studio’s sole discretion. Designer Drapery Studio does not take any responsibility and does not assume any liability for any User-Generated Content posted by you or any other user, including the failure to maintain the same. All opinions expressed by users in User-Generated Content are expressed strictly in such user’s individual capacity and do not reflect the opinion of Designer Drapery Studio. All decisions regarding User-Generated Content and compliance with these Terms of Use will be determined by Designer Drapery Studio in its sole discretion. If you do not agree to these terms, do not submit any User-Generated Content.

Content Standards

These content standards (the “Content Standards”) apply to any and all User Generated Content. Without limiting the foregoing, User Generated Content must not:

contain any material which is libelous, defamatory, obscene, pornographic, indecent, hateful, inflammatory or otherwise illegal;
be threatening, abusive, or disruptive to Designer Drapery Studio or users of the Site (including without limitation repetitive, meaningless or harassing messages, personal attacks, etc.) or cause injury, embarrassment or harm to any person or entity.
abuse or discriminate on the basis of race, religion, nationality, gender, sexual orientation, age, disability, etc.
infringe the intellectual property rights, including without limitation copyrights and trademarks, of any other person or entity;
use another person’s name or impersonate or attempt to impersonate another person or entity, Designer Drapery Studio or any of its representative, or use a fake or alternative identity that is misleading or is for a deceptive purpose;
violate any applicable law or violate the rights of any other person or entity;
contain any software viruses, political campaigning, chain letters, mass mailings, “worms” or constitute any form of “spam” or other communication in violation of the CAN-SPAM Act of 2003 (Controlling the Assault of Non-Solicited Pornography and Marketing Act);

promote, offer or advertise the products or services of any person or entity other than Designer Drapery Studio, involve commercial activities or commercial solicitations, or the solicitation of any funds or consideration.

User Identity and Privacy

Designer Drapery Studio does not warrant or claim to have verified the identity of any user providing User Generated Content. There may be users who post under a false identity. Designer Drapery Studio reserves the right at all times to disclose the contact, personal information and any other information of a user as is necessary to satisfy any law, regulation or government request, to the fullest extent of applicable law. For information on our privacy policies regarding personal information collected on the Site, please see our Privacy Policy.

Indemnification

You shall indemnify and hold harmless Designer Drapery Studio, its affiliates, and their respective officers, managers, members, agents, employees, service providers, suppliers, licensors and licensees (collectively the “Indemnified Parties”) from and against any and all losses, damages, liabilities, fees, costs, and expenses (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim, matter, action, cause of action, or suit, whether civil, criminal, administrative or investigative (each, a “Proceeding”) arising out of, based upon, the use of the Site, any User-Generated Content submitted, or the breach or alleged breach of these Terms of Use by you or any other user of your account. In no event shall you settle any such Proceeding without the written consent of Designer Drapery Studio.

Disclaimer of Warranties

THIS SITE IS PROVIDED BY DESIGNER DRAPERY STUDIO, LLC ON AN “AS IS”, “AS AVAILABLE” BASIS. YOUR USE OF THE SITE, ITS CONTENTS, AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK AND, EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, DESIGNER DRAPERY STUDIO, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND THE INFORMATION, CONTENT, SERVICES, OR PRODUCTS AVAILABLE FROM THIS SITE, OR THAT THE SITE WILL BE SECURE, ACCURATE, RELIABLE, ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW AND EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, DESIGNER DRAPERY STUDIO, LLC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND THE INFORMATION, CONTENT, SERVICES, OR PRODUCTS AVAILABLE FROM THIS SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DESIGNER DRAPERY STUDIO, LLC, ITS AFFILIATES, AND THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, STRATEGIC PARTNERS, AGENTS AND/OR EMPLOYEES SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS SITE OR ANY INFORMATION, CONTENT, SERVICES, OR PRODUCTS AVAILABLE FROM THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.

Terms of Sale

The terms of sale with regard to the placement of orders and the purchase of window treatments or other products from Designer Drapery Studio through the Site are governed by the Terms of Sale and other purchase-related policies available on the Site, such as the “Limited Warranty” and “Shipping + Handling” , which are in effect at the time of purchase.

Promotions and Sales

From time to time, Designer Drapery Studio, LLC may offer different sales and/or promotions upon such terms as are provided in connection therewith. Unless otherwise expressly provided in such specific promotion or sale terms, promotions cannot be combined with other promotions or sales, and any exclusive promotion can only be used by the recipient of the exclusive promotion. Promotional codes are only valid on a ‘per order basis’ and thus attempting to apply the same promotional code to multiple orders is not allowed.

Copyright Violations

When we receive proper notification of alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material and it is our policy to terminate the user accounts of repeat infringers. Please direct all such notifications to: help@theshadestore.comand insert “Re: Copyright Violation” in the subject line header of the email.

Severability; Waiver

If for any reason a court of competent jurisdiction finds any provision (or portion thereof) of these Terms of Use, to be unenforceable, the remaining provisions (or portions thereof) shall be enforced to the maximum extent permissible and shall continue in full force and effect so as to effect the intent of these Terms of Use. No waiver or failure to exercise or enforce any right or provision of these Terms of Use shall be deemed a further or continuing waiver of such right or provision or any other right or provision.

Entire Agreement

These Terms of Use (including our Privacy Policy and any other documents or policies appearing on the Site) constitute the entire agreement between you and Designer Drapery Studio, LLC with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.

Contact Us

If you have any questions about these Terms of Use or want to request permission to reproduce content from this site, please contact us at support@designerdraperystudio.com