Terms and Conditions

 

WELCOME TO RevolvingDecor.com (“RD” or “Revolving Decor”). By accessing our servers, websites, mobile application, or content thereon (“Services”), you agree to be bound by these Terms of Use (“TOU”).  Your use of RD’s services affirms your acceptance of these TOU.  If you do not accept any TOU, you should not continue to use RD’s Services.

 

RD reserves the right to change the terms of the TOU in its sole discretion and without notice to Users.  In the event that the TOU are modified, this agreement will be automatically superseded by any new TOU.  Your continued use of the Services will confirm your acceptance of the revised Terms.

 

If you have any questions about Revolving Decor or these TOU, please refer to our Frequently Asked Questions  All other questions or comments should be directed to info@revolvingdecor.com.

 

A.        ACCOUNT REGISTRATION

 

In order to become a buyer or seller on RD, you will need to register for an online account.  You cannot use an account name that incorporates a trademark without authorization from the trademark owner.  RD reserves the right to reject and/or reclaim any account names on behalf of any businesses or individuals that claim rights, including trademark rights, to those names.

 

In registering an account with RD, you agree: (1) to provide current, complete and truthful information; (2) to maintain and update your account; (3) maintain the security of your password; and (4) promptly notify RD if you discover or suspect the unauthorized use or any other security breaches related to your account or RD’s website.  You further agree to accept all risks related to (1) the use of RD; (2) the unauthorized use or access to your RD account; and (3)  the use of information provided to RD.

 

As a user of RD, you agree not to transmit, distribute, store, create or otherwise publish any of the following:

 

• Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
• Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
• Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
• Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
• Unsolicited promotions, political campaigning, advertising or solicitations;
• Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• Viruses, corrupted data or other harmful, disruptive or destructive files; or
• Content that, in our sole judgment, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose us or our users to any harm or liability of any type.

 

B.        BUYERS AND SELLERS TERMS

 

1.         Buyers’ Terms

When you use our Services to purchase an item, the following terms apply:

 

Pricing.  All prices are shown in U.S. dollars and are subject to change without notice.  Buyers may inquire directly with sellers to determine whether prices are negotiable.

 

Errors. We attempt to be as accurate as possible and to eliminate errors in connection with our content. We do not represent or warrant that any product, description, photograph, price or other information is accurate, complete, reliable, current or error-free.  We do not recommend that any purchase be made sight-unseen and expect that Buyers will verify the accuracy of the description or other information at the time the product is viewed and inspected.  We do not warrant the condition of the product and do not make any warranty as to the safety of the product.  Buyers agree to purchase products on an “as is” basis and at their own risk.

 

Agreement to Purchase. Any item listed on RD is available to any purchaser until money has been paid for the item.  You do not have any claim to an item until you you have paid for its purchase.

 

Privacy. Any information that a seller shares with you (for example, an address in order to view an item) can only be used in connection with performing your obligations under these Terms. You agree that you will not collect users’ personal and/or contact information and/or use this information for any other purpose, including to market other products to the seller or to facilitate transactions outside of RD.

 

Delivery and Shipping. RD does not offer delivery or shipping services; arrangement of delivery and shipping is the responsibility of the buyer. Buyer agrees to pay all delivery and/or shipping charges associated with a purchase, unless a different arrangement is reached between the parties. In the event an item is damaged in delivery or shipment, your sole recourse is against the third party vendor providing the delivery or shipping services.

 

Payment. The method of payment shall be directed by the seller.  You are responsible for resolving any problems you encounter in connection with making a purchase using paypal or other electronic payment service.

 

2.         Sellers’ Terms

Submission of Listings.  RD must review, edit and approve each listing before it appears on the site.  RD will respond to submissions, usually within 24 hours, confirming that your item for sale will be posted on the site.  Seller understands and agrees that there is no guarantee that any item will be accepted to be listed on the site, and RD reserves the right to reject any listing for any reason.

 

Listing Information.  Sellers agree to submit photos and information (including, as applicable, external and internal dimensions, color, maker/brand, fabric type, and a description of wear) about the item to be sold with the sellers application.  If an item is selected for listing on RD, seller is responsible for writing the listing and coordinating shipping or delivery directly with buyer.  RD reserves the right to edit any listing provided by seller.

 

Representations and Warranties. By listing an item on RD, you represent and warrant that: (a) any and all information you provide about your item will be accurate; (b) you will adequately disclose any flaws or defects in your item that could affect a buyer’s purchase decision; (c) you will, if requested by the buyer or Revolving Decor, provide any and all documentation required to establish authenticity of the item;  (d) you have the right to sell the item and no one else will need to consent to the sale or transfer of the item; (e) any representation of the MSRP, list price and/or retail price of the item reflects the bona fide, accurate and not artificially-inflated price of the item; and (f) in the event of a complaint or dispute that arises in connection with your item, you will indemnify and hold harmless Revolving Decor in connection with that complaint or dispute.

 

Privacy. Any information that a buyer shares with you (for example, a mailing address in order to ship your item) can only be used in connection with performing your obligations under these Terms. You agree that you will not collect users’ personal and/or contact information and/or use this information for any other purpose, including to market other products to the buyer or to facilitate transactions outside of RD.

 

Delivery and Shipping. RD does not offer delivery or shipping services; arrangement of delivery and shipping is the responsibility of the Buyer.  Seller is not responsible for any delivery and/or shipping charges associated with a purchase, unless that is the arrangement reached between the parties.

 

C.         COPYRIGHT AND LIMITED LICENSE.  Unless otherwise indicated by RD, the Services and all content and other materials therein, including, without limitation, the RD logo and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof, (collectively, “Content”) are the proprietary property of RD or our parent, licensors or users and are protected by U.S. and international copyright laws.

 

You are granted a limited, non-exclusive, non-sublicensable license to access and use the Services and Content; however, you agree not to license, distribute, make derivative works, display or sell content from RD, excluding content you create and sharing with friends/family. You grant us a perpetual, irrevocable, unlimited, international, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from any content you post.

 

You further agree not to (a) modify or otherwise make any derivative uses of the Services or the Content, or any portion thereof; (b) use of any data mining, robots or similar data gathering or extraction methods; (c) download (other than the page caching) any portion of the Services, the Content or any information contained therein, except as permitted by us; and (d) use the Services or the Content other than for their intended purposes. Any use of the Services or the Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these TOU shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

 

D. TRADEMARKS.  “REVOLVING DECOR” the Revolving Decor logo and any other Revolving Decor product or service names, logos or slogans that may appear on the Services are trademarks of Revolving Decor or our parent, subsidiaries or affiliates in the United States and in other countries, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the applicable trademark holder. You may not use any metatags or other “hidden text” utilizing “Revolving Decor,” or any other name, trademark or product or service name of Revolving Decor without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of RD and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.

 

E. HYPERLINKS

 

You are granted a limited, nonexclusive right to create a hyperlink to the Services, provided that such link does not portray RD in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use our logo or other proprietary graphics to link to the Services without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information, including the images found on the Services, the content of any text or the layout/design of any page or form contained on the Services without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of RD or any third party.

 

We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Services, or websites linking to the Services. Such sites are not under our control and we are not responsible for the content of any linked site. We provide these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by us of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.

 

You further agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while on the Services. You agree that you will abide by these Terms and will not:

 

• Use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden or impair the functioning of the Services in any manner;
• Use the Services to connect with other buyers or vendors and subsequently conduct transactions through channels other than the Services;
• Send any unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters or pyramid schemes, or harvest or collect the email addresses or other contact information of other users from the Services for the purpose of sending spam or other commercial messages unrelated to the Services;
• Use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Services or to extract data;
• Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content or code of the Services (except as otherwise expressly permitted by law);
• Use or attempt to use another’s account without authorization;
• Attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Services that you are not authorized to access;
• Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services for any purpose;
• Engage in any harassing, intimidating, predatory or stalking conduct;
• Develop any third-party applications that interact with User Content and the Services without our prior written consent; and
• Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.

 

We are not responsible or liable for the conduct of, or your interactions with, any users of the Services (whether online or offline). Your interactions with other users are solely between you and such users and we are not responsible or liable for any loss, damage, injury or harm which results from these interactions. In addition, enforcement of these Terms is solely in our discretion, and the absence of enforcement in some instances does not constitute a waiver of our right to enforce these Terms in other instances. These Terms do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Services will not contain any content that is prohibited by these Terms.

 

F.        ELIGIBILITY.  Use of RD is intended for individuals who are 18 years or older.  By using the Services, you warrant that you meet this eligibility requirement and that your access to RD has not been previously blocked or denied.

 

G.        MONITORING.  Although we have no obligation to screen, edit or monitor any content, you agree that RD has the sole right, in its discretion, to monitor, restrict and/or block access to RD by deletion, omission, verification, account/access termination.  No action by RD limits its right to monitor, restrict and/or block access to RD.  Subject to and without waiving the foregoing rights, nothing herein requires RD to monitor, restrict and/or block access to the site and you agree that RD has not taken on any duty to do so.

 

H.        NO GUARANTEES; LIMITATION OF LIABILITY.  To the extent permitted by law, (1) we make no guarantee as to RD, its completeness, accuracy, availability, timeliness, propriety, security or reliability; (2) your access and use are at your own risk, and RD is provided “AS IS” and “AS AVAILABLE”; (3) we are not liable for any harm resulting from (a) user content; (b) user conduct, e.g. illegal conduct; (c) your RD use; or (d) our representations; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES (“RD ENTITIES”), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) RD ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE GREATER OF $50.

 

WITHOUT LIMITATION OF THE FOREGOING, RD ALSO DISCLAIMS ALL WARRANTIES FOR OR WITH RESPECT TO THE SECURITY, RELIABILITY, ACCURACY, TIMELINESS AND PERFORMANCE OF THE CONTENT AND ITEMS SOLD THROUGH RD.  RD ALSO DISCLAIMS ANY WARRANTIES FOR OR WITH RESPECT TO ANY AND ALL HARMFUL OR MALICIOUS CODES ACCESSED THROUGH THE SERVICES.  RD DOES NOT SCREEN THE USERS OR VERIFY THE DATA PROVIDED CONCERNING THE ITEMS FOR SALE.  YOU ARE SOLELY RESPONSIBLE FOR CONDUCTING ANY NECESSARY OR APPROPRIATE INVESTIGATION, RESEARCH OR DUE DILIGENCE WITH RESPECT TO OTHER USERS OF RD AND THE ITEMS LISTED FOR SALE.

 

You agree (1) any claim, cause of action or dispute (“Claim”) arising out of or related to the TOU or your RD use is governed by California (“CA”) law regardless of your location or any conflict or choice of law principle; (2) Claims must be resolved exclusively by state or federal court in San Francisco, CA (except we may seek injunctive remedy anywhere); (3) to submit to personal jurisdiction of said courts; (4) any Claim must be filed by 1 year after it arose or be forever barred; (5) not to bring or take part in a class action against RD Entities; (6) you are liable for TOU breaches by affiliates (e.g. marketers) paid by you, directly or indirectly (e.g. through an affiliate network); and (7) to pay us for breaching or inducing others to breach the “USE” section, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate): $0.10 per server request, $1 per post, email, flag, or account created, $1 per item of PI collected, and $1000 per software distribution, capped at $25,000 per day.

 

I.        INDEMNIFICATION.   You agree to indemnify and hold harmless RD and its parent, subsidiaries, affiliates, officers, directors and employees (collectively the “RD Parties”) from and against any claims, actions, damages, fees (including reasonable attorneys’ fees), costs, fines, liabilities and other expenses arising from or related to: (1) your use of RD Services; (2) your interaction with other RD users; (3) any actual or alleged breach of your representations, warranties, or obligations as set forth in this agreement; (4) any items you sell through RD; (5) any informaton provided in connection with any product listing; or (6) your actual or alleged breach of any representation made to another user of RD.

 

J.        RELEASE.         You hereby release RD from any claims, demands and damages of any nature, known or unknown, arising out of or in any way connected to a dispute that you may have with another user.  If you are a California resident, you hereby waive California Civil Code, which says:  “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT TEH TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

 

K.          DISCLAIMER. CERTAIN JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACTING PARTIES, WHICH LIMIT THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.

 

L.        APPLICABLE LAW; ARBITRATION

 

PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH US AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.

 

You and RD agree to arbitrate any dispute arising from these Terms or your use of the Services, except for disputes in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and RD agree to notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to RevolvingDecor.com shall be sent to M&A Project, Attn: Legal, [INSERT PO BOX]. You and RD further agree: (a) to attempt informal resolution prior to any demand for arbitration; (b) that any arbitration will occur in San Francisco, California; (c) that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and (d) that the state or federal courts in San Francisco, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and other legally-prohibited actions, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by these Terms and the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND RD WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.

 

M.        USE. You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with RD, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email.

 

N.        PRIVACY.  See Privacy Policy below for how we collect, use and share data.

 

O.        MODIFICATION. RD reserves the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension or discontinuance of the Services or any part thereof.

 

P.         TERMINATION.  We reserve the right, without notice and in our sole discretion, to terminate your right to use the Services, or any portion of thereof, and to block or prevent your future access to and use of the Services or any portion thereof.

 

Q.         SEVERABILITY.  If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

 

R.        MISCELLANEOUS. This is the exclusive and entire agreement between you and RD and you may access RD until access is terminated.

 

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PRIVACY POLICY

 

RevolvingDecor.com and its respective subsidiary, parent and affiliated companies (collectively referred to herein as “Revolving Decor” or “RD”) is deemed to operate this Website (the “Website”).  RD recognizes that you care about how your information is used and shared. We have created this Privacy Policy to inform you what information we collect on the Website, how we use your information and the choices you have about the way your information is collected and used. Please read this Privacy Policy carefully. Your use of the Website indicates that you have read and accepted our privacy practices, as outlined in this Privacy Policy. In addition, please read our Terms of Use which also govern your use of this Website. Please be advised that the practices described in this Privacy Policy apply to information gathered by us or our subsidiaries, affiliates or agents: (i) through this Website, (ii) where applicable, through any service-related communication related this Website, and (iii) through information provided to us in conjunction with marketing promotions, contests and sweepstakes.

 

We reserve the right, in our sole discretion, to modify, update, add to, discontinue, remove or otherwise change any portion of this Privacy Policy, in whole or in part, at any time. When we amend this Privacy Policy, we will revise the “last updated” date located at the top of this Privacy Policy. For changes to this Privacy Policy that we consider to be material, we will place a notice on the Website by revising the link on the home page to read substantially as “Updated Privacy Policy” for a reasonable amount of time which may be up to sixty (60) days. If you provide information to us or access or use the Website in any way after this Privacy Policy has been changed, you will be deemed to have unconditionally consented and agreed to such changes. The most current version of this Privacy Policy will be available on the Website and will supersede all previous versions of this Privacy Policy.

 

If you have any questions regarding this Privacy Policy, you should contact us by email at info@revolvingdecor.com.

 

Notice to California Residents / Your California Privacy Rights: California residents are entitled once a year to request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes during the immediately prior calendar year (e.g. requests made in 2014 will receive information about 2013 sharing activities). As set forth in this Privacy Policy, we comply with this law by offering our visitors the ability to tell us not to share your personally identifiable information with third parties for their direct marketing purposes. To make such a request, please e-mail to info@revolvingdecor.com. You must include this Website as the subject line, your full name, e-mail address, and postal address in your message. Please see the “Your Choices” section of this Privacy Policy for additional information.

 

WHAT INFORMATION ABOUT ME IS COLLECTED AND STORED?

 

Personally Identifiable Information: Personally Identifiable Information (“PII”) is information that identifies you or could reasonably be used to identify you personally (such as your real name, address, phone number or email address). For example, when you create an account with us, your account information is stored on this Website’s server. We may also ask you to provide us with certain PII in connection with the use of this Website, in connection with the services provided by our Customer Service Department, or in connection with a promotion, contest, or sweepstakes. For example, we may ask you to provide certain PII when you register with us, choose to sign up for an email newsletter, or participate in a promotional event. This information is used to provide customer service. This information also may be used to contact you about special events and new Website features, unless you have opted not to receive promotional communications in connection with this Website. We may also ask you to provide us with demographic information, information regarding your interests or similar information. Providing us with information about yourself is voluntary, and you can always choose not to provide certain information, but then you may not be able to take advantage of or participate in some of the Website’s features.

 

In addition, you may have the opportunity to provide us with the PII, such as the name or e-mail address of a friend, such as when you choose to use any “refer a friend” or “send to a friend” function to inform someone about information or a special feature from our Website. The email addresses you supply us for those activities will not be retained for other purposes unless otherwise disclosed at the time you provide such information. We encourage you to send such items only to recipients who are your friends or family or persons with whom you have a relationship so that it doesn’t seem like we are “spamming” them.

 

Non-Personally Identifiable Information: When your computer contacts our web servers (for example, when you visit this Website, or view an HTML e-mail), our web servers automatically collect Website usage information. Website usage information is non-identifying information that describes how our visitors use and navigate our Website. It can include the number and frequency of visitors to each web page and the length of their stays, browser type, referrer data that identifies the web page visited prior and subsequent to visiting our Website, and IP addresses (see below for more information on IP addresses). We also may determine the applicable technology available in order to serve you the most appropriate version of a web page, e-mail or similar service. This information is used to analyze and improve this Website and to provide our customers with a fulfilling experience.

 

Use of Cookies: Also, like many Websites, we use “cookies”. Cookies are pieces of information that a website either transfers to your computer’s hard drive or stores temporarily in your computer’s memory for record-keeping purposes. We may use cookies for a number of purposes. For example, cookies help us to identify account holders and to optimize their experience.   When you log in at this Web site with your username and password, we will assign you a secure session id. The server then passes your information to you through this secure session id. Also, we will use cookies to monitor and maintain information about your use of this Website. Cookies are also used to track the identity of the Website you visited immediately prior to visiting this Website. Most browsers accept cookies automatically. You can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, we recommend that you leave cookies “turned on” so that we can offer you a better shopping experience on this Website. If you decline to accept cookies, you may not be able to take advantage of or participate in certain features of this Website.

 

Use of Web Beacons: Our web pages or e-mail messages may contain a small graphic image called a web beacon, which is sometimes also called a “clear gif”, that allows us to monitor and collect certain limited information about our users, such as the type of browser requesting the web beacon, the IP address of the computer that the web beacon is sent to and the time the web beacon was viewed. Web beacons can be very small or invisible to the user, but, in general, any electronic image viewed as part of a web page or e-mail, including HTML based content, can act as a web beacon. We may use web beacons to count visitors to our web pages or to monitor how our users navigate our Website, and we may include web beacons in e-mail messages in order to count how many messages we sent were actually opened or acted upon. We use web beacons to compile aggregate statistics about our Website and our marketing campaigns.

 

Use Of IP Addresses: An IP address is a number that is assigned to your computer or network when you are linked to the Internet. When you request pages from this Website, our servers log your IP address. We may use IP address for a number of purposes, such as system administration, to report aggregate information to our business partners or to audit the use of the Website. We may associate your IP address with the PII you provide.

 

We also may collect and store information about you that we receive from other sources, to enable us to update and correct the information contained in our database and to provide product recommendations and special offers that we think will interest you.

 

IS INFORMATION COLLECTED FROM CHILDREN?

 

We do not knowingly sell or ship any items ordered through this Website directly to anyone who we know to be under the age of 13, nor do we collect any PII from anyone who we know to be under the age of 13. If you are under the age of 18, you should use this Website only with the involvement of a parent or guardian and should not submit any PII to us. If we discover that a person under the age of 13 has provided RD with PII, RD will use commercially reasonable efforts to delete such person’s PII from its system.

 

REVOLVING DECOR USE AND DISCLOSURE OF COLLECTED INFORMATION

 

Use by Revolving Decor: We may use your PII to provide you with requested information, services or content, to contact you in connection with a promotion, or for other purposes disclosed when you provide the information. We may also contact you from time to time on behalf of one of our affiliated companies or an external business partner with information that may be of interest to you. We may also contact you regarding any problems or questions we have relating to your use of our Website, or, in our discretion, notify you of changes to our Privacy Policy, Terms of Use or other policy or terms that affect you and your use of our Website. We may also use information about our users, including PII, for internal purposes.

 

WITH WHOM DOES REVOLVING DECOR SHARE INFORMATION?

 

We may provide information to select outside companies when we believe their products or services may be of interest to you. If you opt in to receive communications from a third party, your information will be subject to the third party’s privacy policy and not this Privacy Policy. Therefore, if you later decide that you do not want that third party to use your information, you will need to contact the third party directly. In addition, Revolving Decor may share your PII with third parties under the following circumstances:

 

Third parties providing services on our behalf: We may engage third parties to perform services in connection with the operation of our business. Examples of these services include: (a) product customization, (b) marketing and promotional material distribution, (c) Website evaluation, (d) data collection, storage, management, analysis and, where applicable, cleansing, and (e) any other services designed to assist us in maximizing our business potential. We may also allow others to serve advertisements across the Internet and to provide analytics services.  These third parties may have access to this Website’s user information, including PII, to the extent it is needed to perform their duties and functions.   For more information about Internet-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visitwww.aboutads.info/choices and www.networkadvertising.org/managing/opt_out.asp.

 

The Website may offer social sharing features and other integrated tools that enable sharing information depending on your individual settings with the social media entities; these features are subject to the privacy policies of the respective social media sites.

 

Revolving Decor Security: We may release information about our users, including PII, when legally required to do so, at the request of governmental authorities conducting an investigation, or to verify or enforce compliance with the policies governing our Website and applicable laws. We may also disclose such user information whenever we believe disclosure is necessary to protect the rights, property or safety of RD, or any of our respective affiliates, business partners, customers or others.

 

Aggregate Information: We may disclose non-identifying, aggregated user statistics to third parties for a variety of purposes, including describing our services to prospective partners and other third parties. Examples of such non-personal information include the number of users who visited this Website during a specific time period or purchased a specific product through this Website.

 

Promotions: If you choose to enter a contest, sweepstakes or promotion, your PII may be disclosed to third parties in connection with such promotion, including without limitation for purposes of posting your entry with attribution or otherwise as permitted in the official rules for the promotion in question, fulfilling your prize or including your name on a winners list. Also, by entering a promotion, we may require you to consent to the use of your PII or other information, such as name, voice or likeness, in advertising, promotional and marketing materials. In addition, we may offer certain promotional content, such as a sweepstakes, sponsored by or co-branded with a third party, who may obtain the PII that you submit.

 

Corporate change: In addition, we reserve the right to disclose, share and/or otherwise transfer user information, including without limitation PII, in connection with a corporate merger, acquisition, consolidation, the sale of a portion of our business or the sale of substantially all of RD’s assets, or other fundamental corporate change, whatever form it may take. You will be notified via e-mail or prominent notice on our Website prior to a change of ownership or control of your personal information, if your personal information will be used contrary to this policy. For clarification and the removal of doubt, RD specifically reserves the right to transfer or share a copy of personally identifiable information collected pursuant to this Privacy Policy from this Web Site, off-line or otherwise, to the buyer of that portion of its business relating to that information.

 

WHAT STEPS ARE TAKEN TO KEEP PERSONAL INFORMATION SECURE?

 

We use various security measures, including Secure Socket Layer (SSL) encryption technology, to protect personal information that we collect. If you place an order through this Website, you will be asked to set up an account and provide an email address and password. You must provide an appropriate email address and password in order to access account information. In order to help protect your personal information further, you should be careful about providing your password to others. If you wish to cancel a password, or if you become aware of any loss, theft or unauthorized use of a password, please contact us by email at info@revolvingdecor.com.

We strive to ensure the security of your PII on our systems, including limiting access to the PII contained on our servers. Unfortunately, no security measures are perfect or impenetrable and data transmission over the Internet can be guaranteed to be 100% secure. We cannot and do not ensure or warrant the security of any information you transmit to RD and you do so at your own risk.

 

COMMUNITY FEATURES

 

As a convenience to its visitors, Revolving Decor provides or may provide, at its sole discretion, one or more chat areas, message boards, e-mail functions, messaging services, file communities, polls, surveys, and other services (collectively, the “Community Features”). Community Features are provided by RD to you and others subject to the Terms of Use, and the “Community Guidelines” set forth below. The user who posts content in the Community Features (“Community Content”) is responsible for the reliability, accuracy and truthfulness of such Community Content, and RD has no control over same. Additionally, RD has no control over whether any such posted material is of a nature that users will find offensive, distasteful or otherwise unacceptable and expressly disclaims any responsibility for such material.

 

Please review our restrictions on use and guidelines for Community Features in our Terms of Use. In addition, please note that this Privacy Policy does not apply to any information you may disclose publicly in any Community Feature. You should keep in mind that whenever you publicly disclose information about yourself online, that information could be collected and used by people that you do not know. In addition, certain Community Features may display IP addresses and possibly PII along with the message poster’s name and message. RD bears no responsibility for any action or policies of any third parties who collect any information users may disclose in Community Features or other public areas, if any, of this Website.

 

In consideration for your use of the Website’s Community Features and functionality, you agree to (i) comply with the “Community Guidelines” set forth below. Users who violate the Community Guidelines, may, at RD’s sole discretion, be permanently banned from using the Website.

 

Community Guidelines:

 

ENTERING ANY COMMUNITY FEATURE WILL CONSTITUTE ACCEPTANCE OF THE COMMUNITY GUIDELINES. IF YOU DO NOT AGREE TO ABIDE BY THE COMMUNITY GUIDELINES, PLEASE DO NOT ENTER ANY COMMUNITY FEATURES.

You are entirely responsible and liable for all activities conducted by you within the Community Features, including the transmission, posting, or other provision of Community Content to any portion of the Community Features. Listed below are some, though not all, violations that may result in RD terminating or suspending your access to Community Features on a temporary or permanent basis, as determined by RD in its sole discretion (“Community Guidelines”). You agree not to do any of the following actions while using any of the Community Features:

 

• Violate these Community Guidelines or abuse the community purpose of the chat areas.
• Participate in any part of the Website if you are under the age of 18.
• Use profanity, obscenities, or **asterisks** or other “masking” characters to disguise profane or obscene words.
• Use obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind.
• Impersonate other users.
• Attack (flame or “cyberbully”) individuals, companies or products, although you are otherwise welcome to offer your opinions or comments on the subject at hand.
• Post topics on message boards, on the Website or within any of the Community Features that are unrelated to the subject of the Website.
• Advertise or promote other companies or URLs.
• Share PII with others on the Website.
• Include advertising in communications.
• Post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant RD all of the license rights granted herein.
• Include advanced fonts, java, tables, html, or other programming codes or commands in messages.
• Distribute or otherwise publish any Community Content containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You also hereby acknowledge that you are prohibited from soliciting other guests to join or become members of any commercial online service or other organization.
• Collect or harvest the information of any user or otherwise access the Website using automated means (including but not limited to harvesting bots, robots, spiders or scrapers).

Information disclosed in Community Features is by design revealed to the public. The Website is not responsible for any information you choose to disclose to others. The Website reserves the right, but not the obligation, to remove any posts for any reason.

 

Revolving Decor does not endorse the Community Content in the Community Features and specifically disclaims any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any Community Content provided through a Community Feature. By posting or uploading Community Content to any Community Feature or submitting any other Community Content to RD, you automatically grant (or warrant that the owner of such rights has expressly granted) RD a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, sub license, create derivative works from and distribute such materials or incorporate such Community Content into any form, medium, or technology now known hereafter devised throughout the universe in perpetuity. In addition, you warrant that the content as uploaded or posted by you does not violate any person’s so-called “moral rights” or other similar or analogous rights under any applicable laws in any country or region of the world.

 

You understand that the uploading to and/or posting of any Community Content in any Community Feature shall not be subject to any obligation of confidence on the part of RD, and RD shall not be liable for any use or disclosure of any Community Content. Without limitation of the foregoing, RD shall exclusively own all now known or hereafter existing rights to the Community Content of every kind and nature, in perpetuity, throughout the universe and shall be entitled to unrestricted use of the Community Content in any and all media, now known or hereafter devised, throughout the universe, in perpetuity for any purpose whatsoever, commercial or otherwise, without compensation or credit to the provider, author or owner of the Community Content.

 

You agree to indemnify RD for any and all third party claims, damages, losses, and causes of action arising as a result of your posting or uploading any Community Content to any Community Feature or submitting any Community Content to RD, or your failure to comply with the Community Guidelines. RD does not and cannot review every message posted by users on the Website, and is not responsible for the content of these messages or the views or opinions expressed by the users of the Website. RD reserves the right to, but is not obligated to, delete, move or edit Community Content, in whole or in part, submitted by you to the Website and/or RD for any reason. In no event does RD assume any obligation to monitor the Community Features or remove any specific material.

 

COPYRIGHT NOTICE

 

If you are a copyright owner and believe that any Community Content appearing on the Website or in any Community Feature has been copied in a way that infringes upon your copyrights, you may submit a notification to RD pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing the following information in writing (see 17 U.S.C. 512(c)(3) for further detail) to the Copyright Agent named below:

• Your name, address, telephone number, and email address;
• A description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• The exact URL or a description reasonably sufficient to permit RD to locate where the alleged infringing material is located;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

RevolvingDecor.com c/o M & A Project LLC

P.O. Box 471634

San Francisco, CA 94147

Attention: Copyright Agent

 

Upon receipt of the written notification as outlined above, RD will use good faith, reasonable efforts to remove the material that is alleged to be infringing and forward a copy of the written notification to the alleged infringer. The alleged infringer has the right to file a counter-notification by providing the designated agent with the following information: (1) a physical or electronic signature; (2) identification of the material that has been removed the location at which the material appeared before it was removed; (3) a statement under penalty of perjury that he/she has a good faith belief that the material was removed as a result of mistake or misidentification of the material to be removed; (4) his/her name, address, and telephone number, and a statement that he/she consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if his/her address is outside of the United States, for any judicial district in which the service provider may be found, and that he/she will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person. By this filing, RD seeks to preserve any and all exemptions from liability that may be available under the DMCA or otherwise, but does not necessarily stipulate that it is a service provider as defined in 17 USC 512c or elsewhere in the law.

 

HOW CAN I ACCESS, CORRECT AND UPDATE PERSONAL INFORMATION?

 

You can access, correct and update certain personal information that you have provided to us by signing in and then clicking on My Account.

 

YOUR CHOICES/UNSUBSCRIBE

 

You will have an opportunity to unsubscribe from receiving promotional material from this Website by emailing us at info@revolvingdecor.com. Because customer lists often are prepared well in advance of an offering (sometimes a few months before the offer is made), you may continue to receive some offers after you send us a request not to use your information for specified marketing purposes. Please be aware that we will process your request as quickly as we reasonably can, but it may not be possible to update our systems immediately. We appreciate your patience and understanding in giving us time to carry out your request.

 

Even if you are removed from any such list, if you order online, we will send you an email confirming your order and may need to contact you by phone, email, or regular mail if we have questions about your order. In addition, you should be aware that it is not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons.

 

If you want to opt out of having your PII shared with third parties for marketing purposes, you must consistently opt-out at each of our websites where you register and whenever you provide PII to us. Please bear in mind that this opt-out choice for “third parties” will not apply to RD licensees and/or co-branding participants, as set forth below. Please also keep in mind that any opt-out choices you make will not apply in situations where (a) you either have made, simultaneously make, or later make a specific request for information from us, or (b) RD uses your PII for either operational purposes (e.g. to complete transactions requested by you, or to send you administrative communications either about your account with us or about features of our websites, including any future changes to this Privacy Policy, the Terms of Use, or any other policy or terms that affect you and your use of our Website) or fulfillment purposes (e.g. sharing with companies that facilitate communications and transactions with you).

 

Finally, if you do not exercise your opt-out choices upon registration or otherwise at the time the PII is provided, it may take some time to process your opt-out choices. Our systems require time to update, and promotional mailings using PII shared before your opt-out may already be in process. Thus, your PII might continue to be shared with third parties for promotional purposes for some time after you make your request, For similar reasons, if your PII is shared with a third party, RD largely or completely loses control over how that information is used. Thus, even after you have opted out of allowing us to share your PII, you might continue to receive promotional materials from third parties unless and until you duly register your opt-out request with each third party in question.

 

WHAT HAPPENS WHEN I LINK TO OR FROM ANOTHER WEBSITE?

 

Please be aware that when you are navigating our Website or viewing an email or other content provided by RD, you may have the opportunity to click on links that take out outside of RD’s service to other websites or online content that are beyond RD control. If you “click” on the link to such a third party, the “click” takes you to a third party’s website or online content. We have no control over and are not responsible for the content of any third party websites to which you navigate. Please be advised that the practices described in this Privacy Policy do not apply to information gathered through these other Websites. We encourage you to be aware of when you leave this Website and to read the privacy policies of each and every Website that you visit.

If you have accessed this Website through a link from certain of our advertising or marketing partners, this Website may include a frame of the applicable advertising or marketing partner. Nevertheless, the information you provide to us through these framed Web pages is collected by us, and our use of this information is governed by this Privacy Policy.

 

WHAT ABOUT ONLINE SURVEYS?

 

We may from time to time conduct on-line surveys. When you complete an online survey, we may ask for certain information including your age, zip code, shopping habits, email and/or mailing address. This information will be treated in accordance with this Privacy Policy.

 

COLLECTION IN AND TRANSFER TO THE UNITED STATES

 

This Website is operated in the United States. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that any information you provide to us will be collected in or transferred to the United States. By using our Website, participating in any of our services and/or providing us with your information, you consent to this transfer. Please see our EU Safe Harbor Privacy Policy for how we treat information that is collected in the European Union and then transferred to the United States.