terms of use

TERMS OF USE

BY USING THIS MODIFY FURNITURE WEBSITE (THE “SITE”), YOU (THE “USER”) ACCEPT THESE TERMS OF USE (“TERMS”).  THESE TERMS CONSTITUTE A BINDING AGREEMENT, GOVERNING USE OF THE SITE BETWEEN USER AND MODIFY FURNITURE.  BY USING THE SITE, USER ACKNOWLEDGES AND AGREES TO BE BOUND BY THESE TERMS.  SHOULD USER NOT ACKNOWLEDGE AND AGREE TO THESE TERMS, USER MUST DISCONTINUE ITS USE.  CONTINUED USE OF THE SITE SIGNIFIES YOUR CONTINUED ACCEPTANCE OF THESE TERMS AND ANY CHANGES TO THEM.

Age Restriction

Only individuals thirteen (13) years of age or older may use the Site.  Users between the ages of thirteen (13) and eighteen (18) must review these Terms with a parent or legal guardian to ensure the parent or legal guardian acknowledge and agree to these Terms.  Should User’s parent or legal guardian not acknowledge and agree to these Terms, User must immediately discontinue its use.

End-User License

Subject to these Terms, Modify Furniture grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the Site for personal use in accordance with these Terms (“User License”).  Any use of the Site in any other manner, including, without limitation, resale, transfer, modification or distribution of text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the Site (“Content”) is prohibited.  This Agreement and the User License also govern any updates to, or supplements or replacements for, the Site unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply. Except as expressly set forth herein, no right is granted to User with respect to the Site or any other intellectual property of Modify Furniture or its suppliers.

User Information

The Site features may use, maintain, or transmit User’s personal information, including, without limitation, user names, passwords, proper names, email address, address, location, financial information (including credit card information), GPS location information, and information for and from third-party social-media accounts (collectively “User Information”).  By acknowledging and agreeing to this Agreement, or by using the Site, User consents to the transmission of User Information to Modify Furniture, including its agents and third-party partners, and consents to Modify Furniture, including its agents and third-party partners, receiving, collecting, storing, processing, transmitting, and using User Information for Site functionality and for the purposes disclosed in the Modify Furniture Privacy Policy identified in this Agreement.

The User is, however, solely responsible for the confidentiality and security of User Information sent from or stored on User’s electronic device(s) by the Site.    The User agrees to immediately notify Modify Furniture of any suspected unauthorized transactions associated with the Site or any other breach of security.  Modify Furniture shall not be responsible for any losses arising from the financial loss or theft of User Information due to unauthorized or fraudulent transactions related to the Site.  Users shall be solely responsible for taking precautionary steps to protect User Information stored on User’s electronic device(s).

Prohibited Uses

Use of the Site is limited to the contemplated functionality.  The Site shall not be used in any way that:

  1. harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other party (including but not limited to rights of publicity or other proprietary rights);
  2. is unlawful, fraudulent, or deceptive;
  3. uses technology or other means to access unauthorized content or non-public spaces;
  4. uses or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public spaces;
  5. attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  6. attempts to damage, disable, overburden, or impair Modify Furniture servers or networks;
  7. attempts to gain unauthorized access to a Modify Furniture computer network;
  8. attempts to gain unauthorized access to Modify Furniture user accounts;
  9. encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;
  10. violates these Terms in any manner; or
  11. fails to comply with applicable third-party terms and conditions or other third-party policies (collectively “Acceptable Use”).

Legal Compliance

User represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties.

User-Generated Content

The User may generate content, written or otherwise, while using the Site (“User-Generated Content”).  User acknowledges and agrees that User-Generated Content may be used, reproduced, displayed, modified, deleted, added too, adapted, and published by Modify Furniture (for example, in product marketing campaigns).  User grants Modify Furniture and its successors a worldwide; irrevocable; transferrable; sublicensable; fully-paid and royalty-free; and non-exclusive license to use, reproduce, display, modify, delete from, add to, adapt, publish, and prepare derivative works from the User-Generated Information. 

Indemnification

User agrees to indemnify and hold harmless Modify Furniture, including its agents, affiliated companies, employees, contractors, directors, and officers, and anyone involved in creating or providing the Site, from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) occurring from or related to the use or misuse of the Site, violation of these Terms, or violations of any rights of a third party, or any allegation thereof.  Modify Furniture reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.

No Warranties

MODIFY FURNITURE IS PROVIDING THE SITE AND THE CONTENT TO THE USER “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED.  THE USER IS USING THE SITE AT HIS OR HER OWN RISK.  TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, MODIFY FURNITURE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE SITE IS MERCHANTABLE, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE SITE BY THE USER IS IN COMPLIANCE WITH LAWS, OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE SITE WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED.

No Liability

TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL MODIFY FURNITURE OR ITS AGENTS OR ANYONE INVOLVED IN CREATING OR PROVIDING THE SITE OR THE CONTENT (A) BE LIABLE TO THE USER WITH RESPECT TO USE OF THE SITE AND THE CONTENT; AND/OR (B) BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE SITE, OR SITE FAILURE OR MALFUNCTION. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE SITE.  MODIFY FURNITURE, ITS AGENTS AND ANYONE INVOLVED IN CREATING OR PROVIDING THE SITE OR THE CONTENT SHALL NOT BE LIABLE EVEN IF ANY OF THEM OR ANY AUTHORIZED REPRESENTATIVE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE, DELAY IN OPERATION OR TRANSMISSION, LINE FAILURE, COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARM.

In the event that applicable law does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental, consequential or other damages, in no event shall Modify Furniture, its agents or anyone involved in creating or providing the Site and/or the Content be liable for damages, losses, and/or causes of action exceeding the amount, if any, paid by User for use of the Site or $25, whichever is less.

Intellectual Property

The Modify Furniture trademarks, service marks, graphics and logos used in connection with the Site are trademarks or registered trademarks of Modify Furniture (collectively “Modify Furniture Marks”).  Other trademarks, service marks, graphics and logos used in connection with the Site are the trademarks of their respective owners (collectively “Third-Party Marks”).  The Modify Furniture Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Modify Furniture or the applicable trademark holder.  The Site and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by Modify Furniture or the owner of the Content.

Choice of Law, Jurisdiction

These Terms are governed by the laws of the State of Connecticut, United States of America, without regard to Connecticut’s conflict of laws rules.  The User irrevocably consents to the exclusive jurisdiction of the state and federal courts in the State of Connecticut, United States of America, for purposes of any legal action arising out of or related to the use of the Application or these Terms.

Severability

If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms.  Failure of Modify Furniture to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance.

Modification of these Terms

Modify Furniture reserves the right to change or modify these Terms or any other Modify Furniture terms, conditions, or policies related to use of the Site (including those identified in this agreement) at any time and at its sole discretion by posting revisions on the Modify Furniture website (http://www.modifyfurniture.com) or otherwise within the Site.  Continued use of the Site following the posting of these changes or modifications will constitute the User’s acknowledgement and agreement to such changes or modifications.  Only a specific, written waiver signed by an authorized representative of Modify Furniture shall have any legal effect as a waiver by Modify Furniture of any of the terms of this Agreement.

Third Party Beneficiary

User agrees that Modify Furniture’s service providers, licensors, or others involved in creating or providing the Site are third party beneficiaries to this Agreement and may rely upon the provisions of this Agreement, including but not limited to, the provisions concerning Indemnification, No Warranties, and No Liability.

Termination of Access

Modify Furniture reserves the right, in its sole discretion, to terminate or suspend any User License, remove Content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to Content or use of the Site, that Modify Furniture reasonably believes is or might be in violation of these Terms, but failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.   Modify Furniture may delete any User Information if User is subject to such a termination.

Contact Us

If you have any questions regarding our privacy practices, you can email us at ●@modifyfurniture.com or contact us by phone at ●.