This site is operated by Styleberry Creative, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Styleberry Creative, LLC and the associated business names it operates under. Styleberry Creative, LLC offers this site, including all information, tools, products and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
By visiting our site or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, or contributors of content.
Please read these Terms and Conditions of Service carefully before accessing or using our site. If you do not agree to all the terms and conditions of this agreement, then you may not access the site or use any products or services offered herein. If these Terms and Conditions of Service are considered an offer, acceptance is expressly limited to these Terms and Conditions of Service.
Any new features or tools which are added to the current site shall also be subject to these Terms and Conditions of Service. You can review the most current version of the Terms and Conditions of Service at any time here. We reserve the right to update, change or replace any part of these Terms and Conditions of Service by posting updates or changes here. It is your responsibility to check this page periodically for changes. Your continued use of or access to this site following the posting of any changes constitutes acceptance of those changes.
A breach or violation of any of the Terms and Conditions of Service will result in an immediate termination of our agreement.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions of Service.
Our site is hosted on WordPress. MyDoma Studio provides us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – CURRENT ONLINE STORE ITEMS
- All items for purchase on this site are design concept ideas only.
- A Furniture Floor Plan Drawing purchase includes (1) one Styleberry Creative, LLC 2D “birdseye” view furniture floor plan with dimensions based on client measurements, and (2) one follow-up communication with as Styleberry Designer, to be held at the discretion of Styleberry Creative, LLC within 7 days of Floor Plan delivery. Payment is non-refundable.
- Client provided measurements are expected within 7 days of purchase, and Styleberry Creative, LLC will produce and deliver a Floor Plan within 28 days of purchase.
- Clients who fail to provide requested data for floor plan creation within 7 days of purchase will not receive a Custom Floor Plan.
- Clients who purchase a Furniture Floor Plan Drawing may have the option to purchase a Virtual Design Service for the same space at a discounted price.
- Furniture Floor Plan Drawing Accuracy: We do not guarantee that the Furniture Floor Plan Drawing ideas, items or footprint will fit your needs.
- Email List: By accepting this purchase, you agree to be added to Styleberry Creative, LLC’s email list and other communications. If you wish to be removed from this list and these communications, please contact Styleberry Creative, LLC directly at firstname.lastname@example.org.
- Log-In: Parts of the site require you to input a password to access certain features. This is to be able to give you details relevant to your order while still keeping them private to you. To do this, as part of our security procedures, we require you to register an account with Styleberry Creative, LLC by entering your email and choosing a secure password. We highly recommend that you choose a strong password that is hard for others to guess, and you log-out from your account at the end of every session. There is a password reset procedure in case you forget your password. You must treat your account log-in information as confidential, not disclosing it to any third-party. If you think there may have been any breach of security then it is your responsibility to notify us immediately and if log-in is possible, to change your password. It is a condition of your use of the site that all the information you provide on the site is correct, current and complete. We reserve the right to disable any user account in our sole discretion, at any time for any or no reason, including if, in our opinion, you have failed to comply with any provision of these Terms and Conditions of Service.
SECTION 2 – GENERAL
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content may be transferred unencrypted and involve transmissions over various networks, or changed to conform and adapt to technical requirements of connecting networks or devices.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We work hard to ensure the site is always up and available, but we can’t guarantee that the site will not have downtime for any reason. We reserve the right to close the site for short periods of time for general maintenance, but will attempt to keep this to a minimum. We will not be liable if, for any reason, all or any part of the site is unavailable at any time, for any length of time.
We do not guarantee that the site or any content provided on the site is error free.
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information.
Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICES AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue a product or service (or any part or content thereof) without notice at any time.
We are not liable to you or to any third-party for any modification, price change, suspension or discontinuance of a product or service.
SECTION 5 – PRODUCTS OR SERVICES
We have made every effort to display as accurately as possible the colors and images. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person or location. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the product or service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made on our site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through this site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services, products and/or features through the site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms and Conditions of Service.
SECTION 8 – THIRD-PARTY AND AFFILIATE LINKS
Certain content, products and services available via our site may include materials from third-parties.
Third-party links on this site may direct you to third-party sites that may or may not be not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or sites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party sites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Some of the links on this site are affiliate links or other similar links, and at no additional cost to you, Styleberry Creative, LLC may earn a commission if you decide to make a purchase after clicking on the link. Please use these links at your discretion. It is Styleberry Creative, LLC’s intention to follow all Federal Trade Commission rules regarding disclosure of affiliate links, reviews, endorsements and the like by (1) displaying the disclosure clearly and conspicuously, (2) placing the disclosure close to the “triggering item,” (3) making it noticeable, and (4) not requiring scrolling to view.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We shall be under no obligation (1) to maintain any comments in confidence, (2) to pay compensation for any comments, or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the site or any related site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the products or services offered that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the product or service or on any related site is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information of the product or service or on any related site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied to the product, service, or on any related site, should be taken to indicate that all information has been modified or updated.
SECTION 11 – PROHIBITED USES
In addition to other prohibitions as set forth in these Terms and Conditions of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose, (b) to solicit others to perform or participate in any unlawful acts, (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances, (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others, (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability, (f) to submit false or misleading information, (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the product or service, or of any related site, other sites, or the Internet, (h) to collect or track the personal information of others, (i) to spam, phish, pharm, pretext, spider, crawl, or scrape, (j) for any obscene or immoral purpose, or (k) to interfere with or circumvent the security features of the site or any related site, other sites, or the Internet. We reserve the right to terminate your use of the product or service or any related site for violating any of the prohibited uses.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the product or service, use of the product or service, or access to the product or service or any contact on the site through which the service is provided, without express written permission by us.
By agreeing to these Terms and Conditions of Service, you represent and warrant that you are eighteen years (18) or older and that you agree to abide by all of the terms and conditions herein.
SECTION 12 – INTELLECTUAL PROPERTY OWNERSHIP
All the content available through Styleberry Creative LLC’s site(s) is the property of Styleberry Creative, LLC and its affiliates. Any partial or total reproduction of this content is subject to prior and express authorization by Styleberry Creative, LLC. All information, content and files are protected by law concerning intellectual ownership and copyright.
Styleberry Creative, LLC will not, under any circumstances, be held responsible if a user violates rights held by a third-party through his/her/their activities on this site.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our product or service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the product or service will be accurate or reliable.
You agree that from time to time we may remove the product or service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the product or service is at your sole risk. All products and services delivered to you through the site are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Styleberry Creative, LLC our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the site, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the site, even if advised of their possibility. Because some states do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Styleberry Creative, LLC and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms and Conditions of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and Conditions of Service are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions of Service at any time by notifying us that you no longer wish to use products or services or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and/or accordingly may deny you access to our site, products or services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms and Conditions of Service shall not constitute a waiver of such right or provision.
These Terms and Conditions of Service and any policies or operating rules posted by us on this site or in respect to product or service constitutes the entire agreement and understanding between you and us and govern your use of the site, product or service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions of Service).
Any ambiguities in the interpretation of these Terms and Conditions of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms and Conditions of Service and any separate agreements whereby we provide you products or services shall be governed by and construed in accordance with the laws of the State of Texas without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our site or products or services must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
SECTION 19 – CHANGES TO TERMS AND CONDITIONS OF SERVICE
You can review the most current version of the Terms and Conditions of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions of Service by posting updates and changes to our site. It is your responsibility to check our site periodically for changes. Your continued use of or access to our site or the product or service following the posting of any changes to these Terms and Conditions of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about these Terms and Conditions of Service should be sent to us at email@example.com.