DesignMyRoom

Terms Of Service

General Terms

Please read the following terms and conditions before using the DesignMyRoom website (the "Website"). By accessing and using the Website, you acknowledge that you have read, understood, and agree to comply with the terms and conditions contained within this agreement (this “Agreement”).

Swatchbox Technologies, Inc., (“Swatchbox”) the owner of the Website reserves the right to amend these terms and conditions at any time. Your continued use of the Website constitutes acceptance of the terms and conditions stated at the time of your use. You should visit this page prior to using the Website to determine the current terms and conditions to which you are bound.

You must be 18 years or older to use the services provided on the Website.

You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

You will not use the DesignMyRoom.com service for any unauthorized or illegal purpose.

Privacy

Swatchbox collects information about the users of this Website. Collection of this information is governed by Swatchbox’s Privacy Policy.

Registration Obligations

To access certain portions of this Website, you must register with Swatchbox by establishing a Personal Profile. Upon registration, you will be asked to select a username and password. You agree to provide truthful and accurate information during the registration process or when prompted to submit personal information through a form or e-mail request from authorized Swatchbox staff. You also agree to maintain the accuracy of any submitted data. If you provide any information that is untrue, inaccurate or incomplete, Swatchbox reserves the right to terminate your Personal Profile account and suspend your use of any and all services offered through the Website.

You are responsible for maintaining the security of your account and password. Swatchbox cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

Trademarks, Copyrights and Restrictions

All materials on this Website, including, but not limited to images, illustrations, audio clips, video clips (the “Materials”) are protected by copyrights which are owned or licensed by Swatchbox. Swatchbox gives you permission to electronically copy and print portions of the Website for your personal use. However, Swatchbox retains the copyright on all such materials. You understand and agree that you are permitted only to use the Materials as expressly authorized by this Agreement and may not copy, reproduce, distribute or create derivative works from the Materials without Swatchbox’s prior, express authorization.

Swatchbox does not claim any intellectual property rights over the submissions you make on the Website, with the exception of a limited right, granted by you, consisting of a non-exclusive, royalty-free license to use, publish, copy, modify, transmit, display and distribute your submissions for the sole purpose of delivering and promoting the Website’s services.

Submission of Your Content

With respect to your submissions, you agree not to upload, transmit, distribute or otherwise publish in any forum any content that is:

  1. libelous, defamatory, obscene, abusive, pornographic, threatening, or an invasion of privacy;
  2. an infringement of the intellectual property rights, including, but not limited to, copyrights and trademarks, of any person or entity;
  3. illegal in any way or advocates illegal activity;
  4. an advertisement or solicitation of funds, goods, or services;
  5. a message posted by a user impersonating another;
  6. personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references; or
  7. chain letters of any kind.

You also agree to indemnify Swatchbox for any claims or suits arising from your posting of such content in a forum.

Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers or partners found on or through the Website or its services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or partner. You agree that Swatchbox shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or partners on the Website.

Disclaimer of Warranties

Swatchbox makes no warranty that this Website will meet your requirements or that it will be uninterrupted, timely, secure or error free; nor does Swatchbox make any warranty as to the results that may be obtained from the use of this Website or as to the accuracy or reliability of any information obtained through this Website. Swatchbox has made its best efforts to display as accurately as possible the colors of the products shown on the Website. However, because the colors you see will depend on your monitor, Swatchbox cannot guarantee that your monitor’s display of any color will be accurate, nor should you assume that the products presented have been coordinated by color in all instances.

Further, objects on the Website may not be to scale in relation to the room photo and other products, especially if manipulated by the user. Please keep in mind that certain products displayed on the Website may be discontinued by the participating manufacturer or retailer. As such, we strongly encourage you to confirm the availability of all products included in your design scheme prior to purchasing any one product.

By using the Website, you acknowledge that the purchases you are making are from the applicable manufacturer or retailer, not Swatchbox. As such, by using the Website, you agree to release Swatchbox from any and all liability arising from purchased products, including, but not limited to, those related to design defects and product defects.

YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT.

UNLESS EXPRESSLY PROVIDED OTHERWISE, SWATCHBOX PROVIDES THIS SITE CONTENT “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWABLE BY LAW. THIS INCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SWATCHBOX OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE SITE CONTENT, EVEN IF SWATCHBOX HAS BEEN ADVICES OF THE POSSIBILITY OF SUCH DAMAGES.

NOTE: SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

SWATCHBOX MAKES REASONABLE EFFORTS TO PLACE ACCURATE INFORMATION ON THE WEBSITE. NEVERTHELESS, YOU EXPRESSLY UNDERSTAND AND AGREE THAT SWATCHBOX SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPT OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE WEBSITE, OR RESULTING FROM ANY ERRORS OR OMISSIONS IN THE WEBSITE CONTENT, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED, EVEN IF SWATCHBOX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THIS INCLUDES DAMAGES FOR NEGLIGENCE OR GROSS NEGLIGENCE.

Indemnification

You agree, at your own expense, to indemnify, defend and hold harmless Swatchbox, its officers, directors, employees, agents, affiliates, distributors, and licensees against any judgment, losses, deficiencies, damages, liability, costs and expenses (including reasonable attorneys’ fees and expenses) incurred in connection with or arising from any claim, demand, suit, action or proceeding arising out of this Agreement or in connection with your use of the Website or any product or service related thereto.

Termination and/or Modification of the Service

Violation of the Terms of Service will result in the termination of your DesignMyRoom.com account.

Swatchbox reserves the right from time to time to modify or discontinue, temporarily or permanently, the service (or any part thereof) at any time.

Governing Law

This Agreement and the relationship between you and Swatchbox shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without regard to its conflict of laws provisions. Any controversy or claim arising out of or relating to this Agreement or relating to use of this Website and the materials contained in this website shall be resolved in a Massachusetts court of law. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such claim or cause of action arises, or will be barred forever.

Waiver/Severability

The waiver by either party of a breach or right under this Agreement will not constitute a waiver of any subsequent breach or right. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.

Reservation of Rights

Any rights not expressly granted herein are reserved.