1. Agreement to Terms
These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and By Design Events, LLC (we, us), concerning your access to and use of the By Design Events website as well as any related applications (the Site) and related services including By Design Events’ rental products and sales items (the product or the services).
The Site provides the following services: Rentable Party Boxes (Services). You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.
1.2 The supplemental policies set out in Section 1.7 below, as well as any supplemental terms and conditions or documents that may be posted on the Site from time to time, are expressly incorporated by reference.
1.3 We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated "Revised" date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.
1.4 We may update or change the Site from time to time to reflect changes to our products, our users' needs and/or our business priorities.
1.5 Our site is directed to people residing in the United States. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
1.6 The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission.
1.7 Additional policies which also apply to your use of the Site include:
Our Privacy Notice, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.
Certain parts of this Site can be used only on payment of a fee. If you wish to use such Services, you will be subject to our Terms and Conditions.
2. Acceptable Use
2.1 Our full Acceptable Use Policy, sets out all the permitted uses and prohibited uses of this site.
2.2 You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
3. Information you provide to us
3.1 You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.
If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at bydesignNC@gmail.com.
3.2 If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.
4. Content you provide to us
4.1 There may be opportunities for you to post content to the Site or send feedback to us (User Content). You understand and agree that your User Content may be viewed by other users on the Site, and that they may be able to see who has posted that User Content.
4.2 You further agree that we can use your User Content for any other purposes whatsoever in perpetuity without payment to you, and combine your User Content with other content for use within the Site and otherwise. We do not have to attribute your User Content to you. When you upload or post content to our site, you grant us the following rights to use that content:
4.3 In posting User Content, including reviews or making contact with other users of the Site you shall comply with our Acceptable Use Policy.
4.4 You warrant that any User Content does comply with our Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
4.5 We have the right to remove any User Content you put on the Site if, in our opinion, such User Content does not comply with the Acceptable Use Policy.
4.6 We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. User Content has not been verified or approved by us and the views expressed by other users on the Site do not represent our views or values.
4.7 If you wish to complain about User Content uploaded by other users please contact us at bydesignNC@gmail.com.
5. Our content
Content Provided "As-Is". All content and information available through the Services, including but not limited to product descriptions and specifications, product photos, advice from By Design Events team members and event planners, and photos and comments from other users is available to you on an "as is" basis and is to be used for general information purposes only. Such information is provided on a blind-basis, without any knowledge as to your identity or specific circumstances. The By Design Events Content is provided with the understanding that such information does not constitute any professional advice or services by By Design Events. As such, you agree not to rely upon or use any By Design Events Content as a substitute for consultation with professional advisors. As used in these Terms, the Services include the By Design Events Content. In addition, we may update the By Design Events Content, including Doorstep Designs Product description and specifications, as we deem appropriate and without notice to you.
5.1 Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by copyright and trademark laws.
5.2 Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
5.3 Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.
5.4 You shall not (a) try to gain unauthorized access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.
5.5 We shall (a) prepare the Site and Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the uploading of content to the Site that contains viruses.
5.6 The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.
5.7 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.
6. Link to third party content
6.1 The Site may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third-party websites or applications or the third-party operator. We are not responsible for and do not endorse any third-party websites or applications or their availability or content.
6.2 We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises in the Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.
7. Site Management
7.1 We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions; (4) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.
7.2 We do not guarantee that the Site will be secure or free from bugs or viruses.
7.3 You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.
8. Modifications to and availability of the Site
8.1 We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
8.2 We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.
8.3 There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
9. Disclaimer/Limitation of Liability
9.1 The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.
We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any (1) errors or omissions in content; (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.
10. Term and Termination
10.1 These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at bydesignnNC@gmail.com.
10.2 Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.
If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.
10.3 If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
11.1 Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
11.2 These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.
11.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.
11.4 We may assign any or all of our rights and obligations to others at any time.
11.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.
11.6 If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.
11.7 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.
11.8 The following are trademarks of By Design NC, LLC. You are not permitted to use them without our approval, unless they are part of material our Site explicitly states you are permitted to use.
11.9 A person who is not a party to these Terms and Conditions shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions.
11.10 In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at bydesignNC@gmail.com.
12. Rental Products
12.1 If you rent a Doorstep Designs Product through our Site, the rental fee (“Rental Fee”) will include the cost to rent the Doorstep Designs Product and delivery charges (as applicable) itemized on the Site. We reserve the right to alter the Rental Fee or availability of any particular item at our discretion and without notice.
12.2 When you place a rental order for a Doorstep Designs Product, you hereby authorize By Design Events to charge your payment card for the Rental Fee. You must ensure that at all times your Payment Method is valid and up-to-date. You are responsible for providing complete and accurate billing and contact information to us and notifying us of any changes to such information. By Design Events will charge your Payment Method the amount of the Rental Fee immediately upon your rental order. Rental Fees exclude all federal, state, and local taxes, goods and service tax, fees, customs, duties, levies, and other governmental assessments, all of which shall be paid by you directly or, if paid by By Design Events, shall be paid by you to By Design Events in connection with your rental order.
12.3 Cancellation Policy: All cancelations must be made in writing to bydesignNC@gmail.com. Your payment will be refunded as follows:
1. 100% full refund if you cancel 30 days or more before your event date.
2. 50% of your amount paid if you cancel 29 to 15 days before your event date.
3. 0% (NO REFUND) if you cancel 14 days or fewer in advance of the event date.
However, you can modify your order 7 days before scheduled pick-up or delivery date. Changes are subject to availability and the price may vary.
12.4 Once the Doorstep Designs Products are delivered to you, you bear all responsibility for the Doorstep Designs Products. By Design Events does not bear liability for Doorstep Designs Products left unattended in an unsecure delivery location. You agree to provide a safe delivery address upon confirmation of your order. In the event that an unsecure shipping address is provided, By Design Events does not maintain liability for items lost or stolen. You acknowledge that “unsecure shipping address” refers to (but it not limited to) locations where Doorstep Designs Products can be left unattended for extended periods of time. In addition, By Design Events does not maintain liability for delays or loss associated with failure to provide a secure shipping address. You agree to treat the Doorstep Designs Products as if they are your own. Other than normal wear and tear, you are responsible for any loss, damage or destruction to the Doorstep Designs Products for any reason. Normal wear and tear include only; minor stains, rips, scratches, or other minor damage. Our Doorstep Designs Products are cleaned and delivered to you ready to be utilized. You acknowledge that what constitutes as minor damage is at the sole discretion of By Design Events. If you return a Doorstep Designs Product damaged beyond normal wear and tear, then you agree to be charged for the price of repairing or replacing the Doorstep Designs Product, up to 2x the retail value of the product. We inspect all of our Doorstep Designs Products in a professional manner. Notwithstanding, the use of any Doorstep Designs Product is at your own risk and By Design Events shall not be held liable for any associated health-related complaints. Upon delivery, use the Doorstep Designs packing list to confirm receipt of each item included in your order. In the event of any damaged or missing items, notify us by contacting bydesignNC@gmail.com immediately.
12.5 You agree to provide all third-party handlers of By Design Events product with handling, packing, and return instructions as needed. You acknowledge that you maintain liability during third party use of By Design Events’ Doorstep Designs Product and that it is subject to damaged and not returned conditions as set forth above.
12.6 Your Doorstep Designs Products will come with specially designed By Design Events packaging. You will return your rental Doorstep Designs Products in the same packaging following the instructions for returning the Doorstep Designs Products to By Design Events, and by affixing the pre-paid return form.
12.7 You agree to return the Doorstep Designs Products, and ensure we received them, on or before the return date specified on the packing slip. Your responsibility ends once the Doorstep Designs Products are returned to us in an acceptable shape determined by us, in our sole and absolute discretion. If you return the Products past the Rental Return Date, you will be assessed a late fee of $50.00 per day that will be charged to the payment card for every day that you are late. You agree for By Design Events to charge the card on file to pay such late fees up to an amount not to exceed 200% of the Rental Fee plus the Retail Value and any applicable sales tax. The Retail Value of all products are made at the sole determination of By Design Events. The late fee is payable for each order of Doorstep Designs Products that is not returned when due. After ten (10) days late, By Design Events will consider your Doorstep Designs Product NOT returned and we charge your payment card the maximum late fee set forth above. We are not responsible for any personal or other items left in the Doorstep Designs Products or which are returned to By Design Events in the Return Packaging. Our staff may assist in attempting to locate such items at a customer’s request, but are not obligated to and assume no liability for doing so.
13. Limitations on Use of the Services
13.1 You acknowledge and agree that we may place limits on the rental of Doorstep Designs Products. We reserve the right to limit, cancel, or prohibit any rentals of Doorstep Designs Products for any reason in our sole discretion, including but not limited to availability and geographic concerns.
14.1 If you do not pay any of the amounts you owe to By Design Events when due, then By Design Events may institute collection procedures. YOU AGREE TO PAY ANY AND ALL OF OUR COSTS OF COLLECTION, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS FEES, associated with collecting the amounts due us.
15. Intellectual Property
15.1 The Services, the By Design Events Content, and all intellectual property rights in and to the Services are the property of By Design Events. All trademarks of their respective owners. By Design Events reserve any and all rights in and to the Services not granted expressly in these Terms of Service. Nothing shall or will be construed as granting to you, by implication, estoppel, or otherwise, any license or right to use the Services or any By Design Events Content unless explicitly grated to you either by By Design Events or such third party that may own such By Design Events Content, and in writing.
16. Dispute Resolution
16.1 In the event of any dispute between us, you By Design Events agree that, you and By Design Events will first contact each other and use best efforts to resolve the dispute before resorting to more formal means of resolution.
16.2 All claims and disputes arising out of this Agreement or your use of the Service shall be submitted to and resolved by binding arbitration, pursuant to the Rules and Regulations, and under the auspices of the American Arbitration Association. Any arbitration proceeding shall take place in Gastonia, North Carolina. No demand for arbitration or action of any kind or nature arising out of this Agreement, or out of any use of the Service by you, shall be brought by you more than one year after the date on which the cause of action first arises. Judgment upon the award rendered by the arbitrator may be entered in, and enforced by either Party. In any arbitration proceeding or action to enforce the arbitrator's award, the prevailing Party will be also be entitled to any and all costs and attorneys' fees associated with settling the claim(s) and/or dispute(s).
17. Force Majeure
17.1 By Design Events will not be liable for any delay, failure in performance or interruption of service due to any unforeseen circumstances or circumstance beyond its reasonable control, including but not limited to any: acts of God, accident, riots, war, terrorist act, epidemic, pandemic, quarantine, civil commotion, breakdown of communication facilities or internet services, breakdown of web host, breakdown of internet service provider, natural catastrophes, governmental acts or omissions, changes in laws or regulations, national strikes, fire, explosion, generalized lack of availability of raw materials or energy, or By Design Events’ financial inability to perform its obligations hereunder.
18. Modification of the Services or the Terms
18.1 By Design Events reserves the right to modify these Terms or alter, including discontinuing, ANY Product or Service at any time AND for any reason. However, By Design Events will use commercially reasonable efforts to make material changes to these Terms apparent to you by posting a notice on the Site and/or sending you an email to the appropriate email you provided us.
19. Entire Agreement
19.1 These Terms, including subsequent updates thereto, will constitute the entire agreement of the Parties with respect to the subject matter hereof and supersedes all previous proposals, both oral and written, negotiations, representations, commitments, writings and all other communication between the Parties. This Agreement may not be modified except by written consent of both Parties.
Doorstep Designs are to be returned in the same packaging. A detailed note outlining the return process and a pre-paid emailed UPS label will be included with your Doorstep Designs package.
Simply drop it off at a UPS Access Point or schedule a pick up directly with UPS for an additional fee.
Damages and issues
Please inspect your order upon reception and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and make it right.
Copyright © 2017 By Design Events, LLC - All Rights Reserved. Photo Credits: AM Photography
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