Terms & Conditions (Terms of Use)

Acceptance of the Terms of Conditions

WackyDecor.com ("Us" or "We") is an e-commerce site and in association with Amazon.com. By visiting, accessing, and using WackyDecor.com, you agree and understand the terms and conditions of the site. You undertake to accept the Terms as well as any other written agreement between us and you including Privacy Policy when you use our service or the website or interact on or with the website.

Description of Company

WackyDecor.com is an affiliate of Amazon.com and in association with Amazon.com. By ordering products contained on WackyDecor.com, it means that you are purchasing products from Amazon.com. Orders are placed through Amazon.com and as such We (WackyDecor.com) do not dispatch, fulfill or refund any orders. Returns, disputes and any order queries remain the responsibility of Amazon.com. We does not accept any responsibility for orders placed with Amazon.com.

Amendment of the Terms & Conditions

These Terms & Conditions are effective as of 2018. We expressly reserve the right to update and change these Terms & Conditions from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms & Conditions from time to time and to familiarize yourself with any modifications. Revisiting our site and your continued use of this site after modification is construed that you also accept the amended Terms & Conditions and agree to abide and be bound by the modified Terms & Conditions. We reserve the sole right to either modify or discontinue the site, including any of the site's features, at any time with or prior notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this site shall also be subject to these Terms & Conditions.

Our Contact

In case of any question about the Terms, you are always welcome to contact us here.

Conduct on Site

When you visit the site, you are subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information or otherwise using any communications service, message board, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post or otherwise distribute or facilitate distribution of any content -- including text, communications, images, software, data, sounds or other information -- that

  • is illegal, menacing, offensive, malicious, derogatory, slanderous, misleading, devious, intrusive of other's privacy, convoluted, includes vivid or lucid depictions or portrayals of erotic acts (including but not limited to sexual vernacular of a brutal or menacing character aimed at another individual or group of individuals), or otherwise infringes on our rules or policies;
  • persecutes, pesters, humiliates or terrorizes an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or infirmity;
  • violates any patent, trademark, trade secret, copyright, right of publicity or other proprietary right of any party;
  • forms illegitimate or unwelcome advertising, spam or bulk email (also known as "spamming"), chain letters, any other form of unsolicited marketing or any form of lottery or gambling;
  • contains malware or any other computer code, files or programs that are designed or intended to infect, upset or curb the functioning of any software, hardware or telecommunications devices or to ruin or gain illicit access to any data or other information of any third party; or
  • represents any other person or entity, including any of our employees or representatives.

You acknowledge that we neither endorse nor assume any liability for the contents of any material uploaded, comments, statements, information, graphics or advertisements submitted by you and any third party users of the site. We usually do not in advance cull, review or revise materials posted by any communications service, message board, or other interactive service that may be found on or through this site.

However, we and our agents have the right but do not bear the responsibility for screening, rewriting or deleting without notice any material submitted for posting or already published on the site. You hereby agree to such removal and renounce any claim against us ensuing from such deletion of content.

In addition, you shall not meddle with anyone else's use and enjoyment of the site or other similar services. Users who transgress on systems or network security may be subject to criminal or civil liability.

You agree that we may at any time elect based on our consideration to discontinue your membership, account or other affiliation with our site without prior notice to you for infringement of any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in probing suspected criminal offense.

Content

Our content consists of text, images, videos, opinions, facts and suggestions created by us and/or Amazon.com including other parties. We do not guarantee the validity of the information, as our content should serve as reference only.

Disclaimer for Third Party's Content or Materials

This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. Of content or materials derived from a third party displayed on the site, WackyDecor.com makes no representations or assumes responsibility about the accuracy, reliability, legality, suitability, merchantability, title, non-infringement, decency or fitness for a particular purpose. Said third party remains solely liable for that content or materials. WackyDecor.com (We) are also not responsible for errors or omissions in any references to other parties or their products and services. Such a link or reference is provided only as a facility; it does not mean that we support or are affiliated with the site or party or assume liability of any kind, whether explicitly or implicitly indicated.

Copyright of Materials Published on the Site

The site's graphics, content, data, communications, software, text, video, music, sounds, and other materials and services belong to WackyDecor.com and/or Amazon or entities from which WackyDecor.com has obtained permission and to copy, download, reproduce, transmit and republish in whole or in part in a commercial or public setting is prohibited. You must presume that all materials on the website to be proprietary and copyrighted. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit or distribute any documents, information, software, materials from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any illicit use of materials published on this site may infringe copyright, trademark and other laws in force and could entail criminal or civil punishments. We do not guarantee or signify that your use of materials published on, or derived through, this site will not infract the rights of third parties. Nothing in these Terms & Conditions allows you any right to use any trademark, service mark, logo and/or the name of WackyDecor.com or its affiliates.

Disclaimer for Materials Transmitted to the Site

When you communicate with us whether by electronic mail, post or other means, for any reason, you must presume that any communications and materials that you transmit to this site or to us will be treated as non-confidential and non-proprietary. Understandably you are the owner of all the rights in such communications or materials, but you must agree to concede to us and our agents and affiliates a non-exclusive, paid-up, perpetual and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify and otherwise use such materials for any purpose whatever of the form or medium (either known or not known) in which they are used. In other words, Any improvement suggestion, writing, ideas, you make to WackyDecor.com will automatically become the exclusive property of WackyDecor.com. However, you should not submit confidential or proprietary information to us unless you let us know and we have mutually agreed in writing.

Indemnification

Upon request by us, you agree to defend, indemnify and hold WackyDecor.com, its owners, subsidiaries, affiliated companies, officers, directors, suppliers, agents, partners, sponsors, advertisers and all parties involved in creating, producing and/or delivering this site and/or its content harmless from any claim or demand, including legal fees due to material you post or make available on the site or arising from your use or misuse of this site. We reserve the right, at our own expense, to undertake the entire defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with us in maintaining any available defenses.

Disclaimer of Warranties

You agree that you are accessing the site and/or using its services at your own risk. The site and its services are provided on "as is" and "as available" basis without any warranty, whether explicitly or implicitly indicated, including but not limited to the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-encroachment and non-infraction. Without limiting the foregoing, we do not warrant that

  • the services and materials will satisfy your need,
  • the services and materials will be perpetual, convenient, safe or accurate,
  • the results that may be derived from the use of the services or materials will be productive, error-free or dependable or
  • the quality of any products, services or information purchased or acquired by you from the site from us or our agents/affiliates will match your expectations or be devoid of mistakes, errors or flaws.

The site might contain technical or other mistakes, defects or misprints. We may make modifications to the materials and services on this site, including the prices and specification of any products listed herein. However, you will always be confirmed of the exact price you will pay before confirming your order. We will not honor any previous prices of products or shipping under any circumstances.

At any time without prior notice, the materials or services on this site may be outdated, and we are not committed to update such materials or services. WackyDecor.com as the Site owner, its subsidiaries, affiliated companies, officers, directors, suppliers, agents, partners, sponsors, advertisers and all parties involved in designing, producing and/or presenting this site and/or its content do not assume liability for claims, losses and/or damages of any kind originating from the inaccuracy and inadequacy of information as well as of the use of the site and/or its services (or products) or the inability to use the site and/or its services, including harm and damage caused by malware, worms or other corrupting agents.

The use of the services or the downloading or other acquisition of any materials through this site is done at your own discretion and risk. By visiting this site and using its services and/or products, you agree that you will be solely responsible for any damage to your computer system or loss of data resulting from such activities.

You may have the chance to get involved in commercial transactions with other users and vendors. You accept that all transactions having to do with any merchandise or services offered by any party, including but not limited to the purchase, payment, maintenance and delivery terms as well as the warranties and guarantees related to such transactions, are adopted to apply solely between the seller or purchaser of such merchandise and services and you.

We do not offer any guarantee to transactions carried out through or in connection with this site and you acknowledge and agree that you assume full responsibility for such transactions. Information derived from or through this site from a third party is provided solely by such third party, and not by us or any of our agents and affiliates.

Content available through this site often reflects the opinions and viewpoints of an information provider, site user or other person or entity not associated with us. We do not vouch or assume responsibility for the veracity or trustworthiness of any opinion, advice or statement made by anyone other than an authorized WackyDecor.com spokesperson speaking in his/her official capacity.

You acknowledge and agree that temporary interruptions of services found on this site may happen as normal occurrences. You also understand and consent to the fact that we have no control over third party networks you may access in the course of use of this site, and thus, downtime and malfunction in other network transmissions are entirely beyond our control.

You understand and agree that the services found on this site are provided "AS IS" and that we are not liable for timeliness, erasure, erroneous transmission or failure to store related to any user communications or personalisation settings.

Limitation of Liability

The site of WackyDecor.com and its owners, subsidiaries, affiliated companies, officers, directors, suppliers, agents, partners, sponsors, advertisers and all parties involved in creating, producing and/or delivering this site and/or its content are not liable to you or any third party for any special punitive, direct, indirect, incidental, consequential or exemplary damages of any kind, or any damages whatsoever, including without limitation those resulting from loss of use, data or profits, any aspect of your use of the site or its service or product, whether the damages arise from use or misuse of the site or service or product, from inability to use the site or service or product or the interruption, suspension, modification, alteration or termination of the site or service or product. Such limitation shall also apply with respect to damages incurred by reason of other services or products received through or advertised in connection with the site or service or product or any links on the site, as well as by reason of any information or advice received through or advertised in connection with the site or service or product.

Advertisements and Promotions

The site may include advertisements and promotions offered by third parties. You may do correspondence with or participate in promotions of the advertisers that display their products on this site. Any such correspondence or promotions including the delivery of and the payment for goods and services and any terms, warranties, conditions or representations associated with such correspondence, promotions or transactions are solely between you and the advertisers. We disclaim any liability, obligation or responsibility related to your correspondence, participation and interaction with advertisers.

Disclaimer of Communication Services

We may provide email, blogging, messaging or chat services (hereby referred to as "Communications") that are available to users of our site either directly or through a third-party provider. We will not inspect or disclose the contents of private communications except with the consent of the sender or the recipient or under the Electronic Communication Privacy Act, or as required by law or by court or government order. Please also see our Privacy Policy for further information. Although we have taken measures to safeguard your data by employing automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as "spam"), such devices or techniques, however, are not perfect since there still could be the possibility for others such as hackers to sneak in and pilfer your information and use it in such a way as may cause harm to you. You accept and agree that this website is not responsible for such damages done to you.

Foreign Visitors

Our site may be accessible worldwide but we make no representation that this site is appropriate or available for use at locations outside Canada and USA. So, it is hereby prohibited to access the site from territories where its contents are illegal. If you choose to access this site from other locations, it is solely your responsibility for complying with local laws. Offers of products, services and/or information made in connection with this site are not applicable where forbidden.

Termination of Use

You agree that we may terminate or suspend your access to all or part of this site with or without notice and for any reason, including without limitation, breach of these Terms & Conditions. We may terminate your relationship with the site if we suspect that there is any fraudulent, abusive or illegal activity and we may refer it to the appropriate law enforcement authorities. Upon termination or suspension, irrespective of the reasons, your right to use the services available on this site instantly becomes void and you accept and agree that we may immediately invalidate or remove your account, including all information and files in your account. We shall not be held responsible to you or any third party for any claims or damages arising out of any deactivation or suspension or any other actions taken by us in connection with such termination or suspension.

Governing law

These Terms & Conditions shall be governed by the laws of the Province of Ontario, Canada.

Notice

All notices to a party shall be in writing and shall be made either via email or conventional mail. Notice to us must be sent first to the attention of Customer Service through our contact form. With regard to changes to the site or other matters of importance, we may broadcast notices or messages through the site and such broadcasts shall constitute notice to you at the time of sending.

Modification of Agreement

These Terms of Conditions may not be altered, supplemented or amended by the use of any other document(s). It shall be null and void if there is any attempt to alter, supplement or amend this document unless otherwise agreed to in a written agreement signed by you and us. In the event that anything displayed on or associated with this site is contradictory to or incongruent with these Terms of Conditions, these Terms of Conditions shall prevail.

Others

Along with any excuse provided by applicable law, we shall not be held responsible for non-delivery or delay in delivery of products and services available through our site as the result of circumstances beyond our reasonable control, whether or not foreseeable by either party, including but not limited to labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation and other causes or events beyond our reasonable control, whether similar or not to those listed above.

In case some provisions of these Terms & Conditions are held to be invalid or unenforceable, the remainder of the provisions that are enforceable shall control. All parties agree that if any provision is found to be invalid or unenforceable, the arbitrating panel will construe such provision to the maximum extent that it might be found to be valid or enforceable, and the remaining portions shall remain in full force and effect. Any failure by us to apply or execute any provision of these Terms & Conditions or related rights shall not pose as a disclaimer of that right or provision.

Dispute Resolution

All parties accept and agree to use binding arbitration for any claim, any dispute or contention of any nature (in contract, tort or otherwise) that arises out of the purchase of the products through WackyDecor.com or of users' interaction on or with the website.

In case of a dispute, all parties accept and agree to use arbitration, which shall be conducted in compliance with the rules of the Arbitration and Mediation Institute of Canada (AMIC) that are in effect on the date a dispute is submitted to the Arbitration and Mediation Institute of Canada in Ontario (AMIO), located in Toronto, rules and forms of which are available by contacting them at 416-487-4447. Hearing will take place in Toronto, Ontario, Canada.

All parties also accept and agree that they have no right to go to court. Likewise, they disclaim their right to engage in pre-trial discovery except as provided in the rules and they shall not have the right to join as a representative or member of any class of claimants related to any claim subject to arbitration. The arbitrator's decision shall be final and binding with limited rights of appeal.

The party who has lost the case shall bear all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees as well as travel expenses, of the prevailing party.

All parties accept and agree that the jurisdiction would be in Toronto, Ontario, Canada should any matter regarding a service or product on the website be brought to the Arbitrator.

Last modified

These Site Terms and Conditions of Use were last updated on August 21, 2018

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