TERMS & CONDITIONS
January 17, 2017
This Site is owned and controlled by Fresh Dust and is operated with the assistance of certain third parties. By using, browsing and/or accessing this Website, you warrant that you are of the age of majority and agree to these Terms & Conditions. Use of this Website is strictly voluntary. Please take a moment to review our Terms & Conditions. Your use of this Website constitutes your agreement to follow these rules and to be bound by them. If you are dissatisfied with the Site, its content or Terms & Conditions and Legal Notices, you agree that your sole and exclusive remedy is to discontinue using the Site.
Disclaimer of Warranty and Limitation of Liability
THIS Website, ITS CONTENTS AND SITE RELATED SERVICES ARE PROVIDED “AS IS” AND WITH ALL FAULTS. AELLON DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTIABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION AND TITLE/NON-INFRINGEMENT. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE. NEITHER AELLON NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE OR ANY ASPECT THEREOF SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THIS SITE, OR ERRORS OR OMISSION IN THE CONTENT THEREOF, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT ACCESS TO AND USE OF THIS SITE AND THE CONTENT THEREOF IS AT YOUR SOLE RISK. WE DO NOT WARRANT THAT THIS SITE, OR RELATED SOFTWARE, DATA, EMAILS, PRODUCTS OR SERVICES ARE FREE FROM DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS.
Collection of Visitor Information on this Site
Links to Other Websites
You agree to indemnify, defend, and hold us and our successors and assigns harmless from and against and in respect of any and all third party claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and reasonable attorneys’ fees that we shall incur or suffer which relate to your use of this Web site, your failure to perform any of your obligations under these Terms & Conditions, or your breach of any of your representations or warranties made under these Terms & Conditions.
Limitations on Use of Content
All content, data and material contained on this Web site are protected by one or more copyrights, trademarks, patents, trade secrets and/or other proprietary rights owned or licensed by us and which are protected under the laws of the State of New York, the United States, foreign jurisdictions, and/or international treaties.
No portion or element of this Website or any of its content may be copied or retransmitted via any means. This Website, its content and all related rights shall remain our exclusive property or the property of Aellon or the licensors of such content unless otherwise expressly agreed in writing. Without our prior written authorization, you may not reproduce, distribute, modify, display, perform, prepare derivative works based on, adapt, repost, or otherwise use the content of this Website. Use of this Website does not in any respect whatsoever constitute a grant of any license or other right to use or exploit any of these proprietary rights.
The Fresh Dust names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Fresh Dust. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner.
If you believe any content appearing on the Site, whether posted by us or by another visitor, violates the copyright or other proprietary rights of a third party, please notify us immediately, specifically identifying the content in question and the web page on which it appears, as well as the true copyright owner and any supporting information, and we will take appropriate action.
Changes to the Site
You agree and understand that the Site, including any and all features available via the Site and any User Content (as defined below), may be modified by us, in our sole discretion, at any time without prior notice. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Site implemented after your initial access to the Site shall be subject to these Terms & Conditions.
Changes to Terms & Conditions
Your Account and Computer Data Safety
When and if you use the Site, it shall be your sole responsibility to restrict access to your computer and to maintain the confidentiality of your email address, password and any other account identifiers related to any personal account you created on the Site (the “Account”). You also agree to accept sole responsibility for any and all activity that occurs under your Account. You should take reasonable steps to protect your computer systems and data from viruses, hackers, identity thieves and other similar problems.
Site Rules; User Comments and Product Reviews
Any comments, suggestions, ideas, reviews, materials and other submissions that you send to us through the Site or by email, mail, telephone, at our stores or otherwise, or in any social media accessible in the future through us or our Site or related to or associated with us (“User Comments”) are provided on a non-confidential basis. By submitting User Comments, you are granting us an irrevocable and unrestricted license to the User Comments for any purpose whatsoever, including use, reproduction, publication, broadcast, posting, modification, transmission, display, distribution or creating derivative works.
You agree that no User Comments will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no part of any User Comment will be libelous, unlawful, abusive, offensive or obscene. You are and shall remain solely responsible for any of your User Comments. Aellon reserves the right to monitor, modify or delete any User Comment, in our sole discretion.
By accessing this Site, each user also agrees not to use the Site to post or transmit any offensive, harmful, unlawful, threatening, libelous, defamatory, obscene, abusive, hateful, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law.
All User Comments and Product Reviews are strictly the opinion of the user posting such reviews, and Fresh Dust Design LLC does not endorse or approve any such reviews or have any responsibility or liability for the accuracy, appropriateness or content of such reviews.
We may discontinue all or part of this Site at any time. We may block or limit your access to this Site for any reason, including if: (a) you violate these Terms & Conditions; (b) you violate any applicable law or regulation relating to your use of this Site; (c) you engage in any conduct which we, in our sole discretion, believe is offensive, harmful, defamatory or otherwise harmful to us or others; (d) you breach any other agreement with us.
Product Pricing, Availability and Accuracy
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and Aellon reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged.
Charges and Fees
You authorize Fresh Dust and any payment processing service provider we may engage to charge your credit card for any products, or services you purchase through your use of this Web site. You represent and warrant that you are the only one who will use your credit card in connection with this Web site, and you shall be responsible for any and all uses of your credit card. To dispute or cancel any erroneous charge, you must contact us at info@Fresh Dustdesign.com.
Product Display; Finish/Colors
The Site attempts to display product images shown on the site as accurately as possible. However, we cannot guarantee that the finish and color you see matches the product finish/color, as the display of the color depends, in part, upon the monitor you are using.
This Site and products sold through this Site are intended solely for the personal, non-commercial use of our customers and our potential customers. Our products are not being offered for re-sale unless previous, written authorization has been provided.
Continued Operation, Accessibility, and Maintenance of this Web site
We may modify, change, suspend, terminate or discontinue the operation of this Web site or the provision of any services without notice and we reserve the right to refuse service to anyone at any time, with or without cause.
We make no representation or warranty that the products or services advertised or offered on this Web site will be available at all times, or that they will be available on the basis of any indicated terms or conditions. Any failure by us to enforce any provision of these Terms & Conditions shall not be construed as a waiver of any provision or the right to enforce same. These Terms & Conditions shall be governed by the laws of the State of New York. For the purpose of resolving conflicts relating to or arising out of these Terms & Conditions, or arising out of any other dispute or claim associated with us, venue shall be in the State of New York only and, in addition, you hereby consent to the exclusive jurisdiction of the federal and state courts in the State of New York. If any portion of these Terms & Conditions is held to be invalid, such holding shall not invalidate the other provisions of these Terms & Conditions.
Submissions to Fresh Dust Design
Any and all materials you send or submit to us or a third party provider on this Web site, including, without limitation, comments, suggestions, Product Reviews, User Content, photos, or contest or sweepstakes entries (collectively, “Submissions”), shall become our property; and you hereby transfer, sell, and assign to us all of your right, title, and interest in and to any such Submissions, including without limitation, any and all related copyrights, moral rights, trademarks, patents, trade secrets and/or other proprietary rights. To the extent the preceding assignment and transfer is ineffective, you hereby grant Aellon an exclusive, irrevocable, fully-paid and royalty-free, perpetual, and fully sublicensable and transferable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from, and publicly display and perform such Submission throughout the universe in any media, now known or hereafter devised. We have no obligation of any kind whatsoever to maintain any confidentiality with respect to any such Submissions. Aellon shall be free to use them for any purpose whatsoever without providing you notice or receiving your consent, and without restriction or compensation.
If you have questions or comments about these Terms & Conditions, please contact us via email at holla@FRESHDUST.COM or 424-625-3878.