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Terms of Use Agreement for KnockOffDecor.com

This website and its associated services and content (collectively “Website”) is owned and operated by Calavan Media Group, LLC d/b/a KnockOffDecor.com (“CMG”). CMG has adopted this Terms of Use Agreement (“Agreement”) to inform you of your rights and duties when using the Website. If you do not agree with the terms and conditions contained within this Agreement, you are expressly prohibited from using the Website and must discontinue your use immediately.

CMG MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE. IN THE EVENT CMG MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE, YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.

By visiting and using the website, you accept and agree to be bound by these Terms and Conditions including our Privacy Policy and Disclosure posted on the website and incorporated herein by reference.

The term “you” refers to anyone who uses, visits and/or views the website. KnockOffDecor.com (“company”, “I”, “we” or “us”) reserves the right to amend or modify these terms and conditions in its sole discretion at any time without notice and by using the website, you accept those amendments.  It is your responsibility to periodically check the website for updates.

Your continued use of the website after posting of any changes to our Terms and Conditions constitutes your acceptance of those changes and updates. You must not access or use the website if you do not wish to be bound by these Terms and Conditions.

Termination

We reserve the right in our sole discretion to refuse, remove, restrict your access, revoke and terminate your use of our website including any or all Content published by you or us at any time for any reason, without notice.

No Warranties

ALL CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES ON THE WEBSITE ARE “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, EXPRESS OR IMPLIED TO THE FULL EXTENT PERMISSIBLE BY LAW. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, PRODUCTS AND/OR SERVICES PROVIDED ON THIS WEBSITE. COMPANY MAKES NO WARRANTIES THAT THE WEBSITE WILL PERFORM OR OPERATE TO MEET YOUR REQUIREMENTS OR THAT THE INFORMATION PRESENTED HERE WILL BE COMPLETE, CURRENT OR ERROR-FREE. COMPANY DISCLAIMS ALL WARRANTIES, IMPLIED AND EXPRESS FOR ANY PURPOSE TO THE FULL EXTENT PERMITTED BY LAW.

Limitation of Liability

You agree that under no circumstances, we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of this website including but not limited to all the content, information, products, services and graphics presented here.

You expressly agree that your use of the website is at your sole risk and that you are solely responsible for the accuracy of the personal and any information you provide, the outcome of your actions, personal and business results, and for all other use in connection with the website.

You also expressly agree that we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall not be liable to you for any damages resulting from 1) any errors or omissions on the website, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including computer virus, hacking of information, and any other system failures; 2) any loss of income, use, data, revenue, profits, business or any goodwill related to the website; 3) any theft or unauthorized access by third party of your information from the website regardless of our negligence; and 4) any use or misuse of the information, products and/or services offered here.

This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here.

Indemnification

You agree to indemnify and hold the Company and/or its officers, employees, successors, shareholders, joint venture partners or anyone else working with us harmless from all losses, claims, damages, demands, actions, suits, proceedings or judgments, including costs, expenses and reasonable attorneys’ fees (“Liabilities”) assessed against or otherwise incurred by you arising, in whole or in part, from: (a) actions or omissions, whether done negligently or otherwise, by you, your agents, directors, officers, employees or representatives; (b) all your actions and use of the website including purchasing products and services; (c) violation of any laws, rules, regulations or ordinances by you; or (d) violation of any terms and conditions of this website by you or anyone related to you; e) infringement by you or any other user of your account of any intellectual property or other rights of anyone. The Company will notify you promptly of any such claims or liability and reserves the right to defend such claim, liability or damage at your expense. You shall fully cooperate and provide assistance to us if requested, without any cost, to defend any such claims.

Entire Agreement

These Terms and Conditions along with our Privacy Policy, Copyright Policy, and Disclaimer constitute the entire agreement between you and us with respect to this website. It supersedes all prior or contemporaneous communications, discussions, negotiations or proposals we may have had with you whether electronic, oral or written.

A printed version of this entire agreement including the Privacy Policy and Disclaimer and of any notice given in electronic form shall be admissible in judicial or administrative proceedings with respect to this website to the same extent and given the same effect as other business contracts and documents kept and maintained in printed form.

Severability

If any provision in these Terms and Conditions is deemed by a court, regulatory authority or other public or private tribunal of competent jurisdiction to be invalid or unenforceable, such provision is deemed to have been omitted from this Agreement. The remainder of this Agreement remains in full force and effect, and is modified to any extent necessary to give such force and effect to the remaining provisions, but only to such extent.

No Expert Advice

It is not the intention of CMG to provide definitive information or expert advice regarding any product or service but rather the material contained on this site is for informational purposes only and should not be used as a substitute for competent advice from professionals with experience in or specific knowledge about such product or service. The information should not be considered complete or up to date. CMG does not recommend or endorse any specific product, service, professional, or course of action. Your reliance upon any information provided by CMG, CMG contractors and employees, others appearing on this Website at invitation by CMG, or other visitors or users of this Website is solely at your own risk.

 Ownership of Website and License

You acknowledge and agree that CMG is the owner of, or has rights in and to, the Website and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of CMG. The foregoing prohibition on crawling and aggregation will not apply to search engines or non-commercial and publicly available archives that appropriately comply with CMG’s robots.txt file.

CMG hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Use of the Website for a use outside of its customary and intended purposes or in violation of the terms of this Agreement will result in the termination of this license. Absent prior written permission from CMG, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to CMG.

Trademarks

All trademarks, common law or registered trademarks, displayed on this Website are the property of their respective owners. The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of CMG. You are prohibited from using CMG’s trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services, whether in a domain name, meta tag, trade name, trademark, service mark, pay per click advertising, or otherwise, without the prior written consent of CMG.

User Generated Content

CMG may provide you with the ability to submit user generated content to the Website, which may include but is not limited to text, photos, videos, instructions/tutorials, designs, and other content (collectively “User Generated Content”). Except as otherwise licensed herein, you own all rights in and to your User Generated Content.

By submitting User Generated Content to the Website, you grant CMG a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User Generated Content for the customary and intended purposes of the Website and any purpose related thereto, including, without limitation, to reproduce, prepare derivative works, distribute copies, perform, display, and use any of the User Generated Content. These purposes may include but are not limited to, providing you or third parties with the Website or its associated products and services and archiving or making backups of the Website. You agree to waive all moral rights in and to your User Generated Content across the world, whether you have or have not asserted moral rights in or to your User Generated Content. By submitting User Generated Content to the Website, you further agree to waive all rights of publicity or privacy with respect to the User Generated Content submitted.

You warrant that any User Generated Content that you submit to the Website will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.

Any individual or entity uploading photos through the upload form agrees to the terms set forth in the Terms Of Use Agreement For KnockOffDecor.com, including specifically Section 5 regarding your granting of a license as Licensor to the photographs to use, Calavan Media Group, LLC d/b/a KnockOffDecor, as Licensee. If you do not agree to these terms, do not upload photos. Otherwise, all photographs used on KnockOffDecor websites will include credits for each photograph, provided by you as Licensor, including, without limitation, photographer, DIY creator, interior decorator, interior designer, architect and engineer.

Section 230 of the Communications Decency Act

You acknowledge and agree that CMG is an interactive computer service provider under Section 230 of the Communications Decency Act. Though CMG may edit, remove, or control the content displayed through the Website, you agree that CMG will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.

Confidential Information

You recognize that you may come into possession of information that comprises valuable trade secrets and other confidential information that is exclusively owned by CMG. You expressly recognize that such information is being conveyed to you under conditions of confidentiality, and you agree that you shall not disclose the confidential information to any third party during the term of this Agreement and thereafter, absent written permission from CMG or a court order.

Third-Party Links

You understand that the Website may contain links to third-party websites, applications, or services that CMG does not own or control. You agree that CMG will not be held responsible or liable for the content of third-party websites, applications, or services and that CMG’s inclusion of those websites, applications, or services within its Website does not constitute CMG’s endorsement of, recommendation of, or affiliation with any of those websites, applications, or services.

Endorsement

CMG does not endorse or recommend any commercial product, process, or service. The views and opinions of users, contributors, and others expressed on this Website do not necessarily state or reflect those of CMG and are not intended to be used for advertising or product endorsement purposes.

User Conduct

You expressly agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for use outside of the customary and intended purposes of the Website.

Specifically, you are expressly prohibited from: using a robot, spider, scraper, or other automated technology to access the Website; imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website; circumventing CMG’s technological and physical security measures; impersonating another; posting or transmitting content that threatens or encourages bodily harm or destruction of property; posting or transmitting content that infringes upon the intellectual property rights of other users of the Website or third parties; posting or transmitting content that is offensive, derogatory, or obscene; posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter; and posting or transmitting content intended to collect personal or personally identifiable information from users or third parties.

Published Sponsored Links and Content

At times, we may publish sponsored content and/or sponsored links. When agreements are made with link owners, said links may remain published on the website for a length of time that is at the discretion of the website owners and managers. Should a determination be made at any point in time that the content and/or links need to be removed if detrimental to the health or integrity of the website, such as compliance with Google publishing policies, readying the site for sale, etc., any links or content in question will be removed from the website. As such, at any time, we reserve the right to unpublish any agreed-upon placed links, and will not be bound by any expectation that the links or accompanying content be in place permanently or for the life of the website. You acknowledge and agree if any such placed links or content are published per your request, regardless of compensation or not, that said links or content will not and cannot be published or accessible on a “lifetime” or permanent basis. No other binding agreement or words, either through email communication, secondary contracts, invoices or other payment records from third-party platforms can hold the website owner (KnockOffDecor.com) responsible for keeping links or content published permanently. By requesting links or content to be published on this website, you agree to the above terms and cannot hold the website or its owners accountable should links need to be removed for any reason. 

Consent

By using our website, you hereby consent to our policies and agree to their terms.

Affiliates

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