Last Revised on October 20, 2021
ONLINE SERVICES THIS ToU COVERS
Pretty Domesticated is an interior design firm and lifestyle brand that publishes the Pretty Domesticated blog (the “Blog”) and operates two online shops; one whereby you can purchase interior items directly via third-party vendor websites (the “Shop My Home Shop”) and the other whereby you can purchase interior items and furnishings directly through our direct vendor SideDoor which coordinates purchase and delivery with the wholesale selling vendor making purchases more accessible (the “PD Collection Shop”). This ToU applies to our online services, including our website www.prettydomesticated.com, the Shop My Home Shop, the PD Collection Shop, our Blog, our social media pages, and any future online services we develop (collectively the “Online Services”). Please note that our interior design services are controlled by separate service agreements provided to you upon engaging us for such services.
SERVICES THIS ToU DOESN’T COVER
We love supporting our partners, and to show our appreciation, we may link to their websites and services. When you click on one of these links, you are leaving Pretty Domesticated, and this ToU no longer applies. The way our partners or other third parties do business is out of our hands, and we assume no responsibility for the content, privacy policies, or practices of any third-party website or service. Please note that when you are using any other third-party platform to interact with our Online Services such as Google, Instagram, or Facebook, you agree to their services policies, and this ToU is in addition not in place of such agreements. Additionally, all purchases made via the Shop My Home Shop and Blog are hosted directly on third-party vendor websites, and our PD Collection Shop is hosted by SideDoor; as such, when using our online shop services, you are subject to these third parties’ policies
ACCEPTANCE OF ToU
We know these ToU’s can be tedious to get through. However, by accessing our Online Services, it is understood that you agree to comply and be legally bound by the terms set out in this ToU, which is why you really should stick it out and read the whole thing.
CHANGES TO TERMS
From time to time, we may need to make changes to this ToU and may do so at any time. The date at the top of this ToU represents when this ToU was last revised. It is important to check this ToU from time to time to ensure that you are all caught up to date. By continuing to access or use our Online Services after a change has occurred, you agree to be bound by our updated ToU.
CONDITIONS BEFORE YOU ACCESS OUR ONLINE SERVICES
Our Online Services are not targeted or intended to be used by people under the age of 18, and you are not permitted to make purchases from our Online Services unless you are over the age of 18. All children between the ages of 13 and 17 must have permission from their parent or guardian before accessing our Online Services. If you live outside of the United States, your country may apply stricter age limits. In some cases, even if you are older than 13, you may not be legally allowed to access our Online Services regardless of having parental permission. You must be authorized to use our Online Services and enter into this ToU if you are acting on behalf of a company.
SUSPENSION AND TERMINATION OF YOUR SIDEDOOR ACCOUNT
- Involuntary Suspension or Termination of Your SideDoor Account
We may notify you if we have a reason to believe that you have violated this ToU and may issue you a written warning outlining the behavior we believe is in violation. However, we reserve the right to suspend or terminate your SideDoor account and prevent access to our Online Services at any time for any reason.
- Voluntary Termination of Your SideDoor Account
You are free to delete your SideDoor account at any time voluntarily. Your account may be terminated by contacting SideDoor. Deleting your SideDoor account will mean that you will no longer be able to easily log in to make purchases via the PD Collection Shop or be able to view your order history. Information that you have previously provided to us will not be deleted along with your account unless you specifically ask for such information to be deleted.
PRICING & AVAILABILITY
All purchases made through our Blog and Shop My Home Shop are set and processed directly through the online third-party vendor, and all purchases made via our PD Collection Shop are set and processed by SideDoor; therefore, we cannot and do not guarantee pricing or availability of items that we feature. As such, advertised prices are not guaranteed until a purchase has been made and you have received a confirmation email of such purchase. All credit card payments are also processed through these third-party vendors; this means we never personally see or store your credit card information when you make an online purchase. Prices advertised may be subject to taxes and shipping costs which may be calculated after checkout.
SHIPPING, RETURNS & EXCHANGES
All purchases made through our Blog and Shop My Home Shop are subject to the shipping, return, and exchange policies of the online third-party vendor, and all purchases made via our PD Collection Shop are subject to the shipping, return and exchange policies of SideDoor; therefore we cannot and do not control shipping, returns, and exchanges. All sales made by SideDoor are final, and they do not allow for returns unless the product is damaged in transit. You can read about SideDoor’s policies here: https://www.onsidedoor.com/faqs#shipping
AFFILIATE AND COMMISSION DISCLAIMER
While we only feature items in our Blog, Shop My Home Shop, and PD Collection Shop that we love, we may, receive a commission or other benefit when you make a purchase from a third-party affiliate vendor that we feature or via SideDoor.
GUIDELINES FOR CONTENT YOU UPLOAD
We allow users to comment on our Blog and interact with our social media accounts (the “Social Services”). To comment on our Blog, you must provide your name and email address, and to interact with our social media accounts, you will be required to create an account with such third-party social media service. The purpose of these Social Services is to allow for questions to be asked and to facilitate a community. To ensure that these Social Services are enjoyable for everyone, we have established some ground rules to follow, and by using our Social Services, you agree to comply with these terms:
- Please don’t:
- Use the Social Services to spam or send unsolicited commercial posts;
- Share, upload, copy, distribute, exploit or otherwise make available for commercial use any content that is not solely owned by you or that you have not secured the rights in;
- Post content or communicate in a way that infringes or violates the rights of any third-party, including, without limitation, any intellectual property rights, rights of privacy, rights in contract, rights of publicity, or rights in confidential information;
- Post content or communicate in a way that is unlawful, abusive, unfairly critical, defamatory, pornographic or obscene; or
- Post content or communicate in a way that promotes or incites violence, terrorism, illegal acts, discrimination, or hatred based on race, ethnicity, cultural identity, religious belief, disability, gender, identity, or sexual orientation.
- Please do:
- Give constructive feedback on how we can improve our Online Services;
- Ask questions about our goods and services;
- Network and make friends; and
- Be a nice human!
We do not have any ownership rights in the content created and posted by you onto our Social Services. However, by using our Social Services to create such content, you grant to us a non-exclusive, fully paid, and royalty-free, universal, perpetual, irrevocable license to use, modify, delete from, add to, publicly display and reproduce such content in any media format through any media channel now existing or developed in the future. We will not be liable for any content posted or communicated using our Social Services, but we may, as an administrator, delete content that, at our discretion, we find inappropriate or in violation of this ToU (remember, the internet is forever).
GENERAL INTELLECTUAL PROPERTY & GRANT OF LICENSE TO USE ONLINE SERVICES
Our Online Services contain content, such as the “Pretty Domesticated” name and logo, our website design, our website code, videos, and photos that are protected by copyright, trademark, patent, trade secret, and other laws. We own and retain all rights in such content. We may also use some open source and licensed third-party content in our Online Services, such as fonts, photos, and graphics. We do not make any claim of ownership to this content, and no user is permitted to use third-party content in a way that violates third-party licensing agreements. Pretty Domesticated does not grant or transfer any other rights, title, or interest to you other than the following limited license: Pretty Domesticated grants to you a limited, non-exclusive, non-transferable, revocable license to access and use Pretty Domesticated’s Online Services for non-commercial personal purposes only. Pretty Domesticated reserves the right to terminate this license at any time if your use of our Online Services is not in strict compliance with this ToU.
You grant to Pretty Domesticated a perpetual, worldwide, payment-free, irrevocable license to use, repost, republish and share any public reviews, posts, or comments posted on any third-party platform (including Instagram, Facebook, and Google Reviews) that you make about Pretty Domesticated for our publicity and marketing purposes.
COPYRIGHT POLICY & DMCA CLAIMS
Pretty Domesticated respect’s the intellectual property rights of others. Our policy is to respond to and investigate any claim that content used in connection with our Online Services infringe on any person or entity’s copyright or other intellectual property rights. If you are a copyright owner or an authorized agent of a copyright owner, and you believe that content on our Online Services infringes on another copyrighted work, please submit your claim via email to firstname.lastname@example.org, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged infringement. Per 17 U.S.C. 512(c)(3) of the Digital Millennium Copyright Act (DMCA), your claim must include:
- an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on our Online Services where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized agent permitted to act on the copyright owner’s behalf.
Please be aware that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims relating to content that you report as being allegedly infringing in nature.
REPRESENTATIONS AND WARRANTIES
- Pretty Domesticated’s Representations and Warranties
YOU MAY BE GRANTED WARRANTIES REGARDING GOODS FROM THE THIRD-PARTY VENDOR SELLING THE GOODS. HOWEVER, WE DO NOT PROVIDE SUCH WARRANTIES OR HAVE ANY CONTROL OVER THIRD-PARTY WARRANTIES OR THE QUALITY OF GOODS SOLD. OUR ONLINE SERVICES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS.” PRETTY DOMESTICATED MAY USE REASONABLE EFFORTS TO CORRECT ERRORS AND OMISSIONS IN OUR ONLINE SERVICES. HOWEVER, PRETTY DOMESTICATED EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT THAT THE LAW OF THE JURISDICTION PERMITS. PRETTY DOMESTICATED DOES NOT WARRANT THAT USE OF PRETTY DOMESTICATED’S ONLINE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT DATA WILL NOT BE LOST. PRETTY DOMESTICATED IS NOT RESPONSIBLE FOR ENSURING THAT YOU COMPLY WITH ALL OF OUR TERMS AND CONDITIONS AND WILL NOT BE LIABLE FOR ANY ACTIONS THAT RESULT FROM YOUR NON-COMPLIANCE.
- User Representations and Warranties
By using Pretty Domesticated’s Online Services, you represent and warrant that:
- You are free to enter into and comply with this ToU and are not under any disability, restriction, or prohibition, contractual or otherwise, that prevents you from entering into this ToU;
- You will provide accurate and truthful information regarding your personal identification and will not use any other person’s information;
- You have read and agree to this ToU and will not use Pretty Domesticated’s Online Services for any fraudulent or inappropriate purpose or in a way that violates these terms and conditions;
- You will not try to reverse engineer our site or software to circumvent access to our Online Services;
- You will not circumvent or hack any technology used by Pretty Domesticated to protect our Online Services and our users;
- You will not transmit any worms or viruses or any code of a destructive nature; and
- You will not copy or fraudulently reproduce Pretty Domesticated’s content or violate our intellectual property rights.
LIMITATION OF LIABILITY
IN NO EVENT WILL PRETTY DOMESTICATED BE LIABLE FOR YOUR FAILURE TO PROVIDE ACCURATE OR COMPLETE INFORMATION, YOUR FAILURE TO KEEP PERSONAL INFORMATION CONFIDENTIAL, YOUR FAILURE TO COMPLY WITH ANY OTHER LAWS, OR YOUR FAILURE TO COMPLY WITH THIS TOU. PRETTY DOMESTICATED WILL ALSO NOT BE LIABLE FOR ANY LOSS OF USE, LOSS OF DATA, CHANGES TO THE ONLINE SERVICES OR PLATFORM, TEMPORARY OR PERMANENT SUSPENSION OF ONLINE SERVICES, DAMAGE TO COMPUTER OR HARDWARE, SECURITY BREACHES, INTERRUPTION OF BUSINESS, LOST PROFITS, BREACH OF A THIRD-PARTY CONTRACT, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER RESULTING FROM AN ACTION UNDER CONTRACT, TORT, STRICT PRODUCT LIABILITY OR OTHERWISE. IN NO EVENT WILL THE AGGREGATE LIABILITY OF PRETTY DOMESTICATED UNDER THIS TOU EXCEED THE AMOUNT (IF ANY) PAID BY YOU TO PRETTY DOMESTICATED FOR OUR ONLINE SERVICES. IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY ABOVE, PRETTY DOMESTICATED’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE JURISDICTION. YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK AND HAVE BEEN REACHED DUE TO FUNDAMENTAL BARGAINING BETWEEN YOU AND PRETTY DOMESTICATED.
You agree to indemnify and hold Pretty Domesticated harmless from any and all claims, losses, liability, damages, expenses, and costs (including attorney fees, mediation, arbitration, and court costs) resulting from or arising from any breach by you of this ToU and any activity related to your engagement with our Online Services.
PRIVACY, COOKIES, AND DATA PROTECTION
Pretty Domesticated’s Online Services are controlled, operated, and administered from our offices within the United States of America and are not intended to be subject to the laws or jurisdiction of any country outside of the United States of America. WE DO NOT REPRESENT OR WARRANT THAT OUR ONLINE SERVICES ARE APPROPRIATE, LEGAL, OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION OTHER THAN THE UNITED STATES OF AMERICA. Those who choose to access Pretty Domesticated’s Online Services outside of the United States of America do so on their own initiative and assume all risks associated with such access, including but not limited to any compliance with their particular jurisdictions’ laws and regulations and any United States export controls. We reserve the right to limit our Online Services, in whole or in part, to any geographic location or jurisdiction we choose.
THIS SECTION OF OUR TERMS AND CONDITIONS SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND YOUR RIGHT TO BE PART OF A CLASS ACTION. PLEASE ENSURE THAT YOU READ THIS SECTION CAREFULLY AND FULLY UNDERSTAND THIS SECTION BEFORE USING AND ACCESSING OUR ONLINE SERVICES. THIS SECTION WILL SURVIVE TERMINATION OF THIS TOU AND TERMINATION OR EXPIRATION OF ANY ONLINE SERVICES PROVIDED BY PRETTY DOMESTICATED.
- Letting Us Know About Complaints
At Pretty Domesticated, we hope that we can work out any complaints or differences that we may have with you respectfully and calmly. If you have any concerns about Pretty Domesticated’s Online Services, please reach out to Pretty Domesticated to let us know. If we cannot work out our differences together, then the following mandatory binding arbitration will apply to resolve the dispute.
- Mandatory Binding Arbitration
If any controversy or claim arising out of or relating to Online Services provided under this ToU cannot be amicably resolved, such controversy or claim will be determined by binding arbitration rather than in a court of law. Except that mandatory binding arbitration will not apply with respect to any claims relating to infringement or misuse of intellectual property or any legal dispute that falls into the jurisdiction of a small claim court and would be more efficiently and cost-effectively resolved in a small claims court. The binding arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes of the American Arbitration Association (the “AAA”) and administered by the AAA in Cass County, North Dakota. Arbitration must be commenced by filing a demand for arbitration with the AAA within one (1) year after the claim occurs or within one (1) year of the party asserting the claim becoming reasonably aware of the act or omission giving rise to the claim. If applicable law prohibits a one-year statute of limitations for asserting claims, claims must be asserted within the shortest period of time permitted by the applicable law. Except for attorney fees, all other costs associated with the arbitration will be shared equally between the parties, except where the AAA Rules provide otherwise.
- Prevailing Party
If an arbitrator or court of law determines a claim against Pretty Domesticated to be frivolous or an opinion is found in our favor by the arbitrators or court, you agree to reimburse Pretty Domesticated for all fees associated with the arbitration and/or court case, including attorneys’ fees and arbitration/court costs.
- Class Action Waiver
You agree to waive any right to participate in a class or representative action or proceeding and warrant that any claims brought against Pretty Domesticated will be initiated only in your individual capacity. Any relief awarded by an arbitrator or court of law will not affect other users of Pretty Domesticated’s Online Services.
You are not entitled to assign this ToU, in whole or in part, to another person, without the prior written consent of Pretty Domesticated. Pretty Domesticated reserves the right to assign this ToU, in whole or in part, to any third party at any time without notice, including but not limited to any individual or entity acquiring all or substantially all of the Pretty Domesticated business or assets.
SURVIVAL OF TERMS BEYOND TERMINATION
All provisions in this ToU that specifically state or logically ought to survive the termination of this ToU, or the termination of a user’s account, will survive such termination, including but not limited to payment obligations, intellectual property rights, warranties, indemnities, and limitation on liability clauses.
WAIVER AND SEVERABILITY
No waiver by Pretty Domesticated of any term or condition in this ToU will be deemed or construed to be a waiver of such term or condition in the future, or of any preceding or subsequent breach of the same or any other term or condition of this ToU or any other agreement. If any term or condition in this ToU is declared to be invalid, illegal, or unenforceable, for any reason, the remainder of the provisions will remain in effect and will be enforceable to the fullest extent possible.
APPLICABLE LAW AND JURISDICTION
1231 27th St. S, Fargo, ND 58103