Thank you for visiting www.DustyRoseCollection.com. We have prepared these Terms and Conditions (the "Terms") to ensure that you understand your rights and obligations and your experience on our website is one you'll want to repeat again and again. Dusty Rose, LLC ("Dusty Rose") provides this site (the "Website") as a service to its customers. Please review the following Terms that govern your use of the Website (the "Agreement"). Please note that your use of the Website constitutes your agreement to follow and be legally bound by these Terms. If you do not agree to these Terms, please do not use the Website. Although you may "bookmark" a particular portion of the Website and thereby bypass these Terms, your continued use of the Website indicates your continued acceptance of these Terms and your acknowledgement that you are still bound to the Terms. Since Dusty Rose may revise these Terms at any time, you should visit this page periodically to review the Terms that govern your use of the Website. Should you have any questions concerning these Terms of any of our policies, please contact us at firstname.lastname@example.org.
LEGAL INFORMATION / USE OF THE WEBSITE
The Website is owned and operated by Dusty Rose, whose mailing address is 1322 E Chicago Street, Kent, WA 98030.
Unless otherwise noted, all content posted on the Website is:
Copyright ©2017 Dusty Rose, LLC
If you believe that your work has been posted on the Website in a way that constitutes copyright infringement, please follow the notice and take-down procedure described below.
All design and content featured on the Website, including navigational buttons and images, artwork, graphics, photography, text, and the like, and all rights therein, including copyrights, trademarks, trade dress, and/or other intellectual property, are owned, controlled, or licensed by Dusty Rose.
Dusty Rose is a trademark of Dusty Rose, LLC.
The Website in its entirety is protected by applicable copyright, trademark and trade dress laws. All worldwide rights, titles, and interests are reserved by Dusty Rose.
The contents of the Website and the Website as a whole are intended solely for your personal, noncommercial use. Any use of the Website and/or any of the content posted on the Website for any purpose other than personal and noncommercial is prohibited without the express prior written permission of Dusty Rose. Do not reproduce, publish, publicly display, publicly perform, modify, adapt, sell, distribute, transmit or otherwise use any of the materials or other content posted on the Website for any commercial purpose. Dusty Rose grants a limited, non-exclusive, restricted, non-transferable, non- sublicenseable, revocable license allowing you to download or electronically copy and print any of the content displayed on the Website for your personal, noncommercial use only. All other rights are reserved to Dusty Rose.
You agree that you will not access or use the Website in any manner that could damage, disable, impair or cause undue burden on the Website and/or its host, servers, network, systems or other users. You agree that you will not attempt to interfere in any way with the operation of the Website, that you will not transmit any virus or worm to the Website, that you will not use any spider, robot or any other automated mechanism to access the Website and/or its servers or systems, and that you will not engage in flooding, spamming, mail-bombing, crashing or otherwise sending unsolicited e-mail to other users of the Website. You further agree that you will not attempt to access data that is not intended for your use, that you will not attempt to log on to a server or account that you are not authorized to access, and that you will not probe, scan or test the vulnerability of any system or network related in any way to the Website without authorization.
We endeavor to present the most recent, most accurate, and most reliable information on the Website at all times. However, there may be occasions when some of the information featured on the Website may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologize if erroneous information is reflected in merchandise price, item availability, or in any way affects your individual order. We reserve the right to amend errors or to update product information at any time without prior notice. In the event a Dusty Rose product is listed at an incorrect price due to photographical error, typographical error or error in pricing information from our suppliers, Dusty Rose shall have the right to refuse or cancel any orders placed for product listed at the incorrect price whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Dusty Rose shall issue a credit to your credit card account in the amount of the incorrect price.
At Dusty Rose, we go out of our way to select unique merchandise. Please understand that many of the items featured on the Website are offered in limited quantities and, because of their limited availability, stock will not be guaranteed and cannot always be refreshed. That means once an item is gone, it may be gone for good and may not appear on the Website again. When an item featured on the Website is no longer in stock, we make every attempt to remove that item from the Website in a timely manner. Should you have any questions concerning the availability of a particular item, please email us at email@example.com.
Price adjustments for previous purchases are prohibited for the Black Friday Cyber Week Sale running November 23-December 3, 2017.
We have made every effort to display as accurately as possible the colors of our products that appear on the Website. However, due to monitor discrepancies, we cannot guarantee that your display of color will be accurate.
Although we will make every effort to respond quickly to applicable e-mail messages, Dusty Rose is under no obligation to respond to all pieces of correspondence received through this site, or to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. While we welcome your comments and feedback regarding the Website, our merchandise and our services, please do not send any confidential or proprietary ideas, suggestions, materials, or information. Please note that all of your comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to Dusty Rose shall become and remain the property of Dusty Rose, except as set forth below. Any such disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission. However, we will not use your name in connection with any such materials, information, suggestions, ideas or comments unless we first obtain your permission.
Notwithstanding any other provision contained in these Terms, in the event that the performance of any obligation of Dusty Rose is prevented due to acts of God or any government restriction, wars, hostilities, blockades, civil disturbances, strikes, lockouts, or any other cause beyond the reasonable control of Dusty Rose, then Dusty Rose shall not be responsible to you for any failure or delay in the performance of its obligations. The terms of this clause shall not exempt, but merely suspend, Dusty Rose from its duty to perform until as soon as practicable after a force majeure condition ceases to exist.
You may not assign your rights or obligations under this Agreement without the prior express written consent of Dusty Rose.
None of the content posted on Dusty Rose may be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Dusty Rose in writing. Any illegal and/or unauthorized use of the Website, including collecting usernames and/or e-mail addresses of other Members by electronic or other means for the purpose of sending unsolicited e-mail is prohibited. Appropriate legal action will be taken for any illegal or unauthorized use of the Website.
ADDITIONAL RULES GOVERNING CONTENT POSTED & CONDUCT
Dusty Rose does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, other works of authorship, or any other materials (collectively, “Member Content”) that you post to the Website. After posting your Member Content to the Website, you continue to retain your ownership rights in such Member Content, and you continue to have the right to use your Member Content in any way you choose. By displaying or posting any Member Content on or through the Website, you hereby grant to Dusty Rose an irrevocable, fully-paid and royalty-free, non-exclusive, sublicenseable, limited license to modify, publicly perform, publicly display, reproduce, distribute, transmit and otherwise use such Member Content solely on and through the Website.
The license you grant to Dusty Rose is non-exclusive (meaning you are free to license your Content to anyone else in addition to Dusty Rose), fully-paid and royalty-free (meaning that Dusty Rose is not required to pay you for the use of the Content that you post), sublicenseable (so that Dusty Rose’s affiliates and subcontractors such as Internet content delivery networks are able to provide The Website), and worldwide (because the Internet and the Website are global in reach). This license will terminate at the time you remove your Content from Dusty Rose except as to any Content that Dusty Rose has sublicensed prior to your removal of your Content from The Website. The license does not grant to Dusty Rose the right to sell your Content, nor does the license grant to Dusty Rose the right to distribute your Content other than on the Website.
You represent and warrant that: (i) you own the Content posted by you on or through the Website or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through The Website does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to be responsible for compensation of any and all royalties, fees, and any other monies owing to any person or entity by reason of any Content posted by you to or through The Website.
Content posted by Dusty Rose on the Website ("Dusty Rose Content") is protected by copyright, trademark, patent, trade secret and other laws, and Dusty Rose owns and retains all rights in Dusty Rose Content and in The Website. Dusty Rose hereby grants to you a limited, revocable, non-sublicenseable, royalty-free license to reproduce and display Dusty Rose Content (excluding any software code) solely for your personal use in connection with viewing and using the Website.
The Website contains Member Content, Dusty Rose Content and content licensed by Dusty Rose from third parties (“Licensed Content”), including product reviews. You may not copy, modify, translate, publish, broadcast, transmit, distribute, publicly perform, publicly display, or sell any Dusty Rose Content or Licensed Content appearing on or through the Website.
Dusty Rose may edit and/or delete any Member Content posted on the Website that, in the sole judgment and discretion of Dusty Rose, is undesirable, violates these Terms and/or the purposes of the Website and/or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person or entity. Dusty Rose assumes no responsibility for monitoring the Website for inappropriate Member Content or conduct. If at any time Dusty Rose chooses, in its sole discretion, to monitor the Website, Dusty Rose nonetheless assumes no responsibility for the Member Content, no obligation to modify or remove any inappropriate Member Content, and no responsibility for the conduct of the User submitting any such Member Content.
You are solely responsible for the Member Content that you post on or through The Website, and any material or information that you transmit to other Members or users of the Website and for your interactions with other Members. Dusty Rose does not endorse and has no control over any Member Content. Member Content is not necessarily reviewed by Dusty Rose prior to posting and does not necessarily reflect the opinions or policies of Dusty Rose.
You may post or upload content you have created, including without limitation, photographs, your social media handle, videos, and comments (collectively, "User Submissions") to your social media accounts. By posting and uploading User Submissions that you have tagged with #DustyRoseWedding or other Dusty Rose brand hashtags, you grant to Dusty Rose, LLC. and its third-party service providers who provide content management services (collectively, the "Licensed Parties") the perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your Dusty Rose-tagged User Submissions in any manner to be determined in Dusty Rose's sole discretion, including but not limited to on its webpages, social media pages operated by Dusty Rose, and in its other marketing, promotional and advertising initiatives, in any media now or hereafter known. Dusty Rose may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Submissions in any manner in its sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Submissions. You hereby represent and warrant that (i) you own all rights in and to your User Submissions, (ii) you have permission from all person(s) appearing in your User Submissions to grant the rights granted herein; (iii) you are not a minor, and (iv) the Licensed Parties' use of your User Submissions as described herein will not violate the rights of any third party or any law.
The following is a partial list of the kind of Member Content that is illegal and/or prohibited to post on or through The Website. Dusty Rose reserves the right to investigate and take appropriate legal action against anyone who, in Dusty Rose’s sole discretion, violates this provision, including without limitation, removing the offending communication from The Website and terminating the membership of such violators. Prohibited Member Content includes, but is not limited to Member Content that, in the sole discretion of Dusty Rose:
Certain activities as set forth below are prohibited on the Website. Dusty Rose reserves the right to investigate and take appropriate legal action against anyone who, in Dusty Rose’s sole discretion, violates this provision, including without limitation, reporting violators to law enforcement authorities. Prohibited activity includes, but is not limited to:
COPYRIGHT POLICY FOR THE WEBSITE
You may not post, modify, distribute, transmit, reproduce, publicly display, publicly perform or use in any way any copyrighted material, trademarks, or other proprietary material or information belonging to any third party without obtaining the prior written consent of the owner the rights in and to such proprietary material or information. It is the policy of Dusty Rose to terminate the privileges of any user of the Website who infringes the copyright rights of others upon receipt of prompt notification to Dusty Rose by the copyright owner or the copyright owner’s legal agent.
DMCA Notice & Take-down Procedure
Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide the following information and email it to firstname.lastname@example.org.
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(ii) a description of the copyrighted work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the Website;
(iv) your address, telephone number, and e-mail address;
(v) a written 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, including the law of fair use;
(vi) 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 to act on the copyright owner’s behalf.
Your use of the Website constitute your acceptance of these Terms, and your continued membership and use confirm that acceptance.
These Terms constitutes the entire agreement between you and Dusty Rose regarding the use of the Website.
Any failure of Dusty Rose to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
If one or more of the provisions of these Terms are deemed unlawful, void or unenforceable, the remainder of these Terms shall be unaffected and shall continue to be valid, binding and enforceable.
VIOLATIONS OF TERMS.
Please report any violations of these Terms to us by e-mailing us at email@example.com.
Effective Date: November 4, 2016