The following describes the terms and conditions applicable to your access and use of the Trumond.com website.
BY ACCESSING AND USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ABIDE BY ALL OF THE RULES AND POLICIES SET FORTH HEREIN. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT ENTER THE TRUMOND WEBSITE.
TRUMOND, Inc. (”TRUMOND“), owns and operates the Trumond.com site (the "Site"). Your access to and use of the Site and its associated services, including any tools, discussions, boards, wikis, interactive areas, or other features, is subject to the following terms and conditions (the "Terms"). TRUMOND may modify these Terms at any time without notice to you by posting revised Terms on the Site. Your access to or use of the Site or any of its associated services following the modification of these Terms shall constitute your binding acceptance of and agreement to be bound by those modified Terms.
Registration is required to access and use certain features of the Site. You will select a username and password when registering to use the Site. Registered users are referred to as Members in these Terms and Conditions and throughout the Site. TRUMOND has the right, but not the obligation, to reject, change, disallow, or discontinue at any time any username that, in TRUMOND's sole unfettered discretion, is objectionable or inappropriate for any reason. You are solely responsible for maintaining the confidentiality of your username and password. You acknowledge and agree that you shall be fully responsible for the use of and any acts undertaken or enabled by the use of your username and password.
You acknowledge that the Site contains information, designs, photographs, and other content and materials that are protected by copyright, trademark or other intellectual property rights of TRUMOND or third parties. Unless otherwise noted with respect to a particular item or items offered through the Site, you may use the Site only for your personal, non-commercial purposes, and you may not modify, publish, retransmit, create derivative works from or otherwise exploit the Site or any of the contents thereof. While we may allow Members to link to personal profiles on third party sites as well as personal websites on their profile pages, TRUMOND is not responsible for any link to any third party website. You understand and acknowledge that the Site contains content created by or on behalf of TRUMOND as well as content provided by third parties and:
- TRUMOND does not control, and makes no representations or warranties about, any third party content, including such content that may be accessible directly on the Site or through links from the Site to third party sites; and
- By viewing the Site or communications transmitted through the Site, you may be exposed to third party content that is false, offensive or otherwise objectionable to you or others, and you agree that under no circumstances shall TRUMOND be liable in any way, under any theory, for any third party content.
4. USER CONDUCT
You agree that, when using or accessing the Site or any of the features thereof, you will not:
- Access or use the Site other than for your personal use;
- Violate any applicable law or regulation;
- Interfere with or damage the Site;
- Transmit or introduce to the Site or to other users thereof any viruses, cancel bots, Trojan horses, flood pings, denial of service attacks, or any other harmful code or processes;
- Systematically retrieve data or other content from the Site by any means, and you will not compile a database or directory of information extracted from the Site;
- Infringe the rights of any third party, including but not limited to any intellectual property rights, privacy rights, publicity rights or contractual rights;
- Transmit or post harmful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, obscene, indecent, vulgar, lewd, violent, hateful or otherwise objectionable content or material;
- Transmit or post any unsolicited advertising, promotional materials, or spam;
- Use the content or information available on the Site for any improper purpose.
5. OWNER'S RIGHT
TRUMOND strives to create an active community and welcomes all interested users and their contributions. However, TRUMOND has the right, but not the obligation, to take any of the following actions, in TRUMOND's sole unfettered discretion, at any time, and for any reason or no reason, without providing any prior notice:
- Restrict, suspend or terminate your access to or use of the Site;
- Change, suspend or modify all or any part of the Site or the features thereof;
- Refuse or remove any material posted on, submitted to or communicated through the Site by you;
- Deactivate or delete any screen names, profiles or other information associated with you; or
- Alter, modify, discontinue or remove any content of the Site.
TRUMOND does not sell or rent your personal information to third parties for their marketing purposes without your consent. Periodically, TRUMOND or its affiliates may contact you via email concerning the promotion of their products or services on the Site. Notwithstanding the foregoing, you acknowledge and understand that some features of the Site are designed to permit users to post photographs and information for public viewing and thus you hereby waive any expectation of privacy you may have concerning any likeness or information provided to the Site by you.
7. SUBMITTING CONTENT
Certain features of the Site may permit you to upload photographs or video (collectively, "Images") or information, including, but not limited to, your personal information, text, sewing patterns (“collectively, “Information”) to the Site, or otherwise make Images or Information available for viewing through the Site. You may only upload Images or Information you own, or that you have the right to upload. The following terms are applicable to your submission of Images or Information for posting on or viewing through the Site:
- You may not submit to the Site Images depicting anyone other than yourself unless you have received the express consent to such submission from the depicted persons;
- By submitting any Image or Information to the Site, you hereby grant to TRUMOND and its affiliates, subsidiaries, licensees and assigns, an irrevocable, perpetual and royalty-free right to, in connection with the operation and/or promotion of the Site, use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of the submitted Image or Information in any and all media, whether now known or hereinafter created, throughout the world and for any purpose. In addition to other things, the rights granted to TRUMOND include but are not limited to the right to resize, crop, censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of the submitted Image or Information;
- By submitting any Image or Information to the Site, you hereby represent and warrant that the submitted Image or Information does not and shall not infringe on any copyright or other right of any third party, and that you have the right to grant any and all rights and licenses granted to TRUMOND hereunder, including but not limited to all necessary rights under copyright, free and clear of any claims or encumbrances;
- You acknowledge and agree that TRUMOND shall have no obligation to post, display or otherwise make publicly available any Image or Information submitted by you, and may, in its sole and unfettered discretion, remove, edit, modify or delete any Image or Information that you submit to the Site;
- You understand and intend that any Image or Information submitted by you to the Site may be available for viewing and comment on by the public, and understand that comments with which you disagree or are unhappy about may be published or otherwise become associated with any Image or information you submit to the Site. By submitting any Image or Information to the Site, you hereby waive any privacy expectations that you may have with respect to any such Image or Information submitted by you to the Site;
- You hereby agree to hold TRUMOND and its affiliates, subsidiaries, licensees and assigns harmless from and against, and hereby waive any right to pursue, any claims of any nature arising in connection with the inclusion in, publication via or display on the Site, or any other use authorized under these Terms, of any Image or information submitted to the Site by you;
- Images or information submitted by you to the Site shall be the property of TRUMOND, and TRUMOND shall have no obligation to preserve, return or otherwise make available to you or others any photos or information submitted to the Site by you.
8. USER INTERACTION
You are solely responsible for your interactions with other users of or visitors, including other Members, to the Site.
- TRUMOND shall have the right, but not the obligation, to monitor interactions utilizing the facilities of the Site, including any email functionality thereof, between you and other users of or visitors to the Site or any third parties, including other Members. You acknowledge and agree that TRUMOND, its affiliates, subsidiaries, licensees and assigns shall not be, and you shall not seek to hold them, responsible for any harm or damage whatsoever arising in connection with your interaction with other users of or visitors to the Site.
- TRUMOND does not verify any information posted to or communicated via the Site by any users (including Members) and does not guarantee the proper use of such information by any party who may have access to the information. You acknowledge and agree that TRUMOND does not assume, and shall not have, any responsibility for the content of email messages or other communications sent or received by users of the Site.
You hereby agree to indemnify, defend and hold harmless TRUMOND, its affiliates and licensees, and all of their officers, directors, employees, agents and representatives from and against any and all liabilities, losses, claims, damages, and expenses (including reasonable attorneys' fees) in connection with any claim arising out of your use of the Site or violation of any of these Terms.
10. ITEMS OFFERED FOR PURCHASE
TRUMOND will make every attempt to ensure that information on this Site is accurate, complete and current as it relates to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. Availability of merchandise or other items offered for sale may vary. Some featured items may be available only in limited quantities or only while supplies last. Display of an item on the Site is not a guarantee that the item is currently in stock or that it will be available on the Site when you visit again. We reserve the right, without prior notice, to limit the order quantity on any product or item offered for sale and/or to refuse service to any customer that we believe would violate any of our business practices, applicable laws or policies. We also may require verification of information prior to the acceptance and/or shipment of any order.
11. LINKS TO THIRD PARTY PAGES
12. DISCLAIMER OF WARRANTY/LIMITATION OF LIABILITY.
- YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER TRUMOND, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.
- THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMLPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT TRUMOND SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OF THE SITE OR THIRD PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
- IN NO EVENT WILL TRUMOND, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM, RELATING TO OR CONNECTED WITH THE USE OR INABILITY TO USE THE SITE OR ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH THE SITE OR THESE TERMS.
- THE MAXIMUM AGGREGATE LIABILITY OF TRUMOND UNDER ANY CONTRACTUAL, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR ANY ORDER PLACED THROUGH THE SITE WILL BE LIMITED EXCLUSIVELY TO A REFUND OF PAYMENTS RECEIVED FROM YOU RELATING TO SUCH ORDER.
13. ENTIRE AGREEMENT
These Terms constitute the entire agreement between TRUMOND and you with respect to the subject matter hereof, and supersede any previous oral or written agreement between us with respect to such subject matter. These Terms shall be construed in accordance with the laws of the State of California, without regard to the conflicts of law provisions thereof.