We may change the terms that govern your use of our Site at our sole discretion. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to our Site from time to time.
1. Intellectual Property
Unless otherwise noted, all materials, including illustration, images, icons, designs, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the \"Contents\") are trademarks, copyrights, trade dress and/or other intellectual property owned, controlled or licensed by TreeLiving. The Contents and Site as a whole is protected by copyright and trade dress rights. All worldwide rights, title and interests are reserved. TreeLiving and its related logo and Miaâ€™s Show are trademarks of TreeLiving. The Contents of our site, and the Site as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our Site) use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded software or materials is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), transmit, publish, distribute, modify, display, create derivative works from, sell or participate in any sale of, or exploit in any manner, in whole or in part, any of the Contents, the Site, or any related software.
2. User Generated Content
User Generated Content submitted by users is deemed non-confidential and TreeLiving is under no obligation to treat such User Generated Content as a trade secret and/or proprietary information. Without limiting the foregoing, we reserve the right, in our sole discretion, to use the User Generated Content as we deem appropriate, including, without limitation, deleting, modifying, editing, rejecting and/or refusing to post it. TreeLiving is under no obligation to offer you any payment or any other type of compensation for User Generated Content or to attribute authorship of any of the User Generated Content to you. If, nonetheless, it is determined that you retain moral rights (including rights of attribution or integrity) in the User Generated Content, you hereby agree that (a) you do not require that any personally identifying information be used in connection with the User Generated Content, or any derivative works of, or upgrades or updates thereto; (b) you do not oppose the publication, modification, use, exploitation, modification, and/or deletion of the User Generated Content by TreeLiving or our agents; (c) you waive and will not claim or assert any entitlement to any moral rights of an author in any of the User Generated Content; and (d) you hereby release TreeLiving from any and all claims that you could otherwise assert against TreeLiving by virtue of any moral rights.
To use certain parts of the Site (e.g., posting comments, starting a blog or uploading a video), you will be asked to provide certain information about yourself, including your first name, e-mail address, password, city and state or Zip code.
c. Use of Bulletin Boards, Chat Rooms and Other Interactive Site Areas
The Site may contain blogs, forums, bulletin boards or other interactive areas in which you or third parties may post messages, materials, content, or other items on the Site (collectively, the \"Interactive Site Areas\"). If TreeLiving provides such Interactive Site Areas, you are solely responsible for your use of such Interactive Site Areas and use them at your own risk. By way of example, and not as a limitation, you agree that when using any of the Interactive Site Areas, you will not transmit, upload, post, distribute, create, store or otherwise publish any of the following:
(i). Material that is sexually explicit, violent, unlawful, derogatory, libelous, obscene, defamatory, pornographic, lewd, indecent, harassing, threatening, an invasion of another individual\'s privacy or publicity rights, inflammatory, fraudulent, abusive or otherwise objectionable;
(ii). Material that constitutes, encourages or provides instructions for a criminal offense, violates the rights of any group or individual, or that otherwise creates liability or violates any local, state, national or international law;
(iii) Material that promotes illegal drug use, tobacco or firearms use;
(iv) Material that may infringe any trademark, patent, trade secret, copyright or other intellectual or proprietary right of any party;
(v) Material that uses the names or likenesses of persons living or dead without their permission or that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
(vi) Names, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers or other personally identifiable information of you or someone else;
(vii) Corrupted data, viruses or other harmful, destructive or disruptive files;
(viii) Material that communicates messages which are inconsistent with the positive good will and mission of TreeLiving, or
(ix) Material that, in the sole judgment of TreeLiving, is objectionable, or which may expose TreeLiving or its Site users to any harm.
TreeLiving assumes no liability for and takes no responsibility for any User Generated Content stored, posted, or uploaded by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, slander, defamation, libel, falsehoods, omissions, obscenity, pornography or profanity you may encounter. As a provider of the Interactive Site Areas, we are not liable for any representations, statements or User Generated Content provided by its users on this Site. Although Treeliving has no obligation to edit, monitor or screen any of the User Generated Content posted to or distributed through any Interactive Site Area, we reserve the right, and have the sole discretion, to remove without notice any User Generated Content posted or stored on the Site.
d. Comments and Submissions
Anything that you submit or post to the Site and/or provide us, including, without limitation, feedback, reviews, suggestions, comments, ideas and/or questions (collectively, the \"Comments\") is and will be treated as nonconfidential and nonproprietary, and TreeLiving shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to copy, distribute, publish sell, lease, use, display, perform, transmit, adapt, create derivative works from such Comments by any means and in any form, and to modify, disassemble, translate, reverse-engineer, or decompile such Comments. All Comments shall automatically become the sole and exclusive property of TreeLiving and shall not be returned to you. TreeLiving is and shall be under no obligation to (i) pay any fee or other compensation for any Comments nor (ii) respond to any Comments.
You acknowledge and agree that no Comments submitted by you to the Site will violate any right of any third party, including, but not limited to, privacy, copyright, trademark, or other personal or proprietary right(s). You further acknowledge and agree that no Comments submitted by you to the Site will be or contain abusive, libelous or otherwise unlawful or obscene material. You are and shall remain solely responsible for the content of any Comments you make on our Site.
3. Product Display
We have made every effort to display as accurately as possible the colors of our/or third party products that appear at the Site. However, as the actual colors you see will depend on your computer monitor, we cannot guarantee that your monitor\'s display of any color or texture or detail of actual merchandise will be accurate.
4. Product Availability & Pricing
Our products and third party products displayed at the Site are available through our Site while supplies last. In some cases, merchandise displayed for sale on the Site may not be available for immediate purchase and/or shipment. The prices displayed at the Site are quoted in U.S. Dollars and are valid and effective only in the United States.
In the event one of our products (or third party product) is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. TreeLiving shall further have the right to cancel or refuse any such orders whether or not the order has been confirmed and your credit card has already been charged. If your credit card has already been charged for the purchase of such product and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the incorrect price.
5. Links to Other Web Sites and Services
This Site may contain links to outside services and resources. You acknowledge that (i) we are not responsible for the contents of any linked site or any link contained in a linked site, or any updates or changes to such sites; and (ii) we are not responsible for any other form of transmission received from any linked site. TreeLiving is providing these links to you only as a convenience, and the inclusion of any link does not in any way imply endorsement by us of the site. Any concerns you may have regarding any such link should be directed to the particular third party website.
In addition, TreeLiving will accept advertising on our Site. Any dealings that you have with advertisers found on the Site are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.
In connection with your use of our Site, you may be made aware of services, products, offers, and promotions provided by third parties, and not by TreeLiving. If you decide to use or purchase third party services or products, you are responsible for reviewing and understanding the terms and conditions governing any third-party services or products. You agree that the third party, and not Treeliving, is responsible for the performance of the third party services or products.
THIS SITE AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED \"AS IS\" AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, TREELIVING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TREELIVING DOES NOT REPRESENT OR WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE HARMFUL. TREELIVING DOES NOT MAKE ANY WARRANTEES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, RELIABILITY OR OTHERWISE. TREELIVING RESERVES 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. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
7. Limitation of Liability
IN NO EVENT SHALL TREELIVING OR ANY OF OUR AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT RESULT FROM (I) THE USE OF, OR INABILITY TO USE, THE SITE; (II) THE PERFORMANCE OF THE SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE; OR (III) THE CONDUCT OF OTHER USERS OF THE SITE, EVEN IF TREELIVING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE. YOUR ONLY REMEDY AGAINST TREELIVING FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE. THAT SAID, IF TREELIVING IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR ANY CONTENT, TREELIVINGâ€™S LIABILITY SHALL IN NO EVENT EXCEED US$ 50.00. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
You agree to defend, indemnify and hold us harmless from and against any and all damages, claims, costs and expenses, including reasonable attorneys\' fees, arising from or related to your use of the Site or any claim by a third party that your Comments infringe the third party\'s rights.
Unless otherwise specified and except to the extent TreeLiving products are offered for sale in the United States through this Site, this Site and the Contents thereof are displayed solely for the purpose of promoting TreeLivingâ€™s (and third party) products and services available in the United States. This Site is maintained by our webmasters and any questions regarding the operation and maintenance of this Site should be made to info@TreeLiving.com. If any portion of these Term of Use is held to be invalid and unenforceable, the invalid or unenforceable portion shall be modified in accordance with applicable law as nearly as possible to reflect the original intention of the applicable provision, and the remainder of the Term of Use shall remain in full force and effect. The failure of TreeLiving to insist upon or enforce strict performance by you of any provision of these Term of Use shall not be construed as a waiver of any provision or right herein.
10. Choice of Law
These Term of Use shall be construed in accordance with the laws of the State of California, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of California, County of Los Angeles and/or the Central District of California.