Terms and Conditions
These General Terms and Conditions of Use (“Terms”) are entered by and between you and INDIGO LAGOON DESIGNS. In consideration of your use of and access to this website (the “Site”) indigolagoondesigns.com, the promises and obligations herein, is intended to be legally bound; you and INDIGO LAGOON DESIGNS hereby agree as follows:
Agreement to Terms
INDIGO LAGOON DESIGNS shall have the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including but not limited to posting the revised or additional terms and conditions on the Site. You should check these terms and conditions periodically for any modification to these Terms. By using our Site after we post changes to these Terms, you agree to accept those changes, whether or not you actually reviewed them. No modification to these Terms by any party other than you shall be enforceable against INDIGO LAGOON DESIGNS unless expressly agreed to by writing.
These Terms and the information provided in our Site do not modify or supersede the terms and conditions of your purchase of any product or service, except as specifically provided herein. To the extent, any area within our Site contains specific terms and conditions concerning its use (“Specific Terms”), those Specific Terms are in addition to these Terms. To the extent there is a direct conflict between these Terms and the Specific Terms, the Specific Terms shall prevail.
Discontinued Operation of our Site
INDIGO LAGOON DESIGNS shall also have the right without notice and at any time, and for any reason to discontinue operation of our Site. Any portion thereof, or any products or services offered through our Site
or to terminate your right to access or use the Site or any portion thereof or your account, including for any conduct that we in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user or INDIGO LAGOON DESIGNS or its suppliers.
You must be at least 13 years old to use our Site, with the permission and involvement of a parent or guardian.
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided on the Site, as well as the selection, assembly and arrangement thereof, are referred to collectively as the “Content.”
The Content may contain errors, omissions, or typographical errors or may be out of date. INDIGO LAGOON DESIGNS may change, delete, or update any Content at any time without prior notice. The Contents are for informational purposes only and is not binding on INDIGO LAGOON DESIGNS in any way; except to the extent of its specific indicated to be so.
Unless otherwise noted, all Content are protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by INDIGO LAGOON DESIGNS or by third parties that have licensed their use to INDIGO LAGOON DESIGNS. You may view and use the Content only for your personal information and for shopping and ordering on the Site, and for no other purpose. You may not otherwise use, reproduce, copy, modify, transmit, display, publish, sell, license, publicly perform, distribute or commercially exploit any of the Content. You may not use data mining, robots, or similar data gathering and extraction tools at our Site. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of INDIGO LAGOON DESIGNS or its suppliers without our express, written consent. You may not use any Meta tags or any other “hidden text” utilizing our name or trademarks without our express, written consent. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by BHW prohibited.
Notice and Procedure for Making Claims of Intellectual Property Infringement
If you believe that your rights under international copyright laws were compromised, any content posted on or transmitted through our site; or items advertised on our site, please contact us immediately so that we may investigate the situation. If appropriate, block or remove the offending content and/or advertisements.
It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to the site. In order to investigate your claim of infringement, you must provide the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.
A description of the copyrighted work or other intellectual property that you believe has been infringed.
A description of where the material that you claim is infringing is located or identified on the Site, Your name, address, telephone number, and e-mail address.
A statement by you, that you have a good faith belief that the copyright or intellectual property owner, its agent, or the law does not authorize the disputed use.
A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.
The above information will have to provide INDIGO LAGOON DESIGNS’s agent with a notice of claims of copyright or other intellectual property infringement. Please use the following contact information:
Any Submissions made by you:
You may not post on or transmit through the Site any of the following:
unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable content of any kind; including but not limited to any content that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law.
In the event INDIGO LAGOON DESIGNS is aware of such content provided by you, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such content from our site. We may disclose any content or electronic communication of any kind (I) to satisfy any law, regulation, or government request; (II) if such disclosure is necessary or appropriate to operate the site or our business; or (III) to protect the rights or property of INDIGO LAGOON DESIGNS, its suppliers, you or other users of the site.
You may upload to or otherwise submit to our site only this content:
(A) that is not subject to any copyright or other proprietary rights restrictions
(B) With respect to which the owner or licensor has given express authorization for BHW to distribute over the Internet
(C) That does not contain any material that may damage, interfere with, intercept or expropriate any system, data or personal information. Any copyrighted or other proprietary content distributed with the consent of a copyright owner should contain a phrase such as “Copyright, owned by [name of owner]; used by permission.”
Any unauthorized submission of copyrighted or other proprietary Content is illegal and could subject you to civil and criminal liability. You will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from an unauthorized submission or submission of any material prohibited by these Terms.
Any communication or material you transmit to our Site by electronic mail or otherwise:
Including any photos, videos, stories, questions, comments, suggestions, is and will be treated as non-confidential and non-proprietary and may be used by INDIGO LAGOON DESIGNS, its vendors, or their affiliates or related entities for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, INDIGO LAGOON DESIGNS, INDIGO LAGOON DESIGNS’s suppliers, and their affiliates and related entities are free to use any ideas, concepts, knowledge, or techniques contained in any communication you send to the Site for any purpose whatsoever; including, but not limited to, developing, manufacturing, and marketing products or services using information contained in such communication.
Linked Third Party Sites
Links to other websites operated by third parties, including INDIGO LAGOON DESIGNS’s suppliers and vendors, do not constitute sponsorship, endorsement, or approval by of the content, policies, or practices of such linked sites.
All Linked websites are not operated, controlled, or maintained by INDIGO LAGOON DESIGNS. INDIGO LAGOON DESIGNS is not responsible for the availability, content, security, policies, or practices of linked websites, including without limitation privacy policies and practices.
Links to other websites, for your convenience and you access them at your own risk.
Disclaimer and Limitation of Liability as to the Site and Content.
INDIGO LAGOON DESIGNS and its suppliers make no warranties or representations whatsoever with respect to the site or any linked site or its content, including the availability of any site or the content, information and materials on it or the accuracy, completeness, or timeliness of that content, information and materials.
INDIGO LAGOON DESIGNS and its suppliers also do not warrant or represent your access to or use of our site or any linked site will be uninterrupted or free of errors or omissions, or that our site or any linked site is free of computer viruses or other harmful components.
Without limiting the foregoing, all content provided on the site is provided to users “as is,” with no warranty of any kind, either expressed or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy.
The “as is” condition of content is a condition of any transaction arising through or, because of the site. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Under no circumstances shall INDIGO LAGOON DESIGNS its suppliers or their respective directors, officers, employees or agents be liable to you or to any third party for any direct, indirect, consequential, incidental, special, or punitive damages.
In contract or in tort, including negligence, arising in any way out of access to, use of, or inability to access or use our site or any linked site or its contents. This includes but not limited to lost profits, business interruption, or loss of programs or other data on computer systems or otherwise. Even if INDIGO LAGOON DESIGNS is expressly advised of the possibility of such damages.
Disclaimer and Limitation of Liability as to Products and Services.
INDIGO LAGOON DESIGNS and its suppliers expressly disclaim all implied warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose with respect to products and services offered on the site. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
While INDIGO LAGOON DESIGNS takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we are not responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your personal information.
Under no circumstances shall INDIGO LAGOON DESIGNS its suppliers or their respective directors, officers, employees or agents be liable to you or to any third party for any of the following:
Indirect, consequential, incidental, special, or punitive damages, including but not limited to lost profits and business interruption, whether in contract or in tort, including negligence, arising in any way from any product or service sold or provided on the site, even if INDIGO LAGOON DESIGNS or its suppliers are expressly advised of the possibility of such damages.
In no event shall the liability of INDIGO LAGOON DESIGNS or its suppliers exceed the price you paid for the product or service that is the subject of the claim.
You agree to defend, indemnify, and hold harmless INDIGO LAGOON DESIGNS, INDIGO LAGOON DESIGNS’s suppliers and vendors, and their respective affiliates, related entities and their respective directors, officers, employees, and agents from and against all of the following:
Claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Terms or your access to or use of the Site and any product or service provided to you arising out of or relating to your use of the Site. The foregoing indemnification obligation shall survive termination of these Terms and the Site.
Registration, Customer Accounts, Use of Site
Certain services offered on or through the Site require you to first open an account. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account.
You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. Any loss incurred by us or any other user of the Site due to someone else using your password or customer account, will result in accountability.
You may not use anyone else’s password or customer account. You may not attempt to gain unauthorized access to the Site, and if you attempt to do so, or assist others in making such attempts, then we may terminate your account. You agree to provide us with accurate information about yourself and your billing information as prompted by the registration process, and update that information to keep it current. You may update any of your account information by clicking on the My Account button, logging in to your account and selecting My Profile.
You may not use any automatic device, program, technology, or any equivalent manual process, to access the following:
acquire, copy, probe, test or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of our Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionate load on the infrastructure of the Site.