Terms & Conditions
LAST UPDATED: September 7, 2018
Welcome to the Cynthia Ferguson Designs website (the "Website"). Please review the following Terms and Conditions carefully. Your use of the Cynthia Ferguson Designs website constitutes your agreement to follow these Terms and Conditions and to be bound by them (the “Agreement”). Cynthia Ferguson Designs reserves the right to update or modify these Terms and Conditions at any time without prior notice.
PERSONAL INFORMATION SUBMITTED THROUGH THE WEBSITE
You must be at least 13 years old to use the Website. If you are under the age of majority in your state of residence, your parent or legal guardian must agree to these Terms and Conditions on your behalf and you may only access and use the Website with permission from your parent or legal guardian.
LINKS TO OTHER SITES
While visiting our Website, you may link to sites operated by our business partners or other third parties, the links for which are provided solely for your convenience. This does not mean that we endorse these sites, and your activities on them may be governed by terms and conditions as well as privacy policies that differ from our own. We do not make any representations or warranties about any website you may access through the Cynthia Ferguson Designs website. They are independent from us, and we have no control over, or responsibility for, their information or activities.
INTELLECTUAL PROPERTY OWNERSHIP AND USE
Please be aware that as you visit and navigate the Cynthia Ferguson Designs website your use of our site is subject to applicable laws governing ownership and use of intellectual property, including our trademarks, copyrights, text, images, video clips, graphics, logos, icons photographs and/or other intellectual property in such materials (collectively, “the Intellectual Property”). You may not use any of the Cynthia Ferguson Designs Intellectual Property without our prior written permission. Trademarks or trade dress include, but are not limited to, the Cynthia Ferguson Designs name and logos, and other graphics, logos, page headers, button icons, scripts, and service names of Cynthia Ferguson Designs' products, services, and programs. Any other trademarks that appear on our Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
The products, prints, patterns, designs, text, graphics, logos, button icons, images, digital downloads, and data compilations appearing on the Website, as well as the software used to create them, are owned or licensed by Cynthia Ferguson Designs and are protected by US and foreign copyright laws. You may electronically copy and/or print "hard copies" from the Website solely for personal, non-commercial purposes related to placing an order or shopping on the Website. Any other use of any content included on the Website, including linking or framing to this Website, is strictly prohibited unless you first obtain our prior written consent.
If any party or user misappropriates or uses our Intellectual Property without the express written consent of Cynthia Ferguson Designs, Cynthia Ferguson Designs may pursue any and all injunctive, equitable, and monetary damages permitted under the law to protect and enforce its rights. Any and all users of the Website agree that if they use or misappropriate any of our Intellectual Property without our express written consent, Cynthia Ferguson Designsy shall receive legal fees and costs for protecting and enforcing its rights.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
Except for information necessary to place an order, we do not want you to send to us any confidential or proprietary information through this Website. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Cynthia Ferguson Designs employees and agents might seem to be similar to creative works submitted by users. Accordingly, if, at our request, you send certain specific submissions (for example, contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that Cynthia Ferguson Designs has the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead Cynthia Ferguson Designs or third parties as to the origin of any Comments. You are solely responsible for any Comments you make as well as their accuracy. Cynthia Ferguson Designsy takes no responsibility and assumes no liability for any Comments posted by you or any third party.
YOUR RESPONSIBILITIES WHILE USING OUR WEBSITE
You are responsible for your use of the Cynthia Ferguson Designs Website. Harassment in any manner or form on the Website, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a Cynthia Ferguson Designs or other licensed employee, host, or representative as well as other members or visitors on the Website is prohibited. You may not upload to, distribute, or otherwise publish through this site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or organization. You will comply with all applicable laws, treaties, regulations and conventions in connection with your use of the Website, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which Cynthia Ferguson Designs controls and operates the Website and services associated therewith.
ERRORS AND INACCURACIES
We always try to provide complete, accurate, up-to-date information on our Website. Unfortunately, despite those efforts human or technological errors may occur. This Website may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice. We have made every effort to display as accurately as possible the colors of our products that appear on the Website. We cannot guarantee that your computer monitor's display of any color will be accurate.
ALL PRODUCTS AND SERVICES THAT ARE PROVIDED THROUGH THE WEBSITE ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE." TO THE FURTHEST EXTENT PERMITTED BY LAW, CYNTHIA FERGUSON DESIGNS MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO SUCH PRODUCTS OR SERVICES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WHICH CYNTHIA FERGUSON DESIGNS HEREBY EXPRESSLY DISCLAIMS. SERENA & LILY DOES NOT GUARANTEE THAT YOUR ACCESS TO THE WEBSITE WILL BE UNINTERUPTED OR ERROR-FREE, OR THAT INFORMATION OR OTHER CONTENT OBTAINED THROUGH THE WEBSITE WILL BE USEFUL OR THAT IT WILL SATISFY YOUR REQUIREMENTS. WE WILL NOT BE LIABLE FOR ANY DELAY, DOWN TIME, OR OTHER FAILURE OF PERFORMANCE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CYNTHIA FERGUSON DESIGNS, AND IT AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (A) ERRORS, MISTAKES OR INACCURACIES OF CONTENT; (B) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE CYNTHIA FERGUSON DESIGNS WEBSITE; © ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (D) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE WEBSITE OR ANY MOBILE APPLICATIONS; (E) ANY MALWARE, VIRUSES, TROJANS AND THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE WEBSITE OR MOBILE APPLICATIONS BY A THIRD PARTY; OR (F) ANY LOSS OR DAMAGE ARISING OUT OF, OR RELATING TO, THE WEBSITE OR SERENA & LILY'S PRODUCTS OR ANY OTHER PERFORMANCE UNDER, OR PURSUANT TO, THESE TERMS AND CONDITIONS (INCLUDING LIABILITY FOR NEGLIGENCE) EXCEPT FOR THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF SERENA & LILY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CYNTHIA FERGUSON DESIGNS'S LIABILITY OF ANY KIND (A) INCLUDE ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, EVEN IF CYNTHIA FERGUSON DESIGNS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE, OR (B) EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE BASIS FOR THE CLAIM.
You agree not to interfere, disrupt, or attempt to interfere or disrupt the operation of the Website or of the networks connected to the Website, and to abide by all security policies adopted by Serena & Lily. You acknowledge and agree that, for security purposes, Serena & Lily may monitor your account and your access to and use of the Website. Serena & Lily may at any time terminate or suspend your access to the Website as Serena & Lily considers appropriate or necessary in its sole discretion for security reasons, as a result of non-payment, any alleged or suspected breach of these Terms and Conditions, or to protect intellectual property. Serena & Lily may also impose limits on certain features and functions of the Website, or restrict your access to the Website without notice or liability.
You agree to defend, indemnify and hold Serena & Lily harmless from and against any and all claims, damages, costs, losses and expenses (including, without limitation, attorneys' fees and legal costs) of any kind arising from or related to your use of the Website and/or your breach of any representation, warranty, or other provision of the Agreement.
By visiting our Website, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between you and us or any of our affiliates regarding your visit to and use of our Website. Any action relating to the use of the Website or mobile applications must be brought in the state or federal courts located in the County of Marin, California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
Under no circumstances will Serena & Lily be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
If any provision of these Terms and Conditions is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and Conditions and will not affect the enforceability of any other provisions. The failure by us to enforce any right or provision of these Terms and Conditions will not prevent us from enforcing such right or provision in the future. We may assign our rights and obligations under these Terms and Conditions including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.
Serena ∓ Lily respects the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please provide us with the written information specified below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description where the material that you claim is infringing is located on the site;
- 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;
- 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.
In accordance with the Digital Millennium Copyright Act, Serena & Lily has the following designated agent to receive notification of an alleged act of copyright infringement occurring on the Serena & Lily Site:
Serena & Lily, Inc. ATTN: DMCA COPYRIGHT AGENT
10 Liberty Ship Way, Suite 350
Sausalito, California 94965
1.866.597.2742 (toll free)
Please note that this procedure is exclusively for notifying Serena & Lily that you believe your copyrighted material has been infringed.