Welcome to www.prestonbailey.com (referred to herein as the “Website”), owned and/or operated by Preston Bailey Online, LLC and Preston Bailey Designs, Inc. (individually and collectively referred to in these Terms and Conditions of Use as “PB”, “we”, “our” or “us”).
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. USE OF THIS WEBSITE SIGNIFIES THAT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE, YOU SHOULD NOT USE THIS WEBSITE.
These Terms and Conditions of Use (the “Terms of Use”) may change at any time and such changes will be effective immediately upon posting. You should check these Terms of Use periodically because your continued use of the Website will be deemed acceptance of any modified terms and conditions. If you do not agree to the modified Terms of Use, you should discontinue use of the Website.
Use of this Website
Access, distribution and/or use of this Website is subject to all applicable laws and regulations. To the extent that access, distribution and/or use of this Website would be deemed illegal by applicable law, such access, distribution and/or use is prohibited. By visiting and participating in the activities offered on this Website, you affirm, represent and warrant that: (a) you will abide by these Terms of Use; (b) you do not reside in any country prohibited by law, treaty or administrative act from entering into trade relations with the United States or its citizens; and (c) your use of the Website shall not otherwise violate any applicable law, rule or regulation.
Term
These Terms of Use shall remain in full force and effect while you are a Visitor to the Website. PB may terminate your right to access and/or use this Website at any time and for any reason.
Use of Materials
The entire contents of this Website and all material on this Website, including but not limited to images, text, software, graphics, designs, illustrations, audio and video clips, photographs, logos, and music and sound (collectively referred to as the “Material”), are protected under various intellectual property laws and owned or controlled by PB, or used with permission of the owner(s) of such Material.
PB hereby grants you permission to use the Website as set forth in these Terms of Use, provided that:
(i) your use of the Website is solely for your personal, noncommercial use;
(ii) you will not reproduce or distribute any part of the Website or any Material in any medium without PB’s prior written authorization;
(iii) you will not alter or modify any part of the Website;
(iv) you will otherwise comply with the terms and conditions of these Terms of Use.
Copying, reproduction, uploading, downloading, transmitting or any other use of this Website or of any of the Material, in whole or part, without the express permission of PB, is prohibited. Any unauthorized use of this Website and/or the Materials may subject the user to criminal prosecution and/or civil liability under applicable law.
Without limiting any of the foregoing, images of people, places, objects or otherwise displayed on the Website are either the property of, or used with permission by, PB. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on the Website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
Further, the trademarks, logos and service marks (collectively the “Trademarks”) appearing on the Website are registered and unregistered Trademarks of PB (and/or its affiliates) and others. Nothing contained on the Website or in these Terms of Use should be construed as granting, by implication or otherwise, any license or right to use any of PB’s (or its affiliates’) trademarks, logos or service marks, which may not be used in any manner for any purpose without our express written consent in each instance.
Website Conduct
The Website is intended to be used for lawful purposes only, and only for purposes relevant to the content available through the Website. In connection with your use of the Website, you may not:
• engage in, or encourage or provide instructional materials relating to, any activity on the Website that restricts or inhibits any other Visitor from using or enjoying the Website such as “hacking,” “cracking,” “spoofing,” or defacing any portion of the Website;
• reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Website;
• create a database by systematically downloading and storing Website content;
• frame or mirror any part of the Website without our prior written consent;
• interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available, or violate any requirements, procedures, policies or regulations of such networks;
• impersonate any person or entity, including any representative of PB;
• falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website;
• modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website;
• remove any copyright, trademark or other proprietary rights notice from the Website or materials originating from the Website; or
• otherwise disobey any rules, requirements, procedures or policies set forth in these Terms of Use, or in the Website’s Privacy Policy, or otherwise set forth on the Website.
Privacy
Please see PB’s Privacy Policy for information concerning the collection and use of Personal Information from this Website.
The Website’s Privacy Policy is incorporated into these Terms of Use by reference and is made a part hereof.
Promotions, Sweepstakes and Contests
On occasion, PB or certain advertisers or suppliers to this Website may elect to conduct certain promotions, sweepstakes or contests (collectively, “Promotions”) on or through this Website. Each such Promotion may have specific rules and regulations, which will be made available to users and which shall be deemed incorporated in and become a part of these Terms of Use.
Links From and To Our Website
From time to time, the Website may contain links to other websites that are not controlled and/or maintained by PB. Access to and use of such other websites is at your own risk and subject to any terms and conditions of use which govern such websites. By providing such links, PB shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or their services or products, or any facts, views, advice, information and/or products found on such websites. PB is not responsible for the content contained on any such websites, or for the failure of any product or service offered for sale or advertised on any such websites (including, without limitation, any Preston Bailey-branded products or services offered for sale on such websites) or for any damages that may result therefrom. Copyrights in the materials or information on the linked websites are owned by other organizations. Moreover, such other websites may have privacy policies or terms and conditions of use that differ from those of the Website and/or may provide their users with less security than the Website.
Without limiting the preceding paragraph,, with respect specifically to any third party vendors (“Third Party Vendors”) to whose websites the Website may link, you are solely responsible and liable for your communications and transactions with such Third Party Vendors, and PB is not involved in or responsible for any communications or transactions between you and any Third Party Vendor or any disputes arising therefrom. You agree to release PB, its affiliates, and their respective directors, officers, employees, owners, licensors, agents and successors, from all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any communications, transactions or disputes between you and any Third Party Vendor. We do not endorse any Third Party Vendor, nor do we guarantee the quality of their goods or services, the information that they provide through the Site or the conduct of their respective businesses. We encourage you to conduct your own research and due diligence into the Third Party Vendors.
Without limiting the first paragraph of this section entitled “Links From and To Our Website”, information provided in blogs and other social media or community platforms linked to from the Website may be provided by our staff, special guests or contributors not connected with us. The opinions expressed in such blogs or other similar platforms are not necessarily those of PB, and we are not responsible for the reliability or accuracy of such postings or for information or materials made available in such postings.
Other websites may provide links to the Website with or without our authorization. We do not endorse any such site, and are not and shall not be responsible or liable for any links from any such site to our Website, any content, advertising, products or other materials available on any such sites, or any loss or damages incurred in connection with any such site. We have the right, at any time and in our sole discretion, to block links to the Website through technological or other means without prior notice.
YOU AGREE THAT YOUR USE OF ANY LINKED SITE, INCLUDING BUT NOT LIMITED TO YOUR USE OF ANY CONTENT, INFORMATION, PRODUCTS, SERVICES, ADVERTISING OR OTHER MATERIALS AVAILABLE THROUGH SUCH LINKED SITE, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH LINKED SITE AND SUCH MATERIALS. YOU FURTHER AGREE THAT YOUR USE OF THIRD PARTY VENDORS WHOSE WEBSITES ARE LINKED TO BY THIS WEBSITE IS AT YOUR OWN RISK.
Linking To Our Website
You may not link this Website to any other site without the express written approval of PB. If you are interested in obtaining such approval, please email your request to us at info@prestonbailey.com.
Limitation of Liability and Use Disclaimer
PB endeavors to make sure that all information and data it originates on the Website is accurate and reliable. However, we do not guarantee the reliability or accuracy of any of the information on either this Website or on sites that are linked to this Website and we are not responsible for any damages or loss related to the use of this Website.
THIS WEBSITE, ALL MATERIAL CONTAINED ON THIS WEBSITE, AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT THE WEBSITE, ITS FEATURES AND FUNCTIONS, WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED. THERE ARE NO WARRANTIES REGARDING TITLE, SECURITY, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE WEBSITE OR THE MATERIALS CONTAINED HEREON. ANY INFORMATION CONTAINED WITHIN THIS WEBSITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING. PB RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THE PAGES OF THIS WEBSITE WITHOUT NOTICE AT ANY TIME AND ACCEPTS NO RESPONSIBILITY FOR THESE PAGES NOT BEING AVAILABLE AT ALL TIMES. YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. PB SHALL NOT BE LIABLE FOR ANY ALLEGED DAMAGE OR INJURY, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT AND/OR SPECIAL DAMAGES, THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS WEBSITE OR FROM ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE, EVEN IS PB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
PB MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER FROM ACCESS TO AND/OR USE OF THIS WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF PB’S SECURE SERVER AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON, (IV) ANY INTERRUPTION OF OR CESSATION OF THE WEBSITE, (V) ANY BUGS VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED VIA THE WEBSITE AND/OR BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OF TRANSMITTED INFORMATION OR DATA, OR DAMAGE THAT IS THE RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY OR THROUGH THE WEBSITE.
PB is not responsible for any damages or loss related to your reliance on any outdated version of these Terms of Use, including, but not limited, to any outdated version of our Privacy Policy.
Certain jurisdictions prohibit the limitation of liability for certain types of damages or prohibit waivers against future fraud, and, accordingly, such limitations or waivers may not apply to you. In such jurisdictions, PB’s liability is limited to the greatest extent allowable under applicable law.
Your Responsibilities
You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a back up of all data and/or equipment.
Electronic Communications
Any communication or material you transmit to the Website by electronic mail or otherwise, including, but not limited to, any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by PB and/or its affiliates and/or licensees for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, PB and/or its affiliates and/or licensees are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Website for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products, services and other materials using such information.
U.S. Export Controls
Software from or related to this Website (the “Software”) may be subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. export laws. Without limiting the foregoing, no software from this Website may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. Downloading or using the Software is at your sole risk.
Additional/Different Terms
Certain pages or sections of this Website may contain terms and conditions of use which are in addition to or different from these Terms of Use. In the event that there is a conflict between such additional or different terms and conditions of use and these Terms of Use, the additional or different terms and conditions of use will govern with respect to the specific pages or sections to which they apply.
Acquisition of Business
In the event that PB is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that this Website, all data collected on this Website, and all of PB’s rights hereunder may be included in the assets of, and/or transferred pursuant to, such transaction. If that occurs, PB will post a notice to such effect on this Website.
Indemnity
You will indemnify PB, and each of its parent, subsidiary and affiliated entities, officers, directors, members, employees, representatives, licensees, agents, successors, assignees and partners, from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys fees) relating to, or arising from or in connection with: (i) your breach or alleged breach of any of your representations and/or warranties set forth in these Terms of Use; (ii) your use of the Website; and/or (ii) any violation of these Terms of Use. You agree that your representations and warranties, and your obligation to indemnify PB, shall survive beyond any term that these Terms of Use are in effect.
Miscellaneous
Use of this Website and these Terms of Uses shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions. In the event that any portion of these Terms of Use is deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, in any jurisdiction for any reason, including but not limited to the scope, duration or area of its applicability, unless narrowed by construction, such provision shall for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable provision had been more narrowly drawn so as not to be invalid, prohibited or unenforceable (or if such language cannot be drawn narrowly enough, the tribunal making any such determination shall have the power to modify, to the extent necessary to make such provision or provisions enforceable in such jurisdiction, such scope, duration or area or all of them, and such provision shall then be applicable in such modified form in such jurisdiction). If, notwithstanding the foregoing, any such provision would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such provision, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions. No narrowed construction, modification or invalidation of any provision shall affect the construction, validity or enforceability of such provision in any other jurisdiction. No waiver by PB of any term or condition of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and PB’s failure to assert any right or demand compliance with any provision of these Terms of Use shall not be deemed to constitute a waiver of any such right or provision. Any dispute concerning your use of this Website shall be submitted to binding arbitration in New York within one (1) year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association. To the fullest extent permitted by law, no arbitration brought pursuant to these Terms of Use shall be joined to any other arbitration initiated pursuant to these Terms of Use.
Notwithstanding anything to the contrary set forth in these Terms of Use, PB may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of New York, in the event that PB believes that there is a violation, or a threatened violation, of any of PB’s intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.
Contact Us
If you have any questions concerning this Website or any of the policies set forth in these Terms of Use, please contact us at:
Preston Bailey Online, LLC/Preston Bailey Designs, Inc.
147 W. 25th Street
11th Floor
New York City, NY 10001
info@prestonbailey.com
Effective Date: October 14, 2009
Last updated: October 14, 2009
