TERMS

TERMS OF USE

Welcome to FURFIN, an integrated online magazine and interiors library devoted to connecting designers and architects with product manufacturers in a unique but simple way. By accessing or using the FURFIN service and network (collectively, "FURFIN" or "the Service") at www.furfin.com (the "Site"), you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement").

FURFIN reserves the right, at its sole discretion, to change, modify, add, or delete portions of this Agreement at any time, which shall become effective immediately upon posting. It is your responsibility to review this Agreement prior to accessing or using the Site or the Service. Your continued access or use of the Site or the Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not access or use, or continue to access or use, the Site or the Service.

PRIVACY

All personal information we collect from you is subject to our applicable Privacy Policy. By accessing or using the Site or the Service, you acknowledge and agree to have your personal data transferred to the United States and/or other countries for storage and processing by FURFIN.

ELIGIBILITY

By using the Site or the Service, you represent, warrant and agree that you are of legal age to form a binding contract with FURFIN and are not a person barred from accessing or using the Site or the Service under the laws of the United States or other countries including the country in which you are resident or from which you access or use the Site or the Service, and you agree to abide by all terms and conditions of this Agreement.

SITE CONTENT

All content on the Site and available through the Service, including but not limited to, designs, text, graphics, photographs, information, audio clips, video clips and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of FURFIN or the party credited as the provider of the Site Content with all rights reserved.

The Site Content is protected by copyright pursuant to U.S. and international copyright laws. No Site Content may be used, modified, copied, distributed, framed, reproduced, reformatted, republished, translated, excerpted (in whole or in part), downloaded, scraped, displayed, posted, distributed, transmitted or sold in any form or by any means without prior written permission from FURFIN or the copyright holder identified in the Site Content.

Provided that you are eligible for access and use of the Site and the Service, you are granted a limited license to access and use the Site and the Service to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to this Agreement and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods.

You acknowledge and agree not to access or use the Site or the Service by any means other than through the interface that is provided by FURFIN for accessing or using the Site or the Service. Any access or use of the Site, the Service or the Site Content other than as specifically authorized herein, without the prior written permission of FURFIN or the copyright holder identified in the Content, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and applicable communications regulations and statutes.

Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

USER CONDUCT

You understand that except for the advertising program offered by us on the Site, the Service and the Site are available for your personal, non-commercial access and use only.

You acknowledge and agree not to access or use the Site or the Service to:  harvest or collect email addresses or other contact information from the Site or the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; attempt to gain access to or to use the Site or the Service in any unlawful manner or in any other manner that could damage, disable, overburden, impair or disrupt the performance or functionality of the Site or the Service; use automated means, including but not limited to, scripts, spiders, robots, crawlers, data mining tools, or the like to collect or download information from or otherwise interact with the Site or the Service.

USER CONTENT SUBMISSIONS

You are solely responsible for the content, including but not limited to, designs, text, graphics, photographs, information, audio clips, video clips and other files (collectively the “User Content”) that you submit to FURFIN. You represent, warrant and agree that you own or otherwise have all necessary rights to the User Content that you submit and the rights to provide it under this Agreement; and that you are using your own legal name in association with each submission of User Content.

You acknowledge and agree that no User Content of any kind that you submit to FURFIN will:  violate or infringe on any patent, trademark, trade secret, copyright or other proprietary rights of any third party; impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity; contain unauthorized advertising, solicitations, promotional materials, “affiliate marketing”, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; contain materials that would violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; contain materials that may expose FURFIN or its users to any harm or liability of any type.

You acknowledge and agree that FURFIN may, but is not obligated to, review, edit, modify, publish, display, transmit and use all User Content that you submit to FURFIN, and that you waive any rights you may have in having the User Content altered or changed in a manner not agreeable to you. FURFIN may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of FURFIN violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others.

When you submit User Content to FURFIN, you authorize and direct FURFIN to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site and the Service. By submitting User Content to FURFIN, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, royalty free, transferable, fully paid, worldwide license (with the right to sublicense) to use, modify, copy, distribute, frame, reproduce, reformat, republish, translate, excerpt (in whole or in part), display, post, distribute and transmit such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing.

When you submit User Content to FURFIN, you authorize FURFIN to include the User Content in a searchable format accessible by users of FURFIN; to place advertisements in close proximity to such User Content; and to use your legal name, likeness and any other information you provide in connection with each submission of User Content.

FURFIN does not assert any ownership over your submitted User Content; rather, as between us and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

You acknowledge and agree that you grant FURFIN unrestricted use and dissemination of the the User Content that you submit to FURFIN, for any purpose, commercial or otherwise, without acknowledgement or entitlement to compensation of any kind to you from FURFIN under any circumstances.

USER CONTRIBUTION SUBMISSIONS

By submitting content, including but not limited to, questions, comments, suggestions, ideas, feedback, or proposals about the Site or the Service (collectively the "User Contributions") to FURFIN, you represent, warrant and agree that the User Contributions are not confidential and that you are using your own legal name in association with such User Contributions.

You acknowledge and agree that the User Contributions you submit to FURFIN shall become the sole property of FURFIN. FURFIN shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these User Contributions for any purpose, commercial or otherwise, without acknowledgment or entitlement to compensation of any kind to you from FURFIN under any circumstances.

COPYRIGHT COMPLAINTS

We respect the intellectual property rights of others and we prohibit the submission of any materials that violate another party's intellectual property rights. When we receive proper notification of Alleged Copyright Infringement, we promptly remove the allegedly infringing material. If you believe that any material on the Site or the Service infringes upon any copyright which you own or control, please contact us by using our Contact Form with "copyright complaints" as the subject line.

THIRD PARTY SITES AND CONTENT

The Site and the Service links to other web sites ("Third Party Sites") that contain content, including but not limited to, designs, text, graphics, photographs, information, audio clips, video clips, applications, software and other items (the "Third Party Applications, Software or Content"), that is not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. FURFIN is not responsible or liable for any Third Party Sites or any Third Party Applications, Software or Content accessed or used through the Site or the Service. Linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should direct any concerns regarding Third Party Sites or Third Party Applications, Software or Content to the site administrator or webmaster of such site.

If you operate a Third Party Site and wish to link to the Site, you may not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of FURFIN, including but not limited to, its agents, information providers, affiliates, licensors and licensees, and you agree to cease such link upon request from FURFIN.

DISCLAIMERS

THE SITE AND THE SERVICE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS. FURFIN ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMMISION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, OR COMMUNICATIONS LINE FAILURE. FURFIN IS NOT RESPONSIBLE FOR ANY TECHINCAL MALFUNCTION OR OTHER PROBLEMS OF ANY TELEPHONE NETWORK OR SERVICE, COMPUTER SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, TRAFFIC CONGESTION ON THE INTERNET OR AT ANY SITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USER’S OR TO ANY OTHER PERSON’S COMPUTER OR HARDWARE OR SOFTWARE, RELATED TO USING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB OR IN CONNECTION WITH THE SITE AND THE SERVICE. UNDER NO CIRCUMSTANCES WILL FURFIN BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING ANY LOSS OR DAMAGE TO ANY USER CONTENT OR PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF THE SITE OR THE SERVICE, INCLUDING BUT NOT LIMITED TO, ANY USER CONTENT OR THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT POSTED ON OR THROUGH THE SITE OR THE SERVICE OR TRANSMITTED TO USERS, WETHER ONLINE OR OFFLINE.

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE AND SERVICE ARE AT YOUR SOLE RISK. THE SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FURFIN AND ITS AGENTS, INFORMATION PROVIDERS, AFFILIATES, LINCENSORS AND LICENSEES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURFIN AND ITS  AGENTS, INFORMATION PROVIDERS, AFFILIATES, LINCENSORS AND LICENSEES MAKE NO WARRANTY THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS; THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; THE RESULTS THAT MAY BE OBTAINED FROM THE SITE OR THE SERVICE WILL BE ACCURATE OR RELIABLE; THE QUALITY OF SITE CONTENT OR THE SERVICES INCLUDING BUT NOT LIMITED TO, USER CONTENT OR THIRD PARTY APPLICATIONS, SOFTWARE OR CONTENT POSTED ON THE SITE OR IN CONNECTION WITH THE SERVICE, WILL MEET YOUR EXPECTATIONS; AND ANY ERRORS IN THE SITE OR SERVICE WILL BE CORRECTED.

FURFIN RESERVES THE RIGHT TO CHANGE ANY AND ALL CONTENT, SOFTWARE AND OTHER ITEMS USED OR CONTAINED IN THE SITE AND ANY SERVICES OFFERED THROUGH THE SITE AT ANY TIME WITHOUT NOTICE. REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY FURFIN.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FURFIN OR THROUGH OR FROM THE SITE OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

LIMITATION OF LIABILITY

IN NO EVENT WILL FURFIN OR ITS AGENTS, INFORMATION PROVIDERS, AFFILIATES, LICENSORS, OR LICENSEES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FURFIN IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM:  YOUR ACCESS AND USE OF, OR THE INABILITY TO ACCESS AND USE, THE SITE OR THE SERVICE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICE.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE FURFIN'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND YOU SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM FURFIN, REGARDLESS OF THE CAUSE OF ACTION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

INDEMNITY

You hereby indemnify, defend and hold harmless FURFIN and its agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties"), from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees and court costs, arising out of any breach by you of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. FURFIN reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

SERVICE FEES AND PAYMENTS

FURFIN reserves the right at any time to charge fees for access to portions of the Site or the Service, or the Site or the Service as a whole. However, in no event will you be charged for access to the Site or the Service unless we obtain your prior agreement to pay such charges. Thus, if at any time FURFIN requires a fee for portions of the Site or the Service that are now free, FURFIN will give you advance notice of such fees. All new fees, if any, will be posted on the Site. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to, charges for any products or services offered for sale through the Site or the Service by any other third party vendor or service provider. All fees and charges shall be billed to and paid for by you. You shall pay all applicable taxes relating to use of the Site or the Service through your account.

TERMINATION OF RIGHTS

FURFIN reserves the right, in its sole discretion, to modify, suspend or terminate your access and use of the Site and the Service (or any part thereof) at any time, for any reason, or no reason, and without notice or liability.

You acknowledge and agree that FURFIN shall not be liable to you or any third-party for any modification, suspension or termination of your access to or use of the Site or Service. Furthermore, you acknowledge and agree not to attempt to access or use the Site or Service after said suspension or termination.

TRANSFER OF RIGHTS

FURFIN reserves the right, at any time to transfer rights and obligations under this Agreement to any affiliate, business unit or any entity that acquires FURFIN or any assets of FURFIN.

CHOICE OF LAW AND FORUM

By accessing or using the Site or the Service, you acknowledge and agree that the laws of the State of Kansas, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that might arise between you and FURFIN or any of its subsidiaries or affiliates. You hereby consent and agree to waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Kansas.

STATUTE OF LIMITATIONS

You agree, regardless of any statute or law to the contrary, to file any claim related to this Agreement or to the access or the use of the Site or the Service within six months of the time in which the events giving rise to such claim began, or you agree to waive such claim.

NO CLASS ACTIONS

You acknowledge and agree no claim subject to this Agreement may be brought as a class action.

CONFLICTS

In the case of a conflict between these Terms of Use and our Privacy Policy, these Terms of Use control.

WAIVER AND SEVERABILITY

The failure of FURFIN to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining rights or provisions.

ENTIRE AGREEMENT

These Terms of Use constitute the entire Agreement between you and FURFIN regarding the access and the use of the Site and the Service, superseding any prior agreements between you and FURFIN relating to your access or use of the Site or the Service.

SECTION TITLES

The section titles used in this Agreement are purely for convenience and carry with them no legal or contractual effect.

QUESTIONS

If you have any questions about these Terms Of Use, please contact us by using our Contact Form with "terms of use" as the subject line.