Last Updated: July 20, 2021
- copy, reproduce, republish, reuse, upload, post, display, perform, transmit, stream, broadcast or distribute any Content presented in or provided by the Services, including for public or commercial purposes;
- rent, lease, sublicense, loan, distribute, time-share, or translate the Services in any way;
- make alterations to, or modifications of, the whole or any part of the Services, or permit the Services or any part of the Services to be combined with, or become incorporated in, any other programs;
- disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Services;
- sell, resell, or exploit the Services in whole or in part (including object and source code), in any form to any person;
- remove any copyright, trademark or other proprietary rights notices from the Services;
- bypass, circumvent, damage or otherwise interfere with any security or other features of the Site designed to control the manner in which the Services are used, or otherwise access or use the Services in a manner inconsistent with individual human usage;
- copy, scrape, harvest or mine any Content;
- use, display, mirror, frame or utilize framing techniques to enclose the Services, including any Content available on or through the Services, or any portion thereof, through any other application or website, unless and solely to the extent we make available the means for embedding any part of the Services or Content;
- access, tamper with, or use non-public areas of the Services, our (and our hosting company’s) computer systems and infrastructure, or the technical delivery systems of our providers;
- harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including our employees and other users;
- provide any false personal information to us or any other user, or create a false identity or impersonate another person in any way;
- create a new account with us, without our express written consent, if we have previously disabled an account of yours;
- solicit, or attempt to solicit, personal information from other users;
- use the Services to communicate or facilitate any commercial advertisement or solicitation;
- gain or attempt to gain unauthorized access to the Services, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Services;
- post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or any other aspect of the Services or equipment and computers connected to the Services;
- assist or permit any persons in engaging in any of the activities describe above.
ROOMS BY RIVOLI – REGISTRATION AND ELIGIBILITY
Anyone may browse the public-facing pages of the Site, but to access and receive the Rooms by Rivoli Services, including the curated room designs and our tips and tricks for designing your room, you must register as a client (“Registered Client”) and pay the Fee (defined below).
When you register and purchase your design, you must provide your phone number, email address, name and password. You will then receive your selected room design and have access to the Rooms by Rivoli Services and all that it offers.
Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party person (“Third Parties”). As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Services and to preserve the confidentiality of your username and password, and any device that you use to access the Services. You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a Third Party, you agree to immediately notify us by e-mail at firstname.lastname@example.org. You will be solely responsible for the losses incurred by us and others due to any unauthorized use of your account.
THIRD PARTY WEBSITES AND CONTENT
The Services may contain links to external websites or other applications (“Third Party Sites”) of Third Parties. We exercise no control over these Third Party Sites, and we are not responsible for, and do not endorse or monitor, their content, advertising or other services or materials available on such Third Party Sites, including their privacy policies and terms and conditions. You should carefully review the terms and conditions and privacy policies of all Third Party Sites that you visit. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through such Third Party Sites.
You also understand that by using the Services, you may encounter data, information, applications, materials and other content from Third Parties (collectively, “Third Party Materials”) that may be offensive, indecent, or objectionable. Nevertheless, you agree to use the Services at your sole risk and that we shall not have any liability to you for any Third Party Materials that may be found to be offensive, indecent, or that is inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality or otherwise objectionable. You use the Services, and rely upon any Third Party Materials accessible through the Services, at your sole risk.
You may incur fees from Third‑Party vendors (“Vendors”) through use of the Services, such as fees charged by Vendors for the furniture or other products suggested in connection with the Rooms by Rivoli Services. In addition, you may be subject to Vendor terms, such as Vendors’ warranties and return policies. You acknowledge and agree that you are solely responsible for all such Vendor fees, and you agree to pay all such fees and abide by all such terms.
In addition, Content and Third Party Materials that may be accessed from, displayed on or linked to your device are not available in all languages or in all countries. We make no representation that the Services, Content, or any Third Party services, or Third Party Materials are appropriate or available for use in any particular location. To the extent you choose to access such services or materials, you do so at your own initiative and are responsible for compliance with any and all applicable laws.
CONTENT YOU SUBMIT; LICENSE GRANTS FROM YOU.
If you are a Registered Client, you may be able to create, post, or share content, such as messages, comments, or pictures of your space, floor plans and household objects, on or through the Services (“Your Content”) with us. Your Content may be made public, so do not upload any confidential content. We claim no ownership or control over Your Content. You or a Third-Party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of Your Content that you post on or through the Services. You are responsible for protecting those rights.
Because we do not control Your Content or Third Party Materials, we cannot and do not warrant or guarantee the truthfulness, integrity, suitability, or quality of Your Content or Third Party Materials. We have the right (but do not assume the obligation) to: (a) monitor all Third Party Materials; (b) remove or block any Third Party Materials at any time without notice at our sole and absolute discretion; (c) disclose any Third Party Materials and the identity of the user who posted it in response to a subpoena or whenever we believe that disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect our rights or the rights of others, or to enforce these terms; and (d) terminate your access to and use of the Services, or to modify, edit or block your transmissions thereto, for any reason and in our sole discretion. You agree that our exercise of such discretion shall not render us the owners of Your Content or Third Party Materials you post, and that you will retain ownership thereof as described above.
Your Content cannot be unlawful, harmful, hateful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, pornographic, profane, racially disparaging, indecent, or invasive of another’s privacy.
By creating, posting, or sharing Your Content on or through the Services you grant us a worldwide, nonexclusive, sublicensable, royalty-free, fully paid, transferable, perpetual, irrevocable license to use, modify, remove, publish, transmit, or display Your Content and After Images in any and all media or form of communication now existing or hereinafter developed in order to operate our business, and to provide Services, including, without limitation, (a) facilitate a design or recommended product list for the Client (b) advertise and promote the Services, and (c) with regard to After Images only, for any lawful business purpose.
The fees to be charged to Registered Clients for the Services or products purchased (“Fees”) will be set forth during the ordering process for the Services or products that you purchase through the Site. The Fees for Rooms by Rivoli Services are due and payable in advance of your access to or use of the Rooms by Rivoli Services and, if purchased, Consulting Services (defined below).
The Services currently use Third Parties to process payments. Our Third-Party payment processors accept payments through various credit cards, as detailed on the applicable payment screen. All monetary transactions on the Services take place in U.S. Dollars. When you use the Services to place an order for products from us directly, you authorize the purchase and delivery of the products. You agree that we will obtain a temporary pre-authorization of your credit card to cover the cost of the products or services you have purchased from us, along with any estimated taxes, fees, and shipping costs. Your credit card statement will reflect the final total amount charged to you upon order completion. Payment for products or services purchased directly from Vendors will be made to Vendors pursuant to their own payment policies.
The Fees are exclusive of tax. You are responsible for determining and paying the appropriate government taxes, fees, and service charges resulting from a transaction occurring through the Services, except for taxes on our income on the Fees. We are not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or service charges, except as may otherwise be required by law.
RETURNS AND EXCHANGES
Rooms by Rivoli Services. We do not offer refunds or exchanges on any products or services ordered directly from us in connection with our Rooms by Rivoli Services. The Rooms by Rivoli Services are tailored to the information provided by you, so you are responsible for the decisions you make when ordering products or services from us through the Rooms by Rivoli Services.
Rugs. We want you to be happy with your rug purchase. If there is a problem with your rug ordered through our Shop services, please email us at email@example.com. If your rug is not suitable, please complete the return information form [hyperlink to form]. We will review it and, if approved, send you a return authorization form (RAF). Refunds and exchanges must be made within 15 days of your rug arriving.
Please follow the instructions in your RAF. This will make returning or exchanging your rug as seamless as possible. After we receive your return, we will inspect the rug and process the return or exchange. You are responsible for shipping costs, which are non-refundable. If you receive a refund, the cost of return shipping incurred by us will be deducted from any refund or credit issued.
Shipping times will vary depending on your location. When shipping a rug for return or exchange, you are responsible for any loss or damage before we receive it. You should consider using a trackable shipping service or purchasing shipping insurance as we do not guarantee that we will receive your returned item.
If the rug is returned soiled or damaged, we may charge you a cleaning, repair or restocking fee. We also reserve the right to deny a refund or exchange. Reasons for such denial include: returns without an RAF; returns not made within the 15-day return period; returns of rugs irreparably soiled or damaged; or returns of rugs marked “Final Sale”.
Vintage Décor. Vintage Décor items are non-refundable.
Artwork. Artwork items are non-refundable.
Vendor Purchases. Products and services ordered from Vendors are subject to each such Vendors’ return and refund policies and you agree that we are not responsible for any products or services you purchased from Vendors, including any return or refund obligations or any liability or damages caused in any way by Vendor products or services.
ADDITIONAL SERVICES FROM US
In connection with room designs you purchased through the Rooms by Rivoli Services, we offer consulting services (“Consulting Services”) with Kristen Rivoli to assist you with the design process. Consulting Services are offered on a thirty‑minute basis and must be paid for in advance of the consultation. You have no obligation to purchase Consulting Services.
CONSENT TO USE OF DATA
No part of the Services is directed to persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICES AT ANY TIME OR IN ANY MANNER. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Services.
We appreciate hearing from our users and welcome your comments regarding the Services Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (“Creative Ideas”) we will: (a) own, exclusively, all now known or later discovered rights to the Creative Ideas; (b) not be subject to any obligation of confidentiality and will not be liable for any use or disclosure of any Creative Ideas; and (c) be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
CONSEQUENCES OF VIOLATING THESE TERMS
LIMITATION OF LIABILITY
We may change, suspend, or discontinue any aspect of the Services at any time, including hours of operation or availability of the Services or any feature, without notice or liability.
WE ARE NOT AFFILIATED WITH ANY VENDORS. YOU ASSUME ALL RISK ASSOCIATED WITH DEALING WITH VENDORS AND OTHER THIRD PARTIES. YOU AGREE TO RESOLVE DISPUTES DIRECTLY WITH THE OTHER PARTY. YOU AGREE NOT TO INVOLVE US IN SUCH DISPUTES. YOU AGREE NOT TO HOLD THE RELEASED PARTIES LIABLE FOR ANY INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SERVICES AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, SUITS, CLAIMS, OR CONTROVERSIES THAT ARISE OR RELATED IN ANY WAY TO THE SERVICES OR THE PRODUCTS AND INFORMATION PROVIDED THROUGH THE SERVICES AND YOU IRREVOCABLY RELEASE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICES; (v) YOUR RELIANCE ON CONTENT OR DATA MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR YOUR USE OF CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU HAVE PAID TO US AND (B) $100.
“RELEASED PARTIES” INCLUDE THE COMPANY AND ITS AFFILIATES, AND ITS AND THEIR MANAGERS, OFFICERS, EMPLOYEES, MEMBERS, PARTNERS AGENTS AND LICENSORS.
We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Services, including designs. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a Third-Party or the quality or nature of Third-Party products or services obtained through the Services.
We make no promises and disclaim all liability of specific results from the use of the Services.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK, AND THE SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO VENDOR PRODUCTS OR SERVICES, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, INCLUDING DATA, WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS, DATA OR SERVICES AVAILABLE THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND, (iv) ANY ERRORS IN THE SERVICES WILL BE CORRECTED; AND (C) ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
We respect the intellectual property of others. If you believe that your work has been copied in a 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 of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail 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; and
- 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.
APPLICABLE LAW; DISPUTES
The titles of the sections of this Agreement are for convenience of reference only and are not to be considered in construing this Agreement. Unless the context of this Agreement clearly requires otherwise: (a) ”or” has the inclusive meaning frequently identified with the phrase “and/or;” (b) the words “include”, “including”, “such as” and similar expressions are not used, nor are intended to be interpreted, as words of limitation; and (c) any reference to “persons” includes natural persons, firms, partnerships, companies, corporations, associations, organizations, governments, states, foundations and trusts (in each case whether or not having separate legal personality).
Kristen Rivoli Interior Design, LLC
540 Main St., Suite 6
Winchester, MA 01890