Last Updated: August 28, 2013
The contents of the Sites are: ©2021 Val’s Home Decor. All rights reserved. The Sites contain copyrighted materials, trademarks, service marks, logos, trade dress and other proprietary content, including but not limited to text, software, sound, photographs, buttons, images, video and graphics (the “Content”), and the entire selection, coordination, arrangement and “look and feel” of each Site and the Content are copyrighted as a collective work under United States copyright laws (collectively, “Intellectual Property Rights”). You are only permitted to use the Content as expressly authorized herein or in writing by Val’s Home Decor. Neither these Terms nor your use of the Sites transfers any right, title or interest in the Sites or the Content to you, and Val’s Home Decor and its third party licensors retain all of its and their respective Intellectual Property Rights in and to the Sites and Content.
You may not use the Sites or Content for any purpose that is unlawful or prohibited by these Terms. By using the Sites, including all Content and services available through it, you agree that you shall not:
delete, modify, hack or attempt to change or alter any of the Content on the Sites;
use any device, software or routine intended to damage or otherwise interfere with the proper
functioning of the Sites or servers or networks connected to the Sites, or take any other action
that interferes with other parties’ use of the Sites;
use any robot, spider or other automatic or manual device or process for the purpose of
harvesting or compiling information on the Sites for purposes other than for a generally available
use any Val’s Home Decor names, service marks, or trademarks without our prior written
consent, including without limitation as metatags, search engine keywords, or hidden text;
use any material or information, including images or photographs, which are made available
through the Sites in any manner that infringes any copyright, trademark, patent, trade secret or
other proprietary right of any party;
upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files,
or any other similar software or programs that may damage the operation of another’s computer
or property of another;
create a false identity for the purpose of misleading others;
provide false information on your account registration form, or impersonate someone else;
publish, post, upload, distribute or disseminate any inappropriate, profane, obscene, indecent or
unlawful topic, name, material or information; or
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of any third party.
Except as indicated to the contrary elsewhere on the Sites, you may view, copy, retransmit and print the Content available on the Sites subject to the following conditions:
the Content is used solely for personal, non-commercial informational purposes;
the Content is not provided, sold, licensed or leased (nor is access provided to the Content) for
any fee or other consideration;
all copyright, trademark and other proprietary rights notices included in the Content as
presented on the relevant Site appear on all copies;
the Content is not modified or altered in any way; and
no graphics are used separately from accompanying text.
You are not allowed to upload, post or transmit any message, data, code or software that would violate the proprietary rights of Val’s Home Decor or others, including unauthorized copyrighted text, images or programs, trade secrets or other confidential proprietary information, or any trademarks or service marks used in an infringing fashion. You agree that your User Submission(s) will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right.
You are not allowed to post photos or video of any third party without their express permission. By uploading, transmitting or posting any User Submission on the Sites or Forums, you warrant that you have express permission from all persons appearing in the media.
Val’s Home Decor has no obligation to monitor any Forums on the Sites. However, Val’s Home Decor reserves the right to review, modify, distribute, remove or delete any User Submissions posted in the Forums, without notice and in its sole discretion. Val’s Home Decor reserves the right at all times to disclose any information as Val’s Home Decor deems necessary to satisfy any applicable law,regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Val’s Home Decor sole discretion.
MODIFICATIONS TO TERMS
Val’s Home Decor may change, modify, add and/or delete portions of these Terms from time to time by posting updated Terms on the Sites, which shall apply to your use of the Sites after such changes, modifications, additions and/or deletions have been posted and made effective. Please review these Terms periodically for any updates or changes. Your continued use of the Sites following the posting of any updates, additions, deletions and/or changes to these Terms means that you accept and agree to such updates and changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your only recourse is to immediately terminate use of the Sites. Sections 1-7 and 9-21 of these Terms shall survive any such termination.
a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed;
Identification of the copyrighted work alleged to have been infringed; a description of the material that is claimed to be infringing and information sufficient to locate the material on the applicable Site; information sufficient to contact the complaining party, such as
a physical address, telephone number, and, if available, an electronic mail address;
a statement that the complaining party has a good faith belief that the use of the material in themanner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf.
If material is believed in good faith by Kirkland’s to infringe a copyright or otherwise violate any intellectual property rights, Kirkland’s will remove or disable access to any such material.
TYPOGRAPHICAL ERRORS; COLORS
Our goal is to provide complete, accurate, and up-to-date information on our Sites.
Unfortunately, it is not possible to ensure that any web site is completely free of human or technological errors. The Sites 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. Kirkland’s therefore reserves 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 sincerely apologize for any inconvenience this may cause.
You hereby grant to Val’s Home Decor a perpetual, irrevocable, royalty-free, worldwide, nonexclusive license to publish, reproduce, display, perform, distribute, adapt, edit, modify, translate, create derivative works based upon, and otherwise use and sublicense your Instagram or social media photograph(s) and content that you tagged with #Valshomedecor or that have otherwise been mutually agreed upon between you and Val’s Home Decor (“Your Content”), or any portion of your Content, in any manner in Val’s Home Decor sole discretion, including but
not limited to on its webpages and social media or in its marketing and advertising materials. You hereby represent and warrant that: (a) you own all rights in and to Your Content; (b) you have permission to grant the rights herein from any person(s) appearing in your Photos and any
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SITES AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE SITE, ARE PROVIDED ON AN “AS IS, WHERE IS” AND “AS AVAILABLE” BASIS, WITH ALL
FAULTS. Val’s Home Decor EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. Val’s Home Decor MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THE SITES WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL
BE UP-TO-DATE, COMPLETE, COMPREHENSIVE OR ACCURATE; OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITES WILL MEET YOUR EXPECTATIONS.