Terms of Use

Welcome to Casaza! Casaza is a platform for the home — a place where you can be inspired and shop great design, products and services to renovate, rejuvenate, maintain and protect your home.

PLEASE READ THESE TERMS OF USE (“AGREEMENT“) CAREFULLY BEFORE USING THE SERVICES OFFERED BY CASAZA INC. (“COMPANY“). BY VISITING THE WEBSITE OR USING THE SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS.  IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS.  IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU HAVE NO RIGHT TO USE THE WEBSITE OR SERVICES.  USE OF COMPANY’S SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS.

1. Access To Services

The Casaza.com website and domain name and all other websites and domain names affiliated with Company, and any other linked pages, features, content, or application services offered from time to time by Company in connection therewith (collectively, the “Website“) are owned and operated by Company.  Subject to the terms and conditions of this Agreement, Company may offer to provide certain services, as described more fully on the Website, and which are selected by you through the process provided on the Website (together with the Website, “Services“), solely for your own use, and not for the use or benefit of any third party.  The term “Services” shall include, without limitation, any service Company performs for you and the Content (as defined below) offered by Company on the Website.  Company may change, suspend or discontinue the Services at any time, including the availability of any feature, database, or content.  Company may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.  Company reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the Website, or by sending you a notice via email or postal mail.  You shall be responsible for reviewing and becoming familiar with any such modifications.  Your use of the Services following such notification constitutes your acceptance of the terms and conditions of this Agreement as modified.

You must be at least age 18 to use the Services.  By using the Services, you affirm that you are over age 18.  If you are under age 18, you may not access or use the Services.  Company does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register for the Services.  If you are under 18, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address.  No one under age 18 may provide any personal information to Company or on the Services.  In the event that we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible.  If you believe that we might have any information from or about a child under 18, please contact us at [email protected].

You represent and warrant to Company that: (i) you are an individual (i.e., not a corporation) and you are of legal age to form a binding contract, and you are at least 18 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information.  You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services.  This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

2. Website Content

The Website and its contents are intended solely for the personal, non-commercial use of Website users and may only be used in accordance with the terms of this Agreement.  All materials displayed or performed on the Website (including, but not limited to text, graphics, articles, photographs, images, illustrations (also known as the “Content“)) are protected by copyright.  In addition, some User Submissions may be subject to different terms and conditions as selected by the user uploading such Content, and some Content may be subject to different terms and conditions if so indicated on the Website.  You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and shall not use, copy, brand, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, participate in the transfer or sale of, create derivative works based on, or otherwise exploit for any purposes whatsoever any Content, software, materials, Services, or third party submissions or other proprietary rights not owned by you, in whole or in part: (i) without the express prior written consent of the respective owners, or (ii) in any way that violates any third party right.

The Website is protected by copyright as a collective work and/or compilation, pursuant to copyright laws and international conventions.

Certain Content is displayed on the Website pursuant to the Creative Commons Attribution – NonCommercial-ShareAlike license.  Under this license, reuse and sharing of such Content is allowed, subject to the requirements under such license, which you can find at http://creativecommons.org/licenses/by-nc-sa/3.0/.  You may only use Content under such license that is clearly indicated to be governed by such license.  Please contact us if you have any questions.

User Submissions

In the course of using the Services, you and other users may provide information which may be used by Company in connection with the Services and which may be visible to certain other users.  You understand that by posting information or content on the Website or otherwise providing content, materials or information to Company or in connection with the Services (collectively, “User Submissions“), Company shall automatically have, and is hereby granted a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sublicensable and transferable right to fully exploit such User Submissions (including all related intellectual property rights) and to allow others to do so (the “Company License“).  For the avoidance of doubt, the Company License permits the Company to (among other things) copy, reformat, modify, create derivative works of, excerpt, translate, display, perform and distribute any User Submissions submitted by you.  However, except for information you post in a publicly accessible manner or authorize the Company to share publicly, Company will only share your personally identifiable information in accordance with Company’s current Privacy Policy.

In addition to the Company License (but subject to the next sentence regarding Optional License Terms), you also shall and hereby do directly grant each user of the Services a non-exclusive license to access your User Submissions through the Services, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Services (the “User License“).  Notwithstanding the User License above (but without in any way affecting or limiting the Company License or Company’s right to sublicense), when you post certain User Submissions (such as certain photographs or images uploaded by certain methods), the Service MAY permit you to choose to limit the User License for those User Submissions to terms different from those specified above in this paragraph (the “Optional License Terms“); your ability to limit the User License to Optional License Terms is available only when and to the extent the Services expressly and conspicuously permit you to do so.

You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any content.  You understand that Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Services.  Additionally, Company cannot guarantee the authenticity of any data which users may provide about themselves.  You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.

Social Media Tag Usage

By using #CasazaAtHome, @CasazaHome and any other similar social media tag in any way related to any of the sites, each user agrees to provide Company with an unrestricted, irrevocable, royalty-free, perpetual, fully paid-up, transferable, worldwide license to use the uploaded content in any and all marketing materials, on sponsor’s websites, and through all social media channels. Each user represents and warrants that uploaded images do not infringe the intellectual property rights of any third party, including, but not limited to, copyrights and trademark rights. 

3. Your Warranty

You warrant, represent and agree that you will not contribute any Content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party, including without limitation rights held by structure owners or the creators of artworks portrayed in the Content; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable; (iv) involves commercial activities and/or sales without Company’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including without limitation any employee or representative of Company; or (vi) contains a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program.  Company reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have breached the immediately preceding sentence), or for no reason at all.  You, not Company, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to Company and to grant Company the rights to use such information in connection with the Services and as otherwise provided herein.

Company does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein.  Company reserves the right but is not obligated to monitor User Submissions or other content sent to or through the Website.  Company has the right to refuse, remove, edit or delete any User Submissions and/or to terminate any user’s access to the Website for any reason. Company assumes no responsibility for User Submissions.

4. Restrictions

You are responsible for all of your activity in connection with the Services.  Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services.  You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Company user.  Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or brand illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited.  You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure.  Further, the use of manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website is strictly prohibited.  You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services.  You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.

5. Sales Tax

The amount of tax charged on your order depends on many factors including the identity of the seller, type of item or service purchased, the time and location of fulfillment, and the shipment or delivery address of your order.  These factors can change between the time you place an order and when its delivery is completed.  As a result, the tax calculated on your order may change; therefore, “Estimated Tax” is displayed at Check Out when confirming an order.  The amounts displayed as estimated tax may then be updated later when your order is finalized and completed.

The tax rate applied to your order will be the combined state and local rates of the address where your order is delivered to or fulfilled from.  However, the destination of your order’s delivery will often determine if tax is applicable.  For example, if you live in a state that does not impose a sales tax, you may still see tax calculated on your order if shipped to another state.  Moreover, the tax rates applied to your order may also be different for a variety of reasons, such as a shipment to a residential home versus a business address.  No tax is charged when purchasing gift cards; however, purchases paid for with gift cards may be subject to tax.

Items sold by Company that are shipped to destinations in the following states and US territories may be subject to tax:

·       Alabama
·       Arizona
·       Arkansas
·       California
·       Colorado
·       Connecticut
·       District of Columbia
·       Florida
·       Georgia
·       Hawaii
·       Idaho
·       Illinois
·       Indiana
·       Iowa
·       Kansas
·       Kentucky
·       Louisiana
·       Maine
·       Maryland
·       Massachusetts
·       Michigan
·       Minnesota
·       Mississippi
·       Missouri
·       Nebraska
·       Nevada
·       New Jersey
·       New Mexico
·       New York
·       North Carolina
·       North Dakota
·       Ohio
·       Oklahoma
·       Pennsylvania
·       Puerto Rico
·       Rhode Island
·       South Carolina
·       South Dakota
·       Tennessee
·       Texas
·       Utah
·       Virginia
·       Vermont
·       Washington
·       West Virginia
·       Wisconsin
·       Wyoming

Notice to Alabama Residents

If tax is not collected on your order, the state of Alabama requires that an Alabama purchaser file a sales and use tax return at the end of the year reporting all taxable purchases that were not taxed and pay the taxes associated with those purchases.  The purchase is not exempt from Alabama sales or use tax merely because it is made over the Internet.

Notice to Colorado Residents

If tax is not collected on your order, the state of Colorado requires that a Colorado purchaser file a sales and use tax return at the end of the year reporting all taxable purchases that were not taxed and pay the taxes associated with those purchases.  The purchase is not exempt from Colorado sales or use tax merely because it is made over the Internet.

Notice to Kentucky Residents

You may owe Kentucky use tax on your purchase if tax was not collected on your order.  You can pay Kentucky use tax directly to the Department of Revenue on purchases if they are not otherwise exempt.

Notice to Louisiana Residents

You may owe Louisiana use tax on your purchase if tax was not collected on your order.  Louisiana law requires that use tax be paid annually on the individual income tax return or through other means.  The purchase is not exempt from Louisiana use tax merely because it is made over the Internet.

Notice to Oklahoma Residents

Tax may be reported and paid on the Oklahoma individual income tax return [Form 511] or by filing a consumer use tax return [Form 21­1].  The referenced forms and corresponding instructions are available on the Oklahoma Tax Commission website.

Notice to Pennsylvania Residents

Sales or use tax may be due in connection with the purchase and delivery of the tangible personal property being sold to you.  The Commonwealth of Pennsylvania requires the purchaser to file a return if use tax is due in connection with the purchase and delivery.  This notice is required by Section 213 of the Pennsylvania Marketplace Sales legislation.

Notice to Rhode Island Residents

If tax is not collected on your order, the state of Rhode Island requires that a Rhode Island purchaser file a sales and use tax return at the end of the year reporting all taxable purchases that were not taxed and pay the taxes associated with those purchases.  The purchase is not exempt from Rhode Island sales or use tax merely because it is made over the Internet.

Notice to South Carolina Residents

You may owe South Carolina use tax on your purchase based on the total sales price of the purchase.  You may visit www.sctax.org to pay the use tax or you may report and pay the tax on your South Carolina Income Tax form.

Notice to South Dakota Residents

Tax may be reported and paid on the South Dakota use tax form. The use tax form and corresponding instructions are available on the South Dakota Department of Revenue website.

Notice to Tennessee Residents

If tax is not collected on your order, the state of Tennessee requires that a Tennessee purchaser file a sales and use tax return at the end of the year reporting all taxable purchases that were not taxed and pay the taxes associated with those purchases.  The purchase is not exempt from sales or use tax merely because it is made over the Internet.

Notice to Vermont Residents

You may owe Vermont use tax on your purchase if tax is not collected on your order.  The state of Vermont requires that a Vermont purchaser pay use tax due on non-exempt purchases on his or her tax return.

Notice to Puerto Rico Residents

You may owe Puerto Rico use tax on your purchase if tax was not collected on your order.  You can file an Import Declaration and Tax on Imports Monthly Return and report and pay any use tax due.

6. Warranty Disclaimer

Company has no special relationship with or fiduciary duty to you.  You acknowledge that Company has no control over, and no duty to take any action regarding: which users gains access to the Services; what Content you access via the Services; what affects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.  You release Company from all liability for you having acquired or not acquired Content through the Services.  The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate.  Company makes no representations concerning any content contained in or accessed through the Services, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.  THE SERVICES, CONTENT, WEBSITE AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

7. Privacy Policy And Activity Tracking

For information regarding Company’s treatment of personally identifiable information, please review Company’s current Privacy Policy, which is hereby incorporated by reference; your acceptance of this Agreement constitutes your acceptance and agreement to be bound by Company’s Privacy Policy. The Company reserves the right to anonymously track and report your activity on the Website and through your use of the Services.

8. Registration And Security

As a condition to using some aspects of the Services, you may be required to register with Company and select a password and user name (“Company User ID“).  You shall provide Company with accurate, complete, and updated registration information.  Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account.  You may not (i) select or use as a Company User ID a name of another person with the intent to impersonate that person; or (ii) use as a Company User ID a name subject to any rights of a person other than you without appropriate authorization.  Company reserves the right to refuse registration of or cancel a Company User ID in its discretion.  You shall be responsible for maintaining the confidentiality of your password.

9. Indemnity

You will indemnify and hold Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

10. Limitation Of Liability

IN NO EVENT SHALL COMPANY OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE WEBSITE OR THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF FEES PAID BY YOU THEREFOR OR $100; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (IV) FOR ANY MATTER BEYOND COMPANY’S REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

11. Fees And Payment

Company reserves the right to require payment of fees for certain or all Services.  You shall pay all applicable fees, as described on the Website in connection with such Services selected by you.  Company reserves the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Website.  Your use of the Services following such notification constitutes your acceptance of any new or increased charges.

Payment for Casaza.com products is processed through our secure online payment service, managed by Stripe and secured by their privacy and security policies, which can be found at https://stripe.com/us/privacy.

Stripe is the authorised payment facilitator.

12. Third Party Websites

The Services may contain links to third party websites that are not owned or controlled by Company, or the Services may be accessible by logging in through a third party website or service; for example, you may access the Services through Facebook by using its “Facebook Connect” functionality, or through Google by using “Google Sign In”.  When you access third party websites, you do so at your own risk.  You hereby represent and warrant that you have read and agreed to be bound by all applicable policies of any third party websites or services relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement.  Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites.  In addition, Company will not and cannot monitor, verify, censor or edit the content of any third party site.

By using the Services, you expressly relieve and hold harmless Company from any and all liability arising from your use of any third party website.  Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.  You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.  You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.  If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Company is under no obligation to become involved.  In the event that you have a dispute with one or more other users, you hereby release Company, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service.  If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

13. Cookie Policy

A browser cookie is a small piece of data that is stored on your device to help websites and mobile apps remember things about you.  Other technologies, including web storage and identifiers associated with your device, may be used for similar purposes (collectively, “Cookies“).

Company’s Privacy Policy explains how we collect and use information from and about you when you use our Services.  This policy explains more about how we use Cookies and your related choices.

Like most providers of online services, we use Cookies for a number of reasons, like protecting your data and account, helping us see which features are most popular, counting visitors to a page, improving our users’ experience, keeping our services secure, and just generally providing you with a better, more intuitive, and satisfying experience.  The Cookies we use generally fall into one of the following categories:

Category of Cookies

Why We Use These Cookies

Preferences

We use these Cookies to remember your settings and preferences.  For example, we may use these Cookies to remember your language preferences.

Security

We use these Cookies to help identify and prevent security risks.

For example, we may use these Cookies to store your session information to prevent others from changing your password without your username and password.

Performance

We use these Cookies to collect information about how you interact with our Services and to help us improve them.

For example, we may use these Cookies to determine if you have interacted with a certain page.

Analytics

We use these Cookies to help us improve our Services.

For example, we can use these Cookies to learn more about which features are the most popular with our users and which ones might need some tweaks.

Advertising

We use these Cookies to deliver advertisements, to make them more relevant and meaningful to consumers, and to track the efficiency of our advertising campaigns, both on our Services and on other websites or mobile apps.


Your browser or device may allow you to block or otherwise limit the use of Cookies. However, Cookies are an important part of how our Services work, so removing, rejecting, or limiting the use of them could affect the availability and functionality of our Services. Your browser may provide you with the option to refuse some or all browser cookies. You may also be able to remove cookies from your browser. For more information about how to manage browser cookies, please follow the instructions provided by your browser. Your mobile operating system may let you opt-out from having certain device identifiers used for interest-based advertising. You should refer to the instructions provided by your mobile device’s manufacturer; this information is typically available under the “settings” function of your mobile device. If your mobile device offers an uninstall process, you can always stop us from collecting information through the app by uninstalling our app. If you have any questions about our use of Cookies, please contact us at [email protected]

14. Termination

This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services or your membership at any time by following the instructions on the Website. Company may terminate your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Company may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Any fees paid hereunder are non-refundable. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

15. Miscellaneous

The failure of either party to exercise, in any respect, any right provided for herein shall not be deemed a waiver of any further rights hereunder.  Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference).  If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.  This Agreement is not assignable, transferable or sub licensable by you except with Company’s prior written consent.  Company may transfer, assign or delegate this Agreement and its rights and obligations without consent.  This Agreement shall be governed by and construed in accordance with the laws of the state of Nevada without regard to the conflict of laws provisions thereof.  Any dispute arising from, or related to, such contracts shall be subject to the exclusive jurisdiction of the courts of the state of Nevada.  Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.  No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever.

16. Copyright Dispute Policy

Company has adopted the following general policy toward copyright infringement.  It is Company’s policy to (i) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (ii) remove and discontinue service to repeat offenders.

Procedure for Reporting Copyright Infringements:

If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Support Team at [email protected]:

1.     A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

2.     Identification of works or materials being infringed;

3.     Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;

4.     Contact information about the notifier including address, telephone number and, if available, email address;

5.     A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and

6.     A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

Once Proper Bona Fide Infringement Notification is Received by the Support Team:

It is Company’s policy:

1.     to remove or disable access to the infringing material;

2.     to notify the content provider, member or user that it has removed or disabled access to the material; and

3.     that repeat offenders will have the infringing material removed from the system and that Company will terminate such content provider’s, member’s or user’s access to the Services.

Procedure to Supply a Counter-Notice to the Support Team:

If the content provider, member or user believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, member, or user, must send a counter-notice containing the following information to the Support Team:

1.     A physical or electronic signature of the content provider, member or user;

2.     Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

3.     A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and

4.     Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or, if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.


If a counter-notice is received by the Support Team, Company may send a copy of the counter-notice to the original complaining party informing that person that Company may replace the removed material or cease disabling it in 10 business days.  Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’s discretion.

Please contact the Support Team for any copyright policy questions or infringement submissions at [email protected].

16. Apple Device and Application Terms

In the event you are using the Services in connection with a device provided by Apple, Inc. (“Apple“) or a Company application obtained through the Apple App Brand (collectively, such uses are henceforth the “Application“), the following shall apply:

1.     You acknowledge and agree that this Agreement is concluded between you and the Company only, and not with Apple, and that Apple is not responsible for the Application or the Content;

2.     The Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Services;

3.     You will only use the Application in connection with an Apple device that you own or control;

4.     You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;

5.     In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure;

6.     upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;

7.     You acknowledge and agree that Company, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;

8.     You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Company, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;

9.     You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;

10.  You acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use;

11.  You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary thereof; and

12.  In the event you use the Application to provide you with real-time route guidance, YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. LOCATION DATA MAY NOT BE ACCURATE.

17. Contact

If you have any questions, complaints, or claims with respect to the Services, you may contact us at [email protected].

Terms of Sale

You may be provided the opportunity on Casaza Home (“Casaza”) to purchase products that are offered, sold or manufactured by third parties (collectively a “Product” or where appropriate, “Products”).  Such Products may be available for purchase directly from third-party sellers (“Sellers”), as indicated by the “sold by” field on the Product listing.

If you choose to shop on Casaza, you agree to these Terms of Sale, in addition to the Casaza Terms of Use, which are incorporated herein.  The Casaza Terms of Use contain important provisions concerning Disclaimers, Limitation of Liability and Dispute Resolution.  Those provisions apply in full, in addition to the following terms:

No Endorsement or Verification.  The availability of any Products on Casaza does not imply our endorsement of the Products.  We do not represent, warrant or guarantee that the Product descriptions are accurate, complete, reliable, current, or error-free.  We disclaim all warranties of merchantability or warranties of fitness for a particular purpose.  All products are sold as-is.  Depictions of Products in features such as “Shop The Look” are for reference only and may not always accurately depict every aspect of the Product.

Product Reviews.  Product listings may contain ratings and reviews obtained from third parties.  Product reviews posted by Casaza users are solely the opinions of the posters.  None of the Product reviews contain or reflect any opinions or views of Casaza.  Ratings given in connection with purchases verified by Casaza may be given greater weight than ratings not verified by Casaza.

Order Acceptance and Cancellation Right.  The receipt of an order number or an email order confirmation does not constitute acceptance of an order or a confirmation of an offer to sell.  We reserve the right to limit the order quantity on any item and/or to refuse service to any customer for any reason.  Verification of information may be required prior to the acceptance of an order.  Prices and availability of Products on Casaza are subject to change.  Errors will be corrected when discovered, and we reserve the right to revoke any stated offer and to correct any error, inaccuracy, or omission.  We reserve the right, at our sole discretion, to refuse or cancel any order for any reason.  Items purchased pursuant to a quantity discount may be re-priced upon cancellation.

Buyer Obligations.  Without limiting any other provision of these Terms of Sale or the Terms of Use, you are responsible for (a) reading the entire Product listing before placing an order; (b) maintaining correct and up to date payment, contact, and shipping information; and (c) honoring any return, refund or shipping arrangement entered into with Casaza or any Seller.

Products Sold by Third Parties.

Pricing.  Prices for Products sold by Sellers are set by the Seller.  Where a product listing on our Site references a higher price, typically denoted by a strikethrough, such higher price represents the retail price suggested by the manufacturer or supplier.  In the absence of a price suggested by the manufacturer or supplier, this price represents the highest price at which we offered or sold the product at some point in the past.  The “Sale” tag on a product listing on our Site signifies that we are selling the product at a discount from a price in the previous 90 days.

Payments.  Casaza acts as a payments processor on behalf of the Seller and does not act as your agent with respect to any payments for Products submitted via Casaza.

Risk of Loss.  For Products purchased from Sellers, the risk of loss and title for purchased Products pass from the Seller to buyer upon delivery.  Casaza does not transfer legal ownership of any Products from Seller to you.

Returns and Refunds.  Products sold by Sellers are eligible for returns and refunds if and as indicated by the terms on the Product listing and Returns Policy.

Third-Party Warranty Information.  For Products sold by Sellers, warranty information is listed under the seller and shipping information for that Product, typically under the “View Return Policy” link.  The obligation to satisfy any indicated warranty for a Product is between you and the Seller or the manufacturer or supplier, and not with Casaza.

Customer Service Limitations.  While we may help facilitate the resolution of disputes through our customer service team or various programs, Casaza has no control over and does not guarantee the existence, quality, safety or legality of items advertised, the truth or accuracy of Product listings, or that a seller, manufacturer or supplier will satisfactorily honor the warranty offered by that party for a specific Product.  Neither Casaza nor any Seller will be responsible for any damage caused by installation or attempted installation of any Product by you or any third-party.

3D Models.  Some Product listings may include a three-dimensional model (“3D Model”) of the Product for reference.  3D Models may not represent every Product feature and should not be relied upon in making purchasing decisions.  You are responsible for reviewing the Product specifications, description, and photos before buying a Product.