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These Terms of Service are between you and The Spotted Door
Welcome to The Spotted Door! Please read the following terms and conditions of use (the “Agreement”) before using the www.thespotteddoor.com, mobile application, linked pages, features, content, and any other services used in connection with The Spotted Door (the “Site”). The terms “you”, “your”, and “yours” refer to anyone accessing, viewing, browsing, visiting or using the Site (collectively, the “Users”). The terms “The Spotted Door,” “we,” “us,” and “our” refer to The Spotted Door LLC together with its affiliates and subsidiaries. This page explains the terms by which you may use our online and/or mobile services, Site, and software provided on or in connection with The Spotted Door (collectively the “Service”).
This Agreement governs your use of the Site, and by using the Site, you agree to the Terms and Conditions of Use. If you do not agree to these Terms of Use, you may not use this Site. The information contained in the Site, including but not limited to the Agreement that governs the use of the Site, is subject to change without prior notice. We may change the Service, top providing the Service or features of the Service (to you or generally), or create usage limits for the Service, without prior notice.The Spotted Door reserves the right, at any time, to modify, alter, or update this Agreement and the Privacy Policy. By using the Site and thereby accepting this Agreement, you agree to be bound by such modifications, alterations, or updates of the Agreement. If you violate any of the conditions of this Agreement, your access to the Site will be canceled and you may be permanently banned from viewing, browsing, accessing or using the Site. We may temporarily or permanently suspend or terminate your access to the Site and Service without notice or liability to The Spotted Door, for any reason or for no reason, including if in our sole determination you violate any provision of this Agreement. Upon termination of this Agreement or your access to the Service for any reason or no reason, you will continue to be bound by the terms of this Agreement which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, copyrighted material, and limitations of liability.
You may use the Service only if you can form a binding contract with The Spotted Door, and only in compliance with these Terms of Use, and all applicable local, state, national and international laws, rules and regulations. If you are under 18, your parent or guardian must enter into this Agreement on your behalf, and will be responsible for your use of and access to the Service; this includes financial responsibility for any items you purchase through the Service. Any use or access to the Service by anyone under age 13 is strictly prohibited and in violation of this Agreement and the Children’s Online Privacy Protection Act (COPPA). If you are under age 13, please do not attempt to register with the Site or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to us. If we learn that we have collected personal information from a child under age 13 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 age 13, please contact us at info@thespotteddoor.com. The Service is not available to any Users previously removed from the Service by us. We reserve all rights not expressly granted under this Agreement. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. We do not discriminate on the basis of age, race, national origin, gender, sexual orientation, or religion.
“Intellectual Property Rights” for the purpose of this Agreement means all patent rights, copyrights, moral rights, rights of publicity, trademark, mass work rights, trade dress and service mark rights, trade secret rights, goodwill and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.You acknowledge that all of the Site’s content, arrangement and layout of the Site, including but not limited to, any service marks, product names, package designs, text, art work, illustrations, software, graphics, images, buttons, screenshots, music, digitally downloadable files, graphs, videos, sounds, data, software and other content protected by copyrights, trademarks, service marks, trade secrets, rights in databases and/or other proprietary rights, and the compilation of the foregoing (collectively, the “Content”) is the sole and exclusive property of The Spotted Door. The Content available on the Site may be owned by The Spotted Door, owned by others and used with their permission (such as user-generated content), or used in accordance with applicable law.
All software used for the Service is the property of The Spotted Door or our licensors and protected by United States and international copyright laws. Subject to the terms of this Agreement, The Spotted Door hereby grants you a limited, non-exclusive, non-assignable, non-sublicensable, freely revocable license to use the Service for your personal, non-commercial use only, as permitted by the features of the Service. This license does not include nor allow you to engage in any use of the following prohibited activities in connection with the Service: (i) any use of data mining, robots, offline readers, or similar data gathering and extraction tools to access the Service (except that, subject to the privacy settings of our Users, we grant the operators of public search engines revocable permission to use spiders to copy materials from The Spotted Door for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (ii) any derivative use of the Site or its Content; (iii) any copying, distributing, or disclosing of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (iv) any transmission of spam, chain letters, or other unsolicited email; (v) any attempt to discover any source code, modify, publish, adapt, transmit, participate in the transfer or sale of, exhibit, display, distribute, reverse engineer, dissemble, decompile, reproduce, perform, create, derivate works from, or in any way exploit any of the Service, in whole or in part; (vi) any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure, at our sole discretion; (vii) any attempt to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (viii) any uploading of viruses, worms, invalid data or other software agents through the Service; (ix) any use of the Service for any commercial purposes; (x) any bypassing of the measures we may use to prevent or restrict access to the Service, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; or (xi) any framing techniques to enclose any trademark, logo, or copyrighted material from the Service or use any meta tags or any other hidden text utilizing our Content, without the express written consent of The Spotted Door. All rights not expressly granted herein are reserved.
“User Content” refers to any such materials a User of The Spotted Door posts, submits, displays, comments, questions, or otherwise makes available on the Service. The Spotted Door encourages you to interact with the Site, subject to the following conditions:
You agree not to post User Content that (i) is harassing, discriminatory, libelous, obscene, false, inflammatory, pornographic, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive, of personal privacy or publicity rights, humiliating, threatening, profane, or that infringes on the rights of any other User or third party or is otherwise objectionable; (ii) is your own or a third party’s advertising or promotional content; (iii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; (iv) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person or User, or to any animal; (v) is unlawful or contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); and (vi) contains information that you know to be inaccurate, not correct, or not current.
By submitting User Content to the Service, you are granting The Spotted Door (and those authorized by The Spotted Door) a limited, non-exclusive, royalty-free, perpetual, transferable, irrevocable, worldwide license to use, reproduce, distribute, display, publish, modify, adapt, create derivate works from, and translate such content for any education, promotional, or other purposes without any obligation to compensate you or any other third party in any way for such use. You affirm, represent and warrant in connection with your User Content that (i) you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each person has released you from any liability that may arise in relation to such use; (ii) all User Content you submit and other information you provide to The Spotted Door is truthful and accurate; and (iii) The Spotted Door may exercise the rights to your User Content that are granted to The Spotted Door under this Agreement without payment of any guild fees, payments, fees, residuals, or royalties payable under any collective bargaining agreement or otherwise. The Spotted Door takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service, or from the posting of your content or for any error, defamation, libel, omission, obscenity, danger, or inaccuracy contained in any posted information or from any failure or delay in removing such content or from your violation of the Children’s Online Privacy Protection Act (COPPA). You shall be solely responsible for your User Content and the consequences of publishing or posting it, and you agree that The Spotted Door is only acting as a passive conduit for your online distribution and publication of your User Content.
You are solely responsible for your interactions with other Users of The Spotted Door. We reserve the right, but have no obligation, to monitor disputes between you and other Users. The Spotted Door shall have no liability for your interactions with other Users, or for any User’s action or inaction. We may invite you or you may choose to submit comments, ideas, or feedback about the Service, including without limitation about how to improve the Service or our products. By submitting this User Content, you agree that your disclosure is unsolicited, gratuitous, and without restriction and will not place The Spotted Door under any fiduciary or other obligation, and that we are free to use the idea without any additional compensation to you and/or to disclose the idea on a non-confidential basis or otherwise to anyone.
The Spotted Door reserves the right to monitor content or information provided by Users and other visitors to the Site in its sole discretion, to edit or remove any content that, in our sole judgment, does not comply with the foregoing rules, or is otherwise objectionable, inaccurate, or inappropriate. The Spotted Door is not responsible for any failure or delay in removing such content from the Site.
The Spotted Door offers access to the Service via a mobile device (“Mobile Service”). You must have a mobile device that is compatible with the Mobile Service to use the Mobile Service. The Spotted Door does not warrant that the Mobile Service will be compatible with your mobile device. The Spotted Door hereby grants you a non-transferable, non-exclusive, revocable license to use a compiled code copy of the Mobile Service for one account on one mobile device owned or leased solely by you, for your personal, non-commercial use only. As a User of the Mobile Service, you may not (i) modify, decompile, disassemble or reverse engineer the Mobile Service; (ii) lease, loan, resell, rent, sublicense, distribute or otherwise transfer the Mobile Service to any third party or use the Mobile Service to provide time sharing or similar services for any third party; (iii) remove, damage, circumvent, disable or otherwise interfere with security-related features of the Mobile Service; (iv) make any copies of the Mobile Service; (v) remove the copyright and/or other proprietary rights notices on the Mobile Service. You acknowledge that The Spotted Door may from time to time issue upgraded versions of the Mobile Service and may automatically electronically upgrade the version of the Mobile Service that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that this Agreement will apply to all such upgrades. The above mentioned license grant is not a sale of the Mobile Service or any copy thereof, and The Spotted Door or its suppliers or third party partners retain all right, title, and interest in the Mobile Service (and any copy thereof). You agree to comply with all United States and foreign laws related to use of the Mobile Service.
If you use the Site and create an account in the “My Account” section of the site, you are responsible for maintaining the confidentiality of your account and corresponding password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password. The Spotted Door reserves the right to terminate or refuse service to your account, with or without prior notice, and to remove or edit content submitted by you. In the event that The Spotted Door suspends or terminates your account or this Agreement or for your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any portion of the Service, any content or data associated with your account, or for anything else.
We care about the privacy of our Users. Our Privacy Policy governs the collection and use of certain information that will be obtained by us as you use the Service. By using the Service, you are consenting to have your personal data collected, used, transferred to and processed in accordance with our then current Privacy Policy. Please review our Privacy Policy before you use the Service.
You agree to receive communications from The Spotted Door electronically and that we have the right to send you certain information in connection with the Site. If you do not consent to receive any notices electronically, you agree to stop using or accessing the site. The Spotted Door will communicate with you by email or by posting notices on the Site. You agree that all notices, disclosures, agreements and other communications that The Spotted Door provides to you electronically satisfy any legal requirements that such communications be in writing.
The Spotted Door does not endorse or assume any responsibility for any links the Service may contain to third-party websites, services, advertisers, special offers, or other events or activities that are not owned or controlled by The Spotted Door. Third party links are provided for your convenience only. If you access a third party website from the Service, you do so at your own risk and agree that this Agreement and our Privacy Policy do not apply to your use of such sites. You expressly relieve The Spotted Door from any and all liability arising from your use of any third party website, service, or content, and agree that The Spotted Door shall not be responsible for any loss or damage of any sort relating to your dealings with third parties.
You acknowledge that The Spotted Door does not warrant or guarantee that any product descriptions or other Content on the Site is accurate, complete, reliable, current, or error-free. In the event that a product is listed as an incorrect price or with incorrect information due to any error including a typographical error or error in pricing or product information, The Spotted Door has the right to refuse or cancel without penalty any orders placed for products listed at the incorrect price or with incorrect information. Please note that receiving an order acknowledgement from The Spotted Door does not mean we have accepted your order: this acknowledgement constitutes your offer to buy a product from us that is subject to our acceptance, which is confirmed when we send you an email confirming that your order has shipped. The Spotted Door has the right to refuse or cancel any such orders whether or not the order has been ship confirmed or your credit card has been charged. If your credit card has been charged and we choose to cancel the order, we will issue a credit to your credit card account in the amount of the charge as soon as reasonably possible. Prices and availability of all products on the Site are subject to change without notice. You acknowledge that products may sell quickly or products may be available in limited quantities and that there may be a short period of time after where the product is no longer available.
Prices displayed on The Spotted Door are exclusive of taxes. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. When you add an item to your cart, sales tax will be calculated for purchases where sales tax is applicable and you will be asked to confirm this information on the checkout page. We use reliable commercial services to calculate and remit the correct amount of tax required on each taxable purchase; however, minor errors may occur due to the inability to accurately track multiple taxing districts, the time of rate changes or the application of certain taxes to items sold on The Spotted Door and as a result, we may under-collect or over-collect that tax on your purchase. You hereby waive your right to claim that the tax collected on any purchase is erroneous in any respect and agree to hold The Spotted Door harmless.The Spotted Door is not required to collect and remit sales tax for Site purchases in states where our company has no physical presence. Rates vary depending on your county; for regulations in your area, consult your state and local tax laws to determine compliance with tax laws and regulations.
If you are a copyright owner or an agent thereof and believe that your work has been copied in a way that constitutes copyright infringement, you may submit a written notice of infringement pursuant to the Digital Millennium Copyright Act (DMCA) to info@thespotteddoor.com. Please provide us with this information in your report:
If you submit a notice of infringement that knowingly materially misrepresents that any content, information, or communication on the Site is infringing upon a copyright, you may be held liable for damages and attorneys’ fees. If you believe that your content, information, or communication has been removed from the Site due to an erroneous claim of infringement, you may have remedies available to you under the DMCA.
Any dispute or claim relating in any way to your use of any Service provided by The Spotted Door, or to any products or services sold or distributed by The Spotted Door or through TheSpottedDoor.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using the Service and accessing the Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Utah, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and The Spotted Door.
By using the Service and accessing the Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Utah, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and The Spotted Door.
The Service and any product or service you purchase through the service (“Product”) are provided on an “AS IS” and “AS AVAILABLE” basis. Use of the service is at your own risk. To the maximum extent permitted by applicable law, the Service and the Product are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement, without limiting the foregoing, The Spotted Door, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable, or correct; that the Service or the products will meet your requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from such download or your use of the Service.
The Spotted Door does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any hyperlinked website or service, and The Spotted Door will not be a party to or in any way monitor any transaction between you and third party providers of products or services.
To the full extent permissible by applicable law, The Spotted Door assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content available on or through the Service; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our Service or any product; (iii) unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) interruption or cessation of transmission to or from the Service; (v) bugs, viruses, or the like that may be transmitted to or through our service by any third party; (vi) errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party.
You agree to indemnify and hold The Spotted Door and its agents, licensors, vendors, contractors, officers, directors, managers, and partners harmless from and against any and all damages, claims, liabilities, losses, costs or debt, and expenses, including but not limited to attorney’s fees, arising from (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any terms of this Agreement; (iii) your violation of any third party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; (v) any other party’s access and use of the Service with your username, password or other appropriate security code; or (vi) your violation of any applicable law, rule or regulation.
No waiver of any of this Agreement and any rights and license grated hereunder may not be transferred or assigned by you, but may be assigned by The Spotted Door without restriction.
Please report any violations of these Terms of Use or our Privacy Policy to info@thespotteddoor.com.
California Proposition 65 requires that special warnings be provided when products contain chemicals known by the State of California to cause cancer, birth defects, or other reproductive harm if the use of those products may cause exposure to those chemicals above specific limits. A few examples of these warnings relate to lead crystal glassware, ceramic tableware, and electric cords. If you have questions or concerns regarding the safety of these products, please contact us prior to ordering.
This policy was last updated on June 8, 2015.
