Term of Service

Welcome to crystalhouse.us and crystalhouse.promo These sites are owned by CHAZERLY DESIGNS’, INC. which provides you, as a visitor to or customer of these sites, with access to and use of these sites subject to your compliance with the terms and conditions set forth below, including all documents, policies, and guidelines incorporated herein (the "Agreement"). You should read this agreement carefully before browsing, using, or ordering products or services on our Sites.

The use of these Sites is governed by terms, provisions and conditions set forth herein and by entering these Sites you agree to be bound by all such terms, provisions and conditions. Please read them carefully. You are responsible for reviewing and becoming familiar with these terms.

By entering these Sites, you acknowledge that

• (i) you have read and understand these terms and that you agree to be bound by these terms, provisions and conditions as same may be amended from time to time and
• (ii) the disclaimer, limitation of liability and indemnity provisions set forth in these terms, provisions and conditions are an agreed upon allocation of risk and form an essential part of our agreement to permit you to use these sites, without which agreement CHAZERLY DESIGNS’, INC. would not enter into this agreement or permit you to use these sites.

If you do not agree to be bound by the terms, provisions and conditions herein, you are directed to discontinue your use of these sites immediately.

This Agreement does not alter in any way the terms or conditions of any other written or on-line agreement you may have or will have with CHAZERLY DESIGNS’, INC... CHAZERLY DESIGNS’, INC. reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy or guideline referenced herein at any time and in its sole discretion. If the Agreement is changed, we will post the new terms on these sites, along with the effective date of changed or modified Agreement. Any changes or modifications will be effective upon posting of the new Agreement on these sites as revised, and your access to or use or browsing of our Sites following the posting of such changes or modifications will constitute your acceptance of the Agreement as revised.

AVAILABILITY TO U.S. RESIDENTS

These sites are intended only for the use of persons residing in the United States, and for delivery of products and services within the United States

RELATED POLICIES

Privacy Policy. CHAZERLY DESIGNS’, INC. is committed to protecting the privacy of customers and visitors who use our sites. We have therefore created a Privacy Policy to explain our privacy practices and procedures. We believe that you should know what information we collect from you, as well as understand how we use, disclose, and protect that information. We believe that you should be able to communicate with us easily to limit the disclosure of any of your personally identifiable information, where practicable, and to address any questions or concerns that you may have. To learn about CHAZERLY DESIGNS’, INC. information collection and use practices and policies, please refer to the Privacy Policy section of these sites.

LICENSE AND TERMS OF SITES ACCESS

Limited License: CHAZERLY DESIGNS’, INC. grants you a limited license to access and make personal, non-commercial use of our Sites and the content displayed on it. Any other redistribution, retransmission, copying, or publication of any content from these sites is strictly prohibited without the express written consent of CHAZERLY DESIGNS’, INC..

Our grant of this limited license does not include, without limitation:

• (1) any resale or commercial use of these sites or any of its content;
• (2) the collection and use of any product or service listings or descriptions;
• (3) making derivative uses of these sites or any of its contents; or
• (4) use of any data mining, "spiders," "robots," "wanderers," or similar data gathering and extraction methods. Except as noted above, CHAZERLY DESIGNS’, INC. does not grant to you any right or license by implication, estoppels, or otherwise in or under any copyright, trademark, service mark, registered trademark, or proprietary right of CHAZERLY DESIGNS’, INC. or any third party.

See the Copyright and Trademarks and Service Marks sections below for further information.

Framing and Tagging: CHAZERLY DESIGNS’, INC. grants you a limited license to access and make personal, non-commercial use of our Sites and the content displayed on it. Any other redistribution, retransmission, copying, or publications of any content from these Sites are strictly prohibited without the express written consent of CHAZERLY DESIGNS’, INC... Our grant of this limited license does not include, without limitation:

• (1) any resale or commercial use of these sites or any of its content;
• (2) the collection and use of any product or service listings or descriptions;
• (3) making derivative uses of these sites or any of its contents; or
• (4) use of any data mining, "spiders," "robots," "wanderers," or similar data gathering and extraction methods.

Except as noted above, CHAZERLY DESIGNS’, INC. does not grant to you any right or license by implication, estoppels, or otherwise in or under any copyright, trademark, service mark, registered trademark, or proprietary right of CHAZERLY DESIGNS’, INC. or any third party. See the Copyright and Trademarks and Service Marks sections below for further information.

Harmful Content: By using these sites, you agree not to submit or disseminate any harmful message, data, information, text or other material, including without limitation, viruses, "Trojan horses," "worms," "time bombs," "zombies," "cancel bots," or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information of CHAZERLY DESIGNS’, INC. or any third parties.

User Name and Password: If you use any part of these sites that requires a user name or password-including but not limited to registration through the "My Account" section of these sites-then you are responsible for maintaining the confidentiality of that user name and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In the event the confidentiality of your account, your username, or your password is compromised in any manner, you should notify CHAZERLY DESIGNS’, INC. immediately.

Consistent with the Network and Information Security provisions of our Privacy Policy, CHAZERLY DESIGNS’, INC. reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of these sites and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account.

Notwithstanding the above, CHAZERLY DESIGNS’, INC. may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall CHAZERLY DESIGNS’, INC. be held liable to you for any liabilities or damages resulting from or arising out of

• (1) any action or inaction of CHAZERLY DESIGNS’, INC. under this provision,
• (2) any compromise of the confidentiality of your account or password, or
• (3) any unauthorized access to your account or use of your password.

Any unauthorized use of these sites will terminate the permission or license granted herein and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.

Responsibility for Your Conduct: By using these sites, you agree not to impersonate any person or entity, otherwise misrepresent your affiliation with a person or entity, misrepresent your address or country of residence, or interfere with other users of these sites. You are solely liable for the content of any message, data, information, text, or other material you submit or transmit to these sites. Consistent with the Indemnity section below, you agree to indemnify and hold harmless CHAZERLY DESIGNS’, INC. from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of this Agreement, or your violation of any rights of a third party.

Enforcement: CHAZERLY DESIGNS’, INC. has the right, but not the obligation, to suspend or terminate your access and use of these sites at any time and at its sole discretion and to cancel your order for products or services at any time and at its sole discretion. CHAZERLY DESIGNS’, INC. has the right, but not the obligation, to enforce strictly this Agreement by, without limitation, issuing warnings, suspending or terminating your registration or account, self help, active investigating, litigating, and/or prosecuting in any court or appropriate venue.

Consistent with its Privacy Policy: CHAZERLY DESIGNS’, INC. may access, use, and disclose transaction information and any message, data, information, text or other material you submit or transmit to these sites to comply with the law (e.g., a lawful subpoena); enforce or apply our customer agreements; to bill, and collect for products and services; to protect our rights or property. Indirect or attempted violations of this Agreement or any related policy, and actual or attempted violation by a third party on behalf of a CHAZERLY DESIGNS’, INC. customer shall be considered violations of the Agreement by such customer.

ORDER ACCEPTANCE

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order nor does it constitute confirmation of our offer to sell. We reserve the right, at any time after receipt of your order but prior to shipment, to accept or decline your order for any or no reason. We reserve the right, at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may need to verify any information you provide to us before we accept or process any order.

Item availability and prices for all products sold on these sites are subject to change without notice. Prices for products sold on these sites may be different from the prices sold through our retail location(s). (Price changes will not be retroactively applied to any outstanding or completed orders).

PAYMENT METHODS

Payment for the products purchased on these sites may be made by credit card. Currently, we accept the following major credit cards: Visa®, MasterCard® and American Express®, and Discover on chazerlydesigns.com. We may from time to time modify our list of accepted credit cards. You will be required to provide us with the exact billing address and telephone number that your credit card issuer has on file for you. You may further be required to provide us with the security code on your credit card. Incorrect information may cause a delay in processing your order.

CORRECTION OF ERRORS & INACCURACIES

The information on these sites may contain typographical errors or inaccuracies and may not be complete or current. CHAZERLY DESIGNS’, INC. reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

In the event that a product is listed by CHAZERLY DESIGNS’, INC. at an inaccurate price due to typographical error or error in pricing information or for any other reason, CHAZERLY DESIGNS’, INC. shall have the right to

• (i) refuse or cancel any orders placed for the product listed at the incorrect price and/or
• (ii) refuse or cancel any such orders whether or not an order has been confirmed, in which event, CHAZERLY DESIGNS’, INC. shall offer a refund to you of previous amounts paid in respect of your purchase.

The display of products on these sites shall not constitute an offer to sell. Pictures are provided for illustration purposes only. Please note that such errors, inaccuracies or omissions may relate to descriptions, pictures, pricing and availability.

We have used our reasonable efforts to display as accurately as possible the colors of the materials shown on these sites. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate. We apologize for any inconvenience this may cause you.

SHIPPING CHARGES; TAXES

You may be responsible for charges for shipping and handling. Such charges are in addition to product cost. In certain instances, CHAZERLY DESIGNS’, INC. is required by law to charge applicable taxes. You remain responsible for the prompt and proper payment of all taxes applicable to the products shipped to you or your designee.

TITLE; RISK OF LOSS

Title to products shipped passes from CHAZERLY DESIGNS’, INC. to you on the date of shipment from us.

COPYRIGHT

All content, copyrighted materials, and copyrightable materials on these sites, including, without limitation, the Crystal House, Nieponski Gallery, Beyond a Pretty Picture, Glimpse into Africa, and CD Memorials logos, designs, text, graphics, pictures, sound files and other files, page layouts, and the selection and arrangement thereof ("Materials") are ALL RIGHTS RESERVED Copyright © 2012 CHAZERLY DESIGNS’, INC. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of CHAZERLY DESIGNS’, INC.

CHAZERLY DESIGNS’, INC. grant you permission to display, copy, distribute, and download the Materials on these Sites for personal, non-commercial, and informational use only, provided that you may not, without the permission of CHAZERLY DESIGNS’, INC.

• (1) copy, publish, or post any Materials on any computer network or broadcast or publications media,
• (2) modify the Materials, or
• (3) remove or alter any copyright and other proprietary notices contained in the Materials.

TRADEMARKS AND SERVICE MARKS

All marks and logos featured in these Web Sites-including, but not limited to, "crystal House®," "Nieponski Gallery," "Chazerlydesigns.com", "Beyond a Pretty Picture®," "Glimpse into Africa®," "CD Memorials," are either trademarks, service marks, or registered trademarks of CHAZERLY DESIGNS’, INC. and used under license by CHAZERLY DESIGNS’, INC..

These trademarks, service marks, and registered trademarks may not be copied, imitated, or used, in whole or in part, without the prior written permission of CHAZERLY DESIGNS’, INC. All page headers, Chazerly Designs, Crystal House, Nieponski Gallery, Chazerlydesigns.com, beyondaprettypicture.com and crystalhouse1.com, CD Memorials, cdmemorials.com, Glimpseintoafrica.com custom graphics, buttons, icons, and scripts are either trademarks, service marks, and/or trade dress of CHAZERLY DESIGNS’, INC. and may not be copied, imitated, or used, in whole or in part, without the prior written permission of CHAZERLY DESIGNS’, INC. trademarks, service marks, and trade dress may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits CHAZERLY DESIGNS’, INC.

All other trademarks, service marks, registered trademarks, product and service names and company names or logos that appear on the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CHAZERLY DESIGNS’, INC.

Limited Right to Link to the sites: Subject to the restrictions in this Agreement, including without limitation those in the License and Terms of Site Access section above, CHAZERLY DESIGNS’, INC. grants to you a limited, nonexclusive right to create a hypertext link ("link") to the home page of these sites so long as your link does not portray CHAZERLY DESIGNS’, INC. or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. You may not use a CHAZERLY DESIGNS’, INC.design, logo, or other proprietary graphic, trademark, or registered trademark to link to these sites without the express written permission of 

CHAZERLY DESIGNS’, INC.

Third-Party Links: You may encounter links to these sites on third-party Web sites. CHAZERLY DESIGNS’, INC. may also display on these sites links to third-party Web sites. In permitting (but only pursuant to the provisions above) or providing these links to you as a convenience, CHAZERLY DESIGNS’, INC. in no way implies affiliation, endorsement, or adoption of any linked Web site, of the owner or operator of such a site, or of any content displayed on such a site. CHAZERLY DESIGNS’, INC. does not control in any way such third-party Web sites. And CHAZERLY DESIGNS’, INC. accepts no responsibility for-and otherwise makes no claim or representation regarding-the quality, content, or reliability of third-party Web sites or services accessible by link from these sites, or third-party Web sites linking to these sites.

When leaving the CHAZERLY DESIGNS’, INC. Site using a link, you should be aware that these Terms of Use and CHAZERLY DESIGNS’, INC. Privacy Policy no longer govern your use of or access to whichever Web site you may view. You should therefore review the terms of use and privacy practices and procedures of that Web site.

 

SUBMISSIONS

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information, provided by you in the form of e-mail to CHAZERLY DESIGNS’, INC. or posting to these sites are non-confidential (provided that provision of your personal information is subject to CHAZERLY DESIGNS’, INC. Privacy Policy) and you grant CHAZERLY DESIGNS’, INC. a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials throughout the world in any media now known or hereafter developed with or without acknowledgment to you in CHAZERLY DESIGNS’, INC. sole discretion and without compensation to you.

You also grant to CHAZERLY DESIGNS’, INC. the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against CHAZERLY DESIGNS’, INC. for any alleged or actual infringement or misappropriation of any proprietary right in your submitted materials and that the submission of any such materials to CHAZERLY DESIGNS’, INC., including the posting of materials to any forum or interactive area on these sites, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.

You represent and warrant that you own or otherwise control all of the rights to the material that you post; that the material is accurate; that use of the material you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify CHAZERLY DESIGNS’, INC.for all claims resulting from material you supply.

 

PRODUCT AND SERVICE DESCRIPTIONS, PRICING, AND AVAILABILITY

With respect to its offering of information, products, and services on the sites, CHAZERLY DESIGNS’, INC. attempts to be as accurate as possible. Nevertheless, CHAZERLY DESIGNS’, INC. does not warrant that information, product or service descriptions, product availability, or other content of these sites is accurate, complete, reliable, current, or error-free.

Despite our efforts, it is possible due to computer or other error or causes that a product or service offered on these sites may be mispriced, described inaccurately, or unavailable. In the event CHAZERLY DESIGNS’, INC. determines that a product or service is mispriced or described inaccurately, CHAZERLY DESIGNS’, INC. reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error, including without limitation canceling your order. You agree to notify CHAZERLY DESIGNS’, INC. immediately if you become aware of any pricing or descriptive errors or inconsistencies with any products or services you order through these sites and comply with any corrective action taken by CHAZERLY DESIGNS’, INC...