Terms of Use

TERMS OF USE

Acceptance

These terms of use (“Terms of Use”) are entered into by and between You and Novalis (“Company,” “we,” or “us“) and govern your access to and use of the site www.duradecor.com along with all of our social media accounts, including Facebook, Instagram, Pinterest, Twitter, LinkedIn, and YouTube (collectively, the “Sites”) whether as a guest or a registered user.  By using or accessing the Sites, you accept and agree to be bound by these Terms of Use and our Privacy Policy, found at https://duradecor.com/privacy-policy/ incorporated herein by reference. If you do not wish to agree to these Terms of Use or the Privacy Policy, you must not access or use the Sites.

Additional terms and conditions may also apply to specific portions, services or features of the Sites. All such additional terms and conditions are hereby incorporated by reference into these Terms of Use.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time at our sole discretion and without prior notice. All changes are effective immediately when we post them.  Your continued use of the Sites following the posting of revised Terms of Use means that you accept and agree to any revisions.

Accessing the Sites and Account Security

It is your responsibility to make all arrangements necessary for you to access the Sites and to ensure that all persons who access the Sites through your internet connection are aware of these Terms of Use and comply with them.  To access the Sites and/or some of the resources and third-party services the Sites offers, you may be asked to provide certain registration details, such as your name, e-mail address or other information.  It is a condition of your use of the Sites that all the information you provide on the Sites is correct, current and complete. You agree that all information you provide to register with the Sites or otherwise, including, but not limited to, interactive features on the Sites, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you select or are provided with a username, password, or other information as a means of securely accessing the Sites or any part of the Sites (“Access Information”), you agree to keep the Access Information confidential and that you will not disclose the Access Information to any other person or entity.  You also acknowledge and agree that the Access Information and your associated account are personal to you and you agree not to allow any other person to use the Access Information to access the Sites or your account.  

Intellectual Property Rights

The Sites and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

You are permitted to use the Sites for your personal, non-commercial use only.  You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Sites, except as follows:  

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Sites for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by any end user license agreement for such applications.

Trademarks

The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks or service marks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on the Sites are the trademarks of their respective owners.

Prohibited Uses

You may use the Sites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Sites:

  • In any way that violates any federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letters,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by us, may harm the Company or users of the Sites, or expose them to liability.

Additionally, you agree not to:

  • Use the Sites in any manner that could disable, overburden, damage, or impair the Sites or interfere with any other party’s use of the Sites, including their ability to engage in real time activities through the Sites.
  • Use any robot, spider or other automatic device, process or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites.
  • Use any manual process to monitor or copy any of the material on the Sites, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software or routine that interferes with the proper working of the Sites.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Sites, the server on which the Sites is stored, or any server, computer or database connected to the Sites. 
  • Attack the Sites via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Sites.

Reliance on Information Posted

The information presented on or through the Sites is made available on an “as is” “as available basis” solely for general information purposes. We do not warrant the accuracy, completeness, timeliness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites.

The Sites may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

The Company specifically disclaims warranties of any kind, either expressed or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. No oral advice or written information given by Novalis, nor its affiliates, subsidiaries, or designees, nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like, (collectively, “the Associates”) shall create a warranty. You expressly agree that use of the Site is at your sole risk.

User Generated Content

Certain parts of the Sites may allow you post, upload, email, or otherwise transmit (“Transfer”) data, text, images, photographs, graphics, drawing, video, audio, or other information (collectively “User Generated Content” or “UGC”).  When you transfer UGC to the Sites, you represent and warrant that you own or otherwise control the rights to the UGC and that the UGC is your original creation, has not been copied, recreated, reproduced, previously published, derived from or otherwise taken in whole or in part from any other work and that the UGC does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, or violate applicable laws or regulations. You also warrant and represent that each person appearing in or referred to in the UGC has given their written permission and consent to be included in the UGC, to Transfer the UGC to the Sites, and to have the UGC displayed publicly on the Sites, and to be otherwise used by us in accordance with these Terms and Conditions.  You agree that you shall furnish all such written permissions and consents promptly to us upon request.

By Transferring UGC to the Sites you are granting us a world-wide, perpetual, non-exclusive, non-royalty bearing right and license to display, reproduce, modify, publish, transmit, make derivative works of, or use the UGC for any purpose including using the UGC on the Sites or in any other advertising or marketing materials.  Further by Transferring UGC via the Sites you release and waive any rights you may otherwise have to the prior approval of or attribution for any use we make of the UGC.

We have the right, although not the obligation, in our sole discretion, to refuse to post or to remove any UGC for any reason.  Without eliminating the generality of the forgoing, you agree that you will not post UGC that: (a) is, or which encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. (b) you do not have a right to make available under any law or under a contractual or fiduciary relationship; (c) is known by you to be false, inaccurate or misleading; (d) you were compensated for or for which you were granted any consideration by any third party; (e) contains restricted or hidden content, viruses, worms, Trojan horses, back doors, or other malware; or (f) infringes any patent, trademark, trade secret, copyright, right of publicity, moral right, or other proprietary right of any party.

We do not endorse or control any UGC Transferred to the Sites and we do not guarantee the accuracy, integrity or quality of any UGC. Under no circumstances will we be liable in any way for any UGC, including, without limitation, for any errors or omissions in any UGC, or for any loss or damage of any kind incurred by you as a result of the use of any UGC Transferred via the Sites.

DIGITAL MILLENIUM COPYRIGHT ACT NOTICE

Notification Procedures:

We respect the copyrights of others. If you believe in good faith that your copyrighted work has been reproduced on the Sites without authorization in a way that constitutes copyright infringement, you may request removal of those materials by notifying our designated copyright agent either by mail to:

Novalis US, LLC
ATTN: Copyright/Legal
200 Munekata Drive
Dalton, GA 30721
USA

 or by email to websiteuseragreement@novalis-intl.com

This contact information is only for suspected copyright infringement.  In accordance with the Digital Millennium Copyright Act (”DMCA”) any notice of suspected copyright infringement (the “DMCA Notice”) must include the following:

  • Your physical or electronic signature. 
  • Identification of the copyrighted work that you believe to have been infringed or, if the claim involves multiple works on the Sites, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Sites is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter Notification Procedures:

If you believe that material you Transferred to the Sites was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us a Counter Notice (“Counter Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

  • Your physical or electronic signature.
  • An 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 access disabled.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and email address).
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Sites may be found) and that you will accept service from the person (or an agent of that person) who provided the Sites with the complaint at issue.

Links

You may not link to the Sites in any way that may present the Sites or the Company in a false light or is otherwise likely to damage our reputation.  You also may not link to the Sites in any way that suggests any form of association with, approval of, or endorsement by the Sites or the Company.  

For your convenience, the Sites may contain links to other sites and resources provided by third parties.  These links could include links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of the linked-to sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked from the Sites, you do so entirely at your own risk and are subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Sites is based in the State of Georgia in the United States. We provide the Sites for use only by persons located in the United States. We make no claims that the Sites or any of its content is accessible or appropriate outside of the United States. Access to the Sites may not be legal by certain persons or in certain countries. If you access the Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITES LINKED TO IT.

YOUR USE OF THE SITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES IS AT YOUR OWN RISK. THE SITES, THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SITES, THEIR CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, THEIR AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES, ANY SITES LINKED TO THE SITES, ANY CONTENT ON THE SITES, ANY USER GENERATED CONTENT TRANSFERRED TO THE SITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFTHEIR, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF SUCH DAMAGES ARE FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Sites, including, but not limited to, any use of the Sites’ content, services and products other than as expressly authorized in these Terms of Use, your use of any information obtained from the Sites, or any claim that User Generated Content infringes or violates the intellectual property, privacy, or any other right of any third party.

Governing Law and Jurisdiction

All matters relating to the Sites and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Sites shall be instituted exclusively in the federal courts of the United States or the courts of the State of Georgia, in each case located in Whitfield County, Georgia.  You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Your Comments and Concerns

All feedback, comments, requests for technical support and other communications relating to the Sites should be directed to: websiteuseragreement@novalis-intl.com