Terms of Service

Last Updated:  September 23, 2013 1. ACCEPTANCE OF TERMS Buckingham Interiors & Design LLC, its affiliates, subsidiaries and partners (collectively, “BI&D,” “we,” “us,” and “our”) provide our service to you, including information about our services and publications (collectively, “Properties”) subject to the following Terms of Service (“Terms”). The Terms cover all information, data, and services available at http://www.buckinghamid.com/ (collectively, the “Website,” hereinafter referred to as “Site”). We may update these Terms by posting a new version at http://www.buckinghamid.com/terms-of-service/ and your continued use of the service after any such update constitutes your binding acceptance of such changes. Unless explicitly stated otherwise, any new features that augment or enhance the current Site shall be subject to these Terms. These Terms of Service and the Privacy Policy (collectively, the “Terms”) constitute a legally binding agreement between you and BI&D. By using the Properties in any way, you are agreeing to be bound by and comply with the Terms. 2. USER CONDUCT Without limitation, you agree to refrain from the following actions while using the Site: 1. Harassing, threatening, embarrassing or causing distress or discomfort upon another individual or entity or impersonating any other person or entity or otherwise restricting or inhibiting any other person from using or enjoying the Site; 2. Transmitting any information, data, text, files, links, software, chats, communication or other materials that is unlawful, false, misleading, harmful, threatening, abusive, invasive of another’s privacy, harassing, defamatory, vulgar, obscene, hateful or racially or otherwise objectionable, including, but not limited to, material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation, or encourage the use of controlled substances; 3. Interfering with or infringing the patents, copyrights, trademarks, service marks, logos, confidential information or intellectual property rights of others; 4. Using any automated device, spider, robot, crawler, data mining tool, software or routine to access, copy, or download any part of the Site unless expressly permitted by the Site; 5. Taking any action creating a disproportionately large usage load on the Site unless expressly permitted by the Site; 6. Sending messages or engaging in disruptive or damaging activities online, including excessive use of scripts, sound waves, scrolling, or any use of viruses, bots, worms, time bombs, Trojan horses or any other destructive element; 7. Gaining or attempting to gain unauthorized access to non-public areas of the Site. In addition, if you have a password to a non-public area of the Site, you may not disclose to, or share your password, with any third parties and/or use your password for unauthorized purposes; 8. Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up all or any part of the Site; modifying any meta data, copying or duplicating in any manner any of the content; framing of or linking to any of the Site, its content or information available from the Site without the express written consent of agents of the Site; 9. Using the Site to engage in or assist another individual or entity to engage in fraudulent, abusive, manipulative or illegal activity; and 10. Using the Site in any way that violates or causes or results in a violation of any law or regulation. Please report any violations of these Terms to: webmaster@buckinghamid.com. You agree to comply with all applicable laws, statutes, regulations, and ordinances concerning your use of the Site. 3. ACCOUNT PASSWORD AND SECURITY The Site may contain features that require registration (“Restricted Areas”).  You are not required to register to use the Site, but may not be able to access some content without registration. At the time of registration for online account access, you will select a username and password to be used in conjunction with your account. You are responsible for maintaining the confidentiality of your password, and are fully responsible for all uses of your password, whether by you or others. You agree to (a) keep your password confidential and not share them with anyone else; (b) immediately notify BI&D of any unauthorized use of your password or account or any other breach of security; and (c) use only your password to access the Site’s Restricted Areas.  You acknowledge and agree that BI&D is authorized to act on instructions received through use of your password, and that BI&D may, but is not obligated to, deny access or block any transaction made through use of your password without prior notice if we believe your password is being used by someone other than you, or for any other reason. 4.  TERMINATION You agree that BI&D may, in its sole and absolute discretion and without notice or liability to you or any third party, immediately terminate your access to the Site or the Restricted Areas. Grounds for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other agreements or guidelines; (b) requests by law enforcement or government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification of the Site (or any part thereof); (e) unexpected technical or security issues or problems; and (f) extended periods of inactivity. 5.  OUR PROPRIETARY RIGHTS The Site is owned in its entirety by BI&D. All of the content featured or displayed on the Site, including, but not limited to, still images, text, pictorial works, video images, still images or video, graphic designs, audio recordings, multimedia combinations, and computer programs, including web-based programs (“Content”) is owned or licensed by BI&D. You agree: 1. That you may only download Content that BI&D designates as offered for download to any single computer, a single copy of any item of Content for personal and noncommercial use only. 2. Not to reproduce, re-publish, transmit, broadcast, copy, distribute, modify, enhance, distort, edit, alter, re-post or re-use, in any way, including, but not limited to, posting on another site (regardless of the server on which the Content is stored), or sell any Content in any manner or for any purpose, without specific written authorization from BI&D. 3. Not to use the Content in any way that would compromise the proprietary nature of the Content. Without limiting all of the foregoing, you agree not to deliver the Content itself, or any portion thereof, either reproduced or modified, or anything derived from the Content, either orally or in writing, as part of any seminar, training program, workshop, consulting, or similar activity, except with the prior written permission of BI&D. 4. To maintain any and all copyright or other proprietary notices contained in, embedded in or attached to any Content.   5. To refrain from framing or mirroring any portion of the Site.   6. These limited rights terminate automatically, without notice to you, if you breach any of these Terms.   6. EDUCATIONAL USE OF CONTENT   With respect to Content designated as available for download for educational purposes (“Downloadable Content”), teachers, students, support staff, administrators and other staff of educational institutions (“Students or Educators”) are authorized to download Downloadable Content to a personal computer or school server and print, reproduce, and distribute such Downloadable Content solely for use in educational settings and subject to the restrictions set forth below. The following restrictions apply to all Downloadable Content:   1. Students or Educators may not disseminate any Downloadable Content beyond the Student’s or Educator’s particular educational institution.   2. Under no circumstances may any Student or Educator use Downloadable Content for a commercial purpose.   3. Downloadable Content must always maintain unaltered credit, copyright, other proprietary notices and embedded links.   4. Students or Educators may make no modifications to Downloadable Content and must preserve all BI&D credits and copyright notices.   5. Under no circumstances may you download, make any copies of, forward to others or share any visual or sound depictions of any Student or any personally identifying information about any Student.   With respect to read-only Downloadable Content, no one, including a Student or Educator, is permitted to use or allow or enable the use of read-only Downloadable Content in a manner in which it is re-posted, framed, or mirrored on any other websites or computer networks, regardless of whether its predominant use is educational or not.   7. LINKS BI&D has no control over and is not responsible for the content of or claims made by websites, hyperlinks, or other services that may be linked to or from the Site, whether or not they may be affiliated with BI&D.  Any websites linked to or from the Site are for the user’s convenience only, and you access them at your own risk. 8. RELEASE BI&D assumes no responsibility for the accuracy, currency, completeness or usefulness of information, views, opinions or advice in any material contained on the Site.  In addition, BI&D does not endorse any opinions or recommendations posted by others.  Any information sent through the Site is the responsibility of the person or persons sending the message.  Any user who violates the Terms may be permanently banned from using the Site. All of the content featured or displayed on the Site, including, but not limited to, still images, text, pictorial works, video images, still images or video, graphic designs, audio recordings, multimedia combinations, and computer programs, including web-based programs (“User Content”). You understand that all User Content transmitted through or linked from the Site, are solely the responsibility of the user from whom such User Content originated. You understand that BI&D does not control, and is not responsible for User Content available on the Site.  You agree that BI&D does not pre-screen, monitor or approve any User Content, but that the Site thereof shall have the right, but not the obligation to remove, move, refuse, edit or delete any User Content for any reason whatsoever, including, but not limited to, that the User Content is unlawful, false, misleading, harmful, threatening, abusive, invasive of another’s privacy, harassing, defamatory, vulgar, obscene, hateful or racially or otherwise objectionable, including, but not limited to, material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation. BI&D shall not be responsible for any interaction between you and the other users of the Site. Your dealings with others through the Site are solely between you and such other parties. Under no circumstances will BI&D be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. BI&D reserves the right to discipline its users by any means available to it for inappropriate use, including, but not limited to, for sending messages that are unlawful, false, misleading, harmful, threatening, abusive, invasive of another’s privacy, harassing, defamatory, vulgar, obscene, hateful or racially or otherwise objectionable, including, but not limited to, material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation. BI&D further reserves the right to discipline its users by any means available for violations of these Terms, including, but not limited to, by terminating or suspending your access to the Site and/or taking civil or criminal legal action against you. You understand, acknowledge, and agree that your use of the Site may expose you to the civil or criminal liability and that BI&D reserves the right (but in no way is obligated to) to take legal action to the fullest extent of the law for any violation of these Terms and/or any violation of state or federal law. BI&D is under no obligation, however, to become involved in any conflicts or disagreements between you and other users of the Site or between you and any other third part(ies). Further, in the event that you are involved in a legal dispute (including, but not limited to, threatening, being threatened, or engaging in litigation) with any user of the Site, you understand, acknowledge, and agree that BI&D is under no obligation to become involved in any way, except as required by law. You agree to release BI&D from any and all claims, demands, and damages arising out of or in connection with such dispute. You further agree to defend, hold harmless, and indemnify BI&D for any claims (or alleged claims), allegations, or causes of actions against BI&D relating or arising out any dispute you may have with any user of the Site. You are entirely responsible and liable for any Content you send or that is sent through your user account. BI&D does not offer any credits or refunds, under any circumstance, in connection with your use of the Site. You understand, acknowledge, consent to, and agree that BI&D may access, preserve and disclose your account information and Content you upload, send, or otherwise make available on the Site if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) comply with legal requirements imposed by federal, state or local law or authorities; (iii) enforce these Terms; (iv) respond to claims that any Content violates the rights of third parties; (v) respond to your requests for customer service; or (vi) protect the rights, property or personal safety of the Site, its users and the public. 9. DISCLAIMER OF WARRANTIES YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. BI&D SHALL NOT BE RESPONSIBLE FOR ANY CONTENT OR USER CONTENT FOUND ON THE SITE. BI&D EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BI&D MAKES NO WARRANTY THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, WITHOUT DEFECT OR ERROR FREE. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL, AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 10. LIMITATION OF LIABILITY The Content and/or User Content available to you on the Site may contain errors and are subject to periods of interruption. While BI&D does its best to maintain the information, services and products it offers on the Site, it cannot be held responsible for any errors, defects, lost profits or other consequential damages arising from the use of the Site. EXCEPT AS PROHIBITED BY LAW, AND IN ADDITION TO THE PROVISIONS, COVENANTS, TERMS, CONDITIONS, AND AGREEMENTS CONTAINED IN PARAGRAPHS 8 AND 9 ABOVE, IN NO EVENT SHALL BI&D OR ITS AFFILIATES, OWNERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SPONSORS, SUPPLIERS, OR PARTNERS (COLLECTIVELY “INDEMNIFIED PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, ARISING FROM OR IN ANY WAY CONNECTED OR RELATING TO (i) THE USE OF (OR INABILITY TO USE), OR PERFORMANCE OF THE SITE; (ii) ANY INFORMATION, SERVICES, OR PRODUCTS PROVIDED THROUGH THE SITE; OR (iii) ANY INTERACTION BETWEEN YOU AND OTHER USERS AND/OR THIRD PARTIES OF THE SITE, EVEN IF ANY OF THE INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACCEPT ALL RESPONSIBILITY FOR, AND HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS THE INDEMNIFIED PARTIES FROM AND AGAINST, ANY ACTIONS TAKEN BY YOU OR BY ANY PERSON AUTHORIZED TO USE YOUR ACCOUNT, INCLUDING, BUT NOT LIMITED TO, DISCLOSURE OF PASSWORDS TO THIRD PARTIES. BY USING THE SITE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS, THE INDEMNIFIED PARTIES FROM ANY AND ALL LIABILITY REGARDING YOUR USE OF THE SITE OR PARTICIPATION IN ANY OF THE SITE’S ACTIVITIES. IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY PORTION THEREOF, OR DO NOT AGREE WITH THESE TERMS, YOUR ONLY RECOURSE AND EXCLUSIVE REMEDY SHALL BE TO STOP USING THE SITE. If, regardless of these Terms (including, but not limited to, this Limitation of Liability section), BI&D is found liable to you for any damage, including, but not limited to, any damage arising from or in connection with the Site, BI&D’s liability shall, under no circumstances and in no event, exceed $1.00.  The foregoing limitation may not apply to you in jurisdictions that do not provide for limitations of liability. If you are a California resident, you waive any rights you may have under California Civil Code § 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” 11. JURISDICTION AND CHOICE OF LAW These Terms shall be governed by, construed and enforced in accordance with the laws of the State of Illinois without regard to its choice of law provisions.  Any action you or any third party may bring to enforce these Terms, or in connection with any matters related to the Site, shall be brought only the United States District Court for the Northern District of Illinois (specifically, the division located in Chicago, Illinois), and you expressly consent to the jurisdiction of said court. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. 12. NOTIFICATION OF INFRINGEMENT If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the following information to BI&D: 1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2. A description of the copyrighted work that you claim has been infringed; 3. A description of where the material that you claim is infringing is located on the Site; 4. Your name, address, telephone number and e-mail address; 5. A signed statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law and that the infringing material is not a fair use of the copyrighted material; and 6. A statement by you, made under penalty of perjury, that the information provided in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright or intellectual property owner’s behalf. Our copyright agent can be reached as follows: Buckingham Interiors + Design 1820 West Grand Avenue Chicago, IL  60622 E-mail: webmaster@buckinghamid.com (Please put “Copyright Infringement” in the subject line) BI&D may, under appropriate circumstances and at BI&D’s sole right and discretion, disable and/or terminate the accounts of users who may be repeat infringers. 13  GENERAL These Terms (i.e. these Terms of Service together with the Privacy Policy) constitute the entire agreement between you and BI&D and govern your use of the Site, superseding any prior agreements between you and BI&D governing your use of the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software, or visit another website linked to by BI&D or the Site.  The section titles in these Terms are for convenience only and have no legal or contractual effect. Nothing contained in these Terms shall be deemed to constitute either a partnership, joint venture, or employee relationship, by you and BI&D and/or you and other user(s), for any purpose. You further understand, acknowledge, and agree that, except as otherwise provided in these Terms, there shall be no third party beneficiaries to these Terms. 14. VIOLATIONS Please report any violations (or suspected violations) of these Terms to: webmaster@buckinghamid.com. 15. SEVERANCE AND WAIVER You understand, acknowledge, and agree that if any provision of these Terms shall be found to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.  You further understand, acknowledge, and agree that, if any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision. BI&D’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by BI&D.