Welcome to Curtain Avenue. Throughout the site, the terms “we”, “us” and “our” refer to Curtain Avenue. By using and shopping via Curtain Avenue’s website(s), you accept these Conditions. In some instances, Product purchased through the website may be subject to additional policies, guidelines, terms, and agreements. In the event that such Terms are inconsistent with these Conditions, the Terms shall govern. Please read these Conditions carefully.
Applicable Laws
We make no representation that content included in any Curtain Avenue Page is appropriate or available for use in locations other than in the United States, and access to the website from territories where their content is illegal or prohibited. Those who choose to access the Curtain Avenue website from locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the content included in any Curtain Avenue website in violation of U.S. export laws and regulations.
Change of Terms
We may, at its sole discretion, revise or add new terms to these Conditions from time to time without notice to you. Such revisions and additions shall be deemed effective immediately upon notice, which may be given by any means, including, without limitation, by posting the revised Conditions on our website. You are responsible for reviewing for any modifications to these Conditions that may affect your rights or obligations. Any access or use of the product after changes to these Conditions will constitute your acceptance of the revised terms.
Orders and Pricing
We reserve the right to discontinue or change product specifications and prices without prior notice. Products are available while supplies last. Inadvertent errors in advertised prices are not binding on us, and may be adjusted by any time. You’re placing an order and your receipt of an order confirmation does not constitute final acceptance of an order. Certain information may need to be confirmed prior to accepting your order. Your order, or any portion thereof, may be declined even after your receipt of an order confirmation.
Content
Copyright in the documents and material on the Curtain Avenue website is owned by or licensed to Curtain Avenue website. You are authorized to use this material only for personal, non-commercial purposes. You may download, print, and store copies of this material for your own personal, non-commercial use. The images of people or places displayed on the website are either the property of, or used with permission of the website. The uses of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Conditions or specific permission is provided elsewhere on the website. Any unauthorized use of these images may violate copyright laws, trademark laws, the laws of privacy and publicity, and regulations and statutes governing communications. Nothing contained in the Curtain Avenue should be construed as granting, by implication or otherwise, any license or right to use any trademark or service mark displayed on the website without the written permission of us or any third party that may own such trademarks or service marks. We will aggressively enforce its intellectual property rights to the fullest extent of the law.
Submissions
All the information, ideas, suggestions, or other communications you transmit to us concerning the materials contained in the website will be on a non-confidential and non-proprietary basis, subject to the provisions of our Privacy Policy, when relevant. Website and its parent, subsidiaries and affiliates will be free to reproduce, use, disclose, and distribute such communications without limitation or obligation. You may also post reviews, comments, photos, and other content, provided that such content is not threatening, obscene, defamatory, an invasion of privacy, an infringement of intellectual property rights, or otherwise objectionable or likely to infringe upon the rights of third parties.
For all of the content that you post or submit to the website, you grant us a perpetual, irrevocable, nonexclusive, royalty-free, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world through any media, including, but not limited to, the broadcast of such content on television. You grant us and our sub-licensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or control all of the rights to the content that you submit, that the content is accurate, that use of the content you supply will not violate these Conditions and will not cause injury to any person or entity, and that you will indemnify Curtain Avenue for all claims resulting from any content that you supply. We have the right but not the obligation to monitor any activity and to edit or remove any content. We take no responsibility and assume no liability for any content posted by you or by any third party.
Links to Other Sites and Services
Links to other Internet sites and services operated by third parties, including our vendors, do not constitute sponsorship, endorsement, or approval by the content, policies, or practices of such linked sites or services. Curtain Avenue is not responsible for the availability, content, security, policies, or practices of linked sites or services, including, without limitation, the accuracy of content on linked sites or services and the privacy policies and practices of linked sites and services.
Electronic Communications
When you access or use the website Services, send e-mails to us, or receive electronic communications from us, you are, and consent to, communicating with the website electronically. We may communicate with you by e-mail or by posting notices on one or more of the websites. You agree that all notices, disclosures, agreements, policies, and other communications that website provides to you electronically satisfy any requirement that such communications be in writing.
Mobile Services
We may include certain services that you may access through your mobile phone or other mobile device, including services that allow you to use your mobile device to place orders, receive and reply to messages from websites , and access certain other features (collectively, the “Mobile Services”). We do not charge for Mobile Services. However, when you access or sign up for Mobile Services, you recognize, acknowledge, and understand that you may incur charges by your wireless carrier for all messages sent to you from us , its parent companies, or any of its corporate affiliates or subsidiaries. Standard messaging rates will apply, unless noted otherwise. Under no circumstances will, its parent companies, or any of its corporate affiliates or subsidiaries, be responsible for any wireless e-mail, text messaging, or other charges incurred by you or by any individual who has access to your wireless device, telephone number, or e-mail address. Downloading, installing, using, or accessing certain Mobile Services may be prohibited or restricted by your mobile service provider, and not all Mobile Services may work with your device. You are responsible for confirming with your service provider whether the Mobile Services are available for your mobile device, whether any restrictions may be applicable to your use of the Mobile Services, and whether any charges may apply to your use of the Mobile Services. Note that premium charges may be applied on a one-time and/or a recurring basis and may be charged to you on your regular bill or deducted from any prepaid balances. By using the Mobile Services, you agree that we may communicate with you through your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. If you change or deactivate your mobile telephone or other access number, you agree to promptly update your mobile subscription account information to ensure that the messages intended to send to you are not sent to another person.
Indemnification
You agree to defend, indemnify, and hold harmless Website and its parents, affiliates, and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Conditions or your access to or use of the Website Services.
Your Access to Curtain Avenue Services
When you use the Website Services, you agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of, and purchase of products and services through, the Website Services. You are responsible for maintaining the confidentiality of any passwords or usernames and for restricting access to your account, if any, and you agree to accept responsibility for all activities that occur under your account, username, or password. We sell products, including children’s products, to adults only, who can purchase products with a credit card or other permitted payment method. If you are under 18, you may use the website only with the involvement of a parent or guardian. We reserve the right, at its sole discretion, to refuse service, remove or edit content, cancel orders, or terminate accounts for any or all of the Website Services. In the event that we deny you access to one or more website Services, the provisions in these Conditions governing any copyright and other intellectual property rights, and the disclaimers, indemnities, and limitations of liabilities set forth in these Conditions shall survive such termination.
Miscellaneous
These Conditions contain the entire understanding of you and website with respect to the subject matter hereof and supersedes all prior agreements and understandings between you and us with respect to the subject matter hereof. The failure of services at any time to enforce any of the provisions of these Conditions will not be deemed or construed to be a waiver of any such provisions, or in any way to affect the right of the website to thereafter enforce each and every provision of these Conditions. No waiver by us of any breach of any provision of these Conditions will be construed or deemed to be a waiver of any other subsequent breach. If any provision of these Conditions is declared invalid or otherwise determined to be unenforceable for any reason, such provision will be deemed to be severable from the remaining provisions of these Conditions, which will otherwise remain in full force and effect. Provisions concerning your rights and obligations which by the content of the provision operate after termination or which are necessary to enforce any right will survive any termination or expiration of these Conditions. These Conditions will be governed by and construed following the internal laws of the State of New York without regard to conflict of laws principles. Any suit brought under or in connection with these Conditions may be brought only in the courts of the State of New York.
