Terms & Conditions for Design Wish Genie

DISCLAIMER

***PLEASE NOTE THAT DESIGN WISH GENIE IS A PROFESSIONAL VIRTUAL DESIGN SERVICE BASED ON EXPERT OPINIONS, SUGGESTIONS AND DESIGN ADVICE. LIABILITY IS LIMITED AS PER THE TERMS OF USE BELOW.

***SERVICE PAYMENTS ARE NON-REFUNDABLE.

***By booking the DESIGN WISH GENIE "MAGIC CARPET RIDE" you willingly acknowledge and grant YVETTE IRENE LLC/DESIGN WISH GENIE the right and permission to record all video calls as per Section 3 of the privacy policy below.

 

Terms of Use

DESIGN WISH GENIE – TERMS OF USE

GENERAL PROVISIONS/ACCEPTANCE

This website (“Website”) is comprised of various webpages owned and operated by Yvette Irene LLC/Design Wish Genie (“Design Wish Genie”).  Your use of the Website is subject to these terms of use (“Terms of Use”), a legally binding agreement between you and Design Wish Genie.  By using the Website, you acknowledge that you have read, understand and agree to be bound by the Terms of Use.  The Terms of Use also includes the privacy policy found below and incorporated herein by this reference.

PLEASE READ THE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

USE OF SITE CONTENT

All content on the Website, including but not limited to designs, text, graphics, pictures, video, information, applications, software, music, sound, video and other files, and their selection and arrangement together with the trademarks, service marks and logos contained therein (the “Site Content”), is owned by or licensed to Design Wish Genie, with all rights reserved and subject to and protected by copyright and other intellectual property rights under law. The Site Content is provided to you “AS IS” for your personal and informational use. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Design Wish Genie’s prior written permission. You are granted a limited, revocable, non-transferable license to access and use the Website and the Site Content solely for your personal use. The aforementioned license is subject to the Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. The aforementioned license is revocable at any time without notice and with or without cause.

You may not upload, extract, republish or otherwise use any Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation. Any use of the Website or the Site Content other than as specifically authorized herein, without the prior written permission of Design Wish Genie, is strictly prohibited and will terminate the rights and licenses granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in the Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.

THIRD PARTY WEBSITES

The Website may contain links to other websites or make use of third party services or sites (“Third Party Sites”).  Among the Third Party Sites that you may find links to on this Website may include Design Wish Genie’s business partners. No Third Party Sites are under the control of Design Wish Genie, and Design Wish Genie is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements contained on or in control of any such Third Party Sites. Such Third Party Sites are subject to their own terms of use and/or other relevant rules that apply to them and your visit to them is entirely at your own risk.

PROTECTING YOUR PRIVACY

Design Wish Genie is committed to your privacy. See the Website’s Privacy Policy below.

LIMITATION OF LIABILITY

Under no circumstances, including, but not limited to, negligence, shall Design Wish Genie be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Site Content or services rendered. You specifically acknowledge and agree that Design Wish Genie is not liable for any defamatory, offensive or illegal conduct of any user. If you are dissatisfied with the Design Wish Genie service, or with any of Design Wish Genie's terms and conditions, your sole and exclusive remedy is to discontinue using Design Wish Genie.

GOVERNING LAW

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New Jersey without giving effect to any principles or conflicts of law.  With respect to any disputes or claims arising out of these Terms of Use, you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of located in Weehawken, New Jersey, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Weehawken, New Jersey.

If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

CHANGES TO TERMS OF USE

Design Wish Genie may change or modify the Terms of Use at any time without further notice.  The date at the top of this Terms of Use page indicates when it was last revised. Your continued use of the Website after any change or modification constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future versions of the Terms of Use, do not use or access (or continue to use or access) the Website.

 

Privacy Policy

 

DESIGN WISH GENIE – PRIVACY POLICY

 

1. Introduction

 

Yvette Irene LLC/Design Wish Genie (“Design Wish Genie”) respects and is committed to protecting your privacy.

This Privacy Policy (“Privacy Policy”), together with Design Wish Genie’s Terms and Conditions, explains how Design Wish Genie uses your personal information and data collected from the Website and your rights in respect of such information and data.  Capitalized terms that are used in this Privacy Policy have the same meanings given to them in the Terms and Conditions.

 

2. Personal Information

When using the Design Wish Genie site, Design Wish Genie may collect personal information for communication purposes (advising you on design ideas and suggestions).   In addition, Design Wish Genie’s Website (as discussed below in section 4) may use cookies and other technologies to keep track of your interactions with the Design Wish Genie website and services to offer a personalized experience.

3. Uses of Information

Design Wish Genie solely collects and uses your information to guide you in your design options.  Design Wish Genie does not sell, rent, or lease its customer lists to third parties.  You expressly acknowledge and agree to being recorded in order to receive Design Wish Genie virtual video services and hereby grant Design Wish Genie the nonexclusive use in perpetuity of your likeness, voice and concepts for Design Wish Genie promotions at its sole discretion. Design Wish Genie employs Shopify (www.shopify.com), an ecommerce software product, to collect credit card information through the Website and communicate with those who provide such information.  

4. Tracking Software and Cookies

Design Wish Genie may use tracking software to help analyze your use of the Website.  Such analytical tools may use cookies which are text files placed on your computer’s hard drive that collect certain information and data about your use of the Website, such as your IP address, browser type, the time and length of your visit, the pages of the Website you visit and other relevant data of that nature. 

Most internet browsers allow you to erase cookies and tracking software from your computer’s hard drive, receive a warning before they are stored, or to turn off the cookie or tracking software altogether. If you want to know how to do this please refer to your browser instructions or help screen, but please be aware that if you refuse cookies or tracking software it may lead to a decreased level of functionality of the Website.

Among the tracking software tools that Design Wish Genie may use on its Website include Google Analytics, a web analytics service provided by Google, Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043), You can find further information here: http://www.google.com/intl/en/analytics/privacyoverview.html.

5. Disclosure of Information

Design Wish Genie may from time to time employ other companies and individuals to carry out functions on its behalf including delivering services, providing marketing assistance, analyzing data and enforcing the Terms and Conditions. In order to carry out their functions these companies and individuals may require access to your personal information but Design Wish Genie shall only disclose such relevant personal information as is needed by them to perform their functions. Where requested to do so, Design Wish Genie may co-operate with any court, tribunal, regulatory body, police authority or other similar authority in any investigations or proceedings concerning you or your use of the Website.  This may include disclosing information about communications transmitted via the Services to the authorities where required.

While Design Wish Genie takes measures to safeguard the personal information that you provide, no transmission over the Internet can be guaranteed secure. Accordingly, please note that Design Wish Genie cannot guarantee the security of any personal information that you provide as part of your use of the Website.