- Description of Service
Carousel Designs, LLC is providing Member with baby bedding and décor products to purchase online, ideas and information related to these products, as well as the ability to create custom bedding and products. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.
- Disclaimer of Warranties.
The site is provided by Carousel Designs, LLC on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Carousel Designs, LLC makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Carousel Designs, LLC shall have no liability for any interruptions in the use of this Website. Carousel Designs, LLC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion may not apply to some Members.
- Limitation of Liability
Carousel Designs, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR CAROUSEL DESIGNS, LLC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF CAROUSEL DESIGNS, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO SOME MEMBERS.
Member agrees to indemnify and hold Carousel Designs, LLC, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
- Modifications and Interruption to Service
Carousel Designs, LLC reserves the right to modify or discontinue the Service with or without notice to the Member. Carousel Designs, LLC shall not be liable to Member or any third party should Carousel Designs, LLC exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Carousel Designs, LLC does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
- Third-Party Sites
- Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Carousel Designs, LLC makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Carousel Designs, LLC makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
- Governing Jurisdiction of the Georgia Courts
- Compliance with Laws.
Member is responsible for compliance with all applicable laws and regulations. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
- Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, products, collections, custom designs, custom bedding, and the selection and arrangements thereof is ©2009 Carousel Designs, LLC or is the property of Carousel Designs, LLC and/or third parties, with all rights reserved.
Member is provided with access to the content on this site and permission to edit or modify the content on this site to allow Member to create custom bedding and other products. Member and Carousel Designs agree that these custom bedding and other products are Derivative Works, as that term is used in U.S. Copyright law. Member’s permission to prepare Derivative Works is conditioned on (1) Member’s agreement not to use the Derivative Works as or as part of commercial products or to promote commercial products; (2) Member’s agreement that Carousel Designs shall be sole owner of the copyright in all such Derivative Works. Member acknowledges that these conditions are material terms of this Agreement, and Member hereby agrees to these conditions.
For purposes of this Agreement any product for which less than ___ copies are made shall be considered a non-commercial product.
Any use of materials on the website, including reproduction, replication, or modification for purposes other than creation of non-commercial products, distribution, or any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Carousel Designs, LLC is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Carousel Designs, LLC.
Carousel Designs™ and babybedding.com™ are proprietary marks of Carousel Designs, LLC. Carousel Designs, LLC’s trademarks may not be used without prior written permission of an authorized officer of Carousel Designs, LLC.
All other trademarks displayed on Carousel Designs, LLC’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Carousel Designs, LLC.
- Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Carousel Designs, LLC designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
Carousel Designs, LLC
11861 Veterans Memorial Hwy
Douglasville, GA 30134-4574
Carousel Designs, LLC retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, Carousel Designs, LLC reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.
- Other Terms
Gift Certificates must be redeemed through the Carousel Designs website, www.babybedding.com toward the purchase of eligible products. Purchases are deducted from the Gift Certificate balance. Any unused balance will be placed in the recipient's Gift Certificate account when redeemed. If an order exceeds the amount of the Gift Certificate, the balance must be paid with a credit card or other available payment method.
- Our Policies
Gift Certificates cannot be used to purchase other Gift Certificates. Gift Certificates cannot be redeemed for cash, resold, reloaded, transferred for value, or applied to any other account, except to the extent required by law. Unused balances on a Carousel Designs Gift Certificate may not be transferred.
- Risk of Loss
The risk of loss and title for Gift Certificates pass to the purchaser upon our electronic transmission to the purchaser, recipient or delivery to the carrier, whichever is applicable. We are not responsible if a Gift Certificate is lost, stolen, destroyed or used without your permission.
Without limiting other remedies available to Carousel Designs, Carousel Designs will have the right to close customer accounts and request alternative forms of payment if a fraudulently obtained Gift Certificate is redeemed and/or used to make purchases on the Carousel Designs website.
- Limitation of Liability
CAROUSEL DESIGNS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute arising from or relating to this Agreement shall be adjudicated in any state or federal court in Douglas County, Georgia, and you consent to exclusive jurisdiction and venue in such courts.
Any dispute arising from or relating to this Agreement shall be decided by binding arbitration according to the rules of the American Arbitration Association before a single arbitrator in Douglas County, Georgia – except that either party may seek injunctive relief for violation of their intellectual property rights solely in the state or federal courts having jurisdiction over Douglas County, Georgia, and each party consents to the jurisdiction and venue of such courts.
- General Terms
When you purchase, receive or redeem a Carousel Designs Gift Certificate, you agree that the laws of the State of Georgia, without regard to principles of conflict of laws, will govern these Gift Certificate terms and conditions. Carousel Designs reserves the right to change these terms and conditions from time to time in its discretion. All terms and conditions are applicable to the extent permitted by law.