TERMS AND CONDITIONS

Last updated July 07, 2021

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you,
whether personally or on behalf of an entity (“you”), and 3DSKY DECOR HELPER
(“Company”, “we”, “us”, or “our”), concerning your access to and use of the
https://3dskyfree.com/ website as well as any other media form, media
channel, mobile website, or mobile application related, linked, or otherwise
connected thereto (collectively, the “Site”). We are registered in US and have
our registered office at 1060 Broadway, Denver, CO 80203. You agree that by accessing the Site, you have read, understood,
and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE
WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY
PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE
IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site
from time to time are hereby expressly incorporated herein by reference. We
reserve the right, in our sole discretion, to make changes or modifications to these
Terms of Use from time to time. We will alert you about any changes by updating
the “Last Updated” date of these Terms of Use, and you waive any right to receive
specific notice of each such change. Please ensure that you check the applicable
Terms every time you use our Site so that you understand which Terms apply. You
will be subject to and will be deemed to have been made aware of and to have
accepted, the changes in any revised Terms of Use by your continued use of the
Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by
any person or entity in any jurisdiction or country where such distribution or use
would be contrary to law or regulation or which would subject us to any registration
the requirement within such jurisdiction or country. Accordingly, those persons who
choose to access the Site from other locations do so on their own initiative and are
solely responsible for compliance with local laws, if and to the extent local laws are
applicable.
The Site is not tailored to comply with industry-specific regulations (Health
Insurance Portability and Accountability Act (HIPAA), Federal Information Security
Management Act (FISMA), etc.), so if your interactions would be subjected to such
laws, you may not use this Site. You may not use the Site in a way that would
violate the Gramm-Leach-Bliley Act (GLBA).
All users who are minors in the jurisdiction in which they reside (generally under
the age of 18) must have the permission of, and be directly supervised by, their
parent or guardian to use the Site. If you are a minor, you must have your parent
or guardian read and agree to these Terms of Use before you use the Site.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property, and all source code, databases, functionality, software, website designs, audio, video, text,
photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned
or controlled by us or licensed to us, and are protected by copyright and trademark
laws and various other intellectual property rights and unfair competition laws of
the United States, international copyright laws, and international conventions. The
Content and the Marks are provided on the Site “AS IS” for your information and
personal use only. Except as expressly provided in these Terms of Use, no part of
the Site and no Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise exploited for any commercial
purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to
access and use the Site and to download or print a copy of any portion of the
Content to which you have properly gained access solely for your personal, noncommercial use. We reserve all rights not expressly granted to you in and to the
The site, the Content, and the Marks.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) all registration information
you submit will be true, accurate, current, and complete; (2) you will maintain the
accuracy of such information and promptly update such registration information as
necessary; (3) you have the legal capacity and you agree to comply with these
Terms of Use; (4) you are not a minor in the jurisdiction in which you reside, or if a
minor, you have received parental permission to use the Site; (5) you will not
access the Site through automated or non-human means, whether through a bot,
the script, or otherwise; (6) you will not use the Site for any illegal or unauthorized
purpose; and (7) your use of the Site will not violate any applicable law or
regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete,
we have the right to suspend or terminate your account and refuse any
current or future use of the Site (or any portion thereof).

USER REGISTRATION

You may be required to register with the Site. You agree to keep your password
confidential and will be responsible for all use of your account and password. We
reserve the right to remove, reclaim, or change a username you select if we
determine, in our sole discretion, that such username is inappropriate, obscene, or
otherwise objectionable.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we
make the Site available. The Site may not be used in connection with any
commercial endeavors except those that are specifically endorsed or approved by
us.
As a user of the Site, you agree not to:
1. Systematically retrieve data or other content from the Site to create or
compile, directly or indirectly, a collection, compilation, database, or directory
without written permission from us.
2. Trick, defraud, or mislead us and other users, especially in any attempt to
learn sensitive account information such as user passwords.
3. Circumvent, disable, or otherwise interfere with security-related features of
the Site, including features that prevent or restrict the use or copying of any
Content or enforce limitations on the use of the Site and/or the Content
contained therein.
4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
5. Use any information obtained from the Site in order to harass, abuse, or
harm another person.
6. Make improper use of our support services or submit false reports of abuse
or misconduct.
7. Use the Site in a manner inconsistent with any applicable laws or
regulations.
8. Engage in unauthorized framing of or linking to the Site.

9. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital letters and
spamming (continuous posting of repetitive text), that interferes with any party’s
uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts,
alters, or interferes with the use, features, functions, operation, or maintenance
of the Site.
10. Engage in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools.
11. Delete the copyright or other proprietary rights notice from any Content.
12. Attempt to impersonate another user or person or use the username of
another user.
13. Upload or transmit (or attempt to upload or to transmit) any material that
acts as a passive or active information collection or transmission mechanism,
including without limitation, clear graphics interchange formats (“gifs”), 1×1
pixels, web bugs, cookies, or other similar devices (sometimes referred to as
“spyware” or “passive collection mechanisms” or “PCM”).
14. Interfere with, disrupt, or create an undue burden on the Site or the
networks or services connected to the Site.
15. Harass, annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Site to you.
16. Attempt to bypass any measures of the Site designed to prevent or restrict
access to the Site, or any portion of the Site.
17. Copy or adapt the Site’s software, including but not limited to Flash, PHP,
HTML, JavaScript, or other code.
18. Except as permitted by applicable law, decipher, decompile, disassemble,
or reverse engineer any of the software comprising or in any way making up a
part of the Site.
19. Except as may be the result of the standard search engine or Internet browser
usage, use, launch, develop, or distribute any automated system, including
without limitation, any spider, robot, cheat utility, scraper, or offline reader that
accesses the Site, or using or launching any unauthorized script or other
software.
20. Use a buying agent or purchasing agent to make purchases on the Site.
21. Make any unauthorized use of the Site, including collecting usernames
and/or email addresses of users by electronic or other means for the purpose
of sending unsolicited email, or creating user accounts by automated means or
under false pretenses.
22. Use the Site as part of any effort to compete with us or otherwise use the
The site and/or the Content for any revenue-generating endeavor or commercial
enterprise.

USER-GENERATED CONTRIBUTIONS

The Site may invite you to chat, contribute to, or participate in blogs, message
boards, online forums, and other functionality, and may provide you with the
opportunity to create, submit, post, display, transmit, perform, publish, distribute, or
broadcast content and materials to us or on the Site, including but not limited to
text, writings, video, audio, photographs, graphics, comments, suggestions, or
personal information or other material (collectively, “Contributions”). Contributions
may be viewable by other users of the Site and through third-party websites. As
such, any Contributions you transmit may be treated as non-confidential and nonproprietary. When you create or make available any Contributions, you thereby
represent and warrant that:
1. The creation, distribution, transmission, public display, or performance, and
the accessing, downloading, or copying of your Contributions do not and will
not infringe the proprietary rights, including but not limited to the copyright,
patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights,
consents, releases, and permissions to use and to authorize us, the Site, and
other users of the Site to use your Contributions in any manner contemplated
by the Site and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or likeness
of each and every such identifiable individual person to enable inclusion and
use of your Contributions in any manner contemplated by the Site and these
Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.

5. Your Contributions are not unsolicited or unauthorized advertising,
promotional materials, pyramid schemes, chain letters, spam, mass mailings,
or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libelous, slanderous, or otherwise objectionable (as determined by
us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone.
8. Your Contributions are not used to harass or threaten (in the legal sense of
those terms) any other person and to promote violence against a specific
person or class of people.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third
party.
11. Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of
minors.
12. Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or physical
handicap.
13. Your Contributions do not otherwise violate, or link to material that violates
any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and
may result in, among other things, termination or suspension of your rights to use
the Site.

CONTRIBUTION LICENSE

By posting your Contributions to any part of the Site or making Contributions
accessible to the Site by linking your account from the Site to any of your social
networking accounts, you automatically grant, and you represent and warrant that
you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to
host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle,
archive, store, cache, publicly perform, publicly display, reformat, translate,
transmit, excerpt (in whole or in part), and distribute such Contributions (including,
without limitation, your image and voice) for any purpose, commercial, advertising,
or otherwise, and to prepare derivative works of, or incorporate into other works,
such Contributions, and grant and authorize sublicenses of the foregoing. The use
and distribution may occur in any media format and through any media channel.
This license will apply to any form, media, or technology now known or hereafter
developed, and includes our use of your name, company name, and franchise
name, as applicable, and any of the trademarks, service marks, trade names,
logos, and personal and commercial images you provide. You waive all moral
rights in your Contributions, and you warrant that moral rights have not otherwise
been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership
of all of your Contributions and any intellectual property rights or other proprietary
rights associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the Site. You
are solely responsible for your Contributions to the Site and you expressly agree
to exonerate us from any and all responsibility and to refrain from any legal action
against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or
otherwise, change any Contributions; (2) to re-categorize any Contributions to
place them in more appropriate locations on the Site; and (3) to pre-screen or
delete any Contributions at any time and for any reason, without notice. We have
no obligation to monitor your Contributions.

GUIDELINES FOR REVIEWS

We may provide you areas on the Site to leave reviews or ratings. When posting a
review, you must comply with the following criteria: (1) you should have firsthand
experience with the person/entity being reviewed; (2) your reviews should not
contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race,
gender, national origin, age, marital status, sexual orientation, or disability; (4) your
reviews should not contain references to illegal activity; (5) you should not be
affiliated with competitors if posting negative reviews; (6) you should not make any
conclusions as to the legality of conduct; (7) you may not post any false or
misleading statements; and (8) you may not organize a campaign encouraging
others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews at our sole discretion. We have
absolutely no obligation to screen reviews or to delete reviews, even if anyone
considers reviews objectionable or inaccurate. Reviews are not endorsed by us
and do not necessarily represent our opinions or the views of any of our affiliates
or partners. We do not assume liability for any review or for any claims, liabilities,
or losses resulting from any review. By posting a review, you hereby grant to us a
perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and
sublicensable right and license to reproduce, modify, translate, transmit by any
means, display, perform, and/or distribute all content relating to reviews.

SOCIAL MEDIA

As part of the functionality of the Site, you may link your account with online
accounts you have with third-party service providers (each such account, a “ThirdParty Account”) by either: (1) providing your Third-Party Account login information
through the Site; or (2) allowing us to access your Third-Party Account, as is
permitted under the applicable terms and conditions that govern your use of each
Third-Party Account. You represent and warrant that you are entitled to disclose
your Third-Party Account login information to us and/or grant us access to your
Third-Party Account, without breach by you of any of the terms and conditions that
govern your use of the applicable Third-Party Account, and without obligating us to
pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any
Third-Party Accounts, you understand that (1) we may access, make available,
and store (if applicable) any content that you have provided to and stored in your
Third-Party Account (the “Social Network Content”) so that it is available on and
through the Site via your account, including without limitation any friend lists and
(2) we may submit to and receive from your Third-Party Account additional
information to the extent you are notified when you link your account with the
Third-Party Account. Depending on the Third-Party Accounts you choose and
subject to the privacy settings that you have set in such Third-Party Accounts,
personally identifiable information that you post to your Third-Party Accounts may
be available on and through your account on the Site. Please note that if a ThirdParty Account or associated service becomes unavailable or our access to such
Third-Party Account is terminated by the third-party service provider, then Social
Network Content may no longer be available on and through the Site. You will
have the ability to disable the connection between your account on the Site and
your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR
RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS
ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY
BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
We make no effort to review any Social Network Content for any purpose,
including but not limited to, for accuracy, legality, or non-infringement, and we are
not responsible for any Social Network Content. You acknowledge and agree that
we may access your email address book associated with a Third-Party Account
and your contacts list stored on your mobile device or tablet computer solely for
purposes of identifying and informing you of those contacts who have also
registered to use the Site. You can deactivate the connection between the Site and
your Third-Party Account by contacting us using the contact information below or
through your account settings (if applicable). We will attempt to delete any
information stored on our servers that was obtained through such Third-Party
Account, except the username and profile picture that become associated with
your account.

SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas,
feedback, or other information regarding the Site (“Submissions”) provided by you
to us are non-confidential and shall become our sole property. We shall own
exclusive rights, including all intellectual property rights, and shall be entitled to the
unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You
hereby waive all moral rights to any such Submissions, and you hereby warrant
that any such Submissions are original with you or that you have the right to
submit such Submissions. You agree there shall be no recourse against us for any
alleged or actual infringement or misappropriation of any proprietary right in your
Submissions.

THIRD-PARTY WEBSITE AND CONTENT

The Site may contain (or you may be sent via the Site) links to other websites
(“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures,
designs, music, sound, video, information, applications, software, and other
content or items belonging to or originating from third parties (“Third-Party
Content”). Such Third-Party Websites and Third-Party Content are not
investigated, monitored, or checked for accuracy, appropriateness, or
completeness by us, and we are not responsible for any Third-Party Websites
accessed through the Site or any Third-Party Content posted on, available
through, or installed from the Site, including the content, accuracy, offensiveness,
opinions, reliability, privacy practices, or other policies of or contained in the ThirdParty Websites or the Third-Party Content. Inclusion of, linking to, or permitting the
use or installation of any Third-Party Websites or any Third-Party Content does not
imply approval or endorsement thereof by us. If you decide to leave the Site and
access the Third-Party Websites or to use or install any Third-Party Content, you
do so at your own risk, and you should be aware these Terms of Use no longer
govern. You should review the applicable terms and policies, including privacy and
data gathering practices, of any website to which you navigate from the Site or
relating to any applications you use or install from the Site. Any purchases you
make through Third-Party Websites will be through other websites and from other
companies and we take no responsibility whatsoever in relation to such
purchases that are exclusively between you and the applicable third party. You
agree and acknowledge that we do not endorse the products or services offered
on Third-Party Websites and you shall hold us harmless from any harm caused by
your purchase of such products or services. Additionally, you shall hold us
harmless from any losses sustained by you or harm caused to you relating to or
resulting in any way from any Third-Party Content or any contact with Third-Party
Websites.

ADVERTISERS

We allow advertisers to display their advertisements and other information in
certain areas of the Site, such as sidebar advertisements or banner
advertisements. If you are an advertiser, you shall take full responsibility for any
advertisements you place on the Site and any services provided on the Site or
products sold through those advertisements. Further, as an advertiser, you warrant
and represent that you possess all rights and authority to place advertisements on
the Site, including, but not limited to, intellectual property rights, publicity rights,
and contractual rights. We simply provide the space to place such advertisements,
and we have no other relationship with advertisers.

SITE MANAGEMENT

We reserve the right, but not the obligation, to (1) monitor the Site for violations of
these Terms of Use; (2) take appropriate legal action against anyone who, in our
sole discretion violates the law or these Terms of Use, including without limitation,
reporting such users to law enforcement authorities; (3) in our sole discretion and
without limitation, refuse, restrict access to, limit the availability of, or disable (to
the extent technologically feasible) any of your Contributions or any portion
thereof; (4) in our sole discretion and without limitation, notice, or liability, to
remove from the Site or otherwise disable all files and content that are excessive
in size or are in any way burdensome to our systems; and (5) otherwise manage
the Site in a manner designed to protect our rights and property and to facilitate
the proper functioning of the Site.

PRIVACY POLICY

We care about data privacy and security. Please review our Privacy
Policy: https://3dskyfree.com/privacy-policy/. By using the Site, you agree
to be bound by our Privacy Policy, which is incorporated into these Terms of Use.
Please be advised the Site is hosted in Singapore. If you access the Site from any
another region of the world with laws or other requirements governing personal data
collection, use, or disclosure that differ from applicable laws in Singapore, then
through your continued use of the Site, you are transferring your data to
Singapore, and you agree to have your data transferred to and processed in
Singapore.

COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any
material available on or through the Site infringes upon any copyright you own or
control, please immediately notify us using the contact information provided below
(a “Notification”). A copy of your Notification will be sent to the person who posted
or stored the material addressed in the Notification. Please be advised that
pursuant to applicable law you may be held liable for damages if you make
material misrepresentations in a Notification. Thus, if you are not sure that material
located on or linked to by the Site infringes your copyright, you should consider
first contacting an attorney.

TERM AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR
ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR
BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE
SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION
THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed
name, or the name of any third party, even if you may be acting on behalf of the
third party. In addition to terminating or suspending your account, we reserve the
right to take appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any
time or for any reason at our sole discretion without notice. However, we have no
obligation to update any information on our Site. We also reserve the right to
modify or discontinue all or part of the Site without notice at any time. We will not
be liable to you or any third party for any modification, price change, suspension,
or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to
the Site, resulting in interruptions, delays, or errors. We reserve the right to
change, revise, update, suspend, discontinue, or otherwise modify the Site at any
time or for any reason without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your inability to
access or use the Site during any downtime or discontinuance of the Site. Nothing
in these Terms of Use will be construed to obligate us to maintain and support the
Site or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms shall be governed by and defined following the laws of Vietnam.
3DSKY DECOR HELPER and yourself irrevocably consent that the courts of Vietnam shall have exclusive jurisdiction to resolve any dispute which may arise in
connection with these terms.

DISPUTE RESOLUTION

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim
related to these Terms of Use (each “Dispute” and collectively, the “Disputes”)
brought by either you or us (individually, a “Party” and collectively, the “Parties”),
the Parties agree to first attempt to negotiate any Dispute (except those Disputes
expressly provided below) informally for at least thirty (30) days before initiating
arbitration. Such informal negotiations commence upon written notice from one
Party to the other Party.

Binding Arbitration

Any dispute arising out of or in connection with this contract, including any
question regarding its existence, validity, or termination, shall be referred to and
finally resolved by the International Commercial Arbitration Court under the
European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according
to the Rules of this ICAC, which, as a result of referring to it, is considered as the
part of this clause. The number of arbitrators shall be three (3). The seat, or legal
place, of arbitration, shall be Da Nang, Vietnam. The language of the proceedings
shall be Vietnamese. The governing law of the contract shall be the substantive
law of Vietnam.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the
Parties individually. To the full extent permitted by law, (a) no arbitration shall be
joined with any other proceeding; (b) there is no right or authority for any Dispute
to be arbitrated on a class-action basis or to utilize class action procedures; and
(c) there is no right or authority for any Dispute to be brought in a purported
representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above
provisions concerning informal negotiations and binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the validity of, any of the
intellectual property rights of a Party; (b) any Dispute related to, or arising from,
allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any
claim for injunctive relief. If this provision is found to be illegal or unenforceable,
then neither Party will elect to arbitrate any Dispute falling within that portion of this
a provision found to be illegal or unenforceable and such Dispute shall be decided
by a court of competent jurisdiction within the courts listed for jurisdiction above,
and the Parties agree to submit to the personal jurisdiction of that court.

CORRECTIONS

There may be information on the Site that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability, and various
other information. We reserve the right to correct any errors, inaccuracies, or
omissions and to change or update the information on the Site at any time, without
prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT
YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH
THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY
DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO
OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4)
ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY
BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY,
AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND
MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY
THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR
MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER
ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND
ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH
THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR
IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE
DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR
OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and employees, from
and against any loss, damage, liability, claim, or demand, including reasonable
attorneys’ fees and expenses, made by any third party due to or arising out of: (1)
your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any
breach of your representations and warranties set forth in these Terms of Use; (5)
your violation of the rights of a third party, including but not limited to intellectual
property rights; or (6) any overt harmful act toward any other user of the Site with
whom you connected via the Site. Notwithstanding the foregoing, we reserve the
right, at your expense, to assume the exclusive defense and control of any matter
for which you are required to indemnify us, and you agree to cooperate, at your
expense, with our defense of such claims. We will use reasonable efforts to notify
you of any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.

USER DATA

We will maintain certain data that you transmit to the Site for the purpose of
managing the performance of the Site, as well as data relating to your use of the
Site. Although we perform regular routine backups of data, you are solely
responsible for all data that you transmit or that relates to any activity you have
undertaken using the Site. You agree that we shall have no liability to you for any
loss or corruption of any such data, and you hereby waive any right of action
against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic communications,
and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site, satisfy
any legal requirement that such communication is in writing. YOU HEREBY
AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR
COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or
requirements under any statutes, regulations, rules, ordinances, or other laws in
any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the
Complaint Assistance Unit of the Division of Consumer Services of California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site
or in respect to the Site constitute the entire agreement and understanding
between you and us. Our failure to exercise or enforce any right or provision of
these Terms of Use shall not operate as a waiver of such right or provision. These
Terms of Use operate to the fullest extent permissible by law. We may assign any
or all of our rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act caused by any
cause beyond our reasonable control. If any provision or part of a provision of
these Terms of Use is determined to be unlawful, void, or unenforceable, that
provision or part of the provision is deemed severable from these Terms of Use
and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment, or agency relationship created
between you and us as a result of these Terms of Use or use of the Site. You
agree that these Terms of Use will not be construed against us by virtue of having
drafted them. You hereby waive any and all defenses you may have based on the
electronic form of these Terms of Use and the lack of signing by the parties hereto
to execute these Terms of Use.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information
regarding use of the Site, please contact us at:
3DSKY DECOR HELPER
1060 Broadway, Denver, CO 80203
US
Phone: +19167179000
[email protected]