Your use of the Site is subject to the following terms and conditions (hereinafter referred to as the “Terms & Conditions”). If you prefer not to accept any of these Terms & Conditions, please exit the Site immediately. Your continued access to our Site implies that you agree to comply with and be bound by these Terms & Conditions, including the confidentiality rules and, when you make an online purchase, the information concerning your purchase.
Copyright, Registered Trademark and Other Intellectual Property Rights
This Site in its entirety as well as all the articles contained on this Site are protected by the laws governing copyright, registered trademarks and/or other intellectual property rights. These articles are either the property of Rotsen Furniture or its affiliated companies, or are used with the approval of their owners. Such articles include items such as furniture designs, photos, images, illustrations, texts, video clips, audio clips, drawings, logos, registered trademarks, graphics and other materials appearing on this Site, as well as the software used for designing and implementing the Site. All rights are reserved worldwide.
The Rotsen Furniture name and brand, as well as all the other brand names associated with Rotsen Furniture mentioned on this Site, whether registered or not, are trademarks or international service marks of Rotsen Furniture.
The data contained on this Site is presented for information and promotion purposes only. This Site is intended solely for private, personal and non-commercial use. You may download or reproduce information appearing on this Site solely for personal and non-commercial purposes. The downloading or reproduction of any document or software gives you no right, title or interest with respect to such documents or software. With the exception of personal and non-commercial use, you are prohibited from reproducing, publishing, transmitting, disseminating, displaying, erasing, deleting, adding to or modifying in any way whatsoever, creating derivative works from, selling or participating in the sale of any part of this Site, any material contained on this Site or any related software. Any other use of the articles contained on this Site, including their reproduction for purposes other than your personal non-commercial use, modification, dissemination or reproduction, without Rotsen Furniture’s prior written consent, is strictly forbidden.
Suggestions and Submissions
You hereby agree that all comments, suggestions, drawings, concepts, photos, testimonials, and all articles or documents (except for the private information concerning you) communicated or entrusted to Rotsen Furniture through this Site or by any other means (hereinafter referred to as the “Suggestions”) shall not be deemed as confidential and shall not be your property. All Suggestions shall automatically become the property of Rotsen Furniture as soon as they are made. The fact of making a Suggestion shall transfer to Rotsen Furniture all rights, titles and interests, including the copyrights, linked to the Suggestions. Rotsen Furniture has no obligation (i) to preserve the confidential nature of any Suggestion; (ii) to compensate financially anyone in exchange for or in connection with a Suggestion; or (iii) to reply to or acknowledge receipt of any Suggestion made to it. You hereby assert and guarantee that none of your Suggestions infringe on the rights of a third party, with respect to copyright, registered trademarks, patents, trade secrets, private life or any other personal or property rights. By making a Suggestion, you acknowledge that Rotsen Furniture may (but is not obliged to) copy, publish, disseminate or use this Suggestion for any purpose, including, but not limited to, advertising, promotional or product development purposes or any other commercial purpose, without any financial compensation being payable to you or any other person. You are and shall remain liable for the content of any Suggestion made by you.
This Site may contain links to other Internet sites. Rotsen Furniture shall not be held liable for the availability or content of such sites or any article contained on or obtained through such sites. Any link to another site or any reference to information, products or services supplied by third parties, in no way imply that Rotsen Furniture has given its approval concerning those sites or articles. Any question or comment concerning any other site must be sent to that site’s operator. No link with the Site is authorized without Rotsen Furniture’s prior written approval.
The Rotsen Furniture products featured on the Site are representative of Rotsen Furniture’s collection. However, not all Rotsen Furniture products are featured on the Site. Not all products featured on the Site are available in the Rotsen Furniture shops. The style drawings, models, colors, and prices of the Rotsen Furniture products featured on the Site may be modified without prior notice.
The articles appearing on the Site may contain inaccuracies or typographical errors. Rotsen Furniture shall not be held liable for any inaccuracy or error, or for loss or damage caused by or resulting from the use of information obtained on or through the Site. It is up to you to assess the information and any other content available on or through the Site. The Site and the information and articles appearing on it are liable to be modified at all times, possibly without further notice or advance warning.
This Site and its contents are provided “as is” and “within the limit of their availability”. Rotsen Furniture shall not be held liable and provides no guarantee of any kind, whether express or implicit, including any guarantee as to the title or the absence of malevolent programs (such as viruses, worms or Trojan horses) or implicit guarantee as to trade value or suitability for a particular use, and expressly disclaims all liability and all guarantee. Rotsen Furniture shall bear no liability and cannot guarantee that the information contained on the Site is accurate, complete or up-to-date, that the Site contains no defect or that any such defect shall be corrected. By using this Site, you agree to do so at your own risk and assume full responsibility for any impossibility to use the Site, any loss of data and the costs related to any assistance or repair of any hardware and/or software used by you for connecting to the site, and you agree to hold Rotsen Furniture harmless for any damage whatsoever that may be caused by, result from or be connected to your use of the Site. In cases where the applicable law does not permit the exclusion of implicit guarantees, some or possibly all of the disclaimer clauses mentioned above may not apply to you.
Limitation of Liability
Rotsen Furniture shall under no circumstances be held liable for any actual, direct, indirect, special, punitive, incidental, exemplary or consequential damage, or any other damage, whatever its nature, even if Rotsen Furniture was previously informed of the possibility of such damage, whether during a contractual action, a prejudice or any other theory, resulting from, or connected to the use, incapacity to use or execution of information, products or documents on this Site. As some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damage, some or even all of the limitations mentioned above may not apply to you.
Representations and Warranties
You represent, warrant and covenant that (a) you have the power and authority to enter into this agreement; (b) you are at least eighteen (18) years old; and (c) your use of the Site will comply with these Terms & Conditions.
You hereby agree to defend, compensate and refrain from holding Rotsen Furniture, its subsidiaries and affiliated companies as well as their representatives, directors, employees and shareholders liable for any lawsuit, damages, losses, costs and expenses, including among other things any reasonable lawyers’ fees and legal costs ensuing from or connected to the use of this Site.
The laws of the State of New York will govern these Terms & Conditions, without giving effect to any principles of conflicts of laws. In connection with any litigation, without limiting our right to bring and action against you in any jurisdiction, you further agree to submit to the exclusive jurisdiction of and venue in the state courts located in the County of New York, in the borough of Manhattan and in the federal courts located in the Southern District of New York.
This Agreement is effective unless and until terminated by either you or Rotsen Furniture, which termination may occur at any time. If Rotsen Furniture determines, in its sole discretion, that you fail to comply with any of the terms or provisions of this Agreement, Rotsen Furniture may terminate this Agreement immediately and without notice. Upon any termination of this Agreement by either you or Rotsen Furniture, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.