Terms & Conditions

TERMS AND CONDITIONS
IMPORTANT—THE FOLLOWING CONTAINS TERMS AND CONDITIONS FORMING A BINDING LEGAL AGREEMENT. PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING THE DECORATION SHOP’S SERVICES OR THEDECORATION.SHOP

By checking the box “I have read and agree to the terms and conditions,” or by using The Decoration Shop’s services, you expressly acknowledge and agree, on your own behalf as an individual, and on behalf of your employer or another entity which has not yet done so (collectively “You,” or “Your“), that You are entering into a binding legal agreement with The Decoration Shop (“The Shop“), are over 18 years of age, have full authority to bind such employer or other entity, agree to be bound to the laws and jurisdiction of the State of Utah and have understood and agree to comply with all terms herein (“Terms“). You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.
License Grant for Submitted Content. The Decoration Shop provides services including the branding of goods and materials using intellectual property (the “Services”). In connection with the use of the Services, you will submit content to The Decoration Shop. “Content” means any information that You may generate, provide, transmit, or upload in connection with the Services, such as graphics, stylized logos, brand names, data files, written text, software, music, photographs, images, personal likenesses, sounds, videos, messages, and similar materials. By Submitting Content, you grant The Decoration Shop a perpetual and assignable license without fee or royalties (the “License”) for use of content as needed in connection with the Services including, but not limited to, the reproduction of any such Content on goods and merchandise. You also authorize The Decoration Shop to modify the Content color, size, shape, image resolution, or any other modifications made in connection with the Services.
Use of Site. You are personally responsible for your submission of Content and your use of “www.The Decoration Shoppromo.com.” You agree that You will not submit Content that is or gives rise to, and The Decoration Shop may (but is not required to) refuse or remove Content that it determines in its sole discretion to be, (a) unlawful, offensive, threatening, harmful, libelous, defamatory, pornographic, gambling-related, obscene, racist, infringing or otherwise objectionable; (b) not wholly-owned by or validly licensed to You; (c) a violation of a third party’s intellectual property rights; (d) a breach of these Terms; and/or (e) a violation of the terms and conditions, as modified from time to time, of The Decoration Shop’s vendors who provide products, services, and other resources to enable the Service (“Third-Party Vendor”). Content must include Your name and address, and Your contact information (telephone number, email address) to which user questions, complaints, or claims should be directed.
Submission. Once You submit Content to The Decoration Shop, You (a) authorize and appoint The Decoration Shop to integrate the Content into branded goods or materials; and (b) will provide The Decoration Shop with all information including modified Content that it requests in connection with such integration.
Publicity Using Submitted Content and End Products. Pursuant to the License granted in Section 1 herein, You agree that The Decoration Shop may (a) publicize Your name and logo and Your use of the Services; and (b) use goods and materials, including physical reproductions of any goods created for You and images of goods and materials created using Your name, logo, trade dress, or other Content You submitted to publicize and advertise Your use of The Decoration Shop and its Services, including on TheDecoration.Shop website TheDecoration.Shop.
Warranties by Customer. You warrant that you own all intellectual property rights to Content and/or have appropriate authorization from the owner to create branded goods and materials through The Decoration Shop’ Services. The Decoration Shop may at any time, but is not required, request proof or authentication of Your right to the intellectual property in the Content. In such case You agree to provide to The Decoration Shop trademark registration certificate(s), copyright registration certificate(s), assignment(s), license(s), proof of original authorship(s), or other proof showing You own or have a valid license to use the intellectual property in the Content. In the event that You cannot provide sufficient documentation to show such ownership or a valid license, You agree that The Decoration Shop may refuse to provide further services and may also refuse to distribute to You or any other party branded goods or materials already produced without refund.
Other Requirements. You acknowledge and agree that (a) information transmitted or gathered in connection with the Services may be used in an aggregated and anonymous manner; (b) Third-Party Vendors and their affiliates are third-party beneficiaries of these Terms, and that such entities will have (and be deemed to have accepted) the right to enforce them against You, and (c) as between You and The Decoration Shop, You are solely responsible for any errors, issues, or downtime caused by or attributable to Your submission of Content.
Security. You are solely responsible for maintaining the confidentiality of Your password and account information and ensuring the security, confidentiality, and integrity of Content that is transmitted through or stored on The Decoration Shop’s (or its third-party service provider’s) servers.
Title and Protection. Except as expressly set forth herein, The Decoration Shop (or its third-party providers) retain all right, title, and interest to all portions of goods and materials created in association with the Services, except that with respect to submitted Content The Decoration Shop will hold only the licenses described above.
Warranty Disclaimed. Except for as expressly set forth herein, the Services are provided on an “as is” and “as available” basis, and without warranties of any kind either express or implied. You assume all responsibility for the selection of the Services to achieve Your intended results. TO THE EXTENT PERMITTED BY LAW, THE DECORATION SHOP HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED, NONINFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE DECORATION SHOP DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. Applicable law may not allow the exclusion of certain warranties, so to that extent, such exclusions may not apply. The Decoration Shop is not responsible for user error, including the use of low-resolution images, misspellings, or other design errors. The Decoration Shop typically does not review orders submitted prior to production. Unless otherwise indicated, all goods and materials are manufactured by a third party, and The Decoration Shop participates only in the dressing and stylizing of the goods and materials, and The Decoration Shop cannot be responsible for defects by the manufacturer.
Prepayment required. By confirming your purchase during the checkout process, you agree to pay for any item(s) ordered. Unless specified in writing by The Decoration Shop, You must prepay for any and all Services ordered or The Decoration Shop will not commence production or shipment.
Payment TermsPayment can be made via check or credit card. Payment terms can be 100% prepaid, 50% advance for order confirmation, and 50% after delivery. All samples will be invoiced or charged to the credit card on file based on your account settings. Let us remind our valued customers that all the bank charges required for money transfers have to be paid by the customer. You also agree to pay all charges within 30 days of the signed date. .018% late fee will apply to all late payments. The Decoration Shop has the right to charge any balance more than 30 days past due to your credit card on file. A collection Fee of 35% of the open balance will be applied to any invoice sent to collections.
Privacy. You acknowledge and agree that any personal information you provide through The Decoration Shoppromo.com will be governed by the The Decoration Shop privacy policy at http://www.The Decoration Shoppromo.com/privacypolicy, the terms of which are incorporated into this Agreement by reference.
Limitation of Liability. EXCEPT TO THE EXTENT EXPRESSLY PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL THE DECORATION SHOP OR THIRD-PARTY VENDOR, OR THEIR AFFILIATES, SUBSIDIARIES, OR THIRD-PARTY LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF DATA, OR OTHER PECUNIARY LOSS, WHETHER OR NOT FORESEEABLE) ARISING OUT OF THE DELAY OF OR INABILITY TO USE SERVICES, EVEN IF THE DECORATION SHOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE DECORATION SHOP CANNOT BE LIABLE FOR YOUR INAPPROPRIATE USE OF THEDECORATION.SHOP OR ITS CONTENT. IN ANY CIRCUMSTANCE, THE TOTAL EXTENT OF THE DECORATION SHOP’S LIABILITY TO YOU IN ANY DISPUTE SHALL BE THE SUMS YOU ACTUALLY PAY TO THE DECORATION SHOP FOR SERVICES OFFSET BY THE DECORATION SHOP’S MATERIAL AND LABOR COSTS.
Indemnity. You agree to defend, indemnify and hold harmless The Decoration Shop and its affiliates and their respective officers, directors, agents, consultants and employees from any claims, damages, liabilities, costs, and expenses (as incurred, including attorney’s fees) arising from (a) Copyright, trademark, or other intellectual property infringement claims by You; (b) Copyright, Trademark, or other intellectual property infringement claims by any third party relating to Content or other intellectual property used in connection with the Services; (c) product liability claims by You or by any third-party relating to goods or materials produced in connection with the Services; (d) Any other claim or liability arising out of or from the Services or your use of TheDecoration.Shop; and (e) Your failure to comply with these Terms.
Force Majeure. The Decoration Shop shall not be responsible for failures of its obligations to the extent that such failure is due to causes beyond its control including, but not limited to, acts of God, acts of war, governmental acts, fire, sabotage, strikes, failure of the Internet, strikes or labor difficulties, severe weather conditions, and/or delay in, or of, transportation, suppliers or subcontractors.
Binding Arbitration. In the event of any dispute concerning or arising under this Agreement or The Decoration Shop’s Services, The Decoration Shop at its sole election, may give notice and require any dispute between You and The Decoration Shop to be resolved through binding arbitration. Any arbitration shall take place in a venue within the State of Utah, Utah County, and be governed by the Utah Uniform Arbitration Act (UUAA). An arbitrator shall be an experienced neutral third-party agreeable to both You and The Decoration Shop, or otherwise selected under the provisions of the UUAA. In no case shall a disagreement between You and The Decoration Shop as to selecting an arbitrator void this Section.
General. These Terms represent the complete agreement concerning the Services between You and The Decoration Shop and supersede all prior agreements and representations related to the subject matter hereof. These Terms, including the Services, actually performed or to be performed by The Decoration Shop, shall be deemed to be executed within and governed by the laws of the State of Utah, excluding choice of law principles. All proceedings shall be conducted in English. You agree that the exclusive jurisdiction and venue for all proceedings shall be the federal or state courts located in Utah County, Utah, provided that venue shall also be proper in any court of competent jurisdiction where The Decoration Shop seeks (a) injunctive relief against You to enforce the Terms; and/or (b) to join You in a suit brought by a third party related to the Services. Section headings are provided for convenience only and have no substantive effect on construction. Except for Your obligation to pay The Decoration Shop, neither party shall be liable for any failure to perform due to causes beyond its reasonable control. Notice shall be deemed effective when received by the designated fax, email, or postal address. If any provision is held to be unenforceable, the Terms shall be construed without such provision. The failure by a party to exercise any right hereunder shall not operate as a waiver of such party’s right to exercise such right or any other right in the future.
Modifications. The Decoration Shop reserves the right to modify these Terms at any time by publishing the revised terms on the The Decoration Shop website at TheDecoration.Shop. The revised Terms shall become effective within ten (10) days thereof. Your use of the Services constitutes acceptance of any modifications to these Terms.