All content on the Site that we provide, including but not limited to, text, graphics, logos, icons, images, headers, illustrations, audio clips, video clips and software is owned or licensed by MCO, our clients or our content providers, and is protected by law, including United States and international copyright laws. In addition, any trademarks or other intellectual property are also owned by MCO, our clients or our content providers and any use, misuse or copying of any trademarks or intellectual property is prohibited without our express authorization. Except as expressly authorized in writing, you agree not to reproduce, modify, rent, lease, loan, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the content of others, in whole or in part, by any means.
MCO grants you a limited, non-exclusive, non-transferrable and revocable license to use the Site in accordance with these Terms. The content on the Site that is posted by or on behalf of MCO, our clients or our content providers, including but not limited to any text and images contained herein and their selection and arrangement, is owned by MCO, our clients or our content providers. You may not transmit, broadcast, upload to any computer, mobile or other device, create derivative works of, or make commercial use of the Site or any material provided or obtained through the Site. You acknowledge that we or our third-party content providers retain ownership of the posted materials and that you are not acquiring any ownership rights by downloading copyrighted materials.
Product photography and illustrations have been reproduced as accurately as print and web technologies permit. However, due to variations in individual user's monitor settings, calibrations, color printing settings, and lighting sources, we cannot guarantee that your cabinet door sample or printed will be an exact match to the colors represented on this site or on a home printer output.
You represent and warrant that you possess the legal right and ability to agree to these Terms, that you are over the age of 13, and that all information or material that you submit to the Site, including any images, photographs, graphics or pictures ("User Content") is owned by you, is true, accurate and current. By submitting any User Content to or through the Site, you represent and warrant that: (a) you are the copyright owner of such User Content; and (b) you have the rights necessary to grant the licenses and sublicenses described in these Terms.
You further agree that you will not:
(i) Submit any material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have written permission from their rightful owner to submit the material and to grant the right to use such materials as provided in these Terms; or (b) a work of authorship without the author’s permission);
(ii) Submit any false information or misrepresentation that could result in liability or damage to MCO or any third party;
(iii) Submit any material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, graphic or gratuitously violent, harassing, hateful, racially or ethnically offensive, encourages conduct that would give rise to criminal or civil liability, violate any law, or is otherwise inappropriate;
(iv) Impersonate another person, including submitting their photographs as your own;
(v) Collect users' information, or otherwise access website, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
(vi) Access a third-party’s User Account (as defined below);
(vii) Transmit worms, viruses or other malicious codes.
In addition, MCO is free to use, without obligation of any kind to you or any third parties, any ideas, concepts, techniques, or know-how contained in any communication (including without limitation, any User Content) you send through the Site for any purpose whatsoever, without any further consent, notice and/or compensation to you or any third parties.
You also acknowledge and agree that MCO may obtain User Content on this Site, or otherwise develop on its own, or through third party vendors it engages, ideas and materials that may be similar or identical in theme, idea, format or other respects to ideas and other User Content you submit to the Site, and you waive any and all claims you may have had, may have, and/or may have in the future, that any ideas, composition, video and/or other works used by MCO based on any similarity with any User Content submitted by you on this Site.
If you decide, or if at any time you are asked, to register for an account or promotion, you agree to: (i) provide true, accurate and complete information about yourself as prompted by the registration and (ii) maintain and promptly update the data to keep it true, accurate, current and complete.
Certain areas and features of the Site may be accessible only to users who have been issued a login name and password (collectively "User Account"). For the purposes of accessing the Site, the User Account remains the property of MCO. MCO may, at its discretion, cancel or suspend the User Account and deactivate or delete any related information and/or files associated with the User Account or bar access to such information and/or files at any time without any notice or liability to you or any other person.
MCO is not under any obligation to verify the actual identity or authority of any person using User Account to access and use the Site. MCO may act upon any communication that is given with the use of User Account. MCO may in its discretion at any time require proof of the identity of any person seeking to access and use the Site, and may deny access to and use of the Site or parts of it or refuse to accept or act upon any communication if MCO is not satisfied with such proof.
If you have been issued a User Account: (a) you represent that you are a resident of the 50 United States or the District of Columbia, have reached the age of majority where you live and you can form legally binding contracts under applicable law; (b) you represent that are not a person barred from receiving services under applicable law; (c) you agree to provide true, accurate, current and complete information about yourself as prompted by any registration form(s) on the Site (the "Registration Data"); (d) you agree to maintain and promptly update the Registration Data to keep it true, accurate, current and complete; (e) you are fully responsible and liable for the security of the User Account and any and all use and misuse of the User Account; (f) you will keep the User Account secure and confidential at all times and not disclose the User Account to any other person or permit any other person to use the User Account; (g) you will ensure that all uses of the User Account comply with this Agreement; and (h) once you have logged-on to the Site using the User Account, you will not leave the computer terminal used to access the Site unless and until you have terminated the session and logged-off the Site.
You agree to indemnify and hold MCO, its subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to MCO or that you submit through the Site. Upon our request, you will furnish any documentation, substantiation or releases necessary to verify your compliance with these Terms.
If you are a trademark or copyright owner and you believe that your intellectual property rights have been violated, please contact firstname.lastname@example.org.
From time to time MCO may make promotions, sweepstakes and contests available to users of the Site and others. All sweepstakes and contests are governed by this Agreement and the applicable Official Rules of the respective sweepstakes or contest. By participating in a contest through the Site, you signify your agreement and acceptance of this Agreement and the applicable Official Rules.
YOU AGREE THAT USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK AND THAT THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, LINKS TO OTHER WEBSITES OR ANY OTHER MATERIAL INCLUDED IN THE SITE OR THE ACCURACY OR CONTINUED AVAILABILITY OF ANY OF THE FOREGOING.
WHILE WE PROHIBIT CERTAIN CONDUCT AND CONTENT DESCRIBED HEREIN, YOU UNDERSTAND THAT WE CANNOT BE RESPONSIBLE FOR CONTENT PROVIDED BY THIRD PARTIES OR THROUGH THIRD PARTY APPLICATIONS AND YOU NONETHELESS MAY BE EXPOSED TO CERTAIN CONTENT. THEREFORE, YOU USE THE SITE AT YOUR OWN RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, 1) ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE: 2) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, OR CONTENT OF THE SITE; AND 3) ANY WARRANTIES OF TITLE.
WE DO NOT WARRANT THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE WILL BE AVAILABLE OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
You acknowledge and agree that MCO will not have any obligation to review, monitor, display, accept or exploit any User Content and MCO may, in its sole discretion, delete, move, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice or liability. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you. MCO DOES NOT ENDORSE THE USER CONTENT, IS NOT RESPONSIBLE FOR THE USER CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH USER CONTENT) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT PROVIDED THROUGH THE SITE.
The Site may contain links to other websites that are not under our control. Accordingly, we make no representations whatsoever concerning the content of those websites. The fact that we have provided a link to a third-party website is NOT an endorsement, authorization, sponsorship, or affiliation by MCO with respect to such website, its owners, or its providers. We provide these links only as a convenience to you. We have not tested any information, software, or products found on these websites and therefore cannot make any representations whatsoever with respect thereto. There are risks in using any information, software, or products found on the Internet; and we caution you to make sure that you completely understand these risks before retrieving, using, relying upon, or purchasing anything via the Internet.
We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.
Notwithstanding any other provision of this Agreement, MCO may in its discretion, without any notice or liability to you or any other person, change, discontinue, modify, restrict, suspend or terminate the Site, or any part thereof, including, but not limited to: (i) restricting the time the Site is available, (ii) restricting the amount of use permitted, and (iii) restricting any user’s right to use or access the Site. MCO may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, this Agreement or your permission to access and use the Site without any notice or liability to you or any other person.
Effective Date: February 1, 2018