Terms and Conditions
Welcome to the website available on and through the domain name www.nvilloria.com (“Website”) and thank you for reviewing these Terms and Conditions of Use. The author and creator, Nicole (Villoria) Emord. and/or her related or affiliated companies (“Provider,” “I,” “My” or “Me”) makes this Website, including all offerings, contests, information, documents, communications, files, text, graphics, software, photographs, video, audio/visual files, and any other copyrightable materials owned or licensed by Me (collectively, “Materials or Services”) are not available for your use without direct authorization by the author subject to these Terms and Conditions of Use.
ACCEPTANCE OF TERMS AND CONDITIONS OF USE.
By using this Website, you (“You,” “Your” or “User”) accept and agree to these Terms and Conditions of Use and all terms, conditions and notices contained or referenced on the Website, which by reference are incorporated into these Terms and Conditions of Use. Please read these Terms and Conditions of Use carefully. If You do not agree to the Terms and Conditions of Use, do not use this Website. By accessing, using, or downloading in any way, without limitation, any Materials or Services from this Website, or merely browsing this Website, You agree to and are bound by these Terms and Conditions of Use.
CHANGES TO THE TERMS AND CONDITIONS OF USE.
I reserve the right to change the Terms and Conditions of Use at any time. In the event I do so, I will post the changes on this page and the date of the changes at the top of this page. You are responsible for regularly reviewing the Terms and Conditions of Use. If I make what I consider to be material changes to the Terms and Conditions of Use, You may also be given additional notice, such as an e-mail message or messaging within the Service, of any changes. Your continued use of the Website after a change or update has been made to the Terms and Conditions of Use will constitute Your acceptance of such change or update. If You do not agree to the Terms and Conditions of Use or any changes or updates, Your sole remedy is to cease using the Website. If You breach any of the Terms and Conditions of Use, Your authorization to use the Website automatically terminates.
SERVICE NOT AVAILABLE IN SOME JURISDICTIONS.
You are subject to the laws of the state, city or other legal entity (collectively “Jurisdiction”) in which You reside and/or from which You access the Website and the Service. WEBSITE IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If You open an Account and/or participate in a Service, including a Promotion, offered on the Website while located in a prohibited Jurisdiction, You will be in violation of the law of such Jurisdiction and these Terms and Conditions of Use, and subject to having Your Account suspended or terminated if applicable. You hereby agree that Provider cannot be held liable if laws applicable to You restrict or prohibit Your participation. Provider makes no representations or warranties, implicit or explicit, as to Your legal right to participate in any Service offered on the Website, including Promotions, nor shall any person affiliated, or claiming affiliation, with Provider have authority to make any such representations or warranties.
Provider may offer via the Website a variety of contests and promotions where You can enter and win prizes (the “Promotions”). Please see the Website’s homepage for a listing of current Promotions available and the complete details and Official Rules for each Promotion. Each of Provider’s Promotions is governed by specific rules, as may be modified from time to time, and are incorporated into these Terms and Conditions of Use by this reference. You have the responsibility to review the rules prior to participating in any Promotion, and to review the rules for any changes. You agree to abide by the then-current rules for the Promotion(s) in which You are entered. Your failure to follow the then-current rules for the Promotion(s) in which You are entered will result in your immediate and automatic forfeiture of the Promotion, and Provider reserves the right to immediately terminate and/or suspend Your access to the Website or Promotion.
The results and winners of each Promotion offered on the Website will be determined by Provider at her own discretion and such determinations are final. By registering an Account and/or participating in any Promotion, You agree to be bound by these determinations.
Provider may operate an online store (“Online Store”) accessible from the Website that offers for sale décor, custom gifts, photography and/or other products. In some cases, items displayed for sale on the Online Store may not be available, may occasionally be out of stock or may be discontinued without notice. All prices featured on the Online Store are quoted in U.S. Dollars.
Provider will use reasonable efforts to enable the accuracy of prices, availability and item details. However, Provider does not warrant that product descriptions or other content of the Online Store are accurate, complete, reliable, current or error-free and Provider is not responsible for errors, inaccuracies or omissions. Provider reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and Your payment made.
Risk of Loss
All items purchased from the Online Store are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to You upon Our delivery to the carrier.
You agree that all sales of real goods are final. No refunds will be given, except in Provider’s sole and absolute discretion.
THIRD PARTY PAYMENT PROCESSORS
INTELLECTUAL PROPERTY RIGHTS.
Copyright Information and Personal & Non-Commercial Use Limitation.
All Materials, including any compilation of any content included on this Website, are owned or licensed by Me and protected by United States and international copyright laws. All Rights Reserved. I do not claim ownership of copyrights owned by third parties, should any content be used.
You have been granted a license to view the Materials subject to these Terms and Conditions of Use. Unless otherwise specified, the Materials on this Website are not for Your personal, non-commercial or commercial use. You may not sell or modify the Materials or reproduce, display publicly or otherwise use the Materials in any way for any public or commercial purpose. Permission to reprint or electronically reproduce any document or graphic, in whole or in part, for any other purpose is expressly prohibited without prior written consent from Me. Users may not provide copyrighted or other proprietary information to Me without permission from the owner of such material or rights. Users are solely responsible for obtaining such permission and for any damages resulting from unauthorized disclosures or infringement.
All trademarks, whether product names or company names, including accompanying logos, if any, appearing on the Website are the property of Me or their respective owners. These trademarks may not be used without prior written permission of their respective owners.
3. Ideas and Inventions.
All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to Me in connection with Your use of this Website shall be My exclusive property. You agree that unless otherwise prohibited by law I may use, sell, exploit and disclose such Ideas in any manner, without restriction and without compensation to You.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
BLOGS, FORUMS, & OTHER INTERACTIVE SERVICES OR AREAS.
The Website may include discussion forums or other interactive areas or services, such as blogs, comment sections, bulletin boards, or other areas or offerings in which You or other parties create, post, upload or store any content, messages, videos, comments, materials or other items on the Website (“Interactive Areas”). You are solely responsible for Your use of the Website’s Interactive Areas and use them at Your own risk. By using any Interactive Areas, You agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Website any of the following:
Any messages, comments, data, information, text, documents, audio recordings, video recordings, audiovisual recordings, musical works, photographs, graphics, pictures, code, software or other works, content or materials (“User Content”) that are unlawful, libelous, defamatory, obscene, pornographic, harmful to minors, indecent, lewd, vulgar, suggestive, harassing, threatening, tortious, invasive of another’s privacy, abusive, inflammatory, hateful, fraudulent or otherwise objectionable (as determined by Me at My sole discretion);
User Content that would encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
User Content that You do not have the right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary information and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
User Content that may violate or infringe any patent, trademark, trade secret, copyright, right of publicity or other intellectual property right, content or proprietary right of any party. By posting User Content, You represent and warrant that You have the lawful right to transmit, distribute, reproduce and display such User Content;
User Content that falsifies or deletes another’s attributions, legal notices or proprietary designations;
User Content that impersonates any person or entity (including, without limitation, one of Our directors, officers, employees, shareholders, agents or representatives) or falsely states or otherwise misrepresents Your affiliation with Me, or any other person or entity;
Unsolicited or unauthorized advertising, campaign or promotional materials, junk mail, spam, chain letters, or other forms of commercial solicitation;
Private information of any other party, including, without limitation, phone numbers, postal addresses, e-mail addresses, social security information, credit and debit card information and other financial institution account information;
User Content “stalking” or otherwise harassing another user of the Website or Me or any of My affiliates;
User Content that disrupts the Website or the servers or networks connected to the Website or collects or stores or attempts to collect or store personal data about the Website’s Users;
Software viruses, corrupted data, or other harmful, disruptive or destructive software, computer code, files or programs; and
User Content that, in My sole judgment is objectionable or which restricts or inhibits any person from using or enjoying the Interactive Areas of the Website, adversely affects the availability of its resources to others (e.g., excessive shouting, use of all capital letters, or flooding or continuous posting of repetitive text), or may expose Me or My users to any harm or liability of any type.
I take no responsibility and assume no liability for any User Content posted, stored or uploaded by You or any other party, or for any loss or damage thereto, nor am I liable for any mistakes, defamation, slander, libel, omissions, falsehood, obscenity, pornography or profanity You may encounter. You understand that Your use of the Website and any Interactive Areas is at Your own risk and may expose You to User Content that is offensive or objectionable. I am not liable for any statements, representations or User Content provided by its users in the Interactive Areas.
Although I have no responsibility for any User Content posted in any Interactive Area, You agree to grant to Me the unrestricted, unconditional, unlimited, worldwide, irrevocable, royalty-free, non-exclusive, irrevocable right and license to use, exhibit, broadcast, copy, reproduce, publish, distribute, encode, compress, encrypt, incorporate data into, edit, rebroadcast, transmit, record, publicly display, and create derivate works from or otherwise exploit in any manner whatsoever, all or any portion of Your User Content to which You have contributed, as well as Your name and likeness in connection with the foregoing, for any purpose, commercial or otherwise, an unlimited number of times, in any and all media, now known or hereafter devised, throughout the world in perpetuity and without any compensation to You. You agree not to delete or revise any User Content posted by any other party.
I reserve the right, and have absolute discretion, to remove, screen or edit any User Content posted or stored on the Website for any reason without notice. Any use of the Interactive Areas or other portions of the Website in violation of the foregoing violates these Terms and Conditions of Use for the Website and may result in, among other things, termination or suspension of Your rights to use the Interactive Areas and/or the Website. You acknowledge and agree that I may access, use or disclose any information about You or Your use of this Website, including, without limitation, any User Content, to comply with the law or any legal process, protect and defend My rights or property or to protect the safety of Me, customers, affiliates or the public.
Please be aware that any User Content You post on the Website may become available to the public and can be collected and used by others and may result in Your receipt of unsolicited messages from third parties. Accordingly, I discourage You from posting on the Website any personal information that can be used to identify or locate You, such as Your addresses and phone numbers. IF YOU CHOOSE TO POST ANY PERSONALLY IDENTIFIABLE INFORMATION ON THE WEBSITE, YOU DO SO AT YOUR OWN RISK.
WRITTEN CONTENT SUBMISSION TERMS.
By submitting material, either written, visual, audio or video, for publication on the NVilloria.com website, you agree to the following terms. If you do not agree to the following terms, please do not submit your material to the Website directly or via email.
Grant of License. The undersigned hereby grants to NVilloria.com, and its successors, licensees and assigns, a non-exclusive license to use any material submitted now or in the future for use or possible use on NVilloria.com in accordance with the terms of this Agreement. The license granted hereunder includes the perpetual, royalty-free, world-wide right to edit, reproduce, use, license, print, publish, promote, distribute and otherwise exploit the Materials in connection with the Site, or in any other manner and in any medium or forum, whether now known or hereafter devised, which is related to or derivative of the Site in any way, and said license will be free and clear of any and all claims for royalties, residuals, or other compensation. Me and NVilloria.com shall have the sole right to determine the manner in which the Materials shall be used pursuant to this Agreement, and shall not be obligated to use the Materials. I agree that it will use my best efforts to give proper attribution to the Author each time the Materials are used.
Representations and Warranties. Author represents and warrants that Author has the full legal right, power and authority to grant the license provided to NVilloria.com, and that Author owns or controls all rights to the Materials including the copyrights for the purposes contemplated in this Agreement, and neither the Materials nor the exercise of the rights grated herein shall infringe upon or violate the rights of privacy or rights of publicity of any person or entity, or libel or slander any person or entity or violate any person’s or entity’s rights.
3. Indemnification. Author shall indemnify, defend and hold harmless Me, NVilloria.com, and My affiliates, licensees, successors and assigns, and each of its officers, agents and affiliates from all liabilities or losses, including, without limitation, reasonable attorneys’ fees, arising out of or related to NVilloria.com and My exercise of the rights granted herein.
You agree to use the Website only for lawful purposes and to behave in a fair manner. Unacceptable uses and behavior that is deemed unacceptable include, without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) purposely entering faulty, misleading, incorrect, or incomplete information; (vi) exporting, re-exporting or permitting the downloading of any Service, software or content in violation of any export or import law, regulation or restriction of the laws of Your jurisdiction and its agencies or authorities, or without all required approvals, licenses or exemptions; (vii) interfering, disrupting or attempting to gain unauthorized access to other Accounts on the Website or any other computer network; (viii) committing, or attempting to commit fraud, especially through the use of mechanisms, software, or any script in association with the Website that is intended to interrupt the functioning of the Website and any Promotions offered therein; (ix) harassing other Users; (x) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; (xi) causing any breach of the security of Your Account, if applicable, or the Website; (xii) breaching any of these Terms of Service; or (xiii) engaging in any other activity deemed by Provider to be in conflict with the spirit or intent of this Website.
Reporting Abuse or Inappropriate Conduct.
If You wish to report any abuses, inappropriate online conduct or a violation of Provider’s Terms of Conditions and Use, please forward all evidence of the same via the contact me form listed on the website. Please report responsibly!
Penalties for Abuse, Inappropriate Online Conduct and Violating Provider’s Terms of Service.
Provider reserves the right to block, cancel or terminate Your Account if applicable without notice in cases of abusive behavior or suspicion of abuse, inappropriate online conduct, and/or for a violation of the Terms of Conditions and Use, particularly in those instances detailed under Conduct Restrictions above. Upon the receipt of a credible and validated complaint, Provider may elect to immediately suspend or terminate Your Account if applicable. Provider reserves the right to take any steps, including, without limitation, suspension and termination or any other warning to prevent You from continuing any abusive behavior. Provider will evaluate each validated abuse incident on a case-by-case basis and impose suspension or termination on Your Account if applicable in Provider’s sole discretion, and may void Your winnings, if any. Provider reserves the right to lift any suspension against You at any time, at My sole discretion. Provider reserves the right to institute civil or criminal proceedings against You and/or report You to the relevant regulatory or law enforcement authorities.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
You expressly agree that use of the Website, My Services, and Materials is at Your sole risk. Neither I nor any of My officers, affiliates, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by Me (collectively “Provider Parties”), or the like, warrant that websites affiliated with Provider Parties, including, but not limited to, this Website, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on this Website may contain inaccuracies or typographical errors. I make no warranty as to the results that may be obtained from the use of the Website or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided/offered through the Website. Furthermore, Provider shall not be responsible for any opinions, views, advice or statements posted on the Website (including, without limitation, in any public posting areas of the Website) by any person or entity other than an authorized Provider spokesperson. Advertisers, content providers, You, guests, independent writers and experts are not authorized Provider spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, You, guests, independent writers or experts be relied upon for important personal decisions without independent verification.
Disclaimer of Warranties.
This website is provided by provider on an “as is” and “as available” basis. to the fullest extent permissible by applicable law, I disclaim all implied warranties, including but not limited to, implied and statutory warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.
I make no representations or warranties of any kind, express or implied, as to the operation of the website, security of the website, the availability of any goods or services offered on or through the website, or the information, content, materials or products, included on this website. without limiting the foregoing, provider does not warrant that the materials are accurate, reliable or correct; that the website will meet Your requirements; that the website will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the materials are free of viruses or other harmful components. any service, content, or software downloaded or otherwise obtained through the use of the website is done at Your own discretion and risk and that You will be solely responsible for any damage to Your computer system or loss of data that results from the download and/installation of any such material. some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to You.
No advice or information, whether oral or written, obtained by You from the website or service shall create any warranty not expressly stated in the terms.
Without limiting the foregoing disclaimers, this Website and the corresponding Materials or Services are for informational purposes only and in no way constitute or should be deemed medical, health, legal or other professional advice, diagnosis or treatment. Provider is not a physician, lawyer, law firm or other professional and does not recommend or endorse any specific tests, physicians, products, procedures, travel itineraries, opinions, or other information that may be mentioned in the Materials or Services. The Materials or Services are not intended to be a substitute for professional, legal, health or medical advice, diagnosis, treatment, or booking confirmations. Reliance on any Materials or Services or any Provider Parties is solely at Your own risk. Always seek the advice of Your physician, attorney, park ranger, or other qualified provider with any questions You may have regarding a medical, health, travel, or legal condition. Never disregard professional advice or delay in seeking such advice because of any Materials You may have read on or related to this Website.
2. Limitation of Liability.
I do not guarantee the continuous, uninterrupted or secure access to the website or any related services. the operation of the website may be interfered with by numerous factors outside the control of provider.
You expressly understand and agree that I will not be liable for any damages of any kind arising from the use of or inability to use this website or any related services, including, but not limited to, direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if provider has been advised of the possibility of such damages).
The limitation of this paragraph shall apply notwithstanding any reliance by a user on any information obtained from this website or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses or other malicious code, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction, or unauthorized access to our records, programs, or services, and whether or not I have been advised of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available through the website or included thereon.
Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on My goods or services, from inability to use My goods or services, or from the interruption, suspension, or termination of my services (including such damages incurred by third parties).
Some states or other jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitations and exclusions may not apply to You.
If You are dissatisfied with any portion of the Website, Your sole and exclusive remedy is to discontinue Your use of this Website.
THIRD PARTY LINKS.
You acknowledge and agree that You shall not circumvent or attempt to circumvent any of these Terms and Conditions of Use or the Services offered through this Website or otherwise interrupt or attempt to interrupt the operations of the Website (collectively, a “Circumvention Act”). If I determine, in My sole discretion, that You have engaged, or attempted to engage, in any Circumvention Act, or to otherwise commit fraud with regard to the Website, then, in such an event, I reserve the right to institute civil or criminal proceedings against You and to report You to the relevant regulatory authorities.
These Terms and Conditions of Use shall become effective upon Your acceptance or Your use of the Website, and shall continue until terminated by Provider or You as provided for under the terms of this section.
If You use this Website, You are responsible for restricting access to Your computer and ensuring that Your computer is free from all types of malicious code, spyware, viruses, Trojans, etc. that may track any data You enter via this Website. In addition, You are responsible for maintaining the confidentiality of Your Account if applicable and Identifiers if applicable and for restricting access to Your computer, and You agree to accept responsibility for all activities that occur under Your Account or Identifiers if applicable. Provider cannot and will not be held liable for any loss or damage arising from Your failure to comply with this section.
I reserve the right to monitor all network traffic to this Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Website in any fashion. Anyone using this Website expressly consents to such monitoring.
I reserve the right to fully cooperate with any law enforcement authorities or court order requesting or directing Me to disclose the identity of anyone posting any information, contacting Me, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions of Use.
You agree to defend, indemnify and hold harmless Provider and its subsidiaries, agents, guest contributors and other affiliated companies, and their employees, contractors, agents, officers and directors (“Indemnified Parties”) from and against any and all losses, costs, expenses, damages or other liabilities (including reasonable attorneys’ fees) incurred by Me and any other Indemnified Party from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against all Indemnified Parties: (a) in connection with Your use of the Service or the use of the Service using Your Account; (b) Your use of the Website or Materials, including any data or work transmitted or received by You or any service provider; (c) Your decision to submit postings or videos; (d) Your violation of these Terms and Conditions of Use; or (e) Your violation of any rights of a third party or service provider. This defense and indemnification will survive any attempted or actual termination of these Terms and Conditions of Use and Your use of the Website.
The failure on My part to require or enforce strict performance by You of any provision of these Terms and Conditions of Use or to exercise any right under them shall not be construed as a waiver or relinquishment of My right to assert or rely upon any such provision or right in that or any other instance.
The provisions of these Terms and Conditions of Use are intended to be severable. If for any reason any provision of these Terms and Conditions of Use shall be held invalid or unenforceable in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms and Conditions of Use, which shall continue to be in full force and effect.
STATUTE OF LIMITATIONS.
The section titles in the TERMS AND CONDITIONS OF USE are for convenience only and have no legal or contractual effect.
Date Last Modified: March 1, 2022
These Terms and Conditions of Use may be changed at any time.