END USER SERVICE AGREEMENT AND TERMS OF SERVICE

 

This End User Service Agreement and Terms of Service (the “EUSA”) is a binding contract between you, an individual user (“you”) and Kylie T Interiors. (“us” or “we”) governing your use of Kylie T Interiors services (the “Service”) and Kylie T Interiors.

BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE EUSA, AND YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH KYLIE T. INTERIORS. IF YOU DO NOT AGREE, THEN YOU MAY NOT ACCESS OR USE THE SERVICE.

To have a copy of the EUSA and the Kylie T Interiors Privacy Policy (the “Privacy Policy”) sent to you, contact Kylie T Interiors at kylie@Kylietinteriors.com or see the terms on the Kylie T Interiors website.

SUMMARY OF MATERIAL TERMS.

As provided in greater detail in the EUSA (and without limiting the express language of the EUSA), you acknowledge the following:

• you consent to the collection, use, and disclosure of your personally identifiable information in accordance with the privacy policy, including with respect to the collection of location information;

the website and Service is provided “as is” without warranties of any kind and Kylie T Interiors liability to you is limited;

• disputes arising hereunder will be resolved by binding arbitration in Boston Massachusetts pursuant to the Commercial Arbitration Rules of the American Arbitration Association;

These Terms constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter herein and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral.

GENERAL

Service.

The Service provides you (“Clients” or “Users”) with a Custom Interior Design.

Acceptance of Privacy Policy.
Your use of the Service is subject to the Privacy Policy, and is hereby incorporated by reference into the EUSA. By using the Service you agree that you have read, understood, and agree to the data collection, use, and disclosure provisions set forth in the Privacy Policy.

Third Party Terms and Conditions and Party Fees.
You acknowledge that you are responsible for any third party terms and conditions and fees that you may incur through use of the Service.

Changes to the EUSA.
We may revise the EUSA at any time by posting an updated version. You should visit this page periodically to review the most current EUSA, because you are bound by it. Your continued use of the Service after a change to the EUSA constitutes your binding acceptance of the EUSA.

Eligibility.
In the event that you are acting on behalf of an entity or person other than yourself (“Party” or “Subscribing Entity”) you warrant that you are authorized to represent that Party and acknowledge that you are bound by the EUSA on behalf of and as a legal agent of such Subscribing Entity.

Children.

No part of the Service is directed to persons under the age of 18. Persons under the age of 18 that wish to use Services, represent that they have legal consent from a parent or guardian to use the Service and agree to be bound by the EUSA.

REGISTRATION AND ELIGIBILITY.
Client Registration and Agreement.

Anyone may browse the public-facing pages of the Service but to start the custom design plan, the client must enter an agreement with Kylie T Interiors.

Client.

To become a Kylie T Interiors Design Client, you agree to be bound by the EUSA and will provide your zip code, phone number, email address and name. During the process the Client will be required to complete a Kylie T Interiors Project Questionnaire, provide photos of your space, and provide any additional information about your room and project. Upon providing this information your designer will contact you in order to get your custom design project underway. Your deliverables will be as set out dependent upon your selected custom design package.

Account Security.

If you have any reason to believe that your personal information has been compromised or accessed by a third party, you agree to immediately notify Kylie T Interiors by e-mail to kylie@Kylietinteriors.com.

CONTENT YOU SUBMIT; LICENSE GRANTS FROM YOU.

Your Content.
If you are a Client, you may be able to create, post, or share content, such as pictures of your space, floor plans and household objects (“Client Content”). Kylie T Interiors claims no ownership or control over Your Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of Your Content that you post on or through the Service. You are responsible for protecting those rights.

License Grants to KYLIE T INTERIORS.

By creating, posting, or sharing Your Content on or through the Service, and subject to Kylie T Interiors’s Privacy Policy, you grant Kylie T Interiors a world-wide, non-exclusive, sub-licensable, royalty-free, transferable license to use, modify, remove, publish, transmit, or display Your Content in order to (a) facilitate a design or recommended product list for the Client (b) advertise and promote the Service in any manner unlimited in time or scope.

You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own Your Content or otherwise have the right to grant the license set forth in the EUSA, (ii) the posting and use of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) the posting of Your Content on the Service does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Your Content that you post on or through the Service. You also acknowledge and agree that Your Content is non-confidential and non-proprietary.

FEES; PAYMENTS.

Clients.

1. Fees. The fee (“Fee”) to be charged to Clients for each Custom Interior Design or individual service will be set forth in writing prior to the commencement of Service, and is due and payable in full and advance of Client’s design or product recommendation being provided to the Client.
2. Payments. Payments are to be made via a check, PayPal, PayPal credit card, cash or a cash transfer to Kylie T Interiors operating bank account in United States Dollars. Cleared funds are required before delivery of Services or ordering of any Third Party Purchases. If payment is not received by the time set forth in writing, we have the discretion to cancel all services and contracts, modify the design schedule and materials, or charge interest in the amount of 1.5% per month.
3. Taxes. Clients are responsible for determining and paying the appropriate government taxes, fees, and service charges resulting from a transaction occurring through the Service, except for taxes on Kylie T Interiors’s income on the design service Fee. We are not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or service charges, except as may otherwise be required by law.
4. Third Party Purchases. A Client may wish to purchase items from third parties through the Kylie T Interiors service. Kylie T Interiors will collect the cost of the furniture in advance of placing orders with the third party for the purchase. All Third Party terms and conditions apply to these purchases, including return policies and shipping costs. In the event that a wrong item is shipped Kylie T Interiors will assist you in rectifying the problem however is not responsible for any of the costs associated with these actions, including but not limited to return shipping and handling costs, store costs or damages
5. Refunds. The Service will offer any Client a full or partial refund at Kylie T Interiors’s discretion. Kylie T Interiors’s is not responsible for refunds on Third Party Purchases which should be followed up with specific vendors. Please email Kylie@Kylietinteriors.com to request a Service orientated refund with material documentation to support your refund request.

Correspondence

Users will be contacted via phone or various other digital mediums including email, facetime, skype or text. Users agree they will not send any unsolicited marketing messages or broadcasts (i.e. spam) to Kylie T Interiors. Kylie T Interiors will also not send any unsolicited marketing messages or broadcasts (i.e. spam) to Users. If you believe spam originated from the Service, please email us immediately at kylie@Kylietinteriors.com.

ADDITIONAL SERVICES FROM KYLIE T INTERIORS.

Placement Services.

The Service may offer to assist Clients with placement of accessories (“Placement Services”) for a fee, which will be set forth in the Service Agreement.

Third Party Materials; KYLIE T INTERIORS Content.

You understand that by using the Service, you do at your sole risk and that Kylie T Interiors shall not have any liability to you for any of the data and material provided (“Service Content”) that may be found to be offensive, indecent, or that is inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality or otherwise objectionable You use the Service, and rely upon any Service Content accessible through the Service, at your sole risk.

KYLIE T INTERIORS makes no representation that the Service, any third party services, and Service Content (digital or otherwise) are appropriate or available for use in any particular location. To the extent you choose to access such services or materials, you do so at your own initiative and are responsible for compliance with any and all applicable laws.

Your Use of the Service and Service Content.

Your right to use the Service is conditioned on the following:

You may access the Service solely as intended through the Service Agreement as permitted under the EUSA.

You agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service without Kylie T Interiors’s prior written authorization, including, by way of example and not limitation, by doing or engaging in any of the following without Kylie T Interiors’ express written consent: using any trademarks, service marks, design marks, logos, photographs or other content belonging to Kylie T Interiors or obtained from the Service.

You agree not to resell the Services, or other materials or any information obtained by You from Kylie T Interiors Conferencing without the express written consent of Kylie T Interiors.

You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service, including any Service Content available on or through the Service, or any portion thereof, through any other application or website, unless and solely to the extent Kylie T Interiors makes available the means for embedding any part of the Service.

You agree not to harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including Kylie T Interiors’s employees and other users.

You agree not to provide any false personal information to Kylie T Interiors or any other user, or create a false identify or impersonate another person or entity in any way.

You agree not to solicit, or attempt to solicit, personal information from other users.

You agree not to restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about users.

You agree not to use the Service, without KYLIE T INTERIORS express written consent, to communicate or facilitate any commercial advertisement or solicitation, except as expressly permitted in the EUSA.

You agree not to violate any applicable federal, state or local laws or regulations or the EUSA.

You agree not to assist or permit any persons in engaging in any of the activities described above.

Ownership.

The Service, Service Content and output including all intellectual property rights therein, are the sole and exclusive property of KYLIE T INTERIORS and the Users for the express purpose of producing a Custom Interior Design. The output of the Custom Interior Design must not be sold or published without KYLIE T INTERIORS’s express written consent.

Feedback.

Any feedback or creative ideas provided by the User through the service process will be owned exclusively and for unrestricted use by KYLIE T INTERIORS without compensation to you or any other person.

Consequences of Violating These Terms.

We reserve the right to suspend or terminate the Service for any reason, at our discretion. We reserve the right to refuse to provide the Service to you in the future. KYLIE T INTERIORS may review and remove any of Your Content at any time for any reason, including activity which, in its sole judgment: violates the EUSA; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, Users of the Service You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of the EUSA and your use of the Service.

KYLIE T INTERIORS’S LIABILITY.

Changes to the Service.
We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any feature, without notice or liability.

User Disputes.

We are not responsible for any disputes or disagreements between you and any third party you interact with from either directly or indirectly using the Service. This includes disputes between Clients and KYLIE T INTERIORS. You assume all risk associated with dealing with third parties, including any contractor referrals made by KYLIE T INTERIORS. You agree to resolve disputes directly with the other party. You release KYLIE T INTERIORS of all claims, demands, and damages in disputes among users of the Service. You also agree not to involve us in such disputes. You acknowledge that in using the Service that you have used caution and common sense. If you participate in an installation, you are solely responsible for your interactions with other Users, and third party contractors who are engaged in providing installation services. You understand that KYLIE T INTERIORS does not currently conduct background checks, including criminal background checks, on its Users. KYLIE T INTERIORS makes no representations or warranties as to the conduct of Users. IN NO EVENT WILL THE RELEASED PARTIES (AS DEFINED BELOW) BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THE SERVICE YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE OR THIRD PARTY CONTRACTORS USED IN CONNECTION WITH PROVIDING THE SERVICE, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON YOU ASSUME ALL RISK WHEN ENGAGING THE SERVICES OF ANY OTHER USER AND IN CONNECTION WITH USING THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY RISKS ASSOCIATED WITH OBTAINING SERVICES FROM ANY DESIGNER OR PROVIDING ANY SERVICES TO ANY CLIENT, INCLUDING ALL RISKS OF PHYSICAL OR EMOTIONAL INJURY OR HARM RESULTING ANY WAY OR ARISING OUT OF INSTALLATION SERVICES OR CLIENTS OBTAINED THROUGH THE SERVICE ALL USERS, INCLUDING CLIENTS AND DESIGNERS, HEREBY EXPRESSLY AGREE NOT TO HOLD THE RELEASED PARTIES LIABLE FOR ANY INSTALLATION, INSTRUCTION, ADVICE OR SERVICES DELIVERED WHICH ORIGINATED THROUGH THE SERVICE AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ANY LIABILITY WHATSOEVER FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES THAT ARISE OR RELATED IN ANY WAY TO THE SERVICE, THE INFORMATION PROVIDED THROUGH THE SERVICE AND THE SERVICES PROVIDED BY OR TO ANY USER OF THE SERVICE.

Content Accuracy
We make no representations about accuracy, reliability, completeness, or timeliness of any contents of the Service, including Designs. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Service Use the Service at your own risk.

Third-Party Websites
The Service may include links to third party websites and applications. You are responsible for evaluating the appropriateness of those websites and whether you want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them.

We make no promises and disclaim all liability of specific results from the use of the Service.

Termination.

The EUSA is effective until terminated by you or KYLIE T INTERIORS. Your rights under the EUSA will terminate automatically without notice from KYLIE T INTERIORS if you fail to comply with any term(s) of the EUSA (including by violating any license restriction provided herein). You may terminate the EUSA at any notice by paying for agreed Services. Upon any termination of the EUSA, you must immediately cease all use of the Service

Disclaimer.

“Released Parties” include KYLIE T INTERIORS and its affiliates, officers, employees, agents, partners, and licensors. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, INCLUDING DATA, WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS, DATA OR SERVICE AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS AND, (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.

Limitation of Liability.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KYLIE T INTERIORS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE; (v) YOUR RELIANCE ON CONTENT OR DATA MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT POSSIBLE BY LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF COMPANY CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE GREATER OF IF YOU ARE A CLIENT, THE SERVICE FEES (EXCLUDING ANY THIRD PARTY PURCHASES MADE WHILE USING THE SERVICE) THAT YOU HAVE PAID TO KYLIE T INTERIORS.

Indemnity.

You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any KYLIE T INTERIORS Content or Designs, or (iii) your breach of the EUSA. We will provide notice to you promptly of any such claim, suit, or proceeding.

Third Party Disputes.

KYLIE T INTERIORS IS NOT AFFILIATED WITH ANY CARRIER, SERVICE PROVIDER, OR THIRD PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY CARRIER, SERVICE PROVIDER, THIRD PARTY SERVICE OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

Dispute Resolution.

The EUSA and the relationship between you and KYLIE T INTERIORS will be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. You and KYLIE T INTERIORS agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted in Boston in the Commonwealth of Massachusetts. You covenant not to sue KYLIE T INTERIORS in any other forum..

You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Service or the EUSA:

1. YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;

2. YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND

3. YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED AND ALL SUCH CLAIMS THAT MAY BE ASSERTED AGAINST KYLIE T INTERIORS IS WAIVED AFTER THIS TIME.

MISCELLANEOUS.

Assignment

You may not assign this EUSA or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law or otherwise, without the prior written consent of KYLIE T INTERIORS. KYLIE T INTERIORS may assign the EUSA, including all its rights hereunder, without restriction.

Survival
The provisions of the EUSA that are intended to survive the termination of the EUSA by their nature will survive the termination of the EUSA, including, but not limited to, Sections (General), (Content You Submit; License Grants from You), (Your Use of the Service and Service Content), (Ownership), (Feedback), (KYLIE T INTERIORS’s Liability), (Termination), (Disclaimer), (Limitation of Liability), (Indemnity), (Third Party Disputes), (Dispute Resolution), and (Miscellaneous).

Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us from time to time. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

The EUSA, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and KYLIE T INTERIORS regarding your use of and access to the Service, and, except as expressly permitted above, may be amended only by a written agreement signed by authorized representatives of all parties to the EUSA. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of the EUSA or any provision of the EUSA constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in the EUSA is for convenience only and will not have any impact on the interpretation of particular provisions In the event that any part of the EUSA is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and KYLIE T INTERIORS as a result of the EUSA or use of the Service.

NOTICES

Unless otherwise provided in this Agreement, Kylie T Interiors will send any notice(s) to you that may be required or permitted under this Agreement to the email or mailing address you provide as part of the retention of the Services . Notices so given shall be deemed effective when received, or if not received by reason of fault of addressee, when sent.

Contact Information

Kylie T Interiors,

E: kylie@Kylietinteriors.com

PH: 508-651-0735

PRIVACY POLICY

Kylie T Interiors is committed to respecting the privacy of all users (“users,” “you”) of our website and the products and services available on such website (collectively, the “Services”). We have established and implemented this Privacy Statement to inform you of the information we collect from you on in connection with the Services, how we collect and use your information, with whom and for what purposes we may share your information, and the choices you can make about our use of your information. Please read this notice carefully.

This Privacy Policy is incorporated by reference to Kylie T Interiors. End User Service Agreement and Terms of Use (the ‘EUSA’) Any capitalized terms that we use in this Privacy Policy are defined either here or in the EUSA. The Privacy Policy explains how Kylie T Interiors may:

• collect
• use or
• disclose

information we obtain through the Services.

The phrase “Personal Information” in this Privacy Policy means contact information (e.g., name, address, email address, mailing address, telephone number) and any other information that personally identifies an individual.” We do not consider Personal Information to include information that has been anonymized so that it does not allow a third party to easily identify a specific individual.

You can always decline to provide any Personal Information to us—it is your choice, and you are under no obligation to provide Personal Information to us. However, if you decide not to provide such information, then you may not be able to use or purchase the Services.

THE SERVICE COLLECTS YOUR INFORMATION

We collect Personal Information when you:

• use the Service;
• communicate with or submit information or content to us.

Collection of Personal Information. Anyone is allowed to browse the public-facing pages of the Service for no charge, but to become a User, you must sign up for a service. To sign up as a Client, you must specify Personal Information, including your name, email address, zip code, and phone number. You may also provide other optional information and if you are a Client or User, you will be asked to take a project questionnaire. The Project Questionnaire can help us better understand what you are looking for from an interior design perspective and answer questions about the room you are requesting a design for, including color preferences, use and occupants of the room, and other personal preferences and information relevant to creating complete designs.

Using the Service. We collect information you provide when using the Service including any Personal Information you provide.

Making Payments. When you make payments through the Service, you may need to provide Personal Information to our third-party service providers, such as your credit card number.

HOW KYLIE T INTERIORS USES YOUR INFORMATION

We use Personal Information to

• provide you with the Service;
• facilitate and improve our services; and
• communicate with you.

We may use aggregate information for any purpose, including for marketing purposes.

Internal and Service-Related Usage. We use information, including Personal Information, for internal and service-related purposes only and may provide it to third parties to allow us to facilitate the Service. We may use and keep any data we collect to provide and improve our services.

Communications. We may send emails to the email address you provide to us to verify your account and for informational and operational purposes, such as project communications, and customer service.

Marketing. We may use information, including Personal Information, to provide online advertising on the Service and to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you.

Anonymize Data. We may anonymize and aggregate data collected through the Service and use it for any purpose.

KYLIE T INTERIORS MAY DISCLOSE YOUR INFORMATION

We may share your information:

• with our third-party service providers;
• between Clients and Designers that are engaged by Kylie T Interiors to provide you with Services;
• to comply with legal obligations;
• to protect and defend our rights and property; and
• with your permission.

We do not rent, sell, or share Personal Information about you with other people or nonaffiliated companies for their direct marketing purposes, unless we have your permission.

We Use Vendors and Service Providers. We may share any information we receive with vendors and service providers retained in connection with the provision of the Service.

Displaying to and Sharing with Other Users. The content you provide us when using the Service may be displayed on the Service.. If you are a Client, Designers will be able to see your first and surname, location and personal information, gender and the information you share about your design needs. We are not responsible for privacy practices of the other Users who will view and use any provided information.

Social Networking and Other Websites. We do not share your Personal Information with them unless you direct the Service to share it. Their use of the information will be governed by their privacy policies.

Marketing. We do not rent, sell, or share Personal Information about you with other people or nonaffiliated companies for their direct marketing purposes, unless we have your permission.

As Required By Law and Similar Disclosures. We may access, preserve, and disclose your Personal Information, other account information, and content if we believe doing so is required or appropriate to: comply with law enforcement requests and legal process, such as a court order or subpoena; respond to your requests; or protect yours’, ours’ or others’ rights, property, or safety.

Merger, Sale, or Other Asset Transfers. If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of company assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction as permitted by law and/or contract. We cannot control how such entities may use or disclose such information.

We may also disclose your Personal Information with your permission.

THIRD PARTY LINKS

The Services may contain links to third parties’ websites. Please note that we are not responsible for the collection, use, maintenance, sharing, or disclosure of data and information by such third parties. If you provide information on third party sites, the privacy policy and terms of service on those sites are applicable. We encourage you to read the privacy policies of websites that you visit before submitting Personal Information.

SECURITY OF YOUR INFORMATION

We exercise reasonable security measures to help protect against the loss, misuse, and alteration of your Personal Information. Kylie T Interiors hosts its Site and the collected data in a secure environment that uses reasonable technology to help prevent interference or access from unauthorized persons. Sensitive information that is transmitted to us online (such as credit card number) is encrypted and is transmitted to us securely. Despite such efforts, however, please note that no company, including Kylie T Interiors, can fully eliminate risks or guarantee the security of your Personal Information; unauthorized entry or use, hardware or software failure, and other factors may compromise the security of information about you at any time. Consequently, we do not guarantee the security of any information you provide to Kylie T Interiors through the Site.

By using the Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you to the most current email address provided by you.

We expressly disclaim all liability for any accidental disclosures beyond our reasonable control.

PRIVACY OF MINORS

The Service is not eligible to those under the age of 18. We do not knowingly collect information from children under 18 and thus, if you are under the age of 18 please do not provide us with any information. Because we do not intentionally collect any information from anyone under the age of 18, we also do not knowingly distribute such information to third parties. If you learn that your child has provided us with Personal Information without your consent, you may alert us at kylie@Kylietinteriors.com. If we learn that we have collected any Personal Information from children under 18, we will promptly take steps to delete such information and terminate the child’s account, subject to and in compliance with applicable law.

INTERNATIONAL USERS

By using the Service, you will transfer data to the United States.

By choosing to visit the Service or otherwise provide information to us, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the law of the Commonwealth of Massachusetts and the adjudication of any disputes arising in connection with Kylie T Interiors or the Service will be in accordance with the Terms of Service.

If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and processing globally. By providing your information you consent to any transfer and processing in accordance with this Privacy Policy.

CHANGES TO OUR PRIVACY POLICY AND PRACTICES

We may revise this Privacy Policy, so review it periodically.

Posting of Revised Privacy Policy. We will post any adjustments to the Privacy Policy on this web page, and the revised version will be effective when it is posted. If you are concerned about how your information is used, bookmark this page and read this Privacy Policy periodically.

New Uses of Personal Information. From time to time, we may wish to use Personal Information for uses not previously disclosed in our Privacy Policy. If our practices change regarding previously collected Personal Information in a way that would be materially less restrictive than stated in the version of this Privacy Policy in effect at the time we collected the information, we will make reasonable efforts to provide notice and obtain consent to any such uses as may be required by law.

Contact Information

Kylie T Interiors,

E: kylie@Kylietinteriors.com

PH: 508-651-0735