Terms of Use

Somerton Dwelling (“Somerton”) welcomes you to the Somerton Dwelling website located at www.somertondwelling.com (the “Website”). Please review the following Website terms of use (“Terms of Use”) carefully before using the Website. By accessing and using the Website, you agree to be bound by the Terms of Use set forth herein. If you do not agree with these Terms of Use, your sole recourse is to leave the Website immediately. A copy of these Terms of Use may be downloaded, saved and printed for your reference. Somerton Dwelling may revise these Terms of Use at any time by updating this posting and you should therefore visit this page periodically to review the Terms of Use.

Please note that children are not permitted to register on this Website without parental consent.

OWNERSHIP/RESTRICTIONS ON USE

The Website is owned and operated by Somerton Dwelling. Any and all content, data, graphics, drawings, photographs, images, audio, video, software (including source and object codes), trademarks, service marks, trade names and other information (collectively, the “Content”) available on this Website are the sole property Somerton Dwelling and/or its licensors. All Content is protected by USA and international intellectual property laws. Except as set forth herein, you may not modify, copy, reproduce, publish, post, transmit, distribute, display, perform, create derivative works from, transfer or sell any Content without the express prior written consent of Somerton Dwelling. You may download, print and reproduce the Content for your own informational purposes provided you agree to maintain any and all copyright or other proprietary notices contained in such Content, and that you cite the URL Source of such Content. Reproduction of multiple copies of the Content, in whole or in part, for resale or distribution is strictly prohibited except with the prior written permission of Somerton Dwelling. To obtain written permission for such reproduction, please contact us at: Somerton Dwelling, 1228 Sherborn Street, Corona, CA 92879, USA or at info@somertondwelling.com.

CODE OF CONDUCT

As a condition of your continued access to and use of the Website, you agree to abide by all applicable federal, provincial, territorial and other laws and regulations. The Website may be used only for lawful purposes or purposes expressly authorized in the Terms of Use. In addition, without limiting the foregoing, you agree not to:

  1. upload, post, e-mail, link, distribute, store or otherwise transmit any material, including in the creation of a username, that:
    1. constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
    2. infringes any patent, trademark, trade secret, copyright or other proprietary or privacy rights of any party;
    3. is unlawful, harmful, threatening, abusive, harassing, tortious, sexually explicit, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable;
  2. harvest or otherwise collect or store any information (including personal information) about other users of the Website, including e-mail addresses, without the express consent of such users;
  3. impersonate any person or entity, including, but not limited to, a Somerton Dwelling employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. attempt to gain unauthorized access to the Website, other computer systems or networks connected to the Website, through password mining or any other means;
  5. interfere with or disrupt networks or servers connected to the Website, or attempt to violate the security of the Website by any means. Violations of system or network security may result in civil or criminal liability. Somerton Dwelling will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations;
  6. use, download or otherwise copy, or provide to any person or entity any Website user directory or other user or usage information or any portion thereof other than in the context of your use of the Website;
  7. post any incomplete, false or inaccurate information;
  8. delete or revise any material posted by any other person or entity;
  9. use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website;
  10. take any action which imposes an unreasonable or disproportionately large load on this Website’s infrastructure;
  11. attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website;
  12. aggregate, copy or duplicate in any manner any of the materials or information available from the Website;
  13. post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
  14. Frame of or link to any of the materials or information available from the Website;
  15. facilitate or encourage any of the above conduct. The foregoing is hereinafter collectively referred to as the “CODE OF CONDUCT”.

RIGHTS GRANTED TO SOMERTON DWELLING

By submitting Content to the Website, you grant Somerton Dwelling and its affiliates the royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such Content, including, without limitation, for the purpose of our online contests. You also warrant that the holder of any rights, including moral rights in such Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user to access, display, view, store and reproduce such Content for personal use. Subject to the foregoing, the owner of such Content placed on the Website retains any and all rights that may exist in such Content.

DISCLAIMERS

Somerton Dwelling does not represent or guarantee the truthfulness, accuracy, or reliability of Content posted by users. Somerton Dwelling has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Content posted by users. If notified by a user of Content which allegedly does not conform to these Terms of Use, Somerton Dwelling may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the Content. Somerton Dwelling has no liability or responsibility to users for performance or nonperformance of such activities. Somerton Dwelling reserves the right to expel users and prevent their further access to the Website for violating the Terms of Use or the law and the right to remove Content which is abusive, illegal, or disruptive. Somerton Dwelling may take any action with respect to user-submitted Content that it deems necessary or appropriate in its sole discretion if it believes it may create liability for Somerton Dwelling.

LIABILITY

We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through the Website. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using this Website. The Content may contain inaccuracies or typographical errors. The actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. Somerton Dwelling makes no representations about the accuracy, reliability, completeness, or timeliness of the Website or the Content. The use of the Website and the Content is at your own risk. Changes are periodically made to the Website and may be made at any time.

THIRD-PARTY LINKS

We may offer links on the Website to other websites on the Internet that are owned and operated by third parties. We provide these links as a convenience to our visitors. We do not review the content of such websites, and neither endorse, nor are responsible for, any content, advertising, products, services or other materials on or available from such third-party websites. You assume full responsibility for your use of third-party websites. Such websites may be governed by terms and conditions different from those applicable to this Website, and we encourage you to review the terms and privacy policies of those third parties before using their websites.

The links which we might place on our Website do not imply that we sponsor, endorse or are affiliated or associated with, or have been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such sites.

DISCLAIMER / LIMITATION OF LIABILITY

Although we strive to update and keep accurate as much as possible the Content contained on the Website, errors and/or omissions may occur.

ACCORDINGLY, YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. ALL CON-TENT INCLUDED ON OR AVAILABLE THROUGH THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT YOUR ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE CONTENT IS TIMELY, SECURE OR ERROR-FREE. IF YOUR USE OF THE WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, SOMERTON DWELLING IS NOT RESPONSIBLE FOR THOSE COSTS.TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOMERTON DWELLING DISCLAIMS ALL WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.

UNDER NO CIRCUMSTANCES WILL SOMERTON DWELLING BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, OR ANY CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOMERTON DWELLING DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY OR DAMAGE OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND AND DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION (INCLUDING, WITHOUT LIMITATION, LAWYER’S FEES AND OTHER LEGAL EXPENSES) RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE WEBSITE OR THE CONTENT. Some jurisdictions do not allow exclusion or limitation of CERTAIN damages. ACCORDINGLY, the EXCLUSIONS AND/OR limitations above may not apply to you.

INDEMNITY

You agree to indemnify and hold harmless Somerton Dwelling, its affiliates, members, officers, employees, agents, and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), resulting from your (or anyone acting under your password or user name) use of this Website, connection thereto, or any alleged violation by you of these Terms of Use, including, without limitation, the Code of Conduct.

PRIVACY

Somerton Dwelling respects your right to privacy of your personal information. Please review our Privacy Policy for details on the manner in which we collect, use, disclose and otherwise manage your personal information.

CHANGES AND TERMINATION

Somerton Dwelling reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Further, Somerton Dwelling reserves the right to change these Terms of Use at any time and to notify you by posting an updated version of the Terms of Use on this Website. You are responsible for regularly reviewing the Terms of Use, including, without limitation, by checking the date of “Last Update” at the bottom of this document. Continued use of the Website after any such changes shall constitute your acceptance of the amended Terms of Use. Your only right with respect to any dissatisfaction with (1) these Terms of Use (2) any policy or practice of ours in operating the Website or (3) any Content available through the Website, is to stop visiting and using the Website.

ACCESS TO YOUR PERSONAL INFORMATION

You have the right to access, update, and correct inaccuracies in your personal information in our custody and control, subject to certain exceptions prescribed by law. You may request access, updating and corrections of inaccuracies in your personal information by emailing or writing to us at the contact information set out below. We may request certain personal information for the purposes of verifying the identity of the individual seeking access to their personal information.

CHANGES TO THE PRIVACY NOTICE

This Privacy Policy may be updated periodically to reflect changes to our personal information practices. The revised Privacy Policy will be posted on this Website.

GENERAL

These Terms of Use are governed by the internal substantive laws of the State of California, USA, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the courts having jurisdiction within the judicial district of the County of Riverside, California. If any provision of these Terms of Use are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. These Terms of Use constitute the entire agreement between you and Somerton Dwelling with respect to the use of the Website.

No changes to these Terms of Use shall be made except by a revised posting on this page.

ADDITIONAL TERMS OF USE

When you register for the Website, you will be asked to provide Somerton Dwelling with certain information (your “Information”). In addition to the terms and conditions that may be set forth in any confidentiality policy on this Website, you understand and agree that Somerton Dwelling may disclose to third parties, on an anonymous basis, certain aggregate Information contained in your registration application. Somerton Dwelling will not disclose to any third party your Information without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. Somerton Dwelling reserves the right to offer third-party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by Somerton Dwelling or by third parties. Please see Somerton’s Privacy Policy for further details regarding your Information.

CONTACT US

You may contact us at any time if you have any questions or comments about this Privacy Policy or if you wish to request access to your personal information.

Somerton Dwelling
1228 Sherborn Street
Corona, CA 92879 USA
Tel. 951-898-1616 Fax 951-898-1666
info@somertondwelling.com

Last updated June 2015


Sharing the love

We love hearing from you and seeing your photos. That is why we created the #somertondwelling hashtag. The hashtag makes it easy for you and us to share your product photos in our gallery. So that you know what we do with the images you tag, we’ve prepared a summary below.

Media Sharing Terms & Conditions

BY POSTING CONTENT IN CONNECTION WITH THE #SOMERTONDWELLING HASHTAG (EITHER VIA DIRECT UPLOAD OR BY POSTING TO A SOCIAL MEDIA SITE USING THE HASHTAG #SOMERTONDWELLING), YOU ARE REPRESENTING THAT YOU AGREE TO THE TERMS OF OUR USER GENERATED CONTENT POLICY AND OUR LEGAL NOTICE, THAT YOU WILL COMPLY WITH ALL OF THE REQUIREMENTS OF EACH POLICY, AND THAT YOU ARE AT LEAST EIGHTEEN YEARS OLD.

How do I submit my photos to the #somertondwelling gallery?

Sharing the love is easy! Just take a photo of your favorite Somerton Dwelling things, tag it #somertondwelling and share it on Twitter™ or Instagram™ or upload your photo directly onto the #somertondwelling gallery. By using the #somertondwelling hashtag or uploading your photo to the #somertondwelling gallery, you agree and give your consent to Somerton Dwelling that your photo and your name and likeness may be used by Somerton Dwelling, including perhaps on somertondwelling.com or linking through to the products shown in your photo. You also represent that you are at least eighteen (18) years old, and you acknowledge that your photo, name, social media handle and any associated caption will be considered a "Submission". Finally, you agree to all of the terms in our User Generated Content Policy, including the grant of rights in a submission as described in that policy, and our Legal Notice.

So, what should I take a picture of?

We want to see how much you love your Somerton Dwelling furniture and how you make it part of your home.

Remember: If you show a person in the photo, it should be you. Share with the world how you use your Somerton Dwelling furniture in your home. We love seeing you enjoy our beds, tables, chairs and accessories.

We only want to share happiness at #somertondwelling- so please do not share anything that is obscene, vulgar, sexually explicit, hateful, profane, indecent, illegal, or racially or ethnically derogatory. The same goes for content that would constitute a criminal offense or promotes alcohol, drugs, tobacco, firearms or weapons. For the full list of what you shouldn't share, please review our User Generated Content Policy.

I shared my photo, but I don't see it on somertondwelling.com. Why not?

First, you should check to see if your Instagram™ or Twitter™ account is public. If your account is private, then we can't see your photos. Also make sure you've used the hashtag #somertondwelling. If we cannot identify our Somerton furniture, we no longer carry the product, if you are under 18, or we believe your photo does not comply with our requirements, then we will not be able to post it either. Somerton Dwelling has full discretion as to whether or not your photo will be displayed on our gallery.

How can I my photo off of somertondwelling.com?

To remove your photo, please click on the report icon (the triangle with an exclamation mark in it) next to your photo. A dialogue box will pop up asking the reason why you are flagging your photo and asking for your email address. Your email address only will be used to communicate with you about the picture. After we receive your request, and confirm it, we'll do our best to remove your photo from the gallery.

Who owns the photo once it has been submitted?

You own the photo that you share. However, once you tag your photo #somertondwelling and share it, you are agreeing to our Legal Notice and our User Generated Content policy. Without limitation, you grant Somerton Home Furnishings, Inc. dba Somerton Dwelling, and its affiliates and related companies, the permission, among other things, to use the photo and use your name, social media handle and any accompanying caption on our website, emails, in advertising or in any other marketing material. For more specifics, please review the full Legal Notice and our User Generated Content Policy.

Other important information

When you submit a photo to the #somertondwelling gallery via Instagram™ or Twitter™, your use of Instagram™ and Twitter™ is governed by the terms and conditions of those sites. Instagram™, Twitter™ and other similar social media forums are registered trademarks of their respective companies and are not affiliated with Somerton Dwelling or somertondwelling.com. Any submission through these or other similar social media sites are subject to all rules and regulations of such sites. If you submit your photo using a mobile phone, then standard data rates may apply.

Sometimes we may be the ones sharing the love with you

Occasionally, we will offer a sweepstakes, contest or promotion where we ask you to send materials or information to us (and sometimes others). These fun opportunities may be governed by a separate set of rules, guidelines or terms. We will provide you with the particulars so you can determine if you want to participate, how to register and what you have to do to comply with the terms. By participating in a sweepstakes or contest through somertondwelling.com, you signify your agreement and acceptance of the terms and any sweepstakes rules or contest rules which we may specify.
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