Terms and Conditions

These Terms and Conditions apply to websites, applications, products, and services of Fascination Bay by Design and affiliated entities. By using our websites, applications, products or other services, you signify your acceptance of these Terms and Conditions. 

1. Privacy

Please review our Privacy Policy, which also governs your use of our products and services. 

2. Ownership and Copyright

The content on fascinationbay.com, including but not limited to text, graphics, logos, images, and software, is the property of Fascination Bay by Design or its content suppliers and is protected by U.S. and international copyright laws. 

3. Use of Content and Site

The content available on or through use of our websites downloading any application from our web site, or using our products or services, including but not limited to data, text, articles, software, images, graphics, downloads, icons, logos, photographs, audio and video, links and references, software, and other materials (collectively “Content”) is provided for informational purposes only.  

4. Code of Conduct

You agree to use our services solely in compliance with these Terms and Conditions and applicable law. Without limiting the generality of the foregoing, you agree not to do any of the following: spamming; phishing; transmission of unlawful, harmful, objectionable, or in appropriate content; transmission of trade secrets; transmission of advertisements, solicitation, or unsolicited commercial or harmful communication; restriction of or interference with any other visitor from using the Services; directly or indirectly expressing or implying that statements you make are endorsed by us; uploading any content containing any virus, worm, unauthorized file, script, or program designed to damage or allow unauthorized use of or access to the Services; removing any copyright, trademark or proprietary rights notices; framing or mirroring any portion of the Site; use of any spider, site search/archival application, bot, or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; forging or otherwise manipulating headers or identifiers in order to disguise the origin of any email; use false email addresses, or misleading content to impersonate another person; or harvest or collect information about the site visitors or members without their express written consent. 

5. Your Account

In order to use some of the features or functionality offered through our website, you may need to create an account and have a valid payment method associated with it. You are responsible for providing truthful and accurate information to create an account, and for maintaining the confidentiality of passwords to your account. We reserve the right to terminate your account, refuse registration of passwords, refuse service, or terminate your rights under these Terms and Conditions, or cancel orders in our exclusive discretion. 

6. Purchases

If you wish to purchase any products through our websites or applications, you will be asked by us or the third-party provider of the services to supply certain information applicable to your purchase, including, without limitation, credit card details and shipping information. You understand that any such information will be treated by us in the manner described in our Privacy Policy. You agree that all information that you provide to us or such third- party provider will be true, accurate, current and complete. 

7. Limitation of Liability

Fascination Bay by Design, its representatives, owners, affiliates, directors and officers, employees, agents, etc. are not liable for any direct, indirect, incidental, or consequential damages arising out of your use of the website or any products purchased through the website.

8. Indemnification

You agree to fully indemnify, defend and hold Fascination Bay by Design, its representatives, owners, affiliates, directors and officers, employees, agents, etc. from and against any and all claims, damages, losses, costs and other expenses that arise directly or indirectly out of or from (a) your breach of these Terms and Conditions, (b) any allegation that any ideas or other materials you submit to us or transmit to a Fascination Bay website or application infringe or otherwise violate the copyright, patent, trademark, trade secret or other intellectual property or other rights of any third party, and/or (c) your activities in connection with the website.

9. Governing Law and Jurisdiction 

These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its conflicts of law principles. You agree to submit to the personal jurisdiction of the state and federal courts located in Delaware for any disputes arising out of your use of the website.

10. Entire Agreement

These Terms and Conditions constitute the entire agreement between you and Fascination Bay by Design and governs your use of the website, superseding any prior agreements between you and Fascination Bay by Design with respect to the websites and applications. 

11. Severability

If any provision of these Terms and Conditions is for any reason deemed invalid, unlawful, void or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms and Conditions and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms and Conditions, which will remain in full force and effect.