Terms and Conditions

Welcome to the TwystedbyDesign web site ("the Site," "we," "us," or "our"). TwystedbyDesign provides the Site as a service to its customers. Please read the following terms of service ("Terms") as they govern your use of our Site, including the purchase of products on the Site (“Products”) or other services available on the Site (“Services”). By using the Site, you agree to follow and be bound by the following rule below. If you do not agree to these Terms, please do not use this Site in any way.

Additionally, TwystedbyDesign reserves the right to modify these Terms at any time without prior notification. Please review this page periodically for changes. Any use of our Site at any time constitutes full acceptance of our these Terms as currently effective. 

DESCRIPTION OF TWYSTEDBYDESIGN

TwystedbyDesign is an online retailer of recreational non-medical grade masks, jewelry, clothes, and other artistic products.

USAGE RESTRICTIONS

All of the content that appears on the TwystedbyDesign web site, including all visuals, text, audio and video clips are subject to copyright protections and/or other intellectual property rights or licenses held by TwystedbyDesign. The entire content of the TwystedbyDesign web site is copyrighted as a collective work under U.S. copyright laws. TwystedbyDesign grants you a limited license to access and make personal use of the content on this website. Content of the TwystedbyDesign website is intended solely for the personal, noncommercial use by the users of our Site.

NOTICE AND PROCEDURE FOR ADDRESSING INTELLECTUAL PROPERTY CONCERNS

If you have any concerns related to intellectual property on the site, please provide the TwystedbyDesign copyright agent the following:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

A description of the copyrighted work or other intellectual property at issue;

The location of the material giving rise to the concern on the Site;

Your address, telephone number, facsimile number, and email address;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law;

A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.

TwystedbyDesign's agent for copyright issues is as follows:

Marlene Maseman

6111 Yeats Manor Drive

Tampa, FL 33616

Email:creative@twystedbydesign.com

MEMBERSHIP ELIGIBILITY

Membership for TwystedbyDesign is free. However, our membership services are not available to users under the age of 18 or to members who, at our discretion, have been suspended or removed from the TwystedbyDesign systems. Members agree to all these Terms and must only apply for membership if eligible.

NOTICE

By using the Site you consent to receive communications from TwystedbyDesign electronically. TwystedbyDesign will communicate with you by email or by posting notices on the Site. You agree that all notices, disclosures, agreements and other communications that TwystedbyDesign provides electronically satisfies any legal requirement that such communications be in writing.  

THE CONTENT ON THIS WEBSITE IS FOR INFORMATIONAL USE ONLY AND IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. 

PRICING AND SHIPPING POLICY

At TwystedbyDesign, we are committed to providing our customers with great quality Products at reasonable prices. We have done our best to display our items as accurately as possible on the Site. Please be aware, variations in style, color, size, shape and look may occur.  At this time, TwistedbyDesign only ships within the continental United States.

FINAL SALE POLICY

Products denoted as Final Sale are not eligible for exchange, credit or refunds. Price adjustments will not be provided to previous orders.

CORRECTION OF SITE ERRORS

The information on the TwystedbyDesign website may contain typographical errors or inaccuracies. We reserve the right to update any information we see fit at any time without prior notice. Please note that such errors may relate to product information, pricing and availability. In these instances, we shall have the right to terminate any orders involving pricing errors or inaccuracies. We apologize for any inconveniences.

ACCOUNT AND PASSWORD

If you establish an account with us, you will be requested to select an ID and password. You promise to provide us with accurate, complete, and updated registration information about yourself. To keep your account secure, you are responsible to protect the security of your account and not share your account ID or password with anyone, You are responsible for all activity associated with your account. You represent and warrant that you are of legal age to form a binding contract (or if not, you have received your parent's or guardian's permission to access the Site and to agree to these Terms on your behalf). If you're agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity's behalf and bind them to these Terms (in which case, the references to "you" and "your" in these Terms, except for in this sentence, refer to that organization or entity).

USER CONTENT

The Site allows you to post content, including, but not limited to, photos, reviews, ideas, suggestions, links, and other materials. Anything that you post or otherwise make available on or in connection with the Site is referred to as “User Content.” User Content is non-confidential, non-proprietary, and may be used by TwystedbyDesign or their affiliates for any purpose without further permission, consent, payment, or other consideration, unless prohibited by law. You agree that as a condition of permitting you to submit User Content, you grant TwystedbyDesign, TwystedbyDesign's affiliates, and any sub-licensees, subject to the Privacy Policy, a non-exclusive, irrevocable, royalty-free, worldwide, fully sub-licensable, perpetual right and license to use, copy, publicly perform, digitally perform, publicly display, and distribute User Content, including the use of your name, alias, and any other information (provided by you), and to prepare derivative works based on, or incorporate into other works, User Content, with or without attribution. You represent and warrant that any User Content is in compliance with all applicable laws and regulations, and it is not composed of and does not contain viruses, solicitations, or any form of spam. Your submission of User Content constitutes an agreement that you will defend, indemnify, and hold TwystedbyDesign harmless for all claims resulting from User Content you supply.

TwystedbyDesign is not responsible for, and does not endorse the opinions, advice or recommendations in User Content and specifically disclaim all liability in connection therewith.

TwystedbyDesign reserves the right to modify, review, delete and refuse to post User Content for any reason.

RULES OF CONDUCT

By using the Site, you agree that you will not submit any User Content that: (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms or can reasonably be expected to harm any person or entity; (e) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including User Content that is or represents an attempt to engage in child pornography, stalking, sexual assault, suicide, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity; (f) infringes or violates any right of a third party; (g) is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations) unless specifically authorized by TwystedbyDesign; (h) contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity's use or enjoyment of the Site; (i) violates any specific restrictions applicable to a blog or forum, including its age restrictions and procedures; or (j) is antisocial, disruptive, or destructive, including flaming, spamming, flooding, trolling, and griefing as those terms are commonly understood and used on the internet. 

INDEMNITY

To the maximum extent permitted by applicable law, you agree to hold harmless and indemnify TwystedbyDesign and its respective subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from and against any third-party claim arising from or in any way related to your use of the Site, including any liability or expense arising from all claims, losses, damages (actual and/or consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. 

TERMINATION OF SITE, SERVICES OR ACCOUNT

TwystedbyDesign reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Site, Services, including your account, at any time for any reason without prior notice or liability. In the event of termination of the Site, Services, or account, you will still be bound by your obligations under these Terms, including the warranties made by you, and by the disclaimers and limitations of liability. TwystedbyDesign shall not be liable to you or any third-party for any termination of your access.

THIRD PARTY LINKS

To improve our Site, TwystedbyDesign may use and promote services provided by outside third parties. However, even if the third party is affiliated with TwystedbyDesign, we do not control these services and make no representations regarding these persons or entities. We make no warranties or representations regarding these third-party sites, and we are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability, available products or services, of any such sites. Third party sites linked on our Site, all of which have separate privacy and data collection practices, are only for your convenience and therefore you access them at your own risk.  We are not responsible or liable for any loss or damage of any sort incurred as a result of any dealings with any third party website or merchant or operator of such a third party website. You access and use of these third-party websites and their services or products at your sole risk.

DISCLAIMER OF WARRANTIES

TwystedbyDesign provides the Site (including all Products and Services) “as is” without warranty of any kind, whether express or implied. You are solely responsible for damage that results from the use of the Site including, but not limited to, damage to your computer system or loss of data.

TWYSTEDBYDESIGN SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

TWYSTEDBYDESIGN SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES FOR ANY CAUSE OF ACTION EXCEED THE AMOUNT PAID BY YOU, OR $100 (WHICHEVER IS LESS).

LIMITATION OF LIABILITY

UNLESS PROHIBITED BY APPLICABLE LAW, TWYSTEDBYDESIGN MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO TWYSTEDBYDESIGN, ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. TWYSTEDBYDESIGN  ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF TWYSTEDBYDESIGN OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT TWYSTEDBYDESIGN OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT PROVIDED ON OR THROUGH TWYSTEDBYDESIGN IS PROVIDED TO USERS "AS IS," WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE "AS IS" CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE TWYSTEDBYDESIGN SERVICES.

UNLESS PROHIBITED BY APPLICABLE LAW, TWYSTEDBYDESIGN  SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE APPLICATION, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE), OR ANY OTHER PECUNIARY LOSS, WHETHER OR NOT TWYSTEDBYDESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL TWYSTEDBYDESIGN BE LIABLE TO YOU FOR ANY AMOUNT.

LIMITATION ON LEGAL ACTION

You and TwystedbyDesign agree that any cause of action arising out of or related to the Site, Product, or Services must be initiated within one (1) year after the cause of action arises. Otherwise, such cause of action is permanently barred.

DISPUTE RESOLUTION

By using the Site, you agree that all disputes, claims, or causes of action arising from or related to your use of the Site will be resolved through binding arbitration in Tampa, Florida in accordance with the rules of the American Arbitration Association. ARBITRATION OF A DISPUTE, CLAIM OR CAUSE OF ACTION SHALL BE IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

These Terms and Conditions shall be construed in accordance with the laws of the state of Florida, without giving effect to any choice or conflict of law provision. You agree to jurisdiction in Florida and you will initiate any claim in connection with use of the Site or these Terms and Conditions in Hillsborough County, Florida.

Nothing in this Section shall prevent TwystedbyDesign from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Site.

GENERAL TERMS

Entire Agreement/Severability. These Terms and Conditions, together with the Privacy Statement and any amendments and any additional agreements you may enter into with  TwystedbyDesign, shall constitute the entire agreement between you and TwystedbyDesign. If any provision of these Terms of Use is deemed invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Use will remain in full force and effect.

No Waiver. 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, and TwystedbyDesign failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Defined Words. Any capitalized words used herein and not otherwise defined are defined in TwystedbyDesign's Terms and Conditions or Privacy Policy.

Interpretation.  Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.