We welcome you to the Decadent Avenue website.  The use of the Decadent Avenue website exhibits your unconditional agreement of these terms of use.  Use of this website also exhibits your knowledge and understanding that these terms may change at any time without notice.

Copyright:

All graphics, logos, images, text, audio clips, digital downloads, and software on this site are the property of Decadent Avenue or our suppliers.  These elements are protected under the United States copyright laws.  

Trademarks:

Trademarks of Decadent Avenue or our associates may not be used without prior written permission.  This includes Decadent Avenue’s name and logo, other graphics and logos, page headers, button icons and scripts.  All trademarks not owned by Decadent Avenue that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Decadent Avenue.

Use:

Decadent Avenue allows you to make personal use of the Decadent Avenue website for shopping and ordering functions only.  You may not use the Decadent Avenue website for any other reason without written permission.  Any other use can result in the termination of your use of the Decadent Avenue website.

Errors:

Decadent Avenue strives to provide you with the most accurate and up to date information possible.  Decadent Avenue can not fully remove the degree of possibility of errors or omissions existing on the Decadent Avenue website.  Errors or omissions may occur in relation to product descriptions, measurements, images, availability or pricing.  Decadent Avenue does reserve the right to correct these errors or omissions before or even after a transaction without notice.  Decadent Avenue does not warrant that your use of this site will be uninterrupted or error free.  Although Decadent Avenue endeavors to provide accurate information, it does not warrant or make any representations regarding the accuracy or reliability of information on this site.

Links to Other Websites and Services:

This site may include links to other Internet sites maintained by third parties ('Linked Sites'). Decadent Avenue provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by Decadent Avenue of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave the Decadent Avenue site. Linked Sites are not under the control of Decadent Avenue and Decadent Avenue is not responsible for the contents of any Linked Site.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY DECADENT AVENUE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DECADENT AVENUE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DECADENT AVENUE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DECADENT AVENUE DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM DECADENT AVENUE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DECADENT AVENUE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

Indemnification:

You shall defend, indemnify and hold harmless Decadent Avenue, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, shareholders, successors and assigns (collectively, "Indemnified Parties"), from and against any claim, loss, damage, liabilities and judgments, and fees and expenses related thereto (including, without limitation, reasonable attorney's fees), incurred by any of the Indemnified Parties arising from or related to: (i) your use of this site; (ii) any breach or violation of these terms of use by you; or (iii) the violation of any rights of another resulting from or relating to your use of this site.

User-Generated Content:

Decadent Avenue does collect user generated content in the form of reviews, testimonials, or other user submitted content.  You understand that by submitting this information that Decadent Avenue is not responsible for keeping this information confidential.  Rather, this information is considered non-confidential and non-proprietary.  Decadent Avenue reserves the right to use this information for any purpose. 

Order Acceptance:

Decadent Avenue reserves the right to refuse or cancel any order from any user for any reason.  Refusal or cancellation may occur even after an order number has been created.

Right to Access:

Decadent Avenue does not permit the sale of products on this site to minors or members that have been suspended from the Decadent Avenue website.  You must be over 18 years of age to order from Decadent Avenue.

Risk of Loss:

Decadent Avenue does use third party carriers for deliveries.  This means that the risk of loss and title for products purchased through this site pass to you upon our delivery to the carrier. Decadent Avenue assumes no liability for losses or damages resulting from a third-party carrier.

California Proposition 65: 

Some of the products we sell are made using lead.  In accordance with Proposition 65, we issue the following warning to our California customers: "Use of this product will expose you to lead and/or cadmium, chemicals known to the State of California to cause birth defects or other reproductive harm."  

In accordance with Proposition 65, when a ceramic glaze meets FDA standards but fails to meet the standards of Proposition 65, we issue the following warning to our California customers: "The materials used as colored decorations on the exterior of this product contain lead, a chemical known to the State of California to cause birth defects or other reproductive harm." If the interior or pouring lip of a serving vessel is finished with a glaze that contains lead, we issue the following warning: "Use of this product will expose you to lead and/or cadmium, chemicals known to the State of California to cause birth defects or other reproductive harm."

Copyright Infringement Notice:

Decadent Avenue respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.

Applicable Law:

The law applicable to the interpretation and construction of these terms of use and any transaction (including purchases made on this site) using or related to the site, shall be the laws of the State of Tennessee, USA without regard to principles of conflict of laws. You agree that all matters relating to your access to or use of the site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Tennessee.