Midsummer Dream House

Terms and Conditions

Introduction

These Terms and conditions apply to this website and any transactions related to Midsummer Dream Houses’s products or services. You may be bound by additional contracts related to your relationship with Midsummer Dream House or any products that you receive from it. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of the additional contracts will control and prevail.

By accessing or otherwise using this website, you hereby agree to be bound by these Terms and conditions set forth below. The use of this website implies the knowledge and acceptance of these Terms and conditions.

By communicating with Midsummer Dream House by electronic means you agree and acknowledge that Midsummer Dream House may communicate back with you electronically, and you agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.

This website may include hyperlinks or other references to other party’s websites. Midsummer Dream House does not monitor or review the content of other party’s websites which are linked to from this website. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by Midsummer Dream House. Midsummer Dream House will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. Midsummer Dream House will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.

By visiting this website, you agree to use it only for the purposes intended and as permitted by these Terms and generally accepted online practices. You are not permitted to use this website to use, publish or distribute any material which consists of (or is linked to) malicious computer software; use data collected from this website for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to this website. Engaging in any activity that causes, or may cause, damage to this website or that interferes with the performance, availability, or accessibility of the website is strictly prohibited.

Midsummer Dream House may, at its sole discretion, at any time modify or discontinue access to, temporarily or permanently, this website or any Service thereon. You agree that Midsummer Dream House will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the website or any content that you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed are permanently lost. You are not permitted to circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on this website.

Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. This website and all content on this website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. Midsummer Dream House expressly disclaims all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content. Midsummer Dream House makes no warranty that:

• this website or its content will meet your requirements;
• this website will be available on an uninterrupted, timely, secure, or error-free basis.

Nothing on this website constitutes or is meant to constitute, legal, financial or medical advice of any kind. If you require advice you should consult an appropriate professional. The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude Midsummer Dream House’s liability in respect of any matter which it would be unlawful or illegal for Midsummer Dream House to limit or to exclude its liability. In no event will Midsummer Dream House be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, this website. Except to the extent any additional contract expressly states otherwise, Midsummer Dream Houses’s maximum liability to you for all damages arising out of or related to the website or any products marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to the total price that you paid to Midsummer Dream House to purchase such products or use the website. Such limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature.

Access to the website from territories or countries where the Content or purchase of the products sold on the website is illegal is prohibited. You may not use this website in violation of export laws and regulations of United States.

You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and conditions, in whole or in part, to any third party without Midsummer Dream Houses’s prior written consent. Any purported assignment in violation of this Section will be null and void.

Without prejudice to Midsummer Dream Houses’s other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, Midsummer Dream House may take such action as it deems appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or commence legal action against you.

Except for obligations to pay money hereunder, no delay, failure or omission by either party to carry out or observe any of its obligations hereunder will be deemed to be a breach of these Terms and conditions if and for as long as such delay, failure or omission arises from any cause beyond the reasonable control of that party.

You agree to indemnify, defend and hold Midsummer Dream House harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.

Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.

These Terms and Conditions will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language.

These Terms and Conditions shall constitute the entire agreement between you and Midsummer Dream House in relation to your use of this website.

Midsummer Dream House may update these Terms and Conditions from time to time. It is your obligation to periodically check these Terms and Conditions for changes or updates. The date provided at the end of these Terms and Conditions is the latest revision date. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions.

These Terms and Conditions shall be governed by the laws of the state of California in the United States. Any disputes related to these Terms and Conditions shall be subject to the jurisdiction of the courts in the United States and the sole and exclusive venue shall be a court of competent jurisdiction located in San Diego County, California, and you hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. You specifically agree to waive any and all rights to request that an action be transferred for adjudication to another county. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.