Terms of service

Creative Nomads Design LLC, doing business as SpaceFrog Designs

OVERVIEW

Welcome to SpaceFrog Designs! The terms "we", "us" and "our" refer to Creative Nomads Design LLC, doing business as SpaceFrog Designs. SpaceFrog Designs operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). SpaceFrog Designs is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ELIGIBILITY

By agreeing to these Terms of Service, you represent that you are at least 18 years of age, or that you are accessing the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. You have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS

All products offered through SpaceFrog Designs are made to order and produced specifically for you at the time of purchase. We have made every effort to provide an accurate representation of our products in our online store. However, please note that colors or product appearance may differ from how they appear on your screen due to the type of device you use and your device settings and configuration.

Please note that lifestyle and studio images featured in our store are for inspiration and demonstration purposes only and may not reflect exact product dimensions or room settings. All product dimensions and specifications are listed individually on each product page. We do not warrant that the appearance or quality of any products purchased will meet your expectations or be exactly as depicted in our online store.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities available to any person, geographic region or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. SpaceFrog Designs reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until SpaceFrog Designs confirms acceptance. We must receive and process your payment before your order is accepted.

Because all products are made to order and production begins promptly upon order acceptance, please review your order carefully before submitting. SpaceFrog Designs may be unable to accommodate cancellation or change requests once an order is accepted and in production. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email address provided at the time the order was placed.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, or handling charges.

Please note that SpaceFrog Designs ships exclusively within the United States through this store. International customers are welcome to visit our trusted international partner store via the link provided on our website, which operates as a separate entity with its own terms, pricing, and policies.

You agree to provide current, complete and accurate purchase and payment information for all purchases. You agree to promptly update your information, including your email address and payment details, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorized to use such payment method, (iii) charges incurred by you will be honored by your payment provider, and (iv) you will pay all charges incurred at the posted prices, including shipping, handling, and any applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY

SpaceFrog Designs ships exclusively within the United States. All products are made to order and require a production period of approximately 2 to 5 business days prior to shipping, depending on the product type and size selected. All delivery times provided are estimates only and are not guaranteed.

We are not liable for shipping and delivery delays caused by shipping carriers, or events outside our control. Once your order has been transferred to the carrier, title and risk of loss passes to you. Tracking information will be provided via email once your order has shipped.

For international shipping, please visit our trusted international partner store via the link on our website. Our international partner operates independently and is subject to its own terms, policies, and shipping timelines.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, artwork, text, displays, images, graphics, product designs, video, and audio, and the design, selection, and arrangement thereof, are owned by Creative Nomads Design LLC, doing business as SpaceFrog Designs, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by SpaceFrog Designs.

SpaceFrog Designs's names, logos, product and service names, designs, and slogans are trademarks of Creative Nomads Design LLC. You must not use such trademarks without the prior written permission of SpaceFrog Designs. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to tools offered by third parties as part of the Services, which we neither monitor nor have any control over. You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain hyperlinks to websites provided or operated by third parties, including our international partner store. We are not responsible for examining or evaluating the content, accuracy, or policies of any third-party websites you choose to access. If you decide to leave the Services to access third-party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products or services on any third-party websites. Please review the third-party's policies and practices carefully before engaging in any transaction. Complaints, claims, or concerns regarding third-party products and services should be directed to the respective third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

SpaceFrog Designs is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Creative Nomads Design LLC, doing business as SpaceFrog Designs. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and SpaceFrog Designs, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with SpaceFrog Designs.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy . The personal information we collect is limited to what is necessary to process and fulfill your orders, communicate with you, and where you have opted in, to send you newsletters and marketing communications. We do not sell your personal information to third parties.

Because the Services are hosted by Shopify, Shopify also collects and processes certain personal information in order to provide and improve the Services. Review our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, or proposals (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use.

You represent and warrant that: (i) you own or have all necessary rights to all Feedback submitted; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, or otherwise objectionable. You are solely responsible for any Feedback you submit and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times or availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any federal, state or local regulations, rules, or laws; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, or intimidate any person; (e) to transmit false or misleading information; (f) to transmit any advertising or promotional material, including spam or chain letters; (g) to impersonate or attempt to impersonate any other person or entity; or (h) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services.

In addition, you agree not to: (a) upload or transmit viruses or any other malicious code; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) use any robot, spider, scraping, or automated tools to access the Services without authorization; or (e) interfere with or circumvent the security features of the Services. We reserve the right to suspend or terminate your access at any time if we determine that you have violated any part of these Terms.

SECTION 14 - AGENTS

14.1 This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of any person or entity without direct supervision.

14.2 No Agent may access, use, or interact with Services unless it identifies itself and operates in strict accordance with the requirements in section 14.4 below.

14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.

14.4 Agents must: (i) identify that the request is from an Agent in all HTTP/HTTPS requests; (ii) not conceal or obfuscate that interactions are from an Agent; (iii) respond truthfully to any question seeking to determine if interactions are coming from a human or a computer; (iv) not circumvent any measure intended to block, limit, or control whether and how Agents access, use, or interact with the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. The following sections will continue to apply following any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Governing Law, and Privacy Policy.

SECTION 16 - DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY STATED BY SPACEFROG DESIGNS, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL CREATIVE NOMADS DESIGN LLC, DOING BUSINESS AS SPACEFROG DESIGNS, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Creative Nomads Design LLC, doing business as SpaceFrog Designs, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, due to or arising out of (1) your breach of these Terms of Service, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service without affecting the validity and enforceability of any remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service constitute the entire agreement between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.

SECTION 21 - ASSIGNMENT

You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Commonwealth of Kentucky, United States of America. You and Creative Nomads Design LLC consent to the exclusive venue and personal jurisdiction of the state and federal courts located in Kentucky for any disputes arising under these Terms.

SECTION 23 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates to our website. It is your responsibility to check this page periodically for changes. We will notify you of any material changes in accordance with applicable law. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions about these Terms of Service should be directed to us at:

Creative Nomads Design LLC, doing business as SpaceFrog Designs
support@spacefrogdesigns.com
9900 Corporate Campus Drive, Suite 3000
Louisville, KY 40223