Terms and Conditions
Terms and Conditions of Website Use
Intellectual Property Rights
The materials and content on http://www.thealphabetcity.com/ (the “Website”), including text, graphics, logos, button icons, images, audio or video clips, data compilations and software, as well as their selection and arrangement, are protected by copyright and/or other intellectual property laws, including laws of the United States and other countries, treaties and international conventions and are the property of Joanne Dugan Photography, LLC, d/b/a The Alphabet City® or its licensees. Any unauthorized use of the materials or content available on the Website may violate those laws. The Alphabet City® does not grant any express or implied right or license under any copyright or other intellectual property in any material or content on the Website, except as authorized in these Terms and Conditions. You may print, download and store copies of material on the Website for your own personal, non-commercial use. You may not charge anyone for use of the material and you may not publish or otherwise distribute the material to others. You may not modify the material in any way without the prior written consent of The Alphabet City®. It enforces its intellectual property rights to the fullest extent of the law.
The Alphabet City® and certain other names or logos displayed on the Website are trademarks, service marks or trade dress owned or licensed by The Alphabet City®, and all related products and service names, design marks and slogans are the service marks or trademarks of The Alphabet City® or its licensors. The foregoing intellectual property is protected by the trademark laws and other intellectual property laws of the United States and other countries, and by international treaties and conventions. Elements of the Website, including, but not limited to the “look” and “feel” of the Website, are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
All information, ideas, suggestions or other communications you transmit to The Alphabet City® concerning the products or materials on the Website, or other products or materials, shall be on a non-confidential basis and shall become the property of The Alphabet City®. The Alphabet City® and its affiliates shall be free to reproduce, use, disclose or distribute such communications without limitation, compensation to you or other obligation.
Acceptable Use of the Site
The Website and its services are intended to be used for the lawful purchase of the products available on the Website by United States residents for delivery within the United States. Orders received from or for delivery outside the United States are subject to acceptance. The Website may be used only for lawful purposes consistent with the foregoing. It is your responsibility to ensure that your use of the Website complies with these Terms and Conditions of Use. As one of the conditions of your use of the Website, you represent, warrant and agree to The Alphabet City® that:
(a) you will not use (or encourage or help others to use) the Website for any purpose or in any manner that is prohibited by these Terms and Conditions of Use or by applicable law;
(b) you will not upload, post or transmit to or distribute or otherwise publish through the Website any materials that:
(i) restrict or inhibit any individual who uses any aspect of the Website or its services (a “User”) from using and enjoying the Website;
(ii) are unlawful, threatening, hateful, abusive, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, indecent or endorse or advocate illegal or immoral activity, or violate the rights of any third party;
(iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, statute, ordinance or regulation;
(iv) violate, plagiarize or infringe the rights of third parties, including, without limitation, copyright, trademark, trade secret, patent, rights of privacy or publicity or any other proprietary right;
(v) contain a virus, worm, Trojan horse, or any other destructive feature, regardless of whether you intend any damage to the Website and/or its content;
(vi) contain any information, software or other material of a commercial nature;
(vii) contain advertising of any kind;
(viii) impersonate another person, living or dead;
(ix) contain chain letters, pyramid schemes or like documents;
(x) contain any commercial notices;
(xi) contain any information that is presented in any manner or for any purpose other than that which is within the Website’s intended and acceptable use; or
(xii) constitute or contain false or misleading indications of origin or statements of fact, including, but not limited to, the use of a false name;
(c) you will not upload, post or transmit to or distribute or otherwise publish through the Website any materials anonymously or under a false name;
(d) you will represent yourself accurately and truthfully at all times;
(e) you grant The Alphabet City the right to verify independently by any lawful means any information that you transmit to The Alphabet City through the Website, including, but not limited to, information about yourself;
(f) you will not modify, alter, adapt, translate, create derivative works from, reverse engineer, disassemble, decompile or decode the Website, or any element of it for any reason, except as expressly permitted by applicable law; and
(g) you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Website or its content, or any substantial part thereof, without the prior written consent of The Alphabet City.
Use and Protection of User Name and Password
If you establish a user name and password for the purpose of making purchases through the Website or gaining access to restricted areas of the Website, you are responsible for maintaining the confidentiality of your user name and password and for restricting access to your computer. You are no longer authorized to use, and you may not use, the user name and password if, at any time, you are no longer authorized to make purchases through, or have access to any restricted areas of, the Website, or if the conditions which entitle you to access cease to exist. You are responsible for all uses of your user name and password whether or not you have expressly or impliedly authorized such use. The Alphabet City® is entitled to rely on your compliance with the foregoing, and to assume that any person making purchases or accessing restricted areas of the Website using your user name and/or password is you, or is authorized by you to enter into agreements or make warranties or representations on your behalf.
You agree to indemnify, defend and hold harmless The Alphabet City®, and all its officers, directors, members, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms and Conditions or any use of your user name and password, including, without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. The Alphabet City® reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of The Alphabet City®.
When you communicate with The Alphabet City® through the Website or send us emails you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Accuracy of Website Material
The material contained on the Website has been checked for accuracy; however, all material is provided without express or implied warranties and The Alphabet City® does not warrant that product descriptions or other content on the site are accurate, complete, reliable, current or error free or assume responsibility for any errors or omissions in the material.
Copyright Infringement Notice
If you believe that any material on the Website infringes a copyright that you own or are authorized to represent, please provide The Alphabet City® with a written notice (e-mail is sufficient) that includes the following information: (a) electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed; (c) a description of where the material that you claim is infringing is located on the Website; (d) your address, telephone number, and e-mail address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
The above notice should be provided to The Alphabet City®’s agent for notice of claims of copyright infringement on the Website, at firstname.lastname@example.org.
Links to Other Sites
You are prohibited from taking any actions that will violate or attempt to violate the security of the Website, including, without limitation (a) accessing data not intended for your use or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus, worm or Trojan horse to, overloading, “flooding”, “mailbombing” or “crashing” the Website; or (d) sending unsolicited e-mail (other than email to us regarding the Website or the goods sold through the Website) promoting and/or advertising products or services (all of the foregoing, the “Security Rules”). Attempts to violate, or violations of, system or network security or the Security Rules may result in civil or criminal liability. The Alphabet City® will investigate occurrences which may involve any such attempts or violations, may report them to law enforcement agencies, and may cooperate with law enforcement agencies in prosecuting users who are involved in such violations or attempted violations.
LIMITATION OF WARRANTIES AND DISCLAIMERS
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS OF USE, THE WEBSITE, ITS CONTENT AND ITS PRODUCTS ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THE ALPHABET CITY AND ITS AFFILIATES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES ARISING FROM THE SALE TO YOU OF ITS PRODUCTS, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, FITNESS FOR PARTICULAR PURPOSE, QUALITY, ACCURACY, QUIET ENJOYMENT OR WEBSITE AVAILABILITY. WITHOUT LIMITING THE FOREGOING, THE ALPHABET CITY MAKES NO WARRANTY THAT THE SERVICES AND/OR PRODUCTS OFFERED ON THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES THAT ARE NOT PERMITTED TO BE EXCLUDED ARE LIMITED TO NINETY (90) DAYS OR SUCH LONGER PERIOD AS APPLICABLE LAW REQUIRES.
THE WEBSITE CONTENT MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS, INCLUDING, BUT NOT LIMITED TO, ERRORS CONCERNING PRICING, AND THE ALPHABET CITY SHALL NOT BE BOUND THEREBY. THE ALPHABET CITY® MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE WEBSITE OR ITS CONTENT. BY USING THE WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS OF USE, AND YOU AGREE TO USE THE WEBSITE AT YOUR OWN RISK. THE ALPHABET CITY® MAY CHANGE THE WEBSITE AT ANY TIME AND RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE WEBSITE.
THE ALPHABET CITY® DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE CONTENTS RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE ALPHABET CITY IS NOT RESPONSIBLE FOR THOSE COSTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND THE INTERNET GENERALLY.
IN NO EVENT SHALL THE ALPHABET CITY® BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE WEBSITE, ITS CONTENT AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE ALPHABET CITYHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE ABOVE PARAGRAPH MAY NOT APPLY TO YOU. IF ANY OF THE LIMITATIONS SET FORTH ABOVE ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE ALPHABET CITY®’S MAXIMUM LIABILITY TO YOU FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE GREATER OF (A) $100.00 OR (B) THE DOLLAR AMOUNT OF PURCHASES YOU MADE THROUGH THE WEBSITE DURING THE TWELVE MONTHS PRIOR TO THE DATE THE CLAIM AROSE, OR SUCH LARGER AMOUNT AS APPLICABLE LAW REQUIRES.
Limits on Purchases
The Alphabet City® does not authorize the purchase of its merchandise or products for resale purposes. To enforce this policy, The Alphabet City® may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. The Alphabet City® reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers or distributors. The Alphabet City® also reserves the right to cease doing business with those customers violating this policy.
Cancellation and Exchange Policy
All orders you submit to The Alphabet City® may not thereafter be cancelled. Instead if you are not completely satisfied with the products purchased, you may exchange them for any other products. You must notify The Alphabet City® by email to email@example.com within 14 days of the date of your receipt of any product that you wish to exchange it and then within an additional 14 days following notification you must, at your own expense, return the product in an unused condition to The Alphabet City® by shipping it to this address: 41 Union Square West, #1135, New York, NY 10003.
By visiting the Website you agree that the laws of the State of New York, without regard to principles of conflict of laws, and any applicable federal law (but not the 1980 U.N. Convention Contracts for the International Sale of Goods) will govern your use of the Website, the interpretation of the Terms and Conditions of Use and any dispute of any sort relating to your use of, or purchases through, the Website that might arise between you and The Alphabet City®. You further agree that The Alphabet City® makes no representation that the content, materials, services or information available on the Website are appropriate for access outside of the United States and accessing them from jurisdictions where they, or any of them, are illegal is prohibited. Those who choose to access this Website from outside the United States act on their own initiative, at their own risk, and are responsible for compliance with local laws.
You agree to submit to the federal or state courts in the County and State of New York (the “Courts”) any dispute arising out of or relating in any way to your visits to the Website or to products or services you purchase through the Website. You agree that the Courts will have personal jurisdiction over you and further agree that venue shall lie in the Courts. Should The Alphabet City® be required to commence litigation against you for any reason, you agree to pay its legal fees and expenses incurred in the prosecution of that litigation. You must commence any claim or cause of action you may have against The Alphabet City® arising in any from your use of the Website or your purchase of any products of The Alphabet City® within one year after the claim or cause of action arises.
Changes to Terms and Conditions of Use
The Alphabet City® reserves the right to change the Terms and Conditions of Use from time to time in its sole discretion. Your use of the Website will (a) subject to you to the most current version of the Terms and Conditions of Use posted on the Website at the time of such use; and (b) such use will constitute your acceptance of that most current version of the Terms and Conditions of Use.
Complaints, Questions or Comments
If you have any complaints, questions or comments about these Terms and Conditions of Use, the Website or wish to contact us for any other reason, our contact information is as follows:
41 Union Square West, #1135
New York, NY 10003
© 2013 The Alphabet City®