CREATIVE GOODS
TERMS
These Terms are between Creative Goods Merchandise, LLC ("Creative Goods") and you with respect to your use of the Website located at www.creativegoodsmerchandise.com (the "Website"). By using the Website, you agree to be bound by all of the terms and conditions (the "Terms") as set forth below, as well as all applicable laws, without limitation or qualification. If you do not accept these Terms in their entirety, you may not use the Website.
EFFECTIVE DATE
These Terms are effective and were last updated on May 7, 2011
USE OF THE WEBSITE
The Website may only be used for personal, non-commercial purposes. Such use is fully subject to these Terms, as well as all applicable laws, rules and regulations and any other agreements to which you are subject. This Website may not be used by you for any commercial purposes.
WEBSITE PURCHASES AND ORDERS
Creative Goods reserves the right, in its sole discretion, to refuse or cancel any order for any reason whatsoever, including without limitation, if you request Creative Goods to ship such orders to any of our excluded territories (please see the Website for details). Additionally, while we use reasonable efforts to avoid typographical errors, there may incidentally be a mistake in the pricing from time to time, and as such, we cannot confirm the price of an item until after you place your order. In the event that an item is listed at an erroneous price, we may cancel any orders for that item.
CONTENT
You agree and acknowledge that in connection with any and all suggestions, ideas, concepts, inventions, drawing or other information (the "User Information") that you provide in connection with your use of the Website, such User Information shall be fully Creative Goods' property in perpetuity without restrictions thereon of any kind or nature. Immediately upon your provision of such User Information, you automatically assign to us and we shall own all rights therein (whether now or hereafter known), on an exclusive basis, in and to such User Information, of every kind and nature, throughout the universe. In connection therewith, we shall be entitled to the complete, unrestricted use of such User Information for any and all purposes (i.e., commercial or non-commercial), without compensation of any kind being required to be provided to the provider thereof. Additionally, you are responsible for all of your communications and any outcomes associated with your posting thereof. You may not, at any time: (a) transmit copyrighted material to Creative Goods (other than in instances where you are the exclusive owner thereof or have obtained a full, unrestricted license to use such material), (b) reveal any third party's trade secrets without the proper authorization, (c) impersonate any third parties, and/or send advertisements or solicitations of business, pyramid schemes or chain letters. (d) send material that infringes the intellectual property rights of any third party and/or other rights of such parties (including without limitation privacy or publicity rights) or (e) send material that is obscene, defamatory, sexually explicit, hateful, embarrassing, inappropriate, threatening, harassing and/or abusive to any third party or entity at any time. Creative Goods reserves the right to immediately eliminate users who violate these terms and/or any applicable law, as well as removing such user's materials and other communications from the Website. Creative Goods may review user content in order to review compliance with these Terms at any time, but is under no obligation to do so. Creative Goods may modify, include, exclude, edit or remove any user content at any time without notice in its sole discretion.
PASSWORDS AND REGISTRATION
In certain instance you may need to register on the Website for a personal account. Your account is for your personal use only, and may not be assigned or transferred or used by any third party at any time. You are responsible for the veracity of the information you provide on the Website in connection therewith, including without limitation, your full name (i.e., no aliases or identity masking). You must protect the security of your password and shall be fully responsible for any unauthorized use thereof.
TERMINATION OF ACCESS BY CREATIVE GOODS
Notwithstanding anything set forth herein or elsewhere to the contrary, in addition to any right or remedy that may be available to us under these Terms or applicable law, we may suspend, limit or terminate your account, or your access to the Website (in whole or in part), at any time without notice and without cause, as well as provide information respecting potential or actual illegal activities to the authorities (including without limitation your identity). You may not use any automated devices or programs of any kind to (i) download, gain access to, or reproduce, store or distribute content or information of any kind available on the Website, or (ii) attempt to exceed your limited authorization and access thereto. Furthermore, you may not resell the use of, or access to, the Website to any third party at any time.
PRIVACY POLICY
The terms of our privacy policy (i.e. in connection with your personally identifiable information) can be found on the terms and conditions link on creativegoodsnyc.com
PROPRIETARY RIGHTS
LINKS
This Website may contain links to other web sites not maintained by Creative Goods. Other web sites may also reference or link to our Website. We encourage you to be aware when you leave our Website and to read the terms and conditions and privacy statements of each and every web site that you visit. We are not responsible for the practices or the content of such other web sites.
NO WARRANTIES
WHILE COMPANY USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE WEBSITE, THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE THEREON, IS PROVIDED ON AN "AS IS" BASIS, AND AS SUCH, CREATIVE GOODS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER IN CONNECTION THEREWITH. FURTHER, TO THE FULLEST EXTENT ALLOWABLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ADDITIONALLY, CREATIVE GOODS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS, INFORMATION OR CONTENT THEREIN WILL BE COMPLETELY ERROR FREE, SECURE OR UNINTERRUPTED, THAT ANY SUCH DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE APPLICABLE SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any part of the above is found to be invalid or unenforceable or if Creative Goods is otherwise determined to be liable to you for any reason, then Creative Goods' aggregate liability for any and all such claims shall not exceed Twenty Dollars ($20).
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Creative Goods, along with its employees, clients, parents, subsidiaries, officers, directors, partners , assigns and agents, from and against any and all claims, demands, liabilities, costs or expenses, including attorney's fees and costs, arising from: (i) any breach by you of any of these Terms, (ii) any violation of any law, rule or regulation by you, (iii) your content and information, and (iv) your use of the Website.
SEVERABILITY
If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.
INTERNATIONAL ACCESS
Our Website is provided from the United States of America and all servers that make it available reside in the U.S.A. The laws of other countries may differ regarding the access and use of the Website. We make no representations regarding the legality of this Website in any other country and it is your responsibility to ensure that your use complies with all applicable laws outside of the U.S.A.
WAIVER; REMEDIES
The failure by Creative Goods to partially or fully exercise any rights or the waiver of any breach of these Terms by you shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms. Creative Goods' rights and remedies under these Terms shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
GOVERNING LAW
The laws of the State of New York shall govern these Terms without regard to its conflict of laws principles. In connection therewith, you hereby consent to the exclusive jurisdiction and venue in the courts located in New York, New York, for all matters pertaining hereto and/or your use of the Website. Any claims asserted by you in connection with the Website must be made within one (1) year of the date of the incident to which it relates or forever be barred.
CONTACT INFORMATION
Should you have any questions or comments with respect hereto, please contact us at contact@creativegoodsnyc.com.