TERMS & CONDITIONS
PLEASE READ THESE TERMS OF USE (“Terms”) CAREFULLY BEFORE USING OUR WEB SITE, MOBILE SOFTWARE (AS DEFINED BELOW) AND/OR SERVICES (COLLECTIVELY THE “SERVICE”). YOUR USE OF THE SERVICE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SERVICE. THESE TERMS OF USE HAVE A PROVISION FOR ARBITRATION OF DISPUTES BETWEEN THE PARTIES.
1. Acknowledgement:
By accessing or using the Service, you agree to abide by these Terms, as they may be amended by NEWHOUSE OF VINTAGE from time to time in its sole discretion, and that such agreement constitutes a binding contract between you and NEWHOUSE OF VINTAGE. In addition, when visiting or using certain NEWHOUSE OF VINTAGE owned or operated web sites, you shall be subject to any posted agreements, guidelines, rules or terms of service. All such agreements, guidelines, rules or terms of service, as they may be amended by [NEWHOUSE OF VINTAGE from time to time in its sole discretion, are hereby incorporated by reference into these Terms. It is your responsibility to review these Terms periodically, and if you do not have authority to agree or accept these Terms, or if at any time you find these Terms unacceptable, you may not use the Service and you must immediately leave and cease all use of the Service.
2. Registration, User Account, Password & Security
In consideration of your use of the Service, you represent and warrant that you: (i) are of legally sufficient capacity to form a binding contract; and (ii) are at least 18 years of age; and you will comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Service and any related activities. Children 14 years of age and older may only use the Service if (a) their parent or legal guardian has agreed to the terms of these Terms; and (b) their use is permitted and supervised by their parent or legal guardian. If you open an account to enhance your use of the Service, you must: (x) complete the registration process by providing true, accurate and complete information requested on the registration form (“Registration Data”); (y) maintain the accuracy of the Registration Data; and (z) provide a user name and password. You are entirely responsible for the confidentiality and use of your user name and password. You may not use the account, username, or password of someone else at any time. You are responsible for all electronic communications, including account registration and other account holder information, email, financial and other content (“Electronic Communications”) entered through or under your user name and password. NEWHOUSE OF VINTAGE will act as though any Electronic Communications it receives under your user name and password will have been authorized by you. You agree to notify NEWHOUSE OF VINTAGE immediately of any unauthorized use of your account, user name, or password.
Integrated Third Party Websites:
NEWHOUSE OF VINTAGE may now and/or in the future provide for integration of the Service with select social networking and other websites (“Integrated Third Party Websites”), in order to allow (among other things) the transfer of certain user information between NEWHOUSE OF VINTAGE and Integrated Third Party Websites. You understand and acknowledge that if you elect to transfer some or all of your personal information maintained by NEWHOUSE OF VINTAGE to an Integrated Third Party Website, that Integrated Third Party Website will thereafter retain and maintain your personal information subject to its privacy policy. Integrated Third Party Websites have their own privacy and data collection policies and practices, over which NEWHOUSE OF VINTAGE has no control. NEWHOUSE OF VINTAGE is not responsible for the actions, policies and practices (including without limitation actions, policies and practices involving user data collection, privacy, etc.) of any such Integrated Third Party Websites.
4. Product Descriptions & Pricing:
NEWHOUSE OF VINTAGE strives for the Service to be as accurate as possible. However, NEWHOUSE OF VINTAGE does not represent or warrant that product descriptions or other content on the Service are accurate, complete, reliable, current, or error-free. For example, products included on the Service may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Service. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order. If a product offered on the Service is not as described, your sole remedy is to return it within thirty (30) days of delivery in accordance with Section 6, Returns and Refunds. Despite our best efforts, a small number of the items on our Service may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of
5. Payment Terms; Interest & Orders:
All orders placed through the Service are subject to NEWHOUSE OF VINTAGE’s acceptance. Terms of payment are within NEWHOUSE OF VINTAGE’s sole discretion, and unless otherwise agreed to by the Company, payment must be received by NEWHOUSE OF VINTAGE prior to its acceptance of an order. Payment for product orders will be accepted via certain payment methods accepted by our third party payment processing service. Your order is subject to cancellation by NEWHOUSE OF VINTAGE at its sole discretion. All amounts due are payable in U.S. dollars. You shall be responsible for any expenses and/or fees (including but not limited to attorney's’ fees), incurred by NEWHOUSE OF VINTAGE in collecting past due amounts from you.
6. Returns & Refunds:
Any product purchased directly from NEWHOUSE OF VINTAGE is final sale. Please see our returns page here.
7. Shipping; Risk of Loss; Title & Taxes:
Shipping and handling charges are additional unless otherwise expressly indicated at the time of sale. Shipping dates are estimates only. Risk of loss and title for all items purchased from NEWHOUSE OF VINTAGE pass to you upon our delivery to the carrier. You are responsible for sales and other taxes associated with all orders. Title to all intellectual property rights will remain with the applicable licensor(s).
9. Service Access:
a. License Grant. Subject to these Terms, [COMPANY NAME] grants you a limited, non-commercial, non-exclusive, non-sublicensable, non-transferable, non-assignable,
10. User Content:
You retain all of your ownership rights, if any, in your User Content (as defined below). However, by submitting, posting, uploading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to NEWHOUSE OF VINTAGE or to an area of the Service that is intended by NEWHOUSE OF VINTAGE to be publicly accessible, you are: (i) granting NEWHOUSE OF VINTAGE, and its affiliates, a worldwide, royalty-free, perpetual, sublicensable, transferable, non-exclusive license to use the User Content in connection with the operation of NEWHOUSE OF VINTAGE, and its affiliates, including without limitation, a right to use, host, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, create derivative works based on, and reformat User Content; and (ii) representing and warranting that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. You will not be compensated for any User Content. All User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such content originated.You are solely responsible for all User Content that you upload or otherwise transmit via the Service, and for confirming the sufficiency and reliability of any User Content posted by others that you may use or rely upon. Company does not control or endorse any User Content, or any opinion, recommendation, recipe, or advice expressed therein, uploaded or otherwise transmitted by you or other users via the Service and, as such, does not guarantee the accuracy, integrity or quality of such User Content. [COMPANY NAME] expressly disclaims any liability in connection with User Content. [COMPANY NAME] and its designees shall have the right (but not the obligation) in their sole discretion to refuse or to remove any User Content contained on the Service at any time for any reason with or without notice. Always use caution when posting any personally identifying information about yourself or your children on the Service.
YOU UNDERSTAND THAT WHEN USING THE SERVICE, YOU MAY BE EXPOSED TO USER CONTENT FROM A VARIETY OF SOURCES, AND THAT [COMPANY NAME] IS NOT RESPONSIBLE FOR THE ACCURACY, USEFULNESS, SAFETY, OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH USER CONTENT. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO USER CONTENT THAT IS INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST COMPANY WITH RESPECT THERETO, AND AGREE TO INDEMNIFY AND HOLD COMPANY, ITS PARENT, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS, HARMLESS TO THE FULLEST EXTENT ALLOWED BY LAW REGARDING ALL MATTERS RELATED TO YOUR USE OF THE SERVICE. You hereby waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
11. User Submissions:
Any comments, feedback, suggestions and ideas disclosed, submitted or offered to NEWHOUSE OF VINTAGE in connection with your use of the Service (collectively “Submissions”) shall be owned exclusively by NEWHOUSE OF VINTAGE. You agree that NEWHOUSE OF VINTAGE shall: (i) not be under any obligation of confidentiality, express or implied, with respect to the Submissions; (ii) be entitled to use or disclose Submissions for any purpose, without restriction worldwide; and (iii) not owe you any compensation or reimbursement of any kind under any circumstances for use or disclosure of Submissions.
12. Third Party Service & Sites:
The Service may provide links to other web sites or resources. Your business dealings with any third party, third party service or third party content (collectively “Third Party”) found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations, associated with such dealings, are solely between you and such Third Party. NEWHOUSE OF VINTAGE makes no endorsement or guarantee about the content, goods or services provided by such Third Party. NEWHOUSE OF VINTAGE shall not be responsible for any loss or damage of any sort incurred as the result of: (i) any dealings or transaction between you and any Third Party or as the result of the presence of such Third Party on the Service; (ii) any insufficiency of or problems with any such Third Party’s background, insurance, credit or licensing; or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you release NEWHOUSE OF VINTAGE, its directors, officers, employees, agents and licensors, from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Unless expressly provided otherwise, these Terms governs your use of any and all third party content. You hereby waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
13. Storage & Access:
NEWHOUSE OF VINTAGE may, in its sole discretion: (i) limit the duration and frequency of your access to the Service; and (ii) delete accounts that are inactive for an extended period of time. NEWHOUSE OF VINTAGE shall have no responsibility or liability for the deletion or failure to store any account, messages, postings, communications or other content maintained or transmitted by the Service.
14. Modifications:
NEWHOUSE OF VINTAGE may, in its sole discretion and without prior notice, (i) revise these Terms; (ii) modify the Service; and (iii) discontinue any of the Service, or any of its constituent parts, including, without limitation, any products and/or services featured on the Service, at any time. NEWHOUSE OF VINTAGE shall post any revision to these Terms, and the revised Terms shall be effective immediately on such posting. You agree to review these Terms and other online policies posted on the Service periodically to be aware of any revisions. Your continued use of any of the Service shall constitute your acceptance of the revised Terms. If you do not agree to any of such changes, you may terminate the Terms and immediately cease all access and use of the Service. You agree that such termination will be your exclusive remedy if you do not wish to abide by any changes to the Terms.
15. Termination:
You acknowledge and agree that NEWHOUSE OF VINTAGE may at any time in its sole discretion terminate your access to and use of the Service, or any part thereof, with or without notice and without any liability to you or any third party. You agree that upon termination NEWHOUSE OF VINTAGE may delete all files and information related to your account and may bar your access to your account and the Service.
16. Proprietary Rights:
The design of the Service and all text, graphics, information, content, and other material displayed on or that can be downloaded from the Service are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms or with prior written permission of the owner of such material. All rights reserved. You agree that as between the parties, NEWHOUSE OF VINTAGE is the exclusive owner of the Service, Software, and all constituent parts, including without limitation, all photographs, videos, software code, any content on the Service (excluding User Content), HTML scripts, the uniform resource locators (URL’s) for the Service, the organization and layout of the Service, all Company trademarks , trade names, service marks, trade dress and logos, all enhancements and improvements thereto, and derivatives thereof, and all patent, copyright, trademark, trade secret, trade dress and other intellectual property rights therein throughout the world (collectively the “NEWHOUSE OF VINTAGE IP”). Any goodwill attached to, or generated by, such NEWHOUSE OF VINTAGE IP is owned exclusively by NEWHOUSE OF VINTAGE, or its licensors, and shall inure solely to the benefit of NEWHOUSE OF VINTAGE or its licensors. Nothing contained herein or on the Service should be understood as granting you any right or license to any of the NEWHOUSE OF VINTAGE IP, except as expressly granted herein. All rights not expressly granted herein are reserved by NEWHOUSE OF VINTAGE or its licensors. NEWHOUSE OF VINTAGE, or its licensors, retains full and complete title to the NEWHOUSE OF VINTAGE IP. You shall not: (i) use or copy the NEWHOUSE OF VINTAGE IP in any manner not specifically set forth in these Terms; (ii) include NEWHOUSE OF VINTAGE IP in your corporate name, within a domain name or within any part of a URL; (iii) obtain, use, register, or otherwise acquire any trade names, trademarks, service marks, and/or trade dress that are confusingly similar to NEWHOUSE OF VINTAGE IP; (iv) have or assert any claim of ownership in the NEWHOUSE OF VINTAGE IP; or (v) sell, re-distribute, transfer, sublicense or reproduce the NEWHOUSE OF VINTAGE IP, nor may you decompile, reverse-engineer, disassemble, or otherwise convert any of the NEWHOUSE OF VINTAGE IP to a human-perceivable form. These Terms do not limit any rights that NEWHOUSE OF VINTAGE may have under trade secret, copyright, patent, trademark or other laws. You acknowledge and agree that the Service contains proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in any sponsor advertisements or information that may have been presented to you through the Service or its advertisers, if any, may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Other trademarks that appear on the Services are the property of their respective owners. Any images of persons or personalities contained on or accessible through the Service are not an indication or endorsement of NEWHOUSE OF VINTAGE or the Services, unless otherwise indicated.
17. Disclaimer of Warranties:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND THE PRODUCTS AVAILABLE THEREIN ARE AT YOUR SOLE RISK. THE SERVICE AND THE PRODUCTS AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THE SERVICE MAY INCLUDE INACCURACIES, ERRORS AND OMISSIONS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, EMPLOYEES, AGENTS AND LICENSORS: (A) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT; (B) MAKE NO WARRANTY THAT (I) THE SERVICE AND THE PRODUCTS AVAILABLE THEREIN WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) ANY PRODUCT , SERVICE OR INFORMATION OBTAINED FROM THE SERVICE WILL BE ACCURATE, APPROPRIATE, COMPLETE, CORRECT, RELIABLE, SUFFICIENT OR TIMELY, (IV) THE QUALITY OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE FIXED; AND (C) MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE TERMS OR THE SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR LOSS OF CONTENT, THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
18. Indemnity:
You agree to defend, indemnify and hold NEWHOUSE OF VINTAGE, its directors, officers, employees, agents and licensors, harmless from and against any and all claims, demands, losses, liability, costs and expenses (including but not limited to attorney’s fees) arising from content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of these Terms, or your violation of any third party’s rights, including but not limited to infringement of any intellectual property right, violation of any proprietary right and invasion of any privacy rights. This obligation will survive the termination of your account, your access to the Service and/or these Terms.
19. Claims of Copyright or Intellectual Property Infringement:
NEWHOUSE OF VINTAGE has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Service. NEWHOUSE OF VINTAGE has adopted a policy that provides for the immediate suspension and/or termination of any Service user who is found, in NEWHOUSE OF VINTAGE’s sole discretion, to have infringed or potentially infringed on the rights of NEWHOUSE OF VINTAGE or of a third party, or otherwise infringed or potentially violated any intellectual property laws or regulations. NEWHOUSE OF VINTAGE’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want NEWHOUSE OF VINTAGE to delete, edit, or disable the material in question, you must provide NEWHOUSE OF VINTAGE with all of the following information: (a) a physical or electronic 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, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit NEWHOUSE OF VINTAGE to locate the material; (d) information reasonably sufficient to permit NEWHOUSE OF VINTAGE to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to NEWHOUSE OF VINTAGE’s designated agent at: service@newhouseofvintage.com
Consent to Email Communications
You consent to receive communications from NEWHOUSE OF VINTAGE electronically and agree that we may communicate with you by email or by posting notices on the Service. 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.
