These Terms and Conditions of Use (“Terms”) govern your use of this website, under the URL/domain name “archivenewyork.com” or any other URL/domain name redirecting to this website, and all of its content, functionality, products and services (collectively referred to as our “website” or “site”) and are applicable regardless of where or how you access the site.
For the purposes of these Terms, “you”; “your”; or “User” means the User who accesses or uses the website. Accessing or using our website constitutes your acceptance of these Terms and your acceptance means you are entering into a binding contract with Archive Textiles, LLC, as well as its affiliated companies, and all of its directors, officers, employees, and contractors (collectively, “Archive New York”; “we”; “us”; “our”). You may use our website only if you can form a binding contract with Archive New York. Users under 18 years of age should not use our site.
Unless otherwise specified herein, these Terms constitute the entire agreement between the user and Archive New York with respect to the website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Archive New York with respect to the site.
IF AT ANY TIME YOU NO LONGER AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD IMMEDIATELY CEASE USE OF THIS SITE.
I. SHOPPING AND TRANSACTIONS
a) Product Disclaimer. Archive New York does not represent or warrant that the information or merchandise provided through this site is accurate, complete or current.
b) Color. We have made every effort to display as accurately as possible the colors of the advertised products that appear at the Site. However, the actual colors you see will depend on your monitor. We cannot guarantee that your monitor will display any color accurately.
c) Prices and Availability. Price and availability information are subject to change at any time without notice. The prices listed on this Site are not offers to form a contract but merely an advertisement for offers.
d) Archive New York does not guarantee, warrant or endorse any product or service not manufactured or performed by Archive New York, nor do we have any liability or responsibility for the quality or performance of any product or service not manufactured or performed by Archive New York. You hereby agree to supervise usage by, and be responsible for the actions of, any minors who use your computer and/or registration account to access Archive New York
e) Order Acceptance. The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Archive New York reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer.
Verification of information may be required prior to the acceptance of any order.
f) Please see our Shipping and Returns Policy for additional terms regarding shopping on our site.
II. INTELLECTUAL PROPERTY
a) All information, including, without limitation the design of the Site, and all information, text, graphics, images, illustrations, logos, designs, icons, photographs, video clips, and written or other materials software and all HTML, CGI and other codes and scripts in any format used to implement, or featured on, the Site (‘Content’) are the property of Archive New York, its merchandise suppliers, or its licensors. The overall design and appearance of this Site is the proprietary copyright and/or trade dress of Archive New York with all rights reserved.
b) Third-Party Content. Any other Intellectual Property associated with our Services from third-parties is used with permission; through a license; used under the doctrine of Fair Use; or used according to these Terms.
c) Archive New York is a registered trademark in the United States and other countries. Archive New York trademarks may not be used without the written permission of Archive New York and specifically should not be used in connection with any product or service that is not identifiable as belonging to archivenewyork.com in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Archive New York. Any rights not expressly granted herein are reserved.
d) Nothing in these Terms grants you a right or license to use any intellectual property owned by Archive New York or any other third-party except as expressly provided in these Terms. You may not copy, modify, upload, download, transmit, (re)publish, create derivative works from, sell, resell or otherwise distribute or exploit any Content from the Site except as expressly permitted by Archive New York.
e) You agree and acknowledge that you will be solely responsible for any violations of any relevant laws and for any infringement of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your profile.
III. SPECIFIC PROHIBITIONS ON USE OF OUR SITE
The following activities or uses of our Services are specifically prohibited. Any User engaged in these activities or uses shall be subject to immediate termination of their account.
1. Users may not attempt to amend, edit or convert any intellectual property from the website without express, written consent from Archive New York.
2. Users may not distribute any information obtained from the website to third parties without express, written consent from Archive New York.
3. Users should not attempt to hack and/or disrupt the Website, or attempt to exploit any vulnerabilities/bugs found on the website. Users should affirmatively report any such vulnerabilities/bugs found to firstname.lastname@example.org
4. User must not use the Website for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) nsolicited telephone calls or facsimile transmissions;
5. Users must not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services, or in any way reproduce or circumvent the navigational structure or presentation of the Services, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services.
IV. TERMINATION OF ACCOUNT, TRANSACTIONS OR SERVICES
a) We may terminate your account and access to Services without cause or notice, which, in some cases, may result in the forfeiture and destruction of all information associated with your User Credentials.
b) Archive New York reserves the right to cancel any transaction due to unauthorized, altered, fraudulent, or ineligible use of discount and to modify or cancel this promotion due to system error or unforeseen problems at any time. Please read the official rules that may accompany each promotion, offer, coupon, discount, contest and/or sweepstakes. Promotional offers and discounts do not apply to gift cards, shipping and handling, or taxes. Discounts will appear upon checkout and may or may not be eligible to be combined with any other offers or discounts. Special offers, coupons, or discounts cannot be used in conjunction with other offers unless specifically stated in offer official rules.
c) All provisions of these Terms that, by their nature, should survive termination shall survive termination, including, without limitation, intellectual property provisions, licenses, warranty disclaimers, indemnity, and limitations of liability.
d) If you no longer no longer accept these Terms you must cease using our Website immediately. Continued use of the Services indicates your continued acceptance of these Terms.