The Service is available only to individuals who are at least 18 years old. You represent and warrant that if you are an individual, you are at least 18 years old, you are of legal age to agree to these terms and conditions or you have your parents’ permission to do so, and that all registration information you submit is accurate and truthful. SH may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Service, that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk, spam or bulk e-mail (including without limitation any postings to third party social media sites which are linked to the Site or the Service); (iv) involves commercial activities and/or sales without SH’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of SH or any third party; or (vi) impersonates any person or entity, including any employee or representative of SH.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by SH in its sole discretion) an unreasonable or disproportionately large load on SH’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures SH may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); or (iv) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Sites.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
You will be charged immediately upon placing an order in order to secure the price of your items. SH will do its best to have orders delivered within the estimated delivery time. However, sometimes items may be delayed due to factors beyond SH’s control. SH shall not be liable for any such delay.
Third Party Sites
The Service may permit you to visit other websites or resources on the Internet via links made available on the Site, and other websites or resources may contain links to the Sites. When you access third party websites, you do so at your own risk. These other websites are not under SH’s control, and you acknowledge that SH is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by SH or any association with its operators. You further acknowledge and agree that SH shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
SH Site Content
You agree that the Service contains Content specifically provided by SH or its partners and that such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you, (i) without the consent of the respective owners or other valid right, and (ii) in any way that violates any third party right.
You may, to the extent the Sites expressly authorize you to do so, download or copy the Content, and other items displayed on the Sites for download, for personal use only, provided that you maintain all copyright and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without prior written permission from SH, or from the copyright holder identified in such Content’s copyright notice.
The following terms govern purchases you make through SH’s checkout system. These are items you have attempted to purchase, and/or have purchased, within the Site.
All purchases through SH’s checkout system and the Service are governed by this Agreement and the terms and conditions of the third-party brands from which you purchase from. Each third-party brand offering products through the Site shall have 100% discretion whether an order will be accepted and/or deemed valid, and/or whether you can make any changes to an order once placed and accepted.
Whether you can cancel an order once payment is made shall be governed by the terms and conditions of each third-party brand or at the discretion of SH for customer service reasons.
Shipping and Delivery
SH will provide you with a confirmation email that your order is received and is being processed. Once your order has been processed with the third-party brand, SH will provide you a confirmation email that your order has been shipped by the third-party brand. SH may or may not provide you with an estimate of when your order will be shipped and/or delivered. Shipping and delivery are 100% within the discretion and control of each of the third-party brands. Any estimates SH may provide you with respect to shipping and/or delivery are simply estimates and based on the best information available to SH, however, you should not rely on these estimates in any way whatsoever. Please read the confirmation emails you receive from SH for additional information on how to contact the third-party brands for additional information on the status of your order, shipping and delivery.
Each third-party brand on the Site has its own return policy and each order you make will be governed 100% by the terms and conditions of each third-party brand, including but not limited to, if returns are accepted and under what conditions, and whether you are responsible for additional shipping costs associated with any returns. You acknowledge and accept that SH has absolutely no involvement, and/or control over, whether you will be permitted to return any order, or portion thereof, and you agree to only look to the third-party brand from which you ordered regarding returns.
Much like “Returns” discussed above, each third-party brand on SH has its own refund policy and each order you make will be governed 100% by the terms and conditions of each third-party brand, including but not limited to, if refunds are permitted and under what conditions, and whether you will be entitled to a full refund, partial refund, credit, or anything at all. You acknowledge and accept that SH has absolutely no involvement, and/or control over, whether you will be permitted any refund or credit for any order, or portion thereof, and you agree to only look to the third-party brand from which you ordered regarding refunds.
SH uses a third-party payment processor (the “Payment Processor”) to allow you to pay for products purchased through the Service. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. SH is not responsible for errors by the Payment Processor. By choosing to purchase goods through the Service, you agree to pay through the Payment Processor, all charges at the prices then in effect for your purchase in accordance with the applicable payment terms and you authorize SH, via the applicable Payment Processor, to charge your chosen payment provider. Please be aware that items you are charged may include shipping fees and state and local sales tax. For each purchase, you grant SH the right to revise charges and correct any errors or mistakes that are made regarding the purchase price of your order, even where SH has already received payment from you. For example, in some instances, SH will charge you estimated State and local sales tax, and may revise the sales tax charge as necessary. You agree that (i) each order through the Service is a purchase between you and the third-party brand, and not with SH; and (ii) SH is not a party to your payment transaction for such purchases and SH is not a buyer or a seller in connection with all such transactions.
YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR PROCESSING OF YOUR PAYMENT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR PAYMENT VALID, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US IF YOUR FORM OF PAYMENT IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR PERSONAL INFORMATION.
Information SH Collects And Shares Regarding Purchases
SH Discretion And Your Recourse
You agree that SH has the absolute discretion to cancel any order at any time for any reason. You agree that any dispute between you and SH, and/or you and any third-party brand, related to a purchase(s) made through the Service, can be resolved in its entirety by your receipt of a full refund for all amounts you were charged and paid.
The Service may provide you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, “posting”) data, text, photographs, graphics, visualizations, videos, audio clips, written forum comments, software, scripts, works of authorship or other information or content, to the Service (“User Submissions”). By posting User Submissions on or at any of the Sites or otherwise through the Service, you agree to the following:
You represent and warrant that you own or otherwise control all rights to such User Submissions and that disclosure and use of such User Submissions by SH (including without limitation, publishing content on or at the Sites) will not infringe or violate the rights of any third party; and you acknowledge and agree that: (i) without limiting the licenses granted by you to SH with respect to your User Submissions, SH shall have the right to reformat, excerpt, or translate your User Submissions; (ii) all information publicly posted or privately transmitted through the Sites is the sole responsibility of the person from which such content originated; (iii) SH will not be liable for any errors or omissions in any content; and (iv) SH cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
You hereby grant SH a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Service any suggestions, enhancement requests, recommendations or other feedback that you provide to SH relating to the operation of the Service.
SH does not endorse and has no control over any User Submission. SH cannot guarantee the authenticity of any data, which users may provide about themselves. You acknowledge that all Content accessed by you using the Service and all User Submissions provided by you are is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
SH has no obligation to monitor the Site, Service, Content, or User Submissions. SH may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all.
Under no circumstances will SH be liable in any way for any Content or User Submissions, including, but not limited to, any errors or omissions in any Content or User Submissions, or any loss or damage of any kind incurred in connection with use of or exposure to any Content or User Submissions posted, emailed, accessed, transmitted or otherwise made available via the Service. SH is not responsible for any data which is deleted (either intentionally or unintentionally) at the direction of any user.
You acknowledge that SH has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release SH from all liability for you having acquired or not acquired Content through the Sites. The Sites may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. SH makes no representations concerning any content contained in or accessed through the Sites, and SH will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites.
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. SH, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE INTEGRITY OR SECURITY OF ANY USER SUBMISSION OR OTHER DATA PROVIDED TO THE SERVICE; OR (E) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
ELECTRONIC COMMUNICATIONS PRIVACY ACT NOTICE (18 USC 2701-2711): SH MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITES OR ANY WEBSITE LINKED TO THE SITES.
SH attempts to be as accurate as possible with all product descriptions. However, SH does not warrant that product descriptions or other site content are accurate, complete, reliable, current, or free of errors. SH makes no representations or warranties concerning the appropriateness, accuracy, reliability, usefulness, completeness, or timeliness of any Content, and you should not rely on the Content for any purpose. By using the Service, you agree that SH shall not be responsible for (1) any Content, (2) any person’s reliance on any such Content, whether or not correct, current and complete, or (3) the consequences of any action that you or any other person takes or fails to take based on any Content or otherwise as a result of your use of the Service.
Limitation of Liability
IN NO EVENT SHALL SH, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR YOUR RELIANCE ON THE SERVICE OR (IV) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) THE GREATER OF A) AMOUNTS PAID OR PAYABLE BY YOU IN CONNECTION WITH THE SERVICE; OR B) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
SH makes no representation that the Content is appropriate or available for use in locations outside of California, and accessing the Service is prohibited from territories where such Content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in New York County, New York, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Any arbitration under this Agreement will take place on an individual basis: class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THIS AGREEMENT, YOU AND S” ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Notwithstanding the foregoing, each party shall have the right to institute an action at any time in a court of proper jurisdiction for injunctive or other equitable relief.
Integration and Severability
Copyright and Trademark Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of SH used herein are trademarks or registered trademarks of SH. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Digital Millennium Copyright Act Notice
As SH asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that any material located on or linked to by or through the Service violates your copyright, you may notify SH in accordance with the following policy. The address of SH’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.
It is SH’s policy to (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringement
If you believe that Content residing on or accessible through the Site or Service infringes a copyright, please send a written notice of copyright infringement containing the following information to the Designated Agent listed below:
Once Proper bona Fide Infringement Notification is Received by the Designated Agent
It is SH’s policy:
Procedure to Supply a Counter-Notice to the Designated Agent:
If the Content provider, member or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
If a counter-notice is received by the Designated Agent, SH may send a copy of the counter- notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at SH’s discretion.
Salt House Copyright Agent
135 N. 11th Street, #3J
Brooklyn, NY 11249
If you have any questions, complaints, or claims with respect to the Service, you may contact us at firstname.lastname@example.org.