CONDITIONS
OF USE
Last Updated: February 15, 2012
Welcome to Hand & Cloth! Hand And Cloth, Hand & Cloth, Ltd. and/or its
affiliates (“Hand & Cloth”) provide website features to you subject to the
following conditions. If you visit Hand & Cloth's website or shop at the
Hand & Cloth store, you accept these conditions. Additionally, when
you use any current or future Hand & Cloth service or business you also
will be subject to the guidelines, terms and agreements (“Terms”) applicable to
such service or business. If these Conditions of Use are inconsistent with such
Terms, the Terms will control. We reserve the right to make changes to our
website, policies, and these Conditions of Use at any time without prior
notice. Hand & Cloth will not be liable to you nor to any third party
should it exercise such rights. If any of these provisions shall be deemed
invalid, void, or for any reason unenforceable, that provision shall be deemed
severable and shall not affect the validity and enforceability of any remaining
provisions.
LICENSE
AND WEBSITE ACCESS
Hand
& Cloth grants you a limited license to access and make personal use of
this website and not to download (other than page caching) or modify it, or any
portion of it, except with express written consent of Hand & Cloth. This
license does not include any resale or commercial use of this website or its
contents; any collection and use of any product listings, descriptions, or
prices; any derivative use of this website or its contents; any downloading or
copying of account information for the benefit of another merchant; or any use
of data mining, robots, or similar data gathering and extraction tools. This
website or any portion of this website may not be reproduced, duplicated,
copied, sold, resold, visited, or otherwise exploited for any commercial
purpose without express written consent of Hand & Cloth. You may not frame
or utilize framing techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page layout, or form) of Hand
& Cloth without express written consent. You may not use any meta-tags or
any other "hidden text" utilizing Hand & Cloth's name or
trademarks without the express written consent of Hand & Cloth. Any
unauthorized use terminates the permission or license granted by Hand &
Cloth. You are granted a limited, revocable, and nonexclusive right to create a
hyperlink to the home page of handandcloth.org or handandcloth.com so long as
the link does not portray Hand & Cloth, or its products or services in a
false, misleading, derogatory, disparaging or otherwise offensive matter. You
may not use any Hand & Cloth logo or other proprietary graphic or trademark
as part of the link without express written permission.
AGE
REQUIREMENTS
Hand
& Cloth does not offer products for purchase by children. If you are under
18, you must purchase from Hand & Cloth only with the involvement of a
parent or guardian.
ELECTRONIC
COMMUNICATIONS
When
you contact Hand & Cloth or send e-mails to us, you are communicating with
us electronically. You consent to receive communications from us electronically.
We will communicate with you by e-mail or by posting notices on this 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. If you decide that you do not want to be included
in any email promotions please contact us to unsubscribe.
COPYRIGHT
All
content included on this website, such as text, graphics, logos, button icons,
images, audio clips, digital downloads, data compilations, and software, is the
property of Hand & Cloth or its content suppliers and protected by United
States and international copyright laws. The compilation of all content on this
website is the exclusive property of Hand & Cloth and protected by U.S. and
international copyright laws. All software used on this website is the property
of Hand & Cloth or its software suppliers and protected by United States
and international copyright laws.
TRADEMARKS
One
or more trademarks owned by Hand & Cloth may apply to this website and to
the features and services accessible via the website. In addition, Hand &
Cloth graphics, logos, page headers, button icons, scripts, and service names
are trademarks, or trade dress of Hand & Cloth in the U.S. and/or other
countries. Hand and Cloth's trademarks and trade dress may not be used in
connection with any product or service that is not Hand & Cloth's, in any
manner that is likely to cause confusion among customers, or in any manner that
disparages or discredits Hand & Cloth. All other trademarks not owned by
Hand & Cloth that appear on this website are the property of their
respective owners, who may or may not be affiliated with, connected to, or
sponsored by Hand & Cloth.
COPYRIGHT
COMPLAINTS
Hand
& Cloth respects the intellectual property of others. If you believe that
your work has been copied in a way that constitutes copyright infringement,
please provide Hand & Cloth the written information specified below. Please
note that this procedure is exclusively for notifying Hand & Cloth that
your copyrighted material has been infringed.
·
An electronic or
physical signature of the person authorized to act on behalf of the owner of
the copyright interest;
·
A description of the
copyrighted work that you claim has been infringed upon;
·
A description of
where the material that you claim is infringing is located on the website;
·
Your address,
telephone number, and e-mail address;
·
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;
·
A statement by you,
made under penalty of perjury, that the above information in your notice is
accurate and that you are the copyright owner or authorized to act on the
copyright owner's behalf.
PRODUCT
DESCRIPTIONS
Hand
& Cloth attempts to be as accurate as possible. However, Hand & Cloth
does not warrant that product descriptions or other content of this website is
accurate, complete, reliable, current, or error-free. If a product offered by
Hand & Cloth is not as described, your sole remedy is to return it in
unused condition.
PRICING
Hand
& Cloth cannot confirm the price of an item until you order. Despite our
best efforts, a small number of the items in our store 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.
APPLICABLE
LAW
Hand
& Cloth is operated from the United States of America. By visiting the Hand
& Cloth website, you agree to comply with all local, state, federal, and
national laws, statutes, ordinances, and regulations, as well as applicable
international regulations, that apply to your use of the Hand & Cloth
website and store. All transactions on the Hand & Cloth website and store
are governed by Illinois law, without giving effect to its conflict of law
provisions. Your use of the Hand & Cloth website may also be subject to
other laws. You expressly agree that exclusive jurisdiction for any claim or
dispute with Hand & Cloth or relating in any way to your use of the Hand
& Cloth website and/or store resides in the courts in the State of
Illinois.
ACCURACY
OF INFORMATION
While
we strive to ensure that all information included on our website is correct, we
will not be held responsible for any errors or omissions. If we are informed of
any inaccuracies in the material on the website, we will correct this as soon
as we reasonably can.
LINKS
TO THIRD-PARTY WEBSITES
Hand & Cloth may provide on this website solely as a convenience to its users, links to websites operated by other entities. If you use these links, you will leave this website. If you decide to visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Hand & Cloth does not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked websites or the information appearing thereon or any of the products or services described thereon. Links do not imply that Hand & Cloth is affiliated or associated with the linked website, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links; or that any linked website is affiliated or associated with Hand & Cloth or is authorized to use any trademark, trade name, logo or copyright symbol of Hand & Cloth.
TERMINATION
If
you fail, or Hand & Cloth suspects that you have failed, to comply with any
of the provisions of this Agreement, Hand & Cloth, at its sole discretion,
without notice to you may: (1) terminate this Agreement or portions of the
Agreement and/or your Account, and you will remain liable for all amounts due
under your Account up to and including the date of termination; and/or (2)
preclude access to the Hand & Cloth website and/or store (or any part
thereof). All provisions relating to disclaimers, limitation of liability,
copyright, trademarks and other proprietary rights of the Company shall survive
the termination of this Agreement.
PRIVACY
POLICY
Information
about our customers is an important part of our operation, and we do not sell
it to others. We share customer information only as described below
·
Third-Party
Service Providers: We employ
other entities to perform functions on our behalf. Examples include fulfilling
orders, delivering packages, and processing payments. They have access to personal
information needed to perform their functions, but may not use it for other
purposes.
·
Protection of
You, Hand & Cloth and Others:
We release account and other personal information when we believe release is
appropriate to comply with the law; enforce or apply our Conditions of Use and
other agreements; or protect the rights, property, or safety of Hand &
Cloth, our users, or others. This includes exchanging information with other
companies and organizations for fraud protection and credit risk reduction.
Obviously, however, this does not include selling, renting, sharing, or
otherwise disclosing personally identifiable information from customers for
commercial purposes in violation of the commitments set forth in this Privacy
Notice.
·
With Your Consent: Other than as set out above, you will receive
notice when information about you might go to third parties, and you will have
an opportunity to choose not to share the information.
If
you choose to visit Hand & Cloth, your visit and any dispute over privacy
is subject to this Notice and our Conditions of Use, including limitations on
damages, resolution of disputes, and application of applicable law. If you have
any concern about privacy at Hand & Cloth, please contact us with a
thorough description, and we will try to resolve it. Our operation changes
constantly, and our Privacy Notice and the Conditions of Use may change also.
You should check our website frequently to see recent changes. Unless stated
otherwise, our current Privacy Notice applies to all information that we have
about you and your account. We will never materially change our policies and
practices to make them less protective of customer information collected in the
past without the consent of affected customers.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY HAND & CLOTH ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. HAND & CLOTH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, HAND & CLOTH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HAND & CLOTH DOES NOT WARRANT THAT THIS WEBSITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM HAND & CLOTH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HAND & CLOTH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
YOU AGREE TO FULLY INDEMNIFY, DEFEND, AND HOLD HAND & CLOTH, OUR DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, CONTRACTORS AND SUPPLIERS HARMLESS IMMEDIATELY ON DEMAND FROM AND AGAINST ALL CLAIMS, LOSSES, COSTS AND EXPENSES, INCLUDING REASONABLE LEGAL FEES, ARISING OUT OF ANY BREACH OF THESE PROVISIONS BY YOU, OR ANY OTHER LIABILITIES ARISING OUT OF YOUR USE OF THIS WEBSITE OR ANY OTHER PERSON ACCESSING THE WEBSITE USING YOUR PERSONAL INFORMATION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
