TERMS & PRIVACY – EFFECTIVE MAY 2016
This website (the "Site") is owned and operated by Velvet, LLC ("Velvet"), the manufacturer of Velvet by Graham & Spencer branded goods and other fine products. YOUR CONTINUED USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO THESE TERMS. Velvet reserves the right to amend, change or modify these Terms at any time, with or without notice to you. By using the Site after we post any such changes, you hereby agree to such modified terms. If you do not agree to any of these Terms or any changes made by Velvet hereafter, you may simply exit the Site.
1. GENERAL TERMS
YOU SHALL NOT USE THE WEBSITE FOR ANY ILLEGAL PURPOSES, AND YOU WILL USE IT IN COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS. YOU SHALL NOT USE THE WEBSITE IN A WAY THAT MAY CAUSE THE WEBSITE TO BE INTERRUPTED, DAMAGED, RENDERED LESS EFFICIENT OR SUCH THAT THE EFFECTIVENESS OR FUNCTIONALITY OF THE WEBSITE IS IN ANY WAY IMPAIRED. YOU AGREE NOT TO ATTEMPT ANY UNAUTHORIZED ACCESS TO ANY PART OR COMPONENT OF THE WEBSITE.
This Site is operated by Velvet from its offices in Culver City, CA, USA. Velvet makes no representation that content of the Site is appropriate or lawful in other territories or jurisdictions. Use or access of this Site from territories or jurisdictions where the Site or any of its content is illegal, unlawful, violative of obscenity or other laws is strictly prohibited. Those who choose to access this Site from other states or countries do so at their own risk and such users are solely responsible for compliance with applicable local laws.
The content that appears on our Site is for informational purposes only. We do our best to ensure that the information posted on the Site (including product models and availability, dealer locations, etc.) is timely and accurate; however, errors do appear from time to time. We are not responsible for, and do not guarantee the performance of, goods and services provided by any third party to whose website we link. We may from time to time place a button or link to the website of another individual or company. Any links on this Site are designed for convenience only, and do not constitute an endorsement by Velvet of that site, its owner or host or the products or services offered or listed on such site.
All text, images, graphics, logos, icons, design elements, trademarks, trade dress, copy and other Site content, as well as the specific arrangement thereof, are Copyright © 2013, Velvet, LLC. All rights reserved.
2. OWNERSHIP OF SITE CONTENT
Unless otherwise stated, the text, software, images, graphics, logos, icons, photographs, images, illustrations, audio clips, video clips, design elements, copyrights and copyrightable materials, trademarks, trade dress and other Site content (collectively referred to herein as the "Site Content") are the exclusive property of Velvet or its licensors. Except where such permission is specifically granted, you may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Site Content, in whole or in part. You may download to your computer for viewing such copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Velvet and, where applicable, the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Velvet grants you no express or implied rights by way of your permitted downloading of copyrighted material.
3. RESTRICTIONS ON YOUR USE
Your use of this Site is pursuant to a single-copy revocable license granted to you. As a condition of your use of this Site, you warrant to Velvet that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. All other rights, including all rights of ownership, are reserved by Velvet. This means that you may access the Site using a browser and you may download one copy of the Site Content on a single computer for your own personal and non-commercial internal use. You shall not: (a) modify the Site Content, in whole or in part; (b) use the Site Content, in whole or in part, for any commercial purpose or public display, performance, sale, or rental; (c) de-compile, reverse engineer, or disassemble software materials; (d) remove any copyright notice or other proprietary notices from the Site Content; or (e) assign, transfer or export, or attempt to assign, transfer or export, the Site Content, in whole or in part, to another person. You agree to prevent any unauthorized copying of the Site Content.
You acknowledge and agree that the trademarks, servicemarks, logos, copyrights and any and all other intellectual property rights in all material or content contained within this Website shall remain at all times vested in us or, in the cases where we are using such material or content under authority from a third party, in the owner of such material or content. Any use of trademarks, service marks, product names and company names or logos, including the reproduction, modification, distribution or republication of same without the prior written permission of Velvet, is strictly prohibited.
5. THIRD-PARTY CONTENT; NO LINKING OR FRAMING
The website may contain links to other websites that provide more information and to make it easier for those visiting the Site. Velvet is not responsible for the content on or related to third party websites. You further agree that Velvet 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, any third party website. As a matter of policy, Velvet does not permit you to create or post a link or a frame to any Velvet site (including this Site) without Velvet's prior written approval. If you wish to link to the Site, please contact us at firstname.lastname@example.org to apply for permission to do so.
6. DISCLAIMER OF WARRANTIES
You expressly agree that use of the site is at your sole risk as permitted by law. Neither Velvet, its affiliates nor any of their respective employees, agents, officers, directors, shareholders, third party content providers or licensors warrant that the site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the site, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the site. The site is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. You specifically acknowledge that Velvet is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.
In no event will Velvet or any person or entity involved in creating, producing or distributing the site or the software used in connection with the site, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the site. You hereby acknowledge that the provisions of this section shall apply to all content on the site.
In no event shall Velvet (including its employees, directors, and agents) be liable to you or any third party for any damages whatsoever (including without limitation any special, indirect, or consequential damages, and damages resulting from loss of use, loss of data, loss of profits, or business interruption) arising out of the use of or inability to use the site or any hyperlinked website, even if velvet has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of certain categories of damages and as a result, some of the above limitations may not apply to you. In such states, as well as in New Jersey, the liability of Velvet as set forth in this paragraph is limited to the fullest extent permitted by law.
7. CONTENT YOU POST
You agree not to post or transmit through the Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Velvet's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by you that in Velvet's discretion restricts or inhibits any other user from using or enjoying the Site will not be permitted. You shall not use the Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line services, whether or not such other services are competitive with Velvet. By submitting material to any public area of the Site, including but not limited to chat rooms, you automatically grant (or warrant that the owner of such material has expressly granted) Velvet the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user of the Site to access, view, store or reproduce the material for that user's personal use. You hereby grant Velvet the right to edit, copy, publish and distribute any material made available on the Site by you. Velvet shall have the right, but not the obligation, to monitor the content of the Site, including chat rooms and forums, to determine compliance with these Terms or any operating rules established by Velvet and to satisfy any law, regulation or authorized government request. Velvet shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site. Without limiting the foregoing, Velvet shall have the right to remove, at any time and without notice to you, any material that Velvet, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
8. COOKIES & BROWSER
This agreement may be terminated by Velvet at any time without notice. In the event of termination, you are no longer authorized to access this Site and the restrictions imposed on you with respect to the Site Content as well as the disclaimers, limitations of liabilities, arbitration and class-action waiver set forth in this agreement, shall survive.
10. MANDATORY ARBITRATION OF DISPUTES
All disputes between you and Velvet will be resolved by BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, not a judge or jury. You agree that any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement or concerning the performance or obligations of Velvet or you, shall be resolved by mandatory and binding arbitration submitted to Velvet in accordance with its Commercial Arbitration Rules at the request of either Velvet or you pursuant to the following conditions: (a) Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will conducted at a JAMS facility in your area or at a JAMS facility in or near Culver City, CA (b) Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein. (c) Conduct of Arbitration. The arbitration shall be conducted by a single neutral arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be conducted under JAMS’ Comprehensive Arbitration Rules & Procedures Subject to the applicable JAMS procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Service, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties. (d) Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction. (e) Costs and Fees. You will be subject to a $250 filing fee to initiate an arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration, with Velvet remaining responsible for its share of costs, expenses and fees plus any costs, expenses and fees required of it under JAMS procedures. (f) Litigation. The Federal Arbitration Act and federal arbitration law apply to this Agreement. Either party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy). We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. (g) Other. The Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions.
11. Class Action Waiver
The parties expressly waive any ability to maintain any class action in any forum. Any arbitration, claim or other proceedings by or between you and Velvet shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
(a) Jurisdictional Issues. Velvet makes no representation that the Services are appropriate or available for use outside the United States. Those who choose to access the Services or any part thereof from outside the United States do so at their own risk and are responsible for compliance with applicable local laws. The site may contain references or cross references to products or services that are not available or approved by the appropriate regulatory authorities in your country. Such references do not imply that Velvet intends to announce or make available such products or services to the general public, or in your country. Any disputes in connection with these Terms that, notwithstanding the mandatory arbitration provision we have agreed to above, results in court action shall be resolved exclusively by a state or federal courts located in the County of Los Angeles, California, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non conveniens.
(b) Entire Agreement. These Terms are the entire agreement between you and Velvet relating to the subject matter herein and shall not be modified except by Velvet in accordance with these Terms, or as otherwise agreed in writing by you and Velvet. No employee, agent or other representative of Velvet has any authority to bind Velvet with respect to any statement, representation, warranty or other expression not specifically set forth in these Terms.
(c) Severability and Waiver. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. The preceding sentence does not apply to New Jersey residents or transactions. The failure of a party to require performance of any provision will not affect such party’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
Velvet welcomes your comments. If you have questions or comments about our policies, feel free to send us an e-mail at email@example.com
Velvet is dedicated to upholding your privacy as a user of the Site. Information that is necessary to place an order, join our mailing list, enter a contest, suggestions (whether solicited or unsolicited), fill out a retail information card or any other submissions given or sent to us are and shall be the sole property of Velvet. Velvet collects your information only to improve your experience and allow Velvet to communicate with you regarding Velvet services and products. At this time, Velvet does not sell your personal information to third parties.
That said, we shall from time to time share pertinent information with third parties that provide services on our behalf or with whom we have partnered to offer a particular product or service. For example, sharing such information with our partner UPS or the USPS, so that they may deliver your order. If you have questions or comments about our policies, feel free to send us an email at firstname.lastname@example.org.
Notwithstanding anything stated above, Velvet has recently launched a program in connection with its Facebook page where users will provide their email and other identifying information in connection with a new social media platform designed to bring users to our website. At this time, such personally identifying information will be used by Velvet for internal marketing and other internal purposes and not shared with any other party.
15. USER INFORMATION