…this website is operated by cloth of stillness…throughout the site, the terms “we”, “us” and “our” refer to cloth of stillness… cloth of stillness offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
…by visiting our site and/ or purchasing something from us, you engage in our “service” and agree to be bound by the following terms and conditions (“terms of Service”, “terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink…these terms of service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
…please read these terms of service carefully before accessing or using our website…by accessing or using any part of the site, you agree to be bound by these terms of service…if you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services…if these terms of service are considered an offer, acceptance is expressly limited to these terms of service.
…any new features or tools which are added to the current store shall also be subject to the terms of service…you can review the most current version of the terms of service at any time on this page…we reserve the right to update, change or replace any part of these terms of service by posting updates and/or changes to our website...it is your responsibility to check this page periodically for changes…your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
section 1…online store terms
…by agreeing to these terms of service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
…you may not use our products for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
…you must not transmit any worms or viruses or any code of a destructive nature.
…a breach or violation of any of the terms will result in an immediate termination of your services.
section 2…general conditions
…we reserve the right to refuse service to anyone for any reason at any time...you understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices..credit card information is always encrypted during transfer over networks.
…you agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service or any contact on the website through which the service is provided, without express written permission by us.
…the headings used in this agreement are included for convenience only and will not limit or otherwise affect these terms.
section 3…ownership of site content…copyrights, trademarks and restrictions on use
section 4…accuracy, completeness and timeliness of information
…we are not responsible if information made available on this site is not accurate, complete or current…the material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information…any reliance on the material on this site is at your own risk.
…this site may contain certain historical information…historical information, necessarily, is not current and is provided for your reference only…we reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site…you agree that it is your responsibility to monitor changes to our site.
section 5…modifications to the services and prices
…prices for our products are subject to change without notice…we reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time…we shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.
section 6…products or services ( if applicable)
…certain products or services may be available exclusively online through the website…these products or services may have limited quantities and are subject to return or exchange only according to our return policy.
…we have made every effort to display as accurately as possible the colors and images of our products that appear at the store…we cannot guarantee that your computer monitor's display of any color will be accurate.
…we reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction…we may exercise this right on a case-by-case basis…we reserve the right to limit the quantities of any products or services that we offer…all descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us…we reserve the right to discontinue any product at any time…any offer for any product or service made on this site is void where prohibited.
…we do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
section 7...digital downloads
…all digital media files sold as products can be downloaded to your computer and are limited, non-exclusive, non-transferrable license to view, and download for personal, non-commercial purposes by clothofstillness.com…downloading the products does not transfer title of them, or any intellectual property rights therein, to you…you may not publish, scrape, reproduce, transmit, distribute, display, broadcast, re-broadcast, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, directly or indirectly, any of the products…you may not reverse engineer, decompile, disassemble, modify or disable any copy protection or use limitation systems associated with the products…you may not play and then re-digitize any products, or upload those products to the Internet…you may not use the products in conjunction with any other third-party content (e.g, to provide sound for a film) unless with prior written consent from cloth of stillness that explicitly approves such inquiry for use of specific application and all parameters associated…you may not sell or offer to sell the products, including but not limited to, posting any product for auction, on any internet auction site…you may not attempt to circumvent any technical measures( including digital rights management) that we may employ not take any measures to interfere with or damage the digital download services…once again, all digital products are limited, non-exclusive, non-transferrable license to view and download only, so this does not transfer to you any commercial or promotional use rights in the products…in addition, we do guarantee theavailability of the digital products and services in a particular jurisdiction or for any particular device, operating system, or browser...the continued support for a particular feature of the digital products or services are not guarantee; nor do we guarantee that you will be able to use the digital product and services uninterrupted or error-free.
section 8…accuracy of billing and account information
…we reserve the right to refuse any order you place, refuse you service and we may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order…these restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address…in the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made…we reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
…you agree to provide current, complete and accurate purchase and account information for all purchases made at our store….you agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
section 9…shipping policies and procedures
…please review our shipping policies and procedures before placing orders for merchandise made available on this site…we will not be liable for any loss, damage, cost, or expense related to delays in shipment or delivery of merchandise…the risk of loss of, and title to, all merchandise purchased on this site will pass to you upon final delivery of the merchandise to the carrier associated with your purchase.
section 10…taxes and duties or customs charges
…cloth of stillness will collect sales taxes on all orders being shipped within New York based on state and county at checkout…residents of other US states are responsible for all sales taxes and other taxes, if any, applicable to merchandise shipped to locations outside New York…all addresses outside USA are shipped on DDU (Delivery Duty Unpaid) basis, meaning that VAT/ Custom Duties / Local Taxes / Import duties are not included in the final purchase price, and it will be done directly by the customer..please contact the local customs bureau for any questions related to the import tax / duty / VAT fees levied by the country of import...cloth of stillness is not responsible for any fees associated with orders shipped outside the US charged by customs for DDU deliveries.
section 11…optional tools
…we may provide you with access to third-party tools over which we neither monitor nor have any control nor input...you acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement…we shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
…any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
…we may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources)…such new features and/or services shall also be subject to these terms of service.
section 12…third-party links
…certain content, products and services available via our service may include materials from third-parties.
…third-party links on this site may direct you to third-party websites that are not affiliated with us…we are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
…we are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites…please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction, particularly because these sites may make use of your personally identifiable information in ways inconsistent with these terms and conditions….complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
section 13…user comments, feedback and other submission
…if, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us…we are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
…we may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
…you agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right…you further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website…you may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments…you are solely responsible for any comments you make and their accuracy…we take no responsibility and assume no liability for any comments posted by you or any third-party.
section 14…personal information
Your submission of personal information through the store is governed by our privacy policy…
section 15…errors, inaccuracies and omissions
…occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability…we reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
…we undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law…no specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.
section 16…prohibited uses
…in addition to other prohibitions as set forth in the terms of service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, harm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website, other websites, or the internet…we reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.
section 17…disclaimer of warranties; limitation of liability
…we do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
…we do not warrant that the results that may be obtained from the use of all of our products and services will be accurate completeness or reliability of any advice, opinion, statement, price, indication of availability, or other information featured on this site…cloth of stillness does not warrant that this site, the servers on which it resides or e-mail sent from this site will be free of viruses or other harmful components…cloth of stillness will not be liable for damages of any kind arising from the use of this site, including but not limited to direct, indirect, incidental, consequential or punitive damages…
…you agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
…you expressly agree that your use of, or inability to use, the service is at your sole risk…the service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
…in no case shall cloth of stillness, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility…because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
section 18...shipping policies and procedures
…please review our shipping policies and procedures before placing orders for merchandise made available on this site…we will not be liable for any loss, damage, cost, or expense related to delays in shipment or delivery of merchandise…the risk of loss of, and title to, all merchandise purchased on this site will pass to you upon final delivery of the merchandise to the carrier selected to deliver it.
section 19…indemnification
…you agree to indemnify, defend and hold harmless cloth of stillness and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees (“indemnified parties”), harmless from any claim or demand, actions, proceedings and damages, including without limitation reasonable attorneys’ fees and costs that may be incurred by any of the indemnified parties and that arises from or relates to your use of this site.
section 20…severability
…in the event that any provision of these terms of service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms of service, such determination shall not affect the validity and enforceability of any other remaining provisions.
section 21…termination
…the obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes…these terms of service are effective unless and until terminated by either you or us…you may terminate these terms of service at any time by notifying us that you no longer wish to use our services, or when you cease using our site.
…if in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these terms of service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).
section 22…entire agreement
…the failure of us to exercise or enforce any right or provision of these terms of service shall not constitute a waiver of such right or provision…these terms of service and any policies or operating rules posted by us on this site or in respect to the service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the terms of service)…any ambiguities in the interpretation of these terms of service shall not be construed against the drafting party.
section 23…governing law
…these terms of service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the state of New York, United States.
section 24…changes to terms of service
…you can review the most current version of the terms of service at any time at this page.
…we reserve the right, at our sole discretion, to update, change or replace any part of these terms of service by posting updates and changes to our website…including any and all content, merchandise, or services featured on this site, at any time…sales prices for merchandise and services are subject to change without notice, and if merchandise or services are listed at an incorrect sales price, we reserve the right to refuse, cancel or limit any orders placed for such merchandise or services at the incorrect price…at times such changes may be necessary to address the addition or discontinuance of merchandise or services offered on this site, technological changes made to this site, changes made to our business procedures or practices, or other factors…more importantly, we will not be obligated to notify you of these changes as and when they are made…it is your responsibility to check our website periodically for changes…your continued use of or access to our website or the service following the posting of any changes to these terms of service constitutes acceptance of those changes…if you disagree with any change that we may make to these terms and conditions, your sole recourse is to discontinue your use of this site.
section 25…contact information
questions about the terms of service should be sent to customercare@clothofstillness.com
…gratitude for your interest…
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