Ten Waverly Accessories Website Terms And Conditions Of Use

The following terms and conditions govern your use of this website ("Website") of Ten Waverly Accessories, ("Ten Waverly Accessories") and all information and materials provided on the Website. By accessing or using the Website, you acknowledge and accept these terms and conditions without limitation or qualification. Accordingly, please read these terms and conditions carefully. These terms and conditions may be modified at any time, and any such modification shall be effective and binding upon you immediately upon posting. You should review these terms and conditions each time you visit this Website to learn of any modifications made since your last visit.

I. OWNERSHIP

The Website is owned and operated by Ten Waverly. Unless otherwise noted, all information and materials provided on the Website, including without limitation, all text, articles, images, audio, video graphics, data, compilations of data, listings, screens, web pages, documents, multimedia elements and software ("Content"), are the property of Ten Waverly Accessories or its content suppliers, and are protected by U.S. and international copyright laws and other intellectual property laws.

The name and trademark Ten Waverly Accessories, and all other names and trademarks (whether or not registered) associated with Ten Waverly Accessories and its products and services displayed on the Website ("Trademarks") are the exclusive property of Ten Waverly Accessories, and are protected by U.S. and international trademark laws and other intellectual property laws. All other trademarks that appear on the Website are the property of their respective owners and are used solely to refer to the goods and services of such owners.

II. PERMISSIONS

Ten Waverly Accessories grants you a limited license to access and use this Website for your personal use. You may not (or permit any third party to) use or exploit any Content except for its intended purpose. Except as provided herein, you may not (or permit any third party to) otherwise copy, reproduce, reuse, republish, distribute, upload, post, transmit, display, modify, create a derivative work based on, reverse engineer or otherwise use for public or commercial purposes any Content without the express written permission of Ten Waverly Accessories. Further, you may not (or permit any third party to) use any Trademarks, including in any advertising or publicity pertaining to distribution of information and materials from the Website, without the express written permission of Ten Waverly Accessories.

Other than the express permissions granted herein, nothing on this Website shall be construed as conferring any license of any intellectual property rights, whether by implication, estoppel or otherwise.

III. DISCLAIMER OF WARRANTIES

Given the unpredictability of technology and the online environment, Ten Waverly Accessories does not represent or warrant that the function or operation of the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes it available will be free of viruses or other harmful elements.

While Ten Waverly Accessories has attempted to offer current, correct and clearly expressed information and materials on the Website, Ten Waverly Accessories does not represent or warrant that the information and materials accessible via the Website are accurate, complete or current.

THE INFORMATION AND MATERIALS CONTAINED ON THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT, ARE PROVIDED "AS IS," AND TEN WAVERLY ACCESSORIES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE OR CONTENT. TEN WAVERLY ACCESSORIES DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF HABITABILITY, TITLE AND NON-INFRINGEMENT.

IV. LIMITATION OF LIABILITY

YOUR ACCESS AND USE OF THE WEBSITE IS AT YOUR RISK. NEITHER TEN WAVERLY ACCESSORIES NOR ANY OF ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES, SPECIAL, CONSEQUENTIAL OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR ANY INFORMATION OR MATERIALS CONTAINED THEREIN EVEN IF ADVISED OF THE POSSIBILITY THEREOF. THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

V. USER SUBMISSIONS

While Ten Waverly Accessories welcomes your feedback regarding the Website, Ten Waverly Accessories is under no obligation to (i) respond to communications or submissions received through the Website, (ii) maintain such communications or submissions in confidence, or (iii) pay compensation of any kind for such communications or submissions. Ten Waverly Accessories does not wish to receive any confidential or proprietary suggestions, ideas, information or other materials via the Website or any electronic mail connection. All unsolicited suggestions, ideas, information or other submissions that are disclosed or communicated to Ten Waverly Accessories through the Website shall become and remain the exclusive property of Ten Waverly Accessories. Any submission by you is a declaration of the full release of all proprietary claims and/or intellectual property rights regarding your submission.

VI. COPYRIGHT POLICY

Ten Waverly Accessories respects the intellectual property rights of others. Accordingly, pursuant to these terms and conditions, users are not permitted to post, upload, or transmit any materials that infringe the copyright or other intellectual property rights of any third party. All claims of copyright infringement based upon materials posted on the Website should be in writing directed to Ten Waverly Accessories' designated agent for notification of claimed infringement:

Ms. Casey Rosenblum
101 West 24th Street 5C, New York, NY 10011
e-mail: casey@tenwaverly.com

All claims of copyright infringement submitted in accordance with this policy should include the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

VII. LINKS

Please see Ten Waverly Accessories' Website Linking Policy.

VIII. PRIVACY POLICY

Please see Ten Waverly Accessories' Website Privacy Policy.

IX. GOVERNING LAW

These terms and conditions shall be governed by and construed in accordance with the laws of the State of New York, without regard to its choice of law provisions. Both you and Ten Waverly Accessories hereby irrevocably consent to the jurisdiction of the state and federal courts located in New York.

X. ARBITRATION OF DISPUTES

All claims, controversies, and disputes relating to or arising out of this Website, other websites linked to through this Website, the Privacy Policy, the Linking Policy or the Terms and Conditions of Use shall be resolved or settled exclusively by final and binding arbitration by a three (3) arbitrator panel in the Borough of Manhattan, City and State of New York, in accordance with the rules of the American Arbitration Association governing commercial arbitration.

XI. COMPLETE AGREEMENT

These terms and conditions, and any modifications hereto, constitute the entire understanding relating to the use of the Website and prevail over any and all prior or contemporaneous, conflicting or additional, communications.

XII. INQUIRIES

Thank your for visiting tenwaverly.com. Should you have any questions concerning any of our policies, we encourage you to contact us at info@tenwaverly.com.