TERMS OF SERVICE
Effective Date: May 29, 2018
Welcome to indieuntangled.com (the “Site”). In order to be able to make the Site available to you, Indie Untangled requires you to agree to and abide by the requirements set out below (“Terms”). By using the Site, you acknowledge that you have read, understand, and expressly agree to be legally bound by these Terms and agree to follow these Terms and all applicable laws and regulations governing our services.
• You must be at least 18 years of age to use the Site (or have the permission and supervision of a responsible parent or legal guardian).
• You are a resident of the United States or lawfully consent to U.S. jurisdiction for all purposes related to use of the Site as if you were a resident.
• If you are using the Site on behalf of a business, then you must have authority, and your use of the Site is a warranty that you have the authority to bind that business to these Terms.
• You are responsible for ensuring that your use of the Site complies with all laws, rules and regulations applicable to you. These Terms are void and use of the Site is revoked where use is prohibited.
• Indie Untangled reserves the right, in its sole discretion, to change these Terms at any time by posting a notice on the Site. You are responsible for reviewing and becoming familiar with any such modifications. If you don’t agree with the new terms, please do not continue to use the Site. Continued use of the Site after the posting of new Terms constitutes an acknowledgement that you agree to such new Terms.
• Indie Untangled maintains other policies, guidelines, and requirements posted on the Site from time to time. We expect that you will, and you agree to, abide by any other requirements posted on the Site. Your use of the Site is subject to all of these policies, guidelines, and other requirements which are incorporated into these Terms.
YOUR ACTIVITIES ON INDIE UNTANGLED
You are solely responsible for your conduct and activities on and regarding the Site.
You agree and understand that:
• You are solely responsible for your conduct on the Site, including for any data, text, information, graphics, profiles, audio, and video that you post, submit or display on the Site.
• Should you choose to use the community features of the Site and associated web properties, such as commenting, social networking, etc., please be aware that any personal information (such as name, phone number, address, email address, etc.) that you elect to share will be shown to other users of Indie Untangled. Therefore, do not post such information unless you intend it to be available to the public.
Your use of the Site shall not:
• Infringe upon the rights of Indie Untangled, nor those of registered vendors. If you reproduce, sell, or modify their images or designs, or post their images or designs to other sites without prior permission, you will be infringing upon owner’s copyright and other rights.
• Infringe upon any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.
• Modify, adapt, disassemble or otherwise change or interfere with the use of Indie Untangled.
• Cause the upload, posting or display of any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
• Result in the posting, submission or display of anything that is false, inaccurate, misleading, defamatory, libelous, threatening, harassing, obscene, profane, vulgar, offensive, or otherwise inappropriate, as determined by us.
• Violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).
• Impersonate any other user or person or entity.
• Interfere with or disrupt use of the Site or violate the security, servers or networks of the Site.
• Create liability for Indie Untangled or cause Indie Untangled to lose (in whole or in part) the services of our ISPs or other suppliers.
• Indie Untangled will use reasonable efforts to ensure that the Site is available twenty-four hours a day, seven days a week. However, the Site may not be continuously available due to maintenance, upgrades and emergency repairs to our software, hardware or infrastructure.
• Indie Untangled reserves the right to refuse service to anyone for any reason at any time.
• Indie Untangled may need to change or discontinue certain aspects of the Site. We may do so with or without notice to you.
• If we feel that it is within our best interest, we may cooperate with law enforcement, court, third party or government investigations if we are requested or directed to comply.
THIRD PARTY SERVICES
Indie Untangled may enable you to use third party services, such as Twitter, Facebook, blogging sites, email platforms, etc. Indie Untangled may also contain links to websites outside the Site, such as those posted by Vendors to their online shops and social media channels. When you use these third-party services or link to another website, you are no longer dealing directly with Indie Untangled. Before using any of these features, you should review the terms of service and privacy policies of any such third-party provider.
Shipping Policy. Orders of in-stock merchandise will be shipped in 1-2 business days. All items are shipped via USPS First Class Mail or USPS Priority depending on weight and destination. Customers also have the option to select Priority Mail Express shipping at checkout.
When we create your shipping label, you will receive an email with your tracking information.
Insurance is included for domestic purchases. If you are purchasing from overseas and do not select Priority Mail International, we cannot refund lost packages.
International shipments may be subject to customs fees, import duties and/or taxes at the destination. Indie Untangled is not responsible for these fees.
Return Policy. We would like to you be happy with your purchase from Indie Untangled. You can make an exchange within 14 days of receipt of your order. Exchanges are accepted for products in saleable condition only, with yarn unwound and original labels attached. You are responsible for all shipping costs associated with your return or exchange.
Checkout. Indie Untangled uses a third party to process payments for purchases that you make on the Site. These third-party agents have separate Terms and Conditions that you must agree to as part of the checkout process. We are not responsible for their Terms and Conditions or for the security and privacy of any credit card or other personal information that you submit through them.
We will ship orders in accordance with your requests at checkout. All orders will be subject to our Shipping Policy.
All prices listed on the Site are subject to change. In the event a product is listed at an incorrect price or with incorrect information due to typographical or some other error, we shall have the right, prior to the acceptance of your order, to refuse or cancel any such orders whether or not the order has been confirmed and your preferred payment method charged. If your payment method has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your payment account in the amount of the charge. Please note that the colors of items and products may depend on your monitor and may not be correctly displayed. The availability of products and other items may change at any time, without notice.
Your Intellectual Property. By posting a Vendor Submission to indieuntangled.com, you represent that: (i) you are the owner of the Submission; or (ii) you have the right and license to use the Submission; or (iii) the Submission is in the public domain; or (iv) to your knowledge, no one else claims ownership of, or exclusive rights to, the Submission; and (v) you have the legal right to grant a license to Indie Untangled to use the content of the Submission.
Vendors retain all of their ownership rights, including all copyright and other intellectual property rights, in any images or artwork submitted to the Site.
Vendors hereby grant Indie Untangled a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable right and license to use, reproduce, distribute, and display, the Vendor Submission content in any media now known or hereafter developed. Vendors further agree that Indie Untangled may: (i) display your images or artwork on the Site, on the Internet, and other media; and (ii) make modifications to your images or artwork as necessary to prepare them for use on the Site.
Our Intellectual Property. You acknowledge and agree that all copyright, designs, the “look and feel” of the Site, trademarks and all other intellectual property and material rights relating to the content and the services as herein described, shall remain at all times the property of Indie Untangled and/or their respective owners. All such content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by federal and state laws, common laws and regulations, and international treaty provisions. You are permitted to use the content only as expressly authorized by Indie Untangled and/or its third-party licensors. Any reproduction or redistribution of the above listed content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
Indie Untangled has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA. The address of Indie Untangled’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.
It is Indie Untangled’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our content providers, vendors or users; and (2) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through Indie Untangled’s website or service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
4. Contact information about the notifier including address, telephone number and, if available, e-mail address;
5. A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Please contact Indie Untangled’s Designated Agent to Receive Notification of Claimed Infringement at the following address:
c/o Lisa Chamoff
415 Argyle Road, Apt. 2L
Brooklyn, NY 11218
Disclaimer of Warranties. WE PROVIDE THE SITE “AS IS, AS AVAILABLE”, AND YOUR ACCESS OF THE SITE IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SITE OR OUR SERVICES WILL MEET YOUR REQUIREMENTS OR RESULT IN ANY PARTICULAR OUTCOME, OR THAT THE OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. OUR SERVICES AND THE SITE ARE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY). TO THE FULLEST EXTENT ALLOWED BY LAW, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
Liability Limitation. WE SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES (EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). OUR CUMULATIVE LIABILITY RELATING TO YOUR USE OF THE SITE (REGARDLESS OF ITS BASIS), SHALL NOT EXCEED THE GREATER OF (A) AMOUNTS THAT YOU PAY IN CONNECTION WITH A PARTICULAR PURCHASE YOU MAKE FROM THE SITE AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Choice of Law. These Terms and any legal action against Indie Untangled shall be governed in all respects by the laws of the State of New York and as those laws apply to agreements entered into and to be performed entirely within New York, without regard to conflict of law provisions.
Disputes. In the event a dispute arises between you and Indie Untangled, please contact us at [email protected] and we will work quickly toward a solution. Any dispute arising from or relating to the subject matter of this Agreement shall be settled by binding arbitration in Kings County, New York, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS.
Disputes with Other Users. In the event that you have a dispute with one or more users or vendors, you release us, Indie Untangled (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action not covered by the section entitled “Disclaimer of Warranties” herein arising out of or related to use of the Site, products or services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Notice. You may contact us using the various methods listed on our Contact page. If we need to contact you, we will use any contact info you have provided to us.
No Agency. Neither you nor Indie Untangled is the agent or partner of the other. No joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.
Assignment. You may not assign, transfer, delegate or sub-license any of your rights under these Terms. We may assign, transfer, delegate or sublicense any of our rights under these Terms.
Severability. If any provision of these Terms is illegal, void or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary for the rest of the agreement to remain enforceable.
No Waiver. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance, does not mean that we will do so in the future. In order for any waiver of compliance with these Terms to be binding, Indie Untangled must provide you with written notice of such waiver, provided by one of our authorized representatives.
Entire Agreement. These Terms and any policies, guidelines, and requirements that we post on Indie Untangled state the complete understanding between you and us. No modification of these Terms will be enforceable against Indie Untangled unless in writing and signed by an authorized representative.
Headings. The section and paragraph headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.