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Terms and Conditions (“Terms”)


Last updated: March 2016

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) and our Privacy Policy carefully before using the shakerandspoon.com website (the “Service”) operated by Shaker & Spoon Site (“us”, “we”, or “our”).

These Terms apply to all visitors, members, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms and the Privacy Policy. If you disagree with any part of the terms then you do not have permission to access the Service and you should leave our website.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you will be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. This information will be stored and protected pursuant to our Privacy Policy.

In submitting the requested information you represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We use third party delivery services to deliver your Purchase. This means that the risk of loss and title for the Purchase passes to you upon our delivery to the third party carrier.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. While we strive for accuracy the information found on the Service may contain errors or inaccuracies and may not be complete or current. We do not warrant that product descriptions or pricing is accurate, complete, reliable, current or error-free. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. If an error or inaccuracy occurs with respect to your Purchase your only remedies would be to return your Purchase pursuant to our return policy [is there one?] or you may contact us for any credit if appropriate.

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service will be governed by separate, additional rules available on this web-site. Please review the applicable rules as well as our Privacy Policy and these Terms and Conditions. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.

Accounts

When you create an account with us, you warrant that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. We do not market to, or sell to, children.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to terminate accounts that violate any of the rules in this section.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Shaker & Spoon Site and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Shaker & Spoon Site. Subject to your compliance with these Terms and Conditions we grant you a limited, non-transferable license to access and make personal use of the Service. All rights not expressly granted to you in these Terms and Conditions are reserved and retained by us.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Shaker & Spoon Site.

Shaker & Spoon Site has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Shaker & Spoon Site 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 use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Termination and Cancellation

We reserve the right to refuse or cancel your Purchase order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your Purchase order if you provide inaccurate or incomplete information to us, appear to be engaging in fraud or an unauthorized or illegal transaction activity with respect to your use of the Service or appear to be in breach of these Terms and Conditions.

By using our Service you consent to receive communications from us electronically. We will provide all notices, including cancellation, to you at the last e-mail address that you have provided to us. However, we reserve the right to terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, at our sole discretion, for any reason whatsoever and without limitation, including but not limited to fraud or unauthorized or illegal transaction activity.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

Limitation Of Liability

IN NO EVENT SHALL SHAKER & SPOON SITE, OR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. WITH RESPECT TO ANY PURCHASE MADE BY USE OF THE SERVICE OUR LIABILITY IS LIMITED TO THE PRICE PAID BY THE PURCHASER.

Disclaimer

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT ALLOWED BY LAW WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.

SHAKER & SPOON SITE ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of New York, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will indicate the date upon which these Terms are modified and prior versions will be maintained. If any of these Terms shall be deemed invalid, void or unenforceable that term shall be deemed severable and shall not affect the validity and enforceability of the remaining terms.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us @ [email protected]

Privacy Policy


Shaker & Spoon (“ S & S ”, “ we, ” or “ us ”) is committed to providing a valuable, and safe experience for our customers. This Privacy Policy (this “ Policy ”) applies to and governs any and all Personal Information (as defined below) you provide to us or we collect about you while (“ you ,” “ your, ” or “ user ”) visiting or using our web-site, http://www.shakerandspoon.com . (the “Site”) This Policy applies whether you access the Site through a personal computer, mobile device, or any other means.

Together with our Terms and Conditions (the “ Terms ”), this Policy is a legally binding agreement between you and S & S. By accessing or using the Site or by registering for an Account (as defined below), you consent to the Terms and the Policy, including S & S’s collection, use, and disclosure of your Personal Information (as defined below) as described below. Please read this Policy carefully. S & S reserves the right to change or modify this Privacy Policy as it deems necessary or appropriate due to changes in our business practices or changes in the law. We will indicate the date upon which this Privacy Policy is modified and prior versions will be maintained.

What is Personal Information?

For the purposes of this Policy, we define “ Personal Information ” is your first and last name, your e-mail address, your home or other physical address, including a street name and name of a city or town, your telephone number, your social security number, any payment or financial information, or any other identifier that permits S & S to contact a natural human person, like you, and/or any information that S & S maintains that could be used to identify you in combination with any of the identifying information described above.

We will collect and store any Personal Information you provide to us. For example, to create an account for the Site (“ Account ”) we ask you to provide your name and an email address. When you purchase from the Site, we ask you to provide your name, shipping address, phone number and credit card information, including number, expiration date and authentication codes. We collect and store any Personal Information that you choose to provide in accordance with this Policy. Please note: it is your choice to provide us with this information.

Personal Information does not include “aggregate” information, which is data we collect automatically about the use of the Site. The Policy does not restrict or limit our collection and use of aggregate information, and we reserve the right to share such aggregate information with potential partners or other third parties without restriction.

Information We Collect

Information You Give Us: S & S receives and stores any Personal Information you provide through the Site or through any other means, including, without limitation, information you provide to S & S when you register for an Account, purchase a product, (as defined below), or request information from S & S regarding our products or services. You can choose not to provide such Personal Information, in which case you will not be able to access or use portions of the Website.

We may employ the use of third party providers for the purpose of facilitating payment and the completion of purchases. By submitting your information, you grant us the right to provide your Personal Information to these third parties who are subject to this Privacy Policy.

All transactions are processed through a gateway provider and are not stored or processed on our servers.

Gift Subscriptions: You may purchase a Subscription for a recipient other than yourself (“ Gift Subscription ”). The Gift Subscription recipient’s Personal Information that you submit to S & S will be used only to send the gift, and will not be stored or maintained by S & S.

Automated Collection: S & S automatically receives and stores certain types of Personal Information when you visit the Site, such as the name of the domain and host from which you access the Internet; the IP address of the computer you are using and the browser and operating system you are using; the date and time you access the Site; the Internet address of the website from which you linked to the Site; any search terms you used to find the Site; the device identifiers and mobile and network information, and your actions on the Site. This information will be treated as Personal Information if we combine or link it to any of the identifying information above. Otherwise, this information constitutes aggregate information.

We may also automatically receive and store certain types of information when you visit the Site through the use of cookies, web beacons, or similar programs to collect the information described above. A cookie is a small text file that is sent to your computer to collect information about your activities on the Site. The cookie transmits this information back to the applicable Site each time your browser requests a page from the Site. We may also use cookies to maintain session information you provide to us, so that when you leave the Site and return, the Site will recognize your device. “Web beacons” are small pieces of code placed on website used to collect advertising metrics, such as counting page views, promotion views, or advertising responses. We may also use cookies or web beacons to measure aggregate web statistics, including the number of monthly visitors, number of repeat visitors, most popular webpages and other information. Cookies do not contain any Personal Information and it is our policy not to track your Internet usage outside of the Site. However, you always have a choice with regard to cookies. You can modify your browser preferences to allow you to accept or reject all cookies or to notify you when a cookie is set. If you choose to reject all cookies, you may be unable to use certain areas of the Site. Please consult your browser instructions for information on how to modify your choices about cookies. Finally, you may delete any existing cookies manually from the hard drive of your device. For more information about cookies, please visit www.allaboutcookies.org.

“Do Not Track”: Section 22575 of the California Business & Professions Code requires website and online service operators to disclose whether they honor web browser “Do Not Track” settings. S & S supports and honors “Do Not Track” web browser settings. If you enable Do Not Track settings in the browser you are using, S & S will not collect, store, or use Personal Information about website you visit using that browser other than www.S & S-shop.com. Other parties, however, may not honor Do Not Track signals. These parties may collect Personal Information about your online activities over time and across different web Site when you visit www.S & S-shop.com, for example by using cookies on our Site. We have no access to or control over other parties’ Personal Information collection practices, even those with which S & S may have an affiliation. You should carefully review the privacy policy and terms of any website you visit. For more information about Do Not Track, please visit www.allaboutdnt.org.

Use of Personal Information