Liz & Sarp NewYork Inc, doing business as “Peace of Cloth” (hereinafter “Liz & Sarp NewYork Inc” or “Peace of Cloth”) provides website features and other products and services to you when you visit or shop at the websites operated by Peace of Cloth (pocnyc.com and any future site operated by Peace of Cloth (collectively, the ”sites”)), use the sites’ products, services, or applications, or use software or data provided by Peace of Cloth in connection with any of the foregoing (collectively, together with any use of the sites, the " Services"). Peace of Cloth provides the Services subject to the following conditions.
By using Peace of Cloth’s Services, you agree to these conditions. Please read them in their entirety.
When you use a Peace of Cloth Service (any sites or mobile applications or "apps") you also will be subject to the guidelines, terms and agreements applicable to that Peace of Cloth Service ("Service Terms"). If these Terms & Conditions of Use (”Conditions of Use”) are inconsistent with the Service Terms, those Service Terms will control. Peace of Cloth reserves the right, at any time, to modify, alter or update these Conditions of Use, and you agree to be bound by such modifications, alterations or updates.
When you use any Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the sites, forums, or through the other Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content, including illustrations, photographs, product images, artwork, designs, text, graphics, logos, button icons, images, audio clips, scripts, service names, digital downloads, data compilations and software is the property of Peace of Cloth or its content suppliers and are protected by worldwide trademark, trade dress and copyright laws.
OWNERSHIP OF INTELLECTUAL PROPERTY
All trademarks, service marks and trade names on this site, or other service, including without limitation Peace of Cloth® are property of Liz & Sarp NewYork, Inc. No use of these may be made without prior, written authorization of Liz & Sarp NewYork Inc.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Peace of Cloth or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. This license does not include any resale or commercial use of any Service, or its contents. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or part, any of the content on this site, or any of the Services. You may not download modify, obscure or delete any copyright or other proprietary notices on the Services. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Peace of Cloth or its licensors, suppliers, publishers, rights holders, or other content providers. The licenses granted by Peace of Cloth terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Peace of Cloth reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
USER COMMENTS AND SUBMISSION
Visitors may post reviews, comments, photos, send e-cards, submit suggestions, ideas, questions, or other information. For any content that you submit, you grant Peace of Cloth a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell or distribute such content and to incorporate such content into any form, medium or technology throughout the world without compensation to you. You agree that no content submitted by you will violate any right of any third party, including copyrights, trademark, privacy or other personal or proprietary rights. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your content. You further agree that no content submitted by you will be or contain libelous or otherwise unlawful, abusive or obscene material. You represent and warrant that you own or are otherwise solely responsible for the contents of your submission and that you will indemnify Peace of Cloth for all claims resulting from content you supply. All content that you submit may be reviewed, revised, edited or removed at Peace of Cloth’s sole discretion.
Peace of Cloth respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us directly via postal mail or email.
RISK OF LOSS
All items purchased from Peace of Cloth are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Some items may not be returnable or refundable. At our discretion, a refund may be issued without requiring a return. In this situation, Peace of Cloth does not take title to the refunded item. Peace of Cloth does not take title to returned items until the item arrives at our fulfillment center.
All product descriptions, colors, and prices are subject to change by Peace of Cloth at any time without notice. With respect to items sold, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Peace of Cloth is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We generally do not charge your credit card until after your order has entered the shipping process. If a product offered by Peace of Cloth is not as described, your sole remedy is to return it in unused condition.
ACCURACY OF INFORMATION
Peace of Cloth attempts to be as accurate as possible. However, no representation is made or warranty given as to the completeness or accuracy of such information. The Services may contain typographical errors, incomplete or out of date information. Peace of Cloth reserves the right to make changes to the information in this site, or to the Services, or update such information at any time without notice (including after you have submitted your order), but Peace of Cloth makes no commitment to correct or update this information.
PEACE OF CLOTH SOFTWARE TERMS
In addition to these Conditions of Use, the terms within any software or application apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with the Services.
LINKS TO OTHER WEBSITES AND SERVICES
Peace of Cloth’s website may contain links to websites other than our own. Peace of Cloth assumes no responsibility for those sites, nor does it control the content or take responsibility of their content. It should not be implied that Peace of Cloth endorses or otherwise recommends such other websites or the products or services offered. You should carefully review their privacy statements and conditions of use, and any concerns regarding any such other websites or the products or services offered should be directed to the particular outside service or resource.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PEACE OF CLOTH SERVICES ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PEACE OF CLOTH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PEACE OF CLOTH SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES OF SATISFACTORY QUALITY, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES, THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SERVICES. PEACE OF CLOTH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PEACE OF CLOTH SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY PEACE OF CLOTH SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By using any Peace of Cloth Service, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Peace of Cloth, and any such dispute shall be resolved exclusively by court action only in the state and/or federal courts located in New York County, New York.
MODIFICATION AND SEVERABILITY
Liz & Sarp NewYork Inc.
499 7th Avenue, 15th Floor South
New York, NY 10018
Additional Peace of Cloth Software Terms
- Use of the Peace of Cloth Software. You may use Peace of Cloth Software solely for purposes of enabling you to use and enjoy the Services as provided by Peace of Cloth, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Peace of Cloth Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Peace of Cloth Software or otherwise assign any rights to the Peace of Cloth Software in whole or in part. You may not use the Peace of Cloth Software for any illegal purpose. We may cease providing any Peace of Cloth Software and we may terminate your right to use any Peace of Cloth Software at any time. Your rights to use the Peace of Cloth Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Peace of Cloth Software that are specifically identified in related documentation may apply to that Peace of Cloth Software (or software incorporated with the Peace of Cloth Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Service is the property of Peace of Cloth or its software suppliers and protected by worldwide copyright laws
- No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Peace of Cloth Software, whether in whole or in part, or create any derivative works from or of the Peace of Cloth Software.
- Updates. In order to keep the Peace of Cloth Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
- Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Peace of Cloth Software. If you are a U.S. Government end user, we are licensing the Peace of Cloth Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Peace of Cloth Software are the same as the rights we grant to all others under these Conditions of Use.