1. Ownership and Operation: This web site belongs to UNICORN THEORY, INC. (“By Humankind”), 145 Spring St, 3rd FL New York, NY, 10012 USA. By Humankind, may, at its sole discretion and at any time, modify or discontinue this web site or specific portions of it.
5. Use of Site Materials: By Humankind owns the copyright for all of the material on the website or has a valid right from a third party to use material on the website. By Humankind also owns or has a valid right to use all trademarks, service marks, and trade names used on this website. No part of the website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non¬-commercial home use only, provided you keep intact all copyright, trademark and other proprietary notices on the materials. Any modification of the materials or use of the materials for any other purpose is a violation of By Humankind copyright and other proprietary rights. The use of any such material on any other website or computer network without By Humankind written consent is strictly prohibited. Your use of the trademarks, service marks and trade names on this website in any manner other than as authorized in these terms and conditions, or as authorized in writing by By Humankind, is strictly prohibited.
6. Downloaded Software: If you download any software or other similar information from this website “(Software”), the Software and all files, images and data relating to the Software will be licensed to you by By Humankind. You do not own the Software, and By Humankind does not transfer ownership of the Software to you. By Humankind retains full ownership of and title to the Software and all intellectual property rights related to the Software. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. Software that is downloaded from this website is subject to United States export control laws. If you download software from this website, you represent and warrant to By Humankind that you are not acting in violation of those laws.
9. Geographic Scope: of Site By Humankind controls and operates this website from within the United States of America. Unless otherwise specified on or by this website, this website is intended to promote only those By Humankind products that are sold by By Humankind in the United States and its territories, and By Humankind makes no representation that materials in this website or the products described thereby are appropriate or available for use in other locations. All visitors to this website are responsible for compliance with all local laws applicable to them with respect to the content and operation of this website.
10. Links to Other Sites: For your convenience and enjoyment, this website may provide links to other websites on the World Wide Web that are not operated by By Humankind. These links do not mean that By Humankind endorses, approves or sponsors any information available at the linked site or any products that may be sold there, nor is By Humankind liable for any damage that might result from your use of such information or products.
11. Contents of the Website – Disclaimer: The materials in this website (including any graphics, software, recommendations or other materials) and any materials made available through this website are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, By Humankind disclaims all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-¬-infringement. By Humankind does not warrant or make any representations regarding the use or the results of the use of the materials in this website in terms of their correctness, accuracy, reliability, or otherwise. The materials in this website could include technical inaccuracies or typographical errors. These materials could be inaccurate or become inaccurate as a result of developments occurring after their respective dates. By Humankind undertakes no obligation to verify or maintain the currency of such information. Certain links in this website may link you to other sites on the worldwide web. The linked sites may not be under the control of By Humankind and By Humankind is in any event not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. By Humankind is not responsible for webcasting or any other form of transmission received from any linked site. By Humankind is providing these links to you only as a convenience, and the inclusion of any link does not imply a referral by By Humankind to, or an endorsement by By Humankind of, the linked site or any products or services which may be offered there.
12. Operation of the Website – Disclaimer: By Humankind endeavors to maintain this website and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in the website or its operation. As to the operation of the website, By Humankind expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-¬-infringement. By Humankind makes no warranty that (i) the operation of the website will meet the user’s requirements; (ii) access to the website will be uninterrupted, timely, secure, free of viruses, worms, trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the website will be accurate or reliable; or (iv) defects will be corrected. You (and not By Humankind) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this website.
13. Limitation of Liability: Under no circumstances shall By Humankind be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use, the website or any materials in this site, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of the website or information available in the website. By Humankind shall not be liable even if By Humankind or a By Humankind authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse or other harmful component.
14. Limitations as to Paragraphs 10, 11, and 12: Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall By Humankind total liability to you for damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this site.
15. Postings: By Humankind may from time to time monitor or review discussions, chats, postings, and other transmissions on this website. However, By Humankind is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transmissions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality or inaccuracy contained in any information transmitted to any such locations on this website. You may not post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. By Humankind will fully cooperate with any law enforcement authorities or court order requesting or directing By Humankind to disclose the identity of anyone posting any such information or materials. By Humankind may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of By Humankind, its customers or the public.
16. Availability of Help: This website may provide a Help file or other instructions for the use of this site. However, you understand that By Humankind is under no obligation to provide any support for the use of the website.
20. Indemnification & Limitations of Liability. You agree to indemnify and hold harmless By Humankind and its respective officers, directors, employees and suppliers, from any claim, demand, action or damage, including reasonable attorneys’ fees, made or incurred by any third party arising out of or related to your use of this website. To the maximum extent permitted by law, none of By Humankind and its respective officers, directors, employees and suppliers shall be liable for any direct, indirect, punitive or consequential damages, or any other damages of any kind, including but not limited to loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption, whether in tort (including without limitation negligence), contract or otherwise, arising out of or in connection with the use of or inability to use this site, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to By Humankind’s records, programs or services. In no event shall the aggregate liability of By Humankind, whether in contract, warranty, or tort (including negligence), product liability, strict liability or other theory, arising out of or relating to the use of this site exceed the purchase price you pay for any goods ordered from the site. You agree to bring any and all actions pertaining to use of this site within one year (or any shorter period of time identified in any applicable statute of limitation) from the date of the accrual of the cause of action, and that actions brought after this date will be barred.
21. Security. This website takes precautions to protect our users’ information. When users submit sensitive information when processing a transaction on the website, their information is protected both online and off-line. When our log in/order form asks users to enter sensitive information (such as a credit card number), that information is encrypted and is protected with encryption software. While on a secure page, such as our order form, the lock icon on the bottom of web browsers becomes locked (as opposed to un-locked, or open, when you are just ‘surfing’). While we use encryption to protect sensitive information online, we also take measures to protect user information off-line. Because our website is an extension of By Humankind, the store and online inventory and customer databases are linked. However, we do not store credit card numbers from online transactions and, at log in, users are offered the option of not having their billing or shipping address details stored in our customer database. If such an option is exercised, those details will remain only on the customer order form, which is necessary to track customer orders. Access to the customer database is limited to those employees with a need to perform specific functions (such as shipping, order transaction, customer service, billing) and each access is password protected. All email communication regarding sales orders will refer to credit card numbers only by their final four digits.