YANKEE PEDDLER | TERMS AND CONDITIONS OF SERVICE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS (AND ALL YANKEE PEDDLER) WEBSITES. YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.
THESE TERMS AND CONDITIONS MAY BE REVISED AT ANY TIME AND FROM TIME TO TIME BY UPDATING THIS POSTING. YOU SHOULD VISIT THIS PAGE FROM TIME TO TIME TO REVIEW THE THEN CURRENT TERMS AND CONDITIONS BECAUSE THEY ARE BINDING ON YOU. CERTAIN PROVISIONS OF THESE TERMS AND CONDITIONS MAY BE SUPERSEDED BY LEGAL NOTICES OR TERMS LOCATED ON PARTICULAR PAGES OF THIS WEBSITE.
Yankee Peddler, Inc. (“Yankee Peddler,” “us,” “our” or “we”) is a California corporation that: creates, produces and distributes entertainment content to the general public via the Yankee Peddler Sites and the Yankee Peddler Services as defined below.
SPECIFICATIONS AND PRICING:
All features, content, specifications, products and prices of products and services described or depicted on all Yankee Peddler website(s) including, www.yankeepeddler.tv, www.pillowcapers.com, yankeepeddlerbooks.com; are subject to change at any time without notice. Yankee Peddler, Inc. makes all reasonable efforts to accurately display the attributes of our products and services. The inclusion of any products or services on this Web Site at a particular time does not imply or warrant that these products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item, product, feature or service from this Website. By working with, interacting or placing an order, you represent that you are behaving only in a lawful manner.
ACCURACY OF INFORMATION:
We attempt to ensure that the information on this Web Site is complete, accurate and current. Despite our best efforts, the information on this Web Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currentness of any information on this Web Site. For example, products included on this Web Site may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on this Website. In addition, we may make changes in information about price and availability without notice. While it is our practice to confirm any requests or orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product of service. We reserve the right, without prior notice, to limit the order quantity on any product or service and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order.
WEB SITE PERFORMANCE:
User acknowledges and agrees that the operation of the Yankee Peddler Web Site(s) may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and Yankee Peddler shall not be responsible to User or others for any such interruptions, errors or problems or an outright discontinuance of the Yankee Peddler service. There is no assurances whatsoever that any of the User Materials or any part or element thereof shall actually be utilized on any of the Yankee Peddler Web Site(s) or if so utilized continue to be available for any particular time. Yankee Peddler has the right, with sole and absolute discretion, to remove from the Yankee Peddler Web Sites at any time the User Materials or Content or any part thereof and/or to revoke any sublicense granted by Yankee Peddler to any affiliate or unaffiliated third party. User acknowledges that User is solely responsible for all content submitted to the Yankee Peddler Web Sites. The Yankee Peddler Web Sites may be discontinued at any time, with or without reason and without any liability to User(s) or to any third party for any modification or discontinuance of the Yankee Peddler Content, Yankee Peddler Products or Yankee Peddler Service(s).
USE OF THIS WEBSITE:
The design of this Web Site and all text, graphics, information, content and other materials displayed on or that can be downloaded from this Web Site are protected by copyright, trademark and other laws and may not be used except as permitted in these Terms and Conditions or without prior written permission of the owners of such material. You may not modify the information or materials displayed on or that can be downloaded from this Web Site in any way or reproduce or publicly display, perform, or distribute or otherwise use any information or materials for any public or commercial purposes. The unauthorized use of any such information or materials may violate copyright laws, trademark laws, laws of privacy and publicity, and other laws and regulations.
Certain trademarks, trade names, service marks and logos used or displayed on this Web Site are registered and unregistered trademarks, trade names and service marks of Yankee Peddler, Inc or its affiliates. Other trademarks, trade names and service marks used or displayed on this WebSite are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this Web Site grants or should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Web Site without the written permission of Yankee Peddler or such other owner.
Apple and the Apple logo, iPad, and iPhone are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc.
LINKING TO THIS WEB SITE:
Creating or maintaing any link from another website to any page on this Web Site without our prior written permission is prohibited. Running or displaying this Web Site or any information or material displayed on this Web Site in frames or through similar means on another Web Site without our prior written permission is prohibited. Any permitted links to this Web Site must comply with all applicable laws, rules and regulations.
THIRD PARTY CONTENT & SITES:
THIRD PARTY LINKS:
This Web Site may contain links to Web Sites that are not owned, operated or controlled by Yankee Peddler or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave this Web Site. Neither we nor any of our affiliates are responsible for any content, materials or other information located on or accessible from any other Web Site. Neither we nor any of our affiliates endorse, guarantee or make any representations or warranties regarding any other web sites , or any content, materials or other information located or accessible from any other web sites, or the results that you may obtain from using other web sites. If you decide to access any other web sites linked to or from this Web Site, you do so entirely at your own risk. This means, among other things, if there is any unauthorized use of your user material by a third party, and not by Yankee Peddler or any of its licensors/ suppliers, you will seek redress from that other person(s) and not from Yankee Peddler or any of its licensors/ suppliers, and that you will not hold Yankee Peddler or any of its licensors/ suppliers responsible or liable for such unauthorized use.
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane materials or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from this Web Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting us to disclose the identity of anyone posting such materials.
Software and content from the Yankee Peddler Web Site(s), (the “Software”, “Content”) is further subject to the United States export controls. No Software or Content may be downloaded from the Yankee Peddler Sites or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading, consuming, purchasing or using the Software or Content, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Yankee Peddler will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any User-Provided Content you submit for any purpose whatsoever, without restriction and without compensating you in any way. Yankee Peddler is and shall be under no obligation (i) to maintain any User-Provided Content in confidence; (ii) to pay to user any compensation for any User-Provided Content; or (iii) to respond to any User-Provided Content. You agree that any User-Provided Content submitted by you to the Web Site(s) will not violate these Terms and Conditions or any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no User-Provided Content submitted by you to the Web Site(s) will contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam.”
Yankee Peddler does not regularly review User-Provided Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User-Provided Content submitted to the Web Site(s). You grant us the right to use the name you submit in connection with any User-Provided Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User-Provided Content you submit. You are and shall remain solely responsible for the content of any User-Provided Content you provide and you agree to indemnify Yankee Peddler and its affiliates for all claims resulting from any User-Provided Content you submit. Yankee Peddler and our affiliates take no responsibility and assume no liability for any User-Provided Content submitted by you or any third party.
Yankee Peddler or any of its employees, officers, agents or affiliates, do not accept, review or consider unsolicited creative material of any kind, including, but not limited to, any ideas, concepts, pitches, suggestions, stories, scripts, treatments, formats, artwork, photographs, drawing, videos, reels, audiovisual works, musical compositions (including lyrics), sound recordings, characters, product enhancements, processes, marketing plans, new product names and/ or similar works (collectively, “Unsolicited Material”). Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“submissions”) in any form to Yankee Peddler or any of its employees or affiliates. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Yankee Peddler’s products, stories, characters, or strategies might seem similar to ideas submitted to Yankee Peddler. If, despite our request that you not send us your ideas or unsolicited materials, you still submit them, then regardless of what your letter says, the following terms shall apply to your submission.
TERMS OF IDEA SUBMISSION:
You agree that (i) your submissions and their content will automatically become the property of Yankee Peddler, without any compensation to you; (ii) Yankee Peddler may use or redistribute the submissions and their content for any purpose and in any way; (iii) Yankee Peddler will have unfettered right to the Unsolicited Material throughout the universe in perpetuity, without any credit, compensation, or notice to you, to use, reuse, modify, alter, display, archive, publish, license, perform, reproduce, disclose, transmit, publish, broadcast, post, sell, translate, create derivative works of or distribute in all media formats now or known or hereafter devised for any purpose whatsoever, commercial or otherwise; (iv) you hereby waive any moral rights you may have in and to any of your Unsolicited Material, even if such material is altered or changed in a manner not agreeable to you; (v) there is no obligation for Yankee Peddler to review the submission; (vi) there is no obligation to keep any submissions confidential; and (vii) you wave the right to make any claim against Yankee Peddler or its affiliates relating to or arising out of Yankee Peddler’s actual or alleged exploitation or use of any Unsolicited Material. Any feedback you provide on the Yankee Peddler Web Site(s) shall be deemed non-confidential and Yankee Peddler shall be free to use such information on an unrestricted basis.
Procedure for Making and Responding to Claims of Copyright Infringement
It is the policy of Yankee Peddler to respond to Claims of Copyright Infringement. We will promptly process and investigate notices of alleged infringement by third parties and will take action under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512©(2)(The “DMCA”), where applicable.
Pursuant to the DMCA, notifications of claimed copyright infringement by third parties should be sent to our Designated Agent. if you believe that your copyright work has been infringed under U.S. Copyright law and is accessible on this Website, please notify us by contacting our Designated Agent. Even if you believe that the alleged infringing work was not posted by a third party, please send all notifications of claimed copyright infringement to our Designated Agent listed below.
To be effective under the DMCA, notification of claims of copyright infringement by third parties must be a written communication to our Designated Agent that includes the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyright work claimed to have been infringed, or, if multiple copyright works at a 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 the information reasonable sufficient to permit us to locate the material; single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject if infringing activity and that is to be removed or access to which is to be disabled, and the information reasonably sufficient to permit Yankee Peddler to locate the material;
(iv)Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; (v) 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; and (vi) 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.
Our Designated Agent for notice of claims of copyright infringement can be reached as follows:
Hankin Patent Law, A.P.C.
6404 Wilshire Blvd., Suite 1020
Los Angeles, CA 90048
This contact information is only for reporting claims of copyright infringement. Contact information for other matters is provided elsewhere on this Website.
Upon receipt of a valid notification of alleged copyright infringement by a third party, we will remove or disable access to the material identified in the notice, forward the written notification to the alleged intriguer, and take reasonable efforts to notify the alleged intriguer that it has removed or disabled access to this material.
You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for any damages, including costs and attorney fees, incurred by the alleged infringer or by Yankee Peddler, Inc., if injured by relying upon such misrepresentations in removing or disabling access to this material.
If a notice of copyright infringement has been filed against you, you may file a counter notification with the Designated Agent at the address listed above. To be effective, a counter notification must be a written communication to our Designated Agent that includes the following:
(i) A physical or electronic signature; (ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (iii) A statement under perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (iv) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which Yankee Peddler is located and that you will accept service of process from the complainant who provided the original notification or an agent of such person or entity.
If we receive a valid counter notification, we shall provide the complainant with a copy of the counter notification, inform the complainant that it will replace the removed material or cease disabling access to it in 10 to 14 days from the receipt of the counter notification, and replace the removed material or cease disabling access to it in 10 to 14 business days, provided that we have not received notice from the complainant that an action has been filed seeking court order to retrain the alleged infringer from engaging in infringing activity relating to the material on our system.
You should be aware that the DMCA provided substantial penalties for a false counter notice filed in response to a notice of copyright infringement. Claimants who make misrepresentations in their counter notification statement may be liable for any damages, including costs and attorney’ fees, incurred by any copyright owner or copyright owner’s authorized licensee, or by us, Yankee Peddler, Inc., if injured by relying upon such misrepresentation in replacing the removed material or ceasing to disable access to it.
YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER YANKEE PEDDLER NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEB SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEB SITE MAY BE OUT OF DATE, AND NEITHER YANKEE PEDDLER NOR ANY OF OUR AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL OF THE YANKEE PEDDLER WEB SITES AND YANKEE PEDDLER SERVICES AND YANKEE PEDDLER CONTENT ARE PROVIDED ON AS “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
LIMITATIONS OF LIABILITY:
YANKEE PEDDLER ASSUMES NO RESPONSIBILITY AND WILL NOT BE LIABLE FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT, YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSE BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEB SITE, OR YOUR DOWNLOADING ANY INFORMATION OR MATERIALS FROM THIS WEB SITE. IN NO EVENT WILL YANKEE PEDDLER OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, MEMBERS, MANAGERS, REPRESENTATIVES, AFFILIATES, AGENTS, SUCCESSORS, DESIGNEES, LICENSEES, SUBLICENSEES OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEB SITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR OTHER DAMAGES, COSTS AND EXPENSES, INCLUDING ATTORNEY’S FEES, COSTS AND EXPENSES AND COURT COSTS, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULT OF USE OF THIS WEB SITE, ANY WEB SITE LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEB SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICE IN ACCORDANCE WITH THE RETURNS AND REFUND POLICIES POSTED ON THIS WEBSITE OR THROUGH THE COMPANY WITH WHICH YOU PURCHASED THE PRODUCT OR SERVICE.
STATUTE OF LIMITATIONS:
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
CHOICE OF LAW AND JURISDICTION:
These Terms and Conditions supersede any other agreement between you and Yankee Peddler to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief out of or relating to this Web Site(s) will be brought only in the courts of the State of California or the United States District Court for the Southern District of California. The sole venue and jurisdiction for disputes arising from this agreement shall be the appropriate state or federal court located in Los Angeles County, California, and user and Yankee Peddler both irrevocably agree to submit to the jurisdiction of such courts. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
You or we may suspend or terminate your account or your use of this Web Site at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Web Site at any time without notice.
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at: email@example.com
You agree that Yankee Peddler may assign any of its rights and/or transfer, subcontract or delegate any of its obligations under this agreement. This agreement is personal to you and you may not transfer or assign it to a third party.
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
Any rights not expressly granted in this Agreement are reserved to Yankee Peddler, Inc.
Effective Date | October 10, 2013