Age Requirements
In order to use the Abbey Dawn online store, you must be at least 13 years of age. If you are under 13 years old, you may not use the Abbey Dawn online store. If you are between the ages of 13 through 17 years old, you may use the Abbey Dawn online store only under the supervision and with the consent of your parent or legal guardian.
Legal Agreement Between You And Abbey Dawn
These Terms of Use constitute a legal agreement between you, the user of the Abbey Dawn web store. You must accept without modification all of the terms, conditions, and notices contained in these Terms of Use in order to access and use the Abbey Dawn Services. If you do not accept these Terms of Use in their entirety, you may not access or use the Abbey Dawn web store.
Modification Of These Terms Of Use
Abbey Dawn may wish to update or change the terms, conditions, from time to time to reflect changes in the Abbey Dawn Services, changes in the laws affecting the Abbey Dawn Services, or for other good reasons. You understand that Abbey Dawn reserves the right to make these changes and that you are responsible for regularly reviewing these Terms of Use, as posted on this Web site. Continued access to or use of the Abbey Dawn Services after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the Abbey Dawn Services shall be subject to the Terms of Use, as modified from time to time.
Abbey Dawn ID
Making a purchase through the Abbey Dawn online store Web Site, or registering as a user of the Abbey Dawn online store Web Site will automatically register you registered as a user of Abbey Dawn. You consent to such automatic registration, and you agree to fully comply with the Abbey Dawn online store Web Site Terms of Use and the Abbey Dawn online store Web Site and Abbey Dawn ID Privacy Statement. The Abbey Dawn online store Web site and Abbey Dawn ID Terms of Use and Privacy Statement are hereby incorporated by reference into these Terms of Use. By agreeing to these Terms of Use, you are also agreeing to the Abbey Dawn online store Web site and Abbey Dawn ID Terms of Use and Privacy Statement. Please carefully review the Abbey Dawn online store Web site and Abbey Dawn ID Terms of Use Privacy Statement. If you do not accept the Abbey Dawn online store Web site and Abbey Dawn ID Terms of User and Privacy Statement in their entirety, you may not access or use the Abbey Dawn Services.
Privacy And Personal Information
You are required to register to use the Abbey Dawn online store Web site and Abbey Dawn Services. To set up an account, you must provide information about yourself and you are required to update this information as necessary in order to keep it current. Additionally, data pertaining to your online transactions, purchase history and usage patterns may be collected, analyzed and stored by the Abbey Dawn online store Web site. Abbey Dawn online store Web site agree that they will only use and/or disclose your personal information in accordance with the terms of the Abbey Dawn online store Web site and Abbey Dawn Privacy Policy. The Privacy Policy is hereby incorporated by reference into these Terms of Use. By agreeing to these Terms of Use, you are also agreeing to the Privacy Policy. Please carefully review the Privacy Policy. If you do not accept the Privacy Policy in its entirety, you may not access or use the Abbey Dawn online store Web site and Abbey Dawn Services. The Privacy Policy shall supersede any conflicting language in these Terms of Use.
Abbey Dawn's E-mail List
By joining Abbey Dawn's email list, you are requesting to receive special Abbey Dawn offers via email. The following terms and conditions apply.
1. At any time, you may request that Abbey Dawn no longer send email messages to you. If you would no longer like to receive email messages from Abbey Dawn, please follow the opt-out link included in the email received from Abbey Dawn.
2. To maximize the benefits of receiving emails from Abbey Dawn, you may be asked to identify yourself when completing transactions at Abbey Dawn's stores and to provide certain identifying information to confirm your interest in the email list. You also may be asked to verify that the information Abbey Dawn has for you is accurate. You hereby agree that Abbey Dawn may ask for this information to attribute your purchases to you and to verify the accuracy of your information. If you so choose, you can elect not to provide this information at any time.
3. You acknowledge that providing information is not required to complete a purchase and that no purchase is necessary to join Abbey Dawn's email list.
4. Abbey Dawn does not buy, rent or sell email names or lists
You Are Responsible For Your Account
You are responsible for maintaining the confidentiality of your password, which is needed to access your account. Furthermore, you are responsible for all activities that occur in your account and you agree to notify Abbey Dawn immediately of any unauthorized use of your account. Abbey Dawn is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.
Personal And Non-Commercial Use Only
You may only use the Abbey Dawn online store Web site for your own personal and non-commercial purposes. Abbey Dawn online store and Abbey Dawn account may only be used by a single user, and you may not allow or permit anyone else to use your Abbey Dawn online store Abbey Dawn account to access the Abbey Dawn online store. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services that are part of the Abbey Dawn online store and Abbey Dawn Services except as expressly provided in these Terms of Use.
Prohibited Uses
You agree that you will not: (1) use the Abbey Dawn online store Web site and Abbey Dawn Services for any purpose that is unlawful or contrary to these Terms of Use; (2) use the Abbey Dawn online store Web site and Abbey Dawn Services in any manner that could damage, disable, overburden, or impair the Abbey Dawn online store Web site and Abbey Dawn Services or interfere with any other party's use and enjoyment of them; (3) attempt to gain unauthorized access to any Abbey Dawn or Abbey Dawn account, computer systems or networks associated with the Abbey Dawn online store Web site and Abbey Dawn Services; or (4) obtain or attempt to obtain any materials or information through the Abbey Dawn online store Web site and Abbey Dawn Services by any means not intentionally made available or provided for.
Purchasing Terms
You may make various purchases in the course of using the Abbey Dawn online store Web site and Abbey Dawn Services. You agree to fully comply with the Abbey Dawn online store Web site and Abbey Dawn Purchasing Terms. The Purchasing Terms are hereby incorporated by reference into these Terms of Use. By agreeing to these Terms of Use, you are also agreeing to the Purchasing Terms. Please carefully review the Purchasing Terms. If you do not accept the Purchasing Terms in their entirety, you may not access or use the Abbey Dawn online store Web site and Abbey Dawn Services.
Your Feedback and Suggestions Submitted To Abbey Dawn.
Abbey Dawn wants your voluntary feedback and suggestions on the Abbey Dawn online store web site so that we can continually improve the services for you and other customers. When you submit feedback and suggestions, please understand that Abbey Dawn need to have full rights to use your feedback and suggestions without any encumbrances. In particular, you understand and agree that by submitting any feedback or suggestions to Abbey Dawn, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting Abbey Dawn and their affiliated companies permission to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such feedback or suggestions, and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the feedback or suggestions. These grants include the right to exploit any proprietary rights in such feedback or suggestions, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. No compensation will be paid with respect to Abbey Dawn's use of the materials contained within such feedback or suggestions. Abbey Dawn are under no obligation to post or use any materials you may provide and may remove such materials at any time at Abbey Dawn's sole discretion. This section is not applicable to any personally identifiable information that you provide in connection with your registration for the Abbey Dawn online store Web site, or to any data pertaining to your online transactions, purchase history or usage patterns. For terms and conditions governing the use of such information and data, please refer to the Abbey Dawn online store Web site and Abbey Dawn Privacy Policy.
Your Photos, Artwork, Sound Recordings and other Materials Submitted to Abbey Dawn and Abbey Dawn
By submitting text, photos, artwork, sound recordings, software, data, or any other materials ("Your Materials"), you are giving us permission, in perpetuity, on a no-charge basis, to use the Your Materials in connection with the Abbey Dawn online store Web Site, any advertisements and promotions, and for any other purpose for which Abbey Dawn choose to use the Your Materials. In particular, you understand and agree that by submitting any Your Materials to Abbey Dawn online store Web site, you warrant and represent that you own or otherwise control the rights necessary to do so and you are granting Abbey Dawn and their affiliated companies permission to use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sublicense, create derivative works from, transfer, or sell any such Your Materials, and to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the Your Materials. These grants include the right to exploit any proprietary rights in such Your Materials, including rights under copyright, trademark, service mark or patent laws in any relevant jurisdiction. No compensation will be paid with respect to Abbey Dawn's use of the Your Materials. Abbey Dawn are under no obligation to post or use any Your Materials you may provide and may remove such Materials at any time at Abbey Dawn's sole discretion. You certify and warrant that any Your Materials you submit is your original work and does not infringe any copyright or intellectual property right, and has never been copyrighted or, if copyrighted, that you are the sole copyright owner. This section is not applicable to any personally identifiable information that you provide in connection with your registration for the Abbey Dawn online store Web site, or to any data pertaining to your online transactions, purchase history or usage patterns. For terms and conditions governing the use of such information and data, please refer to the Abbey Dawn online store Web site and Abbey Dawn Privacy Policy.
Content Available on the Abbey Dawn online store Web site and Abbey Dawn Services
The Abbey Dawn online store Web site and all the content offered through it, including, but not limited to, text, photos, graphics, audio clips, video clips, other music and video files and everything else you see and hear through the Abbey Dawn online store Web site and Abbey Dawn Services (all of these things are commonly referred to as "Content") are owned exclusively by Abbey Dawn. The Content is therefore protected by copyrights, trade secrets, or other proprietary rights which means that you and others using the Abbey Dawn online store Web site are not permitted to use the Content (and that includes modifying, copying, downloading, uploading or distributing the Content) except as outlined in this Terms of Use. You are authorized only to make personal, noncommercial use of the Content. All rights not expressly granted to you in this Terms of Use are reserved by Abbey Dawn (or its licensors as the case may be). Also, any of the names and logos (which are commonly referred to as "Trademarks") that appear on the Abbey Dawn online store Web site are owned by Abbey Dawn or others that have licensed their use to Abbey Dawn. The Trademarks may not be used in any manner without the prior permission of the owners. You understand that any unauthorized use of the Trademarks or Content would result in irreparable injury to Abbey Dawn for which money damages would be inadequate and in such event Abbey Dawn will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
Software Available on the Abbey Dawn online store Web site and Abbey Dawn Services
All software (if any) that is made available to view and/or download from the Abbey Dawn online store Web site ("Software") is owned by and is the copyrighted work of Abbey Dawn and/or its suppliers or affiliates. Your use of the Software is governed by the terms of the license agreement, if any, that accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, Abbey Dawn hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the Abbey Dawn Services in accordance with these Terms of Use, and for no other purpose, provided that you keep intact all copyright and other proprietary notices. All Software is owned by Abbey Dawn and/or its suppliers or affiliates and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the United States of America. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to United States of America export restrictions. You understand that any unauthorized use of the Software would result in irreparable injury to Abbey Dawn for which money damages would be inadequate and in such event Abbey Dawn will have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief to prevent any such unauthorized use.
Policy on Emailing, Blogging, Chatting
The Abbey Dawn online store Web site and Abbey Dawn Services may include use of an email or blog hosting account or emailing, blogging, (individually and collectively "Email/Blog."). Your use of the Email/Blog is subject to these Terms of Use.
You understand that Abbey Dawn are not obligated to provide any assistance, including any technical or customer support, in connection with the use of any Email/Blog, and that your use of the Email/Blog is at your own risk. Any and all Email/Blog are provided "AS IS" and "AS AVAILABLE" and no warranties are provided, except as required by law. SPECIFICALLY, THE WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED.
Abbey Dawn is in no way liable for any claims arising from your use of any Email/Blog. As a condition of your use, you agree to indemnify Abbey Dawn for all claims relating to your use, reproduction of, and/or receipt or distribution of content through the Email/Blog. Abbey Dawn reserve the right, in their sole discretion and at any time: to modify or discontinue the Email/Blog : to limit, terminate or suspend your use of the Email/Blog; and to assess charges for the use of the Email/Blog in the future.
Warranty Disclaimer
ABBEY DAWN AND ITS RESPECTIVE SUPPLIERS AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTY ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS AND SOUND RECORDINGS CONTAINED ON OR OBTAINED THROUGH THE ABBEY DAWN ONLINE STORE WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS AND SOUND RECORDINGS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. ABBEY DAWN AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS AND SOUND RECORDINGS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Limitation of Liability
IN NO EVENT SHALL ABBEY DAWN AND ITS SUPPLIERS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE ABBEY DAWN ONLINE WEBSITE STORE, WITH THE DELAY OR INABILITY TO USE THE ABBEY DAWN ONLINE WEBSITE STORE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE ABBEY DAWN ONLINE WEBSITE STORE, OR OTHERWISE ARISING OUT OF THE USE OF THE ABBEY DAWN ONLINE WEBSITE STORE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ABBEY DAWN OR ANY OF ITS SUPPLIERS OR AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ABBEY DAWN ONLINE WEBSITE STORE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ABBEY DAWN ONLINE WEBSITE WEBSTORE. In no event will Abbey Dawn's liability for any damages, losses and causes of actions whether in contract or tort (including negligence or otherwise) exceed the actual dollar amount paid by you for the Abbey Dawn Service which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.
Typographical Errors
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our vendors, Abbey Dawn shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Abbey Dawn shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Abbey Dawn shall immediately issue a credit to your credit card account in the amount of the charge, this process takes 3-4 days to show up in your account.
Customer Support
Abbey Dawn may provide information about how to use the Abbey Dawn online store Web site and Abbey Dawn Services. If you have any questions about the Abbey Dawn online store Web Site and Abbey Dawn Services or any problems that you would like to report, please submit your question to customer support at
Info@abbeydawn.com
Termination And Restriction Of Access
Abbey Dawn reserve the right, in their sole discretion, to terminate your access to the Abbey Dawn online store Web site or any portion thereof at any time, without notice. Abbey Dawn may also terminate or suspend your access to the Abbey Dawn online store Web site for breach of this Terms of Use.
General
The laws of the State of California, U.S.A, govern these Terms of Use. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in San Francisco, California, U.S.A. in all disputes arising out of or relating to the use of the Abbey Dawn online store website. Abbey Dawn makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Abbey Dawn as a result of these Terms of Use or use of the Abbey Dawn online store Web site. Abbey Dawn may assign these Terms of Use, in whole or in part, at any time. Abbey Dawn's performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of Abbey Dawn's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Abbey Dawn online store Web site, or information provided to or gathered by Abbey Dawn with respect to such use. You agree to indemnify and hold Abbey Dawn, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the Abbey Dawn Services. If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. These Terms of Use (including the documents expressly incorporated herein by reference; namely, the Privacy Policy, the Purchasing Terms, the Abbey Dawn ID Terms of Use and the Abbey Dawn ID Privacy Statement) constitute the entire agreement between you and Abbey Dawn and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Abbey Dawn. A printed version of these Terms of Use and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.