TERMS & CONDITIONS
1. GENERAL
These General Terms and Conditions of use are entered into by and between you and Midnight On Willoughby, LLC (Midnight On Willoughby). In consideration of your use of and access to Midnight On Willoughby website and the promises and obligations herein, and intending to be legally bound, you hereby agree that your access to and use of the Midnight On Willoughby website is subject to these terms and all applicable laws and regulations. BY USING THIS WEBSITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. Midnight On Willoughby provides information concerning various products and services and the opportunity to obtain additional information concerning the products and services or to purchase them. These Terms and the information provided by Midnight On Willoughby in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein.
2. CHANGES IN TERMS
Midnight On Willoughby has the rights at any time without prior notice to revise these terms or to impose news terms and conditions regarding access to Midnight On Willoughby website. Such revisions will be effective immediately. Any changes to the terms will be posted on Midnight On Willoughby website. You are responsible for reviewing the Terms periodically for any modification that may affect your rights or obligations hereunder.
3. TERMINATION
Midnight On Willoughby reserves the right to immediately terminate this agreement and/or your access to and use of the Midnight On Willoughby website at any time and for any reason, with or without cause. Upon termination of this agreement, your right to use the Midnight On Willoughby website shall immediately cease.
4. COMPLIANCE WITH LAWS
You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of Midnight On Willoughby website and your purchase of items from Midnight On Willoughby (if applicable).
5. CONTENT
All design featured on Midnight On Willoughby website, including logos, illustrations, descriptions, data, and other material, as well as the selection, assembly and arrangement thereof, are referred to collectively as the “Content,” and are copyrights, trademarks, and/or intellectual property that are owned, controlled, or licensed by Midnight On Willoughby. This website in its entirety is protected by copyright. The Content may contain errors, omissions, or typographical errors or may be out of date. Midnight On Willoughby may change, delete, or update any content at any time and without prior notice. You may view and use the content only for your personal, noncommercial use, and for shopping and ordering on Midnight On Willoughby website, and for no other purpose, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, Midnight On Willoughby does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the content on or transmitted through the Midnight On Willoughby website, including without limitation by transferring, downloading or otherwise copying any content onto any disk drive or other storage medium. Any use of the content, except as specifically permitted in these Terms is not permitted.
6. LINKED TO THIRD PARTY SITES
Midnight On Willoughby is not responsible for the accuracy, relevance, timeliness, or completeness of third party websites. The inclusion of any link to such websites does not imply endorsement or recommendation by Midnight On Willoughby. Midnight On Willoughby disclaims any liability for links from another website to this website or to another website from this website. Midnight On Willoughby cannot guarantee the standards of any website to which links are provided on midnightonwilloughby.com, nor shall Midnight On Willoughby be held responsible for the contents of those websites, or any subsequent links. For this reason, Midnight On Willoughby does not represent or warrant that the contents of any third-party website is accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws.
7. PRICES
All prices displayed on Midnight On Willoughby website are quoted in U.S. Dollars. Midnight On Willoughby may restrict delivery to addresses within certain countries. Midnight On Willoughby will add shipping and handling fees and applicable sales/use tax as necessary. Midnight On Willoughby reserves the right without prior notice to discontinue or change specifications and prices on products and services offered on the website. Products displayed on Midnight On Willoughby website are available while stocks last. Prior to acceptance of an order, verification of information may be required. Midnight On Willoughby reserves the right at any time after receipt of your order to accept or decline your order, or any portion thereof, even after your receipt of an order confirmation for any reason. Midnight On Willoughby reserves the right to limit the order quantity on any item and to refuse service to any customer without prior notification. In the event that a product or service is listed at an incorrect price due to supplier pricing information or typographical error, Midnight On Willoughby shall have the right to refuse or cancel orders placed at the incorrect price, regardless of whether 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, Midnight On Willoughby will issue a credit to your credit card account.
8. REGISTRATION
Some areas of Midnight On Willoughby website may require registration. By registering you agree to provide true, accurate, current and complete information about yourself. Midnight On Willoughby’s practices governing your personal information are disclosed in our Privacy Policy. If you register with Midnight On Willoughby website, you agree to accept responsibility for all activities that occur under your account or password and agree you will not sell, transfer or assign your registration or any rights associated with your registration. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access the password protected portions of Midnight On Willoughby website using your credentials. Midnight On Willoughby may and at any time, with or without notice, terminate your password and registration.
9. DISCLAIMER
Midnight On Willoughby MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO Midnight On Willoughby WEBSITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE CONTENT, INFORMATION AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, INFORMATION AND MATERIALS. Midnight On Willoughby ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR — USE OF THE WEBSITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT Midnight On Willoughby OR ANY LINKED SITE IS FREE OF COMPUTER VIR– USES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED TO — USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, ACCURACY, COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF Midnight On Willoughby WEBSITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
10. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Midnight On Willoughby, EMPLOYEES OR AGENTS, DIRECTORS, OFFICERS, AGENTS, ITS SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS AND BUSINESS INTERRUPTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT OR SERVICE SOLD OR PROVIDED ON Midnight On Willoughby WEBSITE, EVEN IF Midnight On Willoughby IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Midnight On Willoughby’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM.
11. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Midnight On Willoughby against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of or relating to (i) your violation of these Terms, (ii) any allegation that any information on material (including any Creative Ideas) submitted by you violates any intellectual property rights of any third party, or (iii) any activity related to your account.
12. GOVERNING LAW
This agreement is governed by and construed in accordance with the laws of the State of New York, U.S.A., without regards to conflicts of laws principles. You agree to submit to the exclusive jurisdiction of any state or federal court located in the State of New York, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.