Terms and ConditionsAttention Customers Outside the U.S.:
By agreeing with the Terms and Conditions, you acknowledge your responsibility for paying any costs associated with importing your order, including any taxes, fees and/or duties, in addition to the shipping charge. Import fees will be billed to you by FedEx, a FedEx subsidiary, or any 3rd party contractor fulfilling your shipment. The listed shipping cost covers the cost of shipping and brokerage only. Please note that all sales are final, and we do not offer exchanges or refunds for international orders, including orders for which you are unable or unwilling to pay the additional duties and taxes which your government requires.international orders.
Please read this Agreement carefully before accessing the Website. By accessing the Website, Visitors agree to be bound by the terms and conditions set forth in this Agreement. If Visitors do not wish to be bound by this Agreement, they are not authorized to use this Website.
Araca Merch reserves the right to modify this Agreement at any time. You agree to review the Agreement periodically to be aware of such modifications and that your continued use of the Website shall be deemed to be your conclusive acceptance of any modified Agreement.
1.1 Capacity. Visitors must register as a Registrant in order to make use of certain features offered through the Website, as described herein. By clicking on the "I Accept" button, each Registrant acknowledges that such Registrant is at least eighteen (18) years of age and has read, agrees with and accepts to be bound by the terms and conditions set forth in this Agreement. Failure to click the "I Accept" button will prevent an individual from becoming a Registrant.
1.2 Accurate Information. Registrants agree to provide us with accurate, complete and current information during registration, and to update information provided to us if and when such information should change.
1.3 Registrant Profile; Password. Registrants will receive a user ID and password (“Profile”). Registrants agree not to allow any third party to use their Profile to access the Website and to safeguard the information that would allow another person or entity to access the Website by using their Profile. Registrants agree to be responsible for their failure to safeguard such information and/or to allow any other person or entity to access or use the Website by using their Profile. No part of a Profile may be transferred or sold to another party. Registrants agree to notify Araca Merch immediately of any unauthorized use of their Profile or the Website. Registrants and Visitors agree that Araca Merch shall not be liable for any loss that results from the unauthorized use of a Registrant’s Profile, either with or without such Registrant’s knowledge.
1.4 Revocation of Registration. Registrants agree that Araca Merch has the right to cancel their registration for any reason at any time, in our sole discretion. The revocation of a Registrant’s registration shall result in the loss of access to portions of the Website accessible by Registrants, and Registrants agree that Araca Merch shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, to protect our interests.
1.5 Charges. While use of the Website is currently free of charge, you acknowledge that we may, in our sole discretion, decide at any time to charge for such access and for our services.
2.1 Content. Araca Merch offers Registrants the opportunity to post text, comments, messages and other content (“Content”) to the Website about items offered for sale by Araca Merch. None of the Content posted by Registrants (“Registrant Content”) shall be subject to any obligation on Araca Merch’s part, whether of confidentiality, attribution, or otherwise, and Araca Merch shall not be liable for any use or disclosure of any such Content. Content posted to the Website may be subject to size and usage limitations, and Registrants are responsible for adhering to such limitations.
2.2 Restrictions. By posting Content to the Website, Registrants warrant and represent that (i) they own the proprietary rights to any Content posted by them to the Website, or (ii) they have obtained prior written consent from the owner of proprietary rights to any Content posted by them on the Website. By posting Content on the Website, Registrants also warrant and represent that any such Content does and will not infringe any party’s proprietary, publicity, privacy, or other rights and that such Content is and will not be defamatory or libelous. Furthermore, Registrants agree not to post or otherwise submit to the Website any Content that:
(a) is fraudulent;
(b) is designed to interrupt, or destroys or limits the functionality of, any computer software or hardware or telecommunications equipment;
(c) interferes with or disrupts the Website, services connected to the Website, or otherwise interferes with operations or services of this Website in any way;
(d) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; including the promoting of an illegal or unauthorized copy of another person's copyrighted work;
(e) is patently offensive to the Website community or to us, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(f) harasses or harms, or advocates the harassment or harming of another person;
(g) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming", or solicits personally identifiable information (“PII”) from other Registrants or Visitors;
(h) promotes information that is false or misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(i) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
(j) displays pornographic or sexually explicit material of any kind;
(k) causes us to lose (in whole or part) the services of our ISPs or other suppliers;
(l) links to materials or other content, directly or indirectly, to the Registrant posting such material does not have a right to link;
(m) encourages others to violate this Agreement; or
(n) violates any applicable local, state, national, or international law.
2.3 Quality and Review of Content.
Araca Merch does not, and you agree that Araca Merch has no obligation to, review Registrant Content, and therefore we do not guarantee the accuracy, integrity or quality of such Registrant Content and we cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Content will not appear on the Website. However, you acknowledge and agree that we have the absolute right to monitor all Registrant Content in our sole discretion. In addition, we reserve the right to alter, edit, refuse to post or remove any Registrant Content, in whole or in part, for any reason or for no reason, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, Registrants, Visitors or service providers. You agree that we do not have any obligation to use or respond to any Registrant Content. You agree that you shall immediately notify Araca Merch in writing of any objectionable Content appearing on the Website.
2.4 Use. Except for Registrant Content posted by you, you may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works of, transmit, sell, or in any way exploit any portion of the Website, except that you may download Content from the Website as machine readable copies and/or print copies of any web page, provided that such copies will be used for your own personal (non-commercial) use and not for the purposes of competing in any manner with the Website or Araca Merch.
2.5 Grant of License to Registrant Content. By posting Registrant Content to the Website or by otherwise submitting Content to us, Registrants automatically grant, and represent and warrant that they have the right to grant to Araca Merch, a non-exclusive, perpetual, irrevocable, sublicensable (through multiple tiers), assignable, fully paid, royalty free, worldwide license to use, copy, modify, adapt, publish, make, sell, create derivative works of or incorporate into other works such Content, derive revenue or other remuneration from, communicate to the public, distribute (through multiple tiers), perform or display such Content (in whole or in part) and/or to incorporate such Content in other works in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing through multiple tiers of sublicensees, including the right to exercise the copyright, publicity, and any other rights over any of the materials contained in such Content for any purpose, including for purposes of advertising and publicity on the Website and elsewhere. Araca Merch shall not be limited in any way in its use, commercial or otherwise, of any Content posted by Registrants appearing on the Website. Registrants hereby waive any moral rights in, or approval rights to, such Content. Further, we have the explicit right to incorporate any Content posted or otherwise conveyed by any Registrant to this Website into any further work, in any medium, without prior consent or review, and without payment of any royalty or fee whatsoever.
3.1 Purchases. Certain products are offered for sale through the Website. In the event you wish to purchase any of these products, you will be asked by Araca Merch or an authorized third party on Araca Merch’s behalf to supply certain PII, including without limitation, your full name, address and credit card information. You agree to provide Araca Merch or such third party with accurate, complete and current information at all times, and to comply with the terms and conditions of any ancillary agreement that you may enter into which governs your purchase of such product or service. You shall be responsible for all charges incurred through your account as well as for paying any applicable taxes.
3.2 Payment. Your right to any product that is available for purchase through the Website is conditional on our receipt of the appropriate payment for such product. If such payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, you agree that we reserve the right to cancel your order and/or suspend or terminate your account, in which case this Agreement and all of our obligations hereunder shall terminate.
3.3 Risk of Loss. All items purchased from us are made pursuant to a shipment contract entered into when you order products offered through the Website. The risk of loss and title to such products pass to you upon our delivery of such products to the shipping carrier.
3.4 Product Descriptions. We attempt to be as accurate as possible in describing products offered for purchase through the Website; however, we do not warrant that all such descriptions are correct, accurate, complete, reliable, current or error-free. Furthermore, we do not warrant that any Registrant Content describing products appearing on the Website is correct, accurate, complete, reliable, current or error-free. Please do not rely on such Content in determining whether to purchase a particular item. If a product offered through the Website is not as described by us, your sole remedy is to return it unused as in accordance with Section 3.5.
3.5 Returns. If you have purchased a product offered through the Website that you wish to return to us, please email us at firstname.lastname@example.org.
4.1 Copyright. Except for Registrant Content, any Content appearing on the Website is the property of Araca Merch or its licensors or suppliers and is protected by copyright under the copyright laws of the United States and other countries. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, broadcast, circulate, display or in any way exploit any Content (including any copyrighted material, trademarks, or other proprietary information), in whole or in part, whether by e-mail or by any other means, for any purpose other than for your personal, non-commercial use.
4.2 Trademarks. Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Website are trademarks of Araca Merch or its licensors or suppliers (collectively, the “Trademarks”) and are protected by the trademark laws of the United States and other jurisdictions. You may not use, copy, reproduce, republish, distribute, modify or post any Trademarks in any way, including in advertising or publicity pertaining to or distribution of materials on the Website, without our prior written consent. The Trademarks may not be used in any manner that is likely to cause confusion, or in any manner that disparages or discredits Araca Merch.
4.3 Copyright Agent. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our copyright agent with the following information: an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and e-mail address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Araca Merch actual knowledge of facts or circumstances from which infringing material or acts are evident. Araca Merch's copyright agent for notice of claims of copyright infringement can be reached as follows:
Attn: Copyright Agent
The Araca Group
545 W 45th Street, 10th Floor
New York, NY 10036
We suggest that you consult your legal advisor before filing a notice with Araca Merch’s copyright agent. You should note that there can be penalties for false claims under the DMCA.
Araca Merch and/or third parties may provide links to other websites of possible interest to you. Because we have no control over such websites, you acknowledge and agree that we are not responsible for the availability of such websites and do not endorse and are not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites. You also acknowledge and agree that Araca Merch shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from such websites. All such websites shall be subject to the policies and procedures of the owner of such websites.
DISCLAIMER OF WARRANTIES. REGISTRANTS AND VISITORS ACKNOWLEDGE AND AGREE THAT THEIR USE OF THE WEBSITE IS AT THEIR SOLE RISK. ARACA MERCH MAKES NO GUARANTY AS TO THE ACCURACY, CORRECTNESS OR COMPLETENESS OF: (I) ANY CONTENT (INCLUDING WITHOUT LIMITATION REGISTRANT CONTENT AND PRODUCT DESCRIPTIONS AND/OR PRICING) APPEARING ON THE WEBSITE, AND IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS ARISING FROM THE USE OF ANY CONTENT THEREOF; (II) ANY FAILURES, DELAYS OR INTERRUPTIONS WITH RESPECT TO THE ORDERING OF AND DELIVERY OF PRODUCTS ORDERED BY YOU; (III) LOSSES OR DAMAGES ARISING FROM THE USE OF CONTENT (INCLUDING REGISTRANT CONTENT) APPEARING ON THE WEBSITE; (IV) ANY CONDUCT BY REGISTRANTS OR VISITORS; OR (V) ANY PRODUCTS PROVIDED THROUGH OR IN CONJUNCTION WITH THE WEBSITE. ALL PRODUCTS ORDERED THROUGH THE WEBSITE ARE ACQUIRED BY YOU “AS IS” AND “WHERE IS”. EXCEPT AS EXPRESSLY PROVIDED HEREIN, ARACA MERCH MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND TO YOU, EITHER EXPRESS OR IMPLIED. SPECIFICALLY, ARACA MERCH DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
7. LIMITATION OF LIABILITY.
7.1 IN NO EVENT SHALL ARACA MERCH BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENCIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY PRODUCTS ACQUIRED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION FOR LOST PROFITS OR BUSINESS, OR ANTICIPATED LOST PROFITS OR BUSINESS, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. ARACA MERCH’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (I) THE CUMULATIVE AMOUNT PAID BY YOU FOR THE PRODUCTS ACQUIRED THROUGH THE WEBSITE BY YOU WHICH GIVE RISE TO YOUR CLAIM, OR (II) $100.
7.2 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 6 OR 7 HEREOF MAY NOT APPLY TO YOU.
Indemnification. You agree to indemnify, defend and hold Araca Merch harmless from any claim, expense or demand, including without limitation reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party. You agree that under no circumstances will Araca Merch be liable in any way for the accuracy, reliability, or quality of any Registrant Content, and that each Registrant shall hold Araca Merch harmless for (i) any errors or omissions in Content posted by such Registrant, or (ii) any loss or damage of any kind incurred as a result of the use of Content posted by such Registrant.
Third Parties. Your participation, correspondence or business dealings with any third party found on or through the Website, regarding payment and delivery of specific products, and any other terms, conditions, representations or warranties associated with such dealings, are solely between you and such third party. You agree that Araca Merch shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as the result of such dealings.
Commercial Use. You acknowledge and agree that the Website is for the personal use of Registrants and Visitors only and may not be used by you directly or indirectly in connection with any commercial endeavors.
No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and Araca Merch by this Agreement.
Notices. Except as provided in the following sentence, all notices hereunder shall be given by certified mail, postage prepaid and return receipt requested, to: Araca Merchandise LP, 545 West 45th Street, Floor 10, New York, NY 10036, Attention: Mike Rego, and to a Registrant at the address listed in such Registrant’s Profile. Notice shall be deemed given three (3) days after the date of the mailing.
Governing Law. You acknowledge and agree that this Agreement shall be governed by and construed in accordance with the laws of the State of New York, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts of New York. You agree to receive service of process through certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
General. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement may be automatically assigned by Araca Merch, in its sole discretion, to a third party. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The provisions of this Agreement will survive termination or expiration to the extent necessary to carry out the intentions of the parties.
Contact Us. If you have any questions or concerns regarding the Website, please contact us by e-mail at email@example.com or write to us at Araca Merchandise LP, 545 West 45th Street, Floor 10, New York, NY 10036.