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TERMS OF USE

Welcome to our website! This website is owned and operated by Randall Apparel, LLC(“we”, “us”, “our”).  These Terms of Use (the “Terms of Use”) contain the terms and provisions applicable to you (a “User”) and your access to and use of http://www.honornyc.com (the “Website”).  Your use of this Website (and any other feature, content or application offered from time to time by the Website) is subject at all times to these Terms of Use (as the same may be modified by us from time to time) and all applicable laws, rules and regulations. Please read these Terms of Use carefully and contact us with any questions. 

1.  ACCEPTANCE OF TERMS

By accessing this Website, you agree that you have read, understand and agree to be legally bound by the terms and conditions set forth below If you do not agree to be bound by these Terms of Use, please do not access or use this Website.  These Terms of Use may be modified, changed or altered by us at any time without prior notice.  In agreeing to these Terms of Use, you are responsible for periodically checking for changes and/or updates to these Terms of Use.  Notwithstanding the foregoing, we will endeavor to notify you of any changes by posting such changes on the Website. Your continued access of the Website after such changes are made conclusively demonstrates your acceptance of such changes. You may request a copy of these Terms of Use by emailing us at studio@honornyc.com.  Please include the subject, “Terms of Use Agreement”. 

In order to participate in certain Website services or promotions, you may be notified by us that you are required to agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to such services or promotions in which you choose to participate, those additional terms are hereby incorporated into these Terms of Use.

2.  USE OF THE WEBSITE

Use of and access to the Website is void where prohibited. By accessing and using the Website, you represent and warrant that (a) any registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Website does not violate any applicable law or regulation. 

3.  PERMITTED USES

This Website is not intended for, and we have no intention of collecting personally identifiable information from, persons under the age of 13. The content and information posted on this Website are provided as information to interested persons and may be used for informational and personal purposes only.  Modification or use of the materials for any other purpose may violate our (or a third party’s) intellectual property rights.  This Website is not intended for commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges.

Material from this Website may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent.  Any unauthorized use or violation of these Terms of Use immediately and automatically terminates your right to use this Website and may subject you to legal liability. You agree not to use the Website for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Website. Appropriate legal action will be taken for any illegal or unauthorized use of the Website. Some examples of unauthorized or illegal use of this Website include, but are not limited to:

1. collecting usernames and/or email addresses of Users for the purpose of sending unsolicited email;

2. the unauthorized framing by you of the Website;

3. criminal or tortious activity, including fraud, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

4. covering or obscuring the banner advertisements on any Website page via HTML/CSS or any other means;

5. any automated use of the system, such as using scripts to alter your content;

6. interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website;

7. attempting to impersonate another User or person;

8. displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Website on behalf of that person, such as placing commercial content on the Website;

9. using the Website in a manner inconsistent with any and all applicable laws and regulations.

4. NO WARRANTY

Your use of the Website is at your sole risk. The content and information posted on the Website is provided to you “as is” without warranties or representations of any kind.  We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Website to the broadest extent permitted by law.  We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness or existence of the content and information posted on the Website.  We make no warranties or representations, express or implied, for technical accessibility, fitness or flawlessness of the Website.  We make no warranties or representations that your use of content and information posted on this Website will not infringe rights of third parties. 

You are not authorized to download any content from the Website. If you download any content from the Website, we will not be responsible in any way for any damage to your computer system or loss of data that results from the download of any such content.

5.  LINKS TO THIRD PARTY SITES; ADVERTISERS

The Website may provide you with links or other access to other websites, services, products or content of third parties.  We have no control over, nor do we endorse any, such websites, services, products or content. You acknowledge and agree that you access such third party websites, services, products or content at your own risk and are wholly responsible for making your own independent judgment regarding your use or interaction with the same.  We recommend you read the privacy and terms of use policies of each third party’s website that you access.

6.  PRIVACY POLICY

Please see our “Privacy Policy” at http://www.honornyc.com/contact/ for additional details with respect to how we maintain and respect the privacy of your personal information.  You agree to our collection, use and sharing of your information as set forth in our Privacy Policy.

7.  CONTENT

In no event will anything contained in these Terms of Use or any area of the Website be construed as a representation or guarantee with respect to any of the content. We do not guarantee the accuracy, completeness or usefulness of any content. Furthermore, we do not endorse, nor are we responsible for, the accuracy and reliability of any opinion, advice or statement made on the Website by any third party. We assume no responsibility and no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content.

We reserve the right, in our sole discretion, to reject, refuse to post or remove any Content (defined below) posted by you, or to restrict, suspend, or terminate your access to all or any part of the Website at any time, for any or no reason, with or without prior notice, and without liability.  We expressly reserve the right to restrict, suspend, or terminate your access to the Website if we determine, in our sole discretion, that you pose a threat to the Website and/or its Users.

Users may be able to post content on the Website. You are solely responsible for any content, photos, artwork, videos, text, graphics, articles and other information you upload, post, display or otherwise provide to the Website (“Content”).  You represent and warrant that: (i) you own the Content posted by you on the Website or otherwise have the right to grant the license set forth in this Paragraph 7; (ii) your Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person; and (iii) the posting of Content on the Website does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and other monies owing to any person by reason of any Content you post on the Website.

The following is a partial list of the type of Content that is illegal or prohibited to post on or through the Website.  Prohibited Content includes, but is not limited to Content that:

1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

2. harasses or advocates harassment of another person;

3. exploits people in a sexual or violent manner;

4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;

5. solicits personal information from anyone under 21;

6. provides any telephone numbers, street addresses, last names, URLs or email addresses;

7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;

9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, spamming, or spimming;

10.           contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

11.           furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

12.           solicits passwords from Users or personal identifying information for commercial or unlawful purposes from other Users;

13.           involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or

14.           includes a photograph of another person that you have posted without that person's consent.

We do not claim any ownership rights in the Content that you post to the Website. After posting your Content to the Website, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By supplying Content to any area of the Website, you automatically grant to us for purposes of maintaining the Website, making Content available, and you represent and warrant that you have the right to so grant, an irrevocable, transferable, perpetual, non-exclusive, fully paid up, worldwide license to use, copy, perform, reproduce, display, edit, modify and distribute such information and Content and to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sub-licensees of the foregoing.  Additionally, we shall be free to use any ideas, concepts, know-how or techniques contained in such Content for any purpose whatsoever, including without limitation, developing, manufacturing and marketing products and services which incorporate such Content. 

8. NO CONTENT MONITORING.

We are under no obligation to screen or monitor Content, but may review Content from time to time at its sole discretion to review compliance with these Terms of Use.  We will make all determinations as to what Content is appropriate in its sole discretion.  We may include, edit or remove any Content at any time without notice.   

9. TERMINATION OF ACCESS.

In addition to any right or remedy that may be available to us under these Terms of Use or applicable law, we may suspend, limit or terminate your access to the Website, at any time with or without notice and with or without cause. In addition, we may refer any information on illegal activities, including your identity, to the proper authorities. 

10. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

We are committed to complying with copyright and related laws, and we require all Users of the Website to comply with these laws.  Accordingly, you may not store any material or content on, or disseminate any material or content over, the Website in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements.  You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any User who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner's legal agent.

If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately.  Upon our receipt of a proper notice of claimed infringement under the DCMA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content in issue.  Our designated agent (i.e., the proper party) to whom you should address such notice is listed below.

If you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our designated agent with the following information:

◦   an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

◦   a description of the copyrighted work or other intellectual property 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 email address;

◦   a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

◦   a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Our designated agent for notice of claims of copyright infringement can be reached as follows: 


By Mail:         48 West 25th Street

                       12th Floor

                       New York, NY 10010

                       USA

                       Attn: HONOR NYC

By Email:     studio@honornyc.com

Subject line: DMCA

11. INDEMNITY

You agree to defend, indemnify and hold us, our subsidiaries, and affiliates, and each of our respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, issued by any third party due to or arising out of your use of the Website in violation of these Terms of Use and/or arising from a breach of these Terms of Use (including, without limitation, any breach of your representations and warranties set forth herein).

12. TERM.

These Terms of Use shall remain in full force and effect while you use the Website or are registeredwith the Website. You may terminate your registration at any time, for any reason. We may terminate your registration at any time, without warning. Even after your registration is terminated you continue to remain bound by these Terms of Use to the extent you continue to access the Website in any capacity.

13. USER DISPUTES.

You are solely responsible for your interactions with other Users of the Website. We reserve the right, but have no obligation, to monitor disputes between you and other Users.

14. LIMITATION ON LIABILITY.

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR YOUR REGISTRATION.

15. U.S. EXPORT CONTROLS.

Software made available to you by the Website (the "Software") is subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

16. MISCELLANEOUS

Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.  These Terms of Use and your account on the Website are personal to you and may not be transferred or assigned.  These Terms of Use are governed by U.S. federal law and the laws of the State of New York, U.S.A., regardless of your location, without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in New York County, New York, U.S.A. in all disputes arising out of or relating to the Website. Either we or you may demand that any dispute between us and you about or involving the Website must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in New York County, New York, USA, provided that the foregoing shall not prevent us from seeking injunctive relief in a court of competent jurisdiction.  Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions. Our performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use.  If any part of these Terms of Use is 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, together with any additional terms and conditions or policies referred to and incorporated herein (including additional terms applicable to various parts of the Website), constitutes the entire understanding between you and us.

Please contact us at studio@honornyc.com with any questions regarding these Terms of Use.

We may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Website or (if we choose to do so in our sole discretion) delivering them to you through email if you have provided us with your accurate email address.

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