We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms. Such changes and/or modifications are effective immediately upon the posting thereof. Please review these Terms periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms. For your information, this page was last updated on August 15, 2010.
B. ELECTRONIC COMMUNICATIONS
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. We do not request personally identifiable information from the visitor except in the particular situations mentioned in these Terms (such as when making a return). We may share e-mail addresses with businesses that may have their own disclosure practices.
C. RULES OF CONDUCT
Your use of the Site is subject to all applicable local, state and national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:
be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users’ accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with these Terms;
modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights of use and enjoyment of the Site by any other person, firm or enterprise; or
collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
D. LICENSE AND SITE ACCESS
Urban Boulder grants you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Urban Boulder. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of it may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Urban Boulder. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Urban Boulder without express written consent. You may not use any meta tags or any other "hidden text" utilizing Urban Boulder's name or trademarks without the express written consent of Urban Boulder. Any unauthorized use terminates the permission or license granted by Urban Boulder. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray Urban Boulder, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Urban Boulder logo or other proprietary graphic or trademark as part of the link without express written permission.
E. YOUR ACCOUNT
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Site only with involvement of a parent or guardian. Urban Boulder does not sell products to children, but it may sell products for children, in some instances. In any case, Urban Boulder will only sell products to adults, who can purchase with a credit card or other permitted payment method. Urban Boulder reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
F. USER-SUBMITTED POSTINGS
To the extent that portions of this Site provide users an opportunity to submit information, ideas and opinions (the “Postings”), please be advised that Postings do not necessarily reflect the views of Urban Boulder. In no event shall Urban Boulder assume or have any responsibility or liability for any Postings or for any claims, damages, or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information.
You hereby authorize Urban Boulder to use, and authorize others to use, your Postings in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, Urban Boulder will have the right to use and change the Postings in any manner that Urban Boulder may determine.
Submissions by users for posting may be used for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity. Although Urban Boulder periodically monitors the content posted on this Site, it cannot be responsible for the views or opinions expressed by third parties. Urban Boulder reserves the right to edit, refuse to post, or delete submissions that in its sole discretion it deems inappropriate for this Site, as well as revoke the privileges of users who do not comply with such rules.
The amount of storage space on the Site per user is limited. Some Postings may not be processed due to space constraints or outbound message limitations. You understand, acknowledge and agree that we assume no responsibility for deletion of Postings or any failure to store, receive or deliver Postings in a timely manner or any other matter relating to Postings.
If you believe that any content on the Site (including, without limitation, Postings) violates any of the Terms, please send a message about it to email@example.com. We cannot guarantee that we will respond to your message and we reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services of or obtain goods and services from, third parties (collectively, the “Advertisers”) such as our advertisers, sponsors, or promotional partners as a result of your use of the Site. All such communications, interactions and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertisers or any goods or services you may purchase or obtain from any Advertisers).
H. THIRD PARTY HYPERLINKS
The appearance of external hyperlinks generated by third parties does not constitute endorsement by Urban Boulder and any affiliates, of the opinions or views expressed by these third party websites and Urban Boulder does not verify, endorse, or take responsibility for the accuracy, currency, completeness, or quality of the content contained at these sites. Furthermore, Urban Boulder is not responsible for the quality or delivery of the Products or services offered, accessed, obtained by, or advertised at such sites. As such, neither Urban Boulder nor any of its affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, Urban Boulder will under no circumstances be liable for any direct, indirect, incidental, or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution, or exploitation of any information or content contained within these third party hyperlinked sites.
I. VIRAL FEATURES
J. RSS FEEDS and PODCASTS
The Site may provide RSS Feeds (“RSS Feeds”) consisting of selected text, audio, video, and photographic content (“Media Content”) from the Site that is provided over the Internet using an XML feed. Certain RSS Feeds may be podcasts which may include as part of the Media Content an associated audio, video and/or photographic file where the audio and/or video file may be downloaded and played from a user’s computer or transferred to a portable listening device. Certain software and hardware is required for users to download and view and/or play Media Content through RSS Feeds.
Media Content is protected by U.S. Federal and State laws, and applicable foreign laws, regulations and treaties, and all rights in and to the Media Content are reserved to Urban Boulder or the content provider. Media Content is available for personal, noncommercial use only and you may download, copy or transfer the RSS Feeds and associated Media Content to a portable listening or viewing device or a computer for your personal, non-commercial use only. You shall not, nor will you allow any third party to, reproduce, modify, create derivative works of, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party, or otherwise use any Media Content except as expressly authorized in this section. By your access to and use of RSS Feeds, you understand, acknowledge and agree that Urban Boulder, and any affiliates do not warrant that their RSS Feeds will operate on all user equipment.
K. REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, video, multi-media and other content; send communication; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Urban Boulder reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant Urban Boulder a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Urban Boulder and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Urban Boulder for all claims resulting from content you supply. Urban Boulder has the right but not the obligation to monitor and edit or remove any activity or content. Urban Boulder takes no responsibility and assumes no liability for any content posted by you or any third party.
URBAN BOULDER graphics, logos, page headers, button icons, and scripts are trademarks or trade dress of Urban Boulder in the U.S. and other countries. Urban Boulder's trademarks and trade dress may not be used, without Urban Boulder’s express written permission, or in connection with any product or service that is not Urban Boulder's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Urban Boulder. All other trademarks not owned by Urban Boulder that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Urban Boulder.
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Urban Boulder or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Urban Boulder and protected by U.S. and international copyright laws. All software used on this Site is the property of Urban Boulder or its software suppliers and protected by United States and international copyright laws.
N. COPYRIGHT COMPLAINTS
Urban Boulder respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please email us at firstname.lastname@example.org with “Claim of Copyright Infringement” in the subject line of the email. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the written information specified below. Please note that this procedure is exclusively for notifying Urban Boulder that your copyrighted material has been infringed.
An electronic or physical signature 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 upon;
A description of where the material that you claim is infringing is located on the Site;
Your address, telephone number, and e-mail address;
A 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.
EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
Products from the Urban Boulder website (“Products”) may be purchased while supplies last. If a Product is listed at an incorrect price or with incorrect information, we reserve the right to refuse or cancel orders placed for that Product, whether or not the order has been confirmed and even if your account has been charged (in which event we will issue a credit to your account in the amount of the charge).
Our creation or transmission of an order confirmation does not signify acceptance of your order, nor constitute a binding confirmation of an offer to sell any Product and we reserve the right to accept or decline your order for any reason up until the time the Product is actually delivered to you. We reserve the right at any time, without prior notice, to limit or reduce the quantity you ordered of any Product and we will notify you if we do so. All orders placed must obtain approval with an acceptable method of payment, as established by our credit and authorization policies and practices in effect at the time of your order. We may contact you and require additional information from you before we grant such approval. Products on the Site are offered for sale only to end user customers or as personal gifts to end user customers and not for resale. Orders from dealers, exporters, wholesalers, distributors, resellers or other similar persons or companies, require our pre-approval, and we reserve the right to refuse, cancel or seek the return of any Products that are purchased in violation of the foregoing restrictions.
You are responsible for any taxes imposed on the sale or use of Products and applicable taxes will be added to the amount charged for Products purchased on the Site. If an order consists of multiple items, they may be shipped separately depending on availability.
Urban Boulder provides free domestic shipping for Products that are sent and delivered within the United States (including Alaska and Hawaii). Urban Boulder also provides free international shipping for Products that are sent outside of the United States on Product orders of over five hundred U.S. dollars ($500). For international shipping of Products for orders equal to or less than five hundred dollars, you will be charged for the cost of shipping. For international shipping of Products, regardless of the value of the order, you will be responsible for the payment of all related taxes and duties.
Q. RISK OF LOSS
All items purchased from Urban Boulder are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
R. PRODUCT DESCRIPTIONS & PHOTOGRAPHY
Urban Boulder attempts to be as accurate as possible. However, Urban Boulder does not warrant that product descriptions or other content of this Site is accurate, complete, reliable, current, or error-free. Some items may appear slightly larger or smaller than actual size due to screen defaults and photography techniques. Other items may be represented at a larger than actual size in order to clearly show details, or smaller than actual size in order to show the entire item. If a product offered by Urban Boulder itself is not as described or displayed, your sole remedy is to return it in unused condition according to our Return Policy below.
S. RETURN POLICY
In order to return a Product, you must take photos of the Product and packaging, and email it to us with: (i) your name and address, (ii) the reason for the return, and (iii) the original order number at: email@example.com. The Product must be in new and saleable condition, without any marks, and inside the original packaging, unless it was damaged during shipment to you. Please specify in your email if the Product was damaged during shipment to you. Once we receive your email and photo(s) and upon our approval of the return, we will email you a return shipping label. PLEASE NOTE EARRINGS MAY NOT BE RETURN.
The Product must be sent via UPS either using the box it was sent in or a similar UPS box and, in all cases, encased with bubble wrap or the like. You are responsible for all expenses related to the return of the Product, unless the return is due to damage caused to the Product during shipment to you.
Products will be returned for full refunds if returned in saleable condition, according to the terms of this section, within twenty-one (21) days of purchase and accompanied by a sales receipt. In such cases, a refund will be made to you upon request if payment has been received. Gift recipients are entitled to a nonrefundable merchandise credit. To return or exchange your gift selection, please follow the instructions included with your package.
T. DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Urban Boulder is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness, and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, URBAN BOULDER, ITS AFFILIATES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY URBAN BOULDER OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall Urban Boulder’s liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site.
You agree to indemnify, defend, and hold harmless, Urban Boulder, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement by you. Urban Boulder reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Urban Boulder in asserting any available defenses.
V. INFORMATION COLLECTION POLICIES
We may request personally identifiable information from visitors who choose to participate in certain activities as described below. Our information practices are described below.
W. USE OF INFORMATION
At Urban Boulder, we may share aggregate information about our visitors with both any affiliated business and externally with third parties, such as advertisers and business partners. We may also share personal information about our visitors with our affiliated departments and businesses that may have their own disclosure practices. However, it is our policy to not disclose externally with third parties personal information collected on our Site, except in the following instances:
AGENTS: The personal information provided to Urban Boulder by visitors may be transferred, disclosed or shared with third parties who may be engaged by us specifically to handle and deliver certain activities (e.g., newsletters) and perform other technical and processing functions, such as sending postal mail and e-mail, record keeping, programming, providing user services to our visitors, or otherwise operating our Site. They have access to personal information needed to perform their functions, but may not use it for other purposes.
BUSINESS TRANSFERS: In the event that all or substantially all of the assets relating to Urban Boulder are transferred or sold to another entity, personally identifiable information may be transferred to the acquiring entity.
SPECIAL CASES: We may also disclose personally identifiable information to third parties when required by law or is pertinent to judicial or government investigations or proceedings, or otherwise necessary to protect the Site or the safety of its users.
Other than as set forth above, we do not at present intend to use your personal information for other purposes. However, in the future we may disclose personal information you have provided to third parties for additional purposes and in the event we do, we will provide notices of such use to our users.
Church Street Station
PO Box 3534
New York, NY 10008-3534
The Site is intended for domestic visitors and, consequently, is specifically directed towards residents of the United States. This policy, like the online medium itself, is subject to change.
Last updated: August 15, 2010