Terms & Conditions
The Shabby Apple website, www.shabbyapple.com (the "Site") is owned and operated by Shabby Apple LLC ("Shabby Apple"). Unless otherwise noted below, these terms and conditions ("the Terms") govern use of the Site. By using the Site, you agree to follow and be bound by these Terms. If for any reason you do not agree to these Terms, please do not access or use the Site.
The Right to Make Changes
Shabby Apple reserves the right and sole discretion to make changes from time to time to the Site and to these Terms. When using our Site, you agree to accept any such changes, so we encourage you to review these Terms and changes posted here.
Site Content
The Site, including all of its information and contents, is protected by patent, trademark, trade dress and/or copyright under United States and/or foreign laws. This includes but is not limited to text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software, and the HTML used to generate the pages (collectively, "Materials and Content"), is property of Shabby Apple or that of our suppliers or licensors. Except as otherwise provided on the site or in these Terms or without prior written consent from Shabby Apple, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose. Shabby Apple grants you a personal, limited, non-exclusive, non-transferable license to access the Site and to use the information and services contained here. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We further reserve the right to cease doing business with customers who violate any of these Terms.
Personal Information and Privacy
In the course of using the Site, you may be asked to provide certain information to us. By so doing, you acknowledge and agree that you are solely responsible for the accuracy and content of such information. Shabby Apple's use of any personal information (name, etc.) you provide via the Site shall be governed by our Privacy Policy. For further information regarding Shabby Apple's protection of your personal information, please refer to our Privacy Policy page.
User Comments, Feedback, and Other Submissions
If you respond to Shabby Apple with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall not be deemed confidential. Instead, all such submissions shall be deemed the property of Shabby Apple, and your submission of information shall constitute an irrevocable assignment to Shabby Apple of all worldwide rights, titles, and interests in and to such information. Shabby Apple will not be liable for any use or disclosure of such information. Shabby Apple will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. Shabby Apple will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products that incorporate or otherwise rely upon such information.
Prohibited Uses
The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing products, providing information to the Site, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Site. Shabby Apple specifically prohibits any use of the Site and requires all users to agree not to use the Site for any illegal or improper purposes, including but not limited to posting any information that is false, inaccurate, or not your own; constitutes trade secrets or copyrighted information that you do not have permission to publish; infringes any intellectual property, privacy, or publicity right of another; communicates by any means information or software from the site to foreign nations in violation of applicable export control laws, is an attempt to interfere with the Site’s or Shabby Apple’s networks or security or to access another computer system without authorization.
Returns and Exchanges
Shabby Apple maintains a Returns and Exchanges page, which sets forth the Terms and Conditions of Returns and Exchanges and is subject to modification by Shabby Apple. By visiting and using our Site, you agree that any orders you place through the Site are subject to the Terms and Conditions of Returns and Exchanges set forth on that page.
Colors, Pricing, and Availability
We try to display our products and their colors as accurately as possible. Still, the displayed colors will depend upon the user’s monitor, which Shabby Apple cannot guarantee will accurately portray the actual colors of the products. Similarly, the apparent color of our products may depend on the nature and amount of light in which the products are viewed. Products displayed may be out-of-stock or discontinued, and prices are subject to change. Shabby Apple is not responsible for typographical errors regarding price or any other matter.
Gift Cards, Codes, and Certificates Purchased for Value
Gift Certificates purchased as gifts automatically expire in 1 calendar year. Gift cards, codes, or certificates cannot be redeemed for cash. Returns on items purchased with a gift card, code, or certificate will be issued as store credit. All other Store Credit issued expires in 30 days. They may not be used in conjunction with any other discount or any other Promotional Awards, which are described in the section below. The promotional value of such a card expires within 30 days of issuance unless extended by Shabby Apple or otherwise set forth by Shabby Apple at the time of purchase.
Promotions
Promotional coupons, vouchers, gift cards, codes, or certificates not purchased with money or consideration of equal value ( “Promotional Awards”) but issued as part of a promotion, award, or loyalty program expire no later than 30 days from issuance (unless Shabby Apple explicitly states otherwise or extends) and may not be used in conjunction with any other discount or any other Promotional Awards.
Promotional Awards:
· are valid for one-time use only
· cannot be combined with other promotional gift cards/coupons
· cannot be retroactively applied to past orders
· cannot be transferred to future orders
· cannot be returned for credit upon order return
· are not valid past expiration date
· have NO cash value
· cannot be used to purchase a gift card
For information on gift cards that include both Purchase Value and promotional value, please see the terms governing gift cards above.
Security Rules
Violations of system or network security may result in civil or criminal liability. Shabby Apple may involve, and cooperate with, law enforcement authorities in prosecuting any user involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, but not limited to accessing data not intended for you; logging on to a Shabby Apple server or account without authorization; attempting to probe, scan or test the vulnerability of a system or network; attempting to breach or breaching security or authentication measures without proper authorization (or succeeding in such an attempt); attempting to interfere or interfering with the operation of our Site, our provision of services, our hosting provider, including, but not limited to submitting a virus to, overloading, "flooding", "mailbombing" or "crashing" the Site; forging any TCP/IP packet header or any part of the header information in any e-mail or posting to our site.
International Use
The Site is controlled and operated from the United States, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. Software that may be downloaded from the Site is subject to export controls under the laws and regulations of the United States. By visiting and using our Site, you acknowledge that you are not a national of, or resident within, any of the countries that are subject to trade embargo under these laws and regulations (currently, Cuba, Iran, North Korea, Sudan and Syria) or listed on any of the United States Government's lists of prohibited and restricted parties.
Proprietary Rights
As between you and Shabby Apple, (or any other company whose marks appear on the Site), Shabby Apple (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The Shabby Apple logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, "Shabby Apple Intellectual Property") are owned by Shabby Apple and may be registered in the United States and internationally. You agree not to display or use the Shabby Apple Intellectual Property in any manner without Shabby Apple's prior permission. Nothing on the Site should be construed to grant any license or right to use any Shabby Apple Intellectual Property without the prior written consent of Shabby Apple.
Disclaimers and Limitation of Liability
Shabby Apple publishes information on its Site as a convenience to its visitors. While Shabby Apple attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The Shabby Apple products described in the Site may not be available in your region. Shabby Apple does not claim that the information in the Site is appropriate to your jurisdiction or that the products described in its Site will be available for purchase in all jurisdictions. You assume all responsibility and risk with respect to your use of the Site, which is provided "AS IS." SHABBY APPLE DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE.
Shabby Apple makes no representations or warranties of any kind regarding any non-Shabby Apple sites to which you may be directed or hyperlinked from this Site.
IN NO EVENT SHALL SHABBY APPLE, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF SHABBY APPLE OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.)
Indemnity
You agree to defend, indemnify and hold Shabby Apple, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to, or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third party proprietary right.
Disputes
Any dispute relating in any way to these Terms, your visit to the Site, or to any purchase, return, or other transaction with Shabby Apple shall be submitted to binding, confidential arbitration in New York, New York or Salt Lake City, Utah. However, if you have in any manner violated or threatened to violate any Shabby Apple Intellectual Property right, we may seek injunctive or other appropriate relief in any state or federal court in either the state of New York or the state of Utah. You consent to exclusive jurisdiction and venue in these courts. Any arbitration under this agreement and these Terms shall be conducted under the prevailing rules of the American Arbitration Association. To the fullest extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
General Information
These Terms constitute the entire agreement between you and Shabby Apple and govern your use of the Site, and they supersede any prior agreements between you and Shabby Apple. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site.
Any claim or cause of action you may have with respect to Shabby Apple or the Site must be commenced within one (1) year after the claim or cause of action arose.
The failure of Shabby Apple to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.
These Terms shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any conflict of law provisions.
You may not assign the Terms or any of your rights or obligations under the Terms without Shabby Apple's express written consent. The Terms inure to the benefit of Shabby Apple's successors, assigns and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.
To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us please refer to our Contact Options page.
The Right to Make Changes
Shabby Apple reserves the right and sole discretion to make changes from time to time to the Site and to these Terms. When using our Site, you agree to accept any such changes, so we encourage you to review these Terms and changes posted here.
Site Content
The Site, including all of its information and contents, is protected by patent, trademark, trade dress and/or copyright under United States and/or foreign laws. This includes but is not limited to text, data, wallpaper, icons, characters, artwork, images, photographs, graphics, music, sound, messages, graphics, software, and the HTML used to generate the pages (collectively, "Materials and Content"), is property of Shabby Apple or that of our suppliers or licensors. Except as otherwise provided on the site or in these Terms or without prior written consent from Shabby Apple, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials and Content from this Site in whole or in part, for any public or commercial purpose. Shabby Apple grants you a personal, limited, non-exclusive, non-transferable license to access the Site and to use the information and services contained here. We reserve the right, for any reason or for no reason, in our sole discretion and without notice to you, to revise the products and services described on the Site and to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, the Materials and Content on the Site as well as features and/or hours of availability of the Site, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We further reserve the right to cease doing business with customers who violate any of these Terms.
Personal Information and Privacy
In the course of using the Site, you may be asked to provide certain information to us. By so doing, you acknowledge and agree that you are solely responsible for the accuracy and content of such information. Shabby Apple's use of any personal information (name, etc.) you provide via the Site shall be governed by our Privacy Policy. For further information regarding Shabby Apple's protection of your personal information, please refer to our Privacy Policy page.
User Comments, Feedback, and Other Submissions
If you respond to Shabby Apple with any information, including but not limited to feedback, data, questions, comments, suggestions, or the like, such information shall not be deemed confidential. Instead, all such submissions shall be deemed the property of Shabby Apple, and your submission of information shall constitute an irrevocable assignment to Shabby Apple of all worldwide rights, titles, and interests in and to such information. Shabby Apple will not be liable for any use or disclosure of such information. Shabby Apple will not have any obligation to keep such information confidential and will be free to reproduce, use, disclose and distribute the information to others without limitation. Shabby Apple will be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products that incorporate or otherwise rely upon such information.
Prohibited Uses
The Site may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the Site, purchasing products, providing information to the Site, and downloading product information for your personal review. You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the Site. Shabby Apple specifically prohibits any use of the Site and requires all users to agree not to use the Site for any illegal or improper purposes, including but not limited to posting any information that is false, inaccurate, or not your own; constitutes trade secrets or copyrighted information that you do not have permission to publish; infringes any intellectual property, privacy, or publicity right of another; communicates by any means information or software from the site to foreign nations in violation of applicable export control laws, is an attempt to interfere with the Site’s or Shabby Apple’s networks or security or to access another computer system without authorization.
Returns and Exchanges
Shabby Apple maintains a Returns and Exchanges page, which sets forth the Terms and Conditions of Returns and Exchanges and is subject to modification by Shabby Apple. By visiting and using our Site, you agree that any orders you place through the Site are subject to the Terms and Conditions of Returns and Exchanges set forth on that page.
Colors, Pricing, and Availability
We try to display our products and their colors as accurately as possible. Still, the displayed colors will depend upon the user’s monitor, which Shabby Apple cannot guarantee will accurately portray the actual colors of the products. Similarly, the apparent color of our products may depend on the nature and amount of light in which the products are viewed. Products displayed may be out-of-stock or discontinued, and prices are subject to change. Shabby Apple is not responsible for typographical errors regarding price or any other matter.
Gift Cards, Codes, and Certificates Purchased for Value
Gift Certificates purchased as gifts automatically expire in 1 calendar year. Gift cards, codes, or certificates cannot be redeemed for cash. Returns on items purchased with a gift card, code, or certificate will be issued as store credit. All other Store Credit issued expires in 30 days. They may not be used in conjunction with any other discount or any other Promotional Awards, which are described in the section below. The promotional value of such a card expires within 30 days of issuance unless extended by Shabby Apple or otherwise set forth by Shabby Apple at the time of purchase.
Promotions
Promotional coupons, vouchers, gift cards, codes, or certificates not purchased with money or consideration of equal value ( “Promotional Awards”) but issued as part of a promotion, award, or loyalty program expire no later than 30 days from issuance (unless Shabby Apple explicitly states otherwise or extends) and may not be used in conjunction with any other discount or any other Promotional Awards.
Promotional Awards:
· are valid for one-time use only
· cannot be combined with other promotional gift cards/coupons
· cannot be retroactively applied to past orders
· cannot be transferred to future orders
· cannot be returned for credit upon order return
· are not valid past expiration date
· have NO cash value
· cannot be used to purchase a gift card
For information on gift cards that include both Purchase Value and promotional value, please see the terms governing gift cards above.
Security Rules
Violations of system or network security may result in civil or criminal liability. Shabby Apple may involve, and cooperate with, law enforcement authorities in prosecuting any user involved in such violations. You are prohibited from violating or attempting to violate the security of the Site, including, but not limited to accessing data not intended for you; logging on to a Shabby Apple server or account without authorization; attempting to probe, scan or test the vulnerability of a system or network; attempting to breach or breaching security or authentication measures without proper authorization (or succeeding in such an attempt); attempting to interfere or interfering with the operation of our Site, our provision of services, our hosting provider, including, but not limited to submitting a virus to, overloading, "flooding", "mailbombing" or "crashing" the Site; forging any TCP/IP packet header or any part of the header information in any e-mail or posting to our site.
International Use
The Site is controlled and operated from the United States, and all information is processed within the United States. We do not represent that materials on the Site are appropriate or available for use in other locations. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site. Software that may be downloaded from the Site is subject to export controls under the laws and regulations of the United States. By visiting and using our Site, you acknowledge that you are not a national of, or resident within, any of the countries that are subject to trade embargo under these laws and regulations (currently, Cuba, Iran, North Korea, Sudan and Syria) or listed on any of the United States Government's lists of prohibited and restricted parties.
Proprietary Rights
As between you and Shabby Apple, (or any other company whose marks appear on the Site), Shabby Apple (or the respective company) is the owner and/or authorized user of any registered or unregistered trademark, trade name and/or service mark appearing on the Site, and is the copyright owner or licensee of the Materials and Content on the Site, unless otherwise indicated. The Shabby Apple logos, designs, titles, phrases and product names and the copyrights, trademarks, service marks, trade dress and/or other intellectual property in such materials (collectively, "Shabby Apple Intellectual Property") are owned by Shabby Apple and may be registered in the United States and internationally. You agree not to display or use the Shabby Apple Intellectual Property in any manner without Shabby Apple's prior permission. Nothing on the Site should be construed to grant any license or right to use any Shabby Apple Intellectual Property without the prior written consent of Shabby Apple.
Disclaimers and Limitation of Liability
Shabby Apple publishes information on its Site as a convenience to its visitors. While Shabby Apple attempts to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors. We reserve the right to make corrections and changes to the Site at any time without notice. The Shabby Apple products described in the Site may not be available in your region. Shabby Apple does not claim that the information in the Site is appropriate to your jurisdiction or that the products described in its Site will be available for purchase in all jurisdictions. You assume all responsibility and risk with respect to your use of the Site, which is provided "AS IS." SHABBY APPLE DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS AND ENDORSEMENTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION ACCESSED FROM OR VIA THE SITE.
Shabby Apple makes no representations or warranties of any kind regarding any non-Shabby Apple sites to which you may be directed or hyperlinked from this Site.
IN NO EVENT SHALL SHABBY APPLE, ITS AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM OR IN ANY WAY RELATED TO THE USE OF, OR THE INABILITY TO USE, OR THE PERFORMANCE OF THE SITE OR THE CONTENT AND MATERIALS OR FUNCTIONALITY ON OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS, OR LOST BUSINESS, DATA OR SALES OR ANY OTHER TYPE OF DAMAGE, TANGIBLE OR INTANGIBLE IN NATURE, EVEN IF SHABBY APPLE OR ITS REPRESENTATIVE OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(SOME JURISDICTIONS DO NOT ALLOW THIS LIMITATION OR EXCLUSION OF LIABILITY SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.)
Indemnity
You agree to defend, indemnify and hold Shabby Apple, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to, or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third-party claim that any information or materials you provide infringes any third party proprietary right.
Disputes
Any dispute relating in any way to these Terms, your visit to the Site, or to any purchase, return, or other transaction with Shabby Apple shall be submitted to binding, confidential arbitration in New York, New York or Salt Lake City, Utah. However, if you have in any manner violated or threatened to violate any Shabby Apple Intellectual Property right, we may seek injunctive or other appropriate relief in any state or federal court in either the state of New York or the state of Utah. You consent to exclusive jurisdiction and venue in these courts. Any arbitration under this agreement and these Terms shall be conducted under the prevailing rules of the American Arbitration Association. To the fullest extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
General Information
These Terms constitute the entire agreement between you and Shabby Apple and govern your use of the Site, and they supersede any prior agreements between you and Shabby Apple. You also may be subject to additional terms and conditions that are applicable to certain parts of the Site.
Any claim or cause of action you may have with respect to Shabby Apple or the Site must be commenced within one (1) year after the claim or cause of action arose.
The failure of Shabby Apple to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.
These Terms shall be governed by, construed and enforced in accordance with the laws of the State of New York, without giving effect to any conflict of law provisions.
You may not assign the Terms or any of your rights or obligations under the Terms without Shabby Apple's express written consent. The Terms inure to the benefit of Shabby Apple's successors, assigns and licensees. The section titles in these Terms are for convenience only and have no legal or contractual effect.
To contact us with any questions or concerns in connection with these Terms or the Site, or to provide any notice under these Terms to us please refer to our Contact Options page.