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Terms of Use

Terms of Use

By using this website, www.thetailorynyc.com (the “Site”), you agree to the terms of use and privacy policy contained herein. This website is owned and operated by SY CUSTOM INC. (“The Tailory New York”). Accessing the Site will constitute your acceptance of these terms of use. Please do not enter the Site if you do not agree to abide by these terms.

We reserve the right to change the nature of this relationship at any time and to revise these Terms of Use from time to time as we see fit. As such, you should check these Terms of Use periodically. Your accessing, viewing, browsing and/or using the Site after we post changes to these Terms of Use constitutes your acceptance and agreement to those changes, whether or not you actually reviewed them. If you violate any of the terms of these Terms of Use you will have your access canceled and you may be permanently banned from accessing, viewing, browsing and using the site. Changes will not apply to any orders we have already accepted unless required by law.

Content

You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright and/or database right in the selection, coordination, arrangement, presentment and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), your legal rights in relation to “fair dealing” under European copyright law, or your legal rights under any other similar copyright law, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.

Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these terms and conditions; (b) with our prior written permission; or (c) the prior written permission from the third party that may own the trademark or copyright of information displayed on this website.

Trademarks

The Tailory New York and other marks which may or may not be designated on this website by a “®”‚ “TM”, “SM” or another similar designation are registered, pending or unregistered trademarks or service marks of The Tailory New York in the United States and other countries. Our graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of The Tailory New York. The Tailory New York’s trademarks and trade dress may not be used in connection with any product or service, without the permission of The Tailory New York, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits The Tailory New York. All other trademarks not owned by us that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored The Tailory New York.

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of this website or any content, or in any way reproduce or circumvent the navigational structure or presentation of this website or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the website. The Tailory New York reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of this website, or any other systems or networks connected to the Site or to any The Tailory New York server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of The Tailory New York, including any The Tailory New York Account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or The Tailory New York’s systems or networks, or any systems or networks connected to the Site or to The Tailory New York.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person&rsqup;s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to The Tailory New York on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of The Tailory New York or others.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions, or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions including, where applicable, representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the specific terms for that portion of the website shall control with respect to your use of that portion of the Site or the specific service.

The Tailory New York’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

The Tailory New York may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and The Tailory New York makes no commitment to update the materials on the Site with respect to such products and services.

Privacy

The Tailory New York’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view The Tailory New York’s Privacy Policy, click here. (privacy portion below) Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Site-Provided Email and Postings

The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. The Tailory New York is under no obligation to review any messages, information or content (“Postings”) posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, The Tailory New York may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings. You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain:

(i) Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.

(ii) Advertisements or solicitations of any kind.

(iii) Impersonate others or provide any kind of false information.

(iv) Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.

(v) Messages by non-spokesperson employees of The Tailory New York purporting to speak on behalf of The Tailory New York or containing confidential information or expressing opinions concerning The Tailory New York.

(vi) Messages that offer unauthorized downloads of any copyrighted or private information.

(vii) Multiple messages placed within individual folders by the same user restating the same point.

(viii) Chain letters of any kind.

(ix) Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message. This prohibition includes but is not limited to a) Using invitations from the Site to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; b) Using the Site to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and c) Sending messages to distribution lists, newsgroup aliases, or group aliases.

Links to Other Sites and to the The Tailory New York Site

This Site may contain links to other independent third party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under The Tailory New York’s control, and The Tailory New York is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

The Site is provided on an “AS IS,” “as available” basis. The Tailory New York does not warrant that use of the Site will be uninterrupted or error-free. The Tailory New York does not warrant the accuracy, integrity, or completeness of the Content provided on the Site or the products or services offered for sale on the Site. Further, The Tailory New York makes no representation that content provided on the Site is applicable or appropriate for use in locations outside of the United States. The Tailory New York specifically disclaims warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. No oral advice or written information given by The Tailory New York or its associates shall create a warranty. You expressly agree that your access to, viewing of, browsing, visiting or use of the Site is at your sole risk. Under no circumstances shall The Tailory New York or its associates be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Site, including but not limited to reliance by a user on any information obtained at the Site, or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to The Tailory New York records, programs or services. The foregoing limitation of liability shall apply whether in an action at law, including but not limited to contract, negligence, or other tortious action; or an action in equity, even if an authorized representative of The Tailory New York has been advised of or should have knowledge of the possibility of such damages. You hereby acknowledge that this paragraph shall apply to all Content, merchandise and services available through the Site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law. Although we take steps to ensure the accuracy and completeness of product and third-party service descriptions posted on the Site, please refer to the manufacturer for details. The products on our Site are intended for personal, not commercial or business use, unless otherwise indicated. As such, you assume the risk when purchasing products for a commercial or business use or application.

The Tailory New York reserves the right to do any of the following, at any time, without notice:

Modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason;

Modify or change the Site, or any portion of the Site, and any applicable policies or terms; or

Interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitations of Liability

Except where prohibited by law, The Tailory New York disclaims all liability for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if The Tailory New York has been advised of the possibility of such damages.

Indemnity

You agree to indemnify and hold The Tailory New York, its officers, presidents, shareholders, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against The Tailory New York by any third party due to or arising out of or in connection with your use of the Site, its Terms of Use, or your violation of any law or the rights of a third party.

Violation of These Terms of Use

The Tailory New York may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with a violation of the terms of use. The Tailory New York also reserves the right at all times to disclose any information that The Tailory New York deems necessary to comply with any applicable law, regulation, legal process or governmental request. The Tailory New York also may disclose your information when The Tailory New York determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that The Tailory New York may preserve any transmittal or communication by you with The Tailory New York through the Site or any service offered on or through the Site, and may also disclose such data under the terms of use and the privacy policy.

You agree that The Tailory New York may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine, in our sole discretion, that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to The Tailory New York, for which monetary damages would be inadequate, and you consent to The Tailory New York obtaining any injunctive or equitable relief that The Tailory New York deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies The Tailory New York may have at law or in equity.

You agree that The Tailory New York may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to):

Requests by law enforcement or other government agencies,

A request by you (self-initiated account deletions),

Discontinuance or material modification of the Site or any service offered on or through the Site, and

Unexpected technical issues or problems.

If The Tailory New York does take any legal action against you as a result of your violation of these Terms of Use, The Tailory New York will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to The Tailory New York. You agree that The Tailory New York will not be liable to you or to any third party for termination of your access to the Site.

Governing Law; Dispute Resolution

By accessing this website, you agree that New York law governs the terms of use, the privacy policy and any agreements entered herein. By accessing this site you agree to be bound by the laws and jurisdiction of New York. If you access the Site from anywhere other than the United States, you agree that New York law will govern these Terms and Conditions and the purchase of products by you through the Site and that any dispute of any sort that might arise between you and Black Lapel or its affiliates and subsidiaries shall be subject to the exclusive jurisdiction of the courts of New York.

Export

The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.

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The Tailory New York does not claim ownership of any feedback or similar materials you make available through the Site. At The Tailory New York’s sole discretion, such materials may be included in the Site in whole or in part or in a modified form. With respect to such materials you submit or make available for inclusion on the Site, you grant The Tailory New York a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this section.

Survival of Terms After Agreement Ends

Notwithstanding any other provisions of this Terms of Use, or any general legal principles to the contrary, any provision of this Terms of Use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Terms of Use.

Privacy Policy

We are committed to protecting the privacy rights of visitors to http://www.thetailorynyc.com. The Tailory New York knows that you care about your personal information and how it is used. We appreciate your trust.

This policy covers how SY CUSTOM INC. (“The Tailory New York”) treats personal information that The Tailory New York collects and receives. This includes information related to past transactions with The Tailory New York.

Under the terms of this policy, personal information refers to information about you that is personally identifiable and not otherwise publicly available. This may include, but is not limited to: your name, address, email address or phone number. This policy does not apply to the practices of third parties that The Tailory New York does not own, control, manage or employ.

Collecting Information

The information we obtain from you helps us personalize and continually improve your shopping experience with us. Any personal information you provide to us is maintained on secure servers and our internal systems. It is your choice whether or not to provide personal information. However, any information you provide will be treated with care, and subject to this policy, will not be used or disclosed in ways to which you have not consented.

The Tailory New York collects personal information when you sign up with The Tailory New York, when you use The Tailory New York products, when you visit The Tailory New York pages or the pages of certain partners of The Tailory New York, when you visit us in our showrooms and when you enter any promotions or sweepstakes. The Tailory New York may combine information about you that we have with information we obtain from business partners or other companies. Once you make a purchase with The Tailory New York, The Tailory New York will keep your shipping and billing information as well as your measurements and fit preferences for ease of future purchases. The Tailory New York automatically receives and records information on our server logs from your browser, including your IP address, The Tailory New York cookie information, and the page you request. The Tailory New York uses information for the following general purposes: to customize the content you see, fulfill your requests for products and services, improve our services, contact you, conduct research, and provide anonymous reporting for internal and external clients.

Cookies

The Tailory New York may set and access The Tailory New York “cookies” on your computer. Cookies enhance the convenience and use of thetailorynyc. For example, the information provided through cookies is used to recognize you as a previous user (so you do not have to enter your personal information every time), offer personalized web page content and information for your use, and otherwise facilitate your website experience. You may decline cookies if your browser permits, but doing so may affect your use of the website.

Your Information

You can edit your The Tailory New York account information at any time. The Tailory New York will automatically send you certain communications relating to the The Tailory New York service, such as service announcements, administrative messages and The Tailory New York Newsletter, that are considered part of your The Tailory New York account. However, if you do not wish to receive e-mail or other mail from The Tailory New York, you can unsubscribe at any time.

Confidentiality and Security

As a general policy, The Tailory New York does not rent, sell or share personal information about you with other third parties. The exceptions to this policy are:

  • When we provide personal information to trusted partners who work on behalf of, or with, under confidentiality agreements. These companies may use your personal information to help communicate with you about offers from The Tailory New York and our marketing partners.
  • When required by a court or applicable law.
  • To enforce our terms of use.
  • If The Tailory New York is acquired by or merged with another company. In this event, The Tailory New York will notify you before information about you is transferred and becomes subject to a different privacy policy.

As part of our commitment to protect your personal information, we have physical, electronic and procedural safeguards that are in compliance with federal regulations.

Policy Updates

The Tailory New York reserves the right to update, alter or modify this policy. The Tailory New York will notify you about changes it reasonably believes are significant under its sole and exclusive judgment. All such notifications will be sent to the primary email address specified in your The Tailory New York account or by placing a prominent notice on our site. Following any such changes, continued use of http://www.thetailorynyc.com constitutes your agreement to be bound by the new terms.

 

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