Liz & Sarp NewYork Inc, doing business as “Henny & Paulie” (hereinafter “Liz & Sarp NewYork Inc” or “Henny & Paulie”) provides website features and other products and services to you when you visit or shop at the websites operated by Henny & Paulie (hennyandpaulie.com and any future site operated by Henny & Paulie (collectively, the ”sites”)), use the sites’ products, services, or applications, or use software or data provided by Henny & Paulie in connection with any of the foregoing (collectively, together with any use of the sites, the " Services"). Henny & Paulie provides the Services subject to the following conditions.
By using Henny & Paulie’s Services, you agree to these conditions. Please read them in their entirety.
When you use a Henny & Paulie Service (any sites or mobile applications or "apps") you also will be subject to the guidelines, terms and agreements applicable to that Henny & Paulie Service ("Service Terms"). If these Terms & Conditions of Use (”Conditions of Use”) are inconsistent with the Service Terms, those Service Terms will control. Henny & Paulie reserves the right, at any time, to modify, alter or update these Conditions of Use, and you agree to be bound by such modifications, alterations or updates.
When you use any Service, 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 the sites, forums, or through the other Services. 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.
All content, including illustrations, photographs, product images, artwork, designs, text, graphics, logos, button icons, images, audio clips, scripts, service names, digital downloads, data compilations and software is the property of Peace of Cloth or its content suppliers and are protected by worldwide trademark, trade dress and copyright laws.
OWNERSHIP OF INTELLECTUAL PROPERTY
All trademarks, service marks and trade names on this site, or other service, including without limitation Henny & Paulie® are property of Liz & Sarp NewYork, Inc. No use of these may be made without prior, written authorization of Liz & Sarp NewYork Inc.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Henny & Paulie or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services. This license does not include any resale or commercial use of any Service, or its contents. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or part, any of the content on this site, or any of the Services. You may not download modify, obscure or delete any copyright or other proprietary notices on the Services. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Henny & Paulie or its licensors, suppliers, publishers, rights holders, or other content providers. The licenses granted by Peace of Cloth terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any Service, 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. Henny & Paulie reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
USER COMMENTS AND SUBMISSION
Visitors may post reviews, comments, photos, send e-cards, submit suggestions, ideas, questions, or other information. For any content that you submit, you grant Henny & Paulie a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell or distribute such content and to incorporate such content into any form, medium or technology throughout the world without compensation to you. You agree that no content submitted by you will violate any right of any third party, including copyrights, trademark, privacy or other personal or proprietary rights. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your content. You further agree that no content submitted by you will be or contain libelous or otherwise unlawful, abusive or obscene material. You represent and warrant that you own or are otherwise solely responsible for the contents of your submission and that you will indemnify Henny & Paulie for all claims resulting from content you supply. All content that you submit may be reviewed, revised, edited or removed at Peace of Cloth’s sole discretion.
Henny & Paulie respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us directly via postal mail or email.
RISK OF LOSS
All items purchased from Henny & Paulie 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.
RETURNS, REFUNDS AND TITLE
Some items may not be returnable or refundable. At our discretion, a refund may be issued without requiring a return. In this situation, Henny & Paulie does not take title to the refunded item. Henny & Paulie does not take title to returned items until the item arrives at our fulfillment center.
All product descriptions, colors, and prices are subject to change by Henny & Paulie at any time without notice. With respect to items sold, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Henny & Paulie is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We generally do not charge your credit card until after your order has entered the shipping process. If a product offered by Henny & Paulie is not as described, your sole remedy is to return it in unused condition.
ACCURACY OF INFORMATION
Henny & Paulie attempts to be as accurate as possible. However, no representation is made or warranty given as to the completeness or accuracy of such information. The Services may contain typographical errors, incomplete or out of date information. Henny & Paulie reserves the right to make changes to the information in this site, or to the Services, or update such information at any time without notice (including after you have submitted your order), but Henny & Paulie makes no commitment to correct or update this information.
HENNY & PAULIE SOFTWARE TERMS
In addition to these Conditions of Use, the terms within any software or application apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with the Services.
LINKS TO OTHER WEBSITES AND SERVICES
Henny & Paulie’s website may contain links to websites other than our own. Henny & Paulie assumes no responsibility for those sites, nor does it control the content or take responsibility of their content. It should not be implied that Henny & Paulie endorses or otherwise recommends such other websites or the products or services offered. You should carefully review their privacy statements and conditions of use, and any concerns regarding any such other websites or the products or services offered should be directed to the particular outside service or resource.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HENNY & PAULIE SERVICES ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. HENNY & PAULIE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE HENNY & PAULIE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES OF SATISFACTORY QUALITY, IMPLIED WARRANTIES OF MERCHANTIBILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICES, THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THE SERVICES. HENNY & PAULIE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY HENNY & PAULIE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY HENNY & PAULIE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
By using any Henny & Paulie Service, you agree that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Henny & Paulie, and any such dispute shall be resolved exclusively by court action only in the state and/or federal courts located in New York County, New York.
MODIFICATION AND SEVERABILITY
Liz & Sarp NewYork Inc.
231 West 39th Street #704
New York, NY 10018
Additional Henny & Paulie Software Terms
- Use of the Henny & Paulie Software. You may use Henny & Paulie Software solely for purposes of enabling you to use and enjoy the Services as provided by Henny & Paulie, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Henny & Paulie Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Henny & Paulie Software or otherwise assign any rights to the Henny & Paulie Software in whole or in part. You may not use the Henny & Paulie Software for any illegal purpose. We may cease providing any Henny & Paulie Software and we may terminate your right to use any Henny & Paulie Software at any time. Your rights to use the Henny & Paulie Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Henny & Paulie Software that are specifically identified in related documentation may apply to that Henny & Paulie Software (or software incorporated with the Henny & Paulie Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Service is the property of Henny & Paulie or its software suppliers and protected by worldwide copyright laws
- No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Henny & Paulie Software, whether in whole or in part, or create any derivative works from or of the Peace of Cloth Software.
- Updates. In order to keep the Henny & Paulie Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
- Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the Henny & Paulie Software. If you are a U.S. Government end user, we are licensing the Henny & Paulie Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Henny & Paulie Software are the same as the rights we grant to all others under these Conditions of Use.
Henny & Paulie will never sell your personal information.
You may also Opt-Out of Marketing Communications from Henny & Paulie by sending an email to email@example.com, or using the unsubscribe link located at the bottom of any automated email communication. Henny & Paulie will endeavor to honor your request promptly after receipt.
Types of Information We Collect
Personally Identifiable Information ("PII") is any information that can identify or is linked to a specific individual, such as your name, mailing address, telephone number (including mobile number), email address, credit card number, debit card number, bank account number and other financial account information, birth date, gender, occupation, personal interests, demographic, location and household information, etc. To the extent you voluntarily provide your PII to us, we collect such information. For example, as permitted by law, Henny & Paulie may collect PII from you when you:
- purchase one of our products or services, such as when you subscribe to our email contact list;
- enter into a transaction with us, such as ordering a product from Henny & Paulie through our online store;
- send information via message, chat, blog, post or similar functionality
- submit a request or inquiry to us
Engaging in an Identification Activity is a voluntary activity on your part. If you elect to engage in an Identification Activity, Henny & Paulie may ask you for certain PII. Depending on the activity, some of the information Henny & Paulie asks you to provide may be identified as mandatory and some may be identified as optional. If you do not provide the mandatory information for a particular Identification Activity which requires it, you will not be able to engage in that activity.
Aggregate and Anonymous Information ("AAI") is any information that cannot identify or be linked to a specific individual.
- anonymous group data (demographics, online browsing habits, interests and preferences, etc.) about users and members of the Peace of Cloth website.
- aggregate traffic data pertaining to the Henny & Paulie website and social media channels: total page views in a given time period; total impressions; average amount of time that Users spend on the Henny & Paulie website (or a part thereof) each time they visit; average amount of time that Users spend on each page of any one or more parts of the Henny & Paulie website; percentage of Users from a certain geographical area, etc.
Moreover, Henny & Paulie may combine "User Activity Information" (as described below) about you and other Users of the Henny & Paulie website and social media channels to generate aggregate information that reflects activities, habits, preferences, interests, etc. about our Users as a group. Henny & Paulie also collects location-based information such as zip code, city and state name. In addition, Henny & Paulie may take PII and make it non-personally identifiable, such as by aggregating your information with information about other individuals, or by removing personally-identifiable elements (such as names).
What We Do With the Information
As a general matter, Henny & Paulie uses information (PII and AAI) collected from and/or about our Users to
- improve our products
- to administer and maintain operations of the Henny & Paulie website
- to offer, market and advertise products and services to our Users
- to administer and manage transactions and relationships with our Users
- to personalize user experiences for our Users, and to build a strong community for our Users.
Our Use of Information
Transactional, Administrative, and Customer Relation Purposes
If you provide information to Henny & Paulie in connection with an Identification Activity, Henny & Paulie will process and use your information for all purposes related to that activity, including communicating and interacting with you in relation to your activity. For example:
- if you purchase a product from the Henny & Paulie website, Henny & Paulie will use your information to set up, administer, service, and communicate with you regarding your account
- if you join one of our mailing or contact lists, Henny & Paulie will use your information to send you or contact you with information that you have requested, or that may be of interest to you
- if you order a product or service from Henny & Paulie, your information will be used to process and fulfill your order, to communicate with you regarding the same, and to provide customer service to you.
Marketing & Advertising Purposes
Interest-based advertising: Henny & Paulie may use your PII to provide to you interest-based ads (i.e., ads potentially relevant or tailored to your interests) about products and services of Henny & Paulie. Sometimes, these ads are based on the types of products you have purchased. However, to make these ads as relevant as possible for you, Henny & Paulie may infer your interests.
Email marketing: If you provide your email address or mailing address to Henny & Paulie (such as by joining one of our mailing lists), such address may be used to send you product and service offers, promotions, and advertisements from Henny & Paulie.
Market Research Purposes
Henny & Paulie may use AAI (including AAI derived from PII) to conduct market research and analysis.
Disclosure to our Business Partners
The information you provide to Henny & Paulie is subject to be shared with business partners of Liz & Sarp NewYork Inc. (such as other brands of Liz & Sarp NewYork Inc).
Disclosure under other circumstances
Henny & Paulie may disclose PII and AAI to others if doing so is required by law or, in our good faith belief, is reasonably necessary to:
- comply with legal process (including a court order or subpoena)
- cooperate with law enforcement
- respond to an emergency
- protect the rights, property or safety of Henny & Paulie, one or more members of our Users, and/or the public.
Unrestricted disclosure of AAI
If you have an active user account on the Henny & Paulie website, you may access and update your user account information and preferences at any time by logging into your account.
Henny & Paulie will retain your PII for as long as your account is active or as needed to provide you products or services, and as necessary to comply with our legal obligations, resolve disputes, and enforce agreements. AAI and AAI may be retained indefinitely.
Cookies & Similar Technology
Third Party Functionalities
Use of Google Analytics for web analytics
For the purpose of website analytics, Henny & Paulie website uses Google Analytics, a web analytics service provided by Google LLC (www.google.com). Google Analytics uses methods such as cookies that enable an analysis of your use of our website. The information collected automatically by cookies is transmitted to and stored on a Google server in the United States. IP anonymization is enabled on this website. Generally, Google does not associate the anonymized IP address, transmitted from your browser through Google Analytics, with any other data held by Google.
Protecting the security of the Personally Identifiable Information that you share with Henny & Paulie is of the utmost importance to us. All communication via Web Browser between consumers and Henny & Paulie are encrypted using the Secure Socket Layer (SSL) protocol. All consumer information is stored in a database in a secured environment which is only accessible by key Henny & Paulie personnel. By providing your email address to Henny & Paulie, you acknowledge and agree that Henny & Paulie may notify you by email in the event of a breach of security involving your Personally Identifiable Information.
Keep your password in a safe place and do not divulge it to anyone. Also, remember to sign off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place, such as a library or an Internet cafe.