Opening Statement
Welcome to Modern Matters. Modern Matters and its affiliates provide their
services to you subject to the following conditions. If you visit or shop at
Modern Matters, you accept these conditions. Please read them carefully. In
addition, when you use any current or future Modern Matters service, purchase
from any affiliated business or visit any affiliated Web site whether or not it
is included in the Modern Matters Web site, you also will be subject to the
guidelines and conditions applicable to such service or business.
Privacy
Intellectual Property Rights (Copyright & Trademarks)
License and Site Access
Indemnification
Linked Internet Sites and SHOPS
No Screening of Third Party Advertisements
Restrictions on Visitor Reviews, Comments, and Other Content
Confidentiality Of Visitor Communications and Postings
Disclaimer of Warranties and Limitation of Liability
Purchases
Applicable Law
Disputes
Modification and Severability of Site Policies
Use In Jurisdiction
Entire Agreement
Notices
Privacy
Please review our Privacy Notice, which also governs your visit to Modern
Matters, to understand our practices.
Intellectual Property Rights
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons,
images and audio clips, is the property of Modern Matters 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 Modern
Matters and protected by U.S. and international copyright laws. All software
used on this site is the property of Modern Matters or its software suppliers
and protected by United States and international copyright laws.
TRADEMARKS
“Modern Matters”, “Object Culture”, “Object Culture
Network”, “bringing modern design home”; and other Modern
Matters graphics, logos, page headers, button icons, scripts, information,
data, software, photographs, graphs, videos, graphics, music, sounds and
service names are trademarks or trade dress of Modern Matters.
Modern Matters's trademarks and trade dress may not be used in connection with
any product or service that is not Modern Matters's, in any manner that is
likely to cause confusion among customers, or in any manner that disparages or
discredits Modern Matters. All other trademarks that appear on this site which
are not owned by Modern Matters or its subsidiaries are the property of their
respective owners, who may or may not be affiliated with, connected to, or
sponsored by Modern Matters.
Users are prohibited from using any Marks without the written permission of
Modern Matters or such third party which may own the Marks. All content on the
Site is protected by copyright.
License and Site Access
Modern Matters grants you a limited license to access and make personal use of
this site, but you may not download (other than page caching) or modify it, or
any portion of it, except with express written consent of Modern Matters. This
license does not include rights for 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 is
expressly prohibited.
This site or any portion of this site may not be reproduced, duplicated,
copied, sold, licensed, modified, or otherwise exploited for any commercial
purpose without express written consent of Modern Matters. 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 Modern Matters
and our affiliates without express written consent. You may not use any
metatags or any other "hidden text" utilizing Modern Matters's name
or trademarks without the express written consent of Modern Matters. Any
unauthorized use terminates the permission or license for use granted by Modern
Matters.
You are granted a limited, revocable, and nonexclusive right to create a
hyperlink to the home page of Modern Matters so long as the link does not
portray Modern Matters, its affiliates, or their products or services in a
false, misleading, derogatory, or otherwise offensive matter. You may not use
the Modern Matters logo or other proprietary graphic or trademark as part of
the link without express written permission except for the use of the logos
described on this page in the manner specified.
Indemnification
You agree to indemnify, defend and hold harmless Modern Matters, its officers,
directors, employees, agents, licensors, suppliers and any third party
information providers to the Service from and against all losses, expenses,
damages and costs (including reasonable attorneys fees) resulting from any
violation of this Agreement (including negligent or wrongful conduct) by you or
any other person accessing the Service.
Linked Internet Sites and SHOPS
Parties other than Modern Matters and its subsidiaries operate stores, provide
services, and/or sell product lines on this site. Other businesses and
individuals offer products in our ‘Shops’, ‘Classified Ads’
and ‘Auctions’ sections. In addition, we provide links to the sites
of affiliated companies and certain other businesses. We are not responsible
for examining or evaluating the offerings of any of these businesses or
individuals or the content of their Web sites, nor do we warrant or guarantee
them. The user is responsible for evaluating the merits of such content. Please
seek the advice of professionals, as appropriate, regarding the evaluation of
any specific information, opinion, advice, or other content.
Modern Matters does not assume any responsibility or liability for the
actions, products, services, advice, statements and/or other content of all
these and any other third parties. You should carefully review their privacy
statements and other conditions of use.
No Screening of Third Party Advertisements
Modern Matters does not screen or endorse advertisements or communications
submitted by third party licensees, advertisers, or subscribers for electronic
dissemination through Modern Matters. Users are therefore advised to use their
own judgment to evaluate all advertisements and other communications available
at or through the use of Modern Matters prior to purchasing goods and/or
services, or otherwise responding to any communication at Modern Matters.
Restrictions on Visitor Reviews, Comments, and Other Content
Visitors may post reviews, comments, and other content (i.e. submit chat room
dialogue); send e-cards and other communications; 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 or objectionable to third
parties, 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. Modern Matters reserves the right (but does not have the obligation)
to remove or edit such content. Modern Matters does not regularly review posted
content. If you do post content or submit material, and unless we indicate
otherwise, you grant Modern Matters and its affiliates 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 Modern Matters and its affiliates 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 Modern Matters or its
affiliates for all claims resulting from content you supply.
Modern Matters has the right but not the obligation to monitor and edit or
remove any activity or content. Modern Matters takes no responsibility and
assumes no liability for any content posted by you or any third party.
Confidentiality of Visitor Communications
Visitor Communications to Modern Matters
Except as required by law, Modern Matters will maintain the confidentiality of
all user communications that contain personal user information and which are
transmitted directly to Modern Matters.
Postings
Postings by a user on any message board will not be protected as confidential,
and Modern Matters may use and provide information contained in any such
postings (including any ideas, concepts, know-how or other intellectual
property) to its parent company, subsidiaries and affiliates for any purpose
whatsoever as deemed appropriate by Modern Matters.
Disclaimer of Warranties and Limitation of Liability
THIS SITE IS PROVIDED BY Modern Matters ON AN "AS IS" AND "AS
AVAILABLE" BASIS. Modern Matters MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE
INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU
EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Modern Matters DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Modern
Matters DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM
Modern Matters ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Modern Matters
WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS
SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES.
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.
Terms & Conditions of Use
All purchases are made through Modern Matters affiliate shops ("Modern
Matters Afilliates".) Accordingly, all purchases are pursuant to the Terms
and Conditions of the respective site.
Purchases
General
Visitors agree to purchase the products and services ordered on the various
order screens when user clicks on the "SUBMIT," "ORDER" or
similar button on the product or service order screens. The terms of the
purchase agreement include the information included on the various order
screens and the terms of this Section regarding Purchases. Such agreement is in
addition to and not in lieu of the agreement with user formed by user's use of
the Internet site.
Risk of Loss
All items purchased from Modern Matters Affiliates are made pursuant to a
shipment contract. This means the risk of loss and title for such items pass to
you upon our delivery to the carrier.
Product Descriptions
Modern Matters Affiliates attempt to be as accurate as possible in describing
products for purchase. However, Modern Matters Affiliates do not warrant that
product descriptions or other content of this site are accurate, complete,
reliable, current, or error-free. If a product offered by a Modern Matters
Affiliate is not as described, your sole remedy is to contact the Modern
Matters Affiliate directly.
Product Warranty by Manufacturer
Many of the items offered by Modern Matters Affiliates are of a vintage age and
therefore in used condition. These products do not have any associated
Manufacturer’s Warranty. In some instances items may be new and in current
production and these may have available Warranties from the Manufacturer. In
these instances the Terms and Conditions of the respective Modern Matters
Affiliate site must be referred to.
Availability
Modern Matters Affiliates update products and services on a continuous basis
and try to provide up-to-date product availability information on this Internet
site. However, many products are unique or one-of-a-kind and sometimes products
are sold or unexpectedly unavailable. You will be informed if any products you
ordered turn out to be unavailable or if any service you ordered has been
changed.
Prices, Taxes and Shipping & Handling
Prices posted by Modern Matters Affiliates are in no way warranted to be
correct. Errors can occur despite appropriate diligence. We do make an effort
to be as accurate as is possible and will correct any errors as soon as
possible after they are discovered. Most prices posted will not include charges
for shipping, insurance or applicable taxes or duty that may be required. If
posted prices include any of these charges it will be noted in the respective
items description. We will notify you of any additional charges that will be
necessary before processing your order if that has not explicitly been stated
during the order process. Be aware that you may have additional required tax or
duty charges imposed by your locality, state or country. The purchaser is
responsible for any of these additional charges.
Applicable Law
This site is created and controlled by OBJECT CULTURE INC. in the State of New
Jersey, USA. As such, the laws of the State of New Jersey will govern these
disclaimers, terms and conditions, without giving effect to any principles of
conflicts of laws. We reserve the right to make changes to our site and these
disclaimers, terms and conditions at any time.
Disputes
Any dispute relating in any way to your visit to Modern Matters or to products
you purchase through Modern Matters shall be submitted to confidential
arbitration in Camden County, New Jersey, except that, to the extent you have
in any manner violated or threatened to violate Modern Matters's intellectual
property rights, Modern Matters may seek injunctive or other appropriate relief
in any state or federal court in the State of New Jersey. You consent to
exclusive jurisdiction and venue in such courts. Arbitration under this
agreement shall be conducted under the rules then prevailing of the American
Arbitration Association. The arbitrator's award shall be binding and may be
entered as a judgment in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under this Agreement shall
be joined to an arbitration involving any other party subject to this
Agreement, whether through class arbitration proceedings or otherwise.
Modification and Severability of Site Policies
We reserve the right to make changes to our site, policies, and these
Conditions of Use at any time. If any of these conditions shall be deemed
invalid, void, or for any reason unenforceable, that condition shall be deemed
severable and shall not affect the validity and enforceability of any remaining
condition. Please review our other policies, such as our Purchases and
Availability policy, posted on this site. These policies also govern your visit
to Modern Matters.
Use In Jurisdiction
Modern Matters has endeavored to comply with all legal requirements known to
it in creating and maintaining this Site, but makes no representation that
materials on this Site are appropriate or available for use in any particular
jurisdiction.
Use of this Site is unauthorized in any jurisdiction where all or any portion
of this Site may violate any legal requirements, and you agree not to access
this Site in any such jurisdiction. You are responsible for compliance with
applicable laws. Any use in contravention of this provision, or any provision
of this agreement, is at your own risk, and if any part of this agreement is
invalid or unenforceable under applicable law, the invalid or unenforceable
provision will be deemed to have been superseded by a valid, enforceable
provision that most closely matches the intent of the original provision, and
the remainder of the agreement shall govern such use.
Entire Agreement
This agreement constitutes the entire agreement between you and Modern Matters
with respect to this Site. This agreement supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between you and Modern Matters with respect to this Site.
Notices
Notices from Modern Matters to Subscribers may be given by means of e-mail, by
general posting on Modern Matters, or by conventional mail. Communications from
you to the Company may be made by e-mail or U.S. mail. All questions,
complaints, or notices to Modern Matters may be sent in the following manner:
A. By means of the web site form
B. By U.S. Mail to:
Object Culture - Modern Matters
1221 Woodland Avenue
Scotch Plains, NJ 07076
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