Calypso

25% off Friends & Family promotion

VALID IN BOUTIQUES, AU MARCHE OUTLETS & ONLINE THRU SUNDAY 10/26/14 AT 11:59PM EST. NOT VALID ON FUR, SPECIAL ORDERS, LIGHTING, FURNITURE, ART, MIRRORS, OR PREVIOUS PURCHASES. NO PRICE ADJUSTMENTS. NOT APPLICABLE TOWARDS THE PURCHASE OF GIFT CARDS. CANNOT BE COMINED WITH OTHER OFFERS, PROMOTIONS OR GIFT CARDS. NOT REDEEMABLE FOR CASH OR CREDIT. WE RESERVE THE RIGHT TO CANCEL OR MODIFY THE PROMOTION AT ANY TIME.

calypsostbarth.com—Terms Of Use

Please read these terms of use carefully

The following terms and conditions (the “Terms of Use”) govern your use of the web site currently located at calypsostbarth.com and the subdomains thereof (the “Web site”). The Web site is managed by Calypso St. Barth, Inc. (referred to herein as “Calypso,” or “we,” or “us,” or “our”).

We may change these Terms of Use from time to time, by posting such changes on the Web site, and such changes will be effective upon any further use of the Web sit. The "Last Modified" date will indicate when the latest changes were made to the Terms of Use. BY USING THE WEB SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE AS APPLIED TO YOUR USE OF THE WEB SITE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT ACCESS OR OTHERWISE USE THE WEB SITE.

1. Proprietary Rights. As between you and us, and except for your Submitted Materials (as defined in Section 5 below), we own, solely and exclusively, all rights, title and interest in and to the Web site, all the content (including, but not limited to, all audio, photographs, images, illustrations, renderings, drawings, Webcasts, RSS feeds, podcasts, reports, papers, research, other services, graphics, charts, logos, widgets, gadgets, applets, other distributable applications, other visuals, video and copy), software, code, data and other materials thereon (collectively, the “Site Content”), the look and feel, design and organization of the Web site, and the compilation of the Site Content, including but not limited to any copyrights, trademark rights, patent rights and other intellectual property and proprietary rights therein. Your use of the Web site does not grant to you ownership or title of, in or to any Site Content or any other part of the Web site.

2. Limited License. Subject to the terms and conditions set forth herein, you may access, view, use and display the Web site and Site Content on your computer or other Internet-capable device, provided that you comply fully with these Terms of Use. The Web site and Site Content are for your personal and noncommercial use only. If you do not agree to this Terms of Use in its entirety, you are not authorized to use the Web site in any manner or form. These Terms of Use constitute the legal agreement between us.

3. Trademarks. The trademarks, logos, service marks and trade names that may be displayed on the Web site or on Site Content are registered and unregistered trademarks of Calypso and other persons (collectively, the “Trademarks”), and may not be used unless authorized expressly on the Web site or in these Terms of Use, or by the applicable Trademark owner. Nothing contained on the Web site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Web site without our written permission or that of the third party rights holder.

4. User Information. In order to make purchases, open an account, sign-up for e-newsletters and/or participate in certain activities on the Web site, you may be required to submit certain personal information. Our information collection and use policies with respect to any user information submitted on or through the Web site are set forth in the Web site’s Privacy Policy, which is incorporated herein by reference for all purposes. When submitting information to the Web site, you agree to provide only true, accurate, current and complete information, and you accept all responsibility for all activities that occur under your account. We reserve the right, in our sole discretion and without notice to you, to terminate your account and/or to restrict your access to all or part of the Web site for any reason, including without limitation for extended periods of inactivity and if you provide untrue, inaccurate, not current and incomplete information or we have reasonable grounds to suspect that the information is untrue, inaccurate, not current or incomplete. We shall have no liability associated with or arising from your failure to maintain accurate information with us, including, but not limited to, your failure to receive critical information about the Web site.

5. Submitted Materials.   Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Web site, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (including, for example and without limitation, that which you submit or post to our chat rooms, message boards, and/or our blogs, or send to us via e-mail) (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with these Terms of Use and our  Privacy Policy. By submitting, posting or sending Submitted Materials to us or the Web site, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any "moral rights" in Submitted Materials have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Submitted Materials that you provide to us, and we may delete or destroy any such Submitted Materials at any time.

6. Rules of Conduct. While accessing or using the Web site, the Site Content and the various other features available on the Web site, in addition to any other supplementary terms, rules and/or guidelines that may be posted, you agree that you shall not:

  • impersonate any person or entity or misrepresent your affiliation with any other person or entity;
  • use, redistribute, republish or exploit any part of the Web site or any Site Content for any commercial or promotional purposes, or contact any other user of the Web site for commercial or promotional purposes, or offer to buy or sell any product or service on or through your activities on the Web site;
  • alter, edit, delete, remove, fail to display, otherwise change the meaning or appearance of, or repurpose any of the Site Content (or attempt to do any of the foregoing), including, without limitation, any trademarks, trade names, logos, service marks, promotional taglines, or any other proprietary content or proprietary rights notices included therein or thereon;
  • obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Web site through any means, including through means not intentionally made publicly available or provided for through the Web site;
  • engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Web site, or obtaining lists of users or other information from or through the Web site, including, without limitation, any information residing on any server or database connected to the Web site;
  • use the Web site or its features and services in any manner that could interrupt, damage, disable, overburden or impair the Web site or interfere with any other party's use and enjoyment of the Web site, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests;
  • circumvent, reverse engineer, decrypt, or otherwise alter or interfere (or attempt, encourage or support any one else’s attempt to do any of the foregoing) with the Web site or its services or any software on the Web site;
  • upload, post, transmit, distribute or otherwise publish to, on or through the Sites, any information, content or materials which are false, fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, incendiary, pornographic, profane, sexually explicit or indecent, including without limitation, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
  • use the Web site or the Site Content to, or in any other manner, violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;
  • upload, post, publish, distribute or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind; or
  • use the Web site or its services (or any Site Content), in whole or in part, in violation of any applicable law.

7. Electronic Communications. You hereby consent to receive communications from us electronically. You agree that all disclosures, notices, agreements, and other communications you receive from us electronically satisfy any legal requirement for such communications to be in writing. We do not accept any liability or responsibility for emails or other electronic communications that are intercepted, garbled, lost or not received.

8. Public Forums. The Web site may include certain features that would allow users to interact and communicate with each other and/or with the general public (such as blogs and other similar forums, areas and services) (collectively, the “Forums”). All of the terms and conditions set forth in these Terms of Use (and any other supplementary terms and conditions that may be made available in connection with the Forums), are applicable to your use of the Forums. It is important to remember that content submitted to a Forum may be recorded and stored in multiple places, both on the Web site and elsewhere on the Internet, and you may have no control over who will access or view them eventually. Therefore, you should be careful and selective about the information and content that you choose to disclose in such Forums and on the Web site in general about yourself and others, and in particular, you should not disclose any sensitive, proprietary or confidential information or content in your submissions to the Forums.

9. Right to Monitor and Editorial Control. We reserve the right (but do not have nor assume any obligation) to monitor and/or review all information and materials submitted to the Web site (including, without limitation, any Forums). We are not responsible for any such materials. However, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request (subject to our Privacy Policy), or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion, are objectionable or in violation of these Terms of Use, any of our policies or applicable law. We may also impose limits on certain features or restrict your access to part or all of the Web site, without notice or penalty, if we believe you are in breach of these Terms of Use or applicable law, or for any other reason without notice or liability.

10.  Indemnification. You agree to defend, indemnify and hold us and our directors, officers, employees and agents harmless from any and all claims, liabilities, actions, suits, proceedings, judgments, fines, damages, losses, costs and expenses, including reasonable attorneys' fees and/or settlement costs, arising in any way from (i) your use of the Web site or the Site Content, (ii) your Submitted Materials, in whole or in part, or (iii) your breach or violation of the law, rule and regulation or these Terms of Use. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with any such defense.

11. Purchases. You may only order items from the Web site if, and you hereby represent and warrant that, you are domiciled in the United States and you are 18 years old, or the age of majority in your jurisdiction, or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Calypso. You agree to pay all applicable taxes and shipping costs. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Site may be subject to additional terms and conditions presented to you at the time of such purchase or download.
We do not authorize the purchase of our products for resale purposes, and we therefore may, in our sole determination and discretion, limit or cancel certain quantities purchased per person, per household or per order. These restrictions may apply to certain orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We also may restrict orders that may appear to us to be placed by dealers, resellers or distributors, and these limitations apply to purchases made online and offline.
Descriptions or images of, or references to, products or services on the Web site do not express or imply our endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references, or to limit the order quantity on any product or service and/or refuse service to you. Verification of information may be required prior to Calypso's acceptance of any order. Price and availability of any product or service are subject to change without notice.
For our Returns and Shipping policies, please visit this page of our Web site. Any shipping times listed at such page are indicative only and we shall have no liability to you for any delay or failure to deliver products within the estimated timescales. Also, please note that products displayed may be out-of-stock or discontinued, and prices are subject to change. We are not responsible for typographical errors regarding price or any other matter.

12. Third Party Web Sites.  You may be able to link from the Web site to third party web sites and third party web sites may link to the Web site (“Linked Sites”). You acknowledge and agree that we have no responsibility for any information, content, advertising, products, services or other materials on any Linked Sites, and that links to Linked Sites do not necessarily constitute an endorsement, approval or sponsorship thereof by us. You acknowledge and agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of you accessing any Linked Sites or for your use or inability to use such websites. If you choose to rely on any Linked Site, you are doing so at your own risk and you assume all responsibilities and consequences resulting from such choice. We encourage you to review each third party website's user terms and privacy policy before you use services provided by third parties.

13. DISCLAIMER OF WARRANTIES. THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY AND ALL SERVICES, FORUMS, CONTENT, FUNCTIONS, DOWNLOADS AND MATERIALS THEREON, ARE PROVIDED "AS IS," "AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE WEB SITE, THE SERVICES, THE PRODUCTS, THE FORUMS OR THE SITE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED IN A TIMELY MANNER OR AT ALL. WE MAKE NO WARRANTY THAT THE WEB SITE, THE SERVICES OR THE PRODUCTS ON THE WEB SITE, IN WHOLE OR IN PART, WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US, OR FROM OR THROUGH THE WEB SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE WEB SITE OR YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE WEB SITE. IF YOU ARE DISSATISFIED WITH THE WEB SITE, YOU SHOULD DISCONTINUE USING THE WEB SITE. WE DO NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY SITE CONTENT OR ANY SUBMITTED MATERIALS, OR ANY OPINION, RECOMMENDATION, CONTENT, LINK, DATA OR ADVICE EXPRESSED OR IMPLIED THEREIN, AND WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION WITH SUBMITTED MATERIALS AND ANY OTHER CONTENT, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE WEB SITE CREATED OR PROVIDED BY USERS OR OTHER THIRD PARTIES. USE OF THE WEB SITE, CREATION OF AN ACCOUNT OR THE SUBMISSION OF ANY SUBMITTED MATERIALS DOES NOT GUARANTEE ACCEPTANCE OR USE THEREOF.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, WE AND OUR AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES PROVIDED VIA THE WEB SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCTS OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE WEB SITE OR IN CORRESPONDENCE WITH US OR OUR AGENTS. ANY PRODUCTS AND SERVICES PROVIDED VIA THE WEB SITE ARE PROVIDED BY US (OR OUR LICENSORS OR THIRD PARTY PROVIDERS OR SUPPLIERS) “AS IS”, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND US OR THE LICENSOR OR SUPPLIER. WHILE WE DO OUR BEST TO DISPLAY COLORS AND SIZING AS ACCURATELY AS POSSIBLE, YOU UNDERSTAND THAT COLORS OR SIZING OF OUR PRODUCTS MAY APPEAR DIFFERENTLY IN REAL LIFE THAN THEY DO ON YOUR SCREEN.


14. LIMITATION OF LIABILITY. IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OR ANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED ENTITIES”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEB SITE OR THE CONTENT, MATERIALS AND FUNCTIONS OF OR RELATED THERETO, YOUR PROVISION OF INFORMATION OR CONTENT VIA THE WEB SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE RESPONSIBLE OR LIABLE FOR OR IN CONNECTION WITH ANY DISPUTE BETWEEN OR AMONGST USERS OF THE WEB SITE, OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE WEB SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE WEB SITE EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE AMOUNT(S), IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE WEB SITE, OR (B) TEN DOLLARS ($10). ALL USERS OF THIS WEB SITE UNDERSTAND AND AGREE THAT (I) THE MUTUAL AGREEMENTS MADE IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK, AND (II) THE PARTIES HERETO WOULD NOT HAVE ENTERED INTO THESE TERMS OF USE WITHOUT THESE LIMITATIONS ON LIABILITY.

15. Jurisdictional Issues. The Web site is intended for users who are located in the United States of America. To the fullest extent permitted by applicable law, we do not represent that materials on the Web site are appropriate or available for use in other locations. Persons who choose to access the Web site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Note that some of the features on the Web site may be available solely to United States users, as determined in our sole discretion.

16. Termination. We may terminate, change, suspend or discontinue any aspect of the Web site at any time. We may restrict, suspend or terminate your access to the Web site, to any Site Content and/or its services if we believe you are in breach of the these Terms of Use or applicable law, or for any other reason without notice or liability. We maintain a policy that provides for the termination in appropriate circumstances of the Web site use privileges of users who are repeat infringers of intellectual property rights.

17. Miscellaneous. These Terms of Use and the relationship between you and us shall be governed by the laws of the United States and the State of New York, without regard to its conflict of law provisions. You agree that any cause of action that may arise under the Terms of Use shall be commenced and be heard in the appropriate court in the State of New York, County of New York. You agree to submit to the personal and exclusive jurisdiction of the courts located within New York County in the State of New York. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. To the extent permitted by law, you agree to waive any right that you may have to participate in any class action litigation involving, related to or arising from the Site. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. We shall have the right, in addition to other remedies available to us pursuant to these Terms of Use, to immediate injunctive relief against you. Nothing contained in these Terms of Use shall be construed to limit remedies available pursuant to statutory or other claims that we and our licensors may have under separate legal authority. To the extent that anything in or associated with the Web site is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence. No relationship other than that of a service provider and customer shall be created through operation of these Terms of Use.

18. Copyright. We respect the intellectual property rights of others, and require that the people who use the Web site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (the “DMCA”), named below:

  • Your address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Copyright Agent:
Chief Financial Officer
3302 Skillman Avenue 5th Floor
Long Island City, New York 11101
212-219-8900 x 6083
cfo@calypsostbarth.com

Any questions or comments regarding, or problems with, the Web site or the Terms of Use should be sent to:

Chief Financial Officer
3302 Skillman Avenue 5th Floor
Long Island City, New York 11101
212-219-8900 x 6083
cfo@calypsostbarth.com
Last Modified: September 2012
© 2012 Calypso St. Barth. All rights reserved.

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