Terms of Use – Afternoon Light
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TERMS OF USE

Welcome to the Afternoon Light.

Afternoon Light, LLC (“Afternoon Light”) maintains a Website at www.afternoonlight.com (collectively, including all Content (as defined below) available through the www.afternoonlight.com domain name and any mobile device application or desktop application developed by us or on our behalf, the “Website”) for your information, personal use and the conduct of business. You may use the Website for lawful purposes only. Please read these Terms of Use carefully. Your access to and use of the Website is subject to and governed by the Terms of Use set forth below. These Terms of Use apply to all users of the Website, including users who are purchasers of items, as well as contributors of content, information, and other materials or services on the Website. If you do not agree to the terms and conditions of this Terms of Use, please do not make any use of the Website.

YOUR ACCEPTANCE

Please read these Terms of Use carefully before you start to use the Website. By clicking “accept” or “agree” to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated by reference. If you do not want to agree to both these Terms of Use and the Privacy Policy, you may not access or use the Website.

WEBSITE ACCESS

Afternoon Light hereby grants you permission to use the Website as set forth in these Terms of Use, provided that: (i) your use of the Website is solely for your personal use; (ii) you will not copy or distribute any part of the Website in any medium without Afternoon Light’s prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use. Afternoon Light reserves the right to terminate any user’s use of or access to the Website at any time in its sole discretion.

You may be required to register with Afternoon Light in order to access certain areas of the Website, for example, to access certain content, purchase products, or otherwise initiate Transactions (as defined below). When creating your account, you must provide accurate and complete information. Afternoon Light may refuse to allow you to create an account using a user name or email address that belongs to or is already being used by another person; that may be construed as impersonating another person; that violates the intellectual property or other rights of any person; that is offensive; or that Afternoon Light otherwise rejects for any other reason in its sole discretion.

You are responsible for maintaining the confidentiality of any password you may use to access the Website, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Website, to any third party. You are solely responsible for the activity that occurs on your account. You may never use another’s account without permission. You must notify Afternoon Light immediately of any breach of security or unauthorized use of your account. Although Afternoon Light will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Afternoon Light or others due to such unauthorized use.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that access the Website in a manner that sends more request messages to the Afternoon Light servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Afternoon Light grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials.

Afternoon Light reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

RULES OF CONDUCT

As a condition of your continued use of the Website, you agree that you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use. In the access or use of the Website, you shall comply with these Terms of Use and the special warnings or instructions for access or use posted on the Website. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Website or any Content (defined below) or services that may appear on this Website and may not impair in any way the integrity or operation of the Website. Without limiting the generality of any other provision of these Terms of Use, if you default negligently or willfully in any of the obligations set forth in these Terms of Use, you shall be liable for all the losses and damages that this may cause to Afternoon Light, our affiliates, partners or licensors, as applicable.

By way of example, and not limitation, you agree not to:

Post, transmit, or otherwise make available through or in connection with the Website:

Any information or materials that are or may be, or the posting, transmission or use of which is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory or libelous; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right.

Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.”

Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage, hijack, disable, interfere with, or disrupt the operation of, or monitor the use of, any hardware, software or equipment.

Any unsolicited or unauthorized advertisements, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation that is not expressly approved in writing by Afternoon Light in advance.


Any personally identifiable information of another individual, without the prior consent of such individual.
Any material, non-public information about a company, without the proper authorization to do so.


Use the Website for any fraudulent or unlawful purpose.
Use the Website to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or to harvest or collect information about users of the Website.
Impersonate any person or entity, including without limitation any representative of Afternoon Light; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Website; or express or imply that Afternoon Light endorses any statement you make.


Interfere with or disrupt the operation of the Website or the servers or networks used to make the Website available or take any action that imposes or may impose an unreasonable or disproportionately large strain on the Website and its technical infrastructure; or violate any requirements, procedures, policies or regulations of such networks.


Restrict or inhibit any other person from using the Website (including without limitation by hacking or defacing any portion of the Website).


Interfere with, render unreadable or otherwise obscure any Website feature including any advertisements.


Use the Website to advertise or offer to sell or buy any goods or services for any business purpose, without Afternoon Light’s express prior written consent.


Reproduce, duplicate, copy, sell, resell, link to or otherwise exploit for any commercial purposes, any portion of, use of, or access to, the Website.


Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website.


Remove any copyright, trademark or other proprietary rights notice from the Website or materials originating from the Website.


Frame or mirror any part of the Website.


Create a database by downloading and storing Website content.


Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather Afternoon Light Website content or reproduce or circumvent the navigational structure or presentation of the Website without Afternoon Light’s express prior written consent.

INTELLECTUAL PROPERTY RIGHTS

All information and content available on the Website and its “look and feel,” except all User Submissions (as defined below), including but not limited to trademarks, logos, service marks, text, graphics, logos, button icons, images, audio/video clips, data compilations and software, and the compilation and organization thereof (collectively, the “Content”) is the property of or is licensed to Afternoon Light, , and all is protected by United States and international laws, including laws governing copyrights and trademarks. The reproduction and use of any of these by you is prohibited unless specific permission is provided on the Website or otherwise. No consent to use shall be implied. Any unauthorized use may violate copyright laws, trademark laws, privacy and publicity laws, and/or communications regulations and statutes of the United States and foreign laws and international conventions.

The trademarks, service marks, logos, and other indicia of Afternoon Light (collectively the “Trademarks”) which appear on the Website are registered and unregistered trademarks of Afternoon Light and others. Nothing contained on the Website should be construed as granting, by implication or otherwise, any right, license or title to any of the Trademarks without the advance written permission of Afternoon Light or such third party as may be appropriate. All rights are expressly reserved and retained by Afternoon Light. Your misuse of any of the Trademarks displayed on the Website, or any other content on the Website, except as provided in these Terms of Use, is strictly prohibited. You are also advised that Afternoon Light considers its intellectual property to be among its most valuable assets, and will aggressively enforce its intellectual property rights to the fullest extent of the law.


Both the Website and the content of the Website are provided “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Afternoon Light reserves all rights not expressly granted in and to the Website and the Content. Afternoon Light is not responsible for any errors or inaccurate pricing or other information. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions (as defined below) of third parties obtained through the Website for any commercial purposes.

If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein. Afternoon Light does not make any representations or warranties, whether express or implied, regarding or relating to the Website or any associated hardware or software, including the content or operations of either.
The opinions expressed on the Website are those of the author(s) and do not reflect the opinions of Afternoon Light or and any of its affiliates. Afternoon Light does not guarantee the accuracy or completeness of any information contained in anything on the Website, and neither Afternoon Light nor its authors shall be responsible for any errors, omissions, or claims for damages, including exemplary damages, with regard to the content, accuracy or sufficiency of the information contained in any publications. No part of any published work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the express written permission of Afternoon Light. All rights are expressly reserved.

USER SUBMISSIONS

We do not accept unsolicited suggestions and/or ideas. All inquiries, feedback, suggestions, ideas or other information you provide us (collectively, “Submissions”) will be treated as non-proprietary and non-confidential. By transmitting or posting any Submission, you hereby grant us full ownership of the Submission as if we had created, developed and posted the Submission for our own purposes. We reserve the right to copy, use, reproduce, modify, adapt, translate, publish, license, distribute, sell or assign the Submission in any way as we see fit, including but not limited to copying in whole or in part, creating derivative works from, distributing and displaying any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works, or using the Submission within or in connection with our products or services. You also acknowledge that your Submission will not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, without payment of money or any other form of consideration, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.


If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.

The Website may now or in the future permit the submission of content by you or communications submitted by you and/or other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Afternoon Light does not guarantee any confidentiality with respect to any submissions.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Afternoon Light to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Use.
By submitting the User Submissions to Afternoon Light, you hereby grant Afternoon Light a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Afternoon Light Website and Afternoon Light’s (and its successor’s) business, including without limitation for promoting and redistributing part or all of the Afternoon Light Website (and derivative works thereof) in any media formats and through any media channels. You also grant each user of the Afternoon Light Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Use. The foregoing license granted by you terminates once you or we remove or delete a User Submission from the Website.


You agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Afternoon Light all of the license rights granted herein, including sampled music; (ii) publish falsehoods or misrepresentations that could damage Afternoon Light, our content partners, suppliers, or any other third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.

Afternoon Light does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Afternoon Light expressly disclaims any and all liability in connection with User Submissions. Afternoon Light does not knowingly permit infringement of intellectual property rights on its Website, and Afternoon Light will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. Afternoon Light reserves the right to remove Content and User Submissions without prior notice. Afternoon Light will also terminate a User’s access to its Website, or any portion thereof, if a User is determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than two times and/or has had a User Submission removed from the Website more than twice. Afternoon Light also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Afternoon Light may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS AFTERNOON LIGHT AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY AFTERNOON LIGHT, ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS, OR LAW ENFORCEMENT AUTHORITIES.

If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;


Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;


A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and


A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


Afternoon Light’s designated Copyright Agent to receive notifications of claimed infringement is:

Randy M. Friedberg, Esq.,
Stradley Ronon Stevens & Young, LLP,
100 Park Avenue, Suite 2000,
New York, New York 10017;
email: rfriedberg@stradley.com.

Only DMCA notices should go to the Copyright Agent. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Afternoon Light suggests that you consult your legal advisor before filing a notice. Please be aware that there are penalties for false claims under the DMCA. Any other feedback, comments, requests for technical support, and other communications should be directed to Afternoon Light’s customer service email address, hi@afternoonlight.com. You acknowledge that if you fail to comply with all of the requirements of this Section (F), your DMCA notice may not be valid.

You understand that when using the Website, you may be exposed to Partner and User Submissions from a variety of sources, and that Afternoon Light is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Afternoon Light with respect thereto, and agree to indemnify and hold Afternoon Light, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
Afternoon Light reserves the right to discontinue any aspect of the Website or any product offering at any time, with or without notice.

LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES

You may link to the Website’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Website.

Send emails or other communications with certain content, or links to certain content, on this Website.

Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.


You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must not contain any information or material that would be prohibited by the Rules of Conduct set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

ONLINE VIDEOS

The Website may now or in the future host certain video content for your use and benefit. You agree to comply with all terms and conditions surrounding your use of any video content available on the Website including but not limited to all usage restrictions, e.g., limited time for viewing, no copies, and not to circumvent or attempt to circumvent security features.

LINKS TO THIRD PARTY WEBSITES

For your convenience, the Website may contain links to the websites of third parties on which you may be able to obtain information or content and/or download software (“External Sites”). Except as otherwise noted, such External Sites, and such information, content and software are provided by third parties which are not affiliated with and are independent of Afternoon Light. Afternoon Light does not endorse or make any representations or warranties concerning External Sites, and may have not reviewed their content or software. Afternoon Light has no control over, and assumes no responsibility for, the content, privacy policies, or practices of External Sites. In addition, Afternoon Light cannot censor or edit the content of any External Sites. Therefore, Afternoon Light makes no representation as to the accuracy or any other aspect of the information contained in or on External Sites or their sources or servers, nor does Afternoon Light necessarily endorse any External Sites or their content. Your linking to or from any External Sites is at your own risk. By using the Website, you expressly relieve Afternoon Light from any and all liability arising from your use of any External Sites. Accordingly, we encourage you to be aware when you leave the Afternoon Light Website and to read the terms and conditions and privacy policy of any External Sites that you visit.

SWEEPSTAKES, CONTESTS, AND SIMILAR PROMOTIONS

Any sweepstakes, contest, or other promotion made available through the Website will be governed by specific rules that are separate from these Terms of Use. In order to participate in any such sweepstakes, contest, or promotion, you will have to agree to be subject to the applicable rules. You should read the applicable rules, if any, which will be linked from the particular promotion.

PURCHASES AND OTHER TRANSACTIONS

When you purchase products using the Website, you are purchasing them from the third party partners (“Partner(s)”) identified on the Website. It is important that you understand that the contract for the purchase of the products is between you and the relevant Partner. We are acting as agent on behalf of the Partners, which are the principals. You are not purchasing the products from us. We are authorized by the relevant Partners to conclude the contract on their behalf but we are not a party to that contract and you are not purchasing the products from us.

ALL PRODUCTS AVAILABLE FOR PURCHASE THROUGH THE WEBSITE, EXCEPT ITEMS IDENTIFIED AS VINTAGE, ARE MANUFACTURED BY OR ON BEHALF OF OUR THIRD-PARTY PARTNERS, AND NOT BY OR ON BEHALF OF AFTERNOON LIGHT, INCLUDING WITHOUT LIMITATION, AFTERNOON LIGHT-BRANDED PRODUCTS. ACCORDINGLY, AFTERNOON LIGHT HAS LIMITED OR NO CONTROL OVER THE QUALITY, SAFETY, LEGALITY OR SUITABILITY OF ANY SUCH PRODUCT AND ASSUMES NO LIABILITY WITH RESPECT TO ANY SUCH PRODUCT.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINTED ANYWHERE HEREIN, VINTAGE SALES ARE SOLD “AS IS”. AFTERNOON LIGHT SHALL HAVE NO RESPONSIBILITY FOR CONFIRMING THE AUTHENTICITY, VALUE OR CONDITION OF ANY VINTAGE PIECE.

If you wish to place an order through the Website (each such order or other transaction, a “Transaction”), you may be asked to supply certain information relevant to your Transaction, including without limitation your credit card number, your credit card verification or other security code, the expiration date of your credit card, your billing address and your shipping information to our third-party payment processor (our “Processor”). Any such information provided to our Processor through the Website will be treated by Afternoon Light in accordance with these Terms of Use and our Privacy Policy https://afternoonlight.com/pages/privacy. Please note that any payment transaction you conduct through our Website will be subject to our Processor’s terms of use, privacy policy, and other practices. Verification of information may be required prior to the acknowledgment or completion of any Transaction. By initiating any Transaction, you represent and warrant that you have the legal right to use any credit card(s) or other payment means used to initiate such Transaction.

All Transactions are subject to availability and confirmation of the order price, which is determined by the relevant Partner. After entering into the contract for the products with the Partner, the Partner will be under a legal duty to supply you with goods that are in conformity with the contract. Legal title to the product purchased will pass to you upon your payment being accepted. Risk in the product will remain with the Partner) until it is delivered to you at the address specified when you placed your order.

While we try to ensure that all details, descriptions and prices that appear on the Website are accurate, as this information is provided to us by the Partners, there may be cases where errors occur. If we discover an error in the price of any products that you have ordered, we will inform you of this as soon as possible and, acting on behalf of the Partner, give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, your order will be treated as cancelled. If you cancel and you have already paid for the products, you will receive a full refund as soon as possible.

Afternoon Light reserves the right, with or without prior notice, (a) to change product or service descriptions, images and references; (b) to limit the available quantity of any product or service; (c) to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, incentive offer or other promotion; (d) to prevent or prohibit any user or customer from making any or all Transaction(s); and/or (e) to refuse to provide any user or customer with any product or service. Price and availability of any product or service offered through the Website are subject to change without notice, and Afternoon Light shall not be responsible for errors in the prices or descriptions of such products or services. Refunds and returns will be subject to Afternoon Light’s refund and return policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes, customs and duties that may be applicable to your Transactions.

If you are viewing the Website from the UK or a country in the EU, the product prices advertised on the Website from Partners located within the EU may or may not be inclusive of the VAT charged by the relevant Partner, as will be indicated. Delivery costs are not included in the prices and will be charged in addition. The delivery costs (which will include VAT charged by us) will vary depending on the products that you have ordered and your delivery address.

Depending on your delivery address, different taxation rules and additional charges may apply. If items are being shipped to you from a Partner outside of your territory, you may need to pay import duties upon receipt of the products. To the extent applicable, import duties and other duties and taxes may be charged to you separately. You will be responsible for payment of any such import duties and taxes that are not included. Afternoon Light will provide an estimate of these costs at checkout, but this is only an estimate. Please contact your local customs office for further information and a “landed cost estimate” before placing your order.

For US customers, Afternoon Light will charge and collect applicable sales or use taxes on purchases made through the Website. Even if sales or use tax is collected, your purchase may be subject to sales or use tax unless it is specifically exempt from taxation. Many states require customers to file a sales/use tax return at the end of the year reporting all taxable purchases that were not taxed and to pay tax on those purchases. For more details, please contact your applicable taxing authorities.

Please note that if you return an item, the taxes and import duties will be refunded to you if they were originally included in the purchase price. By initiating a return, you agree to disclaim and assign exclusively to Afternoon Light (and to the exclusion of any other party), any right to or interest in duty drawback you may have with respect to the returned item.

All prices will be listed in U.S. Dollars, and only U.S. Dollars are accepted as payment, unless expressly stated otherwise on the Website.

Delivery
The estimated delivery date of the products will be described in the product description and/or order form. The product(s) will be delivered to you directly by the Partner(s), so your order may arrive in multiple deliveries and at different times.

Delivery times may vary depending on the availability of the products and your delivery address. Delivery times, including for Same Day delivery, are estimates only and cannot be guaranteed. Delivery of orders may be subject to delays beyond the control of Afternoon Light and/or the Partners. Please see Section 15 below for further information concerning events beyond our control.

In certain circumstances the Partner’s delivery service may leave your package outside or provide you with optional services when delivering your order, such as: (a) signature release: opting out of the requirement to provide a signature on delivery; (b) leave with neighbor, reception or security: re-directing the delivery to a neighbor, reception or security; (c) reschedule a new delivery date: selecting a delivery date that best suits you; (d) re-directing to a collection point: collecting your package from a collection point nearby. If such delivery service leaves your package outside, or if you select any of the optional services (including through any default preferences you may have selected with our delivery partner separately) you acknowledge and agree that Afternoon Light shall bear no responsibility or liability for any loss or damage that may result from delivering your order in that way.

Refunds and Returns
Afternoon Light's Return policy will be published upon the launch of its e-commerce.

Final Sale
Notwithstanding Afternoon Light’s refunds and returns policies, there are no refunds, returns or exchanges on “Final Sale” and custom orders, as indicated on the product description and/or order form. Any refund, return, or exchange of such “Final Sale” or custom orders purchased from the Website may be made at Afternoon Light’s absolute and sole discretion, subject to applicable laws.

Invitation-Only Sales
Afternoon Light may, from time to time, disseminate invitation-only sales in which exclusive offers are extended to specially invited customers, but Afternoon Light shall have no obligation to do so. In such event, Afternoon Light may set additional terms and conditions which govern such sales.

WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

YOU EXPRESSLY ACKNOWLEDGE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. NEITHER AFTERNOON LIGHT NOR ITS PARENT OR AFFILIATED COMPANIES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS, OR PARTNERS (COLLECTIVELY THE “AFTERNOON LIGHT PARTIES”) WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITE. THE WEBSITE IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT AFTERNOON LIGHT IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

IN NO EVENT WILL AFTERNOON LIGHT, THE AFTERNOON LIGHT PARTIES, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE WEBSITE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE WEBSITE.

IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER AFTERNOON LIGHT, NOR THE AFTERNOON LIGHT PARTIES SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE WEBSITE, INCLUDING, WITHOUT LIMITATION, PRICING OR AVAILABILITY INFORMATION, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES AND THE AGGREGATE, TOTAL LIABILITY OF THE AFTERNOON LIGHT PARTIES TO YOU OR ANY END USER FOR ALL DAMAGES, INJURY, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) ARISING FROM OR RELATING TO THESE TERMS OF USE OR THE USE OF OR INABILITY TO USE THE WEBSITE SHALL BE LIMITED TO PROVEN DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED ONE HUNDRED DOLLARS ($100).

Neither Afternoon Light nor its Partners will be liable or responsible for any failure to perform, or delay in performance of, any of our obligations to you if such failure or delay is caused by an event outside of our control. An event outside of our control means any act or event beyond our or the Partners’ reasonable control such as act(s) of God, wars, terrorist attacks, embargos, riots, pandemics, strikes, lock-outs, trade disputes, fires, floods, earthquakes or other natural disasters, break-down, inclement weather, interruption of transport, Government action or failure of public or private telecommunications or transport networks.

If such an event takes place and it affects performance of our or our Partners’ obligations to you: (i) we will contact you as soon as reasonably possible to notify you; and (ii) our and the Partners’ obligations to you will be suspended for the duration of the event. Where the event affects delivery of products to you, we will contact you to arrange a new delivery date after the event is over.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITY OR WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. In such jurisdictions, Afternoon Light’s liability is limited to the greatest extent permitted by law. You should check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

INDEMNITY

You agree to defend, indemnify and hold harmless Afternoon Light, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorneys’ fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

ABILITY TO ACCEPT TERMS OF USE

It is our and your intent that these Terms of Use constitute a binding and enforceable agreement between us. Therefore, you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website without the consent of your parent or guardian.

PRIVACY POLICY AND FILTERING

At Afternoon Light we respect your privacy and are committed to protecting it. Therefore, Afternoon Light has established a Privacy Policy governing the use of this information, which is located at https://afternoonlight.com/pages/privacy and the terms of which are incorporated into these Terms of Use be reference.

Pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

California Civil Code Section 1789.3 Compliance
Californians have rights to the following information pursuant to California Civil Code Section 1789.

Afternoon Light, LLC may be contacted at:

Afternoon Light, LLC
c/o Stradley Ronon Stevens & Young LLP
100 Park Avenue, Suite 2000
New York, New York 10017

Currently there are no charges to the consumer for use of the Website, other than the cost of any Transaction and any applicable taxes, shipping fees, and other associated charges. Afternoon Light reserves the right to change its pricing. Please feel free to contact Afternoon Light to resolve a complaint regarding any aspect of our service by writing to the address above. Upon your request, you may have these Terms of Use sent to you by e-mail. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by calling 1-800-952-5210.

Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Afternoon Light without restriction.

Use Outside of the United States.
Afternoon Light controls and operates the Website from its offices located in the State of New York, U.S.A. Afternoon Light makes no representation or warranty that the Website, in whole or in part, or any products, services, or materials made available through the Website, are appropriate or available for use in locations outside of the United States. Those who choose to access the Website from other locations do so on their own initiative and at their own risk and are responsible for compliance with local laws, rules and regulations, if and to the extent local laws, rules or regulations are applicable.

Arbitration
At Afternoon Light’s sole discretion, it may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law before a single arbitrator located exclusively in New York, NY.

General
You agree that: (i) the Website shall be deemed solely based in New York, New York; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over Afternoon Light, either specific or general, in jurisdictions other than New York. These Terms of Use shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any claim or dispute between you and Afternoon Light that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in New York, New York. These Terms of Use, together with the Privacy Policy and any other legal notices published by Afternoon Light on the Website, shall constitute the entire agreement between you and Afternoon Light concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Afternoon Light’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Afternoon Light reserves the right to amend these Terms of Use at any time and without prior notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Afternoon Light Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. This Agreement is effective until terminated by Afternoon Light. You agree that Afternoon Light, at its sole discretion, may terminate your access to or use of all or any portion of the Website, at any time and for any reason with or without prior notice. Upon any such termination, your right to use the Website or any portion thereof will immediately cease. Afternoon Light may immediately deactivate and/or delete any user name and/or password used by or provided to you, and all related information and files associated therewith, and/or bar any further access to such information or files. You agree that Afternoon Light shall not be liable to you or any third party for any termination of your access to the Website or any portion thereof or to any such information or files, and shall not be required to make such information or files available to you after any such termination. Afternoon Light reserves the right to takes all steps necessary or appropriate to enforce and/or verify compliance with the Terms of Use. YOU AND AFTERNOON LIGHT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

If you have any questions regarding these Terms of Use, please contact us at hi@afternoonlight.com.

Copyright © 2021 Afternoon Light, LLC. All rights reserved. The Website is the property of Afternoon Light, LLC. and is protected by United States and international copyright, trademark, and other applicable laws. This includes the content, appearance, and design of the Website, as well as the trademarks, product names, graphics, logos, service names, slogans, colors, and designs.