This web site is operated by 2Modern.
Your use of this Web Site is governed by these terms and conditions. Please review these terms and conditions. Your use of the 2Modern Web Site constitutes your agreement to follow these rules and to be bound by them. If you do not agree with any of these terms and conditions, do not use the 2Modern Web Site.
These Terms and Conditions May Change
2Modern reserves the right to update or modify these terms and conditions at any time without prior notice. Your use of the 2Modern Web Site following any such change constitutes your agreement to follow and be bound by the terms and conditions as changed. For this reason, we encourage you to review these terms and conditions whenever you use this Web Site.
This Site and the materials within it are © 2003-2011 2Modern, a Carve Media, Inc. company. Viewing this Site creates a copy of 2Modern.com materials in your computer's random access memory and/or in your hard drive and/or in your proxy server.
2Modern grants you permission to view this Site and to print individual pages from this Site for your own personal, noncommercial use, provided that you agree to and accept without modification the notices, terms and conditions set forth in this agreement. You may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, material, software, products or services from this Site.
Your use of this Site constitutes your agreement and acceptance without modification of the notices, terms and conditions set forth herein. In addition, as a condition of your use of this Site, you represent and warrant to 2Modern that you will not use this Site for any purpose that is unlawful, immoral or prohibited by these terms, conditions and notices. If you do not agree and accept without modification the notices, terms and conditions set forth herein, do not use this Site. Other than this agreement and agreements between you and 2Modern relating to the sale of products or services to you through this Site, 2Modern will not enter into any agreement with you or obligation to you through this Site and no attempt to create such an agreement or obligation will be effective.
The trademarks, service marks and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of 2Modern. Nothing on this Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site, without the prior written permission of the Trademark owner. 2Modern aggressively enforces its intellectual property rights to the fullest extent of the law. The name of 2Modern, 2Modern logo or the other 2Modern formatives may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission from 2Modern. 2Modern prohibits use of 2Modern logo as part of a link to or from any site unless establishment of such a link is approved in advance by 2Modern in writing. Fair use of 2Modern Trademarks requires proper acknowledgment. Other product and company names mentioned in this Site may be the Trademarks of their respective owners.
Links to Third Party Sites
This web site may contain links to web sites owned or operated by parties other than 2Modern. Such links are provided for your reference only. 2Modern does not control outside sites and is not responsible for their content. 2Modern's inclusion of links to an outside site does not imply any endorsement of the material on the site or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does 2Modern's inclusion of the links imply that 2Modern is authorized to use any trade name, trademark, logo, legal or official seal or copyrighted symbol that may be reflected in the linked Site.
While we will use our best efforts to fulfill all orders, 2Modern cannot guarantee the availability of any particular product displayed on this Web Site. 2Modern reserves the right to discontinue the sale of any product listed on this Web Site at any time without notice.
Product prices offered on this Web Site may vary from other advertised prices due to varying conditions in different geographic markets.
The prices displayed on this Web Site are quoted in U.S. dollars and are valid and effective only within the United States, and such prices may not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price. You are responsible for the payment of any shipping and handling charges and state and local sales or use taxes that may apply to your order.
While our goal is a 100% error-free Web Site, we do not guarantee that any content is accurate or complete, including price information and product specifications. If we discover price errors, they will be corrected on our systems, and the corrected price will apply to your order. 2Modern reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions (including after an order has been submitted and accepted).
We have done our best to display as accurately as possible the colors of the products shown on this Web Site. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
For further information about purchasing products from 2Modern, please read our FAQ section.
We welcome your comments regarding the 2Modern Web Site. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to 2Modern shall be and remain the exclusive property 2Modern. Your submission of any such Comments shall constitute an assignment to 2Modern of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. 2Modern will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
If you provide a gift message, you are subject to the following guidelines. Do not use obscene, profane or threatening language in gift messages. Examples of the kinds of conduct or content that are prohibited in 2Modern gift messages include:
The transmission of any content that could violate, or could facilitate the violation of, any applicable law, regulation, or 2Modern rule or policy.
The transmission of any content that is profane, threatening, harmful, invasive of privacy or publicity rights, abusive, libelous, indecent, lewd, defamatory, obscene, pornographic, harassing, inflammatory or otherwise objectionable.
The impersonation of any person or entity in any part of a gift message. We may, but are not obligated to, restrict or remove any and all content from a gift message that we determine in our sole discretion violates these guidelines or is otherwise harmful to us, other 2Modern customers, or any third party.
No Warranties and Exclusion of Liability
2MODERN MAKES NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. 2MODERN SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND -NON-INFRINGEMENT. 2MODERN OR CARVE MEDIA, INC. SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS WEB SITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SITE. YOUR USE OF THIS WEB SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL EITHER 2MODERN, ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE, THE MATERIALS IN THIS WEB SITE, THE DELAY OR INABILITY TO USE THIS SITE OR OTHERWISE ARISING IN CONNECTION WITH THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
All questions, comments or inquiries may be directed to:
Attention: Internet Customer Service
35 Miller Ave. #192
Mill Valley, CA 94941
Although 2Modern will in most circumstances be able to receive your correspondence, 2Modern does not guarantee that it will receive all such information timely and accurately and shall not be legally obligated to read, act on or respond to any such submitted information.
2Modern and Carve Media, Inc. are established businesses in the State of California , USA . You agree that this agreement and your use of this Site are governed by the laws of the State of California , USA . You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in San Francisco, CA, USA in all disputes (a) arising out of, relating to, or concerning this Site and/or this agreement, (b) in which this Web Site and/or this agreement is an issue or a material fact, or (c) in which this Web Site and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. Use of this Web Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. 2Modern has endeavored to comply with all legal requirements known to it in creating and maintaining this Web Site, but makes no representation that materials on this Web Site are appropriate or available for use in any particular jurisdiction. Use of this Web Site is unauthorized in any jurisdiction where all or any portion of this Web Site may violate any legal requirements and you agree not to access this Web 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 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.
With the prior agreement of 2Modern, any claim, dispute or controversy arising out of, relating to or concerning this Site and/or this agreement shall be decided by binding arbitration in accordance with the Rules of the American Arbitration Association and any such arbitration proceedings shall be brought and held in San Francisco, CA, USA. The decisions of the arbitrators shall be binding and conclusive upon all parties involved and judgment upon any award of the arbitrators may be entered by any court having competent jurisdiction. This provision shall be specifically enforceable in any court of competent jurisdiction.
You agree that 2Modern may at any time and without notice change the terms, conditions and notices under which this Web Site is offered.
You agree that no joint venture, partnership, employment or agency relationship exists between you and 2Modern as a result of this agreement or your use of this Web Site.
2Modern's performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of 2Modern's right to comply with law enforcement requests or requirements relating to your use of this Web Site or information provided to or gathered by 2Modern with respect to such use.
This agreement and terms of sale constitute the entire agreement between you and 2Modern with respect to this site. This agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and 2Modern with respect to this Web Site. No modification of this agreement shall be effective unless it is authored by 2Modern or its affiliates, or unless it is physically signed in ink by a 2Modern officer. Any alleged waiver of any breach of this agreement shall not be deemed to be a waiver of any future breach. A printed version of this agreement and/or of any notice given by 2Modern in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement or your use of this web site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained by 2Modern in printed form.