Please review the following terms and conditions (“Terms of Use”) that govern your use and purchase of products (collectively, “Use”) of our website (the “Site”). Your Use of our Site constitutes your agreement to follow and be bound by the Terms of Use.
GENERAL
Whisper Partners, L.P. (“Whisper Editions”) reserves the right, at any time, to modify, alter or update these Terms of Use. If any of provision herein shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provision.
SITE CONTENTS
Unless otherwise noted, the design of the Site, the Site as a whole, and all materials that are part of the Site (“Content” and, collectively, “Contents”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by Whisper Editions or its content suppliers and is protected by United States and international copyright law. The compilation of all Content included in or made available through this Site is the exclusive property of Whisper Editions and is protected by United States and international copyright laws.
COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
We welcome your comments and feedback regarding our Site, our products and our services. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, submitted or offered to Whisper Editions using this Site or otherwise (collectively, “Comments”) are not confidential and will become and remain Whisper Editions property. The disclosure, submission or offer of any Comments will constitute an assignment to Whisper Editions of all worldwide rights, titles and interests and goodwill in the Comments without payment of any compensation. Comments submitted by you must not violate any right of any third party, and must not contain any libelous, abusive, obscene or otherwise unlawful material.
The Contents are intended solely for your personal, noncommercial use. You may copy other Contents displayed on the Site for your personal, noncommercial use only. No right, title or interest in any Contents is granted or transferred to you as a result of any such copying.
Except as noted above, you may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Contents or the Site. Unauthorized use of the Contents is expressly prohibited by law, and may result in severe civil and criminal penalties.
When you use any this Site, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
SITE TRANSACTIONS
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include 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. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
MERCHANDISE AVAILABILITY
While we make every attempt to properly represent real inventory numbers on the Site, merchandise availability on our website is not guaranteed. If merchandise is not available by the time your order processes, we will notify you of this via e-mail.
PRODUCT INFORMATION
The prices displayed on the Site are quoted in United States dollars, unless otherwise indicated. With respect to items sold on this Site, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items on our Site may be mispriced. If the correct price of an item sold by Whisper Editions is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
Please note that while we have tried to accurately display the colors of products, the actual colors you see will depend on your monitor. Whisper Editions attempts to be as accurate as possible. However, Whisper Editions does not warrant that product descriptions or any other Content on this Site is accurate, complete, reliable, current, or error-free.
Items listed as "signed" will be accompanied by a certificate of authenticity signed by the artist.
RISK OF LOSS
All items purchased from Whisper Editions are delivered by a third party shipper. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Due to the limited quantity and duration of sale of each edition, Whisper Editions cannot accept returns. All sales are final.
PERSONAL INFORMATION SUBMITTED THROUGH THIS SITE
Your submission of personal information through the Sites is governed by our privacy policy, which can be reached by clicking on the "Privacy Policy" link located in the footer section of the Sites (the "Privacy Policy"). This Agreement incorporates by reference the terms and conditions of the Privacy Policy.
DISCLAIMER, LIMITATION OF LIABILITY AND INDEMNITY
EXCEPT AS OTHERWISE EXPRESSELY PROVIDED, THIS SITE, ALL CONTENTS AND ALL PRODUCTS AND SERVICES ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW WHISPER EDITIONS DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE.
WHISPER EDITIONS DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH WHISPER EDITIONS ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THIS SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER WHISPER EDITIONS NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS VENDORS OR CONTENT PROVIDERS SHALL BE LIABLE TO ANY PERSON OR ENTITY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHERWISE), INJURY, CLAIM, OR LIABILITY OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM YOUR USE OR INABILITY TO USE THIS SITE, OR ANY INFORMATION, CONTENT OR MATERIALS PROVIDED ON THE SITE. WHISPER EDITIONS IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT OR MATERIALS ON THE SITE, OR WITH ANY OF WHISPER EDITIONS' TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS WHISPER EDITIONS, ITS AFFILIATES AND CONTENT PROVIDERS AND EACH OF THEIR RESPECTIVE SHAREHOLDERS, PARTNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, VENDORS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES AND DISBURSEMENTS, RESULTING FROM OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE.
DENIAL OF ACCESS
These Terms of Use constitute an agreement that is effective unless and until terminated by Whisper Editions. If in Whisper Editions’ sole discretion you fail to comply with any term or provision of this agreement, Whisper Editions may deny you access to the Site. In the event of denial of access by Whisper Editions, you are no longer authorized to access the Site, and the restrictions imposed upon you with respect to Contents and/or material copied or downloaded, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall continue in force. These Terms of Use constitute the entire agreement between you and Whisper Editions relating to the subject matter addressed herein.
YOUR ACCOUNT
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Whisper Editions only sells products to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Site only with involvement of a parent or guardian. Whisper Editions reserves the right to refuse service, terminate accounts, remove or edit Content, or cancel orders in its sole discretion.
COPYRIGHT CLAIMS
Whisper Editions respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Whisper Editions the following information:
Your claim of copyright infringement on our Site should be delivered to Whisper Editions by e-mail and mail to:
By e-mail: info@WhisperEditions.com
By mail: 37-18 Northern Blvd, Ste 202, Queens, NY 11101
APPLICABLE LAW; VENUE
The law applicable to the interpretation and construction of these Terms of Use and any transaction (including purchases made on this Site) using or related to the Site, shall be the laws of the State of New York, USA without regard to principles of conflict of laws.
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of New York. All proceedings relating to the Site, these Terms of Use, or any transaction, including the sale of any products, using this Site, shall be brought only in the state or federal courts of the county of New York, New York and you and Whisper Editions do hereby consent to the exclusive jurisdiction and venue of such courts.
Last updated September 30, 2013.