Terms and Conditions
Information we receive: We receive and retain information whenever you visit our site and we retain information about you that you give us in any other way. We use that information to fill your order, customize your future shopping experience, communicate with you, and improve our services and products.
Sharing your information: We do not sell or otherwise distribute information we receive from or about you. We share customer information only with credit card processors, shippers, and similar vendors. The companies that host our website, provide email service, communications software, payments processing, or other services may, in the course of performing operations necessary to the provision of those services, have access to your personal information; but those vendors are not authorized to use that information for other purposes. We may release account and other personal information when we believe release is appropriate to comply with law; enforce our agreements with you; or protect the rights, property, or safety of Cluny, its personnel, or others.
Protecting your information: We attempt to protect the security of your information during transmission by using Secure Sockets Layer software, which encrypts information you input. As to your credit card information, we process through Braintree Payments, a subsidiary of PayPal and a leading credit card processor. We transmit your entire credit card number and related credit information to Braintree on a secure basis during order processing.
Copyright and other intellectual property: All content included on this site is the property of Cluny Media LLC or its content suppliers and may be protected by United States and international copyright laws. The compilation of all content on this site is also the property of Cluny Media LLC and is protected by U.S. and international copyright laws. The words “Cluny Media” and our trade dress on our website and books may not be used (i) in connection with any product or service that is not ours, (ii) in any manner that is likely to cause confusion among customers, or (iii) in any manner that disparages or discredits Cluny Media. Other trademarks on our site are the property of their respective owners, none of which is affiliated with Cluny Media.
Notice and procedure for making claims of copyright infringement: If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the written information specified below. Please note that this procedure is exclusively for notifying Cluny Media that you contend that your copyrighted material has been infringed: (i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of claimed infringing material and its location on the site; (iv) your address, telephone number, and e-mail address; (v) 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; (vi) 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.
Terms of contracts, risk of loss, and refund policy
Shipping policy: Orders are processed within 24–48 hours. Customers will receive an email indicating that an order is received and another that it is processed. Third-party distributors are used to fulfill orders and Cluny has no control over actual shipping times or policies. Shipments are made by the USPS or other recognized delivery services, such as UPS and Federal Express. Shipping time varies between 2 and 14 days of an order being processed.
Limited warranty: We warrant that our books are merchantable and conform to the product descriptions on our site, provided, however, that descriptions of content and reviews are matters of opinion and not warranties.
Risk of loss: Risk of loss and title for all items a customer purchases pass to the customer upon delivery of the merchandise to the carrier.
Return policy: We are not able to accept returns of books. However, if a book has missing pages, is substantially torn, or otherwise unreadable as a result of manufacturing defects (that is, not occurring during or caused by shipping or by use), a replacement will be issued.
Exclusions of warranties and limitations on remedies: Except as provided in the three immediately preceding paragraphs, Cluny Media provides this site and its products on an “as is” and “as available” basis. we make no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, or products included on this site, and we disclaim all warranties, express or implied, including, but not limited to, any implied warranties of merchantability and fitness for a particular purpose. We do not warrant that this site, its servers, or e-mails we send are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of this site or from our products, including, but not limited to direct, indirect, incidental, punitive, exemplary, and consequential damages. Some state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. In the event that any of the foregoing exclusions is unenforceable in whole or in part, then you agree that our maximum liability for any breach of contract or tort is limited to the price of the merchandise purchased or $500, whichever is greater.
Terms of website use
License and site access: We grant a limited license to access and make personal use of our site but not to download (other than page caching) or modify it or any portion of it. This limited license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. You may not (i) use, reproduce, copy, sell, or otherwise exploit this site or any portion of this site for any commercial purpose; (ii) use any metatags or any other hidden text utilizing our name or trademarks; (iii) frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) that appears on this site. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to our home page but only if (a) you do not use our logo or other proprietary graphic or trademark as part of the link and (b) the link does not portray Cluny Media or our products or services in a false, misleading, derogatory, or otherwise offensive matter. Any use in violation of these terms terminates all permission or licenses granted hereunder.
Your account: Customers are responsible for maintaining the confidentiality of their accounts and passwords and for restricting access to their computers, and agree to accept responsibility for all activities that occur under their accounts or passwords. Persons under 18 are not authorized to use this site. If you are under 18, you may use this site only with involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
Reviews, comments, communications, and other content: Customers may post comments and other content and communications or information (“content”), but agree: (i) not to post content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or injurious to third parties; (ii) not to transfer any content that contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”; (iii) not to use a false e-mail address, impersonate any person or entity, or otherwise mislead Cluny Media or visitors to our site as to your identity or the origin of content, (iv) not to own or otherwise control all of the rights to the content that you post; (v) that such content is accurate; (vi) that Cluny Media use of such content will not violate any law or agreement by which you are bound and will not cause injury to any person or entity; (vii) that you grant to Cluny Media a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; (viii) that you grant to us and our licensees the right to use the name that you submit in connection with such content; (ix) we have the right but not the obligation to monitor and edit or remove any activity or content; and (x) you will indemnify Cluny Media LLC, its members, employees, and contractors for any and all claims resulting from content you supply. We assume no liability for any content posted on our site.
Generally applicable terms
Choice of law: You agree that the laws of the State of Rhode Island, USA, without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between you and Cluny Media, its members, employees, or contractors.
Reservation of rights: We reserve the right to make changes at any time to our website, our policies, or the terms and conditions of our contracts and website usage. If any such term or condition is deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Modification or waiver: No waiver or modification of any of the foregoing terms or conditions is enforceable unless signed by an executive of Cluny Media LLC.