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Terms of Use

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. These Terms of Use (the “Terms of Use”) apply to your use of all content, services and products available at or though the website http://svacampusstore.com (the “Site”). The Site is owned and operated by CAVA Services, Inc. d/b/a SVA Campus Store (“We”, “Us” or “SVA Campus Store”). The Site is offered without modification, and subject to all of the terms and conditions contained herein and all other operating rules, policies and procedures that We may publish or change from time to time, including the Privacy Policy (collectively, the "Agreement").

All users who purchase Apple products agree to the terms and conditions of the student verification and maximum purchase allotments: Students enrolled in a course of study leading to a degree or certificate from the School of Visual Arts may purchase. Entering students who have been accepted to the School of Visual Arts and have responded by stating intent to enroll at the School of Visual Arts may purchase. Faculty members of the School of Visual Arts may purchase. Staff members who are directly associated with the School of Visual Arts academic mission and are not employed on a temporary basis, employed as a contractor, or as an acting consultant on behalf of the School of Visual Arts may purchase. Emeritus faculty are eligible to purchase.
• The equipment you purchase must be solely for your own personal, education and/or research use
• One may not purchase Apple products for the purpose of further resale.
• Maximum three (3) desktops, three (3) Mac minis, three (3) laptops, three (3) iPads) and two (2) displays per academic year. Proof of academic eligibility is required.

All users of this Site agree that access to and use of this Site are subject to the terms of this Agreement (including these Terms of Use), and other applicable law. If you do not agree to be bound by the terms of the Agreement, please do not use this Site. Your use of the Site constitutes acceptance of all of the terms of the Agreement.

We reserve the right, at our sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Such changes will be effective immediately after they are posted, or as otherwise stated in the modification post, and your continued use of the Site following the effective date of changes constitutes acceptance of those changes. We may also, in the future, offer new services and/or features through the Site (including the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Intellectual Property Rights You acknowledge that you are solely given a license to use the Site as made available to you, and you do not own and by use of the Site are not granted any rights in or to any intellectual property that you may find on the Ste, including any intellectual property of the SVA Campus Store or its affiliates, business associates or partners.

Copyright
The entire content included in this Site, including but not limited to text, graphics or code is or is entitled to be copyrighted as a collective work under the United States and other copyright laws, and is the property of SVA Campus Store and the School of Visual Arts. The collective work includes works that are licensed to SVA Campus Store. Permission is granted to electronically copy and print hard copy portions of this Site for the sole purpose of placing an order with SVA Campus Store or purchasing SVA Campus Store products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Site solely for your own non-commercial use, or to place an order with or purchase SVA Campus Store products. Any other use, including but not limited to the reproduction, distribution, publication, display or transmission of the content of this Site is strictly prohibited, unless authorized by SVA Campus Store in writing. You agree not to change or delete any proprietary notices from materials downloaded from the Site.

Trademarks
All trademarks, service marks and trade names of SVA Campus Store or its affiliates used in the Site are trademarks or registered trademarks of SVA Campus Store and the School of Visual Arts. You acquire no license to such marks whatsoever through your use of or access to the Site, except to the extent required by law in connection with the licenses granted herein.

Prohibited Uses
You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:
• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
• To impersonate or attempt to impersonate Us, or one of our employees, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm Us or users of the Site or expose them to liability.
• To post anything in violation of the Content Standards set forth below in these Terms of Use.

Additionally, you agree not to:
• Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Site, including their ability to engage in real time activities through the Site.
• Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
• Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Site.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
• Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Site.

User Contributions
The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, customer review areas, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Site. All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:
• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
• All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Us, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.

Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright Infringement
Pursuant to Title 17, United States Code, Section 512(c)(2) (Digital Millennium Copyright Act), all notifications of claimed copyright infringement on our Site should be sent ONLY to our Designated Agent. DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR ASSISTANCE, CUSTOMER SERVICE INQUIRIES, BILLING QUESTIONS, REPORTS OR E-MAIL ABUSE) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.
• Service Provider(s): CAVA Services, Inc. d/b/a SVA Campus Store.
• Designated Agent: Kate Schaffer
• Address to Which Notification Should be Sent: CAVA Services, Inc. d/b/a SVA Campus Store, 207 E. 23rd Street, New York, NY 10010.
• Telephone Number of Designated Agent: 212-592-2900.
• E-mail Address of Designated Agent: svacampusstore@sva.edu.

Your Notice of Claimed Infringement must include the following:
1. Your name, address, telephone number, email address and signature;
2. Identification of the copyrighted work (or works) that you claim has (or have) been infringed;
3. A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully found; the name, edition and pages of a book from which an excerpt was copied, etc.);
4. A clear description of where the infringing material is located on our Site, including as applicable its URL, so that we can locate the material;
5. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. 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.

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

Without limitation, we will treat any user who has made repeat postings for which we receive a notice of infringement as a ‘repeat infringer’ and we will terminate that users right to use our Site. If you are a repeat infringer, you shall not use our Site, nor attempt to establish a new account under any name, real or assumed.

Warranty Disclaimer
This Site and the materials and products on this Site are provided "as is" and “as available” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, SVA Campus Store disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. SVA Campus Store does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. SVA Campus Store does not make any warrantees or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Limitation of Liability
Neither SVA Campus Store nor any of its affiliates, nor their respective officers, directors, employees, representatives, agents, suppliers or licensors (collectively, the “Representatives”), shall be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this Site or the performance of the products, even if SVA Campus Store or such other party has been advised of the possibility of such damages. Notwithstanding the foregoing, the Representatives’ collective aggregate liability for any and all damages arising from your use of the Site shall be capped at $500, or the cost of goods purchased giving rise to the claim, whichever is lesser. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. To ensure that the release provided in this Agreement is fully enforceable in accordance with its terms, to the extent applicable, you knowingly and voluntarily waive any protection that you might have in relation to the release set forth in this section by virtue of any applicable state law.

Representations and Warranties
You represent and warrant that (i) your use of the Site will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and regarding the transmission of technical data exported from the United States or the country in which you reside); (ii) you will not infringe the copyrights, trademarks, patents, trade secrets, rights of privacy, rights of publicity or other legal rights of any third party in connection with your use of the Site; (iii) there are no claims, demands or any form of litigation pending or, to the best of your knowledge, threatened with respect to any of your content; (iv) we will not be required to make any payments to any third party in connection with use of your content, except for the expenses that we incur in providing our services; (v) the use of any instructions, formulae, recommendations, or the like contained in your content will not cause injury to any third party; and (vi) your content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.

Typographical Errors
In the event that a product on the Site is mistakenly listed at an incorrect price, or improperly described, SVA Campus Store reserves the right to make corrections to such information, and also to refuse or cancel any orders placed for product listed at the incorrect price. SVA Campus Store reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, SVA Campus Store shall issue a credit to your credit card account in the amount of the incorrect price.

Term and Termination
These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process, as applicable. This Agreement, or any part thereof, may be terminated by SVA Campus Store without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Representations and Warranties, Indemnification and Miscellaneous, shall survive any termination.

Notice
Subject to the terms of our Privacy Policy , SVA Campus Store may deliver notices to you by means of e-mail, a general notice on the Site, or by other reliable method to the address you have provided to SVA Campus Store.

Miscellaneous
This Agreement constitutes the entire agreement between Us and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by our authorized executive, or by Our posting of a revised version. Your use of this Site shall be governed in all respects by the laws of the state of New York, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of SVA Campus Store products) shall be in the state or federal courts located in the city, county and state of New York. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of SVA Campus Store products) must be commenced within one (1) year after the claim or cause of action arises. SVA Campus Store’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. SVA Campus Store may assign its rights and duties under this Agreement to any party at any time without notice to you. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in the city, county and state of New York in the English language and the arbitral decision may be enforced in any court. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect.

Use of Site
These Terms of Use permit you to use the Site for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Site, except as follows:
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your web browser for display enhancement purposes.
• You may print one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.
• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
• Access or use for any commercial purposes any part of the Site or any services or materials available through the Site.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Site in breach of these Terms of Use, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by Us. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Harassment in any manner or form on or associated with the use of the Site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a SVA Campus Store or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other online service or other organization.

Participation Disclaimer
SVA Campus Store does not and cannot review all communications and materials posted to or created by users accessing the Site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the Site, SVA Campus Store is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, SVA Campus Store reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to SVA Campus Store or its affiliates, in its sole discretion.

Indemnification
You agree to indemnify, defend, and hold harmless SVA Campus Store and all Representatives (as defined above) from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your account.

Third-Party Links
In an attempt to provide increased value to our visitors, SVA Campus Store may link to sites operated by third parties. However, even if the third party is affiliated with SVA Campus Store, SVA Campus Store has no control over these linked sites, all of which have separate privacy and data collection practices, independent of SVA Campus Store. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, SVA Campus Store seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work). To submit such feedback please email campusstore@sva.edu. Effective Date: October 1, 2014.