Terms of Use
By visiting http://www.haring.com (haring.com), you are agreeing to adhere
to the terms and conditions of used stated below. If you do not agree to these
terms, please do not use this site. We reserve the right without notice, at
our sole discretion, to change, modify, add, or remove portions of the following
terms at any time.
Reproduction, including downloading of all other photographs by Tseng Kwong Chi is also prohibited by copyright laws and international conventions without the express written permission of Muna Tseng Dance Projects, Inc. New York.
Restrictions
This site is owned and operated by The Estate of Keith Haring (The Estate)
and controlled from its offices within the State of New York, United States
of America. All information (Content) on this site including communications,
photos, text, video, graphics, music, sounds, images and other material and
services you may not modify, publish, transmit, participate in the transfer
or sale of, reproduce, create derivative works from, download, distribute,
perform, display, incorporate into another web site, or in any other way exploit
any of the Content in whole or in part except for personal or classroom educational
purposes, without the prior express written permission of The Estate.
Rights
You agree and acknowledge, notwithstanding that The Estate permits access
to the Content of haring.com, all Content is protected by copyrights, trademarks,
and other proprietary (including intellectual property) rights (Rights), that
these Rights are valid and protected in all media now existing or later developed,
and that except as specifically provided in these Terms, your use of the Content
shall be governed and constrained by applicable copyright, trademark and other
intellectual property laws. In addition to The Estate and its licensors' Rights
in individual elements of the Content, The Estate owns a copyright in the
selection, coordination, arrangement and enhancement of the Content.
Photographs of Tseng Kwong Chi
Reproduction, including downloading of photographs by Tseng Kwong Chi featuring
the artwork and/or likeness of Keith Haring is prohibited by copyright laws
and international conventions without the express written
permission of Muna Tseng Dance Projects, Inc. New York and the Estate of
Keith Haring, New York.
See http://www.munatseng.org and
http://www.tsengkwongchi.com
Third Party Property
By using haring.com, you agree that you may upload to the software files and
Discussion Groups, or otherwise transmit on or through this site, only Content
that is not subject to any Rights, or Content in which any holder of Rights
has given express authorization for distribution on the Internet. By submitting
Content to haring.com, you automatically grant, or warrant that the owner
of such Content has expressly granted, the royalty-free, perpetual, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform and display such
Content (in whole or part) worldwide and/or to incorporate it in other works
in any form, media, or technology now known or later developed for the full
term of any Rights that may exist in such Content. By using any features on
this site which allow you to post text, graphics or other data ("Content"),
you agree that you will not use such features to transmit any Content that
is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable. You also agree that you will not transmit
any Content that you do not have a right to transmit or any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights
of any party. You also agree that you will not transmit any Content designed
to harm another person or to cause damage to any computer system. The Estate
shall have the right (but not the obligation) in their sole discretion to
refuse or move any Content that violates these terms and may remove and bar
any person who violates these terms. You acknowledge and agree that The Estate
may disclose Content if required to do so by law or in the belief that such
disclosure is necessary for the well being of parties involved.
Limitation of Liability
Under no circumstances shall The Estate be liable for any special or consequential
damages that result from the use of, or the inability to use, the materials
in this site. Applicable law may not allow the limitation or exclusion of
liability or incidental or consequential damages, so the above limitation
or exclusion may not apply to you. In no event shall The Estate's total liability
to you for all damages, losses, and causes of action exceed the amount paid
by you, if any, for accessing this site.
Disclaimer
The Estate does not warrant that the functions contained in the materials
on this site will be uninterrupted or error-free, that defects will be corrected,
or that this site or the server that makes it available are free of viruses
or other harmful components. The Estate does not warrant or make any representation
regarding the use or the results of the use of the materials in this site
in terms of their correctness, accuracy, reliability, or otherwise. Any visitor
to haring.com assumes the entire cost of all necessary servicing, repair or
correction. Applicable law may not allow the exclusion of implied warranties
so the above exclusion may not apply to you.
Unsolicited Submissions
The Estate welcomes comments regarding its products and services. However,
The Estate's policy does not have to accept or consider creative ideas, suggestions
or materials other than those it has specifically requested. If you send us
creative suggestions, ideas, notes, drawings, concepts or other information
("Information"), the Information shall be deemed, and shall remain, the property
of The Estate. None of the Information shall be subject to any obligation
of confidentiality on the part of The Estate and The Estate shall not be liable
or owe any compensation for any use or disclosure of the Information, other
than such liability as arises out of the copyright or patent laws of the United
States.
Store Policy Terms
Pop Shop is owned and operated by The Estate.
All orders are subject to availability. All prices are subject to change without notice.††Pop Shop and haring.com expressly reserves the right to refuse to conduct business with any third party.
Payment
Our on-line Pop Shop features secure on-line ordering by credit card only
(American Express, Visa and MasterCard), as a form of payment. To make purchases
using a check (order processed after clearance is received), traveler's check,
or money order (US dollars only), orders must be placed by mail or in person.
Pop Shop Inc.
292 Lafayette Street
New York, NY
10012
Tel (US only): 1-800-K-HARING
Tel (worldwide): 212-219-2784
Fax: 212-274-8743
E-mail: popshop@haring.com
Continental U.S. Orders
Pop Shop ships by United Parcel Service (UPS), Ground service, unless Pop
Shop has approved alternative arrangements. We reserve the right to ship by
other carriers. Once Pop Shop has received your order, verified availability,
if any, of your order and processed payment, please allow 7 to 10 business
days for delivery.
Non-Continental U.S. Orders
There is an additional $10 surcharge for all orders being shipped to Alaska,
Hawaii, Puerto Rico, or U.S. Virgin Islands.
International Orders
Pop Shop ships by the United States Postal Service (USPS). Orders should arrive
within 5 to 6 weeks. All Japanese orders sent Express Mail unless other arrangements
have been made with Pop Shop.
Customs and Duties Information
Pop Shop is not responsible for any customs fees and import duties and taxes,
nor is Pop Shop responsible for complying to the laws and regulations of the
country to which you have your packages sent. Additional charges for customs
clearance are the responsibility of the customer. Pop Shop has no control
over these charges and cannot predict what they may be. Customs policies vary
widely from country to country; you should contact your local customs office
for further information.
Return Policy
Subject to availability. Within 30 days of receipt of your order, you may
return your purchase to haring.com for a full refund if returned undamaged
and in original form. If the shipping container and/or merchandise is/are
visibly damaged or defective upon receipt, refuse to accept package, and notify
Pop Shop of the return. Please include the packing slip, wrap the package
securely, and send it UPS or Insured Parcel Post. Pop Shop will pay only for
return shipping on products that are damaged upon receipt of the shipment.
Exchanges
Subject to availability. Exact exchanges will be made if products do not suit
the desire of the customer. Claims must be made within 30 business days of
your receipt of purchase. Pop Shop will not pay for shipping due to complaints
of fit, size, color, or other aesthetic concerns.
E-cards
Haring.com users may not send electronic greeting cards to people or other
entities on mailing lists that they do not have full rights to use, nor send
electronic greeting cards to people or other entities with whom they are not
acquainted. Users are prohibited from using false e-mail addresses.
Jurisdictional Issues
Unless otherwise specified, the materials in the site are presented solely
for the purpose of promoting the knowledge & appreciation for Keith Haring
as well as the concerns of The Estate. The Estate may change, add or delete
programs described in this web site at any time without notice. The Estate
makes no representation that materials in the site are appropriate or available
for everyone, inside and/or outside the United States. Those who choose to
access this site from outside the United States do so on their own initiative
and are responsible for compliance with local laws. Software from this site
is further subject to United States export controls. No software from this
site may be downloaded or otherwise exported or re-exported into (or to a
national or resident of) Cuba, Iraq, Afghanistan, Libya, North Korea, Iran,
Syria or any other country to which the United States has embargoed goods;
or to anyone on the U.S. Treasury Department's list of Specially Designated
Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading
or using the Software, you represent and warrant that you are not located
in, under the control of, or a national or resident of any such country or
on any such list.
Termination
This agreement is effective until terminated by either party. You may terminate
this agreement at any time by destroying all materials obtained from any and
all of The Estate's site(s) and all related documentation and all copies and
installations thereof, whether made under the terms of this agreement or otherwise.
This agreement will terminate immediately without notice from The Estate if
in The Estate's sole discretion you fail to comply with any term or provision
of this agreement. Upon termination, you must destroy all materials obtained
from this site and any and all other Estate site(s) and all copies thereof.
Other
This agreement shall be governed by and construed in accordance with the laws
of the State of New York, without giving effect to any principles of conflicts
of law. If any provision of this agreement shall be unenforceable for any
reason, then that provision shall be deemed dissolved from this agreement
and shall not affect the validity and enforceability of any remaining provisions.
This is the entire agreement between the parties relating to the subject matter
herein and shall not be modified unless The Estate chooses to do so.