Last Updated June 1, 2015
Welcome to the Martha Stewart Café website! Our website aims to share information about our Company, Martha Stewart Living Omnimedia, Inc. ("MSO," "us," "our," or "we"), our café, our coffee and tea products, to provide updates related to the café and to allow you to purchase our coffees, teas and other products and have them shipped directly to you.
We may change, suspend, or discontinue any aspect of the Website at any time, including the availability of any feature, database, or content.
You may be required to select a password and member name for account registration. You are responsible for maintaining the confidentiality of your password and any account information. You agree to immediately notify us of any unauthorized use of your password or other membership account information and further agree to indemnify and hold MSO, its parents, affiliates, subsidiaries, operational providers, and partners harmless for any improper or illegal use of your password.
Terms of Sale
All sales from the Website are governed by our Terms of Sale. Please refer to our Terms of Sale for the terms, conditions and policies applicable to your purchase of products from the Martha Stewart Café. By ordering products through our Website, you agree to be bound by and accept the Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, in our sole discretion. Please review the Terms of Sale each time you make a purchase.
Product Sales and Availability
All products displayed on our Website will be delivered only within the United States and, when available, in Canada. All prices for products or offers that are displayed on the Website are quoted in U.S. Dollars. MSO reserves the right without prior notice to discontinue or change specifications on products and services offered on the Website without incurring any obligations. Please refer to our Terms of Sale for additional information that applies to purchases made through our Website.
Purchases and Product Descriptions
We do not guarantee that product descriptions or other content on our Website will be accurate, complete, reliable, current, or error-free. Descriptions and images of, and references to, products on our Website do not imply our or any of our affiliates' endorsement of such products. We reserve the right, with or without prior notice, to (1) change such descriptions, images, and references; (2) limit the available quantity of any product; (3) honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code, or other similar promotions; (4) bar any user from conducting any or all transaction(s); and/or (4) refuse to provide any user with any product.
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, MSO shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. MSO shall have 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 canceled, MSO shall immediately issue a credit to your credit card account in the amount of the charge.
Our Websites are intended for your personal, non-commercial use only. Below are the guidelines for using our Website. You must comply with these guidelines, as well as any other rules or guidelines posted on our Website.
In connection with your use of the Websites, you may not:
• use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use
of the Website;
• reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the
• post or transmit advertising or commercial solicitations; political campaign materials; chain letters; mass mailings; or “spam” mail;
• introduce software or other materials that contain so-called viruses, worms, time bombs, Trojan horses, or other harmful,
damaging, or disruptive component;
• collect users’ content or information, or otherwise access the Website, using automated means (such as harvesting bots, robots,
spiders, or scrapers) without our prior permission;
• post or transmit any material, non-public information about a company without the proper authorization to do so;
• engage in, encourage, or provide instructional materials relating to, any activity on the Website that restricts or inhibits any other
user from using or enjoying the Website, such as "hacking," "cracking," "spoofing," or defacing any portion of the Website;
• bully, harass, or intimidate any user;
• remove any copyright, trademark, or other proprietary rights notice from the Website or materials originating from the Website; or
• otherwise attempt to interfere with the proper working of the Website.
Unless specifically requested, we do not solicit any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques, or other materials (the “Submitted Materials”) for use in our publications, other media, or businesses. We are not responsible for the similarity of any of our content or programming to Submitted Materials sent to us via the Website or any other forms of communication, such as mail or e-mail. Should you send any unsolicited materials or ideas, MSO is not required to provide you with any form of compensation and you waive any claim against MSO or our affiliates regarding the use, including promotional and commercial, of any Submitted Materials. We cannot be responsible for maintaining any Submitted Materials that you provide to us, and we may delete or destroy any such Submitted Materials at any time.
Sweepstakes and Contests
From time to time, we may offer and/or co-sponsor contests, sweepstakes, raffles, promotions, and games either on or through our Website (collectively, the “Contests”). In order to participate in a Contest, you agree to release MSO and its agents, advertisers, sponsors, or promotional partners, from any and all liability arising from participation in any Contest located on, or accessed through, the Website. MSO is not responsible for technical, hardware, or software failures of any kind; lost or unavailable network connections; or failed, incomplete, garbled, or delayed computer transmissions which may limit your ability to participate in any Contest.
Further, you agree to be bound by the rules of any Contest and by the rules of fair play and consideration of fellow participants. A participant who violates any of the rules or guidelines for behavior published on the Website, or the website where the Contest is conducted, is subject to immediate disqualification and revocation of his or her entry. MSO is under no obligation to award any prize to any participant who violates a published rule or guideline.
MSO reserves the right to cancel, terminate, or alter any Contest or the rules thereof at any time without prior notification.
"Martha," "Martha Stewart," “Martha Café,” and “Martha Thé” are trademarks and/or service marks of MSO and/or its subsidiaries. Other marks, graphics, typefaces, trade names and logos appearing on the Website are trademarks, service marks, or trade dress of either MSO or other third parties. All other trademarks appearing on the Website, other than trademarks and/or services of MSO and/or its subsidiaries, are the property of their respective owners. Nothing contained on the Websites creates a license or right to use any of MSO's trademarks, service marks, or trade dress. Our trademarks, service marks, and trade dress may not be used in any manner or for any purpose, without our express written consent.
Copyright 2001-2015 Martha Stewart Living Omnimedia, Inc. All rights reserved.
The Website contains copyrighted material, including text, software, photos, audio and video clips, graphics, illustrations, images, logos, and music and sound (collectively, the "Site Content"). The Website is protected as a collective work pursuant to U.S. copyright laws, international conventions, and other copyright laws. MSO and third party content providers also own copyrights in the original content on the Websites. You may not modify, distribute, display, reverse engineer, perform, reproduce, create derivative works from, or in any way exploit any of the Site Content. You agree not to download, copy, or use Site Content for uses other than your personal, noncommercial use without express prior, written consent from us and, as applicable, our licensor(s). You acknowledge and agree that you do not acquire any ownership rights by downloading copyrighted material. You may not download or copy any product listings, descriptions, or prices, nor may you use any meta tags or any other hidden text utilizing our names or trademarks, without our express written consent.
Copyright Infringement Claims
In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), if you believe in good faith that any material or content posted on our Websites infringes your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice.
Notices or counter-notices should include the following information and be sent to the Copyright Agent named below:
• Your address, telephone number, and email address;
• A description of the material that you claim has been infringed;
• A description of where the allegedly infringing material is located on our Websites;
• 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;
• An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest; and
• A statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or
authorized to act on the copyright owner's behalf.
Martha Stewart Living Omnimedia, Inc.
601 West 26th Street, 9th Floor - Legal Department
New York, NY 10001
Phone: (212) 827-8000
Fax: (212) 827-8188
We suggest that you consult your legal advisor before filing a notice or counter-notice.
If we receive more than one notice of copyright infringement concerning a user of our Website, that user may be deemed a “repeat copyright infringer” and we reserve the right to terminate the account of a repeat copyright infringer.
Third Party Sites
Third Party Vendors
Our Website contains services and content supplied by third party vendors. We are not responsible or liable for any information or materials provided by these third parties. Additionally, we may provide these third party vendors with access to your information. We are not responsible or liable for a third party vendor’s use of your information or for any interactions you may have with a third party vendor. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any services or content provided by third party vendors.
Disclaimer of Warranty; Limitation of Liability
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND THE INFORMATION PROVIDED THEREIN ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION UNDER LAW), ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, OR TIMELINESS OF THE CONTENT PROVIDED ON OR THROUGH THE USE OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, MSO, ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD PARTY SERVICE PROVIDERS, AND ANY THIRD PARTIES APPEARING ON THE WEBSITE AT THE INVITATION OF MSO, AS WELL AS THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS, DO NOT WARRANT THAT THE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU SPECIFICALLY ACKNOWLEDGE THAT MSO, ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, SPONSORS, THIRD PARTY SERVICE PROVIDERS, AND ANY THIRD PARTIES APPEARING ON THE WEBSITE AT THE INVITATION OF MSO, AS WELL AS THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS, SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES FOR PERSONAL INJURY OR WRONGFUL DEATH ARISING OUT OF (A) THE USE OF OR INABILITY TO USE THE WEBSITE OR THE INFORMATION SET FORTH THEREIN; (B) YOUR BREACH OF ANY WARRANTY OR CONTRACT; AND (C) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION, OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE WEBSITE OR ANY INFORMATION OR RECORDS ON THE WEBSITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, EVEN IF MSO OR SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
MSO NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE WEBSITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE ON THE WEBSITE BY ANYONE.
PLEASE SEEK THE ADVICE OF PROGESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE, OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO HEALTH, OR LIFESTYLE INFORMATION, OPINION, ADVICE, OR OTHER CONTENT.
PRIOR TO THE EXECUTION OF A PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, YOU ARE ADVISED TO CONSULT WITH YOUR BROKER OR OTHER FINANCIAL ADVISOR TO VERIFY PRICING AND OTHER INFORMATION. WE SHALL HAVE NO LIABILITY FOR INVESTMENT DECISIONS BASED UPON, OR THE RESULTS OBTAINED FROM, THE CONTENT PROVIDED HEREIN. NOTHING CONTAINED IN OUR WEBSITES SHALL BE CONSTRUED AS INVESTMENT ADVICE. WE ARE NOT A REGISTERED BROKER-DEALER OR INVESTMENT ADVISOR AND DO NOT GIVE ADVICE OR RECOMMEND ONE PRODUCT OVER ANOTHER.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, WE AND OUR AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE WEBSITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS, DOCUMENTS, AND OTHERWISE ON OUR WEBSITES OR IN CORRESPONDENCE WITH US OR OUR AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA OUR WEBSITE ARE PROVIDED BY US “AS IS,” EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND US OR OUR LICENSOR OR SUPPLIER.
We control and operate our Websites from our offices in the United States of America. We do not represent that materials on the Websites are appropriate or available for use in other locations. If you choose to access our Websites from other locations, you do so at your own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Persons who choose to access and use our Websites are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. We may limit the Website’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time, and in our sole discretion.
Linking To Our Websites
If you are interested in linking to our Websites from your website, please contact us. We may approve or deny your request in our sole discretion.
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available and may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following websites: GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). MSO does not endorse any of the products or services listed at such sites.
Information or Complaints
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding our Websites, please contact us. You may also contact us by calling us at 1-800-950-0019 (U.S. and Canada toll-free). California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.