Terms of Use


 

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. 

The following terms of use agreement (the “Terms of Use”) governs your access to and use of the Martha Stewart Café website, including any content and services offered by this website, whether accessed via Internet, mobile, or other device or through applications and sites affiliated with MSO products (collectively, the “Website”).  By using the Websites, you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, please do not use the Websites.

General

We reserve the right to change these Terms of Use from time to time, without actual notice to you, by posting a revised Terms of Use on this website. You can determine when the Terms of Use were last revised by referring to the "Last Updated" legend at the top of this page. We encourage you to review these Terms of Use on a regular basis to stay informed about any changes to the Terms of Use. By continuing to use the Websites following changes, you are agreeing to be bound by the changes.

We may change, suspend, or discontinue any aspect of the Website at any time, including the availability of any feature, database, or content. 

While we try to maintain the integrity and security of our Websites and the servers from which our Websites are operated, we cannot guarantee absolute security, completeness, or correctness, or that access to our Websites will be uninterrupted. Our Websites may include inaccuracies, errors, and materials that violate or conflict with these Terms of Use. Additionally, third parties may make unauthorized alterations to our Websites. If you become aware of any unauthorized third party alteration to our Websites, please contact us with a description of the material(s) at issue and the URL or location on our Websites where such material(s) appear.

Account Registration 

In order to better access and use our Website, we encourage you to create an account on our Website. If and when you decide to register for an account, you agree to (1) provide accurate, current, and complete information about yourself; (2) maintain and update your information to keep it accurate, current, and complete; and (3) comply with the Terms of Use. You may review, correct, change, or update your information by visiting “My Account” or by contacting us. If any information provided by you is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your membership and/or access to our Website.

Registration with our Website is required in order to access certain interactive services, such as providing product reviews. Your registration information will be handled by us in accordance with our Privacy Policy, which you should review prior to registering with us.

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.

You may delete your profile entirely by contacting us. If your email address is canceled or becomes inactive or inaccessible for an extended period of time, we may cancel your account and delete all or part of your profile, to the extent allowed by law and in accordance with our security measures. We also reserve the right to cancel your membership or prohibit your participation in any or all of the Website if you violate any provision of these Terms of Use or our Privacy Policy.

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

If you wish to purchase any product made available through our Website, you may be asked to supply certain information relevant to your purchase, including your credit card number, the expiration date of your credit card, your billing address, and your shipping information. This information will be treated by MSO in accordance with our Privacy Policy. By submitting such information, you grant MSO the right to provide such information to third parties for purposes of facilitating the completion of your purchases. Verification of information may be required prior to the acknowledgment or completion of any purchase.

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. 

Typographical Errors

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.

User Conduct

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
        Website;
•    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.

This list is non-exhaustive. Other conduct may violate these Terms of Use, our Privacy Policy, or applicable laws, so we advise you to be cautious and aware of how you use, and your conduct on, our Website. 

Submissions

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.

Some Contests may offer prizes to participants. All prizes are subject to the official game or contest rules published with that Contest. We encourage you to read those rules, as well as to review our Privacy Policy, which governs how we use any information you submit in connection with a Contest.

MSO reserves the right to cancel, terminate, or alter any Contest or the rules thereof at any time without prior notification.

Trademarks

"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

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.

Copyright Agent
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
E-mail: copyright@marthastewart.com

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

You may be able to link from our Website to third party websites, services, and advertisements, and third party websites may link to our Website (“Linked Sites”). These Linked Sites are provided solely as a convenience to you and may not be under the control of MSO. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code, or other materials which may or may not be provided by or through Linked Sites. The inclusion of links to Linked Sites does not imply endorsement, sponsorship, or recommendation by us of such websites or the information, content, products, services, advertising, code, or other materials presented on or through such websites. MSO disclaims any liability for links (1) to our Website from another website and (2) to another website from our Website. MSO cannot guarantee the standards of any website to which links are provided on our Website nor shall we be held responsible for the contents of such sites, or any subsequent links. We do not represent or warrant that the contents of any third party website are accurate, compliant with state or federal law, or compliant with copyright or other intellectual property laws. Any reliance on the contents of a third party website is done at your own risk and you assume all responsibilities and consequences resulting for such reliance. Please review our Privacy Policy for more information.

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.

Indemnification

You agree to defend, indemnify, and hold harmless MSO, its affiliates, and its third party service providers, and each of their respective controlling shareholders, directors, officers, employees, owners, licensors and agents, from and against all claims, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of (a) your breach of these Terms of Use; (b) your activities in connection with our Website or information provided therein (including any third party services); and/or (c) communications and disputes between you and any other users or third parties (including any third party provider or third party vendor). We may participate in the defense of any claim at our own cost. You shall not settle any claim that affects us without our prior written approval.

Termination

Your only right with respect to any dissatisfaction with (1) these Terms of Use, (2) any policy or practice of ours in operating the Website, or (3) any content available through the Website or any change therein, is to stop visiting and using the Website. We may terminate your use of the Websites at any time, in our sole discretion, without notice or liability. We shall not be required to make any information or files available to you after any termination. The following sections will survive any termination of the Terms of Use: "Submissions," "Copyright," "Trademarks," "Third Party Sites," "Disclaimer of Warranty; Limitation of Liability," "Indemnification," "Termination," and "Miscellaneous."

Privacy

Please review our Privacy Policy for information on our website security measures and the protection of your personal information.

Miscellaneous

These Terms of Use, our Terms of Sale, our Privacy Policy, and any other operating rules for the Website established by us constitute the entire understanding between you and us with respect to the use of the Websites. 

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.

These Terms of Use shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. You agree to exclusive jurisdiction by the federal and state courts located in New York County, New York State, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. 

You may not assign, transfer, or sublicense any or all of your rights or obligations under the Terms of Use without our express prior written consent. We may assign, transfer, or sublicense any or all of our rights or obligations under these Terms of Use without restriction. If any provision of these Terms of Use is found to be unenforceable for any reason, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

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.

Filtering

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.