Products, Orders, Prohibition on Reselling, and Price
The information on this site does not constitute a binding offer to sell products described on the site. We reserve the right at any time after receipt of your order to accept or decline your order or any portion thereof, in our sole discretion, even after your receipt of an order confirmation or after your credit card has been charged. You may not purchase any item from this site for resale by you or any other person, and you may not resell any item purchased from this site. The prices displayed on the site are quoted in US dollars and are intended to be valid and effective only in the United States. In the event a product is listed at an incorrect price, we have the right to refuse or cancel orders placed for the product listed at the incorrect price, regardless of whether the order has been confirmed or your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, we will issue a credit to your credit card account. Please review additional order information at https://www.hankypanky.com/login.asp?redirpage=secure/history.asp
Certain products are available exclusively online through the site. These products may have limited quantities and are subject to return or exchange only through the site according to the applicable return policy. We have made every effort to display as accurately as possible the colors of our products that appear on our site. We cannot guarantee that your computer monitor's display of any color will be accurate.
Accuracy, Completeness and Timeliness of Information on This Site
We are not responsible if information made available on this site is not accurate, complete or current. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to the site
Use of Material on the Site
All content on this site (including without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by Hanky Panky and/or its content providers and is protected by copyright, trademark and other applicable laws. The site and its contents are intended solely for personal, non-commercial use. No right, title or interest in any downloaded content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way the site or any of its contents. Unless otherwise specified, the site and its contents are intended to promote our products and services available in the U.S.
Trademarks and Copyrights
Trademarks, logos and service marks displayed on this site are registered and unregistered trademarks of Hanky Panky and/or their content providers, or other third parties and are the property of their respective owners. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.
User Comments, Feedback, and Other Submissions
Hanky Panky's longstanding company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Hanky Panky's employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If, at our request, you send certain specific submissions (for example contest entries) or without out a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that Hanky Panky may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to Hanky Panky. Hanky Panky is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. Hanky Panky has the right but not the obligation to monitor and edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Sites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Hanky Panky or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Hanky Panky takes no responsibility and assumes no liability for any Comments posted by your or any third party.
Hanky Panky respects the intellectual property of others. It is our policy to respond expeditiously to legitimate claims of copyright and other intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will terminate access for subscribers and account holders who are repeat infringers.
Notifying Hanky Panky of Copyright Infringement: To provide us with notice of an infringement, you must provide a written communication to the attention of “Hanky Panky DMCA Notification Dept.” At copyrightagent@Hanky Panky.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright.
Providing Hanky Panky with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected content. If your material has been removed and you feel that your material does not constitute infringement, you may provide Hanky Panky with a counter notification by written communication to the attention of “DMCA Counter Notification Dept.” at copyrightagent@Hanky Panky.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
Your use of this site is at your sole risk. The site is provided on an “as is” and “as available” basis. We reserve the right to restrict or terminate your access to the site or any feature or part thereof at any time. Hanky Panky expressly disclaims all warranties of any kind, whether expressed or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose and any warranties that materials on the site are noninfringing, as well as warranties implied from a course of performance or course of dealing, that access to the site will be uninterrupted or error-free, that the site will be secure, that the site or the server that makes the site available will be virus-free, or that information on the site will be complete, accurate or timely. If you download any materials from this site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such materials. No advice or information whether oral or written, obtained by you from Hanky Panky or through or from the site shall create any warranty of any kind. Hanky Panky does not make any warranties or representations regarding the use of the materials on this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.
In certain jurisdictions, the law may not permit the disclaimer of warranties, so the above disclaimer may not apply to you.
Limitation of Liability
You acknowledge and agree that you assume full responsibility for your use of the site. You acknowledge and agree that any information you send or receive during your use of the site may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that your use of the site is at your own risk and that the site is made available to you at no charge. Recognizing such, you acknowledge and agree that, to the fullest extent permitted by applicable law neither Hanky Panky nor its affiliates, suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to the site, or any other site you access through a link from this site or from any actions we take or fail to take as a result of communications you send to us or the delay or inability to use the site or for any information, products, or services advertised in or obtained through the site. Hanky Panky’s removal or deletion of any materials submitted or posted on its site or otherwise arising out of the use of the site, whether based on contract, tort, strict liability or otherwise, even if Hanky Panky, its affiliates or any of its suppliers has been advised of the possibility of damages. This disclaimer applies, without limitation to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, computer viruses, file corruption, communication on-line failure, network or system outage. Your loss of profits or theft, destruction, unauthorized access to, alteration of, loss or use of any record or data, and any other tangible or intangible loss. You specifically acknowledge and agree that neither Hanky Panky nor its suppliers shall be liable for any defamatory, offense or illegal conduct of any user of the site. Your sole and exclusive remedy for any of the above claims or any dispute with Hanky Panky is to discontinue your use of the site. You and Hanky Panky agree that any cause of action arising out of or related to the site must commence within one (1) year after the cause of action accrues or the cause of action is permanently barred. Because some jurisdictions do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of liability for consequential or incidental damages, all or a portion of the above limitation may not apply to you.
Jurisdiction and Applicable Law
Entire Agreement and Admissibility
If any provision of this Agreement is unlawful, void or unenforceable, the remaining provisions of the Agreement will remain in place.
New York, NY