Terms and Conditions
Definitions and legal references
- This Website (or this Application)
- This refers to the property that facilitates the provision of the Service.
- Agreement
- This denotes any legally binding or contractual relationship between the User and the Owner, as governed by these Terms.
- Owner (or We)
- Refers to Our Website – The individual(s) or legal entity responsible for providing this Website and/or the Service to Users.
- Service
- This indicates the service offered by the Website as delineated in these Terms and on this Website.
- Terms
- These are the provisions relevant to the utilization of this Website and Services within this or other connected documents, which may change occasionally without prior notice.
- User (or You)
- This represents the individual or legal entity engaging with this Website.
This document serves as an agreement between You and Our Website.
By accessing or utilizing this website or any services owned or operated by it, you acknowledge and agree to comply with these terms of service (“Terms of Service”), our privacy notice (“Privacy Notice”), and any other applicable terms.
These Terms govern:
- the conditions under which you are allowed to use this website, and
- any other relevant Agreement or legal connection with the Owner
ensuring a legally binding arrangement. Defined capitalized terms are situated in the relevant sections of this document.
It is essential for the User to read this document thoroughly.
If you disagree with any of these Terms of Service or additional terms applicable to you, please refrain from using this website.
This Website is offered by:
Our Website
16 High Point Ave.
Brooklyn, NY 11225
United States
Owner contact email: [email protected]
Summary of what the User should know
- Age restriction on usage of this Website and the Service : To use this Website and any of its Services, Users must be adults as per applicable law.
- Users should be aware that some sections within these Terms may be relevant only to specific categories of Users. Certain clauses may apply exclusively to Consumers or individuals not qualifying as Consumers. Explicit mentions of such limitations will be found within the respective sections. Where no mention is made, all sections apply universally to all Users.
Terms of use
Specific conditions of use or access might be applicable in particular instances, which will be indicated throughout this document.
By utilizing this Website, Users confirm their adherence to the following criteria:
- There are no restrictions concerning Users identified as Business/Commercial Users or Consumers.
- Users must be acknowledged as adults according to applicable law.
Content on this Website
Unless stated otherwise, all Website Content is either owned or provided by the Owner or its licensors.
The Owner has made efforts to ensure that the Website Content complies with legal statutes and third-party rights. Nevertheless, achieving complete compliance may not always be possible.
In such circumstances, Users are encouraged to report any grievances using the contact information provided in this document.
Rights regarding content on this Website – All rights reserved
The Owner retains all intellectual property rights to such content.
As a result, Users are prohibited from using any such content in ways that are not necessary or implied in the proper use of the Website/Service.
Access to external resources
Users may gain access to external resources offered by third parties through this Website. Users acknowledge and accept that the Owner lacks control over such resources and is thereforefor their content and availability, no responsibility lies therein.
Any conditions that pertain to resources supplied by third parties, including those concerning potential rights grants in content, arise from the terms and conditions of each respective third party or, if absent, the relevant statutory law.
Acceptable Use
The use of this Website and the Service is permitted only as intended, under these Terms and the applicable law.
Users bear full responsibility for ensuring that their use of this Website and/or the Service does not infringe upon any applicable laws, regulations, or rights of third parties.
Liability and Indemnification
For Australian Users
Liability Limitations
Under these Terms, no exclusion, restriction, or modification applies to any guarantee, condition, warranty, right, or remedy that the User holds under the Competition and Consumer Act 2010 (Cth) or any comparable State and Territory legislation which cannot be altered (non-excludable right). To the maximum extent allowed by law, our liability to the User—including for breaches of non-excludable rights and other liabilities not excluded under these Terms of Use—is restricted to, at the Owner’s discretion, either the re-performance of the services or the reimbursement of the cost required to have the services supplied again.
For US Users
Warranties Disclaimer
The provision of this Website is strictly on an “as-is” and “as-available” basis. The use of the Service is undertaken at User’s own peril. To the fullest extent allowed by law, the Owner explicitly disclaims all conditions, representations, and warranties—whether express, implied, statutory, or otherwise, including but not limited to any implied warranty of merchantability, suitability for a specific purpose, or non-infringement of third-party rights. No advice or information, either oral or written, acquired by User from Owner or through the Service will establish any warranty not explicitly stated herein.
Furthermore, the Owner, along with its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers, and employees do not guarantee the accuracy or reliability of the content; that the Service will fulfill User’s needs; that the Service will be available at specific times or locations without interruption or security breaches; that any defects or errors will be rectified; or that the Service is devoid of viruses or harmful elements. Any content retrieved or otherwise obtained via the Service is at User’s own risk, and Users assume sole responsibility for any harm to User’s computer system or mobile device, or data loss stemming from such downloads or the use of the Service.
The Owner does not warrant, support, guarantee, or accept liability for any product or service promoted or available through the Service or any linked website, nor will the Owner participate in or monitor any transaction between Users and third-party product or service providers.
Access to the Service may become unavailable, or it may not operate correctly with User’s web browser, mobile device, or operating system. The Owner accepts no liability for any perceived or actual damages arising from the content, operation, or use of this Service.
Certain federal laws, as well as specific states and jurisdictions, do not permit the exclusion or limitation of certain implied warranties. The above exclusions may not be applicable to Users. This Agreement grants Users specific legal rights, and Users may possess additional rights that vary from state to state. The disclaimers and exclusions within this agreement will not apply where prohibited by law.
Liability Limitations
To the fullest extent allowed…to, any claims arising from
- User’s engagement with and usage of the Service, comprising any data or content sent or received by User;
- User’s breach of these terms, covering, but not limited to, User’s infringement of any representations and warranties detailed in these terms;
- User’s infringement of third-party rights, including, but not limited to, any privacy rights or intellectual property rights;
- User’s contravention of any applicable statutory law, rule, or regulation;
- any content submitted via User’s account, including access by third parties utilizing User’s unique username, password, or other security measures, if applicable, including, but not limited to,
for any claims arising from User’s actions, the User commits to defend, indemnify, and protect the Owner alongside its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees from all claims or demands, damages, obligations, losses, liabilities, costs, debts, and expenses, including but not limited to legal fees and expenses, arising from the situations described above.
In accordance with the applicable law, the limitation of liability in this section shall be enforced to the fullest extent allowed in the relevant jurisdiction, regardless of whether the alleged liability arises from contract, tort, negligence, strict liability, or any other basis, even when the Owner has been informed of the potential for such damages.
Certain jurisdictions may not permit the exclusion or limitation of incidental or consequential damages, which means that the aforementioned limitations or exclusions might not be applicable to the User. These terms grant the User specific legal rights, and the User may possess additional rights that differ from one jurisdiction to another. The disclaimers, exclusions, and limitations of liability found in the terms will not be effective where prohibited by applicable law.
Indemnification
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- misinformation that is misleading, false, or inaccurate;
- misconduct that is willful on the part of the User; or
- statutory provisions set by the User or its affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees to the extent permitted by applicable law.
Common provisions
No Waiver
Failure by the Owner to exercise any right or provision under these Terms does not imply a waiver of such right or provision. A waiver shall not be construed as a continuing or further waiver of that term or any other term.
Service interruption
For the purpose of maintaining the highest level of service, the Owner retains the right to suspend the Service for maintenance, system updates, or other modifications, ensuring that Users are informed accordingly.
Within the limits set by law, the Owner may also choose to suspend or completely terminate the Service. Should termination occur, the Owner will assist Users in retrieving Personal Data or information in compliance with applicable law.
Additionally, the Service may become unavailable due to factors beyond the Owner’s reasonable control, including “force majeure” events (for example, labor disputes, infrastructure failures, or power outages).
Service reselling
Without the express prior written permission of the Owner—either directly or via an authorized reselling program—Users are prohibited from reproducing, duplicating, copying, selling, reselling, or exploiting any part of this Website and its Service.
Privacy policy
To obtain further details regarding the handling of their Personal Data, Users are encouraged to review the privacy policy associated with this Website.
Intellectual property rights
The Owner or its licensors hold exclusive intellectual property rights related to this Website, encompassing copyrights, trademark rights, patent rights, and design rights.
Trademarks and all associated marks, trade names, service marks, wordmarks, illustrations, images, or logos associated with this Website and/or the Service are owned solely by the Owner or its licensors.
Such intellectual property rights enjoy protection under applicable laws and international treaties concerning intellectual property.
Changes to these Terms
The Owner maintains the right to alter or adjust these Terms at any time. In these instances, the Owner will duly notify the User about such modifications.
Changes will impact the relationship with the User only moving forward.
If the User continues using the Website and/or the Service, it will indicate their acceptance of the updated Terms.
If the revised Terms are not accepted, either party may choose to terminate the Agreement.
Where applicable, the Owner will indicate the date upon which the modified Terms will take effect.
Assignment of contract
The Owner reserves the right to transfer, assign, dispose of, or subcontract any or all rights under these Terms. The provisions addressing changes to these Terms will apply accordingly.
Users may not assign or transfer their rights or obligations under these Terms in any manner without obtaining the Owner’s written consent.
Contacts
All correspondence concerning the utilization of this Website should be sent using the contact details provided in this document.
Severability
If any of these Terms is considered or becomes invalid or unenforceable under applicable law, such invalidity or unenforceability will not affect the remainder of the provisions, which shall continue to remain in full effect.
EU Users
If any provision of these Terms is or is deemed void, invalid, or unenforceable, the parties will make a concerted effort to reach an amicable agreement on valid and enforceable provisions, thereby replacing the void, invalid, or unenforceable sections.
Should that effort fail, the void, invalid, or unenforceable provisions
“`will be substituted by the relevant statutory provisions, where permitted or stated by the applicable law.
Notwithstanding the above, the incorrectness, invalidity, or inability to enforce a specific provision of these Terms shall not invalidate the entire Agreement, unless the severed provisions are crucial to the Agreement, or so significant that the parties would not have engaged in the contract had they been aware of the provision’s invalidity, or in situations where the remaining provisions would impose an intolerable burden on any of the parties.
US Users
Any such provision deemed invalid or unenforceable will be interpreted, formulated, and amended to the extent reasonably necessary to make it valid, enforceable, and aligned with its original intent. These Terms represent the comprehensive Agreement between Users and the Owner concerning the subject matter herein and supersede all prior communications, including but not limited to past agreements, regarding such subject matter. The enforcement of these Terms will be to the maximum extent allowed by law.
Governing law
The regulation of these Terms is managed by the law of the location where the Owner is based, as indicated in the pertinent section of this document, without consideration for conflicts of law principles.
Exception for European Consumers
Nevertheless, irrespective of the above, if the User qualifies as a European Consumer and resides in a country with a higher consumer protection standard under the law, such elevated standards shall take precedence.
Venue of jurisdiction
The exclusive authority to resolve any disputes arising from or related to these Terms is assigned to the courts of the location where the Owner is based, as displayed in the pertinent section of this document.
Exception for European Consumers
The aforementioned does not apply to Users who are classified as European Consumers, nor to Consumers situated in Switzerland, Norway, or Iceland.
Last Updated: November 18, 2024