Terms and Conditions
Definitions and legal references
- This Website (or this Application)
- The property that facilitates the provision of the Service.
- Agreement
- A legally binding relationship or contract between the Owner and the User, as governed by these Terms.
- Owner (or We)
- Our Website – The individual(s) or legal entity that provides this Website and/or the Service to Users.
- Service
- The service offered by this Website, as outlined in these Terms and on this Website.
- Terms
- Conditions applicable to the use of this Website and Services, found in this or other related documents, with the potential for changes over time without notice.
- User (or You)
- The individual or legal entity that utilizes this Website.
This document constitutes an agreement between you and our Website.
By accessing or utilizing this website or any services that are owned or operated by this website, you acknowledge and agree to be bound by these terms of service (“Terms of Service”), our privacy notice (“Privacy Notice”), and any other applicable terms.
These Terms regulate
- the conditions for the usage of this website, and
- any other related Agreements or legal relationships with the Owner
in a legally binding manner. Defined capitalized terms can be found in relevant sections of this document.
The User is required to read this document thoroughly.
If you do not agree to all of these Terms of Service and any additional terms applicable to you, please do not use this website.
This Website is provided 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 for usage of this Website and the Service: To access and utilize this Website and any of its Services, the User must be an adult as defined by applicable law.
- Be aware that certain provisions in these Terms may only apply to specific categories of Users. Notably, some provisions may pertain exclusively to Consumers or those Users who do not qualify as Consumers. Such limitations will always be explicitly stated within each applicable section. In the absence of any statements to the contrary, sections apply to all Users.
Terms of use
Specific cases may have single or additional conditions of use or access, which are indicated further in this document.
By utilizing this Website, Users affirm that they meet the following criteria:
- There are no limitations for Users regarding their status as Business/Commercial Users or Consumers.
- Users must be recognized as adults by applicable law.
Content on this Website
Unless stated otherwise, all Website Content is owned or provided by the Owner or its licensors.
The Owner has made efforts to ensure that the Website Content complies with legal provisions and respects third-party rights. However, achieving this result is not always feasible.
In instances where there are issues, Users are encouraged to report any complaints using the contact details provided in this document.
Rights regarding content on this Website – All rights reserved
The Owner retains all intellectual property rights for such content.
As a result, Users are prohibited from using any of this content in ways that are not necessary or implicit for the proper use of the Website/Service.
Access to external resources
Users may access external resources provided by third parties through this Website. Users acknowledge and accept that the Owner has no control over these resources and istherefore, we are not liable for content or availability.
Any conditions that pertain to resources offered by third parties, including regarding any potential rights granted in content, are dictated by the terms and conditions of the respective third party or, in their absence, by applicable statutory law.
Acceptable use
The Service and this Website can only be utilized according to their designated purposes, under these Terms and relevant law.
Users bear full responsibility for ensuring that their usage of this Website and/or the Service conforms with all applicable laws, regulations, and does not infringe upon third-party rights.
Liability and indemnification
Australian Users
Limitation of liability
These Terms do not exclude, restrict, or modify any guarantee, condition, warranty, right, or remedy that the User may possess under the Competition and Consumer Act 2010 (Cth) or any similar state and territory legislation that cannot be excluded, restricted, or modified (non-excludable right). To the fullest extent permitted by law, the Owner’s liability to the User, which includes liability for breaching a non-excludable right and any liability not otherwise excluded under these Terms of Use, is confined, solely at the Owner’s discretion, to the re-performance of the services or covering the cost of having the services supplied again.
US Users
Disclaimer of Warranties
This Website is strictly offered on an “as is” and “as available” basis. Users engage with the Service at their own risk. To the maximum extent allowable by applicable law, the Owner explicitly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including but not limited to implied warranties of merchantability, fitness for a specific purpose, or non-infringement of third-party rights. No advice or information, whether conveyed orally or in writing, acquired by Users from the Owner or via the Service will establish any warranty not expressly outlined herein.
In addition, the Owner, along with its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers, and employees does not guarantee that the content is accurate, reliable, or correct; that the Service will fulfill User’s needs; that the Service will be available at any specific time or place, uninterrupted or secure; that errors or defects will be rectified; or that the Service is devoid of viruses or other harmful elements. Any content downloaded or otherwise acquired through using the Service is at the User’s own risk, and Users are solely liable for any damage to their computer or mobile device or any data loss resulting from such downloads or usage of the Service.
The Owner does not guarantee, endorse, or take responsibility for any products or services advertised or offered by a third party via the Service or any hyperlinked website or service, and the Owner will not engage in or monitor any transactions between Users and third-party providers of products or services.
The Service might become unavailable or malfunction with the User’s web browser, mobile device, or operating system. The Owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or usage.
Federal law, along with some states and jurisdictions, prohibits the exclusion and limitations of certain implied warranties. The aforementioned exclusions may not apply to Users. This Agreement grants Users specific legal rights, and Users might also possess other rights that differ from state to state. The disclaimers and exclusions stated in this agreement will not apply to the extent prohibited by applicable law.
Limitations of liability
To the maximum extent“`html
to the fullest extent permitted by applicable law, the Owner, along with its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees, shall not be liable for
- any indirect, punitive, incidental, special, consequential, or exemplary damages, which include but are not limited to damages for profit loss, goodwill, use, data, or other intangible losses arising from or related to the use of, or the inability to use, the Service;
- any damage, loss, or injury that results from hacking, tampering, or other unauthorized access or use of the Service or a User’s account and the information contained within it;
- any inaccuracies, errors, or mistakes in content;
- personal injuries or property damage of any nature whatsoever that result from a User’s access to or use of the Service;
- any unauthorized access to or use of the Owner’s secure servers and/or any personal information stored therein;
- any interruption or cessation of transmission to or from the Service;
- any bugs, viruses, trojan horses, or similar items that may be transmitted to or through the Service;
- any errors or omissions found in any content, or for any loss or damages resulting from the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or
- the defamatory, offensive, or illegal conduct of any User or third-party. In no circumstance shall the Owner, along with its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for any claims, actions, liabilities, obligations, damages, losses, or costs that exceed the total amount paid by the User to the Owner in this agreement during the previous 12 months, or the duration of this agreement between the Owner and the User, whichever is shorter.
This limitation on liability shall apply to the maximum extent permitted by law within the applicable jurisdiction, regardless of whether the alleged liability is grounded in contract, tort, negligence, strict liability, or any other basis, even if the Owner has been alerted to the potential for such damages.
Some jurisdictions do not permit the exclusion or limitation of incidental or consequential damages; therefore, the limitations or exclusions mentioned above may not be applicable to the User. The terms grant the User specific legal rights, and the User may also possess other rights that can vary from one jurisdiction to another. The disclaimers, exclusions, and liability limitations contained in these terms shall not apply to the extent that it is prohibited by applicable law.
Indemnification
The User agrees to defend, indemnify, and hold harmless the Owner, along with its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees, from and against all claims or demands, damages, obligations, losses, liabilities, costs, debts, and expenses, including but not limited to legal fees and expenses, that arise from
- the User’s access to and use of the Service, including any data or content sent or received by the User;
- any breach of these terms by the User, including but not limited to the User’s violation of any of the representations and warranties outlined herein;
- infringement of any third-party rights by the User, including but not limited to any privacy rights or intellectual property rights;
- any violation of statutory laws, rules, or regulations by the User;
- any content submitted from the User’s account, including access by third parties using the User’s unique username, password, or other security measures, if applicable, including but
“`information; - Willful misconduct by the User; or
- statutory provisions pertaining to the User or its affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees, as permitted by applicable law.
Common provisions
No Waiver
A failure by the Owner to enforce any right or provision under these Terms does not imply a waiver of that right or provision. Such a waiver shall not be deemed a continuing or further waiver of that specific term or any other clauses.
Service interruption
To maintain optimal service levels, the Owner retains the authority to interrupt the Service for purposes of maintenance, system enhancements, or any other necessary adjustments, ensuring appropriate notification to the Users.
Within legal limits, the Owner may also opt to suspend or entirely terminate the Service. Should termination occur, the Owner will assist Users in retrieving Personal Data or other information in compliance with applicable law.
Moreover, the Service may be unavailable due to circumstances beyond the Owner’s reasonable control, such as “force majeure” (e.g., labor disputes, infrastructure failures, or power outages).
Service reselling
Users are prohibited from reproducing, duplicating, copying, selling, reselling, or utilizing any part of this Website or its Service without obtaining explicit prior written consent from the Owner, either directly or through an authorized reselling program.
Privacy policy
For further details regarding the handling of Personal Data, Users are encouraged to review the privacy policy associated with this Website.
Intellectual property rights
All intellectual property rights, including copyrights, trademarks, patent rights, and design rights associated with this Website are owned exclusively by the Owner or its licensors.
All trademarks and associated marks, trade names, service marks, wordmarks, illustrations, images, or logos linked to this Website and/or the Service are the sole property of the Owner or its licensors.
These intellectual property rights are safeguarded by relevant laws or international treaties governing intellectual property.
Changes to these Terms
The Owner holds the right to modify or amend these Terms at any time. In such instances, the Owner will duly inform the User of such modifications.
Changes will only pertain to future interactions with the User.
Continued use of the Website and/or Service by the User will indicate acceptance of the revised Terms.
Failure to accept the updated Terms may allow either party to terminate the Agreement.
If mandated by applicable law, the Owner will specify the effective date for the modified Terms.
Assignment of contract
The Owner retains the right to transfer, assign, dispose of, or subcontract any or all rights outlined in these Terms. Provisions relating to the alteration of these Terms will apply as appropriate.
Users are not permitted to assign or transfer their rights or obligations under these Terms without obtaining prior written consent from the Owner.
Contacts
All communications concerning the use of this Website must be directed to the contact information provided in this document.
Severability
If any provision of these Terms is found or deemed invalid or unenforceable according to applicable law, the invalidity or unenforceability of such provision will not impact the validity of the remaining provisions, which will continue to be enforceable.
EU Users
If any section of these Terms is declared void, invalid, or unenforceable, the parties shall make every effort to agree amicably on valid and enforceable provisions substituting the void, invalid, or unenforceable parts.
If an agreement cannot be reached, the void, invalid, or unenforceableIf permitted or stated under applicable law, provisions will be replaced by the relevant statutory provisions.
Notwithstanding the above, the nullity, invalidity, or inability to enforce a particular provision within these Terms will not void the entire Agreement unless the severed provisions are critical to the Agreement. This applies especially when the parties would not have formed the contract had they been aware of the provision’s invalidity, or in cases where the remaining provisions would cause unacceptable hardship for any of the parties.
US Users
Any invalid or unenforceable provision will be interpreted, construed, and reformed as necessary to make it valid, enforceable, and aligned with its original intent. These Terms represent the complete Agreement between Users and the Owner concerning the subject matter, overriding all previous communications, including but not limited to any prior agreements between the parties relevant to this matter. The Terms will be enforced to the maximum extent allowed by law.
Governing law
These Terms are regulated by the legal framework of the location where the Owner is based, as specified in the relevant section of this document, without consideration of conflict of laws principles.
Exception for European Consumers
Nonetheless, if the User is classified as a European Consumer and resides in a country where the law offers a higher standard of consumer protection, those higher standards will take precedence.
Venue of jurisdiction
The exclusive authority to resolve any disputes arising from or related to these Terms is held by the courts located in the area where the Owner is based, as indicated in the relevant section of this document.
Exception for European Consumers
The above stipulations do not apply to Users classified as European Consumers, nor to Consumers residing in Switzerland, Norway, or Iceland.
Last Updated: November 18, 2024