Terms and Conditions
Legal References and Definitions
- This Website (or this Application)
- The asset that facilitates the delivery of the Service.
- Agreement
- A legally binding or contractual arrangement between the Owner and the User, regulated by these Terms.
- Owner (or We)
- Our Website – The individual(s) or legal entity that offers this Website and/or the Service to Users.
- Service
- The offering made available by this Website as detailed in these Terms and present on this Website.
- Terms
- Regulations applicable to the use of this Website and Services found in this or other relevant documents, subject to periodic changes without prior notice.
- User (or You)
- The individual or entity that utilizes this Website.
This document constitutes an agreement between You and Our Website.
You recognize and consent that by accessing or utilizing this Website or engaging with any services provided by it, you have agreed to adhere to these terms of service (“Terms of Service”), our privacy notice (“Privacy Notice”), and any supplementary terms that may apply.
These Terms govern:
- the conditions under which access and use of this website is permitted, and
- any other related Agreement or legally binding relationship with the Owner
in a legally enforceable manner. The meanings of capitalized terms are provided in the relevant sections of this document.
Users are required to thoroughly review this document.
If you do not agree to all of these Terms of Service and any additional terms that are applicable to you, refrain from utilizing this Website.
This Website is provided by:
Our Website
16 High Point Ave.
Brooklyn, NY 11225
United States
Owner contact email: [email protected]
Important Information for Users
- Age restrictions on using this Website and the Service: Users must be an adult as per applicable laws to access and use this Website and any associated Services.
- Be aware that specific provisions within these Terms may apply solely to particular categories of Users. Specifically, some sections may pertain only to Consumers or those Users who do not qualify as Consumers. Such limitations will be clearly stated in the relevant sections. If no such mention is present, the sections apply universally to all Users.
Usage Terms
Additional or specific conditions of access or use may apply to particular cases, as indicated within this document.
By utilizing this Website, Users affirm that they satisfy the following criteria:
- There are no limitations regarding User categories, whether Business/Commercial Users or Consumers.
- Users must be acknowledged as adults by the laws in effect.
Website Content
Unless stated otherwise, all Content on the Website is owned or provided by the Owner or its licensors.
The Owner has made efforts to ensure that Website Content complies with legal standards and does not infringe on third-party rights. However, achieving this is not always feasible.
In such instances, Users are urged to report any complaints using the contact information provided in this document.
Content Rights on this Website – All Rights Reserved
The Owner retains all intellectual property rights to such content.
As a result, Users may not use any of this content in ways that are unnecessary or not implied in the proper usage of the Website/Service.
Accessing External Resources
Users may access external resources from third parties through this Website. Users acknowledge and understand that the Owner has no control over these resources.and is thus not liable for the content and availability of such resources.
The conditions that apply to any resources provided by third parties—including any potential rights granted in the content—are determined by the terms and conditions of each respective third party or, in the absence of those, applicable statutory law.
Acceptable use
The Website and the Service can only be utilized within the framework they are intended for, according to these Terms and relevant laws.
Users bear the sole responsibility for ensuring that their utilization of this Website and/or the Service does not contravene any applicable laws, regulations, or rights of third parties.
Liability and indemnification
Australian Users
Limitation of liability
No provision in these Terms excludes, limits, or modifies any guarantee, condition, warranty, right, or remedy that the User may possess under the Competition and Consumer Act 2010 (Cth) or any comparable State and Territory legislation that cannot be excluded, limited, or modified (non-excludable right). To the maximal extent allowed by law, the Owner’s liability to the User, including for breaches of non-excludable rights and other liabilities not excluded by these Terms of Use, is confined, at the Owner’s sole discretion, to the re-performance of the services or the reimbursement of the cost of having the services redelivered.
US Users
Disclaimer of Warranties
This Website is available strictly on an “as is” and “as available” basis. Usage of the Service is at the User’s own risk. To the fullest extent allowed by relevant law, the Owner expressly disclaims all conditions, representations, and warranties—whether express, implied, statutory, or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. User will not have any warranty created by any advice or information, oral or written, received from the Owner or through the Service unless expressly stated herein.
Without limiting the foregoing, the Owner, along with its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers, and employees, does not guarantee the accuracy, reliability, or correctness of the content; that the Service will meet User’s expectations; that the Service will be available at any specific time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free from viruses or harmful components. Any content obtained through the use of the Service is at User’s own risk, and Users are solely responsible for any damage to User’s computer system or mobile device, or loss of data that may occur due to such downloads or use of the Service.
The Owner does not certify, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service or any linked website or service, and the Owner shall not be involved in or monitor any transactions between Users and third-party product or service providers.
The Service may become unavailable or may not function correctly with User’s web browser, mobile device, and/or operating system. The Owner is not liable for any actual or perceived damages resulting from Service content, operation, or usage of this Service.
Some jurisdictions, including federal law and some states, do not permit the exclusion or limitation of certain implied warranties. Thus, the above exclusions may not apply to Users. This Agreement provides Users with specific legal rights, and Users may also possess additional rights that can differ from state to state. The disclaimers and exclusions in this agreement will not apply where prohibited by applicable law.
Limitations of liability
To the maximum extent…to the fullest extent allowed by relevant law, the Owner, along with its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees, shall not be held responsible for
- any special, consequential, indirect, punitive, incidental, or exemplary damages, including, but not limited to, damages related to loss of profits, goodwill, use, data, or other intangible losses that arise out of or are tied to the use of, or the inability to use, the Service; and
- any damage, loss, or injury that results from hacking, tampering, or other unauthorized access to or use of the Service or User account, as well as the information contained therein;
- any inaccuracies, errors, or mistakes regarding content;
- personal injury or any property damage that occurs as a result of User’s access to or usage of the Service;
- any unauthorized access or utilization of the Owner’s secure servers and/or any and all personal information that is stored there;
- any interruptions or halts in transmission to or from the Service;
- any bugs, viruses, trojan horses, or similar issues that may be transmitted to or through the Service;
- any errors or omissions within any content, or any losses or damages incurred due to the use of any content that has been posted, emailed, transmitted, or otherwise made available through the Service; and/or
- the illegal, offensive, or defamatory conduct of any User or third party. In no instance shall the Owner, along with its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees, be liable for any claims, liabilities, obligations, damages, losses, costs, or expenses exceeding the amount that the User has paid to the Owner under this agreement in the previous 12 months, or the shorter period of time during which this agreement stands between the Owner and User.
This section regarding limitation of liability shall be applicable to the maximum extent permitted by law in the relevant jurisdiction, regardless of whether the alleged liability is founded on contract, tort, negligence, strict liability, or any other grounds, even if the Owner has been informed of the potential for such damages.
Certain jurisdictions do not permit the exclusion or limitation of incidental or consequential damages; thus, the previously mentioned limitations or exclusions may not be relevant to the User. The terms provide the User with specific legal rights, and the User may possess other rights that differ from one jurisdiction to another. The disclaimers, exclusions, and restrictions of liability under the terms shall remain inapplicable to the extent that such application is prohibited by the pertinent law.
Indemnification
The User consents to defend, indemnify, and protect the Owner along with its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees from any and all claims or demands, damages, obligations, losses, liabilities, costs or debts, and expenses, which include, but are not limited to, legal fees and expenses that arise from
- the User’s access to and use of the Service, encompassing any data or content that the User transmits or receives;
- any violations of these terms by the User, particularly any breach of the representations and warranties articulated in these terms;
- the User’s infringement of any rights belonging to third parties, including any rights to privacy or intellectual property;
- the User’s breach of any statutory laws, rules, or regulations;
- any content that is submitted from the User’s account, including instances of third-party access using the User’s unique username, password, or other security measures, if applicable, including, misleading, false, or inaccurate information;
- willful misconduct by the User; or
- statutory obligations imposed on 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
The Owner’s inaction in asserting any right or provision under these Terms does not indicate a waiver of such right or provision. A waiver shall not be interpreted as a continuing waiver of that term or any other term.
Service interruption
In order to maintain optimal service levels, the Owner retains the right to pause the Service for maintenance, system updates, or any other changes, providing appropriate notice to the Users.
Within legal limits, the Owner may also choose to suspend or discontinue the Service entirely. If the Service is ended, the Owner will assist Users to allow them to retrieve Personal Data or information according to applicable law.
Additionally, the Service may not be accessible due to circumstances outside the Owner’s reasonable control, such as “force majeure” events (for example, labor disputes, infrastructure failures, or power outages).
Service reselling
Users are prohibited from reproducing, duplicating, copying, selling, reselling, or exploiting any part of this Website and its Service without prior written consent from the Owner, granted either directly or through an authorized reselling program.
Privacy policy
Users may consult the privacy policy of this Website to gain further insight into the use of their Personal Data.
Intellectual property rights
All intellectual property rights associated with this Website, including copyrights, trademark rights, patent rights, and design rights, are solely owned by the Owner or its licensors.
All trademarks and other identifiers, trade names, service marks, wordmarks, illustrations, images, or logos linked to this Website and/or the Service belong exclusively to the Owner or its licensors.
These intellectual property rights are safeguarded by relevant laws and international treaties concerning intellectual property.
Changes to these Terms
The Owner holds the right to alter or modify these Terms at any time. In such instances, the Owner will duly notify the User of the changes.
These modifications will only affect the future relationship with the User.
The continued use of the Website and/or the Service by the User will indicate acceptance of the updated Terms.
Refusal to accept the revised Terms may allow either party to terminate the Agreement.
If required by applicable law, the Owner will specify the deadline for when the modified Terms take effect.
Assignment of contract
The Owner maintains the right to transfer, assign, dispose of, or subcontract any or all rights under these Terms. The provisions regarding changes to these Terms will apply accordingly.
Users are not permitted to assign or transfer their rights or obligations under these Terms in any manner without obtaining written permission from the Owner.
Contacts
All inquiries related to the use of this Website must be directed to the contact information specified in this document.
Severability
If any provision of these Terms is found to be invalid or unenforceable under applicable law, the invalidity or unenforceability of that provision will not impact the remaining provisions, which will continue to be in full force and effect.
EU Users
If any provision of these Terms is or is deemed to be void, invalid, or unenforceable, the parties will strive to amicably reach an agreement on valid and enforceable provisions to replace the void, invalid, or unenforceable parts.
If this effort fails, the void, invalid, or unenforceableIf permitted or stated under the applicable law, the relevant statutory provisions shall replace the provisions in question.
Notwithstanding the above, the entirety of the Agreement shall not be nullified by the nullity, invalidity, or inability to enforce a specific provision of these Terms, unless the severed provisions are fundamental to the Agreement or are so significant that the parties would not have agreed to the contract had they been aware of the provision’s invalidity. This also applies when the remaining provisions create an undue hardship for any of the parties involved.
US Users
Any invalid or unenforceable provision will be interpreted, analyzed, and modified as reasonably necessary to render it valid, enforceable, and aligned with its original intent. These Terms represent the complete Agreement between Users and the Owner concerning the subject matter herein, overriding all previous communications, including but not limited to all former agreements between the parties regarding said subject matter. to the maximum extent allowed by law, these Terms shall be enforced.
Governing law
The governing law of these Terms is that of the location where the Owner is situated, as indicated in the relevant part of this document, without consideration for conflict of laws principles.
Exception for European Consumers
Nonetheless, if the User qualifies as a European Consumer and resides in a country that offers a higher level of consumer protection, those higher standards will take precedence, regardless of the previous provision.
Venue of jurisdiction
The exclusive authority to resolve any disputes arising from or related to these Terms resides with the courts located in the area where the Owner is situated, as detailed in the relevant section of this document.
Exception for European Consumers
The aforementioned does not apply to Users who qualify as European Consumers, nor to Consumers residing in Switzerland, Norway, or Iceland.
Last Updated: January 6, 2025