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The use of this website is subject to the following.
Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which, together with our Privacy Policy [see infra], govern the entire relationship between you and the newyorkshopexchange.com as pertains to use of this website. The term 'Company' or 'us' or 'we' refers to the owner of the website whose registered office is 32 Masonic Street, Suite E, Northampton, MA 01060. The term 'you' refers to you, the user or viewer of our website.
The content of the pages of this website is for your general information and use only. It is subject to change without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
This website contains material which is owned by or licensed to us. This material includes, but is not limited to: the design, layout, look, appearance and graphics on the website. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
From time to time this website may also include links to other websites. These links are provided for your convenience only, and are solely to provide you with further information. They do not signify that we endorse the website(s) behind the links. We take no responsibility whatsoever for any content found on the linked website(s). You may not create a link to this website from another website or document without the Company's prior written consent. Your use of this website and any dispute arising out of such use of this website is subject to the laws of the United States of America.
This website is provided "as is" without any representations or warranties, either express or implied. The Company makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, we do not warrant any of the following: that this website will be constantly available, or available at all; or that the information on this website is complete, true, accurate or non-misleading. Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any matter (legal, financial, medical, or otherwise) you should consult an appropriate professional.]
The Company will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website: to the extent that the website is provided free-of-charge, for any direct loss; for any indirect, special or consequential loss; or for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data. These limitations of liability apply even if the Company has been expressly advised of the potential loss.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the Company’s liability in respect of any: death or personal injury caused by the Company’s negligence; fraud or fraudulent misrepresentation on the part of the Company; or matter which it would be illegal or unlawful for the Company to exclude or limit, or to attempt or purport to exclude or limit, its liability.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
You accept that, as a limited liability entity, the Company has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against the Company's officers or employees with respect to any losses you suffer in connection with the website. [Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect the Company's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as New York Shop Exchange itself.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Newyorkshopexchange.com has complete ownership of copyright.
The copyright in this website and the material on this website
(including, but not limited to: text, computer code, artwork,
photographs, images, music, audio material, video material and
audio-visual material on this website) is owned exclusively by the
Company [and its licensors].
The Company grants to you a worldwide, non-exclusive, royalty-free, and revocable license to: view this website and the material on this website on a computer or mobile device via a web browser; copy and store this website and the material on this website in your web browser cache memory; and print pages from this website for your own (personal and non-commercial) use. The Company does not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved. For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without the Company's prior written permission.
The automated and/or systematic collection of data from this website is strictly prohibited.
You may request permission to use the copyrighted materials on this website by writing to legal@newyorkshopexchange.com.
The Company takes the protection of its copyright very seriously. If we discover that you have used its copyright materials in contravention of the license above, the Company may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs. If you become aware of any use of the Company's copyrighted materials that contravenes or may contravene the license above, please report this by email to legal@newyorkshopexchange.com or by post to the Company.
If you become aware of any material on the website that you believe infringes your own or any other person's copyright, please report this by email to legal@newyorkshopexchange.com or by post to the Company
Accepted Methods of Payment include: credit card (Visa, Master Card,
American Express, Discover); check or money order.
ACH Credit Card Charges:
Your credit card will be charged when you place your order. If we are
not able to fulfill your order for any reason your credit card will be
refunded the entire amount. If you are unsatisfied with your
subscription purchase for any reason, we will refund your account for
the prorated reminder of your contract.
For check or money order payments:
New York Shop Exchange
32 Masonic Street
Suite E
Northampton, MA 01060
413-585-8555
info@newyorkshopexchange.com
By entering into this Agreement you specifically give us the following permissions by uploading or otherwise making your authorized content (“Content”) available to us:
You are affirmatively granting the Company a royalty-free, non-exclusive right and license to modify, distribute, store, copy, host, cache, route, transmit, perform, display, reformat, excerpt, analyze, and create algorithms based on the Content so as to:
You are affirmatively licensing the Company the right to display your Content via streaming and/or downloading technologies and to display your Content for no fee to the end user. The Company may, in it’s sole discretion, display links to the website you designate on your marketspace page in the following ways:
You are expressly granting to the Company the right to display advertisements in connection with the display of any of your Content.
You are expressly agreeing that all links provided by you (the member) function properly and effectively, allowing end users the ability to immediately be transferred to such intended website(s). You affirm that you (the Member) are solely responsible for the maintenance and upkeep of these links as necessary. You understand that the failure to do so may result in the immediate termination of the Agreement between you and the Company, without notice to you, and within the sole discretion of the Company.
Notwithstanding the foregoing, the Company is not required to ultimately host, display, or catalogue any of your uploaded Content or other content provided to the Company. The Company may remove or refuse to host, display, or catalogue any of your Content, within our sole discretion. The Company is not responsible for any loss, theft, damage to the Content, or copyright / trademark / intellectual property infringement of any kind, as outlined in our Terms of Use [see supra].
By signing the Membership Agreement, you hereby grant the Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use your name and any brand features (logos, etc.) associated with your authorized Content; and to use excerpts from your Content for advertising and/or promotional purposes (including, without limitation, the right to publicly display, redistribute, reproduce, or otherwise perform such excerpts and brand features on the internet; and in presentations, marketing materials, website business listings, and financial reports).
Should this Agreement be terminated by either party, the Company may continue to use such brand features and Content excerpts, within our sole discretion, in printed materials (not “online”) that are in existence at the date of the termination, until such materials are depleted or redesigned, whichever comes first.