Terms of use

Welcome to nyArt.com! Our products and services are subject to terms and conditions outlined below. By using this website, you agree to be bound by these terms and conditions. Please read them carefully.

The website is owned and operated by NY ART LLC.

Privacy

Please review our Privacy policy for a description of our privacy practices.

License and website access

By visiting this website, you are granted a limited, revocable license to access and make personal use of the website as our customer. You are not allowed to:

  • reproduce, duplicate, copy, sell, or otherwise exploit any product image, product listing, product description, price, page layout, page design, trademark, service mark, branding element, logo, or other website content for any commercial purpose, except as expressly provided by the owners of the website;
  • monitor, extract, or copy website content with the use of a robot, spider, or extraction or data mining tool or process (except as part of operation or use of internet search engines, hit counters, or similar technologies);
  • use any keywords, key terms, meta tags, search terms, or similar content which contains the website’s name, web address, or trademarks used on the website;
  • engage in any activity which interferes with operation of the website or other users’ ability to access and use the website;
  • alter, modify, reverse-engineer, decompile, disassemble, or create derivative works from any technology used in the operation of the website and services offered on the website;
  • assist or encourage any third parties in engaging in any activities prohibited by these terms of use.

Any use of the website or website content not expressly authorized herein is prohibited and immediately terminates the license granted herein.

Your account

By using this website, you agree to maintain the confidentiality of your account and password and to restrict access to your computer, and to accept responsibility for all activities in your account or using your password. We reserve the right to remove or edit content, cancel orders, refuse service, or terminate accounts upon our sole discretion.

Electronic communications

You consent to receive e-mail communications from nyArt.com. You agree that all agreements, notices, disclosures, and other communications provided to you by e-mail satisfy legal requirements that such communications be provided in writing.

Use of recommendation services

Certain services offered by nyArt.com involve the use of images of our products. This includes, but is not limited to, our Facebook‘s ‘Like‘ button. All product images provided via these services are protected by international copyright laws, and may not be used for any purpose outside the framework of these services. Users of these services may not:

  • alter, modify, or create derivative works from any product image provided as part of these services;
  • use a product image provided as part of these services in any form other than the form provided by these services;
  • reproduce a product image provided as part of these services in a manner other than that intended by these services;
  • remove any code or identifying information from a product image;
  • deactivate the link associated with any product image or cause the image to ultimately link to a destination other than nyArt.com or its sub-pages.

Suggestions and ideas

Customers and visitors can submit suggestions, ideas, and questions to support@nyart.com. By doing so, you acknowledge that nyArt.com is free to use, disclose, reproduce, modify, license, transfer, and exploit any suggestions or ideas submitted to nyArt.com in any manner, without express permission from the sender.

Copyright

All Website Content is property of the owners of the website or of content suppliers, and is protected by international copyright laws. The purchase of a product does not entail the purchase or transfer of any full or partial copyright ownership or other intellectual property right to the product. All website content not owned by the owners of the website is used with permission. Design and aggregation of all website content is the exclusive property of the owners of the website, and is protected by international copyright laws. All software used as part of the website’s operation is the property of the owners of the website or of software suppliers, and is protected by international copyright laws.

Trademarks

Certain logos, page headers, button icons, graphics, scripts, and service names constitute trademark, service mark, branding element, or logo belonging to nyArt.com or its affiliated companies. No trademark, service mark, branding element, or logo related to nyArt.com may be used for any commercial or other purposes without the prior written consent of the owners of nyArt.com. All other trademarks, service marks, branding elements, or logos not owned by nyArt.com or its affiliated companies which appear on the website are the property of their respective owners, and may not be used without their prior written consent.

Copyright and trademark compliance

We respect and honor the intellectual property rights of others. Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual or alleged infringement by any other means, we will remove such actual or alleged infringing product(s) from nyArt.com and/or cease sales of the product(s) pending an internal investigation.

Reviews, comments, suggestions, communications, and other content

Visitors may post or submit reviews, comments, suggestions, communications, and other information to nyArt.com via email or via one of our website operation partners. You agree not to submit, transmit, or otherwise make available any content which (i) is unlawful, harmful, obscene, hateful, abusive, harassing, threatening, libelous, defamatory, constitutes an invasion of another’s privacy, or is otherwise objectionable, (ii) constitutes an infringement on intellectual property rights of any party, or (iii) constitutes, in full or in part, a chain letter or commercial solicitation, political campaign, mass mailing, spam, or software virus.

You may not use a fictitious e-mail address or provide other misleading information regarding the origin of such content. We reserve the right to edit or remove any content found to be in violation of our Content policy or found to be objectionable for any reason.

You affirm and guarantee that you own all necessary rights which authorize you to use the content submitted to nyArt.com, and that use of such content does not violate our Content policy. You agree to defend, indemnify, and hold nyArt.com immune from any and all claims arising from or relating to any content submitted by you to nyArt.com.

By submitting content to nyArt.com, you agree to grant the owners of nyArt.com, or affirm and guarantee that the owner of such content has expressly granted the owners of nyArt.com, the perpetual, irrevocable, royalty-free right and license to use your nyArt.com user name or submitted content in any manner deemed appropriate by nyArt.com.

We take no responsibility and assume no liability for any content posted by nyArt.com visitors.

Limitation of liability

We offer no assurances that the website, its servers, or e-mail sent from the website, are free of viruses or other harmful components. We accept no liability for any damages arising from the use of nyArt.com, including, but not limited to, direct, indirect, incidental, punitive, or consequential damages. Certain laws do not allow types of limitations contained in this clause. In cases in which these laws apply, some or all of the above limitations may not apply to you, and you might have additional rights.

Applicable law

By visiting nyArt.com, you agree that the laws of the State of New Jersey, United States of America, will govern these terms of use, and any dispute which might arise between you and nyArt.com relating to the use of this website, without regard to principles of conflict of laws. Any dispute relating to your visit to, or use of, nyArt.com, shall be subject to the exclusive jurisdiction of state or federal courts located in Middlesex County, New Jersey, United States of America, and you consent to exclusive jurisdiction and venue in such court.

Subject to change without notice, severability

We reserve the right to change the contents, policies, and terms of use of nyArt.com at any time and without notice. Please review our policies, terms and conditions every time you visit the website. Your continued use of the website after we make any such changes constitutes your binding acceptance of such changes. If any of the terms or conditions herein shall be deemed invalid, void, or unenforceable for any reason, such term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions.

Updated: May 25, 2016