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The March 2016 Issue

April 21, 2018

Terms of Use

Terms of Use

PLEASE READ THESE TERMS OF USE (“TERMS OF USE” OR “AGREEMENT”) CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY NEW YORK STATES OF MIND, LLC (“New York States of Mind” and “NYSOM”), INCLUDING THE NEW YORK STATES OF MIND MARKETPLACE SERVICE.

BY USING THE WEBSITE AND SERVICES, YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT WHICH SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.NEWYORKSTATESOFMIND.COM (THE “SITE”) AND ALL SERVICES PROVIDED BY NYSOM ON THE SITE.

This Agreement applies to all users of the Site, including without limitation users who are customers, merchants, contributors of content, information and other materials or services on the Site.

Any new features or tools which are added to the current Site shall be also subject to the Terms of Use. You can review the most current version of the Terms of Use at any time at: www.NewYorkStatesOfMind.com. NYSOM reserves the right to update and change the Terms of Use by posting updates and changes to the NYSOM website. You are advised to check the Terms of Use from time to time for any updates or changes that may impact you.

1. New York States of Mind WEBSITE Membership Eligibility and Usage Compliance Terms

You represent and warrant that you are at least 18 years old, able to form legally binding contracts under applicable law to use this Service and that all registration information you submit, whether to post comments or to make purchases through the NYSOM Marketplace, is accurate and truthful.

·   Individuals under the age of 18 must at all times use NYSOM’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.

·   NYSOM may, at its sole discretion, refuse to offer access to or use of the site to any person or entity, and may change its eligibility criteria at any time.

·   If you elect to create a New York States of Mind Marketplace Account, you must provide your full legal name, current shipping, billing and email addresses, and any other information needed in order to complete the signup process. You are responsible for keeping your password to your NYSOM Marketplace account secure. NYSOM cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.

·   You may not use the NYSOM Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws and laws regarding online conduct and acceptable content).

·   You are responsible for all activity and content (data, graphics, photos, links) that is posted to NYSOM under your name and/or account.

·   You are responsible for all applicable taxes on purchases you make through the NYSOM Marketplace. If you are shipping your purchases to a New York State address, NYSOM will automatically collect these taxes at the point of purchase.

·   You must not transmit any worms or viruses or any code of a destructive nature, and you will not post “spam” in public NYSOM forums.

·      In addition, you must abide by NYSOM’s policies as stated in the Terms of Use and all other NYSOM policy documents (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by NYSOM, each of which is incorporated herein by reference and each of which may be updated by NYSOM from time to time without notice to you.

·   A breach or violation of any of the Account Terms as determined in the sole discretion of NYSOM will result in an immediate suspension and possible termination of your services.

2. New York States of Mind MARKETPLACE Membership Eligibility and Usage Compliance Terms

The New York States of Mind Marketplace allows users who comply with NYSOM’s policies to buy select goods within a fixed-price format. NYSOM encourages, but does not require, Customers to create a User Account. However, at the time of purchase Customers will be REQUIRED to provide your full legal name, current shipping, billing and email addresses, accurate payment information, and any other information NYSOM may need, and to keep that information updated with each subsequent purchase.

NYSOM sells the merchandise of many Merchants who operate small businesses. As a result, order fulfillment will vary from Merchant to Merchant, despite NYSOM’s aim to keep the shopping experience consistent across the Marketplace. The Merchants ship their products directly to the Customer, and as a result, NYSOM has no control over the quality of the delivery of the items listed.

When purchasing from the NYSOM Marketplace, a transaction is created when a buyer has completed the Checkout process on the NYSOM Marketplace. Both the buyer and the seller are sent an email from NYSOM about the order. The Customer is required to pay at the time the transaction is made, and a transaction is considered complete after the Customer has submitted payment and the Merchant has shipped the item to the shipping address listed by the Customer.

Unless otherwise noted in the Merchant’s product listing, all purchases are expected to ship within three (3) business days of receipt of payment. Shipping fees ARE NOT REFUNDABLE under any circumstance. At this time, NYSOM do not accept orders from, nor do we ship to, locations outside of the United States.

The Merchant will be required to submit to NYSOM an anticipated shipping timeframe, which NYSOM will email to the email address provided by the Customer. In the event that this timeframe changes, the Merchant will be required to notify NYSOM, and NYSOM will notify the Customer.

If a Merchant cannot fulfill a sale, NYSOM will notify the Customer and issue a refund for that product (including sales tax and shipping costs). NYSOM does not transfer legal ownership of items from the seller to the buyer. NYSOM refers the right to refuse service to a Customer.

Only the Merchant in a transaction may cancel that transaction. The Customer should contact NYSOM at Marketplace@NewYorkStatesOfMind.com to request cancellation of a transaction.

Custom orders maybe be available from time to time, and will be listed on the NYSOM Marketplace with a set price. The Merchant may use photographs of previously customized work to display options for the product; given the nature of customization the Customer’s product will vary somewhat from these images. The Customer first must make the purchase on the NYSOM Marketplace in order for the customized item to be created by the Merchant. In the event that a Merchant requires the Customer to provide materials for customization (e.g. family photographs), the Customer does so at their own risk.

Return and Exchange Policy

Each Merchant has their own specific policies and limitations for product returns (many items are FINAL SALE and CANNOT BE RETURNED OR EXCHANGED), exchanges, customized orders, development timelines and extended shipping timelines. The Customer is responsible for reading each product description carefully before the point of purchase to ensure an understanding of each purchase policy. Unless otherwise stated in the product information listing, returns will only be accepted if the Customer notifies NYSOM at Marketplace@NewYorkStatesOfMind.com of their intent to return WITHIN SEVEN (7) DAYS OF THE DELIVERY CONFIRMATION DATE. CUSTOMERS ARE REQUIRED TO PROVIDE THEIR CONTACT INFORMATION AND THEIR PURCHASE CONFIRMATION INFORMATION. A full return of the purchase price, EXCLUDING SHIPPING, and including taxes, will be made when the Merchant notifies NYSOM that the product has been received in the same condition in which it was shipped. There are no refunds on items damaged in shipping. In that case, you must file a claim with the carrier.

·      All packages are to be fully insured. You must notify us of any return so that we will be expecting your package. Returns that are sent without our prior knowledge will be refused.

·      We do not refund shipping costs or credit card fees. They will be deducted from the total amount of your refund.

PRIVACY AND SECURITY

What Information Do We Collect?

We collect information from you when you register on our site, place an order or subscribe to our newsletter. When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number, or credit card information. You may, however, visit our site anonymously.

What Do We Use Your Information For?

Any of the information we collect from you may be used in one of the following ways:

To personalize your experience (your information helps us to better respond to your individual needs)

·      To process transactions.

·      Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.

·      To administer a contest, promotion, survey or other site feature

·      To send periodic emails

·      The email address you provide for order processing, will only be used to send you information and updates pertaining to your order.

How Do We Protect Your Information?

We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential. After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers.

Do We Use Cookies?

Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information. We use cookies to help us remember and process the items in your shopping cart and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

Do We Disclose Any Information To Outside Parties.

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Third Party Links

Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

Childrens Online Privacy Protection Act Compliance

We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act).  We do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.

Online Privacy Policy Only

This online privacy policy applies only to information collected through our website and not to information collected offline.

Your Consent

By using our site, you consent to our web site privacy policy.

Changes To Our Privacy Policy

If we decide to change our Terms of Use or privacy policy, we will post those changes on this page.

Contacting Us

If there are any questions regarding this privacy policy you may contact us at our website address.

Eligibility

Age:  NYSOM’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law.  You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful.  NYSOM may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time.  This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.

Compliance:   You agree to comply with all local laws regarding online conduct and acceptable content.  You are responsible for all applicable taxes.  In addition, you must abide by NYSOM’s policies as stated in these Terms of Use as well as all other operating rules, policies and procedures that may be published from time to time on the Site by NYSOM, each of which is incorporated herein by reference and each of which may be updated by NYSOM from time to time without notice to you:

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on NYSOM you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.

Idea Submissions: NYSOM considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (collectively, the “Material”) to be non-confidential and non-proprietary, and NYSOM shall not be liable for the disclosure or use of such Material.  If, at NYSOM’s request, any user sends Material to improve the site (for example through the Forums or to customer support), NYSOM will also consider that Material to be non-confidential and non-proprietary and NYSOM will not be liable for use or disclosure of the Material.  Any communication by you to NYSOM is subject to this Agreement.  You hereby grant and agree to grant NYSOM, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

Content:  NYSOM does not control the Content provided by users that is made available on NYSOM. You may find some Content to be offensive, harmful, inaccurate, or deceptive.  There are also risks of dealing with underage persons or people acting under false pretense.

Other Resources:  NYSOM is not responsible for the availability of outside websites or resources linked to or referenced on the Site.  NYSOM does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources.  You agree that NYSOM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

Notices:  Except as explicitly stated otherwise, any notices shall be given by postal mail to NYSOM; Attn: Legal Department; 985 Fifth Avenue, #8B, New York, NY 10075, in the case of NYSOM) or, in your case, to the email address you provide to NYSOM (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.  Alternatively, NYSOM may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to NYSOM. In such case, notice shall be deemed given three days after the date of mailing.

 

GENERAL CONDITIONS

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy before you may become a member of NYSOM.

·      We reserve the right to modify or terminate the Service for any reason, without notice at any time.

·      We reserve the right to refuse service to anyone for any reason at any time.

·      Your use of the Service is at your sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.

·      NYSOM does not warrant that the service will be uninterrupted, timely, secure, or error-free.

·      NYSOM does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

·      You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.

·      We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

·      NYSOM does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.

·      You expressly understand and agree that NYSOM shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.

·      In no event shall NYSOM or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, NYSOM partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Use or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

·      Technical support is only provided to paying account holders and is only available via email.

·      You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by NYSOM.

·      Verbal or written abuse of any kind (including threats of abuse or retribution) of any NYSOM customer, NYSOM employee, member, or officer will result in immediate account termination.

·      We do not claim any intellectual property rights over the material you provide to the NYSOM service. All material you upload remains yours. You can remove your NYSOM store at any time by deleting your account. This will also remove all content you have stored on the Service.

·      By uploading images and item description content to NYSOM.com, you agree to allow other internet users to view them and you agree to allow NYSOM to display and store them and you agree that NYSOM can, at any time, review all the content submitted by you to its Service.

·      The failure of NYSOM to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The Terms of Use constitutes the entire agreement between you and NYSOM and govern your use of the Service, superseding any prior agreements between you and NYSOM (including, but not limited to, any prior versions of the Terms of Use).

·      You retain ownership over all content that you submit to a NYSOM store however, by making your store public, you agree to allow others to view your content.

·      NYSOM does not pre-screen Content and it is in their sole discretion to refuse or remove any Content that is available via the Service.

·      Questions about the Terms of Use should be sent to info@NewYorkStatesOfMind.com.

Effective Date: October 1, 2013

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