Terms and Conditions
Welcome to NYCxClothes & Friends
These Terms of Use (“Terms”) form a legally binding agreement between NYCxClothes & Friends (“Company”) and you, governing your use of our website, including all associated services, content, and functionality, accessible at nycxclothesandfriends.com (“Website”). Please read these Terms carefully. By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must refrain from using the Website.
Disclaimer
General Disclaimer
We have taken extensive measures to ensure that all information on the Website is accurate. However, we do not guarantee specific outcomes from using the information provided.
The Website disclaims liability for any incidental or consequential damages and assumes no responsibility for any loss or damage suffered as a result of using the information found on the Website.
DIY Beauty Products Disclaimer
From time to time, the Website may publish content with recipes for beauty products. While these recipes have been successfully tested, individual results may vary. Consult a medical professional if you have concerns about how you may react to any specific recipe or ingredient. By voluntarily using any recipe provided on the Website, you assume the associated risks.
DIY Tutorials Disclaimer
The Website may publish tutorials, which have been successfully completed. However, results may vary from person to person. Some tutorials may involve tools that can cause injury. By voluntarily following any tutorial provided on the Website, you assume the risk of potential injury.
Professional Advice Disclaimer
The Website may discuss medical, legal, or financial topics, but this information does not constitute professional advice. The information on the Website is provided “as is” without any representations or warranties, express or implied. You must not rely on this information as an alternative to advice from certified professionals. No client relationship is created through the publication of information on the Website.
Fitness and Nutrition Information Disclaimer
The Website may provide information on health, fitness, exercise, and nutrition. This information is for informational purposes only. Consult a physician or medical professional before making changes to your diet or starting an exercise program. Engaging in any exercise or workout presented on the Website involves inherent risks, and you assume the risk of potential injury.
We are not responsible for any liability, loss, or damage caused directly or indirectly by using the nutrition or fitness information available on the Website. The Food and Drug Administration has not evaluated this information, and individual results may vary.
Recipes Disclaimer
Recipes published on the Website have been successfully used but may yield different results for individuals. Consult your medical professional if you have concerns about how you may react to any specific recipe or ingredient. By voluntarily using any recipe provided, you assume the associated risks.
Travel Information Disclaimer
The Website may discuss travel-related topics, including modes of transportation, lodging, and activities. All travel information is provided “as is” without any representations or warranties. Your experience with the same providers mentioned may differ from what is depicted on the Website. All travel information is for informational purposes only.
Your Responsibility
The Website was developed solely for informational purposes. You are fully responsible for your use of the information provided. Company makes no representations, warranties, or guarantees, and results may vary from person to person. Company assumes no responsibility for errors or omissions on the Website.
Use of the Website
Unless otherwise stated, Company holds intellectual property rights to all content and material on the Website. You may view, download (for caching purposes only), and print pages for personal use, subject to restrictions outlined in these Terms of Use.
Unauthorized uses include:
- Republication, redistribution, sale, rental, or sub-licensing of content from the Website.
- Reproduction or duplication of any content for commercial purposes.
- Modification of any content on the Website.
From time to time, the Website may employ plugins or widgets for sharing content via social media channels, email, or other methods. Using these plugins or widgets does not waive Company’s intellectual property rights. Such use constitutes a limited license to republish content on approved social media channels only, with full credit to Company.
Prohibited Uses of the Website
Introduction
This section outlines the prohibited uses of the NYCxClothes & Friends website (“Website”). By using the Website, you agree not to engage in activities that may harm the Website, violate applicable laws, or disrupt its functionality. Please read this section carefully as it provides guidelines for your responsible use of the Website.
Damage or Impairment
You must not use the Website in a way that causes or may cause damage to the Website or impairs its availability. This includes any activity that disrupts or harms the proper functioning of the Website.
Reverse Engineering
You must not decompile, reverse engineer, disassemble, or otherwise attempt to reduce the Website to its underlying code, except to the extent expressly permitted by applicable law.
Malicious Software
You must not use the Website to copy, store, host, transmit, send, use, publish, or distribute any material linked to spyware, computer viruses, Trojan horses, worms, keystroke loggers, rootkits, or other harmful code or malicious software.
Data Collection Activities
Systematic or automated data collection activities, such as scraping, data mining, data extraction, or data harvesting on or related to the Website, are strictly prohibited without the express written permission of NYCxClothes & Friends.
Unsolicited Commercial Communications
You must not use the Website to transmit or send any unsolicited commercial communications, including spam comments.
Third-Party Marketing
Using the Website for third-party marketing is prohibited without the express written permission of NYCxClothes & Friends.
Copyright
Copyright Ownership
Unless otherwise noted, all design, content, and components of the Website are copyrights owned by NYCxClothes & Friends or third parties and are protected by United States and international copyright laws. Reproduction or reuse of any content or materials on the Website without express written permission is strictly prohibited.
Trademarks
Trademarks and Trade Dress
NYCxClothes & Friends’ trademarks and trade dress may not be used in connection with any product or service that is not NYCxClothes & Friends’. Such use should not cause confusion among consumers or discredit the Company or its owners.
Third-party trademarks mentioned on the Website are the property of their respective owners, and NYCxClothes & Friends makes no claim of ownership.
Content Contributed to the Website
User-Generated Content
In certain circumstances, you may contribute content to the Website, such as comments, posts, or submissions. Any content you contribute must not be illegal, infringe on third-party legal rights, or give rise to legal action against you, NYCxClothes & Friends, or third parties.
NYCxClothes & Friends reserves the right to edit or remove any material submitted to the Website, stored on its servers, or hosted on the Website. The Company does not assume responsibility for content posted by users or third parties.
Grant of Rights
License to NYCxClothes & Friends
By contributing content to the Website, you grant NYCxClothes & Friends a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute that content. This license extends to all known and future media and includes the right to sublicense and bring actions for infringement.
Comment Policy
Comment Guidelines
NYCxClothes & Friends provides an option for users to leave comments on its posts. Comments that violate the following guidelines will not be tolerated:
- Harassment directed toward content creators or NYCxClothes & Friends.
- Spam.
- Hate speech.
- Defamatory statements regarding NYCxClothes & Friends or any third party.
- References to illegal acts.
- Comments that may violate the legal rights of a third party.
NYCxClothes & Friends reserves the right to promptly delete comments in violation of this policy without further explanation.
Communication
Electronic Communication
By sending NYCxClothes & Friends an email, registering on the Website, or providing your email in any other way, you consent to receive electronic communications from NYCxClothes & Friends. Such electronic communications fulfill any requirement for written notice.
Third Parties
Third-Party Websites
The Website may contain links to third-party websites not governed or controlled by NYCxClothes & Friends. You agree to be bound by the Terms of Use and policies of any third-party website related to your use of the Website. NYCxClothes & Friends assumes no control or liability over the content of third-party sites and disclaims responsibility for any liability related to your use of such sites.
Prior to engaging in events or transactions with third parties discovered through or linked on the Website, you must conduct any necessary due diligence. NYCxClothes & Friends is not liable for disputes arising from such events or transactions.
No Warranties
Website “As Is”
The Website is provided “as is” and “as available” without representations or warranties, express or implied. NYCxClothes & Friends makes no representations or warranties regarding the Website or its information and materials.
NYCxClothes & Friends does not warrant that the Website will meet your requirements, be available uninterrupted, timely, free of viruses or bugs, or represent full functionality, accuracy, and reliability. NYCxClothes & Friends is not responsible for the loss of any content or material uploaded or transmitted through the Website.
Limitation of Liability
Limited Liability
NYCxClothes & Friends will not be liable for any consequential, incidental, indirect, exemplary, punitive, or special damages, including loss of profits, revenue, data, or use, incurred by you. This applies regardless of whether the damages arise from contract, tort (including negligence), warranty, or otherwise, even if NYCxClothes & Friends has been advised of the possibility of such damages.
Indemnity
Indemnification
You agree to defend, indemnify, and hold NYCxClothes & Friends, its members, employees, officers, directors, managers, and agents harmless from losses, claims, suits, actions, liabilities, obligations, costs, and expenses, including reasonable attorneys’ fees and expenses. This indemnification extends to claims arising from your negligence, breach of these Terms of Use, materials provided by you, or events related to third parties discovered through the Website.
Arbitration
Governing Law and Arbitration
These Terms of Use are governed by and construed in accordance with the laws of the State of Colorado. Any controversy or claim arising from these Terms or their breach shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The place of arbitration shall be in or near San Miguel County, Colorado. AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.
Miscellaneous Provisions
Severability
If any provision of these Terms of Use is held invalid, illegal, or unenforceable, the remaining provisions shall remain in effect. Excessively broad provisions will be limited or reduced to enforceability.
These Terms of Use may not be assigned by you without NYCxClothes & Friends’ prior written consent, but NYCxClothes & Friends may assign them at its discretion.
These Terms of Use constitute the entire agreement between you and NYCxClothes & Friends regarding the Website.