Terms of Use
YOU ARE REQUIRED TO READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THE NYS COLLECTION WEBSITE (“SITE”). USING THE SITE CONFIRMS THAT YOU HAVE READ AND EXPRESSLY ACCEPT THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THIS SITE. THESE TERMS GOVERN YOUR USE OF THE SITE, ANY CONTENT (SUCH AS TEXT, DATA, INFORMATION, SOFTWARE, GRAPHICS, OR PHOTOGRAPHS) THAT MARSALLE, INC. D/B/A NYS COLLECTION (COLLECTIVELY "NYS COLLECTION") MAY MAKE AVAILABLE THROUGH THE SITE (COLLECTIVELY, “MATERIALS”) AND ANY SERVICES THAT NYS COLLECTION MAY PROVIDE THROUGH THE SITE (COLLECTIVELY, “SERVICES”). THE SITE, MATERIALS, AND SERVICES ARE REFERRED TO IN THESE TERMS COLLECTIVELY AS THE “NYS COLLECTION WEBSITES” OR THE “WEBSITES”.
Use Of The NYS Collection Websites
NYS Collection authorizes you to use the Websites only for your own personal, non-commercial purposes. Use of the websites for any public or commercial purpose is prohibited. If you make copies of any of the Materials, you must retain all copyright and other proprietary notices contained in the Materials. You may not modify, publicly display, publicly perform, or distribute the Materials. NYS Collection owns the Websites. The Websites are protected under United States and international copyright laws. Any unauthorized use may violate copyright, trademark, and other laws.
Access
You are responsible for obtaining and maintaining all equipment and services needed for access to and use of the NYS Collection Websites and for paying all charges related thereto. When you register on the Websites, or when you contact us through the Websites for the purpose of receiving products, NYS Collection may collect certain personal information about you. Our use of such information is governed by the provisions of the NYS Collection Privacy Policy. You agree to provide true, accurate, current, and complete information and are responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that occur under your password. You agree to notify us immediately of any unauthorized use of your password or any other breach of security related to the Websites.
Prohibited Uses
You agree not to use the NYS Collection Websites (including, without limitation, any Materials or Services you may obtain through your use of the Websites): (1) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law (each a “Law”); (2) to stalk, harass, or harm another individual; (3) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (4) to interfere with or disrupt the Websites or servers or networks connected to the Websites. You further agree not to use any data mining, robots, or similar data gathering or extraction methods in connection with the Websites or attempt to gain unauthorized access to any portion of the Websites or any other accounts, computer systems, or networks connected to the Websites, whether through hacking, password mining, or any other means.
Termination
NYS Collection may terminate, suspend, or modify your registration with, or access to, all or part of the Websites, without notice, at any time and for any reason. You may discontinue your participation in and access to the Websites at any time. If you breach any of these Terms, your authorization to use the Websites automatically terminates and you must immediately destroy any downloaded or printed Materials.
Disclaimers
THE NYS COLLECTION WEBSITES ARE PROVIDED "AS IS" AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF SAME IS WITH YOU. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT NYS COLLECTION, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. NYS COLLECTION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE NYS COLLECTION WEBSITES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY THAT THE NYS COLLECTION WEBSITES WILL MEET YOUR REQUIREMENTS OR THAT THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE WEBSITES WILL BE CORRECTED. NYS COLLECTION MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITES OR FROM NYS COLLECTION OR ITS AFFILIATED COMPANIES (OR THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES) (COLLECTIVELY, “THE NYS COLLECTION PARTIES”) SHALL CREATE ANY WARRANTY. NYS COLLECTION SPECIFICALLY DISCLAIMS ALL EQUITABLE INDEMNITIES.
Limitation Of Liability
IN NO EVENT WILL ANY OF THE NYS COLLECTION PARTIES BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (2) ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE WEBSITES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY NYS COLLECTION PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
Exclusions and Limitations
Certain jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any NYS Collection Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the NYS Collection Party’s liability shall be the minimum permitted under such applicable law.
Modifications
NYS Collection reserves the right to modify, suspend, or discontinue the Websites at any time without notice to you. For example, NYS Collection may make changes to the Materials and/or Services, or to the products and prices described in them, at any time without notice. The Materials and Services may be out of date and NYS Collection makes no commitment to update the Materials and Services whatsoever. Information published on the Websites may refer to products that are not available in your area.
User Submissions
Certain areas of the NYS Collection Websites (e.g., chat rooms, customer ratings, etc.) may permit you to submit feedback, information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials (each, a “User Submission”). By submitting a User Submission, you grant to NYS Collection an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sublicensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that NYS Collection deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service). NYS Collection reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. NYS Collection may, but is not obligated to, pre-screen User Submissions or monitor any area of the Websites through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. NYS Collection is not required to host, display, or distribute any User Submissions on or through the Websites and may remove at any time or refuse any User Submissions for any reason. NYS Collection is not responsible for any loss, theft, or damage of any kind to any User Submissions. NYS Collection does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will thus be considered non-confidential and non-proprietary and that NYS Collection will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. NYS Collection does not guarantee that you will have any recourse to edit or delete any User Submission you have submitted.
By submitting any User Submission, you represent and warrant under penalties of perjury that:
1-you are at least 13 years old;
2-you own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to NYS Collection the rights in your User Submissions described herein;
3-you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
4-you are the individual pictured and/or heard in your User Submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen who appears and/or is heard in your User Submissions to grant the rights described herein;
5-your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
6-you voluntarily agree to waive all moral rights that you may have in your User Submission;
7-any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
8-your User Submission does not violate any Law (including, but not limited to, those governing consumer protection, unfair competition, anti-discrimination, or false advertising);
9-your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
10- you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
11-your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);
12-your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
13-your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
14-your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
Third Party Website Links
Links on the NYS Collection Websites to third-party websites are provided solely as a convenience to you. If you use these links, you will be leaving the NYS Collection Websites. NYS Collection is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites (or the products, services, or content available through the same). NYS Collection does not endorse or make any representations about such third-party websites, any information, software, products, services, or materials found there or any results that may be obtained from using them. If you decide to access any of the third-party websites linked to from the NYS Collection Websites, you do this entirely at your own risk.
Linking to this Site
You may create links to this Site from other websites, but only in accordance with the following terms and in compliance with all applicable laws. Absent NYS Collection’s prior written authorization otherwise, a website that links to this Site:
1-may link to, but shall not replicate, any Materials;
2-May not create a browser or border environment around any Materials;
3-May not imply that NYS Collection endorses such website or any products, services, or content available through such website;
4-May not misrepresent any relationship with NYS Collection;
5-May not present false or misleading information about NYS Collection, its products, or its services;
6-May not contain content that could be construed as distasteful, vulgar, offensive, or controversial and shall contain content that is appropriate for all age groups.
Trademarks
NYS Collection’s products, services, slogans and logos contained in the NYS Collection Websites are trademarks of Marsalle, Inc. d/b/a NYS Collection and may not be copied, imitated, or used, in whole or in part, without the prior express written permission of NYS Collection. Ownership of all such trademarks and the goodwill associated therewith remains with NYS Collection. You may not use any metatags or any other "hidden text" utilizing any name, trademark, or product or service name of NYS Collection without our prior written permission. In addition, the look of the NYS Collection Websites (e.g. page headers, custom graphics, icons, and text) is the service mark, trademark, and/or trade dress of NYS Collection and may not be copied, imitated, or used (in whole or in part) without NYS Collection’s prior written consent. Reference to any product, service, process, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by NYS Collection.
Infringement Claims
NYS Collection respects the intellectual property rights belonging to third parties. Accordingly, NYS Collection has a policy of removing User Submissions that violate copyright law as well as suspending access to the Websites to users who persistently use the Websites in violation of copyright law. NYS Collection accepts written notification of claimed copyright infringement as follows: Copyright Claims, NYS Collection, 230 Liberty Street, Metuchen, New Jersey 08840 or by email to info@nyscollection.com and typing “COPYRIGHT” in the subject line.
Your written notice must:
1-contain your physical or electronic signature;
2-identify the copyrighted work or other intellectual property alleged to have been infringed;
3-identify the allegedly infringing material in a sufficiently precise manner to allow NYS Collection to locate that material;
4-contain adequate information by which NYS Collection can contact you (including postal address, telephone number, and e-mail address);
5-contain a representation that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner's agent or the law;
6-contain a representation that the information in the written notice is accurate; and
7-contain a statement, under penalties of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
International Issues
NYS Collection administers its Websites from its offices in Metuchen, New Jersey. We make no representation that the Websites are appropriate or available for use outside the United States and access to the Websites from territories where its contents are illegal or restricted is prohibited. If you choose to access the Websites from outside the United States, you do so of your own initiative and are responsible for compliance with applicable Laws. You agree to comply with all export restrictions and regulations of the Department of Commerce and any other United States or foreign agencies and authorities in connection with your use of the Websites and to not, in violation of any Laws, transfer, or authorize the transfer, of any Materials to a prohibited country or otherwise in violation of any Laws. In particular, but without limitation, the Materials may not, in violation of any Laws, be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the list of Specially Designated Nationals, the Table of Deny Orders, the Entity List of proliferation concern, or the Debarred Parties List . By using any Materials subject to any such restrictions and regulations, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Indemnification
You irrevocably agree to indemnify, defend, and hold harmless the NYS Collection Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your (or anyone using your account’s) violation of these Terms. NYS Collection reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
Electronic Communications
When you visit the NYS Collection Websites or send e-mails to NYS Collection, you are communicating with us electronically. We may respond to you by e-mail or by posting notices on the Websites. You agree that all such notices, disclosures, and other communications that NYS Collection provides to you electronically satisfy any legal requirement that such communications be in writing.
General Information
These Terms, together with any additional terms to which you agree when using particular elements of the Websites, constitute the entire and exclusive final statement of the agreement between you and NYS Collection with respect to the subject matter hereof, superseding any prior agreements or negotiations between you and NYS Collection with respect to such subject matter. The NYS Collection Parties are third party beneficiaries with respect to the provisions in these Terms that reference them. These Terms and the relationship between you and NYS Collection shall be governed by the laws of the State of New Jersey as applied to agreements made, entered into, and performed entirely in New Jersey by New Jersey residents, notwithstanding your personal place of residence. Any lawsuits arising from or relating to these Terms or your use of the NYS Collection Websites shall be brought in the Federal or State courts located in Middlesex County, New Jersey and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of NYS Collection to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of NYS Collection and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. These Terms shall remain in full force and effect notwithstanding any termination of your use of the NYS Collection Websites. These Terms will be interpreted without application of any strict construction in favor of or against you or NYS Collection. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by NYS Collection without restriction.
Modification Of Terms
NYS Collection, may, in its sole and absolute discretion, change these Terms from time to time. NYS Collection will post notice of such changes on the applicable Websites. If you object to any such changes, your sole recourse shall be to cease using the Websites. Continued use of the Websites following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Certain provisions of these Terms may be superseded by expressly-designated legal notices or terms located on particular pages of the Websites and, in such circumstances, shall be deemed to be incorporated into these Terms and to supersede the provision(s) of these Terms that are designated as being superseded.