Terms and Conditions
1. Introduction
Welcome to nycgifted.com (the “Website”), operated by NYC Gifted. By accessing or using nycgifted.com, you agree to be bound by the following Terms and Conditions (“Terms”). These Terms govern your use of our services and content provided through this Website. Please read them carefully.
2. Definitions
– “Service” refers to all features, resources, content, materials, and functionality made available through the Website.
– “User” refers to any individual or entity that visits, browses, accesses, or uses the Service.
– “Content” includes but is not limited to text, images, graphics, videos, audio, software, and all other materials published on or accessed through nycgifted.com.
– “Account” means a registered profile created by a User in order to access certain features or portions of the Service.
3. Acceptance of Terms
By using nycgifted.com in any way, including but not limited to visiting or browsing the Website, you agree to be legally bound by these Terms of Service. If you do not agree with these Terms, you are not permitted to use the Service.
4. Changes to Terms
We reserve the right to modify or update these Terms at any time without prior notice. Any changes will become effective immediately upon posting, and it is your responsibility to review the Terms periodically to stay informed. Continued use of the Website after changes constitute acceptance of those modifications.
5. Use of Services
a. Eligibility
You must be at least 13 years of age to use nycgifted.com. By using the Website, you represent and warrant that you are of legal age to form a binding contract or have obtained parental/guardian consent.
b. Account
Certain features of the Service may require you to create an Account. You agree to provide accurate and complete information when registering and to update your information as needed. You are responsible for maintaining the confidentiality of your login credentials and for any activities that occur under your Account.
c. Prohibited Activities
You agree not to:
– Use the Website for unlawful purposes;
– Interfere with or disrupt the integrity or performance of the Service;
– Attempt to gain unauthorized access to the Website or its related systems;
– Collect personal data of other users without consent;
– Copy, distribute, or reverse-engineer any part of the Service.
6. Intellectual Property
All Content and materials on nycgifted.com, including text, visuals, logos, designs, and trademarks, are the intellectual property of NYC Gifted or its licensors. They are protected by applicable copyright, trademark, and intellectual property laws. You may not use, reproduce, distribute, or modify such materials without express written permission.
7. User-Generated Content
Users may be permitted to post, submit, or share content through forums, comments, or other areas. By submitting content to nycgifted.com, you grant NYC Gifted a worldwide, non-exclusive, royalty-free license to use, reproduce, and display the content. You represent that you have all necessary rights to the content you submit and that it does not infringe, misappropriate, or violate any third-party rights.
8. Privacy Policy
Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. Please review our Privacy Policy available on nycgifted.com for more information.
9. Third-Party Services
The Website may contain links to third-party websites, resources, or services that are not under our control. We are not responsible for the content or practices of any linked third-party sites. Accessing third-party services is done at your own risk, and you should read their terms and policies.
10. Disclaimers and Liability
The Service and Content are provided “as is” and “as available” without warranties of any kind, whether express or implied. NYC Gifted does not guarantee the accuracy, completeness, or reliability of the Service.
To the fullest extent permitted by law, NYC Gifted and its affiliates shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or related to your use of the Service, including but not limited to loss of data, loss of profits, or interruption of business.
11. Indemnification
You agree to indemnify, defend, and hold harmless NYC Gifted, its affiliates, directors, employees, and partners from and against all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or connected to your use of the Website, your violation of these Terms, or your infringement of any rights of another.
12. Termination
We reserve the right to suspend or terminate your access to nycgifted.com at any time, with or without notice, for conduct that we believe violates these Terms or is otherwise harmful to other users, us, or third parties. Upon termination, your right to access the Service will cease immediately.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in New York concerning any legal matter arising from these Terms or your use of the Website.
14. Miscellaneous
a. Entire Agreement
These Terms constitute the entire agreement between you and NYC Gifted with respect to the Website and supersede all prior agreements or understandings, whether written or oral.
b. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
c. Waiver
No waiver of any term or provision in these Terms shall be deemed a continuing waiver of such term or any other term, and our failure to assert any right under these Terms shall not be considered a waiver of such right.
15. Contact Info
For questions about these Terms, contact us at [email protected].