Privacy
<p class="p1">PRIVACY STATEMENT</p>
<p class="p3">Grotesk LLC (“Grotesk,” “we,” “us” or “our”) respects your privacy and is committed to protecting it through our compliance with this policy. This privacy statement, which is effective as of March 9th, 2015, describes the types of information we may collect from you or that you may disclose when you visit our Site, located at www.grotesknyc.com (the “Site”) and our practices for collecting, using, maintaining, protecting and disclosing that information.</p>
<p class="p3"><span class="s1">THIS PRIVACY STATEMENT APPLIES TO INFORMATION WE COLLECT:</span></p>
<p class="p3">In e-mail, text, electronic newsletters in which you enroll, and other electronic messages between you and the Site;</p>
<p class="p3">Through mobile and desktop applications you download from this Site, which provide dedicated non-browser-based interaction between you and this Site;</p>
<p class="p3">When you interact with our advertising and applications on third-party Sites and services, if those applications or advertising include links to this policy;</p>
<p class="p3">Through offline means such as telephone, traditional mail, or in person contact with us;</p>
<p class="p3">Through any other online or offline means in connection with Grotesk or products and services provided by Grotesk; and</p>
<p class="p3">Through any other online or offline means in connection with Grotesk’s affiliates and subsidiaries, or products and services provided by such affiliates and subsidiaries.</p>
<p class="p3">Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is to not use the Site. By accessing or using the Site, you agree to this privacy statement. This privacy statement may change from time to time, and your continued use of this Site after we make changes to the privacy statement is deemed to be acceptance of those changes, so we encourage you to check our privacy statement periodically for updates.</p>
<p class="p3"><span class="s1">CHILDREN UNDER THE AGE OF 13</span></p>
<p class="p3">The Site is not intended for children under 13 years of age. No one under age 13 may disclose any personal information to or on the Site. We do not knowingly collect personal information from children under 13. If you are under 13, do not disclose any information on this Site or on or through any of its features, register on the Site, make any purchases through the Site, use any of the interactive or public comment features of this Site or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any user name. If we learn we have collected or received personal information from a child under 13 without parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at privacy@Grotesknyc.com.</p>
<p class="p3"><span class="s1">INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT</span></p>
<p class="p3">We collect several types of information from and about users of the Site, including information:</p>
<p class="p3">By which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other information that is defined as personal or personally identifiable information under applicable laws (“personal information”);</p>
<p class="p3">Any other identifier by which you may be contacted online or offline;</p>
<p class="p3">That is about you but individually does not identify you, for example, browsing trends and other consumer data; and</p>
<p class="p3">About your internet connection, the equipment you use to access our Site and usage details.</p>
<p class="p3">We collect this information:</p>
<p class="p3">Directly from you when you provide it to us;</p>
<p class="p3">Automatically as you navigate through the Site. Information collected automatically may include usage details, IP addresses and information collected through cookies and other tracking technologies; and</p>
<p class="p3">From third parties, for example, our affiliates, subsidiaries, and other associated business partners and third parties with which we conduct business (collectively, our “Business Partners”).</p>
<p class="p3"><span class="s1">INFORMATION YOU PROVIDE TO US AND INFORMATION WE COLLECT.</span></p>
<p class="p3">The information we collect on or through our Site may include:</p>
<p class="p3">Information that you provide by filling in forms on the Site. This includes information provided at the time you register to use the Site, subscribe to our services, post material on or through the Site, or request further services. We may also ask you for information when you enter a contest or promotion sponsored by us or our affiliates, subsidiaries and associated business partners and third parties, or when you report a problem on the Site;</p>
<p class="p3">Records and copies of your correspondence, including e-mail addresses, if you contact us;</p>
<p class="p3">Your responses to surveys that we might ask you to complete for research purposes;</p>
<p class="p3">Details of transactions you carry out through the Site and of the fulfillment of your orders. You may be required to provide financial and other personal information before placing an order through the Site;</p>
<p class="p3">Your search queries on the Site; and</p>
<p class="p3">Your IP Address, browser type and version, operating system and platform, average time spent on our Site, pages viewed, information searched for, access times, and other relevant information about your online experience.</p>
<p class="p3">You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Site, or transmitted to other users of the Site or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although, we may limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Site with whom you may choose to share your User Contributions. Therefore, we do not guarantee that your User Contributions will not be viewed by unauthorized persons.</p>
<p class="p3"><span class="s1">THIRD-PARTY USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES</span></p>
<p class="p3">Some content or applications, including advertisements, on the Site are served by third-parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies, alone or in conjunction with other tracking technologies, to collect information about you when you use the Site. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different Sites and other online services. They may use this information to provide you with interest-based advertising or other targeted content.</p>
<p class="p3">We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.</p>
<p class="p3"><span class="s1">FIRST-PARTY USE OF COOKIES AND OTHER TRACKING TECHNOLOGIES</span></p>
<p class="p3">We have partnered with Google Inc. (“Google”) to enable the Google Analytics Advertiser Feature, “Google Analytics Demographics and Interest Reporting” (“Google Analytics”) to collect information about the use of the Site. Google Analytics is a web analysis service provided by Google that employs only first-party cookies (cookies that are linked to a specific website domain) to define user sessions on the Site. Google Analytics enables us to collect certain data about traffic to the Site via Google advertising cookies that aggregate anonymous data related to a user’s browsing behavior, how often users visit this Site, what pages they visit when they do so, and what other sites they used prior to coming to this Site. Google Analytics collects only the IP address assigned to you on the date you visit the Site, rather than your name or other identifying information. Google utilizes the data it collects to track and examine the use of our Site on our behalf, and also to prepare reports on its activities, and share them with other internal Google services. The data collected via Google Analytics cannot be altered or retrieved by services from other domains. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit the Site, the cookie cannot be used or accessed by anyone but Google. Google’s ability to use and share information collected by Google Analytics about your visits to this Site is restricted by the Google Analytics Terms of Use (http://www.google.com/analytics/terms/us.html) and the Google Privacy Policy (http://www.google.com/policies/privacy/). You can find more information about how Google uses, collects and processes data generated through Google Analytics here: https://www.google.com/policies/privacy/partners/</p>
<p class="p3">We use the information we get from Google Analytics only to improve the Site and do not use Google Analytics to track, collect or upload any data that personally identifies an individual (such as a name, email address or billing information), or other data which can be reasonably linked to such information by Google, or combine the information collected through Google Analytics with personally identifiable information.</p>
<p class="p3"><span class="s1">HOW WE USE YOUR INFORMATION</span></p>
<p class="p3">We use information that we collect about you or that you provide to us, including any personal information:</p>
<p class="p3">To present the Site and its contents to you;</p>
<p class="p3">To provide you with information, products or services that you request from us or our affiliates;</p>
<p class="p3">To fulfill any other purpose for which you provide it;</p>
<p class="p3">To provide you with notices about your account, subscription (including expiration and renewal notices) and offers;</p>
<p class="p3">To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;</p>
<p class="p3">To notify you about changes to the Site or any products or services we offer or provide though it;</p>
<p class="p3">To allow you to participate in interactive features on the Site;</p>
<p class="p3">To offer you products, services and information and to share with our Business Partners, which so our Business Partners can offer you products, services or information that may interest you, either in conjunction with Grotesk or by themselves;</p>
<p class="p3">In any other way we may describe when you provide the information; and</p>
<p class="p3">For any other purpose with your consent.</p>
<p class="p3">We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.</p>
<p class="p3"><span class="s1">DISCLOSURE OF YOUR INFORMATION</span></p>
<p class="p3">We may disclose aggregated information about our users, and information that does not identify any individual user with specificity, without restriction. We may disclose personal information that we collect or you provide as described in this privacy statement:</p>
<p class="p3">To our Business Partners;</p>
<p class="p3">To contractors, service providers and other third parties we use to support our business;</p>
<p class="p3">To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or other similar proceeding, in which personal information held by us about our Site users is among the assets transferred;</p>
<p class="p3">To third parties to market their products or services to you if you have consented to these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them;</p>
<p class="p3">To fulfill the purpose for which you provide it (for example, if you give us an e-mail address to use the “e-mail a friend” feature on our Site, we will transmit the contents of that e-mail and your e-mail address to the recipients;</p>
<p class="p3">For any other purpose disclosed by us when you provide the information;</p>
<p class="p3">With your consent;</p>
<p class="p3">To comply with any court order, law or legal process, including to respond to any government or regulatory request;</p>
<p class="p3">To enforce or apply our Terms and Conditions, Terms of Sale and other agreements, including for billing and collection purposes; and</p>
<p class="p3">If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Grotesk, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.</p>
<p class="p3"><span class="s1">CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION</span></p>
<p class="p3">We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:</p>
<p class="p3">Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, including those generated by Google Analytics, or to alert you when cookies are being sent. To learn how you can manage your cookie settings, visit the Flash player settings page on Adobe's Site. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly. You can prevent your data from being used by Google Analytics without affecting how you visit the Site by installing the Google Analytics opt-out browser add-on found here: https://tools.google.com/dlpage/gaoptout. In addition, you can click on the following link for additional information that can help you control the ads by Google that you see on our Site: https://www.google.com/safetycenter/tools/#manage-your-ads-preferences.Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by emailing us at privacy@grotesknyc.com and by specifically telling us to not share your information</p>
<p class="p3">Promotional Offers from Grotesk. If you do not wish to have your e-mail address/contact information used by us to promote our own or our third parties’ products or services, including of Business Partners’, you can opt-out by sending us an email specifically stating your request to privacy@grotesknyc.com. If we have sent you a promotional e-mail, you may send a request to the above email or follow the instructions in that email to be omitted from future e-mail distributions.</p>
<p class="p3">Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by you can opt-out by sending us an email specifically stating your request to privacy@grotesknyc.com.</p>
<p class="p3">We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) which can be located here: http://www.networkadvertising.org/</p>
<p class="p3"><span class="s1">ACCESSING AND CORRECTING YOUR INFORMATION</span></p>
<p class="p3">You can review and change your personal information by logging into the Site and visiting your account profile page. You may also send us an e-mail specifically stating your request to privacy@grotesknyc.com. to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.</p>
<p class="p3">If you delete your User Contributions from the Site, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Site users. Proper access and use of information provided on the Site, including User Contributions, is governed by our Terms of Use.</p>
<p class="p3"><span class="s1">DATA SECURITY</span></p>
<p class="p3">We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All information you provide to us is stored on our secure servers behind firewalls.</p>
<p class="p3">The safety and security of your information also depends on you. Where we have given you, or where you have chosen, a password for access to certain parts of our Site, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We advise you to be careful about giving out information in public areas of the Site like message boards. The information you share in public areas may be viewed by any user of the Site.</p>
<p class="p3">Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.</p>
<p class="p3"><span class="s1">CALIFORNIA PRIVACY RIGHTS</span></p>
<p class="p3">Notice to California Customers California's “Shine the Light” law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about the businesses’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. As noted herein, if you wish to opt-out of our sharing of your information with third parties for the third parties’ direct marketing purposes offline please contact us at our contact information provided below.</p>
<p class="p3"><span class="s1">CONTACT INFORMATION</span></p>
<p class="p3">To ask questions or comment about this privacy policy and our privacy practices, contact us:</p>
<p class="p3">by e-email at privacy@grotesknyc.com,</p>
<p class="p3">by mail at 44 Grand St, Brooklyn, New York 11249, Attn: Privacy</p>
<p class="p3">or by phone at 212-388-0332.</p>
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Terms & Conditions
<p class="p1">TERMS OF USE</p>
<p class="p3">The following terms and conditions (the “Terms and Conditions”), which are effective as of March 9th, 2015, cover and govern your use of the website(s) and all applications and features of the Site, including RSS, API, software and downloads (collectively, called the “Site”) owned or operated by Grotesk LLC. By accessing the Site, you accept these Terms and Conditions in effect at the time of your use and we grant you access to the Site in accordance with these Terms and Conditions. “You” means any user or visitor of the Site and “we,” “us” or “Grotesk” means Grotesk LLC and its affiliates.</p>
<p class="p3"><span class="s1">1. USE OF THE SITE</span></p>
<p class="p3">Your use of the Site is voluntary and personal and is subject to all applicable laws and regulations. Either we or third-parties own the information, materials and content on or available through the Site (“Content”) and all trademarks, logos, copyrights, trade dress and service marks (collectively, “Marks”) displayed on the Site. You cannot use the Marks for any purpose. You can only use the Site and Content for personal use as and to the extent permitted under these Terms and Conditions. You may not modify, copy, distribute, transmit, display, publish, create derivative works of, sell or license any Content. We may, in our sole discretion, immediately terminate your access, without notice, to the Site in the event you violate these Terms and Conditions.</p>
<p class="p3"><span class="s1">2. COMPLIANCE NOTICE PURSUANT TO 18 U.S.C. §2257</span></p>
<p class="p3">All pictures, graphics, videos, and other visual media displayed on the Site are exempt from 18 U.S.C. § 2257 and 28 C.F.R. 75 because they do not consist of depictions of conduct as specifically listed in 18 U.S.C. § 2256 (2) (A) - (D), but are merely, at most, depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to July 3, 1995.</p>
<p class="p3"><span class="s1">3. CODE OF CONDUCT</span></p>
<p class="p3">(1) You must be 18 years of age or older to register with or use the Site.</p>
<p class="p3">(2) Only registered users may access the registration-required portions of the Site.</p>
<p class="p3">(3) You will not copy, modify, distribute, download, display, post, publish, license, create derivative works of or otherwise transmit Submissions in any form except to and through the Site as expressly permitted hereunder.</p>
<p class="p3">(4) You will not use the Site to solicit or advertise any commercial product or activity without our consent.</p>
<p class="p3">(5) You will not post or transmit any materials that are threatening, offensive, harmful, harassing, abusive, vulgar, hateful, defamatory, sexually explicit, inflammatory, profane (even if it is masked), racially or ethnically objectionable, religious or political, or any materials that encourage inappropriate or unlawful conduct.</p>
<p class="p3">(6) You will not upload, store, process, post, transmit, distribute, publish or otherwise submit to or through the Site any Submissions that: (i) restrict or inhibit any other User from using the Site or contains a virus or other harmful component(s); (ii) violate any laws; (iii) violate or infringe any rights of third parties; (iv) violate these Terms and Conditions; or (v) impose an unreasonable or disproportionately large load on the Site or otherwise interfere with the operation of the Site.</p>
<p class="p3">(7) You will not use any Marks without Grotesk’s written consent, and, if applicable, the third party that owns the Marks.</p>
<p class="p3">(8) You will not use the Site for any unlawful purpose or activity including, without limitation. (i) chain letters, junk mail, spamming or similar activities; (ii) “spoofing,” (which means to disguise your online identity when sending e-mails or posting messages to the Site, or impersonating us or our personnel, another user, or the Site Moderator); (iii) using or possessing programs to hack passwords, restricted access sections on the Site, or other Internet security tools. (iv) attempting to circumvent established Internet security measures; or (v) posting or transmitting any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.</p>
<p class="p3">(9) You will not interfere with another user’s use and enjoyment of the Site.</p>
<p class="p3">(10) You will not upload, store, process, post, transmit, distribute, publish or otherwise submit any photos, hyperlinks, materials or other Submissions on or through the Site that do not comply with these Terms and Conditions.</p>
<p class="p3">(12) Please be respectful when engaged in discussions arising out of the Contents of the Site. We will not tolerate any attempts to harass or threaten other users based on differing opinions;</p>
<p class="p3">(13) Please do not post the same message more than once in the same thread or another thread. Reposting messages multiple times is considered spamming and is not permitted.</p>
<p class="p3">(14) Occasionally you will see a message with only the word “bump” in it. This is a vehicle for moving a thread to the top of the menu. Bumps are not permitted.</p>
<p class="p3">(15) Please do not give out or post any of your personally identifiable information (for example, your email address, your full legal name, your mailing address and your phone number).</p>
<p class="p3"><span class="s1">4. ONLINE PURCHASES AND OTHER TERMS AND CONDITIONS</span></p>
<p class="p3">All purchases made through the Site or any other transactions for the sale of goods or services made through the Site or as a result of visits made by you to the Site are governed by our Terms of Sale, which are hereby incorporated into these Terms and Conditions. Additional terms may also apply to specific portions of the sale. All such additional terms are also hereby incorporated by reference herein.</p>
<p class="p3"><span class="s1">5. INFORMATION: PRODUCTS AND ORDERS</span></p>
<p class="p3">All features, specifications, products and prices of products and services described on the Site are subject to change from time-to-time without notice. Although we endeavor to make the information on the Site complete, accurate and current, mistakes happen and, therefore, we do not make any representations as to the completeness, accuracy, or currency of any information on the Site. If any information on the Site or your order is inaccurate, we reserve the right, without prior notice, to limit the order quantity on any product, refuse service, and cancel orders at any time without prior notice (including after you have submitted your order). We have made every effort to display as accurately as possible the colors and features of the products available for online purchase on the Site; however, the actual color or specifications you will see will depend on your computer, and we cannot guarantee that your computer will accurately display our colors. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available over the internet on a consistent basis.</p>
<p class="p3"><span class="s1">6. USER SUBMISSIONS</span></p>
<p class="p3">The Site and Features may provide you and others with the opportunity to participate in message boards, chat rooms and other public areas and may provide you with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to, including, without limitation, comments, ideas, review, suggestions and other content such as text, photographs, illustrations, audio and video (collectively, the “Submissions”). Except as otherwise described in the Grotesk Privacy Statement, all Submissions are non-confidential, non-proprietary and Grotesk will not return them to you.</p>
<p class="p3">We respect your right to own Submissions and, therefore, you will remain the owner of your Submissions. However, we also need to have certain rights in your Submissions necessary to operate the Site, the Features and our business generally. By making a Submission, therefore, you grant to Grotesk and its affiliates a worldwide, irrevocable, perpetual, sub-licensable and royalty-free license to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify, adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies), market, promote and exploit all Submissions in any form or media now known or hereinafter developed. You understand that in exercising these rights in Submissions, Grotesk, among other things, may edit, reformat, alter, remove or delete any Submission for any reason it deems appropriate</p>
<p class="p3">We ask that you also respect the rights of others and ask that you do not make Submissions unless you own or have the right to the items included in your Submission. Upon request, you will furnish Grotesk any documentation, substantiation or releases necessary to verify your compliance with these Terms.</p>
<p class="p3">You are responsible for all Submissions that you upload, post, e-mail, transmit or otherwise make available, including the accuracy and appropriateness of the Submission. For that reason, Grotesk is not obligated to review, monitor, display, accept or exploit any Submissions and Grotesk is not liable for any of Submissions or for any loss or damage incurred as a result of Submissions.</p>
<p class="p3"><span class="s1">7. PRIVACY POLICY</span></p>
<p class="p3">Except as required by law and in accordance with the “Grotesk Privacy Statement,” which is available on the Site, we will maintain the confidentiality of all User communications that contain your personally identifiable information and which are transmitted directly to us. We do not have to keep confidential your transmissions and communications to the Site that do not contain the personally identifiable information. We may further use and provide information contained in any such transmissions and communications (including any Submissions) to any of our subsidiaries, affiliates or other third parties for any purpose.</p>
<p class="p3"><span class="s1">8. HYPERLINKING</span></p>
<p class="p3">The site may provide a link to other websites by allowing you to leave the site to access third-party material or by bringing the third-party material into the site via “inverse” hyperlinks and framing technology (a “linked site”). We have no authority or responsibility to alter, update, or control the content on a linked site. The fact that we have provided a link to a linked site is not an endorsement, authorization, sponsorship, or affiliation with respect to such linked site, its owners, or its providers. There are inherent risks in relying upon, using, or retrieving any information found on the internet, and we encourage you to make sure you understand these risks before relying upon, using, or retrieving any such information on a linked site. We permit users to add hypertext links to the site, provided the content of such linked site complies with these terms and conditions. We, however, reserve the right to disable and remove any such links and specifically disclaim any responsibility for the content available on any other websites linked to the site (including all linked sites). We prohibit the framing of any content available through the site. Access to any other websites linked to the site (including all linked sites) is at your own risk. You should be aware that linked sites may contain rules and regulations, privacy provisions, confidentiality provisions, transmission of personal data provisions and other provisions that are different from the provisions provided on the site and our policies. We are not responsible for such provisions and expressly disclaim any and all liability related to such provisions.</p>
<p class="p3"><span class="s1">9. NO WARRANTIES</span></p>
<p class="p3">All content, products and third party services on the site, or obtained from a linked site are provided to you “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, title, non-infringement, security or accuracy. Neither we, nor our affiliates, endorse or are responsible for (a) the accuracy or reliability of any opinion, advice or statement made through the site; (b) any content provided on the site and on any linked sites; or (c) the capabilities or reliability of any product or service obtained from the site or a linked site. Other than as required under applicable consumer protection law, under no circumstance will we or our affiliates be liable for any loss or damage caused by your reliance on information obtained through the site or a linked site, or your reliance on any product or service obtained from the site or a linked site. We encourage you to seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, product, service, or other content.</p>
<p class="p3"><span class="s1">10. LIMITATION OF LIABILITY FOR USE OF THE SITE AND LINKED SITES</span></p>
<p class="p3">The information, software, products and descriptions of services published on the site or a linked site may include inaccuracies or typographical errors, and we specifically disclaim any liability for such inaccuracies or errors. We do not warrant or represent that the content on the site is complete or up-to-date and we are under no obligation to update any content on the site. We may change the content on the site at any time without notice to you. You agree that we and our affiliates, and any of our collective officers, directors, employees, or agents will not be liable, whether in contract, tort, strict liability or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with the use of the site or a linked site, or with the delay or inability to use the site or a linked site, even if we are made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any viruses which may infect a user’s equipment, failure of mechanical or electronic equipment or communication lines, telephone or other interconnect problems, unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. We cannot and do not guarantee continuous, uninterrupted or secure access to the site.</p>
<p class="p3"><span class="s1">11. LIMITATION OF LIABILITY FOR GOODS OR SERVICES ARRANGED OR SOLD THROUGH THE SITE</span></p>
<p class="p3">Except as otherwise expressly provided, all products and services provided or sold through the site are provided on an ‘as is’ basis. We and our affiliates disclaim all warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. Any and all claims regarding any failure or breach with respect to goods and services offered or sold through the site are limited to claims against any and all such providers of goods and services. We, along with our affiliates, hereby disclaim any liability, whether based on contract, tort, strict liability or otherwise, including, without limitation, liability for any direct, punitive, special, consequential, incidental our indirect damages, in connection with the goods or services provided by any carrier or other supplier through the site, including, without limitation, liability for any act, error, omission, injury, loss, accident, delay or irregularity which may be incurred through the fault, negligence or otherwise, of such carrier or supplier and you hereby exonerate our affiliates and us from any liability with respect to the same.</p>
<p class="p3"><span class="s1">12. INDEMNIFICATION</span></p>
<p class="p3">You agree to indemnify and hold us, our agencies and their parents, subsidiaries, affiliates, members, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, the violation of these Terms and Conditions by you, or the infringement by you, or other User of the Site, of any intellectual property or other right of any person or entity.</p>
<p class="p3"><span class="s1">13. MODIFICATIONS TO SITE</span></p>
<p class="p3">We reserve the right to modify the current version of the Site without notice. We are not liable to you or any third party if we modify any operation of any version of the Site.</p>
<p class="p3"><span class="s1">14. PARTICIPATION IN PROMOTIONS OF ADVERTISERS</span></p>
<p class="p3">You may correspond with, or participate in promotions of, advertisers, if any, that advertise their products and services on our Site. Any such correspondence or promotions, including the delivery of and the payment for goods or services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding or participating User and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.</p>
<p class="p3"><span class="s1">15. USE OF “COOKIE” FILE FEATURES</span></p>
<p class="p3">We reserve the right to store information on a User’s computer in the form of a “cookie” or other similar file for purposes of modifying the Site to reflect User’s preferences. The Grotesk Privacy Statement provides additional information regarding our use of cookies, as well as procedures for disabling cookies.</p>
<p class="p3"><span class="s1">16. REPORTING INTELLECTUAL PROPERTY VIOLATIONS</span></p>
<p class="p3">You may not use the Site for any purpose or in any manner that infringes the rights of any third party. We encourage you to report any content on the Site that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on the Site infringes your copyright, trademark, or other intellectual property rights, please follow the procedures set forth below. In accordance with the Digital Millennium Copyright Act of 1998 (the “DMCA”), we have a designated agent for receiving notices of copyright infringement and we follow the notice and take down procedures of the DMCA.</p>
<p class="p3">If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following information required by the Online Copyright Infringement Liability Limitation Act of the DMCA, 17 U.S.C. 512: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (d) information reasonably sufficient to permit us to contact the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.</p>
<p class="p3">If you believe that any content on the Site violate your rights other than copyrights, please provide us with at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material; (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.</p>
<p class="p3">Notice of claims of copyright or other intellectual property infringement must be sent to us at: Email: info@grotesknyc.com and/or 44 Grand St , Brooklyn, New York 11249, Attn: Copyright Agent.</p>
<p class="p3">Please note that this procedure is exclusively for notifying us of claims that your copyrighted material or other intellectual property has been infringed. We have a policy of terminating the accounts of Users who (in our reasonable discretion) are repeat infringers. It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter. We will provide you with notice if your materials have been removed based on a third party complaint of alleged infringement of the third party’s intellectual property rights.</p>
<p class="p3"><span class="s1">17. OTHER FORMS OF CONTENT DELIVERY AND COMMUNICATION</span></p>
<p class="p3">The Site may offer you features, services, applications, downloads and APIs to enhance your use or the Site and Content, which may allow for, without limitation, the ability to upload content to the Site, receive messages from the Site, establish RSS feeds, downloads for use with your computer or mobile device, or interact with social media/networking sites (collectively, the “Features”). We may add new Features and modify or remove existing Features from time-to-time to reflect, among other things, new technologies or methods by which we want you to be able to interact with us. In addition to these Terms and Conditions, each Feature will be governed by the specific terms and conditions, if any, that relate to such Feature and that we disclose to you in connection with the Feature.</p>
<p class="p3">We may charge for Features and these charges will be disclosed prior to completion of registration for the Feature. As applicable, instructions regarding how to opt-out of Features will be disclosed in connection with the Feature. You agree that the Features for which you are registered may send communications to your mobile device regarding us, our affiliates and other items. Further, we may collect information related to your use of the Features. If you have registered for Features that use your mobile device, you agree to notify us of any changes to your mobile number and update your account(s) on the Site to reflect this change. Also, for any such Feature, standard messaging, data and other fees may be charged by your carrier. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. For mobile device Features, your carrier may prohibit or restrict certain Features and certain Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.</p>
<p class="p3"><span class="s1">18. CERTAIN LIMITED RIGHTS TO DISTRIBUTE CONTENT</span></p>
<p class="p3">We may allow you in writing to make certain uses of Content, including the ability to share Content with others (“Viral Distribution”). For example, the Site may allow you to send Content to friends, display Content on your personal web site or post Content on a third party web site. We reserve the right to revoke our permission for Viral Distribution at any time and for any reason and you agree to comply with any terms we post in connection the Viral Distribution of Content. Similarly, the Site may provide Content that you may choose, with our permission, to embed on your personal web page, third party web site or social networking site by pasting the HTML or other code provided by us (typically labeled as an embed code) (“Widgets”). Widgets are Content and subject to the limited, revocable license described above for Content, if any that we agree to grant to you. We may discontinue providing the services necessary for the Widgets to operate or we may disable Widgets you have embedded at any time for any reason without any liability to you. You agree that our permission to you to use Widgets on your personal web page does not provide you (or any third party) with any intellectual property rights in or to the Widget or any Content made available via any Widget. You will not embed or otherwise make available a Widget on a web page or web site containing content that (i) is threatening, abusive, harassing, hateful, or racially, ethnically or otherwise objectionable (in our sole opinion). We make no specific warranties about Widgets. You agree not to circumvent (or in any way attempt to circumvent) the security or rights management features in the Widget or any component of the Widget (including any video player) that are designed to prevent users from copying, manipulating or retaining the Content made available via the Widget. You also agree to not use (or attempt to use) the Widget or any component of the Widget to display content other than the Content provided or intended by us to be displayed via a particular Widget. Any Content made available in connection with your site, or otherwise, by our Widgets, third party widgets or otherwise is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of our Content upon notice.</p>
<p class="p3"><span class="s1">19. LAWS</span></p>
<p class="p3">These Terms and Conditions are governed by New York law, excluding its conflict of law provisions. You and Grotesk agree to submit to the exclusive jurisdiction of the courts of the State of New York. If any provision herein is held by a court of competent jurisdiction to be contrary to law, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and the other provisions herein shall remain in full force and effect. Our failure to exercise or enforce any right or provision of the Terms and Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. You acknowledge and agree that you will not litigate any claims against us or our affiliates on a class action or representative party basis and that you shall pursue such claims solely on an individual basis. You and we agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.</p>
<p class="p3"><span class="s1">20. ENTIRE AGREEMENT</span></p>
<p class="p3">These Terms and Conditions, including any other polices or terms referenced herein, shall, as the same are amended from time to time, constitute the entire agreement that governs your use of the Site and supersedes any prior agreements between you and Grotesk with respect to the subject matter of these Terms and Conditions. We may modify or add to these Terms and Conditions at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Site or by notifying you in another manner, such as e-mail, so that they are accessible via a link on the home page, and that your use of a Site after we have posted or notified you of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and Conditions before using the Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Sites from that point forward. By using the Site, you agree to the Terms and Conditions and any modifications thereto.</p>
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