CONDITIONS of USE
Welcome to our website, service, & online store! SMM NYC, owned & operated by 10Tier, LLC (hear within SMM NYC) and its associates provide their services to you subject to the following conditions. If you visit, remain, register, refer or shop within this website, you accept these conditions. Your continued use of this site, or any services or products acknowledge your full agreement of all conditions of use. Please read them carefully.
Please review our Privacy Notice, which also governs your visit to our website, to understand our practices.
When you visit SMM NYC or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site, or SMS. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of SMM NYC or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of SMM NYC, with copyright authorship for this collection by SMM NYC, and protected by international copyright laws.
SMM NYCs trademarks and trade dress may not be used in connection with any product or service that is not SMM NYCs, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits SMM NYC. All other trademarks not owned by SMM NYC or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by SMM NYC or its subsidiaries.
LICENSE AND SITE ACCESS
SMM NYC grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of SMM NYC. This license does not include any resale or commercial use of this site or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this site or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of SMM NYC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of SMM NYC and our associates without express written consent. You may not use any meta tags or any other “hidden text” utilizing SMM NYCs name or trademarks without the express written consent of SMM NYC. Any unauthorized use terminates the permission or license granted by SMM NYC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of SMM NYC so long as the link does not portray SMM NYC, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any SMM NYC logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
If you use this site, register to receive email, or to purchase a product you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with involvement of a parent or guardian. SMM NYC and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
REVIEWS, COMMENTS, EMAILS, AND OTHER CONTENT
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. SMM NYC reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant SMM NYC and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant SMM NYC and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify SMM NYC or its associates for all claims resulting from content you supply. SMM NYC has the right but not the obligation to monitor and edit or remove any activity or content. SMM NYC takes no responsibility and assumes no liability for any content posted by you or any third party.
RISK OF LOSS
All items purchased from SMM NYC are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
SMM NYC and its associates attempt to be as accurate as possible. However, SMM NYC does not warrant that product descriptions, services or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by SMM NYC itself is not as described, your sole remedy is to return it in unused condition, and immediately stop using services provided by SMM NYC.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY THIS SITE IS PROVIDED BY SMM NYC ON AN “AS IS” AND “AS AVAILABLE” BASIS. SMM NYC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, SMM NYC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SMM NYC DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM SMM NYC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SMM NYC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend, and hold SMM NYC, its managers, members, officers, directors, employees, consultants, agents, and representatives harmless from and against any and all actions, claims, demands, proceedings, liabilities, damages, judgments, settlements, fines, penalties, costs, and expenses, including attorneys’ fees and related costs, which: 1) arise solely or in part from your act(s) or omission(s); or 2) arise from or are related to a breach you of any express warranty contained herein.
a. If any action is brought against SMM NYC in respect to any allegation for which indemnity may be sought, SMM NYC will promptly notify you of any such claim of which it becomes aware and will: 1) Provide reasonable cooperation to you and SMM NYC’s expense in connection with the defense or settlement of any such claim; and 2) be entitled to participate at its own expense in the defense of any such claim.
b. SMM NYC agrees that you will have sole and exclusive control over the defense and settlement of any such third party claim. However, you agree not to acquiesce to any judgment or enter into any settlement that adversely affects Company’s rights or interests without the prior written consent of SMM NYC.
These Terms and Conditions shall be construed in accordance with and governed by the laws of the United States and the State of New York, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Southern District of New York, USA in all disputes arising out of or related to the use of the Site or Service.
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms and Conditions to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms and Conditions shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
Any dispute relating in any way to your visit to SMM NYC or to products you purchase through SMM NYC shall be submitted to confidential arbitration in Southern District of New York, USA, except that, to the extent you have in any manner violated or threatened to violate SMM NYCs intellectual property rights, SMM NYC may seek injunctive or other appropriate relief in any state or federal court in the state of Southern District of New York, USA, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrators award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to SMM NYC. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
SMM NYC has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. SMM NYC has adopted a policy that provides for the immediate suspension or termination of any Site or Service user who is found to have infringed on the rights of SMM NYC or of a third party, or otherwise violated any intellectual property laws or regulations. SMM NYC’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want SMM NYC to delete, edit, or disable the material in question, you must provide SMM NYC with all of the following information:
. a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
a. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
b. identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SMM NYC to locate the material;
c. information reasonably sufficient to permit SMM NYC to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
d. a statement that you have 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
e. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For this notification to be effective, you must provide it to SMM NYC’s designated agent at:
Copyright Compliance Agent
165 Broadway, 23rd Floor
New York, NY 10006
contact [at] smm.nyc
SMM NYC may, in its sole discretion and without prior notice, (a) revise these Terms and Conditions; (b) modify the Site or the Service; and (c) discontinue the Site or Service at any time. SMM NYC shall post any revision to these Terms and Conditions to the Site, and the revision shall be effective immediately on such posting. In the event of substantive changes to this Agreement, the new terms will be posted to the Site, you will be required to affirmatively assent to its terms, and you may also be notified by email. If any modification is unacceptable to you, your only recourse is not to use the Site and Service and to request an immediate termination of your membership, and all services you are subscribed to. Your express consent or continued use of the Site or our Service following posting of a change notice or new Agreement on the Site will constitute binding acceptance of the changes.
This Agreement will be binding upon each party hereto and its successors and permitted assigns. This Agreement will not be assignable or transferable by you without SMM NYC’s prior written consent. This Agreement contains the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. Any rights not expressly granted herein are reserved. You and We are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.