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NOTIFICATION OF COPYRIGHT INFRINGEMENT

Subject_ respects the intellectual property rights of others and expects its users to do the same.

It is Subject’s_ policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Subject_ will respond expeditiously to claims of copyright infringement committed using the Subject_ website (the “Site”) that are reported to Subject´s_ Designated Copyright Agent, identified in the sample notice below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to info@subjectnyc.com Upon receipt of the notice as described below, Subject_ will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Site.

DMCA NOTICE OF ALLEGED INFRINGEMENT (“NOTICE”)

Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.

Identify (i) the material that you claim is infringing (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 us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Site where such reference or link may be found.

Provide your mailing address, telephone number, and email address

Include both of the following statements in the body of the Notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).

“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

Provide your full legal name and your electronic or physical signature.

Privacy Policy

Subject_ (weorour) provides this Privacy Policy to inform you of our policies and procedures regarding the collection, use and disclosure of personal information we receive from users of www.insituworks.com (the “Site”). Subject_ makes available through the Site an online service for selling and purchasing original works of art and commercially exploiting digital images of works of art (the “Services”). This Privacy Policy applies only to information that you provide to us through the Site and Services.

We may update this Privacy Policy from time to time. We will notify you of any material changes by posting the new Privacy Policy on the Site. You should consult this policy regularly for any changes. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms of Service.

As used in this policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.

Information Collection and Use: Personally Identifiable Information

In the course of using the Site and Services, you may provide us with personally identifiable information, which refers to information about you that can be used to contact or identify you (“Personal Information”). Personal Information includes, but is not limited to, your name, phone number, credit card or other billing information, email address, phone number and postal address. We use your Personal Information primarily to provide and improve the Site and Services and to respond to your inquiries.

We may also request that you provide certain information, such as your zip code and personal preferences, which is typically considered “Non-Identifying Informationbecause it cannot, by itself, be used to contact or identify you.

We use your Personal Information (in some cases, in conjunction with your Non-Identifying Information) primarily to provide and improve the Services, to complete your transactions and respond to your inquiries.

Certain Non-Identifying Information would be considered a part of your Personal Information if it were combined with other identifiers (for example, combining your zip code with your street address) in a way that enables you to be identified. But, the same items of information are considered Non-Identifying Information when they are taken alone or combined only with other non-Identifying information (for example, your age). We may combine your Personal Information with Non-Identifying Information and aggregate it with information collected from other Subject_ users to attempt to provide you with a better experience, to improve the quality and value of the Site and Services and to analyze and understand how our Site and Services are used.

We also use your Personal Information to contact you with Subject_ newsletters, marketing or promotional materials and other information that may be of interest to you. If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications.

Log Data

When you visit the Site, whether as a Member or a non-registered user just browsing (any of these, a “ISW User“), our servers automatically record information that your browser sends whenever you visit a website (Log Data). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type or the webpage you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, information you search for on our Site, access times and dates, ads you click on during your use of the Site, your viewing preferences, bookmark habits and other statistics. We use this information to monitor and analyze use of the Site and for the Site’s technical administration, to increase our Site’s functionality and user-friendliness and to better tailor the Site to our visitors’ needs. For example, some of this information is collected so that when you visit the Site again, it will recognize you and serve advertisements and other information appropriate to your interests. We also use this information to verify that visitors to the Site meet the criteria required to process their requests.

Cookies

Like many websites, we use “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes. We do link the information we store in cookies to the Personal Information you submit while on our Site. We use cookies for two purposes. First, we utilize persistent cookies to save your login information for future logins to the Site. Second, we utilize session ID cookies to enable certain features of the Site, to better understand how you interact with the Site and to monitor aggregate usage by Subject_ Users and web traffic routing on the Site. Unlike persistent cookies, session cookies are deleted from your computer when you log off from the Site and then close your browser. You can instruct your browser, by changing its options, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. If you do not accept cookies, however, you may not be able to use all portions of the Site or all functionality of our Services.

Web Beacons

We also use “web beacons,” “pixel tags,” “clear GIFs” or similar means (individually or collectively “Web Beacons”) on our Site. A Web Beacon is an electronic image, often a single pixel, embedded on web pages. Web Beacons are ordinarily not visible to users. Web Beacons allow us to count the number of users who have visited certain pages of the Site, to deliver branded services and to generate statistics about how our Site is used.

Making Purchases and Listing Works via the Site

If you purchase a work or other item or list a work for sale via the Site, we request certain Personal Information from you. You must provide contact information such as first and last name, address, city, zip, email and phone number and financial information such as credit card type, credit card number, expiration date and CVV2. We use this information for billing and remittance purposes, to list works for sale on the Site and to fulfill your orders, as applicable. If we have trouble processing an order or listing a work for sale, we will use this information to contact you. If you list a work for sale via the Site, we require you to provide a copy of a government issued photo identification. When you place an order or list a work for sale via the Site, Subject_ will also send you informational emails regarding such orders and sales.

Information Sharing and Disclosure

Subject_ Members: When you register for the Site and create an Account, your Personal Information (including, but not limited to, your name) will be publicly viewable via the Site. We recommend that you guard your sensitive information and we encourage you to think carefully about what information you post via the Site. If you choose to purchase Original Works of Art via the Site and Services, we will share your name and postal address with the Member who listed the work for sale on the Site to enable that Member to ship the purchased work directly to you.

Aggregate Information and Non-Identifying Information: We may share aggregated information that does not include Personal Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personal Information.

Service Providers: We may employ third party companies and individuals to facilitate our Services, to provide our Services on our behalf, to perform Site-related services (e.g., without limitation, payment processing, billing and shipping services, maintenance services, database management, web analytics and improvement of the Site’s features) or to assist us in analyzing how our Site and Services are used. These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Compliance with Laws and Law Enforcement: Subject_ cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Subject_ or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.

Business Transfers: Subject_ may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

Changing or Deleting Your Information

To completely delete all Personal Information you provide to Subject_, you must contact us at info@subjectnyc.com If you completely delete all such information, your account may be deactivated. We may retain an archived copy of your records as required by law or for legitimate business purposes.

Security

The security of your Personal Information is important to Subject_. But remember that no method of transmission over the Internet, or method of electronic storage, is 100% secure. When you enter sensitive information (such as credit card number) via the Site, we encrypt that information using secure socket layer technology (SSL). In some cases, we also encrypt sensitive information where it is stored on our systems.

We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

International Transfer

Your information may be transferred to – and maintained on – computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, Subject_ transfers Personal Information to the United States and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Our Policy Toward Children

This Site is not directed to children under 18. We do not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us at admin@insituworks.com. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.

Phishing

Identity theft and the practice currently known as “phishing” are of great concern to Subject. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, request your credit card information, username, login password or national identification numbers in a non-secure or unsolicited e-mail or telephone communication. For more information about phishing, visit the U.S. Federal Trade Commission’s website.

Links to Other Sites

Our Site contains links to other websites. If you choose to visit an advertiser by “clicking on” a banner ad or other type of advertisement, or click on another third party link, you will be directed to that third party’s website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

Contacting Us

If you have any questions about this Privacy Policy, please contact us at: info@subjectnyc.com

Subject NYC LLC
168 E 74th St. Suite 6A
New York, NY 10021
646-334-2067
168

 

Subject_ provides a service for selling original works of art and commercially exploiting digital images of works of art (the “Services”) through our website, accessible at www.subjectart.com (the “Site”). Please read carefully the following terms and conditions (“Terms”) and all exhibits, which are incorporated by reference into these Terms. These Terms govern your access to and use of the Site and Services, and constitute a binding legal agreement between you and Subject_.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES BY POSTING ANY CONTENT ON THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR SERVICES.

If you accept or agree to these Terms on behalf of a company or other legal entity, then you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Modification

Subject_ reserves the right, at its sole discretion, to modify, discontinue, or terminate the Site or Services or to modify these Terms at any time and without prior notice. If we modify these Terms, then we will post the modification on the Site or provide you with notice of the modification. We will also update the “Last Updated Date.” By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, then your only recourse is to cease using the Site and Services.

Eligibility

The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.

Account Registration

When you purchase a work of art you have the option to create an account (“Account”) by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process you will become a “Member.” You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current, and complete. Subject_ reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Subject_ of any unauthorized use of your Account.

Taxes

All shipping costs and applicable taxes and customs duties will be added to your order upon checkout. These fees are dependent on your shipping address. Within the United States, sales tax has been added to the price of the art. To estimate duties and taxes on your order, add the item to your shopping cart and enter your shipping destination on your cart page.

Color

You understand and agree that Subject_ uses commercially reasonable efforts to display the colors of Original Works of Art, Digital Works, and Printed Works accurately via the Site and Services. However, because individual computer monitors may display colors differently, Subject_ is not responsible for the color accuracy of any Original Works of Art, Digital Works, or Printed Works displayed on the Site and Services, and disclaims all liability in this regard.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at info@subjectnyc.com You acknowledge and agree that all Feedback will be the sole and exclusive property of Subject_ and you hereby irrevocably assign to Subject_ and agree to irrevocably assign to Subject_ all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein.

Subject_ Content

Subject_ may also make available through the Site and Services text, graphics, audio, video, and images of works of art (collectively, “Subject_ Content”), some of which is owned by Subject_ (“Subject_-Owned Content”), and some of which is made available under license by a third party (“Subject_ -Licensed Content”). Subject_ authorizes you to download, view, and print Subject_ -owned Content solely for your personal use in visiting the Site and, if you are a Member, in connection with exercising the rights granted to Members under these Terms. For Subject_-licensed Content, the scope of your rights thereto will be solely as set forth in the applicable license agreement that governs the use of such content, as identified on the page of the Site where such content appears. Nothing in these Terms is intended to modify, restrict, or limit the scope of your rights as to such Subject_ -Licensed Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Subject_ or its licensors, except for the licenses and rights expressly granted in these Terms.

General Prohibitions

You agree not to do any of the following:

Post, upload, publish, submit, or transmit any text, graphics, images, software, music, audio, video, information, or other material that: (i)infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v)promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) harms minors in any way; or (viii) promotes illegal or harmful activities or substances.

Use, display, mirror, or frame the Site, or any individual element within the Site, Subjects´s_ name, any Subject_ trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Subject’s express written consent;

Access, tamper with, or use non-public areas of the Site, Subject’s_ computer systems, or the technical delivery systems of Subject’s_ providers;

Attempt to probe, scan, or test the vulnerability of any ISW system or network or breach any security or authentication measures;

Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Subject_ or any of Subject’s_ providers or any other third party (including another user) to protect the Site, Services, Subject_ Content, or Member Content;

Attempt to access or search the Site, Services, Subject_ Content, or Member Content or download Subject_ Content or Member Content from the Site or Services through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by Subject_ or other generally available third party web browsers;

Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;

Use any meta tags or other hidden text or metadata utilizing a Subject_ trademark, logo URL, or product name without Subject’s_ express written consent;

Use the Site, Services, Subject_ Content, or Member Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;

Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Subject_ Content, or Member Content to send altered, deceptive or false source-identifying information;

Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site, Services, Subject_ Content, or Member Content;

Interfere with, or attempt to interfere with, the access of any user, host, or network including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;

Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;

Impersonate or misrepresent your affiliation with any person or entity;

Violate any applicable law or regulation; or
Encourage or enable any other individual to do any of the foregoing.

Subject_ will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Subject_ may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Subject_ has no obligation to monitor your access to or use of the Site or Services or to remove any Member Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. Subject_ reserves the right, at any time and without prior notice, to remove or disable access to any Member Content, listings for Original Works of Art or Digital Works, Subject_ Content, or any other text, graphics, images, software, music, audio, video, information, or other content or material that Subject_, at its sole discretion, considers to be objectionable, in violation of these Terms, or otherwise harmful to the Site or Services.

Sweepstakes and Contests

Subject_ may operate sweepstakes, contests, and similar promotions (collectively, “Promotions”) through the Site and Services. You should carefully review the rules (e.g., the “Official Rules”) of each Promotion in which you participate through the Site and Services, as they may contain additional important information about Subject_’s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of any Official Rules conflict with these Terms, the terms and conditions of the Official Rules will control.

Ownership

The Site, Services, and Subject_ Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Subject_ and its licensors exclusively own all right, title, and interest in and to the Site, Services, and Subject_ Content and Printed Works, including all associated intellectual property rights. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Site, Services, or Subject_ Content.

Copyright Policy

Subject_ respects copyright law and expects its users to do the same. It is Subject’s_ policy to terminate, in appropriate circumstances, Members or other Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Subject’s_ Copyright Policy below.

Links

The Site may contain links to third-party websites or resources. You acknowledge and agree that Subject_ is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Subject_ of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Termination and Account Cancellation

If you breach any of these Terms, then Subject_ will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Subject_ reserves the right to revoke your access to and use of the Site, Services, Subject_ Content, and Member Content at any time, with or without cause. In the event Subject_ terminates these Terms for your breach, you will remain liable for any amounts due hereunder. You may cancel your Account at any time by sending an email to info@subjectnyc.com.

Disclaimers

THE SITE, SERVICES, ISW CONTENT, AND MEMBER CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, ISW EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ISW MAKES NO WARRANTY THAT THE SITE, SERVICES, ISW CONTENT, OR MEMBER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. ISW MAKES NO WARRANTY REGARDING THE QUALITY OF ANY WORKS, SERVICES, CONTENT, OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SITE OR SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ISW OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES. YOU UNDERSTAND THAT, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, ISW DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF MEMBERS OR OTHER USERS OF THE SITE OR SERVICES, NOR DOES ISW MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY MEMBERS OR USERS OF THE SITE OR SERVICES. ISW MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

Indemnity

You agree to defend, indemnify, and hold Subject_ and its officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Site, Services, Subject_ Content, or Member Content, or your violation of these Terms.

Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, Services, Subject_ Content, and Member Content remains with you. Neither Subject_ nor any other party involved in creating, producing, or delivering the Site, Services, Subject_ Content, or Member Content will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data, loss of goodwill, service interruption, computer damage, or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Site, Services, Subject_ Content, or Member Content, or from any communications, interactions, or meetings with other Members or users of the Site or Services or other persons with whom you communicate or interact as a result of your use of the Site or Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not Subject_ has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

In no event will Subject_ aggregate liability arising out of or in connection with these Terms or from the use of or inability to use the Site, Services, Subject_ Content, or Member Content exceed: (i) if you are a Member who has sold Original Works of Art or has licensed Digital Works and has received any Seller Revenue Share from Subject_ from the sale of Printed Works, the total payments made or credited to you by Subject_ for the sale of your Original Works of Art and/or from the sale of Printed Works based on your licensed Digital Works during the three (3) month period preceding the date a claim for liability arises under these Terms; and (ii) if you are a Member who has purchased Original Works of Art or Printed Works, the total payments that you made to Subject_ for the Original Works of Art and/or Printed Works that are the subject of a claim. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Subject_ and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names, and any other proprietary designations of Subject_ used herein are trademarks or registered trademarks of Subject_. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Controlling Law and Jurisdiction

These Terms and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in the State of New York and each of the parties hereto waives any objection to jurisdiction and venue in such courts.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between Subject_ and you regarding the Site and Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between Subject_ and you regarding the Site and Services.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Subject’s_ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Subject_ may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

Notices

Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given by Subject_ (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made via e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

General

The failure of Subject_ to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Subject_. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, then that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Contacting Subject_

If you have any questions about these Terms, please contact Subject_ at info@subjectnyc.com

Subject NYC LLC
168 E 74th St. Suite 6A
New York, NY 10021
646-334-2067

 





THANK YOU, WE’LL BE IN TOUCH


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