Terms of Service

TERMS OF SERVICE

Updated October 22, 2022

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OVERVIEW

Welcome to gbny.com (the “Website”), which is owned and operated by GBNY Productions Inc. Throughout these Terms of Service (these “Terms”), the terms “we”, “us” and “our” refer to GBNY Productions Inc. The Website is our property, and we provide the Website, including all information, tools, and services available from the Website, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. Visitors to the Website are sometimes referred to in these Terms as “you” or “your” and you and we together are sometimes referred to as the “parties.”

Please read these Terms carefully before accessing or using our Website. By accessing or using any part of the Website, you accept and agree to be bound and abide by these Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. If you do not fully accept and agree to these Terms, then you must not access or use the Website. If these Terms are considered an offer, acceptance is expressly limited to these Terms. These Terms apply to all users of the Website, including browsers, vendors, customers, and merchants.

Section 1 – Changes to These Terms

We reserve the right to update, change or replace any part of these Terms at any time and from time to time in our sole discretion. We will notify you of changes to these Terms by positing such changes on this page of the Website. All changes are effective immediately when we post them and apply to all access to and use of the Website after being posted. Any new features or tools which are added to the Website shall also be subject to these Terms. You can review the most current version of these Terms at any time on this page.

[If you have given us your email address, we will also notify you by email of any material changes to these Terms. Please update us if your email address changes, so we may send you email notice of any such changes.]

Your continued use of or access to the Website following the posting of any changes to these Terms constitutes your acceptance of those changes. You are expected to check this when you access the Website so you are aware of any changes, as they are binding on you. If you do not agree to any changes to these Terms, you must stop accessing and using the Website and, if you have an account with us, you may cancel your account by contacting us at order@gbny.com.

Our employees are not authorized to change or waive these Terms. If any of our employees offers to modify these Terms except using the process described above, he or she is not acting as an agent for us or speaking on our behalf.

Section 2 – Privacy Policy

You agree that your access and use of the Website and all information you provide to us or that we collect through your use of the Website, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and by using the Website you consent to all actions we take with respect to your information consistent with our Privacy Policy, which is hereby incorporated by reference into these Terms. In the event of conflict between these Terms and the Privacy Policy, these Terms shall govern. The Website is not intended for residents of or visitors from or located in countries that are subject to the General Data Protection Regulation (“GDPR”).

Section 3 – Accuracy, Completeness, and Timeliness of Website Information

We are not responsible if information made available on the Website is not accurate, complete or current. Any of the information on the Website may be out of date at any given time. Such information is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the information on the Website is at your own risk. We do not warrant the accuracy, completeness, or usefulness of this information.

Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders in whole or in part if any information on the Website is inaccurate at any time without prior notice (including after you have submitted your order). 

We undertake no obligation to update, amend or clarify information on the Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website has been modified or updated.

Section 4 – Accessing the Website

The Website is not intended for and is not targeted towards children under 13 years of age. By accessing or using the Website, you represent that (x) you are of “Legal Age”, meaning the older of (i) at least age 18, or (ii) the age of majority in your state of residence, or that you are Legal Age and you have given us your consent to allow any of your minor dependents to use the Website, and (y) you are not a resident of or located in the European Economic Area or any other country subject to the GDPR. If you are under Legal Age, you should use the Website only with the involvement of a parent or guardian.

We reserve the right at any time to modify or discontinue the Website (or any part or content thereof), and any service or products we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is modified, discontinued, or unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire website, to certain users, including registered users.

You are responsible for both making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection are aware of these Terms and comply with them.

We have the right to revoke your access and use of the Website and to disable your account and any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms (including if we become aware that you are under Legal Age). Nothing herein constitutes a representation that the Website will be available to you for your access or use. You remain liable for any activity prior to such termination, including any orders that you placed or charges that you incurred prior to termination.

We are based in the State of New York in the United States. We provide the Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Section 5 – Passwords

To access the Website or some of the resources it offers or if you elect to join our rewards club, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your username, password, or other security information. You agree to accept responsibility for all activities that occur under your account or password. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We do not sell products or services to children and do not permit children to join our rewards club. We only sell products and services to adults, who can purchase items with a credit card or other payment method.

We reserve the right to delete, deactivate or modify your account or rewards club membership (including by changing your password) if we determine that your account or club information has been or may be compromised. We will make reasonable efforts to inform you of any such actions by email notice to the address provided by you.

Section 6 – Purchasing From the Website

By placing an order for products or services from the Website, you affirm that you are of Legal Age and you accept and are bound by these terms and conditions. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these terms and conditions.

You may not order or obtain products or services from the Website if you (a) do not agree to these terms, (b) are not of Legal Age, or (c) are prohibited from accessing or using the Website or any of the Website’s contents, goods or services by applicable law

You should carefully review our Privacy Policy before placing an order for products or services through the Website (see Section 2).

Our online store is hosted on Shopify Inc., which provides us with an online e-commerce platform that allows us to sell our products and services to you. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us and we reserve the right to refuse any order you place with us. We may choose not to fulfill orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered. In addition, orders may be limited or cancelled at any time including after receipt of a confirmation or shipping email, and we may require additional information or verification of information prior to the acceptance or shipment of an order.

We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail or billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Prices posted on the Website may be different from prices offered by us at our retail locations. All prices, discounts, and promotions posted on the Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. We may offer, from time to time, promotions on the Website that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before we accept an order. We currently accept American Express, MasterCard, Visa, Discover, PayPal and Venmo for all purchases. You represent and warrant that (i) all information you supply to us with respect to your purchase and your payment method is true, correct, and complete, (ii) you are duly authorized to use such payment method for the purchase, (iii) charges incurred by you will be honored by your company through which your payment is being made, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Title and risk of loss pass to you upon our transfer of your products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

Please see our Refund Policy for details regarding product returns and refunds.

We do not manufacture or control any of the products or services offered on our Website. The availability of products or services through our Website does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any warranties with respect to the products or services offered on our Website. However, the products and services offered on our Website are covered by the manufacturer’s warranty as detailed in the product’s description on our Website and included with the product.

ALL PRODUCTS AND SERVICES OFFERED ON THE WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY DEFECTS IN ANY PRODUCTS OR SERVICES YOU PURCHASED FROM US, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, WITH RESPECT TO ANY DEFECTS IN ANY PRODUCTS OR SERVICES YOU PURCHASED FROM US, AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT THERETO, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR SUCH PRODUCT OR SERVICE.

The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Section 7 -  Products and Services On the Website

Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy. 

The products and prices of products set forth on the Website are subject to change or being discontinued at any time without notice. The inclusion of any products on the Website at a particular time does not imply or warrant that these products will be available at any time.

We have made every effort to display as accurately as possible the colors and images of the products that appear on the Website. We cannot guarantee that your computer monitor’s display of any color or image will be accurate. 

We reserve the right to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Website is void where prohibited. 

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations.

Section 8 – Intellectual Property Rights; Trademarks

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, content, data, code, trademarks, trade names, service marks, logos, fonts, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. We expressly reserve all intellectual property rights in the Website and its contents, features and functionality.

These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, exploit, sell, resell, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.
• You must not:
• Modify copies of any materials from the Website.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
• You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Our name and logos are our trademarks and you must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners and you must not use such marks without their prior written permission.

Section 9 - Third-Party Links

Certain content, products, and services available via the Website may include materials from third parties. If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only and do not constitute an endorsement by us. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, are not responsible for examining or evaluating their content or accuracy and accept no responsibility for them or for any loss or damage that may arise from your use of them. 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Section 10 - User Comments, Feedback, and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. 

You agree that your comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website or any other website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 11 - Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms. In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Website or its content: (a) to solicit others to perform or participate in any unlawful acts; (b) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (c) in any way that violates any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to collect or track the personal information of others; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to impersonate or attempt to impersonate us, any of our employees, another user of the Website, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).

Additionally, you agree not to: (i) use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website; (ii) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (iii) use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent; (iv) use any device, software, or routine that interferes with the proper working of the Website; (v) upload or transmit viruses or any other type of code that is malicious or technologically harmful; (vi) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; (vii) attack the Website via a denial-of-service attack or a distributed denial-of-service attack; (viii) to interfere with or circumvent the security features of the Website, or (ix) otherwise attempt to interfere with the proper working of the Website.

We reserve the right to terminate your use of the Website for violating this Section 11.

Section 12 - Disclaimer of Warranties; Limitation of Liability

We do not and cannot guarantee, represent or warrant that the Website or its servers will be uninterrupted, timely, free from viruses or other destructive code, secure or error-free or otherwise meet your requirements. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER US NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER US NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, OR ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY OF ITS CONTENTS, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE.

The limitation of liability set forth above does not apply to liability resulting from (i) personal injury or death caused by our negligence, or (ii) our gross negligence or willful misconduct. Nothing in this Section purports to exclude attorneys’ fees or damages where mandated by statute. In addition, because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.

Section 13 - Indemnification

You agree to indemnify, defend and hold harmless us, our affiliates, licensors, and services providers, and our and their respective officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) relating to or arising out of your breach of these Terms or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.

Section 14 – Waiver and Severability

No waiver by us of any provision of these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 15 - Entire Agreement; Interpretation

These Terms, our Privacy Policy, and any other policies or operating rules posted by us on the Website constitutes the entire agreement and understanding between you and us and govern regarding the Website and its use by you, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). 

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

Section 16 - Governing Law and Jurisdiction

All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States located in Kings County, New York, or the courts of the State of New York located in the Queens County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your jurisdiction of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Section 17 - Contact Information

The Website is operated by GBNY Productions Inc., 89-02 165 St., Jamaica, New York US 11432.

Questions and comments about these Terms and all other communications concerning the Website (including notices of copyright infringement claims) should be sent to us at order@gbny.com.