Effective date: June 24, 2014
90 Grand may modify this Agreement from time to time and such modification shall be effective upon posting by 90 Grand on the 90 Grand Website. Your continued use of the 90 Grand Services after 90 Grand posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
- 1. Use of the Services
The Site, including all of its contents, such as text, images, and the HTML used to generate the pages ("Materials"), are our property or that of our suppliers, partners, or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from this Site in whole or in part, for any public or commercial purpose without our specific written permission. We grant you a personal, non-exclusive, non-transferable license to access the Site and to use the information and services contained here.
By using the 90 Grand Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you use the 90 Grand Services without being registered, including through a mobile device) or you are a "Collector" (which means that you have registered with 90 Grand). The term "User" refers to a Visitor or a Collector. The Site is available to users 18 years and older and who have not been suspended or removed by 90 Grand for any reason. Use of the 90 Grand Services is void where prohibited by law.
Password. When you sign up to become a Collector, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account or access the password of another Collector at any time or to disclose your password to any third party. You agree to notify 90 Grand immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Email. By signing up as an 90 Grand Collector, you agree to be put on our mailing list. Our mailing list is used strictly for communicating with you on upcoming events, special announcements, and other email correspondences. We do not sell or give out our Collectors’ emails to third-party vendors or partners. If you decide, after signing up as a Collector, that you no longer wish to receive emails from us, simply go to your Profile Settings page, and edit your preferences. You may also unsubscribe from any of our email correspondences at any time; in every e-mail communication we send, there is an unsubscribe hyperlink that allows the recipient to unsubscribe by simply clicking the hyperlink provided.
- 2. Content and Ownership
Basic Content Terms. In this Agreement, the term “Content” includes all of the images, text, information, data, audio, video, graphics, code, software and other materials included on or otherwise made available through the Services. Content includes but is not limited to User Content. In this Agreement, the term “User Content” includes all Content that is submitted, posted or otherwise provided on or through the Services by users. We do not claim ownership over any User Content, and each user is solely responsible for any User Content that they make available through the Services. More information about User Content is provided in the following section of this Agreement.
Proprietary Rights. All Content is owned by 90 Grand or by others who have licensed their Content to us, and is protected by U.S. and international copyright laws, trademark laws and/or other proprietary rights and laws. The Services are also protected as a compilation and/or collective work under U.S. and international copyright laws. As between you and 90 Grand, 90 Grand owns and retains, solely and exclusively, all rights, title and interest in and to the Services, all Content that we create or make available to you through the Services, and the look and feel, design and organization of the Services, including but not limited to any and all copyrights, trademark rights, trade secret rights, patent rights and other associated intellectual property and proprietary rights. Your use of the Services does not grant you any ownership over any Content, and except for the limited license and permission to use the Services that we grant you under this Agreement, your use of the Services does not grant you any license or permission under any copyright, trademark or other intellectual property rights of 90 Grand or any third party, whether by implication or otherwise. We reserve all rights not expressly granted to you in this Agreement.
Use of Content. You may view Content within the Services, including but not limited to User Content, for your own personal, internal use in connection with your use of the Services, in accordance with the normal functionality and restrictions of the Services. We may also provide interactive features that enable you to post or share certain User Content or other Content in a way that will be accessible to others, in which case you may use such features to post or share such Content, but only in accordance with the normal functionality and restrictions of such features (and such features do not imply any further permission to use any Content). Except as expressly permitted in this Agreement, you agree not to reproduce, distribute, adapt, modify, translate, create derivative works from, publish or otherwise use any Content for any purpose without express prior written permission from 90 Grand or the applicable rights holder. Any commercial exploitation of any images or other Content without express prior written permission from 90 Grand or the applicable rights holder is strictly prohibited.
Mature Content Warning. Please note that Content displayed on and in connection with the Services covers a wide range of art and subject matter, is generally uncensored, and may include nudity or other visual or written material that some people may consider offensive or inappropriate for children and minors. If you allow your child or any other minor to use your computer or other Internet compatible device, it is solely your responsibility to prevent them from accessing any Content that you think is or may be inappropriate for them.
- 3. User Content
Your User Content. In the future, the Services may include features that enable you to submit, post or otherwise provide text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "User Content"). You represent and warrant that: (i) you own the Content posted by you on or through the 90 Grand Services or otherwise have the right to grant the license set forth in this Section, and (ii) the posting of your Content on or through the 90 Grand Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you on or through the 90 Grand Services. 90 Grand performs technical functions necessary to offer the 90 Grand Services, including but not limited to transcoding and/or reformatting User Content to allow its use throughout the 90 Grand Services.
User Content License. 90 Grand does not claim any ownership rights in the Content that it posts by license or agreement on or through the 90 Grand Services. After posting your Content to the 90 Grand Services, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. The license you grant to 90 Grand is non-exclusive (meaning you are free to license your Content to anyone else in addition to 90 Grand), fully-paid and royalty-free (meaning that 90 Grand is not required to pay you for the use on the 90 Grand Services of the Content that you post), sub-licensable (so that 90 Grand is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the 90 Grand Services), and worldwide (because the Internet and the 90 Grand Services are global in reach). By displaying or publishing ("posting") any Content on or through the 90 Grand Services, you hereby grant to 90 Grand a limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce, and distribute such Content solely on or through the 90 Grand Services, including without limitation distributing part or all of the 90 Grand Site in any media formats and through any media channels. This limited license does not grant 90 Grand the right to sell or otherwise distribute your Content outside of the 90 Grand Services. After you remove your Content from the 90 Grand Website we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate.
Right to Monitor or Remove. We reserve the right, but do not have an obligation, to monitor or review any User Content or activity on the Services, to investigate alleged or suspected violations of this Agreement or to otherwise administer and operate the Services, at any time and in our sole discretion, and we may disclose any User Content or activity if we believe that disclosure is reasonably necessary to comply with any law, regulation, legal process or government request. 90 Grand may reject, refuse to post or delete any Content for any or no reason, including Content that in the sole judgment of 90 Grand violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. If at any time 90 Grand chooses, in its sole discretion, to monitor the 90 Grand Services, 90 Grand nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
No Endorsement. Please note that we do not endorse or make any representations or warranties as to the accuracy, completeness, truthfulness or reliability of any User Content or any advice, ideas or information communicated on or in connection with the Services by any users or other third parties. You agree that any reliance by you on any such advice, ideas or information is solely at your own risk. You agree that we have no obligation to review or screen any User Content before it is published on the Services, and you acknowledge that by using the Services, you may be exposed to User Content that is inaccurate or misleading or that you otherwise find objectionable. You agree that we will not be liable or responsible for the User Content of any other user.
- 4. Rules and Guidelines
You agree that you will not do any of the following:
- submit, post or provide any User Content, or take any other action that: (i) violates or infringes any third party rights (including but not limited to any copyrights, moral rights, trademark rights, trade secret rights, patent rights, privacy rights, publicity rights or contract rights): (ii) violates or infringes any applicable local, state, national or international laws, rules or regulations of the United States or any other applicable jurisdiction (including but not limited to any tax laws, consumer protection laws, or laws governing the export and/or import of data, software or any other property); (iii) is deceptive, misleading, fraudulent, defamatory, libelous, abusive, harassing, discriminatory, hateful, malicious, inciting of violence, threatening, sexually explicit or obscene
- impersonate or misrepresent your affiliation with any person or entity, including but not limited to creating a misleading user profile with inaccurate or untrue information
- access, tamper with or use any non-public areas of the Services, our computer systems, or the technical delivery systems of our service providers
- probe, scan or test the vulnerability of the Services or breach any security or authentication measures; or take any other action intended to obtain unauthorized access to any personal or proprietary information or property of 90 Grand or any other person or entity
- interfere or attempt to interfere with the normal operation of the Services or the access of any user, including but not limited to transmitting any viruses or harmful code, flooding the Services with excessive requests or traffic, or taking any other action that creates, in our sole discretion, an unreasonable or disproportionately large load on our servers or systems
- use any automated methods or tools to crawl, robot, scrape, spider or otherwise monitor or extract data from any part of the Services without our express prior written permission (we may also use robot exclusion headers within the Services and you agree to comply with any such headers)
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any of the source code or underlying ideas or algorithms of any part of the Services, except to the limited extent that applicable laws specifically prohibit such restrictions
- post or send any unauthorized or unsolicited advertising, promotional materials, marketing email or spam
- forge any TCP/IP packet header or any part of the header information in any User Content, or in any way use the Services or any Content to send altered, deceptive or false source-identifying information
- mirror or frame any part of the Services on any other website
- use any meta-tags or other hidden text or metadata containing any 90 Grand trademark, URL or product name without our express prior written permission
- use any 90 Grand trademark, URL, product name or logo in any way that incorrectly suggests our affiliation with or endorsement of any person, entity, product or service; or use any other trademarks, service marks, trade dress, designs or logos that are confusingly similar to any 90 Grand trademark, product name or logo or to the look and feel of the Services
- remove, alter or tamper with any copyright, trademark or other proprietary notices or any digital watermarks or other technical measures used to indicate the source and/or ownership of any images or other Content
- assist or encourage any third party to do any of the above activities prohibited in this section or to otherwise violate any 90 Grand Agreement or policy
- 5. Sales
Gift - “Thank You” Program. This is for site visitors who are introduced via a 90 Grand “Partner” participating in the 90 Grand Gift -Thank You Program. A partner (hotel, newspaper, representative etc.) of 90 Grand will supply a Redemption Code to you, its client, customer, or subscriber whom we refer to as a Collector. Collectors may redeem a 12” x 17.5” giclée print as a complimentary gift and an additional print for a “friend” domiciled at a different address, with retail values of $149 each, for a shipping and handling charge of $17.95 in the US. Tax will be charged where applicable and additional charges may apply to orders shipped to Alaska, Hawaii, and international addresses. Framing options may also be available for an additional charge. Any local import duties and taxes are the customer’s responsibility. Each print is accompanied by either an Estate Seal or an imprimatur of the artist, and a Certificate of Authenticity.
Upon registration, Collector will gain access to many more collections of world-class iconic images. All prices posted on the site are listed in USD and include all US shipping and handling fees. For international shipments, additional shipping rates will be calculated based on the shipping address. We do not ship to Africa or Brazil. In Russia we only ship to Moscow and St. Petersburg.
Some Artists may offer their prints in a Limited Edition format. These prints will be limited in quantity and will be sold until supplies are depleted. The pricing is at the discretion of Artist and will therefore vary by collection and print.
90 Grand reserves the right to change the prices of prints at any time upon its sole discretion.
Framing. 90 Grand offers framing for each print size. Framing costs and subsequent shipping costs, in or outside of the US, will vary due to increased size and weight.
Purchasing. 90 Grand and its partners strive for complete accuracy in description and pricing of the products on the Site. However, due to the nature of the internet, occasional glitches, service interruptions or mistakes may cause inaccuracies to appear on the Site. 90 Grand has the right to void any purchases that display an inaccurate price. If the displayed price is higher than the actual price, you may be refunded the overcharge. If the displayed price is less than the actual price, 90 Grand will void the purchase and attempt to contact you via either phone or email to inquire if you would like the item for the correct price. You acknowledge that temporary interruptions in the availability of the Site may occur from time to time as normal events. Also, we may decide to cease making available the Site or any portion of the Site at any time and for any reason. Under no circumstances will 90 Grand or its suppliers be held liable for any damages due to such interruptions or lack of availability.
- 6. Copyright Policy
Protecting Copyrights and Other Intellectual Property. 90 Grand respects the intellectual property of its artists, collections and images, and the property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. 90 Grand has the right to terminate the Accounts of infringers and pursue all available legal remedies.
Reporting a Claim. If anyone believes that their work has been copied and posted on or through the 90 Grand Services in a way that constitutes copyright infringement, please notify us immediately of the claimed infringement with all of the following information:
- 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;
- identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the 90 Grand Services (providing the URL(s) of the claimed infringing material satisfies this requirement);
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
- your physical or electronic signature.
Send notification of claimed infringement to:
5 Columus Circle, Ste 800
New York City, NY 10019
If you become aware that material appears on this site is in violation of a copyright please notify us by email at info@90Grand.com
- 7. Links to and from the Site
You may be able to link to third party websites (“Linked Sites”) from the Site. 90 Grand is not responsible for the content, accuracy or opinions expressed on Linked Sites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by 90 Grand. Inclusion of any linked website on the 90 Grand Services does not imply approval or endorsement of the linked website by 90 Grand. When you access these third party sites, you do so at your own risk. 90 Grand takes no responsibility for third party advertisements or third party applications that are posted on or through the 90 Grand Services, nor does it take any responsibility for the goods or services provided by its advertisers. We reserve the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and/or introduce different features or links to different users.
Permission must be granted by us for any type of link to the Site. To seek our permission, you may write to us at the address below. We reserve the right, however, to deny any request or rescind any permission granted by us to link through such other type of link, and to require termination of any such link to the Site, at our discretion at any time.
- 8. Disclaimers
90 Grand is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the 90 Grand Services, whether caused by Users of the 90 Grand Services or by any of the equipment or programming associated with or utilized in the 90 Grand Services and such User Content does not necessarily reflect the opinions or policies of 90 Grand. 90 Grand is not responsible for the conduct, whether online or offline, of any User of the 90 Grand Services. 90 Grand assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any User communication. 90 Grand is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the 90 Grand Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation in connection with the 90 Grand Services. Under no circumstances shall 90 Grand be responsible for any loss or damage, including personal injury or death, resulting from use of the 90 Grand Services, attendance at a 90 Grand event, from any User Content posted on or through the 90 Grand Services, or from the conduct of any Users of the 90 Grand Services, whether online or offline. The 90 Grand Services are provided "AS-IS" and as available and 90 Grand expressly disclaims any warranty of fitness for a particular purpose or non-infringement. 90 Grand cannot guarantee and does not promise any specific results from use of the 90 Grand Services.
- 9. Limitation on Liability
UNDER NO CIRCUMSTANCES WILL 90 GRAND OR ANY OF OUR OFFICERS, OWNERS, DIRECTORS, CONSULTANTS, AGENTS OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, ANY DAMAGE TO ANY COMPUTER OR OTHER DEVICE, OR ANY DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY RELATED TO: (i) THE USE OF OR INABILITY TO USE THE SERVICES: (ii) ANY CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICES; AND/OR (iii) ANY CONTENT, GOODS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES. IN NO EVENT WILL THE TOTAL LIABILITY OF 90 GRAND AND OUR OFFICERS, OWNERS, DIRECTORS, CONSULTANTS, AGENTS AND EMPLOYEES FOR ANY CLAIM RELATED TO THE SERVICES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE TOTAL AMOUNT PAID TO 90 GRAND, IF ANY, DURING THE THREE (3) MONTHS BEFORE THE ACT OR OMISSION GIVING RISE TO THE CLAIM.
THE LIMITATIONS IN THIS SECTION APPLY TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A REMEDY SET FORTH IN THIS AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.
- 10. Disputes
The Agreement shall be governed by, and construed in accordance with, the laws of the State of New Jersey, without regard to its conflict of law provisions. You and 90 Grand agree to submit to the exclusive jurisdiction of the courts located within the State of New Jersey to resolve any dispute arising out of the Agreement or the 90 Grand Services.
EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
- 11. Indemnity
You agree to indemnify and hold 90 Grand, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the 90 Grand Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the 90 Grand Services causes 90 Grand to be liable to another.
- 12. Contacting 90 Grand
5 Columus Circle, Ste 800
New York City, NY 10019
- 13. General
Our delay or failure to exercise or enforce any right or provision of this Agreement will not be deemed a waiver of any such right or provision or any other right or provision of this Agreement. None of our rights or remedies under this Agreement may be waived unless the waiver is in writing and signed by our duly authorized representative. This Agreement will be binding on your successors and assigns, but you may not assign, transfer or sub-license any of your rights or obligations under this Agreement without our express prior written consent. This Agreement and all rights granted to us under this Agreement will inure to the benefit of and are intended to be enforceable by our successors and assigns. There are no third party beneficiaries to this Agreement except as expressly otherwise provided in this Agreement. No agency, partnership, joint venture, employment or franchise relationship is created or intended by this Agreement or your use of the Services. This Agreement was written in English, and to the extent that any translated version of this Agreement conflicts with the English version, the English version will control. The paragraph and section titles in this Agreement are for convenience only and have no legal or contractual effect.