Terms of Use & Privacy Policy

USER AGREEMENT/TERMS OF SERVICE

The User Agreement may be modified, rephrased and changed through different time periods, along with sets for the legally binding terms and conditions for the Users of the Site and all products offered by VisuallyNYC. If you do not agree with any of the terms of the User Agreement, do not access or use our Site in any type of way. By using VisuallyNYC, you are confirmed to accept all the terms and conditions set forth in the User Agreement and may be modified, updated by VisuallyNYC anytime with or without notification to its Users. Remained and continued use of the site by the User shall authorize the User’s consent to any changes made to the User Agreement. Your continuing use of the website will validate the acceptance of the new terms. If you have any questions about the User Agreement you may contact us.

Standard Terms for Purchasing/Returning a Product on CUSTOMON

By completing an order application and sending the request to purchase a “product” on the VisuallyNYC website, the buyer makes a binding offer for a contract of sale of the content product offered on the website. The buyer then will receive an e-mail with the order confirmation. This e-mail validates and shall only inform the buyer that their order was received by VisuallyNYC and does not suggest an approval of the offer. The contract is only accepted and becomes active when VisuallyNYC ships the ordered product to the buyer and confirms the shipment of the product to the buyer in a second e-mail.

The contract becomes terminated with full delivery to the address provided by the buyer to VisuallyNYC. VisuallyNYC will attempt to replace the product with an identical substitute transaction if any disruption of shipment of the product occurs. If VisuallyNYC fails to comprise the unavailable product in a business timeframe, the buyer shall be informed immediately about the non-availability of the product and the service. If the buyer has already made a payment, the payment shall be refunded.

VisuallyNYC maintains the right to deny any given orders for any reason with notice to the customer. VisuallyNYC also may cancel an order if it is believed to violate this agreement or in infringement of the right of any person or any law. Purchased product order may be canceled even of it has been confirmed and the customer has made payment. We retain this right until the time customer receives the product ordered. If such a cancellation occurs after the customer has made a payment for the product, the charged amount will be refunded back to customer’s account.

Buyers can purchase products on the VisuallyNYC website using a valid credit card or the PayPal system and do not have to be a member to purchase a product. The price of the purchased product is fixed at the time of the ordering. The cost of the product will be charged at the time your order is placed.

VisuallyNYC have to right to rely on trustworthy third party services for handling of the payment. In a delinquency of payment from the customer, VisuallyNYC has the right to transfer the claims to a debt collection agency along with personal information needed for the handling of payments to third parties.

It is the customers obligation to provide the correct delivery shipment address. VisuallyNYC take no accountability for any product the customer does not obtain due to incorrect address provided for shipment to VisuallyNYC.

You may not cancel an order once it has been submitted unless informed otherwise. Once a printing of a product begins, cancellation cannot be performed. Orders enter the printing process as early as same day or next business day after the order has been placed on the website.

Cancellation on orders before printing begun can be done with to a fifteen percent (15%) cancellation fee of the order total. Fifteen percent cancellation fee includes costs associated with preparing for an order, including artwork processing, prepress processing, and material preparation costs. Orders are processed as early as minutes after they are placed on VisuallyNYC.

There are no refunds or exchanges after an order has been printed and/or shipped under any circumstances. Once the customer receives the purchased product from our website and the product received is not the right ordered merchandise or physically damaged due to an error on our part, VisuallyNYC will  address the issue for the replacement of the product after receiving reasonable proof of the issue. If you receive a damaged product, then you must contact VisuallyNYC customer service within 14 days of receipt with the nature of the damage and to arrange for a new product to be sent to you at no cost to you.

You understand that even though we have legitimate cautions with the products on our website, the content might be posted at an incorrect price or information or may be nonexistent. You understand and acknowledge that we cannot progress an order where such an error exists and hereby inform us to cancel such an order where we can take other actions as required.

Ordered product will be delivered to the address instructed by the customer by the postal/shipment service provider chosen by VisuallyNYC and will be paid by the customer during the time of purchase. The shipping charges will fluctuate according to the size, weight, price and the delivery location of the ordered product. The ordered product will be shipped between few days to three weeks at the latest. Depending on the location of the delivery, arrival time of the ordered product may vary. Delivery is available in United States and other countries of the world.

Also, you authorize VisuallyNYC to discard and dispose any product that becomes excess due to refunds, reprints, fraud, product sampling or promotional activities, in any way.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event and under no legal theory shall VisuallyNYC or any other service, or person that has been involved in the creation, production, or delivery of any services of VisuallyNYC and its offerings be liable to you or any other person for any general, direct, indirect, special, incidental, consequential, exemplary, punitive, cover or other damages of any character arising out of the licensing agreement or the use of or inability to use the service, including but not limited to, personal, injury, loss of data, loss of profits, loss of assignment, data or output from the service being rendered inaccurate, failure of the VisuallyNYC service to operate with any other programs, server down time, damage for loss of goodwill, business interruption, computer failure or malfunction, or any and all other damages or losses of whatever nature, even if VisuallyNYC has been informed of the possibility of such damages. This also includes any loss or damages that may be provoked by you due to services changes made on VisuallyNYC, irreversible or temporary discontinuance of the service, corruption or deletion or failure to save any user content through the service, or not keeping account information details and password safe and secure.

The limitations and exclusions of liability above shall be effective regardless of the theory of liability, including contract including fundamental breach, warranty, product liability, strict liability, violation including negligence or other theory, even if VisuallyNYC have been informed of the possibility of such damages.

Privacy Policy

Privacy of our Users is significantly important to us. VisuallyNYC uses personal information of the customer for appropriate and necessary purposes and corresponding to legal regulations. The personal information given such as name, email, mailing address, back account details, are used for ordering products by VisuallyNYC for completion and management of the agreement contract. This personal information handled confidential by VisuallyNYC and is not shared with any third parties who are not included in ordering, delivery and payment process. Users are entitles to change their personal information.

Even though we aim to protect and secure customers’ information, we do not guarantee data used over the Internet to be completely secure and protection of any information transmitted to us. The risk of any information transmitted to us is at users’ own risk.

Rules and Warnings to All Users

All users must confirm and assure that using VisuallyNYC website and our services are not illegal or prohibited by laws that apply to all users.

All users of VisuallyNYC must be at least 18 years of age or older or have permission and consent from their parent or guardian to have access to our website. With reference to Federal Children's Online Privacy Protection Act of 1998 (COPPA), VisuallyNYC will never intentionally solicit, nor will accept, personally identifiable information from members known to be under thirteen (13) years of age.

It is the users’ responsibility to protect themselves during the process of accessing VisuallyNYC website.

To avoid any type of risk from VisuallyNYC website, including viruses, malicious computer code or other forms of interference that might damage their computer system, user must take their own precautions. It is not our responsibility for any obstruction or harm to any computer system that occurs in connection with your use of this website or any linked website.

We are not accountable for any losses caused directly or indirectly from a failure to supply the VisuallyNYC service, errors or loss of data, corruptions or interruptions, any suspension or termination of the VisuallyNYC service, or any transmissions by others in infringement of the registered members’ obligations as set out in this agreement.

All users must understand that VisuallyNYC may not be able to validate the identity of other registered members or prevent them demonstrating deceitful deceptions or any behavior that infringes the rights of any individual and people.

Licensing of Intellectual Property Rights

 

All intellectual property rights in this website and the VisuallyNYC service, all text, user interfaces, photographs, trademarks, graphics, logos, icons, artwork, content, sound recordings and software are owned, controlled or licensed by to VisuallyNYC, and is protected by trade dress, copyright, patent, and trademark laws, and various other intellectual property and other rights.

Except for the intention of and matter to the conditions defined under appropriate Trademark and Copyright legislation worldwide, and except as expressly provided in this Agreement or otherwise permitted by law, you cannot in any form/format use any VisuallyNYC Content.

You cannot copy, adapt, reproduce, modify, store, republish, upload, distribute, perform, post, print, display, create derivative works from any part of this website, publicly display including of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or any other medium for publication or distribution or for any commercial enterprise or purpose, without our written permission and a prior written consent from us.

Disclaimer of Warranties

You solely understand and agree that using any service on VisuallyNYC is at your sole risk. We do not guarantee and promise that any services on VisuallyNYC website or any other website that is accessible using a hyperlink from this website will be free from errors or viruses.

To the maximum extent permitted by applicable law, VisuallyNYC is provided “as is” without warranties, conditions, representations or guarantees of any kind, either expressed, implied, statutory or otherwise, including but not limited to, any implied warranties or conditions of merchantability, satisfactory quality, title, non-infringement or fitness for a particular purpose. VisuallyNYC does not warrant the operations of its offerings will be uninterrupted or error free.

We do not accept any responsibility for any defective services including loss or damage, either directly or indirectly experience in connection with the use of this website or any linked website, any loss due to your use of or reliance on information enclosed on or accessed by using this website.

You, all users, take on the entire risk as to the results, quality and performance of the service should the service prove defective, including any material, information, data downloaded, viewed, shared, or otherwise accessed through the service is accessed shall caused any damage to your computer system or loss of data. No oral or written information or advice given by VisuallyNYC authorized representative shall create a warranty. This disclaimer of warranty constitutes an essential part of the license agreement.

Indemnity

You agree to indemnify, defend and hold VisuallyNYC and/or VisuallyNYC’ Affiliates, including, officers, directors, employees, agents, and representatives as well as, all third parties printing, manufacturing and all other products sold through the website harmless from and against any and all claims, damages, losses, liabilities and costs including legal fees incurred by VisuallyNYC and/or VisuallyNYC Affiliates regarding any claim arising out of your breach of this agreement. Including any accusation that any information that you present to us or submit to VisuallyNYC that infringe or another way breaches the copyright, trademark, or intellectual property or other rights of any third party. VisuallyNYC reserves the right, but has no obligation, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.

Concluding Terms

VisuallyNYC accept no liability for any failure to abide with this agreement where such failure is due to conditions beyond our reasonable control. Any rights waived by us that is accessible to us under this agreement on one occasion, this does not mean that those rights will automatically be waived on any other occasion. If any of the terms of this agreement are held to be ineffective, illegitimate or illegal for any reason, the remaining terms and conditions will still continue in full force.

Delivery and services of VisuallyNYC are entirely subject to the general terms and conditions of VisuallyNYC. The Shop Owners may not enforce additional terms and conditions with their contents.

All parties agree that all rights and duties of these general terms and conditions are subject to the law of the New Jersey, USA. The jurisdiction will be New Jersey, if disputes arise from or in connection with these general terms and conditions.