Terms & Conditions

Please read these Terms & Conditions of Service (the “Terms & Conditions”) completely when using http://www.blankstudionyc.com, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”), which is owned and operated by Blank Studio NYC LLC (the “Company”). These Terms & Conditions govern your use of this website; by accessing and/or using the Site, you agree that you have read, understood, and agreed to be bound by the Terms & Conditions in full and without reservation. IF YOU DISAGREE WITH THE TERMS & CONDITIONS OR ANY PART OF THE TERMS & CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. The Company reserves the right, in its sole discretion, to make changes or modifications to these Terms & Conditions at any time and for any reason. The Company will alert you about any changes by updating the “Last Updated” date of the Terms & Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review the Terms & Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms & Conditions by your continued use of the Site after the date such revised Terms & Conditions are posted.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the Company to any registration requirement within such jurisdiction or country. Accordingly, any person who chooses to access the Site from other locations does so on their own initiative and is solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Site is not tailored to comply with industry-specific regulations (including, without limitation, the Health Insurance Portability and Accountability Act (HIPAA), and the Federal Information Security Management Act (FISMA), so if your interactions would be subjected to such laws, you may not use the Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

You must be at least 18 (eighteen) years of age to use the Site. By using the Site and by agreeing to these Terms & Conditions, you warrant and represent that you are at least 18 years of age.

License to Use Website

The Site and all of its content (including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics, collectively, the “Content”) and the trademarks, service marks, and logos contained therein (collectively, the “Marks”) are the sole property of the Company or are licensed to the Company and are fully protected by applicable copyright and trademark laws other intellectual property rights laws, including unfair competition laws of the United States and other jurisdictions. Subject to the license below, all these intellectual property rights are reserved. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms & Conditions, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without the Company’s express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. You may view, download for caching purposes only, and print pages, files or other content from the Site solely for your own personal use, subject to the restrictions set out below and elsewhere in these Terms & Conditions. The Company reserves all rights not expressly granted to you in and to the Site, the Content and the Marks.

 

User Representations

By using the Site, you represent and warrant that: (i) you have legal capacity to, and you agree to, comply with the Terms & Conditions, (ii) you are not a minor in the jurisdiction in which you reside, (iii) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise, (iv) you will not use the Site for any illegal or unauthorized purpose, and (v) your use of the Site will not violate any applicable law or regulation.

If you provide any information that in untrue, inaccurate, not current, or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Site and/or any portion thereof.

 

Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Site, you agree not to:

  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from the Company;

  • Trick, defraud or mislead the Company or other users, especially in any attempt to learn sensitive account information such as user passwords;

  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitation on the use of the Site and/or the Content contained therein;

  • Disparage, tarnish, or otherwise harm, in our opinion, the Company and/or the Site;

  • Use any information obtained from the Site in order to harass, abuse, or harm another person;

  • Make improper use of our support services or submit false reports of abuse or misconduct;

  • Use the Site in a manner inconsistent with any applicable laws or regulations;

  • Use the Site to advertise or offer to sell goods and services;

  • Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters or spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site;

  • Engage in any automated use of the System, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;

  • Delete the copyright or other proprietary rights notice from any Content;

  • Attempt to impersonate another user or person or use the username of another user;

  • Sell or otherwise transfer your Profile;

  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1 x 1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);

  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site;

  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you;

  • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site;

  • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;

  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site;

  • Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper or offline reader that accesses the Site, or using or launching any unauthorized script or other software;

  • Use a buying agent or purchasing agent to make purchases on the Site;

  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;

  • Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise;

  • Republish material from this website in ether print or digital media or documents (including republication on another website);

  • Sell, rent or sub-license material from the website;

  • Show any material from the website in public;

  • Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;

  • Edit or otherwise modify any material on the website;

  • Redistribute material from this website – except for content specifically and expressly made available for redistribution; or

  • Republish or reproduce any part of this website through the use of iframes or screenscrapers.

Where content is specifically made available for redistribution, it may only be redistributed within your organization.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of it, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities on or in relation to this website without the Company’s express written consent.

This includes:

  • scraping

  • data mining

  • data extraction

  • data harvesting

  • ‘framing’ (iframes)

  • Article ‘Spinning’

You must not use this website or any part of it to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without the express written consent of the Company.

Links to Other Websites

The Site may at times contain a number of links to other websites and online resources that are not owned or controlled by the Company.

The Company has no control over, and therefore cannot assume responsibility for, the content or general practices of any of these third-party sites and/or services. Therefore, we strongly advise you to read the entire terms and conditions and privacy policy of any site that you visit as a result of following a link that is posted on our site.

User Submissions

In these Terms & Conditions, ‘your user content’ means material (including without limitation text, images, audio material, video material and audio-visual material, including questions, comments, suggestions, ideas, feedback, or other information regarding you, the Site, or any other topic) that you submit to this website, for whatever purpose. You acknowledge any agree that any and all of your use content provided by you to the Company is non-confidential and shall the sole property of the Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of your user content for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such user content, and you hereby warrant that any such use content is original with you or that you have the right to submit such user content. You agree that there shall be no resource against the Company or any of its agents or representatives for any alleged or actual infringement or misappropriation of any proprietary right in your user content.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or a third party (in each case under any applicable law). You must not submit any user content to the Site that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. The Company reserves the right to edit or remove any material submitted to this website, or stored on its servers, or hosted or published on the Site.

The Company reserves its rights under these Terms & Conditions in relation to user content and does not undertake to monitor the submission of such content to, or the publication of such content on, the Site.

No Warranties

The Site is provided “as is” without any representations or warranties, express or implied. The Company makes no representations or warranties in relation to the Site or the information and materials provided on the Site.

Without prejudice to the generality of the foregoing paragraph, the Company does not warrant that:

  • this website will be constantly available, or available at all; or

  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of Liability

The Company will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;

  • for any indirect, special or consequential loss; or

  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if the breaching party has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.

Reasonableness

By using the Site, you agree that the exclusions and limitations of liability set out in the Site disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other Parties

You accept that, as a limited liability entity, the Company has an interest in limiting the personal liability of its owners, officers, and employees. You agree that you will not bring any claim personally against the Company’s owners, officers, or employees in respect of any losses you suffer in connection with the Site.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect the Company’s owners, officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as the Company.

Indemnity

You agree to defend, indemnify, and hold the Company, our officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from, your violation of these Terms & Conditions.

Breaches of the Terms & Conditions

Without prejudice to the Company’s other rights under these Terms & Conditions, if you breach the Terms & Conditions in any way, the Company may take such action as the Company deems appropriate to deal with the breach, including suspending your access to the Site, prohibiting you from accessing the Site, blocking computers using your IP address from accessing the Site, contacting your internet service provider to request that they block your access to the Site and/or bringing court proceedings against you.

Variation

We may revise these Terms & Conditions from time to time. Revised Terms & Conditions will apply to the use of this Site from the date of the publication of the revised Terms & Conditions on this Site. Please check this page regularly to ensure you are familiar with the current version.

Assignment

We may transfer, sub-contract or otherwise deal with the Company’s rights and/or obligations under these Terms & Conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms & Conditions.

Unenforceable Provisions

If a provision of these Terms & Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire Agreement

These Terms & Conditions, together with the website’s Privacy Notice,, constitute the entire agreement between you in relation to your use of this Site, and supersede all previous agreements in respect of your use of this Site.

Governing Law; Jurisdiction; Venue

These Terms & Conditions will be governed by and construed in accordance with the laws of the state of New York, United States, and any disputes relating to these Terms & Conditions will be subject to the exclusive jurisdiction of the courts of New York County in the state of New York, United States.

Contact Us

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at info@blankstudionyc.com.

 

These Terms & Conditions were last modified on November 30, 2022.