Effective Date: November 9, 2022
YOU MUST READ AND AGREE TO THIS MANDATORY TERMS OF USE AGREEMENT BEFORE USING THIS WEBSITE.
Mother Hustler NYC (hereinafter “MHNYC”) provides this website and website-related services (collectively, the “Website”) subject to your compliance with the mandatory terms of use set forth in this agreement (the “Agreement”). This Agreement, and the terms and conditions listed in the Privacy Policy, govern the relationship between MHNYC and you, the Visitor, with respect to your use of the Website. YOUR USE OF THE WEBSITE BINDS YOU TO THESE TERMS OF USE AND THE TERMS AND CONDITIONS CONTAINED IN THE PRIVACY POLICY. If you do not agree to these terms of use, you must not use the Website.
As used in this Agreement, the words “you” and “your” refer to any person accessing the MHNYC Website. The words “we,” “us,” and “our” refer to MHNYC, and may also include our affiliated entities, officers, directors and/or employees.
MHNYC may, at any time and in our sole discretion, revise or update this Agreement by posting an amended Agreement on the Website. Any changes that are made to this Agreement will be effective immediately upon posting. Please check this page periodically for changes to the Agreement. Your use of the Website following the posting of an updated Agreement constitutes acceptance of the last updated Agreement.
Further, MHNYC reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Website (or any part thereof) without notice to you. You agree that MHNYC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or of any Materials (as defined below).
If you have any questions about this Agreement, please contact us at: [email protected].
LICENSE TO USE WEBSITE
MHNYC hereby grants you a limited, non-exclusive license to access the Website subject to and in accordance with the terms of this Agreement. Any violation of the terms of this Agreement is grounds for immediate termination of this limited license.
RETURNS & REFUNDS
Any items that are custom designed will be final sale and non-refundable. However, I always want my customers to be over the moon about their purchases. If for some reason you are unhappy with your items please let me know within 48 hours of receipt and we can discuss options. As our products are perishable food products, all sales are final. We strive to make sure every customer is thrilled with each and every purchase.
We are not responsible for damage or loss as a result of shipments being returned to the freight location or being undeliverable as a result of incorrect address information you supply to us, or for inability of a recipient to receive the package on the day you specify that it should be delivered. To enjoy our products, we urge you to make the necessary arrangements to receive your product when delivered by the carrier.
Please do not return any shipments without making prior arrangements with Mother Hustler NYC’s Customer Service Department. We reserve the right to fully investigate any claims that we believe to be unfounded or fraudulent. All issues will receive our prompt attention.
Refunds can only be credited to the originating credit card.
If anything is unclear or you have more questions feel free to contact our customer support team via our Contact Us Page.
IMPORTANT NOTICES/DISCLAIMER
The Web site may contain typographical errors or inaccuracies, including but not limited to errors or inaccuracies related to price, product information, product description or availability, and may not be complete or current. MHNYC therefore reserves the right to correct any errors, inaccuracies or omissions (including after any order has been submitted, confirmed and/or charged to your credit card) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information.
We have made every effort to display as accurately and reliably as possible the colors, sizes, dimensions, materials, textures, and all other physical aspects (“Depiction”) of the goods that appear on the Website. However, apparel characteristics can vary and we cannot guarantee, and make no warranty, promise, or agreement that any depicted or described product actually comports with its Depiction or description.
Any price quotation, service information or any other such information regarding the provision of and fees for any goods or service offered by MHNYC are provided purely for informational and illustrative purposes. MHNYC does not guarantee, and makes no warranty, promise, or agreement that any depicted or described goods or services are actually offered or comports with its description on the Website. MHNYC reserves the right to cease offering any such services or benefits to prospective or actual customers at any time, in all cases without notice or liability.
AVAILABILITY OF SERVICE
While MHNYC makes reasonable efforts to ensure that the Website is available at all times, MHNYC does not guarantee, represent or warrant that access to the Website will be uninterrupted or error-free, and MHNYC does not guarantee that users will be able to access or use all or any of the Website features at all times.
MHNYC may change, suspend or discontinue any (or all) aspects of the Website at any time, including the availability of any Website feature. MHNYC may also impose limits on the use of or access to certain features or portions of the Website, or restrict your access to any part or all of the Website, in all cases without notice or liability.
ADDITIONAL SERVICES
MHNYC offers Additional Services to users of this website, such as online sales of some of the products contained hereon or the purchase of gift certificates for use on the Website. Such Additional Services are subject to additional Terms and Conditions which must be agreed to before using such Additional Services.
RULES OF CONDUCT
You agree to comply with all applicable laws, rules and regulations in accessing and/or using the Website and/or any Materials and Services. In addition, your use of the Website is conditioned on your compliance with the within rules of conduct as well as all other terms of the Agreement.
You agree not to use the Website for any unlawful or fraudulent purpose, including impersonating any person or entity, including, but not limited to, any MHNYC employee, agent, or representative; or expressing or implying that MHNYC endorses any statement you make. You also may not modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Website, the Materials or the Services. Further, you may not interfere with or disrupt the operation of the Website, the Materials or the Services, including restricting or inhibiting any other person from using the Website, the Materials or the Services by means of hacking, or defacing any portion of the Website. Further, transmitting or otherwise making available in connection with the Website any virus, worm, Trojan horse, rootkit or other harmful code is prohibited. Moreover, you may not interfere with or violate any other Website visitor’s or user’s right to privacy or other rights, or harvest or collect personally identifiable information about Website visitors or users, or about MHNYC employees or other individuals identified on the Website, without their express written consent. You are also proscribed from selling, reselling, transferring, licensing or exploiting for any commercial purposes any use of or access (including sharing of passwords and login information) to the Website, the Materials or the Services. Finally, you may not frame, mirror, in-line link to, or make other similar use of, all or any part of the Website, the Materials, the Services or the Website’s content, including MHNYC’s or any other party’s intellectual property thereon, without our prior express written authorization.
CONTENT SUBMITTED OR MADE AVAILABLE TO MHNYC
MHNYC will not claim ownership of any data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”) you submit or make available for inclusion on the MHNYC Website. However, by agreeing the Terms of Use, you hereby grant MHNYC a worldwide, royalty-free, nonexclusive, unrestricted, sub-licensable, perpetual, irrevocable license to MHNYC to use, distribute, reproduce, modify, adapt, create derivative work from, publish, translate, publicly perform, publicly display the Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any person, without any liability whatsoever. You further expressly permit, license, and assent to MHNYC’s right to register, deposit, or otherwise record any modification or derivative work created by MHNYC from the Content with any foreign or domestic registrations body, including but not limited to the United States Copyright Office and the United States Patent and Trademark Office. You further hereby expressly and irrevocably waive all moral rights in the Content, in favor of MHNYC and any of its successors or assigns.
By submitting any documents, comments, questions, suggestions, plans, notes, drawings, ideas, proposals, or materials similar thereto (“Submissions”) to MHNYC, through its feedback webpage, postings, email message, or in any other manner, you hereby explicitly agree that: (a) your Submissions do not contain confidential or proprietary information; (b) your Submissions automatically become the property of MHNYC without any obligation of MHNYC to you; (c) MHNYC is not under any obligation of confidentiality relating to the Submissions, either express or implied; (d) MHNYC shall be entitled to use or disclose the Submissions in any way, manner, purpose or otherwise, worldwide; (e) MHNYC may have under consideration or development similar ideas to the Submissions; and (f) you are not entitled to any compensation or reimbursement of any kind from MHNYC in exchange for the Submissions.
You agree not to upload, distribute, make available, or otherwise publish through this Website any Content that is unlawful, encouraging of another to commit unlawful activity, violative of the rights of any party, infringing upon the patent, trademark, trade secret, copyright, or other intellectual or proprietary property right of any party, defamatory, libelous, obscene, pornographic, indecent, lewd, invasive of privacy or publicity rights, abusing, threatening, harassing, threatening, or otherwise objectionable.
MHNYC retains the right, but not the obligation, to monitor any activity and Content submitted, posted, uploaded, or otherwise communicated to or by the Website. MHNYC may block, edit, or remove any Content it deems to be violative of this Agreement, or any other Content of Submissions that MHNYC deems, in MHNYC’s sole discretion, to be objectionable or in any way not in furtherance of the goals or purposes of MHNYC or the Website. However, MHNYC takes no responsibility and assumes no liability for any Content posted by you, or any damage caused by another user’s access to such content on the MHNYC site, whether before or after any removal of such Content by MHNYC. MHNYC in no way endorses any Content posted to the Website.
Further, MHNYC may access and use the Website and any information stored thereon, including the contents of any Content of Submissions, for any lawful purpose. Further, we may disclose the contents of any Content or Submissions to any third party, including any law enforcement agency, to protect our rights or property, or for any other reason.
MHNYC’S INTELLECTUAL PROPERTY RIGHTS
The Website and its downloadable and accessible contents, including but not limited to the Materials and the Services, are protected by the copyright laws of the United States and other jurisdictions. You may print and/or download a copy of any part of the Website for your personal, non-commercial use, but you may not copy any part of the Website for any other purpose without the express written consent of MHNYC, and you may not modify any part of the Website for any reason. Inclusion of any part of the Website in another work, whether in printed, electronic or other form, or inclusion of any part of the Website in another website by linking, framing, in-line linking, or otherwise, is strictly prohibited without agreeing to MHNYC’s Terms of Use and obtaining MHNYC’s prior express written authorization.
The trademarks, service marks, logos and any designs used or displayed on the Website specific to MHNYC are trademarks and/or service marks owned by MHNYC. Any use of copyrighted works, trademarks or service marks, including the reproduction, modification, distribution or republication of the same without the prior express written permission of MHNYC is strictly prohibited. Other copyrighted works, trademarks, service marks, trade names and company logos utilized on the Website are the property of their respective owners. All rights reserved. The appearance of any such third party trademarks does not in any way imply any connection, license, approval or other such relationship of any kind with such third party.
The website may also contain samples of MHNYC’s, or its third party licensor’s, programs for informational purposes. These programs cannot be used for any commercial purpose. Moreover, certain technology and programs may be subject to patents or patents pending, and any unauthorized use is strictly prohibited.
MHNYC can be reached by directing communications to: [email protected].
DIGITAL MILLENNIUM COPYRIGHT ACT
If you believe that any Content, Submission, or other material posted on the Website infringes the copyright in your work, please contact our copyright agent, designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following:
- A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
- Identification, with information reasonably sufficient to allow its location of the material that is claimed to be infringing;
- Information reasonably sufficient to permit MHNYC to contact you;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and,
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact MHNYC’s designated DMCA Copyright Agent.