Terms and Conditions
Terms of Conditions
Welcome to US MART NEW YORK. We provide services to you subject to the notices, terms and conditions set forth in this agreement (the "Agreement"). In addition, when you use any www.usmartny.com service (e.g. placing an order or writing a customer review), you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such services, and they are incorporated into this Agreement by this reference. www.usmartny.com reserves the right to change this site and these terms and conditions at any time.
Accessing, browsing, or otherwise using the site indicates your agreement to all the terms and conditions in this agreement. Please read this agreement carefully before proceeding.
Use of Site:
You represent and warrant that you are at least 18 years old or visiting the site under the supervision of a parent or guardian. Subject to the terms and conditions of this Agreement, www.usmartny.com hereby grants you a limited, revocable, non-transferable and non-exclusive license to access and use the site by displaying it on your internet browser only for the purpose of shopping for personal items sold on the site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by www.usmartny.com in advance. Any breach of this Agreement shall result in the immediate revocation of the license granted in this paragraph without notice to you.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse- engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by www.usmartny.com in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by www.usmartny.com in advance. www.usmartny.com reserves the right to refuse service, terminate accounts, and/or cancel orders in its discretion, including, without limitation, if www.usmartny.com believes that customer conduct violates applicable law or is harmful to www.usmartny.com's interests.
You shall not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under P.R.C or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
www.usmartny.com may assign you a password and account identification to enable you to access and use certain portions of this Site. Each time you use a password or identification, you will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and www.usmartny.com has no obligation to investigate the authorization or source of any such access or use of the Site.
You will be solely responsible for all access to and use of this site by anyone using the password and identification originally assigned to you whether or not such access to and use of this site is actually authorized by you, including but without limitation to, all communications and transmissions and all obligations (including, without limitation, financial obligations) incurred through such access or use. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to you. You shall immediately notify www.usmartny.com of any unauthorized use of your password or identification or any other breach or threatened breach of this site's security.
User account
For safety and security, each customer is allowed to create only one registered account by default. For customers who attempt to create several accounts, USMART NY reserves the right to suspend accounts without further notice.
Reviews and Comments
Except as otherwise provided elsewhere in this Agreement or on the site, anything that you submit or post to the site and/or provide www.usmartny.com, including, without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and non proprietary, and by submitting or posting, you agree to irrevocably license the entry and all IP rights related thereto (excluding the moral rights such as authorship right) to www.usmartny.com without charge and www.usmartny.com shall have the royalty-free, worldwide, perpetual, irrevocable, and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become the sole and exclusive property of www.usmartny.com and shall not be returned to you and you agree not to raise any dispute in connection with any use of the entry by www.usmartny.com in the future.
You warrant that your Submissions, in whole or in part, are clear and free of any IP right infringement, disputes or third party claims. www.usmartny.com assumes no liability for any misuse of copyright or any other rights of third parties by you. You undertake to defense for and indemnify the Sponsor against any losses caused due to the use of the entries for any purposes.
In addition to the rights applicable to any Submission, when you post comments or reviews to the site, you also grant www.usmartny.com the right to use the name that you submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that you own or otherwise control all of the rights to the reviews, comments, and other Content that you post on this site and that use of your reviews, comments, or other Content by www.usmartny.com will not infringe upon or violate the rights of any third party. You shall not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead www.usmartny.com or third parties as to the origin of any Submissions or Content. www.usmartny.com may, but shall not be obligated to remove or edit any Submissions (including comments or reviews) for any reason.
Copyright
All text, graphics, photographs or other images, button icons, audio clips, logos, slogans, trade names or word software and other contents on the website of www.usmartny.com (collectively, "Content"), belongs exclusively to www.usmartny.com or its appropriate content suppliers. You may not use, reproduce, copy, modify, transmit, display, publish, sell, license, publicly perform, distribute or commercially exploit any of the Content or otherwise dispose of any of the Content in a way not permitted by www.usmartny.com, without usmartny.com's express prior written consent. The use of data mining, robots, or similar data gathering and extraction tools on usmartny.com as well as the use of usmartny.com trademarks or service marks in meta-tags is strictly prohibited. You may view and use the Content only for your personal information and for shopping and ordering on the site and for no other purpose. The collection, arrangement, and assembly of all content on this site (the "Compilation") belong exclusively to usmartny.com. You may not use usmartny.com's Content or Compilation in any manner that disparages or discredits usmartny.com or in any way that is likely to cause confusion or violation of any applicable laws or regulations. All software used on this Site (the "Software") is the property of www.usmartny.com and/or its Software suppliers. The Content, the Compilation and the Software are all protected under state, national and international copyright laws. All rights not expressly granted are reserved by usmartny.com. Violators will be prosecuted to the full extent of the law.
www.usmartny.com recognizes and respects all copyrights and trademarks. As such, any usage of television, motion picture, music, film festival or other names or titles have no connection to usmartny.com and are the sole property of the copyright or trademark holders. Our clothing is inspired by celebrity style and are our recreations of item's worn by the celebrities on your favorite television shows and the red carpet, however they are not authorized, endorsed by, or connected to these shows in any way and are not meant as infringements of any registered trademarks or copyrights.
Pricing in Different Currencies
Pricing of products sold by www.usmartny.com are based upon figures calculated in U.S. Dollars (US$). Prices displayed in other currencies are converted from U.S. Dollars according to the most up to date conversion rates. Due to fluctuating currency values, prices displayed in non-U.S. denominations of currency on the site, other than on the individual product page, may not be the most current. Areas of the site where non-U.S. denominations of currency might be inaccurate include, but are not limited to, promotional banners, promotional pages, and information on product category pages. The price displayed on an individual product page, regardless of currency denomination, is the current price you are liable to pay to usmartny.com, excluding shipping.
US MART NEW YORK has no knowledge of, and is not responsible for, any additional bank charges or exchange rate fees that are charge by the issuing bank or a third party payment provider. These fees are solely the customers responsibility and will not be reimbursed by US MART NEW YORK.
