Effective as of November 18, 2020
NYC Vintage Map is an inventory of vintage, resale, thrift stores, and flea markets in the New York City area. It’s purpose is to help people find and visit stores in this area. The service is available as a website and mobile apps for iPhone and Android.
Headings for each section have been included for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede.
By accessing and using the Service, you state your agreement to be legally bound by the following Terms. If you do not agree to these Terms, you must not access or use the Service.
Subject to and in consideration of your agreement with and compliance to these Terms, Gem hereby grants you a revocable, non-exclusive, non-assignable, non-transferable, non-sublicenseable license (“License”) to access and use the Service. We reserve the right to revoke your License if you violate these Terms or for any other reason with or without notice to you.
In regards to your use of our downloadable mobile application (our “App”), your License is restricted to the App solely being used on either (1) any iOS-enabled mobile device that you own or control, or (2) any Android-enabled mobile device that you own or control. With respect to any App accessed through or downloaded from the Apple App Store, Google Play, or any similar store or marketplace (each, an “App Store” and references to an App Store include the corporate entity and its subsidiaries making such App Store available to you), you agree to comply with all applicable third party terms of the relevant App Store (e.g. Apple App Store’s “Usage Rules”).
With hundreds of stores in the area, there will always be some missing stores and incorrect information. We don’t take any responsibility for losses due to incorrect or missing information in the Service. If you notice incorrect or missing information, and want it to be updated in the Service, please inform us by email.
The Service contains links to third party websites that are not owned or controlled by Gem. Gem has no control over, and assumes no responsibility for, the content, business practices, privacy policies, or privacy practices of third-party websites. We encourage you to review the privacy policies of third party websites linked from our website and mobile application.
The Service provides a map, but it is not meant for navigation or directions purposes. If you are driving or biking, please use other map services built for navigation.
You may voluntarily or by invitation submit feedback to us. By submitting information, corrections, comments, ideas, feedback or other content (collectively, “User Submissions”) to us, you grant Gem a non-exclusive, worldwide, royalty free, gratis, perpetual, irrevocable, sublicenseable, transferable right to use User Submissions in any manner and on any medium or platform. User Submissions are deemed to be non-confidential.
All intellectual property rights in the company names, trade names, logos, service marks, trade dress, and designs of NYC Vintage Map appearing on the Service, whether or not appearing with a trademark symbol (“Intellectual Property”), belong exclusively to Gem or their respective owners, and are protected from reproduction, imitation, dilution, or confusing, misleading or infringing uses under national and international trademark and copyright laws. The use of such Intellectual Property in a manner violating national and international trademark and copyright laws is expressly prohibited, and nothing stated or implied on the Service confers to you any license or right not expressly granted in these Terms.
The Service, which includes its corresponding software, is provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, accuracy or completeness of content, non-infringement, the availability or quality of any services available via the Service, or that access to or use of the Service will be uninterrupted or error free. Without limiting the generality of the foregoing, Gem makes no representations or warranties regarding the accuracy of information displayed anywhere on the Service.
Under no circumstances will Gem or its affiliates, officers, directors, employees or representatives be liable for any indirect, incidental, consequential, punitive or exemplary damages arising out of, in connection with or resulting from these Terms or the Service, whether based in contract, tort or otherwise. Gem’s liability to you or any third party in any circumstance is limited to one hundred U.S. Dollars ($100.00). Regarding transactions made between you and third party websites linked from the Service, under no circumstances will Gem or its affiliates, officers, directors, employees or representatives be liable for any indirect, incidental, consequential, punitive or exemplary damages, arising out of, in connection with your use of the Service.
You agree to indemnify and hold Gem, affiliates, officers and employees, harmless from any claim or demand (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) made by any third party due to or arising out of your access to and/or use of the Service, your violation of these Terms, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
Gem reserves the right to modify, discontinue, terminate or suspend any and all access to and use of the Service without prior notice. This Agreement shall remain in full force and effect while you use any part of the Service.
This Agreement shall be governed by and construed in accordance with the laws of the state of New York without regard to the conflict of laws provisions thereof. You agree to submit to the personal and exclusive jurisdiction of the courts located within New York City, in the state of New York, United States.
The following additional terms and conditions apply to you if you are using the NYC Vintage Map service on an App from an App Store, as defined above.
Acknowledgement. Gem and you acknowledge that these Terms are concluded between Gem and you only, and not with any App Store. Gem, not the App Store, is solely responsible for the App and the content thereof. To the extent these Terms provide for usage rules for the App that are in conflict with the application store terms of service, the more restrictive App Store terms of service or Usage Terms shall apply, as applicable.
Scope of License. As defined above in these Terms, the License granted to you for the App is limited to a non-transferable license to use App on either an iOS or Android device that you own or control and as permitted by the Usage Rules.
Maintenance and Support. Gem is solely responsible for providing any maintenance and support services (if any) with respect to the App, as specified in these Terms, or as required under applicable law. Gem and you acknowledge that the App Store has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Warranty. Gem, and not the App Store, is responsible for product warranties, whether express or implied by law, as described in these Terms. If the App fails to conform to any applicable warranty, you may notify the App Store, and the App Store, where applicable, may refund the purchase price of the App to you; and to the maximum extent permitted by applicable law, the App Store will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Gem’s responsibility.
Product Claims. Gem and you acknowledge that the App Store is not responsible for addressing any of your or any third party’s claims relating to the App or your possession or use of the App, including, but not limited to: (1) product liability claims; (2) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. These Terms do not limit Gem’s liability to you beyond what is required under applicable law.
Intellectual Property Rights. Gem and you acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, the App Store will not be responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
Legal Compliance. You represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
Third Party Terms of Agreement. You must comply with applicable third party terms of agreement when using the App, if any.
Third Party Beneficiary. You agree that the App Store (and its subsidiaries) is a third party beneficiary of these Terms and will have the right to enforce these Terms.
Developer Name and Address. Gem’s contact information for any questions, complaints, or claims with respect to the App is set forth below:
Gem Search, LLC
PO Box 20079
New York, NY 10011, USA
+1 415 802-3230
Entire Agreement. You and Gem agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.
Validity. Gem’s failure to exercise any provision or assert any right in these Terms shall not be deemed to be a waiver of any other provision or right in these Terms. The invalidity of any provision in these Terms, as determined by a court of competent jurisdiction, shall not affect the validity of any other provision in these Terms.
No Assignment; No Agency. This Agreement is not assignable, transferable or sublicensable by you except with Gem’s prior written consent. Gem may transfer, assign or delegate this Agreement and its rights and obligations without consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Gem in any respect whatsoever.
Continued Validity. If and when these these Terms are no longer applicable to you because you no longer use the Service, or because the Service is suspended or terminated, the customary provisions of these Terms that survive such events shall continue to be binding on you, including, without limitation, limitation of liability, warranty disclaimers, and disclaimer of liability for third party websites.