TERMS OF USE

Please read this statement before using otdnyc.com (the “Website”). The Website, which includes our landing page, each of the pages comprising the Website, and all of the information and/or content contained in the Website, is directly and/or indirectly owned and operated by On This Day LLC, a Delaware limited liability company (“OTD,” “our,” “us,” or “we”). By using and/or visiting the Website, you assent to these Terms of Use (the “Terms of Use”) and any and all other applicable OTD operating rules, policies and other supplemental terms, conditions and/or documents that may be published from time to time, including but not limited to our SMS Terms and Conditions (the “SMS Terms and Conditions”) and our Privacy Policy (the “Privacy Policy”), all of which are expressly incorporated into these Terms of Use by this reference. If you do not accept these Terms of Use without limitation and/or qualification, please do not use and/or access the Website. 

Use of the Website constitutes your acceptance of these Terms of Use without limitation and/or qualification. OTD may amend, revise and/or amend and restate these Terms of Use from time to time in its sole discretion and without prior notification, and you acknowledge that there is no consequence and/or liability to OTD in making any such changes. If OTD makes changes to these Terms of Use, it will post them here. If you use the Website after changes are posted, it means that you have agreed to the Terms of Use as changed. 

Your use and access of the Website may be monitored by OTD and we reserve the right, at any time and from time to time, to terminate and/or restrict your use and/or access to the Website. If you are accessing this Website as a representative of an organization, you expressly represent and warrant that these Terms of Use bind you and your organization. The references to “you” and “your” shall be construed to apply to you individually and your organization.

For international Website users: this Website is hosted in the United States and is intended for and directed to users in the United States. This Website may be accessed from countries outside the United States. This Website may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States.

 Intellectual Property Rights

You acknowledge that all content available through the Website (the “Content”), including without limitation, all text, images, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code, and any Content provided by third parties is and/or may be protected by trade dress, copyright, trademark, patent, and/or various other intellectual and other proprietary rights and laws (the “Intellectual Property Rights”). Except as otherwise expressly authorized by OTD in writing in each instance, which authorization may be withheld, delayed and/or conditioned in the sole, absolute and unfettered discretion of OTD, you expressly understand, acknowledge and agree that the Content may not be copied, reproduced, transmitted, displayed, performed, distributed, rented, sublicensed, altered, stored for subsequent use, or otherwise used, in whole or in part, in any manner whatsoever (and regardless if any such activity and/or enterprise is pursued for gain, profit or other pecuniary advantage), except to the extent that such use is expressly authorized under United States copyright and other relevant laws.  Neither we nor our affiliates represent or warrant that your use of materials displayed on, or obtained through, this Website will not infringe the rights of third parties.

Without limiting the generality of the foregoing, nothing contained in these Terms of Use shall be construed as conferring any license or right (by implication, by estoppel or otherwise) to any of the Intellectual Property Rights of OTD or to any third party’s Intellectual Property Rights, except as expressly and intentionally authorized by these Terms of Use. Any and all rights and/or privileges not expressly provided to you under these Terms of Use are expressly reserved, without limitation and/or qualification, to OTD.

Use of the Website

The use of the Website is for your personal use only and may not be used for any commercial purposes whatsoever. Moreover, and without limiting the generality of the foregoing, your permission to use the Website is expressly conditioned on the agreement that you shall not, directly and/or indirectly, and/or otherwise in concert with others: (i) use the Website or any Content in a manner that is inconsistent with applicable law and/or infringes on the Intellectual Property Rights of the OTD and/or any other third party; (ii) ) use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction (if any) being conducted on the Website, or with the use of the Website by any other party; (iii) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or the systems or networks, of OTD (and/or its affiliates) or any systems or networks connected to the Website or to OTD (and/or its affiliates); (iv) use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website; (v) attempt to gain unauthorized access to any portion or feature of the Website or any other systems or networks connected to the Website or to any OTD server by hacking, password “mining” or any other illegitimate means; (vi) probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website; (vii) reverse look-up, trace or seek to trace any information on any other user of or visitor to the Website, to its source, or exploit the Website or any products or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, (viii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to OTD on or through the Website; (ix) pretend that you are, or that you represent, someone else, or impersonate any other individual or entity; and/or (x) use the Website or any content for any purpose that is unlawful or otherwise prohibited by these Terms of Use or to solicit the performance of any illegal activity or other activity which infringes the rights of OTD or others.

Eligibility for Site Registration and Account Security 

You may browse the Website without registering for an account; however, you may be required to register for an account to use certain features of the Website. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. Your account username and password are personal to you and you agree to keep any and all account information current, complete, accurate and truthful. You will be responsible for the confidentiality and use of your username and password, and for all activities (including purchases) that are conducted through your account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user’s account without that user’s permission. You agree to immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Website for any reason. 

The Website has security measures in place to protect against misuse, unauthorized use and alteration of the information under our control. To the maximum extent permitted by applicable law, OTD shall not be responsible for any harm, loss, damage, liability, cost or expense (including attorneys’ fees) that you or any third party may suffer as the result of a breach of confidentiality with respect to information you transmitted to this Website.

Purchasing Products Through the Website; Errors and Inaccuracies

We attempt to describe the products available on the Website as accurately as possible. However, please be advised that we do not represents and/or warrant that product descriptions are accurate, complete, reliable, current or error-free or that the actual look, feel and/or color of the product that you receive is what you expected. 

Your placement of an order through the Website does not necessarily assure that we will accept your order. We may require additional information regarding your order if you have not provided all of the information required by us to complete it.

Except as otherwise expressly agreed to in writing in advance by OTD, the Website does not accept orders from dealers, wholesalers or other customers who intend to resell items offered on the Website. Moreover, and without limiting the generality of the foregoing, we reserve the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products or services to be provided, if we believe, in our sole discretion, fulfillment will result in the violation of these Terms of Use. 

Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We intend to make every effort to insure the accuracy of the Content of the Website, and when errors are discovered, we will correct them. You are advised that we reserve the right to revoke any stated offer, to correct any errors, inaccuracies or omissions, or to cancel your order, even after an order has been submitted, or after it has been confirmed or after your credit card has been charged. If we discover an error after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded for the full amount of your order.

Orders will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the restrictions contained on the Website. All purchases from v Website are made pursuant to the terms and conditions found on this Website, including, without limitation, these Terms of Use, our SMS Terms and Conditions, and our Privacy Policy. 

Risk of loss and title for items purchased from this Website pass to the purchaser upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

Subject to the foregoing, the prices displayed are quoted in U.S. dollars and are effective only for United States purchases. Purchases are subject to applicable taxes to be paid by the purchaser, and do not include shipping and handling. Purchase requests to addresses outside the United States cannot be filled.

Suggestions, Recommendations or Other Feedback 

Notwithstanding anything in these Terms of Use to the contrary, to the extent that you, for any reason whatsoever, contact OTD through any and all existing and/or future channels of communication to provide any suggestions, recommendations or other feedback (each, a “Contribution”) with respect to our products and/or service for any matter whatsoever, you expressly understand and agrees  that (i) OTD is not under any obligation of confidentiality with respect to said Contributions; (ii) OTD may use or disclose (or choose not to use or disclose) said Contributions for any purpose and in any way; (iii) OTD shall be deemed to be the owner of said Contributions; and (iv) you are not entitled to any compensation or reimbursement of any kind from OTD under any circumstances for said Contributions. If OTD is not deemed to be the sole and exclusive owner of said Contributions, then to the maximum extent permitted by applicable law, you hereby grant to OTD an irrevocable, royalty-free, worldwide, transferable, sub-licensable and perpetual license to use or incorporate said Contributions into any products and/or services that OTD offers and/or may offer and/or any other Intellectual Property Rights of OTD.

Inappropriate Material

You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that we may have at law or in equity, if we reasonably determine that you have violated or are likely to violate the foregoing prohibitions, we may take any action we reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from this Website of the related materials. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

Linking to this Website

Creating or maintaining any link from another website to any page on this Website without the prior written permission of OTD is prohibited. Running or displaying this Website or any material displayed on this Website in frames or through similar means on another website without the prior written permission of OTD is prohibited. Any permitted links to this Website must comply with these Terms of Use as well as all applicable laws, rule and regulations. OTD has not reviewed all of the sites linked to this Website and is not responsible for the privacy practices or the content of any off-website pages or any other websites linked to this Website, whether or not they are affiliated with OTD. That another website is linked to this Website does not constitute endorsement by rag & bone of the owner of the other site, the content of its site, or its products or services. 

Links to Other Sites

 The Website may provide links to other sites and/or resources, including advertisers, over which the Company has no control. These links are provided solely as a convenience to you and should not be construed as an endorsement by the Company of content, items, or services on such websites. Your access to and use such other websites, including the use of content, items or services on those sites, is solely at your own risk. The Company makes no representations or warranties with respect to the content, ownership or legality of any linked websites and you acknowledge that the Company has no responsibility or liability whatsoever for the availability of such other sites or resources, or for any content, advertising, items or other materials available through such other websites or resources. You understand that once you leave the Website  via a link to another website, you will be subject to the terms of use and privacy policy of such other website.

DISCLAIMERS:

INFORMATION DISCLAIME 

            THE COMPANY DOES NOT REPRESENT OR WARRANT THE ACCURACY AND COMPLETENESS OF ANY INFORMATION PROVIDED ON THIS WEBSITE. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE COMPANY AND ITS AGENTS HAVE NO RESPONSIBILITY WHATSOEVER FOR ANY CONSEQUENCE TO YOU THAT MAY ARISE FROM AND/OR RELATE TO, DIRECTLY OR INDIRECTLY, ANY ACTION YOU TAKE OR REFRAIN FROM TAKING BASED ON THE CONTENT, INFORMATION, SERVICES OR OTHER MATERIAL ON THIS WEBSITE. WHILE THE COMPANY STRIVES TO KEEP THE CONTENT ON THIS WEBSITE ACCURATE, COMPLETE AND UP-TO-DATE, THE COMPANY DOES NOT GUARANTEE, AND IS NOT RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE CONTENT ON THIS WEBSITE. 

DISCLAIMER OF WARRANTIES WITH RESPECT TO USE OF THIS WEBSITE

            WE PROVIDE THE WEBSITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE." WE TRY TO KEEP THE WEBSITE UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE WEBSITE WILL ALWAYS BE SAFE, SECURE, OR ERROR-FREE, OR THAT THE WEBSITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. 

            MOREOVER, YOU UNDERSTAND AND ACKNOWLEDGE THAT ANY CONTENT, MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR NETWORK OR FOR ANY LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA.

            NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE WEBSITE SHALL CREATE ANY IMPLIED WARRANTY. 

LIMITATION OF LIABILITY

            IN NO EVENT WILL THE COMPANY, OUR SUPPLIERS, ADVERTISERS AND/OR PARTNERS BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE WEBSITE TO CONFORM TO ANY APPLIABLE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED PRODUCTS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE WEBSITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST THREE MONTHS. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. OUR LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS' FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST THREE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS' FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.

Waiver

The failure of the Company to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by the Company of any provision or any right it has to enforce any provision of these Terms of Use nor shall any course of conduct between the Company and you or any other party be deemed to modify any provision of these Terms of Use.

Indemnification

You agree to indemnify, defend and hold the Company, its managers, members, officers, employees, agents, co-branders, suppliers, subsidiaries, parents, and affiliates, harmless from and against any and all liability, losses, claims, demands, disputes, damages and costs of any kind, including without limitation, reasonable attorneys’ fees and costs of litigation arising from, related to and resulting from or in any way connected with (i) your use of the Website; (ii) information you submit or transmit through the Website; (iii) your breach of these Terms of Use; (iv) the violation by you of the rights (including, but not limited to Intellectual Property Rights) of any third party and/or (iv) your connection to the Website. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses. 

Applicable Law And Venue

These Terms of Use and the resolution of any dispute related to them, the Website, its Content or products or services that are available through the Website shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. Any legal action or proceeding involving you related to these Term of Use must be brought exclusively in a federal or state court of competent jurisdiction sitting in New York and you agree to submit to the personal and exclusive jurisdiction of such courts and further agree to waive any right to dismiss or transfer the action or proceeding based on improper venue or forum non conveniens.

Entire Agreement; Severability

These Terms of Use constitute the entire agreement between you and the Company with regard to your use of and/or access to the Website, and any and all other written or oral agreements or understandings previously existing between you and the Company with respect to such use are hereby superseded and cancelled. The Company will not accept any counter-offers to these Terms of Use and all such offers are hereby categorically rejected.

It is our belief that these Terms of Use do not contain any provision contrary to law. However, if any part of these Terms of Use is determined to be illegal, invalid, or unenforceable, you agree that: (i) that part shall nevertheless be enforced to the extent permissible in order to effect the intent of these Terms of Use, and (ii) the remaining parts shall be deemed valid and enforceable.

No Third Party Beneficiaries

Nothing in these Terms of Use shall be interpreted or shall be construed to confer any rights or remedies on any third parties.

Copyright Notice 

All Content included on the Website, including the web site design, software, text, graphics and images is the property of the Company and its affiliated companies or its content suppliers and is protected by the copyright laws of the United States and internationally.  The images used on this site are the property of their respective copyright owners and are used by the Company pursuant to express authorization from the copyright owners or their agents.  The content, images and software on this site may be used as a shopping resource or information for use of the Company products.  Any other use, including, the reproduction, modification, distribution, transmission, republication or display, of the content, images and software on this site is strictly prohibited.

Trademarks

The trademarks of the Company (the “Trademarks”) may and/or are registered in the United States.  None of the Trademarks may be used without, in each instance, the prior written consent of the Company and/or the owners thereof.

California Rights; Right to opt-out

You have the right under the California Consumer Privacy Act of 2018 (CCPA) to opt-out of the sale of your personal information. If you exercise your right to opt-out of the sale of your personal information, we will refrain from selling your personal information, unless you subsequently provide express authorization for the sale of your personal information. For more information on what personal data we collect and your rights under the CCPA, please read our Privacy Policy.

California Transparency in Supply Chains Act of 2010

OTD has built its brand around the consistent production of high-quality products, and is committed to supporting and improving labor rights and working conditions across the retail and apparel industries. As a business, we have a moral responsibility to protect and care for the people who create and bring our products to our customers. OTD supports the California Transparency in Supply Chains Act of 2010, and requires all of its suppliers to prohibit the hiring of slave labor and prevent practices that could contribute to human trafficking.

Notice and Procedure For Making Claims Of Copyright Infringement

OTD respects the intellectual property of others. Pursuant to the Digital Millennium Copyright Act (“DMCA”), OTD has designated an agent (the “Copyright Agent”) to receive notices of claimed copyright infringement. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide the Copyright Agent the written information specified below: 

            1.         An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright                         interest;

            2.         A description of the copyrighted work that you claim has been infringed upon;

            3.         A description where the material that you claim is infringing is located on the site;

            4.         Your address, telephone number, and email address;

            5.         A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

            6.         A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

            OTD’s Copyright Agent for notice of claims of copyright infringement on this Website can be reached as follows: help@onthisdaynyc.com

            Upon receipt of the written notification containing the information as outlined in 1 through 6 above, the Company will review the written notification with it legal counsel and will take such action as it, in the exercise of its sole discretion, deems appropriate which may include, but may not be limited to: (i) removing or disabling access to the material that is alleged to be infringing; (ii) forwarding the notification to such alleged infringer (“Subscriber”); or (iii) notify the Subscriber that it has removed or disabled access to the material.

Electronic Communications

The information communicated on this Website constitutes an electronic communication. When you communicate with the Company through this Website or via other forms of electronic media, such as e-mail, you are communicating with the Company electronically. You acknowledge that the Company may communicate with you electronically and that any such communication, as well as, any notices, disclosures, agreements or other communications that the Company provides to you electronically, are equivalent to communications between you and the Company in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

CONTACT US

If you have any questions with respect to the Company’s Terms of USe, this Site or any of the Company’s products, you may contact the Company by telephone or email.

            The Company’s address and contact information is:

            176 Grand St 4^th Floor

            New York, NY 10013

            help@onthisdaynyc.com

I HAVE READ THESE TERMS AND ANY USE BY ME OF THIS SITE SHALL CREATE A CONCLUSIVE PRESUMPTION OF MY LEGALLY BINDING AGREEMENT TO ABIDE BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE.

Privacy Policy

IMPORTANT. PLEASE READ CAREFULLY.

Welcome to www.otdnyc.com (this “Website”)(which includes our landing page, each of the pages comprising the Website and all of the information and/or content contained in the Website). This Website is directly and/or indirectly owned and controlled by On This Day, LLC, a Delaware limited liability company (the “Company” and sometimes referred to herein as “we”, “our” and/or “us”) and/or its affiliates. This written privacy policy (the “Privacy Policy”) will tell you about our practices regarding the collection, use, and disclosure of information that you may provide to us through your use of this Website. Please be sure to read this Privacy Policy in its entirety before using or submitting information to this Website. If you are not willing to use this Website pursuant to our Privacy Policy, without qualification and/or limitation, then we ask that you do not use the Website for any purpose.

The servers that make the Website available and that store the information that is collected on or through the Website are located in the United States. This Website is intended for users who are located in the United States and is hosted and operated in the United States, pursuant to United States law. By providing Personally Identifiable Information (as defined below) through the use of the Website, you understand and consent to the collection, maintenance, processing and transfer of such information in and to the United States and other countries and territories.

PRIVACY

We want you to know that your privacy is important to us, and we want to make you feel as comfortable as possible when using this Website. This Privacy Policy is applicable to all of the information collected by us from you during your use of the Website and is part of our Terms of Use which sets forth the terms and conditions pursuant to which the we will allow you to access and use this Website as well as purchase any items through this Website. We are providing this Privacy Policy to you to explain our online information practices and the way that we may collect, use and disclose information about you.

COLLECTION OF AND USE OF INFORMATION

When we use the term “Personally Identifiable Information” in this Privacy Policy, we mean any information that can be used to identify a specific individual, such as a name, address, telephone number and/or email address. When we use the term “Non-Personally Identifiable Information” in this Privacy Policy, we mean information that does not allow us to identify a specific individual, such as demographic information, areas visited on the Website or what type of computer and/or mobile device was used to access the Website. Personally Identifiable Information does not include information that has been irreversibly anonymized or aggregated so that it can no longer enable us, whether in combination with other information or otherwise, to identify you

We collect Personally Identifiable Information about individuals when such information is specifically provided by such individuals (a “User”) through their use of the Website. For example, if you register with the Website, you may be asked to provide personal information such as your name, mailing address, e-mail address, date of birth, gender, phone number and/or billing/credit card information. By registering with this Website you may be allowed to participate in various activities on this Website, such as ordering products, responding to surveys and/or subscribing to e-newsletters or other mailing lists.

Without limiting the generality of the foregoing, we may also collect different kinds of personal information from or about you such as:

●         Information about how you interact with the Website: When you visit our Website, we may collect information about the type of device you use, your device’s unique identifier, the IP address of your device, your operating system, the type of Internet browser that you use, usage information, diagnostic information, browsing information, and location information from or about the computers, phones, or other devices through which you access our products or services.  We may gather some of this information automatically.  Where available, our services may use GPS, your IP address, and other technologies to determine a device’s approximate location to allow us to improve our products and services; and
                ●          Information from third parties We may collect information from third parties, including business and marketing partners.  This includes your contact information from marketing partners when we engage in joint marketing or co-branding activities, your IP address or location information from service providers to offer certain products and services relevant to your location, and data from your social networks to authenticate your product use with us, or that you grant permission to our products or services to access. 

Without limiting the generality of the foregoing, we may use your Personally Identifiable Information for the following purposes:

• to use it for the purposes for which it was provided to us by you;
• to contact you with information which we believe that you may find beneficial and/or interesting;
• to send you promotions and/or newsletters;
• to administer sweepstakes and contests; 
• to process and respond to your inquiries;
• to enhance and/or develop the display of customized content and advertising on this Website; 
• to effectively administer and operate this Website;
• to operate, evaluate and improve our business (including developing new products; managing our communications; analyzing our products; performing data analytics; and performing accounting, auditing and other internal functions);
• to comply with any and all laws applicable to us;
• to respond to governmental inquiries or requests made upon us;
• to comply with valid legal process imposed upon us;
• to protect the rights, privacy, safety or property of the Company and the general public; 
• to permit us to pursue available remedies or limit the damages that we may sustain; and/or 
• to enforce our Terms of Use. 

DISCLOSURE OF INFORMATION

Except as described in this Privacy Policy, we do not intentionally share any Personally Identifiable Information with any unaffiliated third parties without your consent. You are advised, however, that we may disclose your Personally Identifiable Information to third parties, located in the United States and/or any other country, but only:

1. to contractors we use to support our business (e.g., fulfillment services, customer service, technical support, delivery services, web hosting, marketing services and financial institutions), in which case we will require such third parties to agree to treat your Personally Identifiable Information in accordance with this Privacy Policy; 
2. in connection with the sale, assignment or other transfer of the business of this Website to which the information relates, in which case we will require any such buyer to agree to treat it in accordance with this Privacy Policy; or
3. where required by applicable laws, court orders or government regulations.

Finally, we  may disclose Personally Identifiable Information in the following special cases: (1) when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to us or others; (2) when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be interfering with (either intentionally or unintentionally) with the rights of the Company; (3) when we believe in good faith that the law requires it; (4) to any third party who may acquire the Company; and (5) in situations involving threats to the physical safety of any person.

We will make full use of all Non-Personally Identifiable Information acquired through this Website in such manner as we deem appropriate.

INFORMATION-SHARING DISCLOSURE REQUEST

You may request a “Notice of Information Sharing Disclosure” which will identify our affiliated third parties with whom we have shared the Personally Identifiable Information we have collected from you. You may request the Notice of Information Sharing Disclosure by writing to us On This Day LLC, 176 Grand St 4^th Floor, New York, NY 10013. You may also send us your Notice of Information Sharing Disclosure request via e-mail at help@onthisdaynyc.com. We will use our commercially reasonable efforts to respond to your request for a Notice of Information Sharing Disclosure within thirty (30) days after receipt of a request therefor.

HOW YOU CAN REVIEW OR CORRECT YOUR PERSONAL INFORMATION

You can contact us by telephone at help@onthisdaynyc.com to learn if we are keeping Personally Identifiable Information about you. If we have Personally Identifiable Information about you, we will provide you with a readable copy of such Personally Identifiable Information at no charge. You can also unsubscribe from receiving marketing communications by clicking on the unsubscribe link in any email marketing communication found at the bottom of each email. Factual errors in your Personally Identifiable Information, including information that is out of date, can be corrected by sending us a request that sufficiently details how your Personal Identifiable Information should be corrected. We encourage you to promptly update your Personal Identifiable Information with us if it changes.

OPT-OUT PROCEDURES

You may always opt out of receiving marketing communications from us. To remove any Personally Identifiable Information from our database or to elect not to receive future e-mail communications from the Company, send an e-mail to help@onthisdaynyc.com with the word “remove” in the subject line. Further, if you do not want your Personally Identifiable Information shared with third parties in the manner described in the Disclosure of Information section, please notify us by e-mail at help@onthisdaynyc.com.

SECURITY OF INFORMATION

You can be assured that Personally Identifiable Information collected through this Website is secure and is maintained in a manner consistent with current industry standards. In order to most efficiently serve you, credit card transactions and order fulfillment may be handled by established third-party banking, processing agents and distribution institutions. They receive the information needed to verify and authorize your credit card or other payment information and to process and ship your order. Unfortunately, no data transmission over the internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personally Identifiable Information and make you feel as comfortable as possible when using this Website, you acknowledge that: (a) there are security and privacy limitations of the internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this Website cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party. We may post a notice on this Website if a security breach occurs. 

PASSIVE AND NON-PERSONALLY IDENTIFIABLE INFORMATION COLLECTION

As you navigate through any website, certain information can be passively collected (that is, gathered without your actively providing the information) using various technologies and means, such as Internet Protocol addresses, cookies, Internet tags, and navigational data collection. 

This Website may use Internet Protocol (IP) addresses. An IP Address is a number assigned to your computer by your internet service provider so you can access the internet and is generally considered to be Non-Personally Identifiable Information because in most cases an IP address is dynamic (changing each time you connect to the internet), rather than static (unique to a particular user’s computer). We may use your IP address to diagnose problems with our server, report aggregate information, determine the fastest route for your computer to use in connecting to our site and administer and improve services to our consumers. 

A “cookie” is a bit of information that a website sends to your web browser that helps the website remember information about you and your preferences. This Website may use cookies. 

“Session” cookies are temporary bits of information that are erased once you exit your web browser window or otherwise turn your computer off. Session cookies are used to improve navigation on websites and to collect aggregate statistical information. This Website may use session cookies. 

“Persistent” cookies are more permanent bits of information that are placed on the hard drive of your computer and stay there unless you delete the cookie. Persistent cookies store information on your computer for a number of purposes, such as retrieving certain information you have previously provided (e.g., username), helping to determine what areas of the website visitors find most valuable and customizing the website based on your preferences. This Website may use persistent cookies.

“Internet tags” (also known as single-pixel GIFs, clear GIFs, invisible GIFs, and 1-by-1 GIFs) are smaller than cookies and tell the web site server information such as the IP address and browser type related to the visitor's computer. This Website may use internet tags.

“Navigational data” (“log files,” “server logs,” and “clickstream” data) and “internet tags” are used for system management, to improve the content of the site, market research purposes and to communicate information to visitors. This Website may use navigational data.

We may also use other automated technologies to collect and analyze certain types of information we consider to be Non-Personally Identifiable Information including, but not limited to: (i) information related to the computers and/or mobile devices you use to access or interact with the Website (such information including, but not limited to, IP addresses, geolocation information, unique device identifiers and other information about your computers and/or mobile device(s), browser types and browser language); and (ii) information related to the ways in which you interact with this Website (such information including, but not limited to, referring and exit pages and URLs, platform type, the number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time you viewed this Website and other similar information). We may also capture other data, such as search criteria and results.

Please be advised that since Non-Personally Identifiable Information collected in connection with your use of this Website does not personally identify you, we may use the Non-Personally Identifiable Information for any purpose whatsoever, and we may share such Non-Personally Identifiable Information with third parties for any purpose whatsoever and without limitation. 

DO NOT TRACK

Some browsers may give you the ability to enable “Do Not Track” functionality.  We do not process or respond to “Do Not Track” signals. 

LINKS

This Website may contain links to the websites of third parties not affiliated with us. We are not responsible for the privacy practices or the content on any of these other websites, including any websites that may indicate a special relationship or “partnership” with us. We do not disclose unique identifiers to those responsible for the linked sites. The linked sites, however, may collect personal information from you when you link to their website. This collecting of information is not subject to our control. To ensure protection of your privacy, always review the privacy policies of the websites you visit by linking from this Website.

OUR COMMITMENT TO CHILDREN’S PRIVACY 

This Website is a general audience website and is not intended for use by children. We will never knowingly request Personally Identifiable Information from anyone under the age of 18 without prior verifiable parental consent when legally required. If you are under the age of 18 you should not provide any Personally Identifiable Information to us and you should use this Website only with the involvement of a parent or guardian. If you are a parent or guardian of a child under the age of 18 and suspect he/she has provided Personally Identifiable Information on or through this Website, please contact us as set forth below. If we become aware that a customer is under the age of 18 and has registered without the legally required prior verifiable parental consent, we will remove his or her personally identifiable registration information from our files.

CHANGES TO THIS PRIVACY POLICY

We may make changes to this Privacy Policy, with or without notice to you, and all such changes shall be effective immediately upon posting on this Website. If you do not accept the changed version (for example, if you do not approve of a different way that we intend to use Personally Identifiable Information) you may let us know in writing by letter and/or e-mail. If you do not respond with any written objections, you will be deemed to have consented to changes in the Privacy Policy. However, please note that any such changes will not apply retroactively to Personally Identifiable Information that was collected before any such change, except as may be required by law.

CALIFORNIA RESIDENTS 

If you are a resident of the State of California, you may request a list of all third parties to which we have disclosed certain information during the preceding year for the third parties' direct marketing purposes. If you are a California resident and would like to make such request, please submit your request in writing to us using the contact information provided herein. If you are a California resident under the age of 18, and have a registered account with the Website, you have the right to request removal of unwanted data that you publicly post on the Website. To request removal of such data, please contact us using the contact information provided herein and include the e-mail address associated with your account and a statement that you reside in California.  Please be aware that such a request does not ensure complete or comprehensive removal of the content or information you posted and there may be circumstances in which the law does not require or allow removal. 

VISITORS TO THE SITE FROM OUTSIDE THE UNITED STATES

If you are visiting this Website from a location outside of the United States, your connection will be through servers located in the United States. All information you receive from this Website will be created on servers located in the United States, and all information you provide will be maintained on web servers and systems located within the United States. The data protection laws in the United States and other countries might not be as those in your country. By using this Website and/or submitting information to us, you specifically consent to the transfer of your information to the United States to the facilities and servers we use, and to those with whom we may share your information. 

APPLICABLE LAW 

This Website is created and controlled by the Company in the State of New York, USA.  As such, the laws of the State of New York will govern these notices, terms, and conditions, without giving effect to any principles of conflicts of laws.  The above-stated notices, terms, and conditions are subject to change in the sole and absolute discretion of the Company. 

 CONTACT US

The Company’s address and contact information is:

176 Grand St, 4^th Floor

New York, NY 10013

OTHER TERMS

Your use of this site is subject to our Terms