Last updated: June 13, 2023
Please read these terms and conditionscarefully before using Our Service.
Thewords of which the initial letter is capitalized have meanings defined under thefollowing conditions. The following definitions shall have the same meaningregardless of whether they appear in singular or in plural
Forthe purposes of these Terms and Conditions
Affiliate means an entity that controls,is controlled by or is under common control with a party, where"control" means ownership of 50% or more of the shares, equityinterest or other securities entitled to vote for election of directors orother managing authority.
Country refers to: New York, UnitedStates
Company (referred to as either "theCompany", "We", "Us" or "Our" in thisAgreement) refers to Top Spots NYC.
Device means any device that can accessthe Service such as a computer, a cellphone or a digital tablet.
Service refers to the Website.
Terms and Conditions (also referred as"Terms") mean these Terms and Conditions that form the entireagreement between You and the Company regarding the use of the Service. ThisTerms and Conditions agreement has been created with the help of the TermsFeedTerms and Conditions Generator.
Third-party Social Media Service meansany services or content (including data, information, products or services)provided by a third-party that may be displayed, included or made available bythe Service.
Website refers to Top Spots NYC,accessible from https://www.topspotsnyc.com/
You means the individual accessing orusing the Service, or the company, or other legal entity on behalf of whichsuch individual is accessing or using the Service, as applicable.
These are the Terms and Conditionsgoverning the use of this Service and the agreement that operates between Youand the Company. These Terms and Conditions set out the rights and obligationsof all users regarding the use of the Service.
Your access to and use of the Service isconditioned on Your acceptance of and compliance with these Terms andConditions. These Terms and Conditions apply to all visitors, users and otherswho access or use the Service.
By accessing or using the Service You agreeto be bound by these Terms and Conditions. If You disagree with any part ofthese Terms and Conditions then You may not access the Service.
You represent that you are over the age of18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service isalso conditioned on Your acceptance of and compliance with the Privacy Policyof the Company. Our Privacy Policy describes Our policies and procedures on thecollection, use and disclosure of Your personal information when You use theApplication or the Website and tells You about Your privacy rights and how thelaw protects You. Please read Our Privacy Policy carefully before using OurService.
Our Service may contain links tothird-party web sites or services that are not owned or controlled by theCompany.
The Company has no control over, andassumes no responsibility for, the content, privacy policies, or practices ofany third party web sites or services. You further acknowledge and agree thatthe Company shall not be responsible or liable, directly or indirectly, for anydamage or loss caused or alleged to be caused by or in connection with the useof or reliance on any such content, goods or services available on or throughany such web sites or services.
We strongly advise You to read the termsand conditions and privacy policies of any third-party web sites or servicesthat You visit.
We may terminate or suspend Your accessimmediately, without prior notice or liability, for any reason whatsoever,including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use theService will cease immediately.
Notwithstanding any damages that You mightincur, the entire liability of the Company and any of its suppliers under anyprovision of this Terms and Your exclusive remedy for all of the foregoingshall be limited to the amount actually paid by You through the Service or 100USD if You haven't purchased anything through the Service.
To the maximum extent permitted byapplicable law, in no event shall the Company or its suppliers be liable forany special, incidental, indirect, or consequential damages whatsoever(including, but not limited to, damages for loss of profits, loss of data orother information, for business interruption, for personal injury, loss ofprivacy arising out of or in any way related to the use of or inability to usethe Service, third-party software and/or third-party hardware used with theService, or otherwise in connection with any provision of this Terms), even ifthe Company or any supplier has been advised of the possibility of such damagesand even if the remedy fails of its essential purpose.
Some states do not allow the exclusion ofimplied warranties or limitation of liability for incidental or consequentialdamages, which means that some of the above limitations may not apply. In thesestates, each party's liability will be limited to the greatest extent permittedby law.
The Service is provided to You "ASIS" and "AS AVAILABLE" and with all faults and defects withoutwarranty of any kind. To the maximum extent permitted under applicable law, theCompany, on its own behalf and on behalf of its Affiliates and its and theirrespective licensors and service providers, expressly disclaims all warranties,whether express, implied, statutory or otherwise, with respect to the Service,including all implied warranties of merchantability, fitness for a particularpurpose, title and non-infringement, and warranties that may arise out of courseof dealing, course of performance, usage or trade practice. Without limitationto the foregoing, the Company provides no warranty or undertaking, and makes norepresentation of any kind that the Service will meet Your requirements,achieve any intended results, be compatible or work with any other software,applications, systems or services, operate without interruption, meet anyperformance or reliability standards or be error free or that any errors ordefects can or will be corrected.
Without limiting the foregoing, neither theCompany nor any of the company's provider makes any representation or warrantyof any kind, express or implied: (i) as to the operation or availability of theService, or the information, content, and materials or products includedthereon; (ii) that the Service will be uninterrupted or error-free; (iii) as tothe accuracy, reliability, or currency of any information or content providedthrough the Service; or (iv) that the Service, its servers, the content, ore-mails sent from or on behalf of the Company are free of viruses, scripts,trojan horses, worms, malware, timebombs or other harmful components.
Somejurisdictions do not allow the exclusion of certain types of warranties orlimitations on applicable statutory rights of a consumer, so some or all of theabove exclusions and limitations may not apply to You. But in such a case theexclusions and limitations set forth in this section shall be applied to thegreatest extent enforceable under applicable law
The laws of the Country, excluding itsconflicts of law rules, shall govern this Terms and Your use of the Service.Your use of the Application may also be subject to other local, state,national, or international laws.
If You have any concern or dispute aboutthe Service, You agree to first try to resolve the dispute informally bycontacting the Company.
If You are a European Union consumer, youwill benefit from any mandatory provisions of the law of the country in whichyou are resident in.
You represent and warrant that (i) You arenot located in a country that is subject to the United States governmentembargo, or that has been designated by the United States government as a"terrorist supporting" country, and (ii) You are not listed on anyUnited States government list of prohibited or restricted parties.
If any provision of these Terms is held tobe unenforceable or invalid, such provision will be changed and interpreted toaccomplish the objectives of such provision to the greatest extent possibleunder applicable law and the remaining provisions will continue in full forceand effect.
Except as provided herein, the failure toexercise a right or to require performance of an obligation under these Termsshall not effect a party's ability to exercise such right or require suchperformance at any time thereafter nor shall the waiver of a breach constitutea waiver of any subsequent breach.
These Terms and Conditions may have beentranslated if We have made them available to You on our Service. You agree thatthe original English text shall prevail in the case of a dispute.
We reserve the right, at Our solediscretion, to modify or replace these Terms at any time. If a revision ismaterial We will make reasonable efforts to provide at least 30 days' noticeprior to any new terms taking effect. What constitutes a material change willbe determined at Our sole discretion.
By continuing to access or use Our Serviceafter those revisions become effective, You agree to be bound by the revisedterms. If You do not agree to the new terms, in whole or in part, please stopusing the website and the Service.
If you have any questions about these Termsand Conditions, You can contact us:
· By visiting this page on ourwebsite: https://www.topspotsnyc.com/booking-experiences/booking-your-experience
