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Terms of use

Legal Notices and Information

Ownership of Site and Agreement to Terms

These Terms of Use (these “Terms of Use”) apply to the website www.pildora.nyc and all associated sites linked to www.pildora.nyc  (collectively, the “Site”) and maintained by or on behalf of Pildora Enterprises, LLC and its subsidiaries or affiliates (collectively, “Pildora”).  The Site is the property of Pildora, which maintains the Site for, among other things, your personal entertainment, information, education and shopping convenience. By accessing and using the Site, you agree to these Terms of Use. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU SHOULD NOT USE THE SITE, AND YOUR SOLE REMEDY IF YOU DO NOT AGREE TO THESE TERMS OF USE IS TO CEASE ACCESS TO AND USE OF THE SITE.

Pildora reserves the right, in its sole discretion, to modify these Terms of Use at any time, and you are advised to check these Terms of Use periodically for any changes. We are under no obligation to advise of changes to these Terms of Use, and will generally simply modify these Terms of Use from time to time with the modifications to take effect upon posting on the Site. If you access and use the Site following any changes to these Terms of Use you will be deemed to have accepted these Terms of Use as so modified. As long as you comply with these Terms of Use, Pildora grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Site.

Unless otherwise expressly provided or if the context otherwise so requires, references to Pildora contained in these Terms of Use shall include its shareholders, directors, officers, employees, agents, attorneys, predecessors and successors in interest.

Site Content and Proprietary Rights

Content included on or comprising the Site, including without limitation user interfaces, artwork, “site feel”, computer codes, logos, trademarks, information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively “Content“) is owned, controlled or licenced by or to Pildora and is protected by copyrights, trademarks, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under United States and applicable international copyright laws, and Pildora owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement and enhancement of the Content.

Except as expressly authorised or licenced, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. Without limiting the foregoing, it is prohibited to download or copy images of any products or logos from the Site.

You may access, use or download Content or material displayed on the Site for personal, non-commercial use only, provided you also retain all copyright, trademark and other proprietary notices contained in the material, do not modify or alter the material and do not copy or post the material on any network computer or broadcast the material in any media.  It is strictly prohibited to modify, transmit, distribute, reuse, repost, “frame”, “mirror” or use the Content, in whole or in part for any purpose without written permission from an authorised representative of Pildora.

You also cannot in any way try to reproduce or circumvent the structure or presentation of the Site or any Content or to obtain or attempt to obtain any Content or other materials or information from or through the Site by any way or other means other than as expressly provided for such purpose by Pildora in the Site. Further, you cannot and cannot try to gain unauthorised access to any Content or portion or feature of the Site, or any other systems, networks or data bases connected to the Site, or to any of the services offered on or through the Site by hacking, passcode mining or any other illegal, illegitimate or unauthorised means.

You agree not to probe, scan or test the vulnerability of the Site or any network connected to the Site, nor to breach or attempt to breach the security or authentication measures on the Site or any network connected to the Site. Further, you may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of Pildora, or exploit the Site or any service or information made available or offered by or through the Site, in any way or for any purpose, including without limitation where the purpose is to reveal any personal or other information, other than your own information.

You also agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You cannot use the Site or any Content for any purpose that is unlawful under the laws of any applicable jurisdiction or that is prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Pildora or others.

Accounts, Passcodes and Security

Certain features or services offered on or through the Site may require you to open an account through the entry of certain data and the establishment of an Pildora user ID and passcode. As noted in our Privacy Policy, Pildora will keep your information private and will not disclose it to others other than as expressly provided in the Privacy Policy. However, you are solely responsible for maintaining the confidentiality of your account information and for any and all activity that occurs in your account as a result of your failure to keep your personal information secure and confidential. You agree to notify Pildora promptly of any unauthorised use of your account or passcode or any other breach of security relating to your account. You may be held liable for losses incurred by Pildora or by any other user of or visitor to the Site due to someone else using your user ID, passcode or account as a result of your failure to keep account information secure and confidential.

You agree not to use anyone else’s user ID, passcode or account at any time without the express permission and consent of that account holder, and Pildora will not be liable for any loss or damage arising from your failure to comply with these obligations.

Links to Third-Party Web Sites 

The Site may contain links to one or more independent third-party web sites (“Unrelated Sites”). Links to Unrelated Sites are provided solely as a convenience to our visitors and are not under our control. Pildora is not responsible for any Unrelated Site, and the inclusion on the Site of a link to an Unrelated Site does not in any way constitute and endorsement of the owner or the content of such Unrelated Site, including any information or materials contained therein. You will need to make your own independent judgement regarding your access and use of, and interaction with, Unrelated Sites.

Disclaimers, Limitation of Liability and Indemnity

Pildora DOES NOT REPRESENT OR PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC BENEFITS OR RESULTS.  THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. PILDORA CANNOT GUARANTEE OR ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR ANY OTHER DESTRUCTIVE FEATURES. PILDORA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE USAGE OF THE SITE OR ANY CONTENT, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PILDORA DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE SITE OR ANY OF THE CONTENT OR PRODUCT AND SERVICES DESCRIBED OR DISPLAYED ON THE SITE. PILDORA FURTHER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE, AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY UNRELATED SITES. YOUR SOLE REMEDY AGAINST Pildora FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP ACCESSING OR USING THE SITE OR ANY SUCH CONTENT.  THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. PILDORA RETAINS THE RIGHT TO, WITHOUT NOTICE, MODIFY, SUSPEND, INTERRUPT OR TERMINATE OPERATION OF OR ACCESS TO THE SITE, OR ANY PORTION OF THE SITE, FOR ANY REASON, AND TO MODIFY OR CHANGE THE SITE, OR ANY PORTION OF THE SITE, AT ANY TIME AND FOR ANY REASON.

Under no circumstances will Pildora be liable for any direct, indirect, incidental, special or consequential damages that result from your use of, or your inability to use, the Site. This limitation of liability shall apply even if an authorised representative of Pildora has been advised of or should have knowledge of the possibility of such damages. By your use of the Site, you acknowledge that this paragraph shall apply to all Content, merchandise and services available through the Site. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions our liability shall be limited to the fullest extent permitted by law.

The disclaimers and limitations on liability contained in these Terms of Use apply to any and all losses, damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorised access to, alteration of, or use, of the Site, the Content or your account on the Site, whether for breach of contract, tort, negligence or any other cause of action.

In addition, you agree to indemnify and hold Pildora harmless from any damages, causes of action, demands, losses, liabilities, claims or expenses (including without limitation attorneys’ fees), made against Pildora by any third party due to or arising out of or in connection with your use of the Site.

Violations of Terms of Use and Remedies

In addition to any rights Pildora may have under the terms of the Privacy Policy, we may disclose any information we have about you, including your identity, if we believe that disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with our rights or property, or the rights or property of other visitors to or users of the Site.

You agree that Pildora may, in its sole discretion, for any reason and without prior notice, terminate your access to the Site or block your future access to the Site if we believe that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site, and that Pildora will not be liable to you or to any third person as a result thereof.

If we take any legal action against you as a result of your violation of these Terms of Use, Pildora will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted to Pildora in connection with any such legal action.

Applicable Law, Dispute Resolution and General Legal Matters

The Site is created, operated and controlled by Pildora in the State of New York in the United States of America. As such, the laws of the State of New York will govern these Terms of Use without giving effect to any principles or conflicts of laws. You agree to personal jurisdiction by and venue in the state and federal courts of New York City, New York, and you waive any objection to such jurisdiction or venue. Any claim under these Terms of Use or relating to your access to or use of the Site or Content must be brought by you within one year after the cause of action arises, or the claim or cause of action shall be irrevocably barred.

Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or are appropriate or available for use in any specific jurisdiction. We reserve the right to limit, in our sole discretion, the provision and quantity of any feature, product or service to any person or in any jurisdiction or geographical area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Pildora with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and us with respect to such use are hereby superseded and cancelled. In no event will Pildora accept any counter-offers to these Terms of Use, and all such offers are hereby expressly rejected in full. Pildora’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Pildora of any provision or any right we may have to enforce these Terms of Use, nor shall any course of conduct between Pildora and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.