Terms and Conditions

Effective Date of Current Policy: June 30, 2015

Thank you for visiting www.ontonyc.com (the “Site”). Corner Design Studio, Inc. (“Onto”, “we”, and/or “us”) is the owner and operator of the Site and Services. By accessing or using the Site, mobile application or other Onto product or service (collectively, “Services”) on any computer, mobile phone, tablet, console or other device (collectively, “Devices”), you consent to these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any Services.

Before using any of the Services, including but not limited to, making any purchase, read these Terms of Use and any other policies and notices, including our Privacy Policy and Returns & Exchanges Policy, which are available at [link to privacy policy] and [link to Returns & Exchanges Policy], respectfully. Together, these materials contain terms, rules, and other guidelines related to your use of the Services (collectively, “Terms”). You agree that your access to and use of the Services is subject to these Terms and all applicable laws, and that any such access or use is undertaken at your own risk.

If you have any questions about this or any of our other policies, please contact us at info@ontonyc.com.

1. We Reserve the Right to Update and Revise These Terms at Any Time.

From time to time we will review the Terms to ensure they accurately reflect developments in the law and our business operations. We reserve the right to update and revise this policy at any time, effective upon posting. You can review the most current version of the Terms at any time on this page. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

Any new features or tools that are added to the current Site shall also be subject to these Terms.

2. Eligibility.

We only permit individuals who are at least 18 years old and who can form legally binding contracts with us to use the Services.

You can only use or receive the Services to the extent the laws of your jurisdiction or the United States do not bar you from doing so. Please make sure these Terms are in compliance with all laws, rules and regulations that apply to you.

By using the Services you represent and warrant that you meet all eligibility requirements we outline in these Terms. We may still refuse to let certain people access or use the Services. We may also change our eligibility criteria at any time.

We offer the Services only for personal, noncommercial use.

3. Privacy.

By using the Services, including without limitation, making a purchase, you understand and agree that Onto may share information about you and your transaction(s) with other companies for any business purposes, including without limitation, processing your transaction(s), fraud prevention, vendor direct shipping, and credit card authorization.

Our Privacy Policy details how we collect and use your information.

4. Account Registration.

Some of our Services may require you to create an account. If you create an account, you are solely responsible for any activity that occurs through your account. In order for us to provide you the best possible service, you agree to provide us with complete, accurate, and updated information for your account at all times. Incorrect or outdated information may lead to errors or delays, for which we will not be responsible.

You are solely responsible for maintaining the security of your account and account password and for any consequence resulting from your failure to do so. You should never publish, distribute, or post login information for your account. We are not liable for any damages or loss caused from any unauthorized account actions.

We reserve the right to refuse registration or to cancel an account at any time. You can delete your account by emailing us at info@ontonyc.com.

5. Products and Services.

Certain products may be available exclusively online through the Site. These products may have limited quantities and are subject to return or exchange only according to our Returns & Exchanges Policy, which is viewable here [link to return policy].

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product made on this Site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.

6. Product Orders.

All orders placed through the Services are subject to Onto's acceptance. We may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, we will issue you a refund.

We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

7. Accuracy of Account Information.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

8. Errors, Inaccuracies, and Omissions.

Occasionally there may be information on our Site or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Services or on any related Site, including without limitation, pricing information, except as required by law. Prices for our products are subject to change without notice. We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Services. No specified update or refresh date applied in the Services or on any related Site, should be taken to indicate that all information in the Services or on any related Site has been modified or updated. You agree that it is your responsibility to monitor changes to our Site.

9. Intellectual Property.

All content that appears on the Services, including without limitation all designs, illustrations, icons, photographs, video clips, and written materials, as well as the compilation of the Services, and other materials, are the exclusive property of Onto or our licensors and is protected by United States and international copyright laws. All trademarks, service marks, and trade names that appear on the Services and the overall “look and feel” of the Services (collectively the “Marks”) are proprietary to Onto, or the respective owners of such Marks. You may not display, reproduce, or otherwise use the content or materials on the Services, including the Marks, without first receiving written consent from us. You may not remove or otherwise modify any legal or trademark notices from any content we make available through the Services.

Scraping the Services or using other automated or manual means to take our content is expressly prohibited. Any unauthorized use of any content or materials on the Services is strictly prohibited and violates copyright, trademark, and/or other intellectual property laws, and/or the laws of privacy, publicity, and/or communications regulations and statutes.

If you would like to request authorization to use the materials or content on the Services, please contact us at info@ontonyc.com.

10. Access to the Services.

You may not do any of the following while accessing or using the Services:

take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our or our third-party providers’ infrastructure;
infringe upon or violate our intellectual property rights or the intellectual property rights of others;
to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
submit false or misleading information;
collect or track the personal information of others;
interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
bypass, circumvent, or attempt to bypass or circumvent, any measures we may use to prevent or restrict access to the Services, including without limitation other accounts, computer systems or networks connected to the Services;
run any form of auto-responder or “spam” on the Services, or otherwise phish, pharm, pretext, spider, crawl, or scrape on the Services;
reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the Site through which the Services are provided, without express prior written permission by us;
upload or transmit worms, viruses or any other type of malicious code or materials that will or may be used in any way that will affect the functionality or operation of the Site, the Services or of any related website, other websites, or the Internet; or
otherwise take any action in violation of the Terms.

You may not use our products for any unlawful, illegal or unauthorized purpose nor may you, in the use of the Services, violate any international, federal, provincial or state regulations, rules, laws, or local ordinances, including the laws in your jurisdiction (including but not limited to copyright laws). We reserve the right to terminate your use of the Services for violating any of the prohibited uses.

11. Your Submissions.

When you submit, distribute, transmit, or post any communications or any other material to Onto (either through the Services; through our pages on third-party sites, such as Instagram, Twitter and Facebook. This is collectively “User Generated Content”), you grant us the unrestricted right and license to use, copy, reproduce, process, adapt, translate, modify, publish, transmit, display, and distribute your User Generated Content in any and all media formats or distribution channels. You agree that this license includes the right for Onto to use your User Generated Content for commercial services, including but not limited to, to provide, promote, market, advertise, and improve the Services. You agree that this license is irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, royalty-free, and will survive termination of your account. We may use User Generated Content without compensation of any kind to you, including if we use User Generated Content for advertising or promotional purposes.

We do not want to receive confidential, proprietary or trade secret information through the Services (excluding information related to your purchase(s)). Any information, materials, suggestions, ideas or comments sent to us will be deemed non-confidential, and we may use that information for any purpose including, but not limited to, developing, manufacturing, and marketing products. By submitting any such information, you grant us an irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid and royalty-free license that will survive termination of your account.

In addition to giving Onto a license, you also give each user of the Services an irrevocable, non-exclusive, perpetual, worldwide, transferable, sublicensable, fully paid, and royalty-free right and license to access your User Generated Content through the Services and to use, edit, modify, publish, reproduce, distribute, prepare derivative works of, display, perform, adapt, and promote such submissions, including after any termination of your account.

We also reserve the right to use any of the materials you create using the Site or Services for marketing, promotions, advertising or other business purposes. We will not use your name in connection with such materials unless we first obtain your permission or otherwise are required by law to do so.

12. Representations About Content You Submit.

When you submit User Generated Content, you represent and warrant that

you hold all necessary right, title, and license to such materials;
that your submission of such materials to Onto does not and will not violate or infringe the rights of any third-parties, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights;
that your submission of such materials to Onto does not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or the Site; and
all User Generated Content you provide is accurate, complete, up-to-date, and not misleading.

In addition, any User Generated Content must not

include any profanity or obscene, indecent, defamatory, or pornographic material;
contain any unauthorized or unsolicited advertising, such as spam;
contain software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of ours or of any third party;
impersonate any person or entity; or
include anyone’s identification documents or sensitive financial information.

13. Copyright.

Onto has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”). You are hereby informed that Onto has adopted and reasonably implemented a policy that provides for the termination of access, in appropriate circumstances, to users who are repeat copyright infringers. Onto may, in appropriate circumstances and at its discretion, disable and/or terminate access to users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Onto’s Copyright Agent the following information (to be effective, the notification must be in writing and provided to our Copyright Agent):

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and a description of where the material that you claim is infringing is located;
your address, telephone number, and, if available, email address;
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; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Onto’s agent for notice of claims of copyright or other intellectual property infringement can be reached via email at info@ontonyc.com or via regular mail at the following address: Corner Design Studio, Inc., Attention: Copyright Agent, 374 Hooper Street, #2, Brooklyn, NY 11211.

14. Third-Party Content and User Generated Content.

All content on the Services, including User Generated Content and third-party content, is the responsibility of the party that creates it. Onto does not control or endorse any User Generated Content or third-party content, and we make no claims or representations regarding any content we do not create. We do not endorse or have any associations with third-party sites or resources that we may link to on the Services. We take no responsibility and assume no liability related to third-party content, User Generated Content, or any actions resulting from your use of any part of the Services.

If any damage or loss results from your use of, reliance on, or any other connection between you and any content that any third party makes available, you acknowledge and agree that we are not responsible or liable, directly or indirectly. When you access third-party resources on the Internet, you do so at your own risk.

We may review content on the Services, but we do not have an obligation to do so. You are solely responsible for the User Generated Content you post on or through the Services, its accuracy, and for the consequences of submitting and posting that User Generated Content. You should be skeptical about information provided by others, and you acknowledge that the use of any User Generated Content posted on the Services is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice, suggestions or recommendations constituting User Generated Content, and we specifically disclaim any liability in connection therewith.

We reserve the right to review, remove, block, or modify any content on the Services, including User Generated Content, without notice or further obligation to you.

15. WARRANTY DISCLAIMER.

We do not guarantee, represent or warrant that your use of our Services will be uninterrupted, timely, secure or error-free. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You further understand and agree that Onto has no control over, and no duty to take any action regarding which users access the Services, what content you access via the Services, what effects the content may have on you, how you may interpret or use the content, or what actions you may take as a result of your exposure to the content.

You release us from all liability related to you acquiring or not acquiring content through the Services. The Services may contain, or direct you to Sites containing, information that some people may find offensive or inappropriate. We make no representations concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals.  

The Services are a public forum, and other users or third parties may attempt to obtain personal information about you in order to harass or injure you. By using the Services you acknowledge and agree that Onto is not responsible for others' misuse of information publicly disclosed here. Please carefully select the type of information that you post or share, and report any abuses to us.

THE SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICES ARE (EXECPT AS EXPRESSLY STATED BY US) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE AND WITHOUT REPRESENTATION, WARRANTY, OR CONDITIONS OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ONTO DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SERVICES OR ANY CONTENT ON THE SERVICES, WHETHER PROVIDED OR OWNED BY ONTO OR BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE IN TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IN ADDITION, ONTO DOES NOT REPRESENT OR WARRANT THAT THE CONTENT ACCESSIBLE VIA THE SERVICES IS ACCURATE, RELIABLE, COMPLETE, AVAILABLE, CURRENT, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.

16. LIMITATION OF LIABILITY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ONTO OR ANYONE REPRESENTING ONTO, INCLUDING ONTO’S DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS, BE LIABLE TO YOU UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY, FOR (A) ANY LOST PROFITS, LOST SAVINGS, LOST REVENUE, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR ANY SIMILAR DAMAGES REGARDLESS OF LEGAL THEORY, RESULTING FROM: (I) YOUR ACCESS TO, USE OF, OR RELIANCE ON ANY PRODUCTS CONTENT OR PRODUCTS PROVIDED THROUGH THE SERVICES OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR THE SERVERS OF ONTO OR ITS THIRD-PARTY PROVIDERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; OR (IV) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY (REGARDLESS OF THE SOURCE OF ORIGINATION) OR (B) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) OF THE GREATER OF (I) FEES PAID TO US FOR THE APPLICABLE PRODUCTS; OR (II) $500.00.

THESE LIMITATIONS APPLY REGARDLESS OF LEGAL THEORY, WHETHER BASED ON TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ONTO WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17. Indemnification.

You agree to indemnify, defend and hold harmless Onto and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

18. Termination.

We reserve the right to terminate your right to use the Services or block or prevent your access to the Services, with or without cause, and without providing you with notice or reason. In the event of termination, your obligations under these Terms will still continue.

Further, if in our sole judgment you breach or violate, or we suspect that you have breached or violated, any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

19. Governing Law.

You agree that this Site shall be deemed a passive Site solely based in New York, USA, which does not give rise to personal jurisdiction over Onto in jurisdictions other than New York. The laws of the State of New York will govern these Terms and the relationship between you and Onto as if you signed these Terms in New York, without regard to New York State’s conflicts of laws rules. If any provisions of these Terms are inconsistent with any applicable law, those provisions will be superseded and/or modified only to the extent such provisions are inconsistent. The parties agree to submit to the federal or state courts in New York County, New York for exclusive jurisdiction of any dispute arising out of or related to your use of the Services or your breach of these Terms.

20. Severability.

If any part of these Terms is invalid, void, or for any reason unenforceable, that term will be deemed severable and limited or eliminated to the minimum extent necessary. The limitation or elimination of the term will not affect the validity and enforceability of any other remaining provisions of these Terms.

21. Entire Agreement.

These Terms constitute the entire agreement between you and Onto and supersede all prior or contemporaneous agreements, communications and proposals, whether electronic, oral, or written with respect to these Services (including but not limited to any prior versions of these Terms). Any rights not expressly granted herein are reserved. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

22. Miscellaneous.

We are not liable for any failure to perform any of our obligations stated in these Terms if the failure results from a cause beyond our reasonable control, including—without limitation—mechanical, electronic or communications failure or degradation.

You cannot assign, transfer or sublicense these Terms without first obtaining our consent. We may assign, transfer, or delegate any of our rights and obligations without consent. These Terms do not create any agency, partnership, joint venture, or employment relationship, and neither party has any authority to bind the other in any respect.

If we do not enforce any part of these Terms, it does not mean we give up the right to later enforce that or any other part of these Terms. In order for any waiver of compliance with these Terms to be binding, we must provide you with written notice of such waiver.

The section and paragraph headings in these Terms are for convenience only and do not affect their interpretation

23. Contact Us.

If you have any questions, complaints, or claims with respect to the Services or any of the Onto agreements, you may contact us at info@ontonyc.com.