By using the site, you represent and warrant that (a) all registration and other information you submit, if any, is truthful and accurate; (b) you will maintain the accuracy of any information you provide; (c) you will not submit any personal information if you are under 13 years of age; and (d) your use of the site does not violate any applicable law or regulation.
You acknowledge that the content included on this site, including but not limited to, text, graphics, logos, button icons, images, audio clips, software, and the selection and arrangements thereof, is and shall remain the sole and exclusive property of PINCH Group, llc. or its content suppliers and protected by U.S. and international copyright laws. Any use, including the reproduction, modification, distribution, republication or display of the content on this site is strictly prohibited and an infringement of copyright or proprietary rights in the information.
The PINCH NYC trademarks and logos, and all related product and service names, design marks and slogans are the trademarks, service marks or registered trademarks of PINCH Group, llc. and may not be used in any commercial manner without the prior written consent of PINCH, PINCH NYC, PINCH BKLYN & I DON'T DO UGLY. All other products and service marks contained on the site are the trademarks of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, or otherwise does not necessarily constitute or imply the endorsement, sponsorship or recommendation by PINCH Group, llc.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. PINCH Group, llc.’s website sells products that can be purchased by using a credit card. If you are under the age of 18 and using a credit card to purchase a product, you may only do so with the consent of your parent or guardian. PINCH Group, llc. may, at any time, terminate your service, refuse your membership, and remove or edit your content in its sole discretion.
By submitting content or information of any type to the site, you automatically grant PINCH Group, llc. a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information. PINCH Group, llc. may sublicense all or part of its rights under this license or assign them to third parties. You also acknowledge that such submissions are non-confidential for all purposes.
You agree that you will not post or transmit any of the following materials: (1) anything that interferes with or disrupts the site or the operation thereof; (2) statements about candidates for political office; (3) statements or material that defames, harasses, abuses, stalks, threatens, or in any way infringes on the rights of others; (4) unauthorized copyrighted materials or any other material that infringes on the intellectual property rights, trade secrets, or privacy of another; (5) statements or material that violates other contractual or fiduciary rights, duties, or agreements; (6) statements or material that encourages criminal conduct or that would give rise to civil liability or otherwise violates any law or regulation in any jurisdiction; (7) statements or material that contains vulgar, obscene, profane, or otherwise objectionable language or images that typically would not be considered socially or professionally responsible or appropriate in person; (8) statements or material that impersonates any other person or entity, whether actual or fictitious, including employees and representatives of PINCH Group, llc.; (9) anything that violates the privacy or publicity rights of any other person; (10) statements or material that are off-topic, irrelevant, or inappropriate; (11) statements or material that constitute junk mail, spam, or unauthorized advertising or promotional materials; and (12) files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or this site.
You represent and warrant that: (i) you own the content posted by you on or through the site or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your content on or through the site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. PINCH Group, llc. may delete any content for any reason, including content that, in PINCH Group, llc. ‘s sole judgment, is offensive, illegal or violates the rights or threatens the safety of any person. PINCH Group, llc. has the right, but does not assume the responsibility, for monitoring the site for inappropriate content. You are solely responsible for the content that you post on or through the site.
If you choose to participate in a PINCH Group, llc. promotion that involves text messaging (either sending or receiving), standard text messaging rates will apply to each text message you send or receive as provided in your wireless rate plan.
Generally, merchandise offered on-line at PINCH Group, llc. will be priced the same as merchandise offered at our affiliates or franchisees, however, in some cases, our affiliate and franchisees may have different prices or promotional events at different times.
In the event that PINCH Group, llc. lists a product at an incorrect price due to typographical error or systems error, PINCH Group, llc. shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. PINCH Group, llc. shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, PINCH Group, llc. will issue a credit to your credit card account in the amount of the incorrect price.
PINCH Group, llc. has done its best to accurately display the colors of the products shown on its website. However, we cannot guarantee that your monitor’s display of any color will be accurate.
THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS CONTAINED IN OR PROVIDED OR AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN “AS IS” BASIS WITH NO WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PINCH Group, llc. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, CONTENT, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM ERROR, INTERRUPTION, COMPUTER VIRUS, OR OTHER HARMFUL COMPONENTS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, PINCH Group, llc. DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. PINCH Group, llc. HAS THE RIGHT TO MAKE CHANGES AND UPDATES TO ANY INFORMATION AVAILABLE THROUGH THE SITE WITHOUT PRIOR NOTICE.
This site may provide links or references to other websites. However, PINCH Group, llc. has no control over or responsibility for content on third party sites and transactions that occur therein. If provided, these links to other sites are merely given as a convenience to users, and PINCH Group, llc. shall not be liable for any damages or injury arising from content on such third party websites or transactions occurring therein. The terms and conditions and privacy policies governing this site may differ significantly from the policies of third party websites. There are risks in using any information, software, or products found on the Internet or in otherwise entering transactions through the Internet. Accordingly, PINCH Group, llc. cautions you to make certain you understand these risks and any applicable policies of third party websites before retrieving, using, relying upon, or purchasing anything, or before otherwise transacting, via the Internet.
Limitation of Liability
IN NO EVENT SHALL PINCH Group, llc. BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF PINCH Group, llc. HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, TORT OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, CONTENT, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE OR THE INTERNET GENERALLY.
Because some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, some of the above limitations may not apply to you. In such jurisdictions, PINCH Group, llc. ‘s liability is limited to the greatest extent permitted by law.
You agree to indemnify and hold PINCH Group, llc. and its officers and employees harmless from each claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the site, your violation of these terms and conditions or your infringement of any intellectual property or other right of any person or entity.
Notice for Claims of Copyright Infringement
If you are a copyright owner or agent thereof and believe that content posted on the site by a PINCH Group, llc. user infringes upon your copyright, please submit notice, pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)) to PINCH Group, llc. with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright; (b) a description of the copyrighted work that you claim has been infringed; (c) the URL of the location on our website containing the material that you claim is infringing; (d) your address, telephone number, and email address; (e) 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 (f) 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. PINCH Group, llc. can be reached by mail at: Attn PINCH Group, llc. – PO Box 613, New York, NY 10156 or by email at firstname.lastname@example.org
You agree that this agreement and your use of this site are governed exclusively by the laws of the State of New York, USA, without regard to its conflict of laws provision. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in New York, New York, USA in all disputes (a) arising out of, relating to, or concerning this site and/or this agreement, (b) in which this site and/or this agreement is an issue or a material fact, or (c) in which this site and/or this agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization. You agree to waive any and all objections to jurisdiction or venue in New York, New York, USA. Use of this site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Use of this site is also unauthorized in any jurisdiction where all or any portion of this site may violate any legal requirements and you agree not to access this site in any such jurisdiction. You are responsible for compliance with applicable laws. PINCH Group, llc. makes no representation that materials on this site are appropriate or available for use in any particular jurisdiction. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.
You agree that no joint venture, partnership, employment or agency relationship exists between you and PINCH Group, llc. as a result of this agreement or your use of this site. PINCH Group, llc.’s performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of PINCH Group, llc. ‘s right to comply with law enforcement requests or requirements relating to your use of this site or information provided to or gathered by PINCH Group, llc. with respect to such use.
Personal Information is any and all information regarding you individually that would permit someone to contact you, including, but not limited to, your name, address, telephone/fax number, email address or any information you submit to PINCH Group, llc. that identifies you individually.
This website will not collect any Personal Information about you unless you provide it. Should you choose to disclose Personal Information about yourself, PINCH Group, llc. may collect it using some of the following methods: registration forms, transactions and activity, and email or other voluntary communications. The Personal Information will then be used for, among other things, to verify your identity, maintaining your account, providing support to you, improving the website, providing you with updates, promotions, advertising, responding to your inquiries, and to maintain and improve PINCH Group, llc.’s website. PINCH Group, llc. may disclose Personal Information about you in connection with legal requirements, such as in response to an authorized subpoena, governmental request or investigation, or as otherwise permitted by law.
When you visit PINCH Group, llc.’s website, certain information is automatically collected like the browser you use, your IP address, the pages you access and the date and time you access the website. This type of information is Non-Personal Information.
PINCH Group, llc. uses the Non-Personal Information to manage and improve its website. PINCH Group, llc. may disclose aggregated and anonymous Non-Personal Information to potential business partners and unaffiliated entities.
This website is directed toward and designed for use by persons aged 13 or older. PINCH Group, llc. does not solicit or knowingly collect Personal Information from children under the age of 13. Nevertheless, if PINCH Group, llc. learns that it has received Personal Information from someone under the age of 13, PINCH Group, llc.will delete the information from its systems. Moreover, parents or legal guardians may request that their child’s information is corrected or deleted by sending PINCH Group, llc. a written request requesting this at: Attn: PO Box 613 – New York, NY 10156 or by email at email@example.com
PINCH Group, llc. or the entity operating its website may place cookies on your computer to help personalize your experience and allow you to use certain functions on the website. Most search engines allow you to block cookies from being sent. Should you choose to disable the cookies, certain portions of the website may not work.
PINCH Group, llc. has several safeguards in place to protect your Personal Information. For example, if you purchase a product online, the transaction is encrypted using industry-standard Secure Sockets Layer (SSL) connections to help protect such information from interception. Please note, any email or other transmission you send through the internet cannot be fully protected against unauthorized interception.
PINCH NYC Audio is licensed and copyrighted under PINCH Group, llc and cannot be used, copied and or sold without legal permission and authorization.