Terms and Conditions

These Terms and Conditions (these "Terms") are entered into by and between you and 57 GRAND LLC, a New York limited liability company ("57Grand"). In consideration of your use of and access to this website ("Site"), and the promises and obligations herein, and intending to be legally bound, you and 57Grand hereby agree as follows:

Your access to and use of this Site is subject to these Terms, which incorporate the separately posted Privacy Statement, as well as any modifications to them issued by 57Grand and all applicable laws and regulations. BY USING THIS SITE, YOU AGREE TO AND WILL BE DEEMED TO BE BOUND BY THESE TERMS. If you do not want to be bound by these Terms, do not use this Site.

Among other things, this Site may provide information concerning products and services sold or offered by third parties and the opportunity to purchase or obtain additional information concerning those products and services. These Terms in no way override the terms and conditions of your purchase or use of any such third party product or service except as specifically provided herein.

1. Changes to Terms.

57Grand shall have right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of this Site. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including posting the revised or additional terms and conditions on this Site. ANY ACCESS OR USE OF THIS SITE BY YOU AFTER NOTICE OF REVISIONS OR ADDITIONS TO THESE TERMS SHALL CONSTITUTE AND BE DEEMED TO BE YOUR AGREEMENT TO SUCH REVISIONS OR ADDITIONS. No modification to these Terms by any party other than 57Grand shall be valid or enforceable against 57Grand.

2. Termination.

57Grand shall have the right at any time and without prior notice to terminate some or all of this Site, including any feature or portion thereof, any products or services offered through this Site or any individual's right to access or use this Site or any feature or portion thereof.

3. Compliance with Laws.

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Site and your purchase of products through this Site. You must be at least 18 years old to use this Site.

4. Content.

The text, images, photographs, graphics, logos, illustrations, descriptions, data, information and other material provided by 57Grand on or through this Site, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the "Content".

The Content may contain errors, omissions or typographical errors or may be out of date. 57Grand may change or delete any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on 57Grand except to the extent it is specifically indicated to be so.

Unless otherwise noted, all Content is protected by copyrights, trademarks and other proprietary rights that are owned by 57Grand or by third parties that have licensed their use to 57Grand. You may view and use the Content only for your personal information and for shopping and ordering on or through this Site, and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, 57Grand does not grant to you any right to use, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform or distribute by any means, method or process whatsoever, now known or hereafter developed, any of the Content. Any use of the Content, except as specifically permitted in these Terms or in the Content, is strictly prohibited.

Notice and Procedure for Making Claims of Intellectual Property Infringement

If you believe that your work has been copied in a way that constitutes copyright infringement or your intellectual property rights have otherwise been violated by Content on this Site, please provide the 57Grand copyright agent the information specified below in writing:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. A description of where the material that you claim is infringing is located on this Site;
  4. Your contact information such as an email address;
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent or the law; and
  6. A statement by you, under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or other intellectual property owner or are authorized to act on behalf of the copyright or other intellectual property owner.

The 57Grand Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached at or via mail at:

Attn: Copyright Agent
57 GRAND LLC
250 West 39th Street – 8th Floor
New York, NY 10018

5. Links to Third Party Sites.

Links to or from other websites operated by third parties do not constitute sponsorship, endorsement or approval by 57Grand of the content, policies or practices of such linked sites. Linked sites are not operated, controlled or maintained by 57Grand, and 57Grand is not responsible for the availability, content, security, policies or practices of linked sites. Links to other sites are provided for your convenience only and you access them at your own risk.

6. Prices; Orders.

All prices displayed on this Site are quoted in U.S. dollars. In the event that a product or service is listed at an incorrect price due to a typographical error, 57Grand shall have the right to refuse or cancel orders placed for the product or service listed at the incorrect price, regardless of whether the order has been confirmed. If your credit card has already been charged and your order is canceled, 57Grand shall promptly issue a credit to your credit card account.

7. Disclaimer and Limitation of Liability.

57Grand, ITS SUPPLIERS, VENDORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS MAKE NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THIS SITE OR ANY LINKED SITE OR ITS CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT. 57Grand ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THIS SITE OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, ALL PRODUCTS SOLD THROUGH THIS SITE AND CONTENT PROVIDED ON OR THROUGH THIS SITE ARE PROVIDED TO YOU "AS IS" WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. THE "AS IS" CONDITION OF PRODUCTS AND CONTENT ARE EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THIS SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

UNDER NO CIRCUMSTANCES SHALL 57Grand, ITS SUPPLIERS, VENDORS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY FROM ANY PRODUCT SOLD OR PROVIDED THROUGH THIS SITE OR ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY OF THIS SITE OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF 57Grand IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9. Indemnification.

You agree to defend, indemnify and hold harmless 57Grand, its affiliates and their respective directors, officers, employees and agents from and against all claims, losses, damages, liabilities and costs (including reasonable attorneys' fees and court costs) arising out of or relating to your breach of these Terms or your access to or use of this Site.

10. Submissions.

You may not post on or transmit through this Site, including any Discussion List, any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful or racially, ethnically or otherwise objectionable Content of any kind. If we are notified of any such Content provided by you, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content. We may disclose any Content of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate this Site or our business; or (iii) to protect the rights or property of 57Grand, 57Grand's vendors, our affiliates, you or other users of this Site.

You may upload or submit to this Site only such Content (a) that is not subject to any copyright or other proprietary rights restrictions; (b) with respect to which the owner or licensor has given express authorization for 57Grand to distribute over the Internet; or (c) that does not contain any material that may damage, interfere with, intercept or expropriate any system, data or personal information. Any Content distributed with the consent of a copyright owner should contain a phrase such as "Copyright, owned by [name of owner]; used by permission." You will be liable for any damage resulting from any infringement of copyrights or proprietary rights or from any other harm arising from your unauthorized submission.

Except as otherwise expressly provided herein or in the separately posted Privacy Statement, any communication or material you transmit to 57Grand through this Site (other than in response to a job posting) by electronic mail, posting on a Discussion List or otherwise, including any contest or sweepstakes entries, images, photographs, video files, audio files, questions, comments, suggestions or the like, is and will be treated as non-confidential and non-proprietary and may be used by 57Grand, 57Grand's vendors or their affiliates for any purpose, including reproduction, modification, disclosure, transmission, publication, broadcast and posting, and for advertising, publicity or promotional purposes in any media (now known or hereafter created or conceived) without further permission, payment or other consideration, unless prohibited by law.

11. Registration; Accounts; Use of Site.

Certain services offered on or through this Site will require you to register an account. You are responsible for maintaining the confidentiality of your account information, including your password, and are liable for all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password or any other breach of security. You may not use anyone else's account or password. You agree to provide us with accurate information about yourself as prompted by the registration process, and to update that information to keep it current. You can always review your account and correct or update it by logging in and following the relevant instructions. You can delete your account by sending an email to and asking that your account be deleted.

You may not use any automatic device, program, or technology, or any equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of this Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of this Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through this Site. You agree that you will not take any action that imposes an unreasonable or disproportionate load on the infrastructure of this Site.

12. Mobile Services.

This Site may include certain services that are available to you via your mobile phone or other mobile device if you have subscribed to them, including the ability to use your mobile device to place orders, receive and reply to messages from 57Grand and access certain other features (collectively, the "Mobile Services"). Although 57Grand does not charge you for these Mobile Services, your mobile carrier's normal messaging, data and other rates and fees will still apply to your use of the Mobile Services. In addition, downloading, installing or using certain Mobile Services may be prohibited or restricted by your mobile carrier and not all Mobile Services may work with all carriers or devices. Therefore, you are responsible for checking with your mobile carrier to determine if the Mobile Services are available for your mobile device, what restrictions, if any, may be applicable to your use of the Mobile Services and how much they will cost you. By using the Mobile Services, you agree that 57Grand may communicate with you by SMS, MMS or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to 57Grand. In the event you change or deactivate your mobile telephone number, you agree promptly to update your mobile subscription account information to ensure that the messages 57Grand intends to send to you are not sent to another person who acquires your former mobile telephone number.

13. Miscellaneous.

These Terms constitute the entire agreement between you and 57Grand with respect to the subject matter hereof and supersede all previous written or oral agreements between you and 57Grand with respect to such subject matter. No waiver by 57Grand of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provision. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.

57Grand shall not be liable for any nonperformance or delay in performance caused by any act or event beyond its reasonable control.

Access to or use of this Site shall not be construed as 57Grand's purposeful availment of the privilege or benefits of doing business in any state or legal jurisdiction other than the State of New York. These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of law provisions. Additionally, any claims brought against 57Grand shall be governed by and construed in accordance with the laws of the State of New York. Sole and exclusive jurisdiction for any action or proceeding arising out of, or related to, these Terms, use of this Site or any orders placed or products purchased through any of them, shall be in the state or federal courts located in the County of New York, State of New York.

Effective September 23, 2009