Privacy Policy

 

This privacy policy was last modified on January 3, 2022. 

We are pleased that you have elected to visit the website, www.neogracecreative.com (the “Website”), which is operated by Neograce Agency, LLC (“Neograce”). Neograce is a full service creative agency. References herein to “Neograce,” “we,” “us,” or “our” means and refers to Neograce. References to “you” and “your” mean and refer to visitors and users of the Website.

Neograce respects privacy rights, and is committed to safeguarding the Personal Information entrusted to us by our clients and visitors to the Website.  Neograce has implemented this Privacy Policy to govern the use of Personal Information that we collect through the Website, including Personal Information you send to us. This Privacy Policy does not govern Personal Information collected from any other source or in any other manner.  This Privacy Policy is intended to provide you with information as to: (i) the type of information that is collected, (ii) how the collected information is used and with whom it is shared; (iii) how we intend to protect the information; and (iv) how you can access such information and have it modified and/or removed.

This Privacy Policy may be changed from time to time, and we reserve the right to make changes without prior individual notice. Such changes are effective upon publication of the revised Privacy Policy. Please review this Privacy Policy often so that you will remain abreast of Neograce’s current policies. You are responsible for making sure you are aware of the provisions of Neograce’s most current Privacy Policy.  You can tell when the Privacy Policy was last modified by checking the “updated” date.

  • Your California Privacy Rights
  • Collection and Use of Information
    • Personal Information
    • IP Address
    • Financial Information
    • Other Information
    • Your Consent
    • Use of Your Personal Information
      • Opting In and Opting Out of Electronic Communications
      • Do Not Track Signals 
      • Use of Your Personal Information within Neograce
      • Use of Your Personal Information by Our Service Providers
      • If Neograce changes ownership
      • Lawful access, legal action and investigations.
  • Use of Cookies, Google Analytics
  • Disclosure of Information to Non-Affiliated Third Parties
  • Retention of Personal Information
  • Your Privacy Choices – Limiting Information Sharing/Accessing Your Information
  • Protection and Security of Information
  • Links to Other Website
  • Governing Law
  • Contact Us
  •  

California Privacy Rights. Under California law, California residents who have provided personally identifiable information (“Personal Information”) to a company may have the right to request the categories of Personal Information and the specific pieces of Personal Information that the company has collected from you. California residents also may have the right to request a list of all third parties to whom that company has disclosed and/or sold such information for the third parties’ business purposes during the preceding calendar year, along with a list of the categories of Personal Information that has been so disclosed and/or sold. Neograce does not share users’ Personal Information, including but not limited to e-mail addresses, with third parties for marketing or other purposes, unless Neograce first obtains your consent.  If you are a California resident who would like information on how to exercise your rights concerning third party disclosures under California law, you may send an email to hello@neogracecreative.com. For avoidance of doubt, this provision is made applicable to all users of the Neograce Website who want to request information about the Company’s use of their Personal Information, whether or not such user resides in California

Collection and Use of Information

Personal Information

Personal Information is information that uniquely identifies you, such as your name, address, email address, and telephone number.  When you visit the Website and/or request information, make an inquiry, or otherwise contact Neograce through the Website, Neograce will collect your Personal Information. Neograce maintains your Personal Information on databases it owns and/or controls and does not share that information with third parties without your consent. For example, when you provide your email address to Neograce through the Website, that email address is uploaded and stored on Neograce’s databases, but is accessible only to Neograce, subject to the exceptions identified in this Privacy Policy, and is not disclosed or disseminated outside of Neograce unless you have consented to its disclosure.

Financial Information

Neograce does not collect any financial information from you on or through the Website.

IP Address

An IP (Internet Protocol) address is a number that is automatically assigned to your computer by your internet service provider when you log on. Your IP address is not linked to your Personal Information but Neograce does reserve the right to use IP addresses to identify individuals who threaten the Website or other users or visitors.  IP addresses may also be used to help diagnose problems with the Website and to gather broad demographic information. The information we collect in this manner is usually anonymized, and we will not identify you from this data, subject to a need to do so to protect the Website and/or other users.

Other Information

When you access the Website, Neograce will automatically receive some information about your use of the service.  The type of information that is automatically collected by Neograce includes such things as the date and time of access of the Website, the Internet protocol (IP) address of the computer that you are using, the domain and host from which you access the Internet, your browser software and operating system, the referring website address, and the specific activities you are engaged in while visiting the Site.  This aggregate tracking information is used to help Neograce improve and enhance the website experience for all of its visitors.  The information we collect in this manner is usually anonymized, and we will not identify you from this data, subject to a need to do so to protect the Website and/or other users.

Your Consent

We only collect, use and/or disclose your Personal Information with your consent. We will request your consent to use your Personal Information for a particular purpose when we collect such information.  At this time, the only Personal Information Neograce collects through the Website is your email address when you provide it to us. If you provide information such as your e-mail address and phone number when contacting Neograce through the Website, you are consenting to the collection of your Personal Information for the purposes identified or apparent at the time of collection and/or as otherwise described in this Privacy Policy.

You must be 18 years of age and a resident of the United States to use this Site.  Neograce does not knowingly collect or maintain any Personal Information from children under the age of 13, and no part of any of the Website is designed with the purpose of attracting such children.

Use of Your Personal Information

We use your Personal Information with your consent for the purposes for which it is submitted, such as to initiate contact with you; to provide you with responses to inquiries you make through the Website; to reply to your requests for information; and to respond to other requests you have.  Your Personal Information may also be used in the following ways:

      • to deliver materials, information and services to you,
      • to give you notice of and/or resolve any problems that may arise in connection with our services,
      • to better understand the needs and interests of our customers,
      • to analyze the success of our products and services and Website,
      • to manage the Website’s functionality,
      • to help Neograce improve and enhance the Website experience for all of its visitors, and customize the content on our Website,
      • for compliance with any legal and/or regulatory obligations,
      • as otherwise reasonably required to provide customer services and maintain the Website,
      • to investigate potentially unlawful activity,
      • for any other purpose outlined in this Privacy Policy,
      • with your consent, to communicate with you about Neograce-related and/or industry-related events, products or services we think may be of interest to you, and
      • as permitted by law.

Once you have initiated contact with Neograce, we may use your Personal Information to respond to your inquiries or otherwise contact you in connection with our provision of services to you via email or, if requested by you, by telephone and/or direct postal mail regarding your relationship with Neograce.

Opting in and opting out of electronic communications.  You may opt out of receiving future electronic communications, such as emails, from Neograce at any time by (i) sending an e-mail directly to hello@neogracecreative.com or (ii) clicking on the “opt-out” or “unsubscribe” link in any electronic communication we send you.

Do Not Track Signals.  Certain web browsers provide users with an option by which you may have your browser send a “Do Not Track” signal to the website that you are visiting, advising the recipient website that you do not want to have your online activity tracked.  However, the way browsers communicate such “Do Not Track” signals is not yet uniform and accordingly, our Site do not take any action in response to such signals.  In the event a final standard is developed and accepted, we may reassess how we should respond to such signals.

Use of Your Personal Information Within Neograce.  Neograce may share your Personal Information with our affiliates, which are companies controlled or owned by us, or companies that control us, or are under common control with us (“Affiliates”), but such information will not be shared by us or our Affiliates with third parties without your express consent.  The Website is intended for users in the United States and its territories and possessions, but if you use the Site from any country outside the United States, the various communications will necessarily result in the transfer of information across international boundaries, and by visiting the Site, you consent to these transfers as required or permitted by applicable law.  We will not share your Personal Information with unaffiliated third parties, except as stated in this Privacy Policy, without your consent. Your Personal Information will be stored on servers located in the United States.

Use of Your Personal Information by Our Service Providers.  From time to time, we may hire third parties to assist us with certain functions and services, such as data processing, computer software and website maintenance and development, transaction processing, promotional and marketing services, customer service, professional, legal or accounting services and/or business and sales analysis. Neograce may share your Personal Information, without restriction (and regardless of whether you have chosen to limit our sharing of your Personal Information as collected on the Website), with such companies that we hire to perform services for us.  In such situations, Neograce requires that these companies agree to maintain the confidentiality of your Personal Information and to comply with the safeguards described in this Privacy Policy.  These companies have access to the Personal Information needed to perform their functions but are not permitted to share or use such information for any other purposes. Furthermore, in compliance with privacy laws, we also provide our opt-out lists to non-affiliated third party companies so that communications sent by those companies on Neograce’s behalf do not get sent to addresses appearing on our opt-out lists.

If Neograce changes ownership.  We may also share your Personal Information as required to allow for a change in ownership of Neograce and/or any of Neograce’s Affiliates and/or of any business(es) to which the Website relate, and the related transfer of user information to the new owner.  In the event of any such change of ownership, your Personal Information will continue to be protected by the terms of this Privacy Policy unless and until you are notified of a change.

Lawful Access, Legal Action and Investigations.  Your Personal Information may be disclosed to non-affiliated third parties as either required by, or to comply with, applicable laws and regulations. We may disclose Personal Information if we believe it is necessary to investigate, prevent, or take action regarding suspected illegal activities or fraud, situations involving the physical safety of any person, violations of our Privacy Policy, or otherwise in accordance with applicable law.  For example, Neograce may disclose your Personal Information to comply with investigations by regulatory authorities or enforcement agencies in the United States of America or elsewhere, or to protect against or prevent actual or potential fraud.  Furthermore, Neograce may disclose your Personal Information if it has a reasonable good faith basis to believe that it is required to do so by law, compelled by court order or legal process, or is reasonably necessary and/or appropriate to: (i) protect the rights, property and/or safety of Neograce or any other person or entity; or (ii) prevent or take action concerning any alleged: (a) illegal activity or (b) breach of the Privacy Policy of the Website. 

Use of Cookies, Web Beacons, Google Analytics

The Website may make use of “cookies” – small data files which we may send to your computer on the basis of the information that we have collected about your visit.  They contain information allowing us to recognize when you are visiting the Website and to keep track of your preferences.  The Website may also use “web beacons”: small strings of code that provide a graphic image that surveys visitors’ internet activity.  Through the use of cookies and web beacons, we also may automatically collect information about your online activity on our Website, such as the web pages you visit, the links you click, and the searches you conduct on our site.  Cookies are stored in your computer’s browser or on your hard disk and can then be retrieved by the website.

If you want to delete any cookies that were already sent to your computer or personal device, please refer to your web browser’s “Help” facility.  In addition, most web browsers can be set to prevent you from receiving new cookies, notify you before accepting cookies or disable cookies altogether. Details about this can normally be found in the “Help” facility provided with your browser. Please note that if you disable cookies you may not be able to take advantage of some of the Website’ interactive functionality.

The Website may also use Google Analytics, a web analytics tool that helps website owners understand how visitors engage with their website, as well as Jet Pack, Google Console and Google Tag Manager, which perform similar functions. We can view a variety of reports about how visitors interact with our Website so we can improve it. Google Analytics collects information anonymously, and uses cookies, and IP addresses, and reports website trends without identifying individual visitors.  For more information related to Google Analytics, click here http://www.google.com/analytics/learn/privacy.html.  You can opt-out of Google Analytics by installing the Google Analytics Opt-out Browser Add-On. For more information about and to install Google Analytics Opt-out Browser Add-on, click here: https://tools.google.com/dlpage/gaoptout?hl=en .

Disclosure of Personal Information to Non-Affiliated Third Parties

We do not sell, rent or market Personal Information collected on this Website to non-affiliated third parties for their marketing purposes.  However, we may disclose aggregated statistics about visitors to the Website, along with anonymous information concerning individual users of the Website.  We may combine anonymous information and/or aggregate information we collect with additional anonymous and/or aggregate information collected from other sources.  We may share anonymous information (including aggregate information) we collect regarding our users with third parties (such as advisors, and/or consultants) for various business purposes including conducting general business analysis, and developing website content and services.

Retention of Personal Information

Personal Information is retained to deliver our services, to otherwise fulfill identified or apparent purposes, and for record-keeping. At some point Neograce may elect to destroy, erase or anonymize your Personal Information. Once anonymized, Neograce undertakes not to re-identify the information.

You have the right to have your Personal Information removed from Neograce’s records and/or databases. If you want your Personal Information deleted from Neograce’s records, please e-mail Neograce at hello@neogracecreative.com.

Your Privacy Choices – Limiting Information Sharing/Accessing Your Information

You have the right to access the Personal Information that we hold about you, which includes the right to amend or correct that information, as appropriate, and to receive an account of how it has been used and a list of the organizations to whom it has been disclosed. In some circumstances, you may have the right to object to Neograce’s use of that Personal Information.  If you wish to update, amend, or change your Personal Information, please contact us at hello@neogracecreative.com.   

To protect the confidentiality of your information and respect your wishes for how it is used, Neograce offers “opt out” alternatives.  If you have consented to the sharing of your Personal Information at any point, you may instruct us not to share Personal Information about you in the future.  As noted above, you may also opt-out of receiving future electronic communications from us at any time.  You may make your privacy choice at any time and it will remain in effect until you change it.

If you would like to check, change, or confirm your privacy choices please contact us at: hello@neogracecreative.com.   

Protection and Security of Information

Neograce maintains reasonable standards of confidentiality and security for the Website and the Personal Information collected from the Website. Physical, technical, electronic and managerial procedures have been employed to safeguard the security and integrity of Personal Information collected through the Website.  The Personal Information you provide is secured using industry standard security technology.  Neograce also restricts its own employees’ access to Personal Information.  However, it is possible that someone may intercept or access communications, transmissions and/or Personal Information. You should remember to log off of the Website once you have completed your activities on the Website or if you have decided to step away from your computer.

In the event that Neograce determines that there has been a security breach that results in the unauthorized disclosure of Personal Information to a third party, Neograce will promptly notify consumers whose Personal Information it reasonably believes has been compromised by posting information on the Website and, if email contact is possible, then also by sending an email notification with respect to the situation.

You acknowledge that the security of online transactions you conduct using the Website cannot be guaranteed. To the fullest extent permitted at law, Neograce shall not accept responsibility for misuse or loss of, or unauthorized access to, your Personal Information.

Links to Other Website and Services

From time to time, the Neograce Website may contain links to other websites and/or social media sites or pages, such as YouTube, Instagram, Twitter and Linkedin (collectively, “other websites”) that are not controlled and/or maintained by Neograce. Please be aware that these other websites may have different privacy policies which may subject you to different privacy practices.  Please review the privacy policies of such other websites for information concerning what information is collected on such websites and how it is used.  Neograce is not responsible for the contents or privacy practices of any linked site or any link on a linked site.

Governing Law

This Privacy Policy shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions. Please see Terms of Use to review the terms relating to Disputes and Governing Law for the Website.

Contact Us

If you have any questions or complaints concerning this Privacy Policy or our handling of your Personal Information you may contact us at hello@neogracecreative.com. 

 

Terms of Use

This Terms of Use was last modified on January 3, 2022.

We are pleased that you have elected to visit and use this website, www.neogracecreative.com (the “Website” or the “Site”), operated by, or on behalf of Neograce Agency, LLC (“Neograce” or the “Company”).

Please read these Terms of Use (“Terms of Use”) carefully and ensure you understand them.  These Terms of Use, including all documents referenced herein, represent the entire understanding and agreement between Neograce and you regarding your use of this Website and supersede any prior statements or representations.  This Website’s Privacy Policy is incorporated into these Terms of Use by reference and is made a part hereof. You are not authorized to use the Website if you do not agree to all or any of these Terms of Use.

Changes to the Terms of Use

From time to time, these Terms of Use may change.  Neograce reserves the right to modify these Terms of Use without prior individual notice.  We will post changes to the Terms of Use on this Website and changes will become effective once posted.   Your continued access to or use of the Website will be deemed as acceptance by you of the then-current Terms of Use.  Please review these Terms of Use often so that you will remain abreast of our current policies.

You can tell when the Terms of Use were last modified by checking the “last updated” date that appears at the top.

Use of this Website

This Website is controlled and operated by Neograce from its offices in the United States of America, and is intended for use solely within the United States, and its territories and possessions. You must be 18 years of age to use this Website. Neograce makes no representation that this Website, or the materials contained hereon, are appropriate for users located in other countries.  Those who choose to access this Website from other countries do so on their own initiative and are responsible for compliance with all laws in that country, if and to the extent that such  laws are applicable.

Access to, distribution and/or use of this Website are subject to all applicable laws and regulations.  To the extent that access to, distribution and/or use of this Website would be deemed illegal by applicable law, such access, distribution and/or use is prohibited.  Each time you visit any area on the Website, you are deemed to have confirmed your acceptance to these Terms of Use and the Website’s Privacy Policy.  If you do not agree to abide by these Terms of Use and the Privacy Policy, please do not use this Website.

By participating in the activities offered on this Site, you affirm, represent and warrant that:  (a) you are 18 years of age or older and reside in the United States; (b) all information you submit via the Website shall be truthful and accurate (and you will maintain the accuracy of such information); (c) you will abide by these Terms of Use; and (d) your use of the Website shall not otherwise violate any applicable law, rule or regulation.

Neograce may terminate your right to access and/or use this Website at any time.

Use of Materials

Materials on this Website, including but not limited to sound recordings, images, reports, trademarks, compilations, and graphics (collectively referred to as the “Materials”), are protected under various intellectual property laws and owned or controlled by Neograce, or used with permission of the owner(s) of such Materials.  The display of Materials at this Website does not imply that a license of any kind has been granted to you.

Neograce hereby grants you permission to use the Website and the Materials as set forth in these Terms of Use, provided that:

  • your use of the Website and Materials as permitted is solely for your personal, noncommercial use;
  • you will not copy or distribute any part of the Website and Materials in any medium and you will not “frame” the Website or any Materials in any site you create or operate without Neograce’s prior written authorization; you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website; and,
  • you will otherwise comply with these Terms of Use and applicable laws.

Except as otherwise indicated on this Website, copying, reproducing, uploading, downloading, transmitting or any other use of this Website or of any of the Material, in whole or part, without the express permission of Neograce, is prohibited.  Any unauthorized access to, use or copying of this Website and/or the Materials may subject you to liability under applicable law, and may result in legal action.

Privacy

Please see Neograce’s Privacy Policy for information concerning the collection and use of Personal Information from this Website.

Links

The Website may contain links to other websites and to social media sites and pages (collectively, “other sites”) that are not controlled and/or maintained by Neograce.  Access to and use of such other websites is at your own risk and subject to any Terms of Use and Privacy Policies which govern other sites.  By providing such links, Neograce shall not be deemed to endorse, recommend, approve, guarantee or introduce any third parties or their services or products, or any facts, views, advice, information, promotions and/or products found on other sites.  Neograce is not responsible for the content contained on other sites, or for the failure of any product or service offered for sale or advertised on any other sites or for any damages that may result therefrom.  Copyrights in the materials or information on the linked other sites are owned and/or controlled by other organizations.  Moreover, such other sites may have privacy policies or terms of use that differ from those of the Website and/or may provide their users with less security than the Website. Accordingly, you should review the privacy policies and terms of use on such other sites before using them.

Limitation of Liability and Use Disclaimer

Neograce endeavors to make sure that all information and data it originates on the Website is accurate.  However, Neograce is not responsible for any damages or loss related to the use of this Website or the products and/or services provided through the Website.

THIS WEBSITE, ALL MATERIAL CONTAINED ON THIS WEBSITE, AND ALL LINKS OR OTHER ITEMS RELATED THERETO ARE TRANSMITTED AND DISTRIBUTED “AS IS” AND TO THE FULLEST EXTENT PERMITTED AT LAW WITHOUT GUARANTEES, REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED (BY STATUTE OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, THAT THE WEBSITE AND/OR ITS FEATURES AND FUNCTIONS WILL BE AVAILABLE FOR USE OR WORK AS DESCRIBED.  THERE ARE NO GUARANTEES, REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS REGARDING TITLE, SECURITY, ACCURACY, ACCEPTABLE QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE WEBSITE OR THE MATERIALS CONTAINED HEREON.  ANY INFORMATION CONTAINED WITHIN OR ON THIS WEBSITE IS SUBJECT TO AMENDMENT, REVISION OR UPDATING. NEOGRACE RESERVES THE RIGHT TO SUSPEND OR WITHDRAW ACCESS TO THE PAGES OF THIS WEBSITE WITHOUT NOTICE AT ANY TIME AND TO THE FULLEST EXTENT PERMITTED AT LAW, ACCEPTS NO RESPONSIBILITY FOR THESE PAGES NOT BEING AVAILABLE AT ALL TIMES.

UNLESS PROHIBITED BY LAW, NEITHER NEOGRACE (INCLUDING ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES), NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE, SHALL BE LIABLE FOR ANY ALLEDGED DAMAGE OR INJURY WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY COMPENSATORY, PUNITIVE, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL AND/OR ANY OTHER DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE OR ACCESS THIS WEBSITE OR FROM ANY MATERIALS CONTAINED HEREON OR FROM ANY COMPUTER VIRUS, MALFUNCTION OR OTHER FAILURE. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN WHICH CASE THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY LAW, NEOGRACE MAKES NO GUARANTEES, WARRANTIES,REPRESENTATIONS OR CONDITIONS ABOUT THE ACCURACY OR SUITABILITY FOR ANY PURPOSE OF THE SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND TO THE FULLEST EXTENT PERMITTED BY LAW ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER FROM ACCESS TO, REPRODUCTION, DISTRIBUTION AND/OR USE OF THIS WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO, REPRODUCTION, DISTRIBUTION OR USE OF NEOGRACE’S SECURE SERVER AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREON, (IV) ANY INTERRUPTION OF OR CESSATION OF THE SITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED VIA THE SITE AND/OR BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OF TRANSMITTED INFORMATION OR DATA, OR DAMAGE THAT IS THE RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE BY OR THROUGH THE WEBSITE.

Neograce is not responsible for any damages or loss related to your reliance on any outdated version of these Terms of Use, including, but not limited, to any outdated version of our Privacy Policy.

Your Responsibilities

You are responsible for undertaking suitable precautions to scan for computer viruses and maintaining a backup of all data and/or equipment.

Indemnity

Unless prohibited by law, you will indemnify Neograce, and each of its parent, subsidiary and affiliated entities, furnishing entities, officers, directors, members, employees, representatives, licensees, agents, successors, assignees and partners, from and against any and all claims, demands, losses, liabilities, damages, costs and expenses (including but not limited to attorneys’ fees) suffered, incurred or brought against any one or more of them by a third party relating to, or arising from or in connection with: (i) your breach or alleged breach of any of your representations and/or warranties set forth in these Terms of Use; (ii) your use of the Website; and/or (iii) any violation of these Terms of Use.  You agree that your representations and warranties, and your obligation to indemnify Neograce, shall survive beyond any term for which these Terms of Use are in effect.

Electronic Communications

When you communicate with Neograce electronically, via email or otherwise, you consent to receive electronic communications from Neograce. You may opt out of receiving electronic communications from Neograce at any time. You agree that all communications (including, but not limited to all notices, agreements and disclosures) provided to you electronically by Neograce satisfy any legal requirement that such communication be in writing.  Neograce encourages you to retain your own copies of relevant information; however, upon your written request, Neograce will provide you with a copy of any information you have provided to Neograce.  To make such a request, please contact hello@neogracecreative.com.

Acquisition of Business

In the event that Neograce and/or any of its affiliated entities is involved in a merger, acquisition, consolidation, restructuring, reorganization, liquidation, sale or similar transaction relating to any portion of its business and/or assets, you hereby acknowledge and agree that this Website, all data collected on this Website, and all rights of Neograce and its affiliated entities hereunder may be included in the assets of, and/or transferred pursuant to, such transaction.  If that occurs, Neograce will post a notice to such effect on this Website.

Contact Us

If you have any questions concerning this Website or any of the policies set forth in these Terms of Use, please contact us at:

                        Mailing address: 1516 North Palethorp St,

Philadelphia, PA 19122

                        Electronic Mail Address:  hello@neogracecreative.com

Copyright Infringement – Notice and Take-Down Policy

Neograce values intellectual property and respects the intellectual property rights of others, and will remove materials on its Website that infringe the copyrights of others.  If you believe that your copyrighted material has been infringed by material contained on this Website, you should provide the following notice to Neograce:

                        Mailing Address:  1516 North Palethorp St,

Philadelphia, PA 19122

                        Electronic Mail Address: hello@neogracecreative.com

In your notice, you must include the following:

    1. a physical or electronic signature of the owner of an exclusive right that is being infringed or of a person authorized to act on behalf of such owner;
    2. identification of the copyrighted work(s) that is (are) allegedly being infringed;
    3. identification of the materials that are causing the infringement and that are to be removed, along with sufficient information to allow Neograce to locate such materials;
    4. contact information (e., name, address, email address) sufficient to enable Neograce to contact you;
    5. a statement to the effect that you have a good faith belief that the complained of use of the material was not authorized by the owner of the copyright, its agent or the law; and
    6. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly being infringed.

U.S. Export Controls

Software and the products obtained through or related to this Website may be subject to United States export controls or the export controls of other countries from where you access the Site. No software or products may be downloaded from the Website or otherwise exported or re-exported in violation of U.S. or other countries’ export laws, as applicable.  Downloading or using the software or products is at your sole risk. 

Disputes and Governing Law

Use of this Website and these Terms of Use shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions.  In the event that any portion of these Terms of Use are deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, in any jurisdiction for any reason, unless narrowed by construction, such portion of these Terms of Use shall, for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable portion had been more narrowly constructed so as not to be invalid, prohibited or unenforceable (or if such provision cannot be drawn narrowly enough, the tribunal making any such determination shall have the power to modify such portion of these Terms of Use to the extent necessary to make such portion of these Terms of Use enforceable in such jurisdiction, and such portion shall then be applicable in such modified form in such jurisdiction).  If, notwithstanding the foregoing, any such portion of these Terms of Use would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such portion, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions set forth in these Terms of Use.  No narrowed construction, modification or invalidation of any portion of the Terms of Use shall affect the construction, validity or enforceability of such portion in any other jurisdiction. No waiver by Neograce of any term or condition of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and Neograce’s failure to assert any right or demand compliance with any provision of these Terms of Use shall not be deemed to constitute a waiver of any such right or provision.

Except where prohibited by law, as a condition of your acceptance of these Terms of Use and/or accessing and/or using this Website, you agree that (1) any and all disputes and causes of action arising out of or connected with this Website shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration in New York within one year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association; and (2) judgment upon such arbitration award may be entered in any court having jurisdiction.  To the fullest extent permitted by law, no arbitration brought pursuant hereto shall be joined to any other action or arbitration.

The rules governing arbitration are different than those in court.  Arbitration does not involve a judge or jury and review is limited, but an arbitrator can award the same damages as a court.   You understand that by accepting these Terms of Use, you are giving up your right to a trial in court, either with or without a jury.

To the fullest extent permitted at law, under no circumstances will you be permitted to obtain an award for, and by accessing and/or using the site you waive all rights to claim punitive, incidental, consequential or any other damages (including multiplied and/or increased damages and/or attorneys’ fees and court costs) for, any dispute or cause of action that you may have that relates in whole or part to this Website and/or the Materials. Notwithstanding anything to the contrary set forth in these Terms of Use or otherwise, your recovery with respect to any and all claims, judgments, and awards for which you are entitled shall, to the fullest extent permitted at law, be limited to your actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs.

Notwithstanding anything to the contrary set forth in these Terms of Use, Neograce may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of New York and/or in any other court chosen by Neograce, in the event that Neograce believes that there is a violation, or a threatened violation, of any of Neograce’s intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.