Last Updated: March 17, 2023
Privacy and Security:
NSDRS recognizes the importance of information security and has implemented suitable physical, electronic, and managerial safeguards to protect the data we gather from and about our users. Nevertheless, NSDRS reserves the right to disclose any information deemed necessary to comply with applicable laws, regulations, legal proceedings, or government requests.
No Financial Advice:
The information in this website is provided for educational and informational purposes only, without any express or implied warranty of any kind, including warranties of accuracy, completeness, or fitness for any particular purpose. The information contained in or provided from or through this website is not intended to be and does not constitute financial advice, investment advice, trading advice or any other advice. The information on this website and provided from or through this website is general in nature and is not specific to you the User or anyone else. You should not make any decision, financial, investment, trading or otherwise, based on any of the information presented on this website without undertaking independent due diligence and consultation with a professional broker or financial advisor.
Intellectual Property Rights:
The Sites feature valuable trademarks and service marks owned and utilized by NSDRS, including but not limited to, NSDRS, and the NSDRS design logo (collectively referred to as the "NSDRS Marks"). Unauthorized use of the NSDRS Marks is strictly prohibited without the prior written consent of NSDRS. The arrangement and organization of the Sites, including but not limited to, the NSDRS Marks, pictures, text, graphics, buttons, screenshots, music, digitally downloadable files, and other content or materials (collectively referred to as the "Site Content"), are solely and exclusively owned by NSDRS.
UNAUTHORIZED COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF, OR DUPLICATING ALL OR ANY PART OF THE SITES IS STRICTLY PROHIBITED.
NSDRS uses a network of independent product and content suppliers, distributors, and other third parties to provide some of the products and content advertised on the Sites. All other trademarks, service marks, product names, package designs, and company names or logos associated with these product and content suppliers, distributors, and other third parties that are not owned by us but appear on the Sites are the property of their respective owners.
For claims of copyright infringement, please refer to our Copyright Policy.
User-Generated Content can be submitted to the Sites, including comments, blogs, and product reviews, created by both you and other users ("User Content").
You are solely accountable for your own User Content and the outcomes of publishing or posting it. Any User Content or other materials, information, or concepts that you submit, publish or post on the Sites are non-proprietary and non-confidential.
By submitting User Content, you assure and warrant to NSDRS that: (i) your User Content does not infringe any copyright, trademark, trade secret, patent, or other intellectual property right, any right of privacy or publicity of any third party or any applicable law, rule or regulation, (ii) you possess or have the legal right to use and authorize NSDRS to use your User Content, including the written consent to use any product or the name, voice, likeness or any other relevant personal rights of each recognizable person presented or referred to in your User Content and (iii) your User Content does not violate NSDRS's Acceptable Use Policy stated below.
NSDRS does not endorse any User Content or any opinion, recommendation, or advice expressed therein. NSDRS reserves the right, but is not obligated, to monitor User Content or other content sent to or through the Sites. NSDRS has the right to refuse, remove, edit or delete any User Content, and/or to terminate any user's access to the Sites for any reason. NSDRS is not responsible for User Content.
Social Media Tag Usage
If you use #NSDRS, @NSDRS, or any other similar social media tag in connection with any of the Sites, you agree to grant NSDRS an unrestricted, irrevocable, royalty-free, perpetual, fully paid-up, transferable, and worldwide license to use any uploaded images in any and all marketing materials, on NSDRS's websites, and through all social media channels. By uploading images, you represent and warrant that they do not infringe upon the intellectual property rights of any third party, including but not limited to copyrights and trademark rights.
Acceptable Use Policy
By using the Sites and submitting User Content, you agree to abide by the following rules:
Do not submit any User Content that infringes on any third party intellectual property or proprietary rights, including privacy and publicity rights, unless you have the owner's permission.
Do not upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, or racially, ethnically or otherwise objectionable.
Do not use the Sites to harm NSDRS or any person or entity.
Do not impersonate any person or entity or misrepresent your affiliation with them.
Do not forge headers or manipulate identifiers to disguise the origin of content transmitted to or through the Sites.
Do not transmit unsolicited or unauthorized advertising, promotional materials, junk mail, or any other form of solicitation.
Do not transmit content that contains computer viruses or other harmful code that could interrupt, destroy, or limit the functionality of the Sites or other computer software or hardware or telecommunications equipment.
Do not violate any local, state, national, or international laws, including those promulgated by the U.S. Federal Trade Commission or Securities and Exchange Commission.
Do not collect, store, or use personal information about other users without their consent.
Do not use the Sites to disparage or make unsubstantiated claims about any person, third party, or its/their products or services.
Do not use the Sites in a way that could overburden or impair any of the Sites or the networks or systems connected to the Sites.
Do not use any device, software, or instrumentality to interfere with the proper working of the Sites or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites.
You also agree not to violate the security of the Sites. Any violations may result in civil or criminal liability, and NSDRS reserves the right to investigate such occurrences and cooperate with law enforcement authorities in prosecuting users who have participated in such violations.
NSDRS reserves the right to refuse or limit the quantity of any product ordered and to refuse service to any customer, without prior notification. Receipt of an order number or email confirmation does not constitute acceptance of an order or a confirmation of an offer to sell. Before accepting an order, NSDRS may require verification of information. Prices and product availability on the Sites may change without notice, and NSDRS may correct any errors, inaccuracies, or omissions even after an order has been submitted. NSDRS also reserves the right to cancel any order for any reason, and to restrict or terminate your account at its sole discretion. Orders that constitute improper use of the Sites or NSDRS Rewards Program may be canceled, and items purchased at a discounted quantity may be re-priced upon cancellation.
NSDRS may include a QR code and URL with the artwork that may launch an existing or future AR experience. AR experiences are provided as a bonus or perk to collectors. We do not guarantee that AR experiences will be provided and, if they are provided, that they will be available over time.
Refunds and Returns
For a refund or replacement, please contact us via email at firstname.lastname@example.org or via the chat on this website. Please include the following information: The name on your order/ Invoice, the artwork's Unique NSDRS ID that is included in the Certificate of Authenticity, and the reason for returning/replacing. You will be solely responsible for covering all costs associated with shipping all of the items in your order back to us including artwork, frames, and certificate of authenticity. Refunds or replacements for damaged items will be considered for up to a maximum of 30 days after the order date. Once we have received and inspected the items that were returned to us wil will refund the order to the credit card you made the purchase with or other agreed-upon form of payment.
About Our Prices
The prices of NSDRS products may differ based on the Public Pricing or the Art NSDRS To the Trade Program Members Pricing. The Art NSDRS To the Trade Program Members Pricing provides exclusive discounts on artwork for logged-in members on the NSDRS Shop. To be eligible for the program, users must apply and provide proof that they are a professional Art Collector, Gallery, Interior Designer, Museum, Art Advisor, or Buyer in the Hospitality Industry. NSDRS has the right to accept or reject any application to the Art NSDRS To the Trade Program without prior notice and to terminate any membership at any time.
NSDRS does not offer price matching, and promotional codes can only be applied during the purchase process. Customer Service will not be able to make any adjustments to promotional codes after an order has been placed.
Links to Other Websites
Mobile Devices, SMS, and Mobile Applications
By opting in, you agree to receive promotional SMS text messages on your mobile device, and the frequency of messages may vary. These messages may include promotional messages, shopping cart reminders, order updates, and authentication texts. You may opt-out at any time by following the instructions provided or by texting "STOP" to the number associated with the SMS message. You will receive one further message confirming your unsubscription, after which you will no longer receive SMS messages from NSDRS. If you wish to opt-in again, you may do so at any time. For more information, please email email@example.com and reference "Questions about SMS."
By agreeing to receive SMS messages from NSDRS, you certify that you are over 18 years of age and (a) you are the mobile account holder or (b) you have the account holder's permission to enroll the designated mobile phone number and understand that message and data rates may apply. You agree that you are solely responsible for all message and data charges that apply to the use of your mobile device to access the Sites or use of a mobile application. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status, and details. Carriers are not liable for delivered or undelivered content. You understand that wireless service through Wi-Fi or a participating mobile service provider may not be available in all areas at all times and may be affected by product, software, coverage, or other service changes made by your mobile service provider or otherwise. Additional terms and conditions may apply to your use of a mobile application, based on the type of mobile device on which you install and use the mobile application.
Communications with NSDRS
When communicating with NSDRS, including feedback, questions, comments, or suggestions, please note the following: (i) your communications will not be treated as confidential and NSDRS is not obligated to keep them confidential; (ii) NSDRS may reproduce, use, disclose, and distribute your communications to others without any restrictions; and (iii) NSDRS may freely use any ideas, concepts, know-how, content, or techniques in your communications for any purpose, including the development, production, and marketing of products and services.
Disclaimer of Warranties
NSDRS strives to provide accurate and reliable information and data on the Sites, but as the information is compiled from various sources, it is provided on an "AS IS" and "AS AVAILABLE" basis. Your use of the Sites and any information contained therein is at your own risk. NSDRS explicitly disclaims all warranties and conditions, whether express or implied, including without limitation, warranties and conditions of title, non-infringement, accuracy, merchantability, and fitness for a particular purpose. NSDRS also disclaims any warranties and conditions that may arise from the course of dealing, performance, or trade usage. Please note that some jurisdictions do not allow the disclaimer of warranties or conditions, so these disclaimers may not apply to you.
Limitation on Liability
NSDRS and its affiliates will not be liable to any user of the Sites or any other person or entity for any direct, indirect, special, incidental, punitive, consequential, or exemplary damages, including but not limited to loss of profits, loss of data, or loss of use, arising from the use or inability to use the Sites or any information contained therein, including user content, whether based on warranty, contract, tort, or any other legal theory, even if NSDRS has been advised of or should have known of the possibility of such damages or losses. You acknowledge that this limitation of liability applies to all content, merchandise, and services available through the Sites or other channels. Some jurisdictions may not allow the exclusion or limitation of liability for consequential or incidental damages, in which case liability is limited to the fullest extent permitted by law. If NSDRS is found liable, our liability to you or any third party is limited to the greater of (a) the amount in dispute not to exceed the total amount you paid to us in the twelve (12) months prior to the action giving rise to the liability or (b) USD $100.
In addition, you must provide notice to NSDRS or NSDRS, pursuant to the process referenced below, of any claim within one year of its accrual or your claim is waived and time-barred.
Agreement to Resolve Disputes through Binding Arbitration; Waiver of Class Action Rights
By agreeing to arbitration, you are waiving your rights to have any Covered Dispute heard in court before a judge or jury, and to participate in any class, collective, or representative action. Additionally, any other rights that you would have if you went to court, such as access to discovery or appeals, may also be unavailable or limited in arbitration.
Mandatory Informal Dispute Resolution
NSDRS aims to resolve disputes with its customers informally before pursuing a formal arbitration. To initiate this process, you must send a detailed notice (“Notice”) to NSDRS at firstname.lastname@example.org, containing your full name, address, telephone number, email address, and information that helps identify the transaction at issue. The Notice should also include a detailed description of your dispute, the nature and basis of your claim(s), and the relief sought with a calculation. NSDRS will send a similar Notice to your email address on file with them if they have a dispute with you. You and NSDRS agree to negotiate in good faith to resolve the dispute to your satisfaction without the need for a formal proceeding. If NSDRS requests a telephone conference with you to resolve the dispute informally, you agree to participate personally (with your counsel if you are represented). If the dispute is not resolved within 60 days after receipt of a fully completed Notice, either party may initiate arbitration, provided they have complied with this mandatory informal dispute resolution process. The statute of limitations and filing fee deadlines will be paused while the parties engage in this process. Unless prohibited by applicable law, the arbitration administrator will not accept or administer any demand for arbitration unless the claimant has certified in writing that they have complied with this process. A court may enjoin the filing or prosecution of arbitrations without first providing a fully completed Notice and participating in good faith in this informal dispute resolution process.
Initiating Arbitration and Arbitration Rules
If a dispute cannot be resolved through the informal process described above, any arbitration between you and NSDRS will be administered by the National Arbitration and Mediation ("NAM"), in accordance with NAM's Comprehensive Dispute Resolution Rules and Procedures ("NAM Rules") in effect at the time the demand for arbitration is filed with NAM. You can access a copy of the NAM Rules by visiting https://www.namadr.com/resources/rules-fees-forms or by contacting NAM at its National Processing Center located at 990 Stewart Avenue, 1st Floor, Garden City, NY 11530, and email address email@example.com. If NAM is unable or unwilling to administer the arbitration, the parties agree to have the arbitration administered by the American Arbitration Association ("AAA") under the AAA Consumer Arbitration Rules and the Consumer Due Process Protocol ("AAA Rules"). If the AAA is unable or unwilling to apply this Legal Disputes Section, the parties will mutually agree on an alternative administrator to administer the arbitration. If they cannot agree, they will petition a court of competent jurisdiction to appoint an arbitration administrator.
To initiate an arbitration proceeding, you must send the demand for arbitration to the arbitration administrator, which must include a detailed description of your claim, along with the information required in the Notice and the signed certification of compliance with the informal process mentioned above (collectively referred to as "demand for arbitration"). You must sign the demand for arbitration personally. You must also send a copy of the demand for arbitration to NSDRS at firstname.lastname@example.org. If NSDRS initiates arbitration, a copy of its demand for arbitration will be sent to your email address on file with NSDRS.
The arbitration may be conducted by telephone, virtually, based on written submissions, or in person in the county where you live, or at another location reasonably convenient for you, or at a mutually agreed-upon location. NSDRS reserves the right to request an in-person or videoconference hearing within 14 days after its deadline to file any answer. After that time, NSDRS retains the right to request an in-person or virtual hearing from the arbitrator, which the arbitrator may elect to require along with your participation (with your counsel if you are represented). If a hearing is in person, it will take place consistent with the geographic parameters set forth above.
All filing, administration, and arbitrator fees will follow the NAM Rules or AAA Rules (if AAA is the designated administrator). If you experience financial hardship, NSDRS will consider your request to reimburse your portion of the arbitration fees promptly as provided in the NAM or AAA Rules.
Sole Exceptions to Arbitration:
Notwithstanding the above, either party may elect to have an individual claim heard in small claims court, provided that it is brought and maintained as an individual claim and is not appealed or removed to any court of general jurisdiction. Additionally, the parties may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Class Action Waiver:
You and NSDRS agree that any arbitration will be conducted in your individual capacities only and not as a class action or other representative action. Both parties waive their right to file a class action or seek relief on a class basis. You and NSDRS may not be plaintiffs or class members in any purported collective, private attorney general, or representative proceeding, and any claims against the other party must be brought in your or its individual capacity. If 25 or more individuals initiate arbitrations with NSDRS raising similar claims, and counsel for the individuals bringing the claims are the same or coordinated or the claims are otherwise coordinated ("Mass Claims"), special additional procedures will apply. Counsel for the individuals and counsel for NSDRS will each select 15 cases per side to be filed in and proceed in arbitration in bellwether proceedings to be resolved individually. Each case will be assigned to a separate and different arbitrator. If the parties are unable to resolve the remaining cases after the first stage of bellwether proceedings, each side may select another 15 cases per side to be filed in and proceed in arbitration in a second set of bellwether proceedings to be resolved individually. This process will continue until a maximum of 30 individual arbitration proceedings are moving forward at a time, until the parties are able to resolve all of the Mass Claims, either through settlement or arbitration. If these additional mass arbitration procedures apply to your claim, any applicable statute of limitations will be tolled from the time the first cases are selected for a bellwether proceeding until your claim is selected for a bellwether proceeding, withdrawn, or otherwise resolved. A court may enforce these mass arbitration procedures and, if necessary, enjoin the filing or prosecution of arbitrations.
You and NSDRS acknowledge that any dispute between us pertains to commerce and is governed solely by the Federal Arbitration Act ("FAA") and federal law. This includes state, local, and foreign laws that purportedly limit the availability or scope of arbitration or impose additional requirements beyond or inconsistent with those outlined in the FAA. However, California state law applies where relevant. In the event that legal action proceeds (excluding small claims court), you consent to the exclusive jurisdiction of the federal and state courts located in California.
Right to Access:
NSDRS schedules system downtime for the Sites for maintenance and other purposes. Unplanned system outages may also occur. You agree that NSDRS is not responsible and will not be held liable for: (a) any unavailability of the Sites; (b) any loss of data, information or materials due to such system outages; (c) any delay, mis-delivery or non-delivery of data, information or materials as a result of such system outages; or (d) any outages caused by third parties, including without limitation any companies or servers hosting any of the Sites, any Internet service providers or otherwise.
The NSDRS operates the Sites from its offices in the San Francisco Bay Area, CA, USA. The validity, appropriateness, or availability of the Sites and their materials for use outside the United States is not guaranteed by NSDRS. Any user accessing the Sites from outside the United States is solely responsible for complying with local laws and does so at their own risk. NSDRS reserves the right to limit access to the Sites and any services or products offered on the Sites to specific persons, geographic areas, or jurisdictions, at any time and at its sole discretion. Any software on the Sites is subject to United States export controls and cannot be downloaded or exported to certain countries, including Cuba, Iraq, Libya, North Korea, Iran, Syria, or any country subject to U.S. trade sanctions. By downloading or using any software from the Sites, you certify that you are not located in, under the control of, or a national or resident of any such country or on any such list.
If you have questions, comments, or complaints about these Terms or the Sites, please contact us at email@example.com (please reference "Questions about the Sites").