TERMS OF USE

 TERMS OF USE

 

1. Terms


By using The NewYorkNatives.com web site and service (the “Service”), which is operated by New York Natives, Inc. (“Company”), you are agreeing to be bound by these Terms of Use.


Please read these Terms of Use carefully before registering or using the Service. If you do not accept these Terms of Use, then you may not use the Service. These Terms of Use are subject to change at any time and effective when posted on the Service. Your continued use after such notice will constitute acceptance by you of such changes.


2. Registration


You may use the Service without registration, but in order to take advantage of some aspects of the Service, you will need to register for an account. Your account is for your sole, personal use, you may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for the security of your password and will be solely liable for any use or unauthorized use under such password.


The Service may provide you with an opportunity to share and upload, or submit to public forums, contests, sweepstakes, programs or other aspects of the Service, your photos, videos, text and other information (collectively any submission or derivative thereof is referred to as “Content”). You hereby grant Company a perpetual license to use, redact, republish, copy, sell, distribute, perform and distribute your Content and screen name, including any intellectual property contained therein, in any medium now known or hereinafter developed without payment or compensation to you and without seeking any further approval from you as part of the Service or in support of the Service through advertising and marketing. You acknowledge that nothing contained within your Content would require us to seek permission of a third party in order to use the Content as described in these Terms of Use. You also agree to waive any moral rights, or right to any residual payment associated with Content if such Content is published, sold, distributed, or otherwise commercially exploited.


3. Disclaimer


The materials on New York Natives’s web site are provided “as is”. New York Natives makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Furthermore, New York Natives does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.


4. Use


You are solely responsible for the Content that you post on the Service or transmit to other users and agree that you will not hold Company responsible or liable for any Content from other users that you access on the Service.


Categories of prohibited Content below are merely examples and are not intended to be exhaustive. Company will make the sole determination as to whether or not Content is acceptable for the Service. Without limitation, you are that you will not post or transmit to other users anything that contains Content that:


1. Is defamatory, abusive, obscene, profane or offensive.


2. Infringes or violates another party’s intellectual property rights (such as music, videos, photos or other materials for which you do not have written authority from the owner of such materials to post on the Service).


3. Violates any party’s right of publicity or right of privacy.


4. Is threatening, harassing or that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.


5. Promotes or encourages violence.


6. Is inaccurate, false or misleading in any way.


7. Is illegal or promotes any illegal activities.


8. Contains personal information of any party such as phone numbers, addresses, license plate numbers etc.


9. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.


10. Contains any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.


Company is under no obligation to screen or monitor Content, but may review Content from time to time at its sole discretion to review compliance with this Terms of Use. Company will make all determinations as to what Content is appropriate in its sole discretion. We may include, edit or remove any Content at any time without notice.


You understand that when using the Service, you will be exposed to Content from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable. If you do so object, you should not use the Service.


You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Service. Furthermore, you may not use any such automated means to manipulate the Service or attempt to exceed the limited authorization and access granted to you under these Terms of Use. You may not resell use of, or access to, the Service to any third party.


5. Voting


From time to time, certain aspects of the Service may involve voting through a variety of mechanisms potentially including web-based and/or mobile voting. Company reserves the right to adjust the outcome of any voting associated with the Service if it believes, in its sole discretion, that any mechanism of fraud, abuse, or automated voting has influenced the result. Furthermore, Company will consider the outcome of voting in association with the Service, but may use other factors in addition to voting to determine various aspects of the Service associated with voting.


6. Links


New York Natives has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by New York Natives of the site. Use of any such linked web site is at the user’s own risk.


7. Site Terms of Use Modifications


New York Natives may revise these terms of use for its web site at any time. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.


8. No Warranties


THE SERVICE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, IS PROVIDED “AS IS” AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SERVICE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE SHALL NOT BE LIABLE FOR THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN PROVIDED BY THIRD PARTIES. IN NO EVENT WILL WE BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR OTHER CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, EACH OF WHICH IS HEREBY EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


If any part of these warranty disclaimers or limitations of liability is found to be invalid or unenforceable for any reason or if we are otherwise found to be liable to you in any manner, then our aggregate liability for all claims under such circumstances for liabilities, shall not exceed the lesser fifty dollars ($50).


Indemnity. You agree to defend, indemnify and hold harmless Company, its officers, directors, employees, business partners and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) any breach by you of any of these Terms of Use, (ii) your Content, (iii) your use of materials or features available on the Service (except to the extent a claim is based upon infringement of a third party right by materials created by Company) or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject


9. Governing Law


The laws of the State of New York shall govern these Terms of Use. YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK FOR ALL MATTERS ARISING IN CONNECTION WITH THESE TERMS OF USE OR YOUR ACCESS OR USE OF THE SERVICE.


Any claims asserted by you in connection with the Service must be asserted in writing to Company within one (1) year of the date such claim first arose, or such claim is forever waived by you. Each claim shall be adjudicated individually, and you agree not to combine your claim with the claim of any third party.


Digital Millennium Copyright Act (“DMCA”) Notice. Materials may be made available via the Service by third parties not within our control. We are under no obligation to, and do not, scan content used in connection with the Service for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party’s copyright to remain on the Service.


If you believe any materials on the Service infringe a copyright, you should provide us with written notice that at a minimum contains:


1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.


2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.


3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.


4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.


5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.


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 an exclusive right that is allegedly infringed.


Waiver; Remedies. The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms of Use by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other term of these Terms of Use. Our rights and remedies under these Terms of Use shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.


All DMCA notices should be sent to our designated agent at info [at] newyorknatives.com