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All In NYC Toolkit T&Cs

All In NYC: Terms & Conditions

Thank you for your interest in All In NYC! Once you have reviewed the Terms & Conditions, please provide your contact information below and click the button to agree and download the tool kit.

Terms and Conditions

By clicking “I Agree” below, you acknowledge and agree to the below:

I am entering into a non-exclusive, royalty-free license to use the artwork and/or logos (the “Material”) accessed from this page to participate in All In NYC (the “Campaign”).

My use of the Material is subject to my full compliance with all of these terms (the “Terms”) and the best practices and direction as provided by NYC & Company.

If I do not fully comply with the Terms, this license can be terminated immediately and I will immediately stop using the Materials. My failure to do so will result in immediate and irreparable harm to NYC & Company (the “Licensor”) and the City of New York.

I acknowledge and agree that all of the Materials are owned and/or controlled by the Licensor and that my use of the Materials will inure to the benefit of Licensor. I acknowledge that ALL IN NYC/the Campaign is a proprietary program of NYC & Company. NYC & Company may promote such uses of the Materials that derive from use of this tool kit (e.g., by showcasing on social media, press or website). I grant NYC & Company the right to use my (or the business/company I represent) trademarks, including corporate logos and name in connection with the Campaign.

I agree that I will not do anything inconsistent with Licensor’s ownership of the Material; will not further license the Material; will not use the Material for any commercial purpose, product produced for sale nor will I further license or sublicense the Material; I will not use the Material in any manner that is illegal or illicit and I will not use in any manner that is disparaging or offensive to either of the Licensor or the Campaign; and I will not alter, change or modify the Material or add my own designs, branding, logo, trademark or service mark to the Material without submitting to NYC & Company for approval.

I will use the Material only for the list of acceptable items and source any items through manufacturers and distributors whom I shall be responsible for. Listed here within the tool kit is a suggested list (however, any manufacturer or distributors used must be in accordance with the Terms and the highest industry standards) and I agree to the Terms for suppliers set forth herein.

This license is governed by the laws of the State of New York without regard to its choice of law rules, and I agree to submit to the jurisdiction of courts located in New York City in the event of a dispute.

All items to which the Materials are applied will be intended only for use by adults and meet or exceed any local, state or federal regulations that may apply. For example, jewelry, buttons, pins, flags must comply with relevant Consumer Product Safety Commission https://cpsc.gov/Business--Manufacturing/Business-Education or ASTM Guidelines to which the CPSC may refer manufacturers or distributors for particular products; and for example, pins or jewelry intended for adults: https://www.astm.org/Standards/F2999.htm.

I shall be responsible for and ensure that: all items to which the Materials are applied will be safe for their intended use; and that all items to which the Materials are applied will be sourced or made in manufacturing facilities that comply with standards that protect the health and safety of their workers, pay minimum wages, do not used forced or child labor, do not discriminate based on the personal characteristics of employees and do not abridge their associational or speech rights.

I will defend, indemnify and hold harmless the Licensor to the fullest extent permitted by law for any claims, judgments, demands, causes of action, damages, losses, costs and expenses, including but not limited to reasonable attorneys’ fees, which may be made or asserted in connection with the manufacture, design, distribution, advertising, promotion of and the use of any items to which the Materials are applied and/or the use of Materials, whether or not such use complied with the Terms of this license.

During the term of this license and for a period of three (3) years after the last date of distribution of any item to which the Materials are applied, I will carry commercial general liability insurance, including but not limited to product liability coverage, with insurer(s) that may lawfully issue the required policy and have an A.M. Best rating of at least A-/”VII”, a Standard & Poor’s rating of at least A, a Moody’s investors service rating of at least A3, a Fitch Rating of at least A-, or a similar rating by any other nationally recognized statistical rating organization acceptable to the Licensor. The commercial general liability insurance must: (a) be in an amount of at least one million dollars ($1,000,000) per occurrence for bodily injury and property damage, one million ($1,000,000) for personal and advertising injury, two million dollars ($2,000,000) policy aggregate, and two million dollars ($2,000,000) products/competed operations; (b) be at least as broad as that provided by the latest edition of either ISO form CG 20 26 or ISO form CG 20 36. Policies of insurance provided pursuant to these Terms/this Agreement shall be primary and non-contributing to any insurance or self-insurance maintained by Licensor. In the event that I fail at any time to carry insurance as required herein, I shall immediately notify Licensor thereof and Licensor shall have the right to terminate the license issued under these Terms/this Agreement. The existence of such insurance shall in no way limit Licensor’s rights under these Terms, at law or in equity, including rights to be indemnified under these Terms.

I waive all rights against the Licensor, including their employees, for any damages or losses that are covered under any insurance required by these Terms (whether or not such insurance is actually procured or claims are paid thereunder) or any other insurance applicable to my operations.

Changes to the Campaign, modifications to the tool kit or its Terms may be made at NYC & Company’s sole discretion. If changes are made, I agree to follow NYC & Company’s direction.

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