1. ACCEPTANCE OF TERMS
NYC & Company welcomes you to its website, nycgo.com (the “Site”). The following Terms of Service (“Terms”) govern the use of the Site (the “Service”). By using or visiting the Site, including but not limited to, participation in its bulletin boards, postings, blogs or user profile, you are expressly agreeing to be bound by these Terms and to follow these Terms and any applicable laws and regulations. NYC & Company reserves the right to change the Terms, at any time, without notice. Your failure to follow these Terms may result in suspension or termination of your access to the Service, without notice.
2. LANGUAGE OF THE TERMS
Where NYC & Company has provided you with a translation of the English-language version of the Terms, you agree that the English-language version shall govern your relationship with NYC & Company and that NYC & Company provided the translation solely for your convenience. Should there exist any contradiction between the English-language version and a translation, the English-language version shall take precedence.
3. YOUR REGISTRATION OBLIGATIONS
4. USE OF SERVICE
The Service is intended for your own personal and noncommercial use. You may not authorize others to use the Service. You agree you will not sell, lease, rent or provide any good or service or otherwise transact on the Site. You hereby represent and warrant that you are the owner or otherwise have the right to provide any materials that you upload, post, email, transmit or otherwise make available via the Service. The Site contains materials supplied by NYC & Company and its members, affiliates, partners and subsidiaries, as well as other sources, and is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by NYC & Company, you may not reproduce, modify, copy, republish, post, transmit, upload, distribute, sell, license, rent or adapt or create a derivative work of, in any manner, any material, content or design elements obtained from the Site.
5. MEMBER CONDUCT
You agree not to use any obscene, indecent, disrespectful and/or offensive language, including any libelous, defamatory, obscene, pornographic or otherwise illegal material on the Site. Any abusive or discriminatory language on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc., will not be permitted. In addition, you may not place on the Site any material that is encrypted, is junk mail or unauthorized advertising, commercial offers, political content, contains links to inappropriate websites, or encourages conduct that would constitute a criminal offense, give rise to civil liability or that otherwise violates any local, state, federal or international law or regulation. You may not post any message, or otherwise, that contains personal information, invades anyone’s privacy or that contains email addresses, URLs, phone numbers and postal addresses. You agree to not post any information intended to impersonate other users (including names of other individuals or groups) or that contains offensive or inappropriate user names or signatures. You agree to use the Site only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
Spamming: You are not allowed to post the same message repeatedly or post “off-topic” messages; such items will be removed and your rights to use the Services may be immediately terminated, at the sole discretion of NYC & Company.
6. CHILDREN UNDER AGE 18
NYC & Company does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register. If you are under 18, please do not attempt to register on this website or send any information about yourself to us, including your name, address, telephone number or email address. No one under age 18 may provide any personal information to or on this website. In the event that we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible. You may not have to be a member to participate in certain contests, sweepstakes and/or special events; however, you must meet the designated minimum age requirements for the specific matter. NYC & Company will establish specific rules and terms for participation in each contest, sweepstakes and/or special event and will post this information on the Site.
7. USE OF MATERIAL POSTED BY YOU
User hereby grants to NYC & Company and its affiliates and subsidiaries an irrevocable, transferable, paid-up, royalty-free, perpetual, unrestricted worldwide license to use, reproduce, translate, sublicense, copy, print, display, modify, edit and create derivative works from and distribute or otherwise use and reproduce any information or materials, including, but not limited to, reviews, messages, comments or content that users post, upload, submit or transmit in areas on the Site without compensation, notification or other consideration to the user in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes.
8. SITE EDITING AND DELETIONS
NYC & Company reserves the right, but undertakes no responsibility, to review, edit, alter or delete any material provided, or any part thereof, submitted or uploaded on the Site by the user, in its sole discretion, without notice. NYC & Company has no obligation to display, authorize or otherwise use or display on the Site any reviews, comments or other materials or information submitted or provided by the user.
9. MATERIALS POSTED BY OTHERS
NYC & Company hereby disclaims any responsibility or liability with respect to any information or materials posted by others, including defamatory, offensive or illicit material, or other material or information that violates the Terms herein.
Authorized users are able to post reviews of events, businesses and other entertainment features listed on the Site. Reviews do not reflect the views of NYC & Company; its parent, affiliates or subsidiaries; or their respective employees, officers or directors. NYC & Company hereby disclaims any responsibility or liability for any review or for any claims, damages or losses resulting from any use of the Site or the materials contained therein.
11. THIRD-PARTY SITES
The Site may contain links or produce search results that reference or link to websites wholly owned and controlled by third parties (“Third-Party Site”). NYC & Company hereby disclaims any responsibility or liability for the accuracy or inoffensiveness of the content or information that is contained and/or provided by the Third-Party Sites. By using the Site to link to a Third-Party Site, you agree that NYC & Company will not be liable to you for any damages or losses from your use of the Site to link to the Third-Party Site.
13. CONTESTS, PROMOTIONS OR GAMES
From time to time, NYC & Company may offer as part of the Services, either on or through the Site, contests, promotions or games (collectively, "Games"). To participate in Games, players may be required to complete a registration form. Upon submission, all registrations become the exclusive property of NYC & Company. Registered users (each, a "Registered User") are permitted only one account. Registered Users with more than one account are subject to immediate disqualification from any Game, unless the description of the Game expressly invites a user to register multiple times. NYC & Company, at its sole discretion, may suspend or revoke the registration of any Registered User.
Registered Users agree to release NYC & Company and its agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any of Game located on, or accessed through, the Site. NYC & Company is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any Registered User's ability to participate in any Game.
Each Registered User agrees to be bound by the rules of any Game. A Registered User who violates any of the rules or guidelines for behavior published on the Site, or the site where the Game is conducted, are subject to immediate disqualification and revocation of their registration. NYC & Company is under no obligation to award any prize to any Registered User who violates a published rule or guideline.
Some Games may offer prizes to Registered Users. All prizes are subject to the official game or contest rules published with that Game.
The content, organization, design elements, graphics, text, images, video, compilation, advertising, marks and all other material on the Site are protected under applicable copyrights, trademark and other proprietary (including but not limited to intellectual property) rights and are the property of NYC & Company or its licensors. The copying, distribution, modification, unauthorized use or publication by you, directly or indirectly, of any such matters or any part of the website, including but not limited to the removal or alteration of advertising, except for the limited rights of use granted hereunder, is strictly prohibited.
All contents of this website are: ©2015 NYC & Company, Inc.
15. LIABILITY DISCLAIMER
You acknowledge that you are using the site at your own risk. The information on this site is provided "as is." The information, software, products and services published on this website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. NYC & Company, Inc., and/or its affiliates may make improvements and/or changes on this website at any time. NYC & Company does not guarantee the accuracy, validity, timeliness or completeness of any of the information made available on this site.
NYC & Company, Inc., its affiliates and/or their sponsors, members and/or representatives make not representations about the suitability of the information, software, products and services contained on this website for any purpose. All such information, software, products and services are provided "as is," without warranty of any kind. NYC & Company, Inc., its affiliates and/or their respective sponsors, members and/or representatives hereby disclaim all warranties and conditions with regard to this information, software, products and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and noninfringement. In no event shall NYC & Company, Inc., its affiliates and/or their respective sponsors, members and/or representatives be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, the use of this website or with the delay or inability to use this website, or for any information, software, products and services obtained through the website, regardless of the type of claim or the nature of the cause of action.
NYC & Company may, but is not obligated to, provide you with notices, including those regarding changes to the Terms, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Service or other reasonable means now known or hereinafter developed.
Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by NYC & Company on the Services are subject to change without specific notice to you. In consideration for NYC & Company granting you access to and use of the Services, you agree that NYC & Company may place such advertising on the Services.
18. PASSWORDS AND ACCOUNT SECURITY
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any accounts or profiles you create and/or use to access the Services on the Site.
You agree to indemnify and hold NYC & Company and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any loss, liability, claim or demand (including reasonable attorneys' fees) from any claim made by any party due to or arising out of your use of the Site, including your use of the Site to provide a link to a Third-Party Site or to upload content or other information to the Site.
20. ENDING YOUR USE OF THE SITE
21. TERMINATION BY NYC & COMPANY
22. GENERAL INFORMATION
Choice of Law and Forum: The Terms and the relationship between you and NYC & Company shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York.
Waiver and Severability of Terms: The failure of NYC & Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that your NYC & Company account is nontransferable and any rights to your NYC & Company ID or contents within your account terminate upon your death.
23. DIGITAL MILLENNIUM COPYRIGHT ACT
NYC & Company abides by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to material residing on a site that is controlled or operated by NYC & Company (such as nycgo.com or nycandcomapny.org) that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA.
NYC & Company does not control content hosted on third party websites, and cannot remove content from sites it does not own or control. If you are the copyright owner of content hosted on a third party site, and you have not authorized the use of your content, please contact the administrator of that website directly to have the content removed.
Before serving either a Notice of Infringing Material or Counter-Notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with NYC & Company’s rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute legal advice.
Notice of Infringing Material
To file a notice of infringing material on a site owned or controlled by NYC & Company (such as nycgo.com or nycandcompany.org), please provide a notification containing the following details:
1. Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL);
2. Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
3. Your contact information so that we can contact you (for example, your address, telephone number, email address);
4. A statement that you have a good faith belief that the use of the material identified in (2) is not authorized by the copyright owner, its agent, or the law;
5. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
6. Your physical or electronic signature.
Then send this notice to:
NYC & Company, Inc.
810 Seventh Avenue, 3rd Fl.
New York, NY 10019
By email: email@example.com
If material that you have posted to a site controlled or operated by NYC & Company (such as nycgo.com or nycandcomapny.org) has been taken down, you may file a counter-notification that contains the following details:
1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
2. A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
3. Your name, address and telephone number;
4. A statement that you consent to the jurisdiction of the Federal District Court for judicial district in which your address is located or, if your address is outside of the USA, for any judicial district in which NYC & Company may be found and that you will accept service of process from the person who submitted a notice in compliance with the section (c)(1)(C) of the DMCA, as generally described above;
5. Your physical or electronic signature.
Then send this notice to:
NYC & Company, Inc.
810 Seventh Avenue, 3rd Fl.
New York, NY 10019
You should obtain legal advice to better understand your rights and obligations under the DMCA and applicable laws.
24. HASHTAG USAGE
By posting your content using NYC & Company or its programs’ hashtags such as (but not limited to) #nycgo, #YesNYCGO, #seeyourcity, #trueyorkcity, #nycandcompany, #nycgofamily, #makeitnyc, #thisisnewyorkcity, #fantasticnyc, #nycrestaurantweek, #nycbroadwayweek, #nycoffbroadwayweek, you agree that NYC & Company, its authorized agents, designees, licensees, vendors, successors and assigns (together, “NYC & Company”) may, but are not obligated to, use the content, images or video (the “Contributed Content”) and you grant NYC & Company a non-exclusive, worldwide, royalty-free, paid-up right and license to reproduce, exhibit and otherwise use or authorize the use of the Contributed Content and any portion thereof at any time and to distribute the same by any medium, for any purpose, including but not limited to the promotion of New York City. You further grant NYC & Company the right to use your name, image, likeness, appearance, voice, sounds, video or digital recordings, audio clips and the like, or that of your minor child, as such is embodied in the Contributed Content. In addition to and without limiting the foregoing, you understand that the Contributed Content may be used in advertising and promotional materials created on behalf of NYC & Company and may be displayed and shared in such locations and mediums that include, but are not limited to, online in various social media sites, websites owned or operated by or on behalf of NYC & Company, email or other potential offline channels such as LinkNYC, billboards or taxis.
You acknowledge that you are not due any credit, acknowledgement or compensation in connection with this license or use of the Contributed Content and that you do not have any rights of review, editing or approval regarding use of Contributed Content. You also acknowledge that you have no claim (including, without limitation, claims based upon invasion of privacy, defamation, right of publicity, or copyright infringement) arising out of any use, blurring, alteration, editing, distortion, faulty reproduction, or use in any composite form of the Contributed Content and you irrevocably waive in favor of NYC & Company any and all so-called moral rights, “droit moral,” rights of attribution or similar rights you may have in or to the Contributed Content.
You represent and warrant that: (i) the Contributed Content(s) does not violate any applicable laws or regulations, including without limitation any third-party copyright, trademark or other intellectual property right; (ii) you are the sole and exclusive owner of all right, title and interest in and to the Contributed Content and there is no contract, option or any other right of any person, now or at any time in the future, that may prohibit you from granting this license to NYC & Company; (iii) you (or your parent or guardian granting such right) are 18 years of age or older; and (iv) you have all necessary permissions and releases for the use of any content, names, trademarks, logos, uniforms, design, works of art or images of any person depicted in the Contributed Content.
You hereby release and discharge NYC & Company, and its respective agents, designees, licensees, vendors, successors, assigns, officers, directors, employees, from any and all claims, demands, liabilities or expenses that you may now or hereafter have or incur that arise out of or relate to use exhibition, or distribution of the Contributed Content, or the names, likeness, images or appearances embodied therein, including without limitation, claims based on rights of privacy or publicity. You agree to defend, indemnify and hold NYC & Company and the City of New York and their respective agents, designees, licensees, vendors, successors, assigns, officers and employees harmless from any and all damages, claims, liabilities, losses, suits, damage costs, or expenses arising out of or relating to: (i) a breach by you of a warranty, representation, covenant or agreement made herein; (ii) infringement of the rights or property of a third party; or (iii) your acts or omission. This license grant shall be governed and construed in accordance with the laws of the State of New York, irrespective of conflict of laws principles, and you agree that any and all claims asserted by or against NYC & Company arising under this Agreement or related thereto shall be heard and determined in a federal or state court located in the City and County of New York.
25. CONTACTING THE WEBSITE
If you have any questions about the Terms, please contact us at firstname.lastname@example.org. You may also reach us by mail at: NYC & Company, Attention: Online Services, 810 Seventh Ave., 3 fl, New York, NY 10019.