terms of use

 
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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
In order to use certain features of the Site, you may be required to register with nycgo.com. Your personal information will be treated by NYC & Company in accordance with our Privacy Policy. In consideration of your use of the Service, you agree that any registration information with which you provide NYC & Company will always be your own personal information and is accurate, true and complete. NYC & Company reserves the right to suspend or terminate your account, in its sole discretion, and refuse any and all current or future use of the Service to you, or any portion thereof, should you fail to abide by the Terms of Use or you provide NYC & Company with any information that is not your own or inaccurate, untrue or incomplete.

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.
Standard Text Only: You are not permitted to post content other than standard English text, such as graphics, photos, audio, HTML, Javascript, etc. Content submitted with files containing viruses, corrupted files or any other materials intended to damage or intercept data from another computer is prohibited. You may not post any material that contains or links to any viruses, worms, Trojan horses, corrupted data or other harmful, disruptive or destructive files or programs. You may not in any way distribute, publish, re-transmit or cache or otherwise any of the material obtained through the Service for commercial or other unauthorized use, except as permitted by the Copyright Act or other applicable law. You agree not to disrupt, overwhelm, attack, modify or interfere with the Service or its associated software, hardware and/or servers in any way, and you agree not to hinder or interfere with others' use of the Service. You further agree not to alter or tamper with any information or materials on or associated with the Service.

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.

10. REVIEWS
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.

12.  MOBILE
NYC & Company offers mobile SMS/text messages and mobile alert updates as a text-messaging/mobile email service. You agree that these Terms of Use and NYC & Company’s Privacy Policy do apply to the mobile service. Please be advised that you may be charged a fee to send and receive messages and/or alerts based on the terms of your individual wireless service provider. Please contact your wireless service provider if you have questions about your service plan and the applicable rates.

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.

14. COPYRIGHT
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: ©2011 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, TIMLINESS 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 NO 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.

16. NOTICES
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.

17. ADVERTISING
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.

19. INDEMNITY
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
If you want to terminate your use of the Site with NYC & Company, you may do so by (a) notifying NYC & Company at any time in writing sent to the address provided herein and (b) closing your profiles for all of the Services on the Site for which you are registered, where NYC & Company has made this option available to you and in accordance with the Privacy Policy.

21. TERMINATION BY NYC & COMPANY
NYC & Company may at any time terminate your use of the Service if in its sole discretion it is determined that you are not complying with these Terms of Use or other applicable laws or regulations.

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. CONTACTING THE WEBSITE
If you have any questions about the Terms, please contact us at web@nycgo.com. You may also reach us by mail at: NYC & Company, Attention: Online Services, 810 Seventh Ave., 3 fl, New York, NY 10019.