Terms and Conditions
These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with www.NYC Variety.com (the “Service”) operated by NYC Variety. (“us”, “we”, or “our”).
Please read these Terms and Conditions carefully before using the NYC Variety website (the “Service”).
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these terms and conditions, in whole or in part, please do not use the Service.
If you breach, violate, fail to follow or act inconsistently with any part of the agreement, we may terminate, discontinue, suspend, and/or restrict your account/profile, your ability to access, visit, and/or use the Service or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder, with or without notice, in addition to our remedies. In addition, we may curtail, restrict, or refuse to provide you with any future access, visitation and/or use of the services or any other product(s) or service(s) we provide. We reserve the rights in addition to our other remedies, to take any technical, legal, and/or other action(s) that we deem necessary and/or appropriate with or without notice, to prevent violations and enforce the agreement and remediate any purported violations. You acknowledge and agree that we have the right hereunder to an injunction without posting a bond to stop or prevent a breach or violation of your obligations under the Agreement.
In the event of any conflict or inconsistency between the terms and conditions of this User Agreement, and any other terms and/or conditions applicable to the Service, we shall determine which rules, restrictions, limitation, terms and/or conditions shall control and prevail in our sole discretion, and you specifically waive any right to challenge or dispute such determination.
Definitions
“You” and “your” refer to you, as a user of the Service. A “user” is someone who accesses, browses or in any way uses the Service. “We,” “us,” and “our” refer to NYC Variety.
“Content” means text, information, images, photos, graphics, audio, video, location data, and all other forms of data or communication.
“Your Content” means Content that you submit or transmit to, through, or in connection with the Service, such as ratings, reviews, messages, and information that you publicly display or displayed in your account profile.
“User Content” means Content that users submit or transmit to, through, or in connection with the Service.
“Third Party Content” means Content that originates from parties other than NYC Variety or its users, which is made available in connection with the Service.
Using The Service
We grant you permission to use the Service subject to the restrictions on these
terms. Your use of the Service is at your own risk, including the risk that you
might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
Our Consent
By continuing to use this website, you acknowledge that you have read and understood the terms and conditions contained in this Terms of Use. You further acknowledge that you are using this website for your own sole purpose and not for the benefit of a competitor.
Ownership
Unless otherwise indicated, this Website and all of its Content are owned by NYC Variety. The posting of any Content on this Website does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any Content viewed through this Website. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use this Website and its Content to display, download, archive and print in hard copy, portions of this Website on a temporary basis and for your individual use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by NYC Variety. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Feedback On The Websites
The Websites may have certain features that allow you to submit comments, information, and other materials (collectively, “Feedback”) to NYC Variety and share such Feedback with other users, or the public. By submitting Feedback through the Websites, you grant NYC Variety a license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display that Feedback for any purpose (including in testimonials or other NYC Variety marketing materials and where required to do so by law or in good faith to comply with legal process.).
By posting Content to the Service, you grant us the right and license to use, publicly perform, publicly display, modify, reproduce, creating derivative works or adaptations from it, incorporating it into advertisements and other works, promoting it, and distribute such Content on and through the Service, as well as allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby irrevocably grant us worldwide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person, and (iii) you may not imply that Your Content is in any way sponsored or endorsed by NYC Variety.
User Content (including any that may have been created by users employed or contracted by NYC Variety) does not necessarily reflect the opinion of NYC Variety. We reserve the rights to block or remove communications or materials that we determine to be: (a) abusive, defamatory, or obscene; (b) Fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or, other intellectual property right or another or;, (d) offensive or otherwise unacceptable to us in our sole discretion.
You acknowledge that, by providing you with the ability to view and distribute user-generated on the Service, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Service.
GRANT OF A LICENSE
Pursuant to the terms and conditions of this Terms of Use and the Privacy Policy, the Company grants you a non-exclusive, non-transferable license to use the website and the content provided on or through it as an individual user. This license is restricted to your personal use of the website and content provided on or through it as a Company account holder or visitor for a limited purpose. You are acquiring no other right to use artwork, designs, trade secrets, trade names, copyrighted materials, trademarks, or service marks of the Company or its affiliates or agents.
RESTRICTIONS ON USE OF MATERIALS
You may download, store, display on your computer, view, listen to, play and print materials that the Company publishes or broadcasts on the website or makes available for download through the website. The Services and NYC Variety Content are offered solely for User’s personal use for the purposes described in this Agreement. Any and all other uses are prohibited. NYC Variety expressly reserves all its rights and remedies under applicable state and federal laws. NYC Variety reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, cancel orders, or deny access to the Services. You agree not to (and not to allow any third party to): (1) use any robot, spider, scraper, or other automatic or manual device, process, or means to access the Services or copy any NYC Variety Content, except as expressly authorized by NYC Variety; (2) take any action that imposes or may impose (in NYC Variety’s sole determination) an unreasonable or a disproportionately large load on the Services or NYC Variety’s infrastructure; (3) utilize any device, software, or routine that will interfere or attempt to interfere with the functionality of the Services; (4) rent, lease, copy, provide access to or sublicense any portion of the Services or NYC Variety Content to a third party; (5) use any portion of the Services or NYC Variety Content to provide, or incorporate any portion of the Services or NYC Variety Content into, any product or service provided to a third party; (6) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Services, except to the extent expressly permitted by applicable law (and then only upon advance notice to NYC Variety); (7) modify any Services or NYC Variety or create any derivative product from any of the foregoing; (8) remove or obscure any proprietary or other notices contained in the Services or NYC Variety; (9) use the Services or NYC Variety Content for any illegal purpose; or (10) publicly disseminate information regarding the performance of the Services or NYC Variety or access or use the Services or NYC Variety for competitive analysis or benchmarking purposes.
INTELLECTUAL PROPERTY RIGHTS
The contents our Website as well as it on the whole, including, however, not restricted to, its source code, scripts, text, photographs, animation, video, software, HTML code, web apps, artwork, images and design (collectively, “Website Materials”) are protected by national and international copyright laws and treaties. All copyright and other intellectual property rights in the Website and the Website Materials are either possessed wholly by or are licensed to us.
Such Website Materials are provided for your information and personal use only and are not to be used for purposes of a business or commercial enterprise. You are not allowed to change, publish, issue or otherwise replicate any Website Materials supplied to you or that appears on the pages of this Website without prior receiving our written consent. Any unauthorized copying, alteration, distribution, transmission, performance, display, or alternative use of the Website’s Materials is prohibited.
INDEMNIFICATION
You accept to discharge and hold our employees, directors, agents, affiliates/partners, officers, shareholders, representatives, subsidiaries, agencies connected with advertising and promotion fulfilment, us, all third-party providers of information/data sources harmless of all and any damages, rights, losses, claims and actions which may rise from or in any way relate to the text materials, which may include but not be limited to: (a) unsuccessful, imperfect, distorted or late transmission of computer; (b) electronic, software, hardware, Internet, network, phone, email, computer failures, difficulties or breakdowns of any kind; (c) any kind of damages, losses, injuries rising from or connected to the use of our Services; (d) any kind of condition or disorder triggered by any events that our out of our control, which may have caused the late, corrupted or disrupted delivery of the text material; or (e) any kind errors connected with typography or print of any of the materials in connection to our Service.
Additionally, you accept to indemnify, defend and hold us unharmed from any possible demand or suite, claim, which may include those of attorney fees, created by a third party because of your use of our Service, your breach or violation of any part of these Terms of Use or any rights of a third party, any other omission or act by you.
MONITORING
The Company has no obligation to monitor this website or screen content that is shared on or through the website. The Company, however, reserves the right to review the website and content and to monitor all use of and activity on the website and to remove or choose not to make available on or through the website any content in its sole discretion. The Company may remove content that is confidential or proprietary to a third party without that third party’s permission.
TERMINATION
NYC Variety may suspend your ability to use all or any element of the Services or may terminate this Agreement effective immediately, without notice or explanation. Without limiting the foregoing, NYC Variety may suspend your access to the Services if we believe you to be in violation of any part of this Agreement (including any NYC Variety Policies). After any suspension or termination, you may or may not be granted permission to use the Services. You agree that the Company will not be liable to you or any third-party for any termination or limitation of your access to, or use of, the website or any content, including content that you may have shared.
THIRD PARTY WEBSITES, CONTENT, PRODUCTS AND SERVICES
This website contains links to websites and access to content, products, and services of third parties, including users, advertisers, affiliates and sponsors of the website. The Company is not responsible for third party content provided on or through this website or for any changes or updates to such third party websites, and you bear all risks associated with the access to, and use of, such websites and third-party content, products, and services.
ADVERTISING
NYC Variety and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode, and extent of such advertisement are subject to change without specific notice to you.
WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY
OUR SERVICE IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. IN NO EVENT SHALL OUR SERVICES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR; ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY CUSTOMER OR OTHER THIRD PARTY, AND/OR; ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SITE. WE MAY PROVIDE LINKS TO THIRD PARTY WEBSITES AS WELL AS ADVERTISEMENTS. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR SITE OR ANY HYPERLINKED SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. THESE THIRD PARTY SITES HAVE THEIR OWN PRIVACY POLICIES. WE ENCOURAGE YOU TO REVIEW THE PRIVACY POLICIES OF WEBSITES YOU CHOOSE TO LINK TO FROM SITE SO THAT YOU CAN UNDERSTAND HOW THOSE WEBSITES COLLECT, USE, AND SHARE YOUR INFORMATION. WE ARE NOT RESPONSIBLE FOR THE PRIVACY POLICIES OR OTHER CONTENT ON WEBSITES OUTSIDE OF THE SITE. AS A PROVIDER OF ONLINE SERVICES, WE ARE NOT LIABLE FOR ANY STATEMENTS, REPRESENTATIONS OR CONTENT PROVIDED BY ITS USERS IN ANY PUBLIC FORUM, BLOG, OR OTHER INTERACTIVE AREA, EVEN IF WE HAVE BEEN ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
WE FURTHER DO NOT WARRANT THAT ITS SERVICE WILL BE SECURE OR UNINTERRUPTED; THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THESE MATERIALS WILL BE ACCURATE AND COMPLETE. WE MAY MAKE CHANGES TO THESE MATERIALS AT ANY TIME WITHOUT NOTICE. WE MAKE NO COMMITMENT TO UPDATE THE MATERIALS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY US, ITS EMPLOYEES, LICENSORS, OR THE LIKE, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
We are not responsible for any problems or technical malfunction of any communication network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or through any of Our Services or combination thereof, including any injury or damage to Customer or to any person’s computer related to or resulting from participation or downloading materials (for the purpose of viewing only), in connection with our Services Governing Law
Availability, Errors, and Inaccuracies
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Technical Requirements
Use of the Services requires Internet access through your computer or mobile device. You are responsible for all mobile carrier charges resulting from your use of the Services, including from any notifications provided by the Services. NYC Variety does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers.
Modifications to Services
NYC Variety reserves the right, in its sole discretion, to modify the Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the NYC Variety website. NYC Variety shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services.
SEVERABILITY
If any of the provisions, or portions thereof, of this Agreement, are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
ASSIGNMENT
This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by NYC Variety.
WAIVER
Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
GOVERNING LAW
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of (state) and the laws of (Country), as applicable.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
CHANGES
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 15 day’s notice prior to any new terms taking effect. We will also indicate at the bottom of this page the date that the revisions were last made. What constitutes a material change will be determined at our sole discretion. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modifications will be effective upon our posting of new terms.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
All content provided on this blog is for informational purposes only. The owner of this blog makes no representations as to the accuracy or completeness of any information on this site or found by following any link on this site. The owner will not be liable for any errors or omissions in this information nor for the availability of this information. The owner will not be liable for any losses, injuries, or damages from the display or use of this information. These terms and conditions of use are subject to change at any time and without notice.”