Terms of Use

 

Last updated: 03/29/2018

Please note that New York Trib is under constant development. New services are added frequently and Terms of Use, therefore, may be modified and updated. Please check back to this page regularly.

Read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the http://www.newyorktrib.com website (the “Service”, “Website”).

For purposes of these Terms of Use, “Content” is defined as any information, data, communications, software, text, documents, photos, video, graphics, music, sounds, and other materials that can be viewed by Users using our Services.

Your access to and use of the Service is conditional on your acceptance of and compliance with these Terms. These Terms apply to all visitors, email digest subscribers and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. These Terms of Use will take effect when you first commence using our Service.

Linking and Advertisements

New York Trib contains links to third-party websites and services that are not owned or controlled by New York Trib. We provide these links to you based on the RSS feeds and data APIs that certain third party websites provide. 

New York Trib does not endorse the content on any third-party Web sites. New York Trib is not responsible for the content of linked third-party sites and does not make any representations regarding their content, accuracy or non-infringement. New York Trib does not endorse any product advertised on this Site.

New York Trib has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You should be aware that both the terms of use and the privacy policies of linked sites may differ from those of New York Trib. Your use of third-party Web sites is at your own risk and subject to the terms of use of such sites.

You further acknowledge and agree that New York Trib shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

If you operate a website and wish to link to the Services, you must link to the Website’s home page unless permission to do otherwise has been granted in writing by an authorized representative of New York Trib. You may contact New York Trib for this permission using this form. New York Trib reserves the right to reject or terminate any links to the Services.

Changes; Termination

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. Please check back to this page regularly.

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Our services could include technical or other mistakes, inaccuracies or typographical errors. New York Trib is excused from liability for discontinuation, non-delivery, delay in delivery or imposing limits on the use of or access to the services or any part thereof for any reason.

Parental Permission

This Website is not intended to be a children’s site, therefore, some of the available information may concern certain topics that may not be appropriate for children. New York Trib may require users under 18 to obtain the consent of a parent or guardian to view certain content. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.

Intellectual Property

New York Trib, including its layout and design, are protected by United States copyright law and other applicable laws and are the exclusive property of New York Trib or its licensors (except as otherwise identified) and, except as expressly provided herein, New York Trib does not grant any express or implied right in any such materials to you. In particular and without limitation, New York Trib owns the copyright in the Services as a collective work and/or compilation.

All copyrights and trademarks not the property of New York Trib that are used or referred to in the Services are the property of their respective owners and may be subject to other or additional restrictions.

Permitted use

You may not violate or attempt to violate the security of the Service, including by, without limitation:

– accessing data not intended for you or logging into a server or account with you are not authorized to access,

– attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,

– attempting to interfere with Services to any user, host or network, including, without limitation, via means of submitting a virus to the Service, overloading, conducting “denial 

  of Services attacks”, “flooding”, “spamming”, “mailbombing” or “crashing”,

– sending unsolicited e-mail, including promotions and/or advertising of products or services,

– forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting,

– attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Service.

– using any of New York Trib’s or any third party trademarks, trade names, service marks, copyrights or logos  in any manner which creates the impression that such items     

  belong to or are associated with you or, except as otherwise provided herein, are used with New York Trib’s consent

Violations of system or network security may result in civil or criminal liability. New York Trib will investigate occurrences which may violate such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

As User of the Services you acknowledge and agree to the following:

– You are 13 years or older to use the Services.

– Content available through the Website is provided “AS IS,” and you are solely responsible for your reliance on and use of such content.

–Your use of the Services is solely at your own risk. In addition to your obligations under the Indemnity section of these Terms, you agree to indemnify, defend and hold harmless New York Trib, its affiliates, licensors and suppliers, and the directors, officers, employees, agents, licensees, representatives and independent contractors of the foregoing from any and all claims, liabilities, costs, damages or losses they may incur (including, without limitation, attorney’s fees) arising out of a violation or alleged violation by you of these policies or arising from content posted by you in the Communities. 

New York Trib is willing to provide reasonable assistance to ensure a good user experience. However, given the technical nature of ad blocker and similar software, we are unable to provide such assistance if you use such software.

Disclaimers

You expressly agree that use of the services is at your sole risk

The services, all tools, content, material, information or postings found on the Website are provided on an “AS IS” basis without warranties of any kind, either express or implied.

New York Trib is not liable for any damage arising from any infection by computer viruses, Trojan Horses and other malicious code which may result from your use of the Services, so you should ensure that you use adequate, up to date, anti-virus software. 

Limitation Of Liability

In no event will New York Trib, its officers, directors, employees, agents, sponsors, advertisers, parents, affiliates, successors or assigns, be liable to any party for any indirect, special, punitive, incidental or consequential damages or any other damages arising in any way out of the availability, use, reliance on, or inability to use the Website, even if New York Trib or its agents shall have been advised of the possibility of such damages, and regardless of the form of action, whether in contract, tort, or otherwise; or (ii) for any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of the Website. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, New York Trib’s liability shall be limited to the extent permitted by law.

You acknowledge that if no fees are paid by you for the Website, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from New York Trib or its affiliates, regardless of the cause of action.

Indemnity

You agree to indemnify, defend and hold harmless New York Trib, its licensors and sponsors, all of their affiliates, and all of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys’ and professionals’ fees and court costs) arising out of any third party claims based on or related to your use of the New York Trib or any breach by you of these Terms.

DMCA Notice and Customer Care 

You agree that you will not upload or transmit any communications or content of any type that infringe or violate any rights of any party. It is the policy of New York Trib not to permit materials known by New York Trib to be infringing to remain on the Website. You should notify New York Trib promptly if you believe any materials on the Website, including advertisements, or materials available on or through links, frames, indexes, and directories linked to this Site, infringe a third party copyright.

Upon New York Trib’s receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), New York Trib will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.

Please contact New York Trib via Contact form or at: team@newyorktrib.com

Jurisdiction

New York Trib is based in New York City, New York, in the United States of America. New York Trib makes no claim that the Content is appropriate or may be downloaded outside of the New York State. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree that the laws of the State of New York, excluding its conflicts-of-law rules, shall govern these Terms. Please note that your use of the website may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with New York Trib or relating in any way to your use of the Website resides in the courts of the State of New York, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York, in connection with any such dispute and including any claim involving New York Trib or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

Nature of Relationship

No joint venture, partnership, employment, or agency relationship exists between you and New York Trib as a result of these Terms or your utilization of the Services.

Severability; Waiver

These Terms of Use constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements with respect to that subject matter.

If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Privacy Policy

For information on our privacy practices, please see our Privacy Policy, which is hereby incorporated into these Terms.

Contact Information

All notices to us must be sent to the attention of Customer Service at team@newyorktrib.com