Terms of Use - NewYorkLists.com

Welcome to NewYorkLists Official Website.

PLEASE READ THE FOLLOWING TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING OR USING OUR WEBSITE, INCLUDING BUT NOT LIMITED TO ALL SUBPAGES (“newyorklists.com”), YOU UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO THESE TERMS.

I. YOUR USE OF NEWYORKLISTS.COM

You agree to access and use newyorklists.com only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to your use of newyorklists.com. By accessing newyorklists.com, you agree that you will not:
1. use newyorklists.com to commit a criminal offense or to encourage others to engage in any conduct which would constitute a criminal offense;
2. use newyorklists.com in a way to give rise to civil liability or encourage others to engage in any conduct which would give rise to civil liability;
3. use newyorklists.com to impersonate other parties or entities;
4. use newyorklists.com to upload any content that contains a software virus, “Trojan Horse” or any other computer code, files, or programs that may alter, damage, or interrupt the functionality of newyorklists.com or the hardware or software of any other person who accesses newyorklists.com;
5. upload, post, email, or otherwise transmit any materials that you do not have a right to transmit under any law or contractual relationship;
6. alter, damage, or delete any content posted on newyorklists.com;
7. disrupt newyorklists.com or its servers or networks in any way; or
8. claim a relationship with or represent any business, association, or other organization with which you are not authorized to claim such a relationship or to represent.
We reserves the right to suspend any newyorklists.com account and/or suspend access to newyorklists.com if we has reason to believe that the account/access is being used for any of the prohibited purposes enumerated in Section I(A)(1-8) above. We shall provide notice of such suspension if you have provided us with an email or other electronic address or mail address when accessing newyorklists.com. (Notice shall be given to you at (one of) the address(es) provided.)

II. YOUR PASSWORDS AND ACCOUNT SECURITY

You agree and understand that you are responsible for maintaining the security and confidentiality of passwords associated with any account you use on newyorklists.com.
Accordingly, you agree that you will be solely responsible to us for all activities that occur under your account.
If you become aware of any unauthorized use of your password or of your account, you agree to notify Newyorklists immediately by visiting the Password and Account Problems page.
We reserves the right to suspend your account if we deems you are using the account in violation of Article I of these Terms above or in violation of Article II of the Terms of Use for Newyorklists ID Application (“Newyorklists.ID Application”).

III. INFORMATION YOU PROVIDE

In order to use certain aspects of newyorklists.com, you may be required to provide information about yourself. You agree that any information you give to us will always be accurate, correct and up to date. To learn how we may use such information, please visit the Privacy Policy and the Terms of Use for the Newyorklists ID Application, the latter of which addresses the creation of user accounts on Newyorklists.com.

IV. INTELLECTUAL PROPERTY

If you believe that your copyrighted work has been used or displayed on NewYorkLists.com in a way that constitutes copyright infringement, you may submit a notice pursuant to the Digital Millennium Copyright Act (DMCA) by providing the following information in writing to our designated DMCA Agent.
Digital Millennium Copyright Act (“DMCA”) Notice/Takedown Request If you believe that your work has been copied in a way that constitutes copyright infringement via its display on, or other use by, newyorklists.com, you may submit a notice pursuant to the DMCA by providing DMCA Designated Agent (see Section IV(E) below) with the following information in writing:
1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
5. a statement that you (and, if applicable, the person or entity on whose behalf you are acting) have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DMCA Counter-Notice You do not have the right to post material to newyorklists.com unless given such right by newyorklists. If we have given you permission to post an array of material to newyorklists.com, and the specific material you posted has been taken down pursuant to the DMCA, you may submit a counter-notice pursuant to the DMCA by providing Newyorklists’s DMCA Designated Agent (see Section IV(E) below) with the following information in writing:
1. your physical or electronic signature;
2. 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 access to it was disabled;
3. 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 to be removed or disabled; and
4. your name, address, and telephone number, and a statement that the you consent to the jurisdiction of the United States federal district court for the judicial district in which your address is located, or if your address is outside of the United States, that you consent for any judicial district in which jurisdiction of Newyorklists may be found, and that you will accept service of process from the person who provided notification under Section IV(B) above or an agent of such person.
You acknowledge that if you fail to comply with all of the above requirements for a DMCA Notice/Counter-Notice (as applicable), your Notice/Counter-Notice may not be valid.
For clarity, only DMCA notices should go to the Designated Agent. To request permission to use City intellectual property located on newyorklists.com, please visit the List of NYC Agencies and then contact the appropriate agency. For any other questions about newyorklists, please visit our contact page.

V. LINKS TO SITES OF NON-CITY ENTITIES

newyorklists.com may contain links to other sites on the Internet that are operated by parties other than us. We does not imply approval of the listed destinations, warrant the accuracy of any information set out in those destinations, or endorse any opinions expressed therein. Like newyorklists.com, all other websites operate under the auspices and at the direction of their respective owners who should be contacted directly with questions regarding the content of those sites.

VI. DISCLAIMERS

NEWYORKLISTS.COM AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE QUALITY, CONTENT, ACCURACY, COMPLETENESS, CURRENCY, FREEDOM FROM INTERRUPTION, FREEDOM FROM COMPUTER VIRUS, FREEDOM FROM ERRORS OR OMISSIONS, NON-INFRINGEMENT OF CONTENT PLACED ON NEWYORKLISTS.COM (WHETHER BY US OR A THIRD PARTY) INCLUDING ANY OF THE DESIGN, INFORMATION, TEXT, GRAPHICS, IMAGES, PAGES, INTERFACES, LINKS, SOFTWARE, OR OTHER MATERIALS AND ITEMS CONTAINED IN OR DISPLAYED ON NEWYORKLISTS.COM.
WE ARE NOT RESPONSIBLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (REGARDLESS OF WHETHER THEY WERE FORESEEABLE) THAT MAY ARISE FROM THE USE OF, OR THE INABILITY TO USE, NEWYORKLISTS.COM AND/OR THE MATERIALS CONTAINED ON NEWYORKLISTS.COM WHETHER THE MATERIALS CONTAINED ON NEWYORKLISTS.COM ARE PROVIDED BY NEWYORKLISTS OR A THIRD PARTY.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF NEWYORKLISTS.COM IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
CHANGES ARE MADE PERIODICALLY TO NEWYORKLISTS CHARTER AND MANY CITY LAWS, RULES, FORMS AND SCHEDULES, AND THESE CHANGES MAY OR MAY NOT BE IMMEDIATELY REFLECTED IN THE MATERIALS OR INFORMATION PRESENT ON NEWYORKLISTS.COM.

VII. MISCELLANEOUS TERMS

Nothing contained in or displayed on newyorklists.com or in these Terms constitutes or is intended to constitute legal advice by us or any of its agencies, officers, employees, agents, attorneys, or representatives.
You agree that if we do not exercise or enforce any legal right or remedy which is contained in these Terms (or which Newyorklists otherwise has under applicable law), such omission will not be taken to be a formal waiver of Newyorklists’s rights and shall not be construed to be a modification of these Terms.
If any court of competent jurisdiction rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of these Terms. The remaining provisions of these Terms will continue to be valid and enforceable.
These Terms, and your relationship with NewYorkLists under these Terms, shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-law principles. Any disputes arising out of or relating to these Terms shall be exclusively resolved in the state or federal courts located in New York County, New York. By using NewYorkLists.com, you agree to submit to the personal jurisdiction of these courts..
Newyorklists reserves the right to revise and otherwise change these Terms at any time and without notice. Any modification is effective immediately upon posting, unless otherwise stated. Your continued use of newyorklists.com following the posting of any modification signifies your acceptance thereof. You should periodically visit this page to review the current Terms of Use.
These Terms, the NEWYORKLISTS.COM Privacy Policy, and, if you use it, the Terms of Use of the NEWYORKLISTS.ID Application, constitute the entire agreement between you and Newyorklists with respect to your use of NEWYORKLISTS.COM and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Newyorklists with respect to newyorklists.com. These Terms shall be deemed to include all other notices, policies, disclaimers and other terms contained in NEWYORKLISTS.COM and its subpages; provided, however, that in the event of a conflict between such other terms and these Terms, the inconsistent terms shall control in the following descending order: (1) NEWYORKLISTS.ID Application (if applicable); (2) these Terms and the NEWYORKLISTS.COM Privacy Policy; and (3) other terms contained in NEWYORKLISTS.COM and its subpages.
Technical inquiries regarding the newyorklists.com domain should be directed to [email protected].

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