Thanks for visiting the website of New York Live Arts, Inc. (“NYLA”). The following
terms and conditions (these “Terms of Use”) govern your access to, and use of,
www.newyorklivearts.org, including any services, content, and functionality offered on
or through www.newyorklivearts.org (the “Website”). Please read the following Terms
of Use carefully before using the Website.
Your Acceptance
You understand that by using the Website, you are accepting and agreeing to be bound
and abide by these Terms of Use and our Privacy Policy, found at
http://newyorklivearts.org/about/privacy-policy.php, which is incorporated herein by reference.
Please do not use the Website if you do not agree with these Terms of Use. You
acknowledge and agree that we will not be liable if for any reason all or any part of the
Website is unavailable at any time or for any period. We reserve the right to change
these Terms of Use at any time in our sole discretion and without notice. All changes are
effective immediately when we post them. Your continued use of the Website after we
have posted changes to these Terms of Use means that you agree to be bound and abide
by the changes, so please check the Terms of Use regularly for any changes.
Your Use of the Website
You are strictly prohibited from using the Website for any unlawful purpose, or for any
other purpose that is not expressly allowed by these Terms of Use. Also, you may not
interfere or attempt to interfere with the proper operation of our site, including through
the use of any device, software or routine, or access or attempt to gain access to any data,
files or passwords related to our site through hacking, circumvention, or any other means.
We reserve the right, in our sole discretion, to deny you access to our site, or any portion
of our site, without notice.
Your Information
Please refer to http://newyorklivearts.org/about/privacy-policy.php for our Privacy Policy,
which addresses the information that we may collect from you when you use the Website.
By using the Website, you consent to all actions taken by us with respect to your
information in compliance with the Privacy Policy.
Linking and Framing
You may link to the Website’s homepage, provided you do so in a way that is fair, in
compliance with all applicable laws, and does not damage our reputation or take
advantage of it, but you must not establish a link in such a way as to suggest any form of
association, endorsement, our approval on our part without our express, written consent.
You also may not frame the Website within another website, without our express, written
permission.
Intellectual Property Rights in the Website
The Website contains various information in the form of data, text, graphics, and other
materials from NYLA and third parties (the “Content”). You acknowledge that the
Website and various elements contained therein are protected by copyrights, trademarks,
trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid
and protected in all forms, media, and technologies existing now and hereinafter
developed. You also acknowledge that the Content is and shall remain the property of
NYLA or its respective owners. You agree to comply with all intellectual property laws
and you shall not encumber any interest in, or assert any rights to, the Content. You may
not modify, transmit, participate in the sale or transfer of, or create derivative works
based on any Content, in whole or in part. However, you may: (i) print a single copy of
the Content for your own personal use, provided that you maintain any notices contained
in the Content, such as all copyright notices, trademark legends, or other proprietary
rights notices, (ii) temporarily store copies of such Content in your computer’s RAM that
are incidental to your accessing and viewing of such Content, and (iii) store files that are
automatically cached by your web browser for display enhancement purposes.
Trademarks
The trademarks, service marks, and logos used and displayed on our site are registered
and unregistered trademarks of ours. You must not use such trademarks without the prior
written permission of the NYLA. All other names, logos, product and service names,
designs and slogans on this Website are the trademarks of their respective owners.
Community Guidelines
NYLA’s community, like any community, functions best when its people follow a few
simple rules. By accessing and/or using the Website, you hereby agree to comply with
these community rules and that: (1) you will not use the Website for any unlawful
purpose; (2) you will not use the Website to engage in any commercial activities,
including, without limitation, raising money; advertising or promoting a product, service,
or company; or engaging in any pyramid or other multi-tiered marketing scheme; (3) you
will not upload, post, e-mail, transmit, or otherwise make available any content that: (a)
infringes any copyright, trademark, right of publicity, or other proprietary rights of any
person or entity; (b) is threatening, tortious, defamatory, libelous, indecent, obscene,
pornographic, invasive of another’s privacy, or promotes violence; or (c) discloses any
sensitive information about another person, including that person’s e-mail address, postal
address, phone number, credit card information, or any similar information; (4)you will
not “stalk” or otherwise harass another; (5) you will not impersonate any person or entity
or falsely state or otherwise misrepresent your affiliation with a person or entity; and (4)
you will not interfere with or attempt to interrupt the proper operation of the Website
through the use of any virus, device, information collection or transmission mechanism,
software or routine, or access or attempt to gain access to any data, files, or passwords
related to the Website through hacking, password or data mining, or any other means.
We reserve the right, in our sole and absolute discretion, to deny you access to the
Website, or any portion of the Website, without notice, and to remove any comments that
do not adhere to these guidelines.
User Submissions; Publicity
Although we encourage you to e-mail us, we do not want you to, and you should not, email us any content that contains confidential information. With respect to all e-mails
you send to us, including but not limited to, feedback, questions, suggestions, and the
like, we shall be free to use any ideas, concepts, know-how, or techniques contained in
your communications for any purpose whatsoever, including but not limited to, the
development, production and marketing of products and services that incorporate such
information.
You retain all copyrights and other intellectual property rights in and to anything you post
to the Services, including comments. You do, however, grant us an irrevocable, nonexclusive, worldwide, perpetual, royalty-free license to use, modify, copy, distribute,
publish, perform, sublicense, and create derivative works from all submissions you
provide to us in any media now known or hereafter devised and for any purpose.
Copyright Complaints
If you believe that any Content on our site violates your or a third party’s copyright,
please notify us by providing the following information to us at our e-mail address at
info@newyorklivearts.org or our mailing address via U.S. Mail at 219 W 19th St New
York, NY 10011: (1) an electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest; (2) a description of the copyrighted work
that you claim has been infringed; (3) a description of where the material that you claim
is infringing is located on our site; (4) your address, telephone number and email address;
(5) a statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent or the law; and (6) a statement by you, made
under penalty of perjury, that the above information in your notice is accurate and that
you are the copyright owner or duly authorized to act on the copyright owner’s behalf.
Links to Third Party Websites
The Website may contain links to third party websites. Any such links are provided for
your convenience only. We do not control those websites, and we are not responsible for
their contents or practices, including their privacy practices. We do not endorse the
operators of those sites, nor do we endorse or make any representations with respect to
the contents of those sites or any products and/or services that may be offered on those
sites.
Warranty Disclaimer
This Website and the Content, materials and products on this site are provided “as is” and
without warranties of any kind, whether express or implied. Neither we nor any of our
affiliates assume any responsibility for the accuracy of any information contained on the
Website, for any interruptions or errors in accessing the Website, or for any viruses or
other harmful components contained on the Website or the server from which our site is
made available. Neither we nor any of our affiliates make any warrantees or
representations regarding the use of the materials in this site in terms of their
completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or
otherwise. WE AND OUR AFFILIATES DO NOT MAKE, AND HEREBY
DISCLAIM, ANY AND ALL WARRANTIES OF ANY KIND WITH RESPECT TO
THE WEBSITE OR THE PRODUCTS OFFERED THROUGH THE WEBSITE,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT OR ANY WARRANTIES
ARISING FROM A COURSE OF PERFORMANCE, A COURSE OF DEALING OR
TRADE USAGE.
UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, OR ANY OF
OUR OR OUR AFFILIATES’ RESPECTIVE OFFICERS, DIRECTORS, MEMBERS,
MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS OR SUCCESSORS BE LIABLE
TO ANY PERSON FOR ANY DIRECT, SPECIAL, INCIDENTAL, PUNITIVE,
INDIRECT OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED
TO, LOSS OF PROFITS OR REVENUES, LOST DATA OR INFORMATION, LOSS
OF USE OF OUR SITE, BUSINESS INTERRUPTION, LOSS OF BUSINESS
REPUTATION OR GOODWILL, COSTS OF SUBSTITUTE SERVICES, OR
DOWNTIME COSTS) RELATING TO THE PRODUCTS OFFERED ON THE
WEBSITE OR RESULTING FROM ACCESS TO OR OTHER USE OF THE
WEBSITE OR RELIANCE ON ANY INFORMATION PRESENTED ON THE
WEBSITE, EVEN IF WE ARE INFORMED IN ADVANCE OF THE POSSIBILITY
OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL
PURPOSE OF ANY LIMITED REMEDY. Some jurisdictions do not allow exclusion of
certain warranties or limitations of liability, so the above limitations or exclusions may
not apply to you. Our liability in such case will be limited to the greatest extent permitted
under the law.
Indemnification
You agree to indemnify, defend, and hold us and our officers, directors, members,
managers, employees, agents, affiliates, suppliers, successors and assigns harmless from
and against any and all claims, liabilities, damages, losses and expenses (including
without limitation reasonable fees and costs for attorneys and investigations) arising out
of, based on, or in connection with your access to or other use of the Website.
Governing Law and Jurisdiction
These Terms of Use, and all matters arising directly or indirectly from your access to or
other use of the Website, shall be governed by and construed in accordance with the
internal, substantive laws of the State of New York, without regard to its conflict of laws
rules. You hereby submit to the exclusive jurisdiction of the state and federal courts
located in the State of New York, and waive any jurisdictional, venue, or inconvenient
forum objections to such courts. A printed version of these Terms of Use shall be
admissible in judicial or administrative proceedings based on or relating to these Terms
of Use to the same extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form.
Severability
If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, such
illegality, invalidity or unenforceability shall apply only to such provision and shall not in
any manner affect or render illegal, invalid or unenforceable any other provision of these
Terms of Use, and that provision and these Terms of Use generally shall be reformed,
construed and enforced so as to most nearly give lawful effect to the intent of the parties
as expressed in these Terms of Use.
Entire Agreement
These Terms of Use constitute the entire agreement between you and us with respect to
our site, and supersede all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between you and us with respect to our site.
Your Comments and Concerns
Thank you for your cooperation. We hope that you enjoy your experience on our
Website. Questions or comments regarding the Website, including any reports of nonfunctioning links, should be submitted using our e-mail address at
info@newyorklivearts.org or our mailing address via U.S. Mail at 219 W 19th St., New
York, NY 10011.
