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NY.tv Terms and Conditions


Last updated on February 22nd, 2012.


The following terms and conditions apply to the use of the websites www.NY.tv and the all NY.tv mobile applications (collectively, the "Site"). By accessing, viewing, crawling, or in any way using the Site, you agree to these terms and conditions of use and our privacy policy (collectively, the "Terms and Conditions").

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THE SITE YOU ARE AGREEING TO THE TERMS AND CONDITIONS. DO NOT USE THE SITE IF YOU DO NOT WANT OR CANNOT BE BOUND BY THE TERMS AND CONDITIONS OF USE.

1. DEFINITIONS


A "user" is a person who views, crawls, scrapes, or in any other way uses the Site. The terms "you" and "your" refer to you as a user of the Site. The terms "we", "our", "us", and "NY.tv" refer to Media Ventures, LLC and/or its subsidiaries.

"Content" refers to text, images, photos, audio, video, and all other forms of information, media or communication.

"NY.tv Content" is Content that we create and present on the Site.

"Your Added Content" is Content that you contribute, submit or transfer to or through the Site, such as ratings, reviews, photos, videos, invitations, geo-tags and information that is displayed as part of your member profile.

"User Generated Content" is Content that users submit or trandsfer to or through the Site.

"Third Party Content" is Content that is presented on the Site by parties other than NY.tv or its users.

"Site Content" is all Content that is presented on the Site, including NY.tv Content, Your Added Content, User Generated Content and Third Party Content.

2. USE OF THE SITE

Use of NY.tv not intended for minors under the age of 18 ("Minors").   Minors are not authorized by NY.tv to use NY.tv, even if Minors set up an Account or accept the terms of any Terms of Use or User Agreement.  Parents or Guardians may authorize Minors between the ages of 13 and 17 to use NY.tv, but only on the condition that the Minor's parents or legal guardians assume all responsibility and legal liability for the conduct of such Minor including, without limition, monitoring the Minor's access and use of NY.tv, as well as any content that is accessed through NY.tv.   If NY.tv learns that anyone under the age of 13 is using NY.tv, NY.tv will require verified parental or guardian consent in accordance with the Children's Online Privacy Protection Act of 1998 ("COPPA"). 

If you use the Site on behalf of a business, entity or organization, you must be an authorized representative of that business, entity or organization with the authority to bind it to the Terms and Conditions, an authority that is exercised by your use of the Site.

3. MODIFICATIONS TO THE TERMS AND CONDITIONS

We reserve the right to modify the Terms and Conditions periodically. When modifications are made, we will notify you by making the new version available on this page on the Site along with an indication at the top of the page as to the last revision date.


We suggest you visit this page regularly and read the latest version of the Terms and Conditions, as you will be bound by them if you use the Site.


All modifications to the Terms and Conditions will be effective immediately following their presentation on this page. If you continue to use the Site after a modified version of the Terms and Conditions, you indicate that you accept to be bound by them.


4. MEMBER ACCOUNTS


In order to be able to use all of the features of the Site, you may be required to create a member account and provide us with information about yourself.


It is your responsibility to keep your member account credentials (username and password) confidential.


You are responsible for all actions performed through your member account. You agree to notify us immediately of any unauthorized use of your account. We have the right to terminate your account at any time.

We suggest that you use real and complete information in your Member Account so as to represent yourself accurately on the Site. You may not impersonate another person, register using an email address other than your own, or maintain more than one Member Account.


If you are an authorized representative of a business, entity or organization and you have claimed its profile on the Site, then all actions performed on that profile must be performed solely for the purpose of accurately representing that business, entity or organization on the Site. Also, Your Added Content on the profile of the business, entity or organization must be accurate.


5. RESTRICTIONS OF SITE USE

You hereby agree that you will not, and will not assist or enable others to:

use the Site to threaten, stalk, defraud, incite, harass, or advocate the harassment of another person, or otherwise interfere with another user's use of the Site;

use the Site to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;

use the Site for promotional or commercial purposes, except as expressly allowed in writing by NY.tv;

use the Site in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting shill reviews;

use the Site for keyword spamming or to otherwise attempt to manipulate natural search results;

use the Site to promote bigotry or discrimination against protected classes;

use the Site to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

use the Site to submit or transmit pornography or illegal content;

use the Site to solicit personal information from minors or to harm or threaten to cause harm to minors;

use the Site in violation of the Terms and Conditions or any applicable law;

modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by NY.tv;

reverse engineer any portion of the Site, except as may be permitted under the law;

remove or modify any copyright, trademark or other proprietary rights notice on the Site or on any materials printed or copied off of the Site;

record, process, or mine information about other users;

use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Site or any Site Content without express permission;

reformat or frame any portion of the Site;

take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on NY.tv's technology infrastructure;

attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means; use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively,"Viruses"); use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; make excessive traffic demands; use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.

6. PERMISSION TO USE YOUR ADDED CONTENT

We may use Your Added Content in a number of different ways, including displaying it on the Site, reformatting it, incorporating it into other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms ("Other Media"). As such, you irrevocably grant us permission to use Your Added Content for any purpose. You also irrevocably grant the Site's users and the users of any Other Media the right to access Your Added Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Added Content.


7. RESPONSIBILITY FOR YOUR ADDED CONTENT

You alone are responsible for Your Added Content. You assume all risks associated with Your Added Content, including anyone's reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in Your Added Content that makes you personally identifiable.


You represent that you own, or have the necessary permissions to use, and authorize the use of, Your Added Content as described herein. You may not imply that Your Added Content is in any way sponsored or endorsed by NY.tv. You may expose yourself to liability if, for example, Your Added Content violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.

8. USE OF CONTENT


We may remove or reinstate User Content from time to time at our sole discretion. For example, we may remove a review if we believe it violates our content guidelines. We have no obligation to retain or provide you with copies of Your Added Content, nor do we guarantee any confidentiality with respect to Your Added Content. NY.tv and its licensees may display advertisements and other information adjacent to or included with Your Added Content on the Site and other Media. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.


9. COPYRIGHT NOTIFICATION AND COUNTERNOTIFICATION POLICY


Notification


NY.tv respects the intellectual property rights of others and expects Users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf,  NY.tv will respond expeditiously to claims of potential copyright infringement committed using the Site. Copyright owners or a party authorized to act on behalf of an owner, should report potential copyright infringement by completing the following DMCA notice and delivering it to NY.tv's  Designated Copyright Agent. Upon receipt, NY.tv will take whatever action, in its sole discretion, it deems appropriate, including removal of the potentially infringing material and/or termination of the potential infringer's Account.


Please send either an email to copyright@onlinepr.tv (Subject: DMCA Notification), a facsimile to: (646) 514-1698 (Attn: DMCA Notification), or letter to the address provided below with all of the following information:


  • 1. Identify the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. 
  • 2. Identify 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 locate the material. Providing URLs in the body of an email is the best way to help NY.tv locate Content quickly. 
  • 3. Provide Information reasonably sufficient to permit NY.tv to contact you, the complaining party, such as an address, telephone number, and, if available, an electronic mail address. 
  • 4. A statement that you, as the complaining party, or as one who has authorization to act on behalf of the copyright owner, has 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. As an example, "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner or its agent."
  • 5. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. As an example, "I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed." 

  • 6. Provide your full legal name and your electronic or physical signature.

Such written notice should be sent to NY.tv's designated agent as follows: 

Online.tv Productions LLC
Attn: DMCA Notification
228 Park Avenue South
#32004

New York, NY 10003-1502 



Counternotification


The process for counter-notifications is governed by Section 512(g) of the Digital Millennium Copyright Act:http://www.copyright.gov/legislation/dmca.pdf. To file a counter-notification with NY.tv, a written communication that sets forth the items specified below must be provided.


Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. NY.tv will terminate any User who is a repeat infringer. Accordingly, any User is not sure whether certain material infringes the copyright of others, should contact an attorney.

1. Elements of Counter-Notification To file a Counter-Notification, please send either an email to copyright@onlinepr.tv (Subject: DMCA Counter-Notification), a facsimile to: (646) 514-1698 (Attn: DMCA Counter-Notification), or letter to the address provided below with all of the following information:

To expedite NY.tv's ability to process counter notifications, please use the following format (including section numbers):


  • (a) Identify the specific URLs of material that NY.tv has removed or to which  NY.tv  has disabled access. 
  • (b) Provide your full name, address, telephone number, and email address, and the username of the Account. 
  • (c) Provide a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or New York County, New York if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person. 
  • (d) Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled." 
  • (e) Sign the notice. If you are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted.

Such written notice should be sent to NY.tv's designated agent as follows:

Online.tv Productions LLC
Attn: DMCA Counter - Notification

228 Park Avenue South
#32004
New York, NY 10003-1502 

 


After NY.tv receives a counter-notification,  NY.tv will forward it to the party who submitted the original claim of copyright infringement. Please note that when  NY.tv forwards the counter-notification, it will includes any personal information provided to NY.tv and submitting a counter-notification requires unencumbered consent to having such information revealed in this way. NY.tv will not forward the counter-notification to any party other than the original claimant. 

After  NY.tv sends out the counter-notification, the claimant must then notify NY.tv within ten (10) days that he or she has filed an action seeking a court order to restrain the infringer from engaging in infringing activity relating to the material distributed via NY.tv. If NY.tv receives such notification, NY.tv will be unable to restore the Content to NY.tv until resolution of any court action. If NY.tv does not receive such notification, NY.tv may, at its sole discretion, reinstate the Content. 


10. SITE AVAILABILITY

We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.

11. UNAUTHORIZED ACCESS

We reserve the right to exercise whatever lawful means we deem necessary to prevent unauthorized access to or use of the Site, including, but not limited to, technological barriers, IP mapping, and contacting your Internet Service Provider (ISP) regarding such unauthorized use.

12. INVESTIGATIONS

We are under no obligation to monitor the Site or Site Content. However, we reserve the right to investigate possible violations of the Terms and Conditions, ban users from the Site, and refer matters to law enforcement authorities for further investigation. We may disclose information to third parties, including Your Added Content, in accordance with the Privacy Policy.

13. FEEDBACK

Dissatisfaction: If you are dissatisfied with the Site, please provide feedback through our Contact Us page. Your only other remedy with respect to any dissatisfaction with the Site, the Terms and Conditions, any policy or practice of NY.tv in operating the Site, or any content or information transmitted through the Site, is to terminate the Terms and Conditions and your member account.

Suggestions and Improvements: By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that your Feedback does not contain the confidential or proprietary information of third parties, that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, that we may have something similar to the Feedback already under consideration or in development, and that you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.

14. TERMINATION

We may terminate or suspend your account or ability to use the Site, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. For example, we may terminate or suspend your account or ability to use the Site if you breach the Terms and Conditions or are suspected of involvement in illegal activity. Any such termination or suspension could prevent you from accessing your account, the Site, Your Added Content, Site Content, or any other related information.

You may terminate the Terms and Conditions at any time by closing your account, discontinuing your use of any and all parts of the Site, and providing NY.tv with a notice of termination by email to Support@NY.tv with the sub-topic "Terminate my account". If you terminate your account, we will use commercially reasonable efforts to stop displaying your account profile on the Site, but may continue to display Your Added Content.


15. ADVERTISING

If you or an entity you represent agree to advertise on NY.tv, you are bound by the Terms & Conditions for Advertising.


16. OWNERSHIP

We own the NY.tv Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user reviews and ratings, and all other elements and components of the Site excluding User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the NY.tv Content and the Site, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the NY.tv Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the NY.tv Content are retained by us.

17. WARRANTIES, DISCLAIMERS AND LIMITATIONS OF LIABILITY

THE SITE AND ALL SITE CONTENT IS MADE AVAILABLE TO YOU ON AN "AS IS" BASIS. NY.tv MAKES NO WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO (1) THE OPERATION AND FUNCTIONALITY OF THE SITE, (2) THE ACCURACY, INTEGRITY, COMPLETENESS, QUALITY, LEGALITY, USEFULNESS, SAFETY, AND IP RIGHTS OF ANY OF THE SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF BUSINESS REVIEWS AND BUSINESS INFORMATION LISTED ON THE SITE, AND (3) THE PRODUCTS AND SERVICES ASSOCIATED WITH THE SITE OR SITE CONTENT, INCLUDING BUT NOT LIMITED TO THE PRODUCTS AND SERVICES SOLD BY BUSINESSES LISTED ON THE SITE. NY.tv FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU OBTAIN FROM NY.tv OR THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED HEREIN.


NY.tv DISCLAIMS ALL LIABILITY FOR ANY (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (B) LOSS OF PROFITS, (C) BUSINESS INTERRUPTION, (D) LOSS OF OR DAMAGE TO REPUTATION OF NY.tv OR ANY THIRD PARTY, OR (E) LOSS OF INFORMATION OR DATA.

NY.tv FURTHER DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THE SITE AND SITE CONTENT. YOUR USE OF THE SITE AND SITE CONTENT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO ANY LOSS OF DATA OR DAMAGE TO YOUR COMPUTER FROM VIRUSES THAT MAY BE DOWNLOADED TO YOUR COMPUTER IN THE COURSE OF USING THE SITE.

NY.tv ALSO DISCLAIMS ALL LIABILITY FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR COMMUNICATIONS OR DEALINGS WITH ANY OF THE BUSINESSES, ADVERTISERS, OR USERS ON THE SITE. YOUR COMMUNICATIONS OR DEALINGS WITH SUCH BUSINESSES, ADVERTISERS, AND USERS ARE SOLELY BETWEEN YOU AND THEM, THOUGH NY.tv RESERVES THE RIGHT TO MONITOR DISPUTES BETWEEN YOU AND THEM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU RESIDE IN SUCH A JURISDICTION, THE ABOVE LIMITATIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.

NY.tv'S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION (WHETHER SUCH LIABILITY ARISES DUE TO NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE AMOUNT PAID, IF ANY, BY YOU TO NY.tv IN CONNECTION WITH THE SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (II) EURO €100.00.

18. INDEMNITY

You agree to indemnify and hold NY.tv, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of your access to or use of the Site, your violation of the Terms and Conditions, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. NY.tv reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of NY.tv. NY.tv will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

19. THIRD PARTY SITES

The Site may include links to other websites (each, a "Third Party Site"). We do not control or endorse any Third Party Site, and you agree that we are not responsible for the availability or contents of such Third Party Sites.

Some of the Site's mapping features are powered by Google Inc., the use of which is also governed by the terms of use located at http://maps.google.com/help/terms_maps.html (or such other URL as may be updated by Google Inc.).

20. VARIOUS

If there is any dispute about or involving the Site or NY.tv, you agree that any such dispute will be governed by the laws of Delaware without regard to its conflict of law provisions.

No agency, partnership, joint venture, or employment is created as a result of the Terms and Conditions, and you do not have any authority of any kind to bind us in any respect whatsoever.

We may provide you with notices, including those regarding changes to the Terms and Conditions by email, regular mail or postings on the Site.

Except as otherwise stated above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.

The Terms and Conditions contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms and Conditions.

Any failure on our part to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

If any provision of the Terms and Conditions is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms and Conditions shall otherwise remain in full force and effect and enforceable.

The Terms and Conditions are not assignable, transferable or sublicensable by you except with NY.tv's prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of the Terms and Conditions shall be void.

21. CONTACT

Please contact us with any questions regarding the Terms and Conditions and report any violations of the Terms and Conditions to Support@NY.tv.

22. TRADEMARKS AND LOGOS

NY.tv, the NY.tv Logo and any relevant slogans are registered or unregistered trademarks owned by NY.tv.

23. CONCERNS

If you have any concerns about material which appears on the Site, please contact Support@NY.tv.


Thank you for visiting NY.tv.


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