Terms and Conditions

This website is owned and operated by NY Interconnect, LLC (“NYI” or “us”). These Website Terms of Use (“Terms of Use”) informs visitors of the rules and policies that govern this website. By using this website, you agree to abide by these Terms of Use. We may change these Terms of Use at any time. We will notify you of such changes by posting the revised Terms of Use on this website. We encourage you to periodically review these Terms of Use to inform yourself of any changes. The revised Terms of Use will be effective on the date it is posted unless the revised notice states otherwise. Your accessing or use of this website after the effective date of the revised Terms of Use will constitute your acceptance of the revised these Terms of Use. If you do not agree with these Terms of Use, or any of our posted guidelines, please do not use this website.

 

Please note, other websites owned and operated by NYI may have different or additional terms of use, privacy policies or other terms and policies.

 

Visitor Information

All information gathered from visitors by this website will be governed by our Website Privacy Policy, which is incorporated in these Terms of Use by reference. If there is a conflict between the terms of these Terms of Use and our Website Privacy Policy, the terms of the Website Privacy Policy will prevail.

 

Visitors are responsible for providing accurate, timely and complete information to us and our operational and promotional providers, partners, sponsors, agents and affiliates in connection with a visitor’s participation and/or use of this website. Your membership and/or participation in our website activities will be canceled without notice if, at any time, we discover that you have provided false information. NYI, its operational and promotional providers, program producers and promoters, parents, partners, affiliates, subsidiaries and sponsors are not liable or responsible for any claims relating to any inaccurate, untimely, false or incomplete information provided to us or from a visitor’s failure to fully comply with any provision of these Terms of Use.

 

If necessary, and in accordance with applicable law, NYI will cooperate with local, state and/or federal authorities to protect our website, visitors, parents, partners, affiliates, subsidiaries and operational and promotional providers or to prevent unauthorized use of this website.

 

Participation Eligibility

To participate in certain website activities, events, services or features, such as sweepstakes and/or promotional events, you must meet certain eligibility requirements, such as the designated minimum age requirements (for example, 18 years of age or older). We will establish specific rules and terms for participation in each activity or event and will post this information on our website. Any additional posted policies or requirements on our website for such activities or events will be incorporated into these Terms of Use. To the extent there is a conflict between any additional posted requirements and these Terms of Use, the posted requirements for a specific activity or event will govern.

 

Visitors may be required to select a password, user name, or other security item for certain website features. You are responsible for maintaining the confidentiality of your password and any other registration information. You agree to immediately notify us of any unauthorized use of your password or other registration information and further agree to indemnify and hold NYI, its parents, affiliates, subsidiaries, operational providers and partners harmless for any improper or illegal use of your password or registration information.

 

Website Content

This website contains material, content and design elements, including code and software (collectively, the “Material”) supplied by NYI and its affiliates, parents, and subsidiaries, as well as other sources, such as third party operational and marketing partners, and is protected by copyrights, trademarks, servicemarks, patents, trade secrets, or other proprietary rights and laws. Although we try to ensure that the Material on this website is accurate and error-free, from time to time the Material may include inaccuracies or typographical errors. We are not responsible for any such inaccuracies or errors. We reserve the right to make changes and update any material and/or information contained on this website without prior notice.

 

Except as expressly authorized by NYI, visitors may not modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, adapt or create a derivative work of, in any manner, any Material obtained from this site. Notwithstanding the above, visitors may print or download the Material from this site only for personal or non-commercial use, provided that the visitor does not republish the Material and keeps intact all copyright, trademarks, servicemarks, patent and other proprietary notices.

 

Use of the Material for any purpose not expressly permitted in these Terms of Use is prohibited. As noted above, reproduction, copying, or redistribution for commercial purposes of the Material on this site is strictly prohibited without the express written permission of NYI. Visitors are also prohibited from framing NYI’s website or linking to any other page except NYI’s homepage without the express written permission of NYI. For information on requesting such permission, please send a written request to:

 

NY Interconnect, LLC

530 Fifth Avenue

New York, NY 10036

Attn: Legal Department

 

Decisions to grant or deny permission are within the sole discretion of NYI.

 

Visitors’ Submissions and Postings

Visitors represent and warrant that they are the owner or otherwise have the right to provide any information or materials (including pre-existing materials) that they post, upload or transmit for use in public or private areas on this website. Each visitor is responsible for all content that a visitor posts, e-mails, transmits, uploads or otherwise makes available through our website. You agree not to use this website to make available any content that:

 

  • is unlawful, harmful to adults or minors, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  • infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person;
  • contains unauthorized advertising or solicits other visitors; or
  • is intended to interrupt, destroy or limit the functionality or integrity of any computer software, hardware or Materials on this website.

Visitors hereby grant NYI, its parents, affiliates, and subsidiaries an irrevocable, royalty-free, perpetual, non-exclusive, worldwide license to use, copy, display, modify, edit and create derivative works from and distribute any information or materials that visitors post, upload or transmit in areas on our website. NYI, its parents, partners, affiliates, subsidiaries, directors, officers, employees and any contract or operational providers will not be responsible for the action of any visitors or third parties with respect to any information, material or content posted, uploaded or transmitted via our website. Each visitor agrees to indemnify and hold NYI, its parents, affiliates and subsidiaries harmless from any claim or demand, including reasonable attorneys fees, made by any party arising out of information or materials that the visitor posts, uploads, transmits or submits on our website.

 

Any non-personal information you provide to us by e-mail, including, but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, shall be deemed to be non-confidential and we assume no obligation to protect such non-personal information contained in the e-mail from disclosure. The submission of non-personal information to us shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas or the like by NYI, its parents, affiliates, subsidiaries or operational providers for any purpose, and NYI, its parents, affiliates, subsidiaries and operational providers shall be free to reproduce, use, disclose and distribute such information to others without liability or restriction.

 

Copyright Infringement Claims

NYI respects the intellectual property rights of third parties and is committed to complying with all U.S. copyright and related laws. You may not store, distribute or otherwise disseminate any material or content over this website in any manner that constitutes an infringement of third party intellectual property rights, including but not limited to copyrights. Pursuant to the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, NYI reserves the right, in its sole discretion, to suspend or terminate, in appropriate circumstances, access to this website by anyone who NYI reasonably believes to be infringing third-party copyright or other intellectual property rights, including repeat infringers. This policy is in addition to and does not affect or modify any other rights that NYI may have under law or contract.

 

If a copyright holder believes in good faith that materials being hosted by NYI or otherwise stored on its network infringe on its rights, the copyright holder (or its agent) may send NYI a notification in accordance with the requirements set forth in the DMCA, requesting that NYI remove or block access to the infringing material. The notification must be sent to:

 

NY Interconnect, LLC

530 Fifth Avenue

New York, NY 10036

Attn: Legal Department

 

All notifications sent to NYI by the copyright holder must be in writing and include the following:

 

  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 on this website 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 NYI to locate the material;
  4. Information reasonably sufficient to permit NYI to contact you, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the copyright owner or its agent 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; 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.

 

Upon receipt of a written notification that is compliant with the above terms, NYI will respond promptly to remove or disable access to the material alleged to be infringing. NYI will also take reasonable steps to promptly notify the poster(s) of the affected material that we have removed or disabled access to that material.

 

If as a poster of material on this website, you receive a notification of copyright infringement from NYI, pursuant to the DMCA you may file a counter notification to NYI. Upon receipt of a counter notification that satisfies the requirements of the DMCA, NYI will provide a copy of the counter notification to the copyright holder who sent the original notification of claimed infringement and will follow the DMCA’s procedures with respect to a received counter notification. In all events, you agree that NYI will not be a party to any dispute or lawsuit regarding alleged copyright infringement.

 

Termination

Any conduct that violates these Terms of Use, or any additional posted policies or requirements, in any way may result in the suspension or termination of the visitor’s registration and access to this website, in NYI’s sole discretion, in addition to any other legal remedies.

 

Choice of Law and Forum

This website is originated and located in the United States, and these Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules. Any dispute arising out of or relating to these Terms of Use or your access or use of this website will be subject to the exclusive jurisdiction of the courts located within the state of New York, and you hereby submit to the personal jurisdiction of such courts. If any provision in these Terms of Use is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of these Terms of Use shall remain in full force and effect.

 

Access to Interactive Areas

Any submissions by visitors to an interactive part to this website, such as chat rooms, bulletin boards (also known as message boards) or auditoriums or product reviews (collectively identified as “Interactive Areas”) will be public and posted in public areas on this website. Although we reserve the right to delete or edit any postings that come to our attention which we deem unacceptable or inappropriate in our sole discretion, we do not have the obligation to monitor or review all postings. We will not be responsible for any information or materials posted by visitors in these Interactive Areas and participation may be subject to additional terms and conditions.

 

Third Party Links

This website may contain links and pointers to other sites and resources on the Internet controlled by third parties. These links are provided solely as a convenience to our visitors and do not constitute an endorsement by NYI, its parents, affiliates or subsidiaries of any third party resources or content. Links do not imply that NYI sponsors, is affiliated or associated with, or otherwise recommends, certifies or endorses the third party link or site. Any concerns regarding external links or websites should be directed to the respective website administrator or system operator. NYI reserves the right, in its sole discretion, to terminate links with any third parties or other websites that it deems inappropriate or inconsistent with our website.

 

Purchases

You may be able to make purchases from select third party vendors through our website. Although we attempt to be as accurate as possible with regard to product descriptions and pricing or other product information displayed on our website, we do not warrant that product descriptions, pricing, or other content of this website is accurate, complete, reliable, current, or error-free. In addition, we do not assume any responsibility or liability for the actions, inactions, product, and content of any of these third parties. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these third parties or the content of their websites. You should carefully review their privacy statements and other conditions of use and sale.

 

Indemnification

You agree to indemnify, defend and hold harmless NYI, its parents, affiliates, subsidiaries, operational or promotional providers, program producers, sponsors, and partners from and against all liabilities, losses, claims, damages and expenses, including attorney’s fees, arising out of your use of this website, or your violation or alleged violation of these Terms of Use.

 

Disclaimer of Warranties

This website is provided “AS IS.” You agree that your use of this website is at your sole risk. NYI does not warrant, either expressly or by implication, the accuracy of any Materials or information provided on this website or their suitability for any particular purpose, and expressly disclaims all warranties, including, but not limited to, warranties of merchantability or fitness for a particular purpose. Although the information provided to visitors on this website is obtained or compiled from sources we believe to be reliable, NYI cannot and does not guarantee the accuracy, validity, timeliness, completeness or reliability of any information or data made available to visitors or its suitability for any particular purpose.

 

Neither NYI, nor any of its parents, partners, affiliates, subsidiaries, members, directors, officer, employees, agents, operational or promotional providers, program producers or sponsors are liable or shall have responsibility of any kind to any visitor for any loss or damage that a visitor incurs in the event of (i) any failure or interruption of this website; (ii) any act or omission of any third party involved in making this website or the data contained herein available to visitors; (iii) any other cause relating to a visitor’s access or use, or inability to access or use, any portion of this website or Materials on this website; (iv) any visitor’s interaction or submissions on this website, including, but not limited to, resume or employment submissions or dialogue between hosts; (v) or from any visitor’s failure to comply with these Terms of Use, whether or not the circumstances giving rise to such cause may have been within the control of NYI or any vendor providing software, services or support. In no event will NYI, its parents, partners, affiliates, subsidiaries, members, officers or employees be liable to any visitor of this website for any direct, special, indirect, consequential, or incidental damages or any other loss or damages of any kind even if NYI, its affiliates or any other party has been advised of the possibility thereof.

 

Please be advised that once you leave our website, your use of the Internet will be governed by the terms of usage agreements and privacy policies, if any, of the particular website that you are accessing, including those of our operational providers, advertisers, vendors, sponsors and promotional partners. NYI, its parents, partners, affiliates, subsidiaries, members, directors, officers, employees and agents will not be responsible or liable for the content, activities, or privacy practices of the other websites, or any loss or damage that could result from leaving our website.

 

Effective April 5, 2018