NYRP reserves the right, in its sole discretion, to change, add or remove portions of these Terms and Conditions at any time for any reason. Any such changes are effective immediately upon posting to the Website. Accordingly, you may want to periodically review these Terms and Conditions when accessing or using the Website. Each use of the Website constitutes your agreement to be bound by and comply with the then-current Terms and Conditions. If, at any time, you do not agree to be bound by or comply with the Terms and Conditions, please do not use this Website.
2. Accuracy of Information – NYRP attempts to be as accurate as possible on the Website; however, to the extent permitted by applicable law, NYRP makes no representations or warranties that the content or information available on the Website is accurate, complete, reliable, current, or error-free. Any content or information on the Website is subject to change without notice.
The trademarks, logos, and service marks displayed on the Website (collectively, the "Trademarks") are the registered and unregistered marks of the NYRP, its affiliates, its licensors or its partners, in the United States and other countries, and are protected by United States and international trademark laws. All other Trademarks not owned by NYRP, its affiliates, its partners or its licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by NYRP.
Except as set forth in the limited license in Section 4 below, or as required under applicable law, neither the Content, the Trademarks, nor any other portion of the Website may be used, reproduced, duplicated, copied, stored, distributed, transmitted, performed, published, licensed, sold, resold, accessed, modified, used to create derivative works or otherwise exploited, in full or in part, for any purpose without NYRP’s prior written consent. NYRP hereby expressly reserves all rights not expressly granted in and to the Website, its Content and Trademarks.
4. Limited License – NYRP grants you a limited, revocable, and non-exclusive license to access and use the Website for your personal and non-commercial purposes only, and to print pages from the Website only in connection with that use.
The limited license set forth in this Section 4 does not include the right to: (i) modify or download the Website or its Content (except caching or as necessary to view content); (ii) make any use of the Website or its Content other than personal use; (iii) create any derivative work based upon either the Website or its Content; (iv) collect account information for the benefit of another party; (v) use any meta tags or any other "hidden text" utilizing NYRP’s name or the Trademarks without NYRP’s express written consent; or (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, whether automated or manual, or take any other action that may impose an unreasonable burden or load on NYRP’s infrastructure.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website for personal, non-commercial use only. A site that links to this Website (i) may link to, but not replicate, NYRP’s Content; (ii) may not imply that NYRP is endorsing such site or its services or products; (iii) may not misrepresent its relationship with NYRP; (iv) may not contain content that could be construed as distasteful, obscene, offensive, infringing or otherwise inappropriate or unlawful, and may contain only content appropriate for all ages; (v) may not portray NYRP or its products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate NYRP with undesirable products, services, or opinions; (vi) may not use any Trademark without express written permission; (vii) may not link to any page of the Website other than the home page; or (viii) unless you have obtained NYRP’s prior written approval, may not bring up or present content on this Website within another site (“framing”). NYRP may, in its sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link.
5. Your Use of the Website – Certain features of the Website, such as the blog, allow you to provide NYRP with comments or other material. While NYRP encourages you to state what is on your mind, you may not post, upload, transmit or otherwise make available any content through the Website that (i) is promotional in nature, including solicitations, junk mail, spam, chain letters, pyramid schemes or the like; (ii) is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (iii) violates or infringes the copyright, trademark, or other intellectual property rights of any third party, or is provided or posted without the permission of the owner(s) of such rights; (iv) contains software viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or (v) is harmful to minors. You are solely responsible for the content that you provide to NYRP, including the content of any comments or information posted by you, or for the content of any information accessible through any links to third party sites contained within your comment.
NYRP has the right, but not the obligation, to monitor content on the Website to determine compliance with these Terms and Conditions and to satisfy any law, regulation or authorized government request, and may edit or remove any material submitted to or posted on the Website for any reason. NYRP reviews comments to the blog before posting, so you will notice a delay from when you submit a comment to when it is posted on this Website. In its sole discretion, NYRP may choose not post your comment. Nonetheless, NYRP does not necessarily endorse, support, sanction, encourage, or agree with the comments, opinions or statements post on NYRP’s blog or elsewhere within the Website, and NYRP does not verify that comments posted are truthful, accurate or reliable.
Any unauthorized use by you of the Website or the Content terminates the limited license set forth in these Terms and Conditions without prejudice to any other remedy provided by applicable law.
6. Third Party Links – NYRP is not responsible for the content of any off-site pages or any other sites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by NYRP, its affiliates or its partners of the referenced content, product, service, or supplier. Your linking to or from any off-site pages or other sites is at your own risk. NYRP is in no way responsible for examining or evaluating, and does not warrant the offerings of off-site pages or any other sites linked to or from the Website, nor does NYRP assume any responsibility or liability for the actions, content, products, or services of such pages and sites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-site pages and other sites that you visit.
7. Representations and Warranties; Limitation of Liability – YOU AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE WEBSITE AND ALL CONTENT THEREIN ARE PRESENTED "AS IS" AND “AS AVAILABLE.” NYRP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE WEBSITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, AVAILABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. NYRP DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION AND MATERIALS ON THIS WEBSITE AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ERRORS OR OMISSIONS IN SUCH INFORMATION AND MATERIALS.
YOU AGREE THAT NYRP, ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, MEMBERS, OWNERS, AGENTS AND EMPLOYEES (THE “NYRP PARTIES”) WILL NOT BE RESPONSIBLE OR LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-SITE LINKS ON THE WEBSITE; (e) COMPUTER VIRUSES, TROJAN HORSES, WORMS OR OTHER HARMFUL COMPONENTS, SYSTEM FAILURE OR MALFUNCTION WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING DURING HYPERLINKING TO OR FROM THIRD PARTY SITES; (f) INJURY OR DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE OR (g) EVENTS BEYOND NYRP’S REASONABLE CONTROL.
FURTHER, TO THE MAXIMUM EXTENT PERMITTED BY LAW THE NYRP PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE WEBSITE OR THE CONTENT THEREIN REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF NYRP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Indemnification – You agree, at your own expense, to defend, indemnify and hold the NYRP Parties harmless for any loss, damages or costs incurred by the NYRP Parties, including reasonable attorneys' fees, resulting from or in connection with any third party claim, action, or demand resulting from (i) your use of the Website; (ii) your infringement of any intellectual property right of any third party, or of any right of personality or publicity or (iii) any content that you input, post, upload, distribute, e-mail, transmit or otherwise make available through the Website. You shall not in any event settle any matter without the written consent of NYRP. NYRP reserves the right to, in its sole discretion and at its own expense, assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
9. Disputes – With respect to any dispute regarding the Website, your rights and obligations and all actions contemplated by these Terms and Conditions shall be governed by the laws of the State of New York, as if the Terms and Conditions were a contract wholly entered into and wholly performed within New York, and without regard to the conflict of law principles of the State of New York. Any dispute relating in any way to your visit to the Website shall be submitted to confidential arbitration in New York, Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Notwithstanding the foregoing, if you have in any manner violated or threatened to violate NYRP’s intellectual property rights, NYRP may seek injunctive or other appropriate relief in the state or federal courts located in the State of New York, and you consent to exclusive jurisdiction and venue in such courts and hereby irrevocably waive all defenses of lack of personal jurisdiction and forum non-conveniens.
10. Termination –NYRP shall have the right to restrict, suspend or terminate your access to the Website if, in its sole discretion, you fail to comply with any provision of these Terms and Conditions. NYRP may also discontinue or change this Website, or its availability to you, at any time and for any reason, and without prior notice or liability.
11. General – Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between NYRP and you. NYRP’s failure to enforce or exercise any provision or right hereof shall not constitute a waiver of such provision or right, nor shall NYRP’s waiver of a breach of any provision hereof be taken or held to be a waiver of the provision at any other time. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable court decision, such provision will be enforced to the maximum extent permissible, and the other provisions of these Terms and Conditions will remain in force and effect. NYRP will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, NYRP’s original objectives and intent as reflected in the original provision.
12. Contact information – If you have any questions regarding these Terms and Conditions, please contact us:
NYRP Website c/o Marketing Department
New York Restoration Project
254 West 31st Street 10th Floor
New York, NY 10001
Last updated October 2009