Terms of Use I. Visitor Code of Conduct The Empire State Magazine Website ("empirestatemagazine.com") is a division of and owned and operated by Landmark Directory, Inc.. This 'Terms of Usage Agreement' ("Agreement") informs visitors of the rules and policies that govern our website communities. We use the term "visitors" to include both registered members of our website communities and any other person that accesses our website at any point for any amount of time, unless designated otherwise. Visitors are expected to follow any posted guidelines or rules. We may update this Agreement from time to time without notice. Any changes in our terms of usage will be incorporated into a revised Agreement that we will post on this website. All visitors have the obligation to review changes to this Agreement. Unless otherwise specified, such changes shall be effective when they are posted. Your access or use of this website constitutes your agreement to be bound by this Agreement, including any changes that exist when you re-access our site. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, OR ANY POSTED GUIDELINES OR RULES, THEN DO NOT USE THIS SITE. To participate in our website activities, we may request that you submit certain personally identifiable information about yourself, including your name and personal contact information ("personal information"). We may also gather certain types of non-personal information about your visit to protect the security of our members or our site or to make our program content more enjoyable for all our visitors. All information gathered from visitors by this website will be governed by our Privacy Policy, which is incorporated in this Terms of Usage Agreement by reference. If there is a conflict between the terms of this Agreement and our Privacy Policy, the terms of the Privacy Policy will prevail. Please carefully review our Privacy Policy to understand our collection, use and disclosure practices. Visitors are responsible for providing accurate, timely and complete information to us and our operational providers, 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 provide false information or violate any term of this Agreement or our Privacy Policy. II. Membership and Participation Eligibility Parts of our website may require that you be eighteen (18) years of age or older. We will establish specific rules and terms for participation in each contest, sweepstake and/or special event and will post this information on our website. We will not knowingly collect personal information from visitors under thirteen years of age for activities on our website. Upon discovery of the participation of a person under thirteen years of age in such activities, his/her registration or participation will be canceled immediately and all personal information will be deleted from our files. Visitors may be required to select a password and member name for membership registration. You are responsible for maintaining the confidentiality of your password and any membership account information. You agree to immediately notify us of any unauthorized use of your password or other membership account information and further agree to indemnify and hold empirestatemagazine.com, its parents, affiliates, subsidiaries, operational providers and partners harmless for any improper or illegal use of your password. We encourage you to keep us informed about any changes in your membership, personal contact and e-mail information. You may change, update or delete certain information in your membership file by contacting us. If your e-mail address is canceled, becomes inactive or inaccessible for an extended period of time, we may cancel your membership and delete all or part of your membership profile, to the extent allowed by law and in accordance with our security measures. We also reserve the right to cancel your membership in any or all website activities if you violate any provision of this Agreement or our Privacy Policies. III. Restrictions on Visitors' Use of Empire State Magazine Website Content This website contains materials supplied by empirestatemagazine.com and its affiliates, parents, and subsidiaries, as well as other sources, and is protected by copyrights, trademarks, servicemarks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by empirestatemagazine.com, 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, content or design elements obtained from this site, including code and software ("Material"). 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 this Agreement 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 empirestatemagazine.com. Visitors are also prohibited from framing empirestatemagazine.com's website without the express written permission of empirestatemagazine.com. For information on requesting such permission, please send a written request to Empire State Magazine, 141 West 72nd Street, New York, NY 11222. Decisions to grant or deny permission are within the sole discretion of empirestatemagazine.com. 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 or transmit for use in public or private areas on the website. Visitors hereby grant empirestatemagazine.com, 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 or transmit in areas on our website. Each visitor also agrees to indemnify and hold empirestatemagazine.com, 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 submits on our website. If you believe in good faith that Materials we host infringe on your copyright, you (or your agent) may send us a notice, in accordance with the requirements set forth in the Digital Millenium Copyright Act of 1998 ("DMCA") "), requesting that we remove or block access to the infringing Material. If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA; see www.loc.gov/copyright. Notices and counter-notices should be sent to: Randal Manthei Material on this server may include inaccuracies or typographical errors. We have the right to make changes and update any information contained on this server without prior notice. IV. E-mail E-mail is an important communication method for our online visitors. The person in whose name the e-mail account is registered should generate all e-mail sent to us. E-mail users shall not mask their identity by using a false name or another person's name or account. We will use your e-mail address and the content of any e-mail for correspondence and visitor response purposes. 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 empirestatemagazine.com, its parents, affiliates, subsidiaries or operational providers for any purpose, and empirestatemagazine.com, its parents, affiliates, subsidiaries and operational providers shall be free to reproduce, use, disclose and distribute such information to others without liability or restriction. Any personal information transmitted with an e-mail, such as the sender's name, e-mail or home addresses, will be protected in accordance with the policies set forth in our Privacy Policy. V. Choice of Law and Forum empirestatemagazine.com is originated and located in the United States, and this Agreement 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 this Agreement 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 this Agreement 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 this Agreement shall remain in full force and effect. VI. Interactive Areas We may provide interactive activities for our online website communities such as chat rooms, bulletin boards (also known as message boards), SMS text messaging, mobile alerts and mobile e-mail updates or auditoriums, collectively identified as "Interactive Areas," for the enjoyment of our visitors. Any submissions or postings by visitors to certain parts of this website, including Interactive Areas, without limitation, will be public and posted in public areas on the website. empirestatemagazine.com, its parents, partners, affiliates, subsidiaries, members, directors, officers, employees, and any contract or operational providers that conduct, operate and/or manage empirestatemagazine.com's Interactive Areas, will not be responsible for the action of any visitors or third parties with respect to any information, materials or content posted, uploaded or transmitted in these Interactive Areas. You must be thirteen years of age or older to participate in empirestatemagazine.com's Interactive Areas. General members of empirestatemagazine.com's online communities may have the opportunity to register for participation in the Interactive Areas when they first apply for membership and may be required to select a member name and password for the Interactive Areas. Non-members may also be able to participate in Interactive Areas conducted, operated and/or managed by empirestatemagazine.com after submitting required registration information. Interactive Areas not conducted, operated and/or managed by empirestatemagazine.com may require a different registration process. empirestatemagazine.com will not accept registrations or knowingly allow participation in its Interactive Areas by persons under thirteen years old. For increased security, we also encourage you to not include any personal information about yourself or others in Interactive Areas, such as name, phone number or street address. You should always use your screen name to identify yourself. By participating in any of the aforementioned activities, all visitors and members agree to follow empirestatemagazine.com's standards of conduct. Postings to public areas may not be reviewed by empirestatemagazine.com prior to appearing on the website. Nonetheless, empirestatemagazine.com reserves the right to change, delete, or remove, in part or in full, any postings in Interactive Areas and to terminate or suspend access to such areas for conduct that we believe, in our sole discretion, interferes with other peoples' enjoyment, and/or cooperate with local, state, and/or federal authorities if necessary, and in accordance with applicable law. We do our best to encourage comfort and discourage disruptive communication. We also discourage disruptive statements that incite others to violate our standards. We encourage your participation in upholding our standards. You are responsible for all content that you post, e-mail, transmit, upload or otherwise make available through our website. You agree not to use the Interactive Areas or 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; or empirestatemagazine.com may allow users to post reviews of events, movies, and businesses ("Reviews"). Such Reviews are governed by the terms of this Terms of Usage Agreement, including, without limitation, the user's agreement regarding his or her use of Interactive Areas. Reviews do not reflect the views of empirestatemagazine.com, its parents, affiliates or subsidiaries, or their respective employees, officers, directors or shareholders. empirestatemagazine.com does not assume responsibility or liability for any Review or for any claims, damages, or losses resulting from the use of this service or the materials contained therein. Reviews that are submitted to empirestatemagazine.com shall be owned exclusively and in perpetuity by empirestatemagazine.com. Such exclusive ownership means that empirestatemagazine.com, its parents, subsidiaries or affiliates have the unrestricted, perpetual, and exclusive right to use, reproduce, modify, translate, transmit, distribute or otherwise exploit any and all materials and communications. There shall be no obligation to give credit or pay any consideration to you for any Reviews. empirestatemagazine.com strives to make its Interactive Areas enjoyable. Our chat venues welcome people of all races, religions, genders, national origins, sexual orientations and differing points of view. When in doubt about appropriate behavior in our Interactive Areas, please remember that, although the venue is electronic, those participating in it are real people. We ask that you treat others with respect. Any conduct by a participant in the Interactive Areas that violates this Agreement in any way may result in the suspension or termination of the visitor's registration and access to the site, at empirestatemagazine.com's sole discretion, in addition to any other remedies. empirestatemagazine.com may provide Interactive activities on a number of topics, but our staff or volunteer hosts participating in these activities do not offer professional advice of any kind and are speaking from their own experience or opinion as is helpful for the facilitation of the dialogue. These hosts claim no professional expertise or authority. We may also post additional guidelines and/or code of conduct for certain Interactive Area events. Any additional posted rules will be incorporated into this Agreement. To the extent there is a conflict between the rules of a specific event and this Agreement, the rules of the specific event will govern. If you see objectionable content or have any questions about this Terms of Usage Agreement, please contact us. VII. Third Party Links Our website contains 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 empirestatemagazine.com, its parents, affiliates or subsidiaries of any third party resources or content. Links do not imply that empirestatemagazine.com 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. empirestatemagazine.com 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. VIII. Advice and Opinions Our website contains facts, views, opinions and statements of third parties, visitors and other organizations. empirestatemagazine.com, its parents, affiliates and subsidiaries do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through our website. You acknowledge that any reliance upon any such advice, opinions, statement or other information shall be at your sole risk and you agree that empirestatemagazine.com, its parents, affiliates and subsidiaries shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any advice, opinions, statements or other information displayed or distributed on our website. IX. Mobile empirestatemagazine.com may offer mobile SMS/text message and mobile alerts updates as a text messaging/mobile e-mail service. Please read these terms and conditions prior to using the service. By using the service, you agree to be legally bound by these terms of use, and our Privacy Policy. If you do not agree with these terms, please do not use the service. Please note that to process your requests for this service, you may be charged a fee to send and receive messages based on the terms of your wireless service. Check your wireless service provider if you have questions about your service plan. X. DISCLAIMER OF WARRANTIES THE INFORMATION ON OUR WEBSITE IS PROVIDED "AS IS." empirestatemagazine.com DOES NOT WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED ON THE SITE 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 SITE IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, empirestatemagazine.com CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO VISITORS OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE. NEITHER empirestatemagazine.com, NOR ANY OF ITS PARENTS, PARTNERS, AFFILIATES, SUBSIDIARIES, MEMBERS, DIRECTORS, OFFICERS, 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 SITE; (II) ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED IN MAKING THIS SITE 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 SITE OR MATERIALS ON THIS SITE; (IV) ANY VISITOR'S INTERACTION OR SUBMISSIONS ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, RESUMÉ OR EMPLOYMENT SUBMISSIONS OR DIALOGUE BETWEEN HOSTS; (V) OR FROM ANY VISITOR'S FAILURE TO COMPLY WITH THIS AGREEMENT, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF empirestatemagazine.com OR OF ANY VENDOR PROVIDING SOFTWARE, SERVICES OR SUPPORT. IN NO EVENT WILL empirestatemagazine.com, ITS PARENTS, PARTNERS, AFFILIATES, SUBSIDIARIES, MEMBERS, OFFICERS OR EMPLOYEES BE LIABLE TO ANY VISITOR FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND EVEN IF empirestatemagazine.com, 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 SITE THAT YOU ARE ACCESSING, INCLUDING THOSE OF OUR OPERATIONAL PROVIDERS, ADVERTISERS, SPONSORS, AND PROMOTIONAL PARTNERS. empirestatemagazine.com, 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 SITES, OR ANY LOSS OR DAMAGE THAT COULD RESULT FROM LEAVING OUR WEBSITE. XI. Security Measures Please review our Privacy Policy for information on our website security measures and the protection of your personal information. Please see "Security Procedures" in the Privacy Policy. The Terms of Use posted on this site was updated on or about July 4, 2007. |
