Terms of Service

Effective Date: September 9, 2013

These Terms of Service govern your use of the www.capitalnewyork.com website (the “Site”). The Site is provided to you by CapNY, LLC, (“we” or “us”). These Terms of Service constitute a binding legal contract between you and us. By using the Site, you accept its terms.

The Internet is an evolving medium. If we need to change these Terms of Service at some point in the future, we’ll post the modified Terms of Service on this Site and update the Effective Date of the policy to reflect the date of the changes. By continuing to use the Site after we post any such changes, you accept the Terms of Service as modified.

We reserve the right to deny access to this Site, or any service provided via this Site, to anyone who violates these Terms of Service or who, in our judgment, interferes with the ability of others to enjoy this Site, or infringes the rights of others.

1. PRIVACY

We respect the privacy of the users of our Site. Please take a moment to review our Privacy Policy at www.capitalnewyork.com/privacy.

2. INTELLECTUAL PROPERTY RIGHTS

(a) Our Limited License to You. The materials available through this Site are our property of or the property of our affiliates or licensors, and are protected by copyright, trademark and other intellectual property laws. You may use the Site, and materials on the Site, for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. You may not otherwise reproduce any of the materials without the prior written consent of the owner. You may not distribute copies of materials found on this Site in any form (including by email or other electronic means) without prior written permission from the owner. Of course, you’re free to encourage others to access the information themselves on our Site and to tell them how to find it.

Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use. Users may not download or reproduce a substantial portion of the AP material found on this web site. AP will not be held liable for any delays, inaccuracies, errors or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing.

(b) Your License to Us. By submitting material to us, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner. By submitting material to any public posting areas of this Site, such as any message boards, classifieds, forums, or community publishing areas, you agree that we, including our partners, agents, affiliates and service providers (collectively, “Third Party Providers”), may reproduce, modify, and distribute such material as we see fit in any medium and for any purpose. You grant us the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such material on the Site. You also grant us the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also agree that we, including our Third Party Providers, may identify you as the author of any of your postings by name, email address or screen name as we see appropriate. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.

(c)  Trademarks. CapNY trademarks, service marks, product and service names, and other corporate indicia (the “CapNY Marks”) are the property of CapNY, LLC. You agree not to display or use in any manner any of CapNY Marks without our prior permission.

(d)  Links. You may establish a hypertext link to this Site so long as the link does not state or imply any sponsorship of or affiliation with your site by us.

(e)  No Framing. You may not, without our prior written permission, frame any of the content of the Site, or incorporate into another website or other service any material, content or intellectual property belonging to us, our parent or affiliate companies, or any of their licensors.

3.  ONLINE PURCHASES

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or to a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

4. REGISTRATION 

To access certain features of our Site, you may be asked to register with us on the form provided and such registration may require you to provide personally identifying information such as your name, address and email address, and also may ask you to provide certain demographic information such as your gender and date of birth. You agree that you will register only if you are 13 years or older. You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy at www.capitalnewyork.com/privacypolicy.

5. PASSWORDS

To use certain features of the Site, you will need a user ID and password, which you will create through the Site’s registration process.  You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

6. CLASSIFIED ADVERTISING

If you submit a classified ad for publication on the Site, you agree that the advertisement as it appears on the Site becomes our property and you assign all ownership interest in the advertisement as it appears on the Site under copyright law or otherwise to us. We reserve the right to reject any ad copy. All orders are subject in all respects to our then-current rules and regulations and then-current demands upon advertising space. Our liability for an error will not exceed the cost of the space occupied by the error, and in no event shall our liability for your use of our classified advertising services exceed the amount you paid for the use of the services. We reserve the right to edit, reclassify, revise, or cancel any advertisement at any time. Rates and specifications are subject to change. We do not knowingly accept advertising that discriminates or intends to discriminate based on race, color, religion, sex, national origin, handicap or familial status.

7. JOB LISTINGS 

We do not knowingly accept advertisements regarding employment that are not ads for bona fide job opportunities. We also do not knowingly accept advertisements that discriminate or intend to discriminate on any illegal basis, or that are otherwise illegal. If you think that an advertisement posted on this service discriminates on any illegal basis, or is otherwise illegal, please contact us at CapNY, 333 W. 39th Street, Suite 902, New York, NY 10018. We encourage you to investigate fully and understand all aspects of any job you are considering. Some positions may require an investment or purchase on consignment on your part, or may involve your recruiting others. Positions are often paid by draw, commission or bonus instead of salary.

8. MODIFICATIONS TO THE SITE

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

9. TERMINATION

You agree that, in our sole discretion, we may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any materials that you submit to the Site, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. You agree that we shall not be liable to you or any third-party for any termination of your password, account (or any part thereof) or use of the Site, or any removal of any materials that you have submitted to the Site.

10. THIRD-PARTY SITES

The Site may provide, or third parties may provide, links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, including, without limitation, advertising, products, or other materials, on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, materials, goods or services available on or through any such site or resource.

11. INTERACTIVE FEATURES
(a)  Responsibility.  This Site may include a variety of features, such as bulletin boards, web logs, chat rooms, and email services, which allow feedback to us and real-time interaction between users, and other features, such as personalized home pages and email services, which allow users to communicate with others. Responsibility for what is posted on bulletin boards, web logs, chat rooms, and other public posting areas on the Site, or sent via any email services on the Site, lies with each user – you alone are responsible for the material you post or send. We do not control the messages, information or files that you or others may provide through the Site. It is a condition of your use of the Site that you do not:

  1. 1. Restrict or inhibit any other user from using and enjoying the Service.
  2. 2. Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  3. 3. Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies or regulations of the networks we use to provide the Site.
  4. 4. Use the Site to instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
  5. 5. Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining or other illicit means.
  6. 6. Obtain or attempt to obtain any materials or information through any means not intentionally made available through this Site.
  7. 7. Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
  8. 8. Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
  9. 9. Use the Site to post or transmit any information, software or other material that contains a virus or other harmful component.
  10. 10. Use the Site to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising
  11. 11. Use the Site to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval
  12. 12. Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

 

(b)  Monitoring/Disclosure/Denial of Service.  You understand that we have no obligation to monitor any bulletin boards, chat rooms, web logs, or other areas of the Site through which users can supply information or material. However, we reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms of Service. We also reserve the right to deny access to the Site or any features of the Site to anyone who violates these Terms of Service or who, in our sole judgment, interferes with the ability of others to enjoy our website or infringes the rights of others.

(c) Use of Site.  You further agree that you will not collect personal data about, or the email addresses of, other Site users for commercial or unlawful purposes or for purposes of sending unsolicited commercial email, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, or take or cause to be taken any action that disrupts the normal flow of postings and dialogue on the Site (such as submitting an excessive number of postings), or that otherwise negatively affects other users’ ability to use the Site.

(d)  Content Preservation.  You acknowledge and agree that we may preserve content and materials submitted by you, and may also disclose such content and materials if required to do so by law or if, in our business judgment, such preservation or disclosure is reasonably necessary to: (1) comply with legal process; (2) enforce these Terms of Service; (3) respond to claims that any content or materials submitted by you violate the rights of third parties; or (4) protect the rights, property, or personal safety of Site users and/or the public. You understand that the technical processing and transmission of the Site, including content submitted by you, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

12. INDEMNIFICATION

You agree to indemnify and hold us and our subsidiaries, affiliates, licensors and other partners, and the directors, officers, agents and employees of each, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your violation of our Terms of Service, or your violation of any rights of another.

13. GENERAL PRACTICES CONTENT USE AND STORAGE 

You acknowledge that we may establish general practices, limits and restrictions concerning use of the Site, and the posting of content, information or materials by users of the Site. These restrictions may include a limit on the number of days that message board postings or other submitted content will be displayed on the Site and/or retained by us, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. We assume no responsibility or liability for the deletion, corruption or loss of any content or material submitted by you, or for our failure to receive or store submitted content for any reason, including without limitation malfunctioning of any network, hardware or software. We reserve the right to change these general practices, limits and restrictions at any time, in our sole discretion, with or without notice.

14. NOTICE OF COPYRIGHT INFRINGEMENT

If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Site in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to Ryan Mannion, CapNY, LLC 333 W. 39th Street, Suite 902, New York, NY 10018 and /or by email to copyrightagent@capitalnewyork.com.  Please include the following information in your written notice: (a) a detailed description of the copyrighted work that is allegedly infringed upon; (b) a description of the location of the allegedly infringing material on the Site; (c) your contact information, including your address, telephone number, and, if available, email address; (d) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (f) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.  Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms of Service or on the Site.

15. DISCLAIMERS

(a)  No Warranties. your use of the site is at your sole risk. this site and all materials, information and services available through it are provided on an “as is” and “as available” basis. we, our affiliates, agents and licensors cannot and do not warrant the accuracy, completeness, currentness, noninfringement, merchantability or fitness for a particular purpose of the materials, information and services available through the site, nor do we guarantee that the materials, information or services will be error-free, secure or continuously available, or free of viruses or other harmful components. we make no warranty that (1) the site will meet your requirements, (2) the results that may be obtained from the use of the site will be accurate or reliable, (3) the quality of any products, services, information, or other material purchased or obtained by you through the site will meet your expectations, or (4) any errors in the site will be corrected. any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that may result.

(b)  Limitation of Liability. Under no circumstances shall we or our affiliates, agents or licensors be liable to you or anyone else for any damages, including, without limitation, liability for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if we have been advised of the possibility of such damages, resulting from (a) your use of, or inability to use, the site, or (b) any materials, information and services available through the site. (because some states do not allow the exclusion or limitation of certain categories of damages, the above limitation may not apply to you. In such states, our liability and the liability of our affiliates, agents and licensors is limited to the fullest extent permitted by such state law.)

16. MISCELLANEOUS

These Terms of Service have been made in and shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws provisions. By using this Site, you agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New York in all disputes arising out of or relating to this agreement or this Site. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Service must be filed within one year after such claim or cause of action arose or be forever barred.

17. VIOLATIONS

Please report any violations of these Terms of Service to CapNY, 333 W. 39th Street, Suite 902, New York, NY 10018.