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1. Acceptance of Terms
Newyorkcall provides a collection of online resources, including classified ads,
forums, and various email services, (referred to hereafter as "the Service")
subject to the following Terms of Use ("Terms"), which may be updated by
Newyorkcall from time to time. Newyorkcall will provide notice of materially
significant changes to the Term by posting notice on the Newyorkcall site. You
can review the most current version of the Terms at:
http://www.newyorkcall.com/php/terms.php. By using the Service in any
way, you are agreeing to comply with these Terms. In addition, when using
particular Newyorkcall services, you agree to abide by any applicable posted
guidelines for all Newyorkcall services, which may change from time to time.
Should you object to any term or condition of these Terms, any guidelines, or
any subsequent modifications thereto or become dissatisfied with Newyorkcall in
any way, your only recourse is to immediately discontinue use of Newyorkcall.
2. Content
You understand that all postings, messages, text, files, images, photos, video,
sounds, or other materials ("Content") posted on, transmitted through, or
linked from the Service, are the sole responsibility of the person from whom
such Content originated. More specifically, you are entirely responsible for
all Content that you post, email or otherwise make available via the Service.
You understand that Newyorkcall does not control, and is not responsible for
Content made available through the Service, and that by using the Service, you
may be exposed to Content that is offensive, indecent, inaccurate, misleading,
or otherwise objectionable. Furthermore, the Newyorkcall site and Content
available through the Service may contain links to other websites, which are
completely independent of Newyorkcall. Newyorkcall makes no representation or
warranty as to the accuracy, completeness or authenticity of the information
contained in any such site. Your linking to any other websites is at your own
risk. You agree that you must evaluate, and bear all risks associated with, the
use of any Content, that you may not rely on said Content, and that under no
circumstances will Newyorkcall be liable in any way for any Content or for any
loss or damage of any kind incurred as a result of the use of any Content
posted, emailed or otherwise made available via the Service. You acknowledge
that Newyorkcall does not pre-screen or approve Content, but that Newyorkcall shall have the right (but not the obligation) in its sole discretion to refuse,
delete or move any Content that is available via the Service, for violating the
letter or spirit of the Terms or for any other reason.
3. Notification of Claims of Infringement
If you believe that your work has been copied in a way that constitutes
copyright infringement, or your intellectual property rights have been
otherwise violated, please notify Newyorkcall's agent for notice of claims of
copyright or other intellectual property infringement ("Agent"), at
support@newyorkcall.com.
Please provide us with the following Notice:
1. Identify the copyrighted work or other intellectual property that you
claim has been infringed;
2. Identify the material on the Newyorkcall site that you claim is infringing,
with enough detail so that we may locate it on the website;
3. A statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
4. A statement by you declaring under penalty of perjury that (a) the above
information in your Notice is accurate, and (b) that you are the owner of the
copyright interest involved or that you are authorized to act on behalf of that
owner;
5. Your address, telephone number, and email address; and
6. Your physical or electronic signature.
Newyorkcall will remove the infringing posting(s), subject to the the procedures
outlined in the Digital Millenium Copyright Act (DMCA).
4. Privacy and Information Disclosure
Newyorkcall has established a Privacy Policy to explain to users how their
information is collected and used, located at
http://www.newyorkcall.com/php/privacypolicy.php. Your use of the
Newyorkcall website or the Service signifies acknowledgement of and
agreement to our Privacy Policy. You further acknowledge and agree that
Newyorkcall may, in its sole discretion, preserve or disclose your Content,
as well as your information, such as email addresses, IP addresses,
timestamps, and other user information, if required to do so by law or in
the good faith belief that such preservation or disclosure is reasonably
necessary to: comply with legal process; enforce these Terms; respond to
claims that any Content violates the rights of third-parties; respond to
claims that contact information (e.g. phone number, street address) of a
third-party has been posted or transmitted without their consent or as a
form of harrassment; protect the rights, property, or personal safety
of Newyorkcall, its users or the general public.
5. Conduct
You agree not to post, email, or otherwise make available Content:
- that is unlawful, harmful, threatening, abusive, harassing, defamatory,
pornographic, libelous, invasive of another's privacy, or harms minors in any
way
- that harasses, degrades, intimidates or is hateful toward an individual
or group of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability;
- that impersonates any person or entity, including, but not limited to, a
Newyorkcall employee, or falsely states or otherwise misrepresents your
affiliation with a person or entity;
- that includes personal or identifying information about another person
without that person's explicit consent.
- that is false, deceptive, misleading, deceitful, misinformative, or
constitutes "bait and switch";
- that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party, or Content that you do not have a right to
make available under any law or under contractual or fiduciary relationships.
- that constitutes or contains "affiliate marketing," "link referral code,"
"junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited
commercial advertisement.
- that constitutes or contains any form of advertising or solicitation if
(1) posted in areas of the Newyorkcall sites which are not designated for such
purposes; or (2) emailed to Newyorkcall users who have requested not to be
contacted about other services, products or commercial interests.
- that includes links to commercial services or web sites, except as
allowed in "services".
- that advertises any illegal services or the sale of any items the sale of
which is prohibited or restricted by applicable law, including without
limitation items the sale of which is prohibited or regulated by California law
- a partial list of these is provided for your convenience
- that contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality of any
computer software or hardware or telecommunications equipment;
- that disrupts the normal flow of dialogue with an excessive number of
messages (flooding attack) to the Service, or that otherwise negatively affects
other users' ability to use the Service; or
- that employs misleading email addresses, or forged headers or otherwise
manipulated identifiers in order to disguise the origin of Content transmitted
through the Service.
Additionally, you agree not to:
- contact anyone who has asked not to be contacted;
- "stalk" or otherwise harrass anyone;
- collect personal data about other users for commercial or unlawful
purposes;
- use automated means, including spiders, robots, crawlers, data mining
tools, or the like to download data from the Service - exception is made for
internet search engines (e.g. Google) and non-commercial public archives (e.g.
archive.org) that comply with our robots.txt file;
- post non-local or otherwise irrelevant Content, repeatedly post the
same or similar Content, or otherwise impose an unreasonable or
disproportionately large load on our infrastructure;
- post the same item or service in more than one classified category or
forum, or in more than one metropolitan area; or
- attempt to gain unauthorized access to Newyorkcall's computer systems or
engage in any activity that disrupts, diminishes the quality of, interferes
with the performance of, or impairs the functionality of, the Service or the
Newyorkcall website.
6. No Spam Policy
You understand and agree that sending unsolicited email advertisements to
Newyorkcall email addresses or through Newyorkcall computer systems, which is
expressly prohibited by these Terms, will use or cause to be used servers
located in NewYork. Any unauthorized use of Newyorkcall computer systems is a
violation of these Terms and certain federal and state laws, including without
limitation the Computer Fraud and Abuse Act (18 U.S.C. � 1030 et seq.), Section
502 of the California Penal Code and Section 17538.45 of the California
Business and Professions Code. Such violations may subject the sender and his
or her agents to civil and criminal penalties.
7. Limitations on service
You acknowledge that Newyorkcall may establish limits concerning use of the
Service, including the maximum number of days that Content will be retained by
the Service, the maximum number and size of postings, email messages, or other
Content that may be transmitted or stored by the Service, and the frequency
with which you may access the Service. You agree that Newyorkcall has no
responsibility or liability for the deletion or failure to store any Content
maintained or transmitted by the Service. You acknowledge that Newyorkcall reserves the right at any time to modify or discontinue the Service (or any
part thereof) with or without notice, and that Newyorkcall shall not be liable
to you or to any third party for any modification, suspension or discontinuance
of the Service.
8. Termination of service
You agree that Newyorkcall, in its sole discretion, has the right (but not the
obligation) to delete or deactivate your account, block your email or IP
address, or otherwise terminate your access to or use of the Service (or any
part thereof), immediately and without notice, and remove and discard any
Content within the Service, for any reason, including, without limitation, if
Newyorkcall believes that you have acted inconsistently with the letter or
spirit of the Terms. Further, you agree that Newyorkcall shall not be liable to
you or any third-party for any termination of your access to the Service.
Further, you agree not to attempt to use the Service after said termination.
Sections 2, 4, 6 and 9-13 shall survive termination of these Terms.
9. Dealings with organizations and individuals
Your interactions with organizations and/or individuals found on or through the
Service, including payment and delivery of goods or services, and any other
terms, conditions, warranties or representations associated with such dealings,
are solely between you and such organizations and/or individuals. You agree
that Newyorkcall shall not be responsible or liable for any loss or damage of
any sort incurred as the result of any such dealings. If there is a dispute
between participants on this site, or between users and any third party, you
understand and agree that Newyorkcall is under no obligation to become involved.
In the event that you have a dispute with one or more other users, you hereby
release Newyorkcall, its officers, employees, agents and successors in rights
from claims, demands and damages (actual and consequential) of every kind or
nature, known or unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way related to such disputes and / or our service. If
you are a California resident, you waive California Civil Code Section 1542,
which says: "A general release does not extend to claims which the creditor
does not know or suspect to exist in his favor at the time of executing the
release, which, if known by him must have materially affected his settlement
with the debtor."
10. Proprietary rights
The Service is protected to the maximum extent permitted by copyright laws and
international treaties. Content displayed on or through the Service is
protected by copyright as a collective work and/or compilation, pursuant to
copyrights laws, and international conventions. Any reproduction, modification,
creation of derivative works from or redistribution of the Sites or the
collective work is prohibited. Copying or reproducing the sites or any portion
thereof to any other server or location for further reproduction or
redistribution is prohibited. You further agree not to reproduce, duplicate or
copy Content from the Service, and agree to abide by any and all copyright
notices displayed on the Service. You may not decompile or disassemble, reverse
engineer or otherwise attempt to discover any source code contained in the
Service. Without limiting the foregoing, you agree not to reproduce, duplicate,
copy, sell, resell or exploit for any commercial purposes, any aspect of the
Service. Newyorkcall is a registered mark in the U.S. Patent and Trademark
Office.
Although Newyorkcall does not claim ownership of content that its users post, by
posting Content to any public area of the Service, you automatically grant, and
you represent and warrant that you have the right to grant, to Newyorkcall an
irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use,
copy, perform, display, and distribute said Content and to prepare derivative
works of, or incorporate into other works, said Content, and to grant and
authorize sublicenses (through multiple tiers) of the foregoing.
11. Disclaimer of Warranties
YOU AGREE THAT USE OF THE Newyorkcall SITE AND THE SERVICE IS ENTIRELY AT YOUR
OWN RISK. THE Newyorkcall SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS
AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS
ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST
EXTENT PERMITTED BY LAW, Newyorkcall DISCLAIMS ANY WARRANTIES FOR THE SECURITY,
RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE Newyorkcall SITE AND
THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, Newyorkcall DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE
Newyorkcall SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE
Newyorkcall SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, Newyorkcall DISCLAIMS
ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE
Newyorkcall SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer
of implied warranties. In such jurisdictions, some of the foregoing disclaimers
may not apply to you insofar as they relate to implied warranties.
12. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL Newyorkcall BE LIABLE FOR DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Newyorkcall HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF
YOUR USE OF THE Newyorkcall SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM
USE OR MISUSE OF THE Newyorkcall SITE OR THE SERVICE, FROM INABILITY TO USE THE
Newyorkcall SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION,
ALTERATION, OR TERMINATION OF THE Newyorkcall SITE OR THE SERVICE. SUCH
LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER
SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE
Newyorkcall SITE OR THE SERVICE OR ANY LINKS ON THE Newyorkcall SITE, AS WELL AS
BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN
CONNECTION WITH THE Newyorkcall SITE OR THE SERVICE OR ANY LINKS ON THE
Newyorkcall SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED
BY LAW. In some jurisdiction, limitations of liability are not permitted. In
such jurisdictions, some of the foregoing limitation may not apply to you.
13. Indemnity
You agree to indemnify and hold Newyorkcall, its officers, subsidiaries,
affiliates, successors, assigns, directors, officers, agents, service
providers, suppliers and employees, harmless from any claim or demand,
including reasonable attorney fees and court costs, made by any third party due
to or arising out of Content you submit, post or make available through the
Service, your use of the Service, your violation of the Terms, your breach of
any of the representations and warranties herein, or your violation of any
rights of another.
14. General information
The Terms constitute the entire agreement between you and Newyorkcall and govern
your use of the Service, superceding any prior agreements between you and
Newyorkcall. The Terms and the relationship between you and Newyorkcall shall be
governed by the laws of the State of California without regard to its conflict
of law provisions. You and Newyorkcall agree to submit to the personal and
exclusive jurisdiction of the courts located within the county of San
Francisco, California. The failure of Newyorkcall to exercise or enforce any
right or provision of the Terms shall not constitute a waiver of such right or
provision. If any provision of the Terms 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 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 Service or the
Terms must be filed within one (1) year after such claim or cause of action
arose or be forever barred.
15. Violations of Terms and Liquidated Damages
Please report any violations of the Terms, by flagging the posting(s) for
review, or by emailing to postings@newyorkcall.com. Our failure to act with respect
to a breach by you or others does not waive our right to act with respect to
subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify,
if actual damages cannot be reasonably calculated then you will be liable to
pay Newyorkcall liquidated damages as follows:
a. If you post a message that (1) impersonates any person or entity; (2)
falsely states or otherwise misrepresents your affiliation with a person
or entity; or (3) that includes personal or identifying information about
another person without that person's explicit consent, you agree that
Newyorkcall in its sole discretion may disclose identifying information
about you to the victim, and that should Newyorkcall bring a claim against
you in court, that you will pay Newyorkcall one thousand dollars ($1,000)
for each such message.
b. If Newyorkcall establishes limits on the frequency with which you may access
the Service, or terminates your access to or use of the Service, you agree to
pay Newyorkcall one hundred dollars ($100) for each message posted in excess of
such limits or for each day on which you access Newyorkcall in excess of such
limits, whichever is higher.
c. If you send unsolicited email advertisements to Newyorkcall email addresses
or through Newyorkcall computer systems, you agree to pay Newyorkcall twenty five
dollars ($25) for each such email.
d. If you post messages in violation of these Terms of Use, other than as
described above, you agree to pay Newyorkcall one hundred dollars ($100) for
each such message. In its sole discretion, Newyorkcall may elect to issue a
warning before assessing damages.
Otherwise, you agree to pay Newyorkcall's actual damages, to the extent such
actual damages can be reasonably calculated.
16. Feedback
We welcome your feedback on this document at support@newyorkcall.com.
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