THIS IS A LEGAL AGREEMENT BETWEEN YOU AND New City Media INC (“New City Media INC”) STATING THE TERMS THAT GOVERN YOUR USE OF New City Media INCs SERVICE.
By using any of the New City Media INC websites (“Site”) or other New City Media INC services, you (the “User”) agree to be bound by the following terms and conditions and all New City Media INC policies, including those available by hyperlink (collectively, the “Terms of Service Agreement”). New City Media INC reserves the right to change this Agreement from time to time at its sole discretion, and your use of the Site will be subject to the most current version posted on the Site at the time of your use.
If you do not accept the terms of the User Agreement, do not access or use this Site.
Definition of the New City Media INC Service.
The website service (the “Service”) permits you to purchase a membership to access digital content, such as photos and videos (“Products”), under certain terms and conditions as set forth in this Agreement.
Age requirements for use of the Service.
This Service is available for individuals aged 18 years or older.
Objectionable Material.
You agree to use the Service at your sole risk and that New City Media INC shall have no liability to you for content that may be found to be offensive, indecent, or objectionable.
System Requirements.
Use of the Service requires Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.
Terms of Sale.
Your use of the Service and purchases made through it are subject to New City Media INCs Terms of Sale as outlined here:
a) Sales to End Users Only – New City Media INC sells Products to end user customers only.
b) Refund Policy – All refunds and billing issues are handled by our current third party merchant services company on a case by case basis.
Any billing errors will be taken care of immediately. Please contact us if you have any billing questions or issues.
c) Payment Methods – New City Media INC accepts credit cards as forms of payment. If a credit card company is being used for a purchase, New City Media INC may obtain a pre-approval from the credit card for an amount up to the amount of the order. Billing to your credit card occurs at the time of purchase or shortly thereafter. New City Media INC accepts the following credit cards: Visa, MasterCard, American Express, and Discover.
d) Content Usage Rules – Your use of any Products purchased from New City Media INC is conditioned upon your prior acceptance of the Terms of Service, including, without limitation, the Usage Rules set forth therein.
e) Changes – New City Media INC reserves the right to change the terms and conditions of sale at any time. Customers are encouraged to review the Terms of Sale on a periodic basis for modifications.
f) Governing Law – All sales on New City Media INC are governed by New York law, without giving effect to its conflict of law provisions. Risk of loss and title for all electronically delivered purchases pass to the purchaser in New York upon electronic transmission to the recipient.
New City Media INCs Privacy Policy.
Except as otherwise expressly provided for in this Agreement, the Service is subject to New City Media INCs Privacy Policy which is expressly made a part of this Agreement. If you have not already read New City Media INC’s Privacy Policy, you should do so now.
Your Information.
You agree to provide accurate, current, and complete information required to register with the Service and at other points as may be required in the course of using the Service (“Registration Data”). You further agree to maintain and update your Registration Data as required to keep it accurate, current, and complete. New City Media INC may terminate your rights to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that New City Media INC may store and use the Registration Data you provide (including credit card account information) for use in maintaining your accounts and billing fees to your credit card account.
User Account and Security.
a) Account and Password. As a registered user of the Service, you may receive or establish an account (“Account”). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else’s Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify New City Media INC of any unauthorized use of your Account or any other breach of security. New City Media INC shall not be responsible for any losses arising out of the unauthorized use of your Account.
b) Security. You agree to comply with Usage Rules, as outlined below, and you agree not to violate or attempt to violate any security components. You agree not to attempt to, or assist another person to, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security components related to such Usage Rules for any reason whatsoever. Usage Rules may be controlled and monitored by New City Media INC for compliance purposes, and New City Media INC reserves the right to enforce the Usage Rules with or without notice to you. You shall not access or attempt to access an Account that you are not authorized to access. Violations of system or network security may result in civil or criminal liability.
Purchase of New City Media INC Content.
a) Products Requirements. You acknowledge that use of Products may require the use of other hardware and software products, and that such hardware and software is your responsibility. Once a Product is purchased and you receive the Product, it is your responsibility not to lose, destroy, or damage the Product, and New City Media INC shall be without liability to you in the event of any loss, destruction, or damage.
b) Usage Rules. You agree to use purchased Products in compliance with such Usage Rules:Your use of the Products is conditioned upon your prior acceptance of the terms of this Agreement. You shall be authorized to use the Products only for personal, noncommercial use. You shall be entitled to export, download or copy Products solely for personal, noncommercial use. Any downloading or exporting capabilities are solely an accommodation to you and shall not constitute a grant or waiver (or other limitation or implication) of any rights of the copyright owners in any photo or video content embodied in any Product. You agree that you will not attempt to, or encourage or assist any other person to, circumvent or modify any security technology or software that is part of the Service or used to administer the Usage Rules. The delivery of Products does not transfer to you any commercial or promotional use rights in the Products.
c) You agree that your purchase of Products constitutes your acceptance of and agreement to use such Products solely in accordance with the Usage Rules, our FAQ and that any other use of the Products may constitute a copyright infringement. The Usage Rules shall govern your rights with respect to the Products, in addition to any other terms or rules that may have been established between you and another party. New City Media INC reserves the right to modify the Usage Rules at any time.
d) You acknowledge that some aspects of the Service, Products, and administering of the Usage Rules entails the ongoing involvement of New City Media INC. Accordingly, in the event that New City Media INC changes any part of the Service or discontinues the Service, which New City Media INC may do at its election, you acknowledge that you may no longer be able to use Products to the same extent as prior to such change or discontinuation, and that New City Media INC shall have no liability to you in such case.
e) The Service may offer interactive features that allow you to, among other things, submit or post information, materials or links to third party content on areas of the Service accessible and viewable by other users of the Service and the public. You represent and agree that any use by you of such features, including any information, materials or links submitted or posted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable or in poor taste, and that you have obtained all necessary rights, licenses or clearances. You further agree to provide accurate and complete information in connection with your submission or posting of any information or materials on the Service. Moreover, you hereby grant New City Media INC a worldwide, royalty-free, non-exclusive license to use such materials as part of the Service, and in relation to Products, without any compensation or obligation to you. New City Media INC reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without notice or liability. New City Media INC has the right, but not the obligation, to monitor any information and materials submitted or posted by you or otherwise available on the Service, to investigate any reported or apparent violation of this Agreement, and to take any action that New City Media INC in its sole discretion deems appropriate, including, without limitation, under Section 14 below or under our Copyright Policy.
Territory.
The Service is currently available worldwide, but you are responsible for ensuring that the use of the Service is legal within your own local territory.
Agreement to Pay.
a) Payment for Products.
You agree to pay for all Products you purchase through the Service, and that New City Media INC may charge your credit card for any Products purchased, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING New City Media INC WITH VALID CREDIT CARD ACCOUNT DETAILS FOR PAYMENT OF ALL FEES. All fees will be billed to the credit card you designate during the registration or purchase process. If you want to designate a different credit card or if there is a change in your credit card status, you must change your credit card account information online at the Account Info section of the Service. (There may be a temporary disruption of your access to the Service until New City Media INC can verify the validity of the new credit card account information.)
b) Right to Change Prices and Availability of Products. Prices and availability of any Products are subject to change at any time.
c) Electronic Signatures and Contracts.
Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
d) In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
Delivery of Products.
On occasion, technical problems may delay or prevent delivery of your Product. Your exclusive and sole remedy with respect to Product that is not delivered within a reasonable period will be either replacement of such Product, or refund of the purchase price paid for such Product, as determined by New City Media INC .
Intellectual Property.
a) Acknowledgement of Ownership. You agree that the Service, including but not limited to graphics, photos, videos, and editorial content, contains proprietary information and material that is owned by New City Media INC and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.
b) Removal of New City Media INC Content or Other Materials. Notwithstanding any other provision of this Agreement, New City Media INC and its licensors reserve the right to change, suspend, remove, or disable access to any Products, content, or other materials comprising a part of the Service at any time without notice. In no event will New City Media INC be liable for the removal of or disabling of access to any such Products, content or materials under this Agreement. New City Media INC may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
c) Copyrights. All copyrights in and to the Service, including the compilation of content, postings, links to other Internet resources, and descriptions of those resources, and software, are owned by New City Media INC and/or its licensors. THE USE OF ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
d) Trademarks. All trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of New City Media INC in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.
Termination.
a) Termination by New City Media INC . If you fail, or New City Media INC suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide New City Media INC with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, violation of the Usage Rules or any license to the software, or infringement or other violation of third parties’ rights, New City Media INC , at its sole discretion, without notice to you may: (i) terminate this Agreement and/or your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) preclude access to the Service (or any part thereof).
b) Termination of the Service. New City Media INC reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and New City Media INC will not be liable to you or to any third party should it exercise such rights.
General Compliance with Laws.
The Service is controlled and operated by New City Media INC from its offices in the United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service.
Enforcement of These Terms.
New City Media INC reserves the right to takes steps New City Media INC believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to New City Media INC’s right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party’s rights). You agree that New City Media INC has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as New City Media INC believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to New City Media INC’s right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party’s rights).
No Responsibility for Third-Party Materials or Websites.
Certain content, Products, and services available via the Service may include materials from third parties. In addition, New City Media INC may provide links to certain third party websites. You acknowledge and agree that New City Media INC is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites. New City Media INC does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Links to other Web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that New City Media INC is not in any way responsible for any such use by you.
Disclaimer of Warranties; Liability Limitations.
a) New City Media INC DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME New City Media INC MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
b) YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY New City Media INC ) PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
c) IN NO CASE SHALL New City Media INC , ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, New City Media INCs LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
d) New City Media INC SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND New City Media INC HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
e) New City Media INC DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND New City Media INC DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PRODUCTS PURCHASED FROM New City Media INC THAT ARE STORED IN YOUR SYSTEM.
Waiver and Indemnity.
BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD New City Media INC , ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY New City Media INC AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM New City Media INC , ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF New City Media’s CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
Changes.
New City Media INC reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as “Additional Terms”) will be effective immediately and incorporated into this Agreement. Your continued use of the Service following will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
Notices.
New City Media INC may send you a notice with respect to the Service by sending an email message to the email address listed in your New City Media INC Account contact information or by a posting on the New City Media INC website. Notices shall become effective immediately.
Governing Law.
The laws of the State of Florida, excluding its conflicts of law rules, govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with New City Media INC or relating in any way to your use of the Service resides in the courts of the State of New York.
Miscellaneous.
These Terms of Service constitute the entire agreement between you and New City Media INC and govern your use of the Service, superseding any prior agreements between you and New City Media INC . You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. New City Media INC’s failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. New City Media INC will not be responsible for failures to fulfill any obligations due to causes beyond its control.