A user shall use NY 411 for lawful purposes only. A user shall not post or transmit through NY 411 any material which violates or infringes in any way upon the rights of others, which is unlawful, abusive, threatening, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without NY 411’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a user that in NY 411’s discretion restricts or inhibits any other user from using or enjoying NY 411 will not be permitted. A user shall not use NY 411, to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with NY 411.
NY 411 contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of NY411.com are copyrighted as a collective work under United States copyright laws. NY 411 owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. This includes search directory listings, job listings and all other content on NY 411. A user may download copyrighted material for their personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of NY 411 and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. A user acknowledges that they do not acquire any ownership rights by downloading copyrighted material.
A user shall not upload, post or otherwise make available on NY 411 any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with the user. A user shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of NY 411, a user automatically grants, or warrants that the owner of such material has expressly granted NY 411 the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. A user also permits any other user to access, view, store or reproduce the material for that user’s personal use. A user hereby grants NY 411 the right to edit, copy, publish and distribute any material made available on NY 411 by that user.
The foregoing provisions of section 1 are for the benefit of NY 411, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
The service (to include options) is provided without warranties of any kind, whether expressed, implied or statutory including but not limited to, any implied warranty of merchantability, fitness of the service for a particular purpose and non-infringement of any third party rights. NY 411 makes no warranty of any kind, expressed or implied, regarding the quality, accuracy, or validity of the data and/or information sent or accessed through its site or that the service will be error free.
Limitation of Liability
Under no circumstance shall NY 411 and its subsidiaries, directors, employees or affiliates be liable for any indirect, incidental, special, punitive or consequential damages (including, without limitation, lost profits) whether or not foreseeable, that result in any way from a customer’s use of or inability to use the service or the equipment obtained through the service, or customer’s reliance on information provided, or that result from mistakes, omissions, interruptions, deletions or any failure of performance, even if NY 411 has been advised of the possibility of such damages. In any case, NY 411’s entire liability under or existing out of this agreement is limited to the sum total of payments made by customer to NY 411 during the six months immediately preceding the event for which damages are claimed. No action or proceeding against NY 411 may be commenced more than one (1) year after the service giving rise to the claim is rendered.
Customer agrees to indemnify, defend and hold NY 411 and its subsidiaries, directors, employees and affiliates harmless from any claims, losses or damages, including attorney’s fees, relating to any violation of this agreement by customer or placement of or transmission of any message, information, software or other materials on the internet by customer or user authorized by customer to do so. This indemnification shall survive the termination of the agreement.
Choice of Law
This agreement has been made in Orlando, Florida and is governed by and construed in accordance with the laws of the State of Florida. YOU CONSENT to and agree that personal jurisdiction over YOU and all disputes over this agreement may at our OUR option be with the courts of the State of Florida or the Federal District Court for the Middle District of Florida, with respect to any provision of this agreement.
If you have any questions or concerns about anything contained in this document, please email us or call us toll free at 877.629.4122.