Last Updated: April 2013
PLEASE READ THESE WEBSITE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE.
In accordance with the Digital Millennium Copyright Act and other applicable laws, NY On Air has adopted a policy of terminating, in appropriate circumstances and at NY On Air’s sole and absolute discretion, account holders who infringe the intellectual property rights of NY On Air or any third party.
In consideration of your use of the Site, you agree to: (i) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data“); (ii) maintain and promptly update the Registration Data, and any other information you provide to NY On Air, to keep it accurate, current and complete; (iii) maintain the security of your password and identification; (iv) notify NY On Air immediately of any unauthorized use of your account or other breach of security; (v) accept all responsibility for any and all activities that occur under your account; and (vi) accept all risks of unauthorized access to the Registration Data and any other information you provide to Company.
This Site is owned by NY On Air. Unless otherwise set forth herein, all of the content on this Site, including, without limitation, photographic, moving and other images, text, graphics, data, sound, illustrations, software, and the selection and arrangement thereof (collectively, “NY On Air Content“), is owned by NY On Air, its licensors or its third-party information or content providers. All elements of the Site, including the NY On Air Content, are protected by copyright, trademark, patent, trade dress, trade secret, moral rights and other laws and treaties relating to the protection of intellectual property (collectively, “IP Laws”).
This Site and the NY On Air Content are intended only for customers of NY On Air. Certain NY On Air Content will only be made available to users who pay NY On Air a fee for such NY On Air Content and/or enter into a subscription agreement or other use agreement for that particular NY On Air Content. Unless you enter into a subscription agreement with NYONair you may not download, distribute, display and/or copy any NYONair Content. See License Terms.
Except as expressly provided herein or in the License Terms, NY On Air does not grant any express or implied permission to use any NY On Air Content. Without limiting the foregoing, and except as expressly provided herein or in the License Terms, you agree not to download, copy, republish, transmit, re-transmit, frame (or use similar navigational technology in connection with), link to, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, license, sublicense, distribute, display or reverse engineer the Site or any of the NY On Air Content. You agree not to use any data mining, robots or similar data and/or image gathering or extraction methods in connection with the Site or the NY On Air Content. You also agree not to register, subscribe, unsubscribe, or attempt to register, subscribe or unsubscribe any third party for any NY On Air product or service if you are not expressly authorized by such party to do so.
If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement as set forth below:
NY On Air Legal Department 1370 Bridport Drive Toms River, New Jersey08755 E-mail: legal@NYONair.com
We may give notice of a claim of copyright infringement by means of a general notice on the Site, electronic mail to a user’s e-mail address, or by written communication sent by first-class mail to a user’s address.
Without limiting the foregoing, you agree that you will not:
You agree not to frame any Trademark or NY On Air Content or hotlink to the Site, without the express written permission of NY On Air.
In the event NY On Air provides links from the Site to any third party website, or permits any third party to link from its website to the Site, NY On Air makes no warranty of any kind, express, implied, statutory or otherwise, and accepts no responsibility for any content or practices of such third parties or third party websites. Such websites are not under the control of NY On Air and NY On Air provides and/or permits these links only as a convenience to you.
When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
The inclusion of any such link, or the reference on the Site to any third party products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply any affiliation, endorsement, sponsorship or recommendation thereof by NY On Air.
Your participation, correspondence or business dealings with any third party found on or through the Site, including, without limitation, the 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 third party. You agree that NY On Air shall not be responsible for any claim, damage, loss, liability, cost or expense incurred or suffered by you arising out of, resulting from or otherwise relating to any such dealings.
NY ON AIR ALSO MAKES NO WARRANTY THAT THE SITE OR THE NY ON AIR CONTENT IS FREE FROM INFECTION BY VIRUSES OR OTHER ITEMS THAT HAVE CONTAMINATING OR DESTRUCTIVE PROPERTIES.
YOU, and NOT NY ON AIR, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE NY ON AIR CONTENT.
CERTAIN STATES IN THE UNITED STATES AND CERTAIN FOREIGN COUNTRIES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR CERTAIN CATEGORIES OF DAMAGES. AS A RESULT, SOME OR ALL OF THE LIMITATIONS SET FORTH ABOVE MANY NOT APPLY TO YOU TO THE EXTENT THEY ARE PROHIBITED OR SUPERSEDED BY APPLICABLE STATE, FEDERAL, OR FOREIGN PROVISIONS.
NY ON AIR, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, THIRD PARTY INFORMATION AND CONTENT PROVIDERS AND INDEPENDENT CONTRACTORS, AND ITS AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, SHALL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO LOSS OF USE, LOSS OF REVENUE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR OTHERWISE, ARISING OUT OF, RESULTING FROM OR OTHERWISE RELATED TO OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, NY ON AIR CONTENT OR THE OTHER PRODUCTS OR SERVICES OF NY ON AIR OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY YOU OR ANY OTHER USER ON ANY INFORMATION OBTAINED FROM THIS SITE OR OTHERWISE FROM NY ON AIR, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURES, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO NY ON AIR CONTENT OR ANY OTHER NYONair PRODUCTS OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NY ON AIR, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR UNDER ANY OTHER THEORY, ARISING OUT OF, RESULTING FROM OR OTHERWISE RELATING TO OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO NY ON AIR FOR ACCESS TO OR USE OF THE SITE.
Notwithstanding the foregoing, if you have in any manner violated or threatened to violate NY On Air’s intellectual property rights, NY On Air may seek injunctive or other appropriate relief in any state, federal or foreign court in the State of New Jersey or the State of New York, and you consent to exclusive jurisdiction and venue in such courts.
Any rights not expressly granted herein are reserved by NY On Air.