Terms of Use

By using or attempting to use our NYCxDESIGN Properties, you acknowledge that you have read and understood these Terms of Use and agree to be bound by the terms and conditions hereunder. If you do not agree with these Terms of Use, then do not use or attempt to use, whether in whole or in part, the NYCxDESIGN Properties.

Below is a short summary of some significant terms that are included in these Terms of Use. You should always read the Terms of Use in their entirety since they represent the terms of a binding agreement to which you are a party, but we thought it might be helpful to bring several key points to your attention right away:

You are granted a non-exclusive, non-transferable limited license to use the NYCxDESIGN Properties, subject to these Terms of Use.

To access certain tools, features or functions contained within the Content, you may be required to establish an account.

We may make periodic updates to the NYCxDESIGN Properties at any time and from time to time with or without notice to you.

The Content may include digital rights management, security and anti-tampering related features which, if triggered, may result in Content that was previously available for use being unavailable thereafter.

You must be at least 18 years of age to accept these Terms of Use and to use our NYCxDESIGN Properties.

By using the NYCxDESIGN Properties in any manner, you consent to the collection, processing and use of all information that we may collect from you, all of which is collected and handled pursuant to the terms of our Privacy Policy.

You understand that you may encounter Content on the NYCxDESIGN Properties that you may find objectionable.

Any User Content (as defined in Section 9 below) that you submit and/or contribute to NYCxDESIGN may be used by NYCxDESIGN under a royalty-free, non-exclusive, worldwide and perpetual license

We may modify these Terms of Use and may change (e.g., add to, remove or modify) all or any part of these Terms of Use at any time, and although we will post a notice whenever we make a material change, you are responsible for checking these Terms of Use periodically to be sure you are aware of the terms and conditions that apply to you at any time.

No information presented throughout any of the NYCxDESIGN Properties is intended to be construed as, or a substitute for, professional advice. The information presented throughout the NYCxDESIGN Properties is for general informational purposes only, and is not to be taken as medical advice or treatment information.

Your use of any portion of the NYCxDESIGN Properties and/or your reliance on any of the information contained therein is at your own risk.

NYCxDESIGN disclaims, to the fullest extent permissible by law, all representations and warranties regarding the NYCxDESIGN Properties as well as any and all products, services and content featured thereon, and limits its liability with respect to these representations and warranties, all as described below.

If you have any questions regarding these Terms of Use, or if you would like to contact us for any other reason, email NYCxDESIGN at [email protected]

2. License; Reservation of Rights.

By accepting these Terms of Use, you are granted a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the NYCxDESIGN Properties solely for the purposes of downloading, using, and/or viewing the Content in connection therewith.

We make no representations about the accuracy, reliability, completeness, or timeliness of any Content or the results to be obtained from using the NYCxDESIGN Properties, and you expressly agree that your use of the NYCxDESIGN Properties is solely at your own risk. You agree that you will only use the NYCxDESIGN Properties for non-commercial personal use and for no other purpose. Other than the limited license granted in this Section 2, you have no other rights, title or interest in the NYCxDESIGN Properties, and any rights not specifically granted to you by us are fully reserved by us and our licensors, as applicable. Any unauthorized or prohibited use of the NYCxDESIGN Properties may subject you to civil liability, criminal prosecution, or both. You understand and acknowledge that in all circumstances your rights with respect to the NYCxDESIGN Properties, including the Content therein, will be limited by applicable intellectual property laws and by these Terms of Use.

3. Additional Restrictions.

Your use of the NYCxDESIGN Properties is also subject to the following restrictions:

You agree to abide by all of the terms and conditions in these Terms of Use. These Terms of Use will be enforced in a non-discriminatory manner to all end users of the NYCxDESIGN Properties, and may include, for example, required or automated updates and modifications, and obtaining available patches to, among other reasons, address security, interoperability, and/or performance issues. These updates, modifications and the like may occur on a periodic or as needed basis without notice to you.

You must be at least 18 years of age to agree to and accept these Terms of Use on your own behalf unless otherwise permitted by us in writing. We believe that children using the Internet require special protection, and we urge parents or guardians to explain Internet safety to their children. Parents are urged to spend time online with their children to become familiar with the types of Content available on the Service and the Internet in general. Control tools are available from online services and software manufacturers to help create a safer environment for children.

You may not use the NYCxDESIGN Properties to transmit, display, perform or otherwise make available any messages, content or materials (i) that are illegal, obscene, threatening, of a “spamming” nature, defamatory, or invasive of privacy; (ii) so as to violate or infringe any copyrights, trademarks, patents, trade secrets, other intellectual property rights, privacy or publicity rights, communications regulations or statutes, or any other laws, including without limitation laws concerning defamation, harassment, obscenity, or pornography; (iii) that constitute political campaigning or commercial solicitation or that contain software viruses or other computer code designed to interfere with the functionality of any computer systems; or (iv) that harms minors in any way. You agree not to interrupt or attempt to interrupt the operation of the NYCxDESIGN Properties in any way.

Because the NYCxDESIGN Properties include security components, special rules and policies apply. You may not attempt (or support others’ attempts) to circumvent, reverse engineer, decrypt, decompile, disassemble, or otherwise alter, tamper or interfere with any aspect of the NYCxDESIGN Properties. You may not distribute, exchange, modify, sell or re-sell, or transmit to any other person any part of the NYCxDESIGN Properties, including, but not limited to, any text, images, video or audio, for any business, commercial or public purpose.

The license granted to you hereunder does not convey to you any of the following: (a) reproduction or promotional use rights in the Content (e.g., any uses that implicate or require public performance or print music rights, or any use that would result in the commercial redistribution of the Content or the musical composition underlying the Content), (b) rights to enter into arrangements with any revenue-generating broadcast system (terrestrial, satellite, cable and/or other distribution channels), (c) rights to distribute or redistribute Content on streaming applications (via Internet, intranets and/or other networks), (d) rights to distribute to others Content on other content distribution systems (pay-audio or audio-on-demand applications and the like) or on physical media (compact discs, digital versatile discs, semiconductor chips, hard drives, memory cards and the like), or (e) commercial, sale, resale, reproduction, distribution or promotional use rights for the Content.

You acknowledge and agree that the views expressed on the NYCxDESIGN Properties do not necessarily reflect the views of NYCxDESIGN, and NYCxDESIGN does not support or endorse any content or materials, whether or not edited by NYCxDESIGN, that is posted or submitted by you or any other user.

You may be required to register as a user on the NYCxDESIGN Properties to access certain sites, pages and offerings. You agree to provide true, accurate, current and complete information about yourself as prompted by any subscription form, contribution form and any registration form contained within the NYCxDESIGN Properties. If any information provided by you is untrue, inaccurate, not current or incomplete, NYCxDESIGN reserves the right to terminate your subscription and refuse any and all current or future use of the NYCXDESIGN Properties. NYCXDESIGN reserves the right, in its sole discretion, to terminate your registration at any time for any reason without notice.

Without limiting any of the foregoing, you agree to not use the NYCxDESIGN Properties to:

Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials, that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful;

“Stalk” another user;

Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any content or materials that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

Impersonate any person or entity, including, but not limited to, a NYCxDESIGN official, or falsely state or otherwise misrepresent your affiliation with a person or entity;

Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any materials that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “Spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

Upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, 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 or any other similarly destructive activity, or surreptitiously intercept or expropriate any system, data or personal information;

Act in a manner that negatively affects other users’ ability to engage and use any aspect of the NYCxDESIGN Properties;

Intentionally or unintentionally violate any applicable local, state, national or international law; and/or

Harvest, collect or store information about the users of the NYCxDESIGN Properties posted by others or use such information for any purpose inconsistent with the purpose contemplated hereunder.

You acknowledge that NYCxDESIGN is not responsible for material submitted to any of the NYCxDESIGN Properties by its users. NYCxDESIGN does not pre-screen, monitor, review or edit the content posted by users. However, NYCxDESIGN and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any submissions, in whole or part, that, in NYCxDESIGN’s judgment, does not comply with this Terms of Use or is otherwise undesirable, inappropriate or inaccurate. NYCxDESIGN is not responsible for any failure, non-failure or delay in removing such content. You agree to immediately notify NYCxDESIGN of any unauthorized use of the Service or any other breach of security known or suspected by you.

4. Disclaimer of Referrals.

In addition to the other restrictions, requirements and disclaimers set forth in these Terms of Use, to the extent NYCxDESIGN shall provide users with a referral source for medical and/or other professionals of any kind, then if you choose to use such referral tools (including without limitation, interacting with, using or seeking assistance from, any of the professionals referred to you), then to the extent available, you hereby agree and acknowledge as follows:

NYCxDESIGN hereby disclaims all representations and warranties of any kind with respect to any professional that is or may be featured within the NYCxDESIGN Properties;

The professional referral materials contained within any NYCXDESIGN Properties are not intended to constitute to, replace or otherwise be a substitute for professional advice;

We do not guaranty the accuracy, quality or availability of the referrals;

Even if certain medical procedures, perspectives and products are featured within any of the NYCXDESIGN Properties, we do not recommend or endorse them in any capacity;

Your reliance on any Content and/or referral(s) originated within the NYCxDESIGN Properties is at your own risk; and

For specific medical-related questions, please see a licensed health care professional of your choosing.

To provide users with a forum in which to identify and locate professionals, NYCxDESIGN cannot and does not involve itself in the agreements between users and the actual professionals that may be featured on the NYCxDESIGN Properties (and/or their representatives). In addition, NYCxDESIGN does not screen any professionals and the fact that any professional appears on the NYCxDESIGN Properties does not imply an endorsement of him/her. Accordingly, NYCxDESIGN cannot ensure the success or level of care that may be provided by any such professional. You, and not NYCxDESIGN, are solely responsible for assessing the integrity, honesty and trustworthiness of all professionals with whom you may communicate. In addition, a provider’s participation with specific health care plans change frequently, and we always recommend that you check with the provider directly regarding his/her insurance affiliations.

5. External Links Disclaimer; Affiliate Partnerships.

The NYCxDESIGN Properties routinely contain links to external, third party websites. By providing links to other sites, NYCxDESIGN does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to the site in question.

NYCxDESIGN does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.

Visitors to any NYCxDESIGN Properties assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to the site administrator or webmaster.

6. Intellectual Property Rights.

The NYCxDESIGN Properties contain and/or embody copyrighted material, trade secrets, patented (and/or patent pending) inventions and/or other proprietary material and intellectual property of ours and/or our licensors. All title and ownership rights in the NYCxDESIGN Properties and all elements and portions thereof, remains with us and our licensors, as applicable. You agree to keep information contained in the NYCxDESIGN Properties which is not publicly known confidential to yourself, and not to disclose such information to others without our prior written approval.

Our NYCxDESIGN Properties are protected by applicable copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. In addition, the NYCxDESIGN Properties are protected, among other ways, under copyright laws as collective works and/or compilations pursuant to applicable United States, Canadian and foreign laws. You agree to comply with all applicable copyright protection laws in connection with your use of the NYCxDESIGN Properties. In addition to these Terms of Use, we may take appropriate measures to protect copyright of the Content and the NYCxDESIGN Properties.

You cannot use any of the trademarks or protected copyright materials found on and within the NYCxDESIGN Properties, except as specified herein and in accordance with applicable law. You may not copy, display or use any of the trademarks or protected copyright materials without prior written permission of the owner. Any unauthorized use may violate United States, Canadian and foreign copyright laws, trademark laws, the laws of privacy and publicity, and civil or criminal statutes.

7. Unsolicited Materials; User License

In operating the NYCxDESIGN Properties, NYCxDESIGN neither solicits nor desires to receive any materials (confidential or otherwise) from its users through any means (excluding certain transaction information that may be required to process financial transactions such as your credit card number or other payment information (the “Transaction Information”)). Any information or material submitted or sent to NYCxDESIGN will not be treated as confidential or secret, save certain Transaction Information.

In addition to the foregoing, by communicating with NYCxDESIGN and submitting or sending content, materials, drawings, ideas, concepts, designs, or information in any format now existing or hereafter devised (the “User Content”), you are granting NYCxDESIGN a royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part). Such license includes incorporating the User Content, in whole or in part, into any NYCxDESIGN work product. You also warrant that any “moral rights” in posted materials have been waived.

8. Privacy Policy.

We are committed to protecting your privacy and security and have explained in detail the steps we take to do so. We urge you to read our Privacy Policy.

9. Disclaimer of Warranties.

EXCEPT AS EXPRESSLY PROVIDED HEREUNDER TO THE CONTRARY, THE NYCXDESIGN PROPERTIES THE CONTENT THEREON AND THE PRODUCTS/SERVICES OFERRED THEREBY ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITATION OF THE FOREGOING AND IN ADDITION TO THE OTHER DISCLAIMERS SET FORTH ELSEWHERE IN THESE TERMS OF USE, NYCXDESIGN SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE NYCXDESIGN PROPERTIES; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY THE NYCXDESIGN PROPERTIES FEATURED OR SOLD THEREON, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMISSION, DELETION OR DEFECT THEREIN, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE THEREOF, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION. NYCXDESIGN DOES NOT WARRANT OR GUARANTEE (A) THAT ANY PORTION OF THE NYCXDESIGN PROPERTIES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (B) THAT ACCESS TO THE NYCXDESIGN PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE PRECEDING SHALL EQUALLY AND FULLY APPLY TO ALL CONTENT, SERVICES OR PRODUCTS MADE AVAILABLE BY NYCXDESIGN (AND/OR OTHERS) THROUGH THE NYCXDESIGN PROPERTIES.

NYCXDESIGN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE NYCXDESIGN PROPERTIES. IN ADDITION, EACH AND EVERY USER THAT SEEKS TO PROCURE AND USE PRODUCTS AND/OR SERVICES FROM ANY OF THE NYCXDESIGN PROPERTIES SHALL DO SO AT HIS/HER OWN RISK.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

10. Limitation of Liability.

IN NO EVENT WILL NYCXDESIGN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, SUPPLIERS, ADVERTISERS, PARENTS, AFFILIATES, SUCCESSORS OR ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE NYCXDESIGN PROPERTIES, EVEN IF NYCXDESIGN OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; (ii) FOR ANY LIABILITY OR HARM ARISING FROM YOUR USE OF ANY REFERRAL; OR (iii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN OF THE NYCXDESIGN PROPERTIES. 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, NYCXDESIGN’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

11. Indemnification.

Upon a request by NYCxDESIGN, you agree to defend, indemnify and hold NYCxDESIGN, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the NYCxDESIGN Properties, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms of Use by you. NYCxDESIGN reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with NYCxDESIGN in asserting any available defense.

12. Software

From time to time, NYCxDESIGN may make software (i.e., apps, programs, etc.) available for you to download or use. Such software will be subject to the terms of the license agreement that accompanies it. If there is no license agreement presented to you with the software, then the following license, in addition to the other terms of these Terms of Use govern your use of such software. We grant you a personal, non-exclusive, non-transferable, limited license to install the software on any single computer. The software is protected by copyright and other intellectual property laws and treaties and is owned by us or our suppliers. You may not: (i) copy, sell, redistribute, rent, lease or otherwise transfer the software or any of the limited rights you receive hereunder; (ii) incorporate it or any portion of it into another product; (iii) reverse engineer, decipher, decompile, or disassemble the software or otherwise attempt to derive the source code or underlying ideas or algorithms of the software or any portion of the software, including without limitation any application or widget (except where expressly permitted by law); (iv) export, re-export, transfer and/or release the software, related technology, or any product thereof, for any proscribed end-use, or to any proscribed country, entity or person (wherever located), without proper authorization from the U.S. and/or foreign government; (v) modify, translate, adapt, or create derivative works from the software or any portion of the software in any way or remove proprietary notices in the software. You agree to abide by all laws and regulations in effect regarding your use of the software. You may not authorize or assist any third party to do any of the things prohibited in this paragraph.

We may automatically check your version of the software and update it to improve its performance and capabilities. If you shut down the software during an automatic update or otherwise interfere with the installation of the update, the software may be damaged and/or cease to operate.

13. Image Terms of Use; Copyrights and Copyright Agent.

Claims of Copyright Infringement

Notifications of claimed copyright infringement and counter notices must be sent to our advisors:

NYCxDESIGN

c/o- Levy  Sonet & Siegel, LLP

630 Third Ave

New York, NY 10017

We will respond expeditiously to claims of copyright infringement committed using the NYCxDESIGN Properties that are reported to the above-referenced advisors in accordance with the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”) or, as applicable, other laws. With respect to the NYCxDESIGN Properties hosted in the United States, these notices must include the required information set forth in the DMCA, which includes without limitation:

A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that you claim is infringed;

Identification of the copyrighted work(s) that you claim has been infringed;

A description of the material that you claim is infringing and the location of that material on the Site;

Your address, telephone number and email address;

A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on our sites is infringing your copyrights. We also reserve the right to publish your letter on the site(s).

14. Applicable Laws / Jurisdiction.

You agree that the laws of the State of New York, excluding its conflicts-of-law rules, shall govern these Terms and Conditions, and you further agree and expressly consent to the exercise of personal jurisdiction solely in the courts of the State of New York, in connection with any such dispute and including any claim involving NYCxDESIGN or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

15. Remedies.

You agree that any unauthorized use of the NYCxDESIGN Properties will result in irreparable injury to NYCxDESIGN, for which money damages would be inadequate. Therefore, in such event, NYCxDESIGN shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you and to prevent any unauthorized use. Nothing contained in this Section or elsewhere in these Terms of Use shall be construed to limit remedies available pursuant to statutory or other claims that NYCxDESIGN may have under separate legal authority.

16. Provisions unenforceable or invalid.

If any part of these Terms of Use 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.

17. Assignment.

You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms of Use. NYCxDESIGN may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under this agreement to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent.

If you have any questions about this policy or our site in general, please contact us.