NY Business Book - All Things New York - Business Reviews - Listings - Ratings - Recommendations

NY Business Book - All Things New York - Business Reviews - Listings - Ratings - Recommendations
 
 
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Terms and Conditions


  1. Acceptance of Terms
    The services provided at www.NYBusinessBook.com (the “Site”) and any subdomain or successor site, as well as software products such as NYBusinessBook’ “Upload Agent” (along with updates and upgrades, the “Software Products”) are provided by NYBusinessBook, Inc. (“NYBusinessBook”), and by using the Site you agree to these Terms of Service (“Terms of Service”). When using a particular service or software product offered on the Site you also may be subject to any posted guidelines, rules, policies, or additional terms of service. NYBusinessBook may update these Terms of Service from time to time, and your continued use of the Site shall be deemed your acceptance of any such updated Terms of Service. These Terms of Service were last revised on October 24, 2007. These Terms of Service comprise the entire agreement between you and NYBusinessBook and supersede all prior agreements between the parties regarding the subject matter hereof. All references herein to “we” or “us” refer to NYBusinessBook. By using the Site you understand and agree that the Site is intended for an adult audience and, as such, there may be some content on the Site that is inappropriate for minors.
  2. Description of Services
    NYBusinessBook (www.NYBusinessBook.com) is a place where people go to read and post reviews of local businesses and services. The company was built on the idea that the best way to find a local business is to ask someone you trust. NYBusinessBook maintains a large listing of business profiles and allows users to write reviews associated with these businesses. Users connect to friends, family, colleagues, and other users on the Site in order to share their experiences dealing with local businesses and services. Users can provide positive or negative feedback on a business as long as it reflects their first-hand experience with the business. The site is free to the community. NYBusinessBook also offers businesses the free opportunity to customize their business listings on NYBusinessBook with photos, coupons and special offers, updated listing information and a personalized “message from the owner”. Businesses that claim their business profile are also given the opportunity to post a response to any review on their business listing. In addition, NYBusinessBook offers a fundraiser program to help users support their favorite charities or organizations. To learn more about this program please visit the fundraising tab on our website. By participating in NYBusinessBook’ Fundraising Program you must first agree to the Fundraising Program Terms and Conditions .
  3. Conditions of Use
    In order to write reviews of businesses on the Site or access certain features on the Site, you must register and provide to us certain personally identifiable information, including but not limited to, first and last name and email address, (collectively “Registration Information”). You must be 18 years of age in order to register with the Site and submit User Content (defined below). NYBusinessBook will only use Registration Information in accordance with its Privacy Policy located at http://www.NYBusinessBook.com/legal/privacy. Providing false Registration Information constitutes a material breach of these Terms of Service.
  4. No Endorsement of Content or Businesses
    You acknowledge that the Site may link to other sites not controlled by us and that the collection of your information by these third party sites is governed by those third party websites’ privacy policies. NYBusinessBook does not control, and makes no representations or endorsements regarding, the quality, accuracy, reliability, appropriateness, or condition of any content posted on the Site including, without limitation, user reviews and the availability or quality of any of the services offered by third parties. NYBusinessBook shall have no obligation to review the Site’s content or pre-screen any of the service providers. NYBusinessBook also obtains some of its healthcare provider information from HealthGrades who obtains that information from sources it believes to be reliable. However, because of the possibility of human and mechanical error as well as other factors, neither NYBusinessBook nor HealthGrades make any representations or warranties, express or implied, as to the accuracy or timeliness of its information, and cannot be responsible or liable for any errors or omissions in its information or the results obtained from the use of such information. The healthcare provider ratings and reviews are statements of opinion and not statements of fact or recommendations to utilize any healthcare provider services and do not constitute medical advice. Users are solely responsible for determining whether the information provided is suitable for their purposes, and reliance on the information is at the users’ sole risk. Users should obtain any additional information necessary to make informed decisions. Neither NYBusinessBook nor Health Grades assume any responsibility or liability for any advice, treatment, or services rendered by any hospital, physician, or other healthcare provider, healthcare facility or health plan featured on the www.NYBusinessBook.com site.
    All User Content (defined below) is the sole responsibility of the user, not NYBusinessBook. You understand that by using the Site you may be exposed to content that is inaccurate, misleading, or otherwise objectionable. The Site may contain hyperlinks to third party web sites outside of the Site. We have no control over and make no representations or endorsements regarding the quality, accuracy, reliability or condition of any third party site nor any content posted on those third party web sites. You understand and agree that under no circumstances will NYBusinessBook be liable for any loss or damage of any kind as a result of your use of the Site or your reliance upon any content including User Content (defined below) posted on or otherwise made available through the Site or Software Products.
  5. User Content
    A. Posting User Content on NYBusinessBook. By posting a review, the user thereby represents that the review is based upon an actual experience with the merchant being reviewed within the past two years. Reviews do not reflect the views of NYBusinessBook, its parent, subsidiary or affiliated companies, or its employees, officers, directors, or shareholders. NYBusinessBook does not assume responsibility or liability for any review or for any claims, damages, or losses resulting from any use of the Site or the materials contained therein. You acknowledge that NYBusinessBook has the absolute right to refuse to display or to remove anything posted by you on or to the Site, including, without limitation, reviews of businesses listed on the Site, user lists, ratings and user profile information such as photos, any other content submitted or posted by you (collectively “User Content”), for whatever reason or for no reason at all. You further agree that by posting or submitting User Content to NYBusinessBook, you are warranting that you are the sole author, creator and owner of that content, and that you are waiving any rights you may have in that content, or to control its use or (re)distribution, including any intellectual property rights, and that you further waive any claim that NYBusinessBook is somehow acting in an unfair or discriminatory manner by refusing to display (or by removing) such content. You agree that you may not and will not post or submit any User Content that contains or features any of the following:

    • Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech (e.g., racist/discriminatory speech.)
    • References to illegal activity, professional malpractice or health code violations.
    • Reviews that do not address the goods and services of the business or reviews with no qualitative value (e.g., “this place is great!”) as determined by NYBusinessBook in its sole discretion.
    • Content that contains personal attacks or describes physical confrontations and/or sexual harassment.
    • Personal information or messages including email addresses, URLs, phone numbers and postal addresses (or both first and last name of an individual unless their name is also part of the business name) that are not already publicly available.
    • Messages that are advertising or commercial in nature, or are inappropriate based on the applicable subject matter.
    • Language, photos, video or other media that violates the standards of good taste or the standards of this website, as determined by NYBusinessBook in its sole discretion.
    • Content determined by NYBusinessBook to be illegal, or to violate any federal, state, or local law or regulation or the rights of any other person or entity.
    • Language intended to impersonate other users (including last names of other individuals) or offensive or inappropriate user names or signatures as determined by NYBusinessBook in its sole discretion.
    • Proper grammar, punctuation and spelling must be used. No “text speak” or ALL CAPS.
    • Content that is not in English, that is encrypted or that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or personal information.

B. Ownership of User Content. All User Content is owned solely by NYBusinessBook, and by submitting any User Content you relinquish any right or claim of right to such User Content. NYBusinessBook is under no obligation to give credit or pay any consideration to you for any User Content you post on the Site, or any use by NYBusinessBook of such User Content.
C. Representations and Warranties. By using the Site you represent and warrant that any User Content posted by you does not contain material or links to material that infringes upon a third party’s intellectual property or proprietary rights including, without limitation, copyright, patent, trademark, trade secrets, or rights of publicity or privacy. You further represent and warrant that you have all necessary rights to provide and have posted on the Site the User Content, and to transfer such ownership of such User Content to NYBusinessBook, and that NYBusinessBook has the right but not the obligation to monitor and edit or remove any activity or User Content. You further agree to accept full liability and responsibility for all User Content submitted by you or on your behalf for posting on the Site.

  1. Acceptable and Lawful Use of Software Products
    Any Software Product that is made available, either as a download or otherwise, from the Site is the copyrighted work of NYBusinessBook and/or its affiliates or suppliers. Use of the Software Products is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software Product (“License Agreement”), or as expressly stated on the website pages accompanying the software. An end user will be unable to install any Software Products that is accompanied by or includes a License Agreement, unless he or she first agrees to the License Agreement terms. The Software Products are made available solely for use by end users according to the applicable License Agreement. Any use, reproduction, redistribution of the Software Products not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Absent a License Agreement that accompanies a Software Product, use of the software will be governed by this Terms of Use.

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE PRODUCTS TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.

  1. Relationship
    No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Service, and these Terms of Service are solely between you and NYBusinessBook and is not intended to be for the benefit of any third party. If there is a dispute between participants on this Site, or between users and any third party, you understand and agree that NYBusinessBook is under no obligation to become involved. In the event that you have a dispute with one or more users or third parties, you hereby release NYBusinessBook, 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 services.
  2. Offline Conduct
    Although NYBusinessBook cannot monitor the conduct of its users off the Site, it is a violation of these Terms of Service to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without his/her prior explicit consent. In some instances, NYBusinessBook provides toll-free phone numbers to its advertisers for the express purpose of tracking calls from the users of NYBusinessBook. It is a violation of these rules for users to call these toll-free numbers to solicit business from advertisers, to test the service or for any reason other than inquiring about the products and services being advertised.
  3. Security
    We utilize secure servers to protect your Registration Information. Users shall not disclose Registration Information to third parties. Users are responsible for all activities which occur under their Registration Information. User agrees to immediately notify us in writing of any unauthorized use of User’s account.
  4. Unauthorized Use of Site
    You may not use any device, software or routine to interfere with the proper working of the Site. You may not intercept or expropriate any system data or information, or copy, reproduce, alter, modify, create derivative works, or publicly display any content from the Site without the express written permission of NYBusinessBook. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the efficient operation of the Site including but not limited to unsolicited email (i.e.: “Spam”). You shall not use any method including the use of robots, spiders, other automatic devices or manual processes to monitor or copy our web pages or the content contained on the Site without the prior expressed written permission of NYBusinessBook. Information on the Site is frequently updated and is proprietary or is licensed to NYBusinessBook.
  5. System Outages
    We periodically schedule system downtime for maintenance and other purposes. Unplanned system outages also may occur. We shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery, nondelivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.
  6. Disclaimers
    NYBusinessBook provides this web site and the software products “as is” and without any warranty or condition, express, implied or statutory. NYBusinessBook specifically disclaims any implied warranties of title, merchantability, and fitness for a particular purpose, accuracy of informational content and non-infringement. You assume total responsibility and risk for use of the Site, use of any Software Products, and hyperlinked web sites. We make no warranty that the Site will meet your requirements, or that Software Products or services will be uninterrupted, timely, secure or error free, nor do we make any warranty as to the results that may be obtained from the use of the Site or Software Products or as to the accuracy or reliability of any information obtained through the Site or that any defects will be corrected. No advice or information, whether oral or written, obtained by a user from NYBusinessBook shall create any warranty not expressly made herein. This disclaimer is made to the fullest extent permitted by law. In addition, NYBusinessBook disclaims any and all liability for the acts, omissions, and conduct of any third party users, NYBusinessBook users, advertisers, and/or sponsors on the Site, in connection with the Site or otherwise related to your use of the Site. NYBusinessBook is not responsible for the products, services, actions, or failure to act of any third party in connection with or referenced on the Site.
  7. Limitations of Liability
    In no event whatsoever shall NYBusinessBook, its parent company, shareholders, affiliates, suppliers or their respective authorized representatives be liable for any indirect, consequential, incidental, special, punitive or exemplary damages, or for any loss of profits or revenue, including but not limited to loss of sales, profit, revenue, goodwill, or downtime, (however arising in tort, contract, or otherwise) regardless of such party’s negligence or whether such party knew or should have known of the possibility of such damages, and in no event shall NYBusinessBook’ total cumulative liability under this agreement exceed US$50. You understand and agree that the download and upload of any material through this site is done at your discretion and risk and that you will be solely responsible for any loss or damage to your computer system or loss of data that may result in the download or upload of any material. NYBusinessBook neither assumes, nor does it authorize any person or entity to assume on its behalf, any other liability in connection with the provision of the Site and Software Products. The limitations of liability provided in these Terms of Service inure to the benefit of NYBusinessBook, our parent company, shareholders, affiliates and to all of our respective officers, directors, employees, attorneys and agents and, in each case, liability is limited to the fullest extent permitted by law.
  8. Indemnification
    You agree to indemnify, defend and hold harmless NYBusinessBook, its parent company, shareholders, subsidiaries, affiliates, officers, directors, employees, agents and advisors from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) resulting from your use of the Site or Software Products provided hereunder by NYBusinessBook, any User Content you provide, any violations by you of any applicable laws or regulations, and any breaches by you of these Terms of Service.
  9. Violations of Terms and Liquidated Damages
    please report any violations of these Terms of Service, by emailing to customerservice@NYBusinessBook.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.

Notices
Notices to users and NYBusinessBook shall be by email or certified mail, return receipt requested. Notices to NYBusinessBook shall be sent to info@NYBusinessBook. Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. – 512 (the “DMCA”), Citysearch has designated an agent to receive Notifications of Claimed Copyright Infringement (“Notification”) on its Site, who can be reached as follows:

If you have a good faith belief that your copyright, trademark and/or other intellectual property, accessed on or through the Site has been used in a manner that constitutes copyright infringement, you must provide all of the following information to NYBusinessBook’ copyright agent:

(a) Your name mailing address, telephone number, and email address;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) 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;
(e) A statement by you, made in good faith and 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; and
(f) An electronic or physical signature of the copyright owner or an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest.

  1. Governing Law and Choice of Forum
    These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law. In any action to enforce these Terms of Service, the prevailing party will be entitled to costs and attorneys’ fees. Any suit relating to these Terms of Service, the Site or the Software Products shall be brought exclusively in the federal or state courts of Los Angeles, California and both Parties consent to the jurisdiction thereof.
  2. Miscellaneous
    In the event that one or more portions of these Terms of Service shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in these Terms of Service. The headings used throughout these Terms of Service are solely for the convenience of reference and are not to be used as an aid in the interpretation of these Terms of Service. If you have any questions about these Terms of Service, contact us at info@nybusinessbook.com.
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