All OneLegUpNYC.com graphics, logos and service marks and trademarks of Z. Prod. Inc. and its affiliates may not be used without prior written consent of Z. Prod. Inc. or its affiliates, as the case may be. All other trademarks, product names, and company names and logos appearing on OneLegUpNYC.com are the property of their respective owners. All rights reserved.
II. DISCLAIMERS & LIMITATION OF LIABILITIES:
User expressly agrees that use of OneLegUpNYC.com is at User’s sole risk. Neither Z. Prod. Inc., nor its affiliates, nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, “Providers”), or the like, warrant that OneLegUpNYC.com will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of OneLegUpNYC.com, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through OneLegUpNYC.com.
THIS SITE IS PROVIDED BY Z. Prod. Inc. ON AN “AS IS”AND “AS AVAILABLE” BASIS. Z. Prod. Inc. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Z. Prod. Inc. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Z. Prod. Inc. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY Z. Prod. Inc. NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstances shall OneLegUpNYC.com or any other party involved in creating, producing, or distributing OneLegUpNYC.com be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use OneLegUpNYC.com, including but not limited to reliance by a User on any information obtained from OneLegUpNYC.com or that result from mistakes, omissions, interruptions, deletion of files or e-mail, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to OneLegUpNYC.com’s records, programs, or services. User hereby acknowledges that this paragraph shall apply to all content, merchandise, and services available through OneLegUpNYC.com. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
a. PROPRIETARY RIGHTS:
User acknowledges that OneLegUpNYC.com contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. Except as provided in the preceding sentence or as permitted by the fair use privilege under the US copyright laws (see,e.g., 17 U.S.C. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.
b. DISTRIBUTION OF THIRD PARTY CONTENT:
The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither OneLegUpNYC.com, nor its affiliates, nor any of their officers, directors, employees, agents, Providers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement by contacting OneLegUpNYC or Z. Prod. Inc. at firstname.lastname@example.org. By submitting Content to any User-submit areas, including, without limitation, any User book reviews or participation in any author chats, User automatically grants, or warrants that the owner of such Content has expressly granted OneLegUpNYC.com the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy, and distribute the Content 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 Content. User also permits any other User to access, store, or reproduce the Content for that User’s personal use. Subject to this grant, the owner of Content placed on OneLegUpNYC.com retains any and all rights which may exist in such Content.
c. THIRD-PARTY CONTENT:
OneLegUpNYC.com is a distributor and not a publisher of Content supplied by third parties and Users. OneLegUpNYC.com has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers or any other User of OneLegUpNYC.com, are those of the respective authors or distributors and not of OneLegUpNYC.com or its affiliates or any of their officers, directors, employees, or agents. Neither OneLegUpNYC.com nor its affiliates, nor any of their officers, directors, employees, or agents, nor any third party, including any Provider, or any other User of OneLegUpNYC.com, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through OneLegUpNYC.com represents the opinions and judgments of the respective Provider, or User not under contract with OneLegUpNYC.com. OneLegUpNYC.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on OneLegUpNYC.com by anyone other than authorized OneLegUpNYC.com employees. Under no circumstances shall OneLegUpNYC.com, or its affiliates, or any of their officers, directors, employees, or agents be liable for any loss, damage or harm caused by a User’s reliance on information obtained through OneLegUpNYC.com. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through OneLegUpNYC.com.
IV. ONLINE CONDUCT:
User agrees to use OneLegUpNYC.com only for lawful purposes. User is prohibited from posting on or transmitting through OneLegUpNYC.com any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.
If OneLegUpNYC.com is notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by User, OneLegUpNYC.com may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from OneLegUpNYC.com. OneLegUpNYC.com may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate OneLegUpNYC.com; or (iii) to protect the rights or property of OneLegUpNYC.com, its Users or Providers.
OneLegUpNYC.com reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, OneLegUpNYC.com, the communities that make up OneLegUpNYC.com, or any rights of OneLegUpNYC.com or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither OneLegUpNYC.com nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither OneLegUpNYC.com, nor its affiliates, nor any of their officers, directors, employees, or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on OneLegUpNYC.com.
VI. TERMINATION OF USAGE:
OneLegUpNYC.com may terminate User’s access, or suspend any User’s access to all or part of OneLegUpNYC.com, without notice, for any conduct that OneLegUpNYC.com, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third-party Provider, a service provider, or OneLegUpNYC.com.
VII. USAGE BY CHILDREN UNDER 13:
OneLegUpNYC.com cannot prohibit minors from visiting this site. OneLegUpNYC.com must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase.
OneLegUpNYC.com requires that all purchases be made by individuals 21 years of age or older. EACH TIME YOU PURCHASE A PRODUCT AT OneLegUpNYC.com, YOU ARE REPRESENTING TO OneLegUpNYC.com THAT YOU ARE AN INDIVIDUAL 21 YEARS OF AGE OR OLDER.
VIII. APPLICABLE LAW:
This site is created and controlled by OneLegUpNYC.com in the State of New York. As such, the laws of the State of New York will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. OneLegUpNYC.com reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the exclusive jurisdiction of the courts of the State of New York and of the United States of America located in the State of New York for any litigation arising out of or relating to use of or purchase made through New York (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the New York Courts and agrees not to plead or claim in any New York Court that such litigation brought therein has been brought in an inconvenient forum.