Last Updated: June 28, 2016
Please be aware that we may make changes to these Terms at any time. Those changes will be posted here and we will make efforts to notify you based on the information in your account. If you do not agree to these changes, then you must stop using NewYorkArtists.net. If you do not stop using NewYorkArtists.net, then your continued use of NewYorkArtists.net will indicate your agreement to be bound by the changed Terms. We recommend that you visit this webpage periodically to review the most current Terms.
Description of Services
NewYorkArtists.net provides New York artists (and artists who live outside the New York area) the opportunity to exhibit their works on the World Wide Web. NewYorkArtists.net is also a website portal featuring information on and links to New York artists, as well as resources that are important to artists, art students and art educators. Any new features added to or that enhance the current NewYorkArtists.net services will automatically become part of NewYorkArtists.net and will be subject to these Terms. In using NewYorkArtists.net, you acknowledge and agree that NewYorkArtists.net may also include third party advertisements.
Description of Services Unrelated to NewYorkArtists.net
NewYorkArtists.net may provide other services and/or products unrelated to NewYorkArtists.net (Webinars, iBooks, eBooks, Sales of Artwork, etc.). You understand and agree that these services and/or products that you may purchase on NewYorkArtists.net are separate from NewYorkArtists.net and any related New York Artists Online Internet properties, and the content, products and services available there (collectively, “NewYorkArtists.net”). You agree that NewYorkArtists.net and any related New York Artists Online Internet properties, and the content, products and services available there (collectively, “NewYorkArtists.net”) are not liable for any of these unrelated products and/or services you purchase.
No Commissions / No Agency
By using NewYorkArtists.net, you understand and agree that New York Artists Online does not take any commission for any work sold by the artist, nor does it function as an agent for the artist in any respect. All transactions between users and artists are at their sole risk and responsibility.
Artwork and Artist Submission Policy
New York Artists Online welcomes submissions of works of art from New York residents, former New York residents, artists who work in New York, artists who have gallery or agent affiliation in New York, artists who have art-related business activity in New York…and artists who love New York. New York Artists Online expands beyond the New York marketplace to Worldwide Art Exposure. You do not have to live in New York or even in the United States to be an artist member of New York Artists Online.
Registered members must agree that their work is of the highest quality in order to join New York Artists Online. Artists must be professional artists and the work they upload must be of a consistent nature. New York Artists Online reserves the right to accept or reject work in order to maintain the level of highest quality on NewYorkArtists.net as determined by New York Artists Online in its sole discretion. New York Artists Online will not accept inconsistent or “student” work, and no refunds will be issued to registered members whose works are removed from New York Artists Online due to failure to abide by these restrictions.
New York Artists Online reserves the right to change the design of NewYorkArtists.net at any time, including but not limited to, the artwork featured on the homepage.
All ownership rights in any links, artwork, content, graphics, photographs, information, data or representations thereof (in whole or in part, “Submissions”) provided by you to New York Artists Online or through NewYorkArtists.net remain vested in you. In providing any Submission, you represent you have all rights necessary to provide such Submission without violation of any intellectual property or other rights or any laws or regulations.
Notwithstanding the above, you understand and agree that by providing a Submission for inclusion on NewYorkArtists.net or otherwise providing content to New York Artists Online, including without limitation, content, suggestions or other materials you submit to New York Artists Online or through NewYorkArtists.net, you are granting to New York Artists Online a world-wide, royalty-free, non-exclusive license to use, reproduce, publish, translate, modify, display, perform, adapt and distribute that Submission (in whole or in part) solely in connection with NewYorkArtists.net, including without limitation for promoting and redistributing part or all of NewYorkArtists.net (and derivative works thereof) 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, in each case without any compensation or obligation to you. Without limiting the generality of the foregoing, you agree that such use by New York Artists Online may include incorporating a Submission as part of the design of the homepage of NewYorkArtists.net (as the same may be modified by New York Artists Online from time to time) and/or displaying a Submission under “featured works,” “featured artists,” “selected artists” or similar sections, web pages or areas of NewYorkArtists.net.
You hereby further grant New York Artists Online the right to edit, copy, publish and distribute any written text accompanying any Submission to be made available on NewYorkArtists.net. You also permit any other user to access, view, store or reproduce any Submission provided by you for that user’s personal, non-commercial use. You understand that the technical processing and transmission of NewYorkArtists.net, and content you have submitted through NewYorkArtists.net, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
The foregoing license granted by you in any Submission may be terminated by sending a written notice to New York Artists Online by clicking on the “Contact Us” link on the homepage, with return receipt or acknowledgement requested, requesting the removal or deletion of such Submission from NewYorkArtists.net, and such termination will take effect as soon as practicable, but in all events within 30 days after your request has been received by New York Artists Online.
You further acknowledge and agree that New York Artists Online may preserve Submissions, even after termination, and may also disclose Submissions, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms or any other applicable agreement or policy; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of New York Artists Online, its users and the public. Without limiting the generality of the foregoing, New York Artists Online may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and you expressly authorize New York Artists Online to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you.
We strongly recommend that you maintain backup versions of all Submissions provided by you to New York Artists Online to guard against losses of any kind. You understand and agree that the provision of any Submissions to New York Artists Online is done at your own discretion and risk and that you will be solely responsible for any loss or damage to your content or image or any damage to your computer system or loss of data that may result in the download or upload of any Submission. You are solely responsible for creating back-ups of your digital content. New York Artists Online is not responsible for any loss of data and/or files resulting from our suspension or deletion of data and/or files, network or system outages, file corruption or for any other reason. In addition, New York Artists Online is not required to return any Submissions you provide to NewYorkArtists.net. New York Artists Online expressly disclaims any and all liability in connection with Submissions. New York Artists Online reserves the right to remove content and Submissions in its sole discretion and without prior notice.
The following pricing schedule is no longer in effect for New York Artists Online memberships and New York Artists Online is currently closed to new members. When members registered, they chose between these plans:
- Plan 1: Artist Listing: Thumbnail image, link to individual artist website, with short description of artwork. (The link must be your own registered domain name) — $50.00 per year.
- Plan 2: Eight image webpage and free link to artist website, brief resume, artist statement, contact email form.
$75.00 per year.
- Plan 3: Twelve image webpage and free link to artist website, brief resume, artist statement, contact email form.
$95.00 per year.
- Plan 4: Sixteen image webpage and free link to artist website, brief resume, artist statement, contact email form.
$115.00 per year.
- Plan 5: Twenty-four image webpage and free link to artist website, brief resume, artist statement, contact email form.
$135.00 per year.Yearly renewal is dependent upon the plan you choose.
New York Artists Online reserves the right to change the pricing schedule applicable to the NewYorkArtists.net membership services, by posting updated pricing information on NewYorkArtists.net. Price changes will not affect your current membership, but may affect renewals, subject to New York Artists Online providing written notice to you of the change.
All membership fees are in US$
[At this time, there are no fees for current members and New York Artists Online is closed to new members.]
New York Artists Online requires that you provide current, complete and accurate billing and contact information for your NewYorkArtists.net membership. All information you provide on your registration form is strictly confidential. If any of your information changes, you agree to promptly notify New York Artists Online of the changes. If New York Artists Online does not receive payment from your selected payment provider, you agree to pay all amounts due on your NewYorkArtist.net membership on demand.
If your initial subscription payment was by credit card, you agree that New York Artists Online may submit renewal charges for payment, without further authorization from you, unless and until you provide notice in writing that you have terminated this authorization or wish to change your payment method. This notice will not affect charges submitted before New York Artists Online reasonably could act.
Unless you request earlier termination, when you cancel your membership, you may generally retain the benefits of membership until the end of the active membership term. Once the active membership term expires, your membership will not be automatically renewed. However, you will not be eligible for a prorated refund of any portion of the any fees paid for your final active membership period. All fees paid to New York Artists Online for the NewYorkArtists.net membership are non-refundable.
Any free trial or other promotion that provides you with temporary unpaid membership-level access to NewYorkArtists.net must be used within the specified trial period. You understand and agree that if you do not cancel your NewYorkArtists.net membership before the end of the trial period, New York Artists Online is authorized to submit charges to your selected payment method at the then-current non-promotional NewYorkArtists.net membership rates.
Proprietary Rights and Copyright Policy
You acknowledge and agree that NewYorkArtists.net may contain proprietary and confidential information that is protected by applicable laws governing intellectual property, proprietary and similar rights, and any unauthorized use of NewYorkArtists.net may violate such laws and these Terms. Except as expressly provided in these Terms or in any accompanying license agreement (whether posted on a site page, click wrap or otherwise made available), New York Artists Online and any of its third party providers do not grant any express or implied rights to use NewYorkArtists.net or any of the content, products or services therein.
Any commercial use of any NewYorkArtists.net content is prohibited without the prior written consent of New York Artists Online. All trademarks and logos and the arrangement and compilation of content on NewYorkArtists.net are proprietary to New York Artists Online. All other designated trademarks, copyrights and brands are the property of their respective owners. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Any reproductions of works of art displayed on NewYorkArtists.net may not be duplicated for commercial use, for distribution, or for sale. Violators of these conditions may be prosecuted to the full extent of the law.
You acknowledge and agree that you may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights, and the burden of determining that any material is not protected by copyright, trademark or similar rights rests with you. You are solely liable for any damage resulting from any infringement of copyrights, trademark or other proprietary rights, or any other harm resulting from such a posting, distribution or reproduction.
Without limiting the foregoing, if you believe that your work has been copied and posted on NewYorkArtists.net in a way that constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on NewYorkArtists.net; your address, telephone number, and email address; a written 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; 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. All notice of claims of copyright infringement should be directed to Gloria Rabinowitz at New York Artists Online by clicking on the “Contact Us” link on the homepage.
Upon receipt of notice as described above, New York Artists Online will take whatever action, in its sole discretion, it deems appropriate, which may include removal of the challenged content from NewYorkArtists.net.
Advertising: Featured Artist Slide, Featured Image Ads, Banner Ads, etc.
All listed rates for advertisements are in US$ and subject to change. Changes to rates will not apply to advertisers who are already displaying advertisement with New York Artists Online for the duration of the contractual agreement.
The rates currently in effect for the purchase of image and banner advertisements on NewYorkArtists.net are posted at http://newyorkartists.net/pricespayment/ and http://newyorkartists.net/advertising-rates/
Placements are subject to availability.
New York Artists Online reserves the right to decline or remove any advertising in its sole discretion. Ad banners that threaten website users or their computer, or otherwise intentionally mislead users into clicking on their banners, or otherwise violate these Terms, are prohibited. The subject material of the linked page should be directly related to the message reflected in the banner advertisement. New York Artists Online is not responsible for the content of third party sites that are directly or indirectly linked from NewYorkArtist.net. Advertisement on this site does not imply endorsement of the advertised product, company or service.
In purchasing or placing an advertisement with NewYorkArtists.net, you understand and agree that all NewYorkArtists.net banner advertising services, including any customized banner advertising creation services provide by New York Artists Online, are subject to these Terms.
New York Artists Online Blog
Users are encouraged to make entries and comments related to the categories listed on New York Artists Online’s blog/website. New York Artists Online encourages self-expression and freedom of speech, but we prohibit hate speech, crude content, child pornography, violence, copyright infringement, impersonating others, illegal activities, spam, malware and viruses. All content provided on this blog/website is for informational purposes only.
By posting content to on New York Artists Online, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use. You agree that you will not knowingly and with intent to defraud provide material and misleading false information. You represent and warrant also that the content you supply does not violate these Terms, and that you will indemnify and hold New York Artists Online harmless for any and all claims resulting from content you supply.
New York Artists Online makes no representations as to the accuracy or completeness of any information on this blog or found by following any link on this blog. New York Artists Online will not be liable for any errors or omissions in this information nor for the availability of this information. New York Artists Online will not be liable for any losses, injuries, or damages from the display or use of this information. The provisions of this section are subject to change at anytime and without notice.
Advertisers and Third Party Links
Your correspondence or business dealings with, or participation in promotions of, artists or advertisers found on or through NewYorkArtists.net, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely and entirely between you and the advertiser or other service provider. You agree that New York Artists Online will not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of the artists and advertisers on NewYorkArtists.net. New York Artists Online makes no warranties, representations or guarantees as to the accuracy, completeness or quality of any such promotions.
Further, you understand and agree that NewYorkArtists.net, other users of NewYorkArtists.net and third parties may provide links to other Internet sites or resources. Because New York Artists Online has no control over any external sites and resources, you acknowledge and agree that New York Artists Online is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such sites or resources. You further acknowledge and agree that New York Artists Online will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. The risk of transacting with or visiting the websites of any such artists, advertisers or other third parties is entirely with you.
If you are under the age of 18 or if you have been suspended or removed from the NewYorkArtists.net system by New York Artists Online for any reason or no reason, you are not eligible to use NewYorkArtists.net.
In using NewYorkArtists.net, providing a Submission and/or accessing NewYorkArtists.net and any of the content contained therein, you agree that you will not, and that you will not encourage, solicit, assist or enable any third party to:
- Use NewYorkArtists.net for any fraudulent purpose or for any unlawful purpose, including but not limited to conspiring to violate laws
- Offer for sale or sell any item, good or service that (i) is fraudulent or otherwise violates any applicable law or regulation, (ii) you do not have the full power or authority under all relevant laws and regulations to offer or sell, including all necessary rights, licenses and authorizations, or (iii) New York Artists Online determines, in its sole discretion, is inappropriate for NewYorkArtists.net
- Upload, post, email or otherwise make available through NewYorkArtists.net any content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party
- Copy any part of NewYorkArtists.net (other than as permitted under United States copyright laws) without the express permission of New York Artists Online, remove any proprietary notices from NewYorkArtists.net or any copy thereof without the express permission of New York Artists Online, or cause, permit or authorize the modification, creation of derivative works, or translation of NewYorkArtists.net without the express permission of New York Artists Online
- Upload, post, transmit or otherwise make available any content, or engage in communication, that is unlawful, fraudulent, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable
- Harvest or collect any information about or regarding other New York Artists Online users, including, without limitation, any personal data or information, for purposes in violation of the Terms
- Upload, post, email or transmit unsolicited commercial email, “junk mail” or “spam” or any material that contains software viruses 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
- Take any steps to interfere with or in any manner compromise or circumvent any of New York Artists Online’s privacy or security measures
- Allow usage by others in such a way as to violate these Terms or any other applicable agreements or policies in effect from time to time, or
- Use NewYorkArtists.net for any commercial purpose or for the benefit of any third party or in any manner not permitted by the Terms, or otherwise exceed the scope of NewYorkArtists.net that you have signed up for (i.e., by accessing and using features or services that you do not have a right to use).
Should any content or any member, user or other party be found or reported to be in violation of the preceding or any other Terms, the determination as to what, if any, action should be taken will be at New York Artists Online’ sole discretion, subject to any requirements of applicable law.
Your Interaction with Other Users and Their Content
In the course of using NewYorkArtists.net, users may have the ability to make available content and materials, including in postings, webpages and other forums, that may be visible to certain other users. You understand and agree that all information, reproductions, data, text, software, photographs, graphics, video, messages, goods, products, services or other materials (referred to in this section individually and collectively as “content”) are the sole responsibility of the person from which such content originated. This means that you, and not New York Artists Online, are entirely responsible for all content that you upload, download, post, email, transmit or otherwise make available via NewYorkArtists.net. New York Artists Online does not control the content posted via NewYorkArtists.net and, as such, does not guarantee the accuracy, completeness, integrity or quality of such content.
While New York Artists Online has the right to monitor activity and content associated with NewYorkArtists.net, we are not obligated to do so. You understand and agree that in using NewYorkArtists.net, you may be exposed to content that you find offensive, indecent or objectionable. You can contact us to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating memberships and other links. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will New York Artists Online be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to, any content posted, emailed, transmitted or otherwise made available via NewYorkArtists.net.
You understand that New York Artists Online cannot and does not guarantee the identity of any other user with whom you may interact in the course of using NewYorkArtists.net. Additionally, we cannot and do not guarantee the authenticity of any information that users may provide about themselves or any artwork, property or services. You agree that you must evaluate, investigate and bear all risks associated with the use of any user information, including any reliance on the accuracy, completeness or integrity of such information.
You understand and agree that New York Artists Online may, for any or no reason, immediately terminate your New York Artists Online membership and access to NewYorkArtists.net without prior notice. Without limiting the generality of the immediately preceding sentence, your membership with New York Artists Online and your access to NewYorkArtists.net may be suspended and/or terminated if (a) you breach or violate these Terms, or any other applicable agreements or policies, (b) requested by law enforcement or other government or regulatory agencies, (c) at your express written request, (d) NewYorkArtists.net experiences unexpected technical issues or problems, and/or (e) you fail to pay any fees owed by you in connection with NewYorkArtists.net. New York Artists Online may also in its sole discretion and at any time discontinue providing NewYorkArtists.net, or any part thereof, with or without notice. You understand and agree that all decisions relating to New York Artists Online membership terminations will be made at New York Artists Online’ sole discretion and that New York Artists Online will not be liable to you or to any third-party for any suspension or termination of your New York Artists Online membership or your ability to access any or all of NewYorkArtists.net
Linking, Framing and Use of Automated Processes
You may not use a New York Artists Online logo or other proprietary graphic or trademark of New York Artists Online to link to the NewYorkArtists.net without the express written permission of New York Artists Online.
Under no circumstances may you “frame” NewYorkArtists.net or any of its content, copy portions of NewYorkArtists.net to a server, or use manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in NewYorkArtists.net, in each case without the express written permission of New York Artists Online. You further agree not to take any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses.
Except as expressly pre-approved by New York Artists Online in writing, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion, or use of, or access to, NewYorkArtists.net.
Email Communications from New York Artists Online
In the course of providing you with NewYorkArtists.net, New York Artists Online may need to communicate with you via email. You agree to receive emails that are specific to your New York Artists Online membership and necessary for the normal functioning of NewYorkArtists.net.
Modification or Termination of NewYorkArtists.net
New York Artists Online reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, NewYorkArtists.net (in whole or in part) with or without notice to you. You agree that New York Artists Online will not be liable to you or to any third party for any modification, suspension or discontinuance of NewYorkArtists.net. Without limiting the generality of the foregoing, you acknowledge and agree that New York Artists Online will have no liability to you or any third party for any technical delays or disruptions in NewYorkArtists.net.
By accepting these Terms, you agree to indemnify and otherwise hold harmless New York Artists Online, its members, managers, officers, employees, agents, assigns, subsidiaries, affiliates and other partners from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including reasonable attorneys’ fees) due to or arising from (a) your use of NewYorkArtists.net, (b) your violation of the Terms or any rights of another, (c) any claimed infringement of intellectual property rights, (d) any breach of contract or other claims (including without limitation claims involving fees or commissions) made by users or third parties with which you conducted business through or in connection with NewYorkArtists.net; and/or (e) any other matter relating to NewYorkArtists.net, whether you are a member or not. You further acknowledge and agree that any business transactions or other relationships that may arise between you, other members, users and/or any third parties from your and their use of NewYorkArtists.net are the sole responsibility of you, the other members, users and any third parties involved. You understand that you must conduct your own investigations before and throughout the course of any financial transaction you engage in with any other member, user or third party.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF NEWYORKARTISTS.NET AND THE NEW YORK ARTISTS ONLINE SERVICES IS AT YOUR OWN RISK AND THAT NEWYORKARTISTS.NET AND ANY RELATED SERVICES PROVIDED BY NEW YORK ARTISTS ONLINE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEW YORK ARTISTS ONLINE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEW YORK ARTISTS ONLINE MAKES NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY MEMBER OR THIRD PARTY, OR AS TO THE ACCURACY OF THE INFORMATION MADE AVAILABLE THROUGH NEWYORKARTISTS.NET BY ANY MEMBER OR THIRD PARTY, NEW YORK ARTISTS ONLINE EXPRESSLY DISCLAIMS ALL LIABILITY FOR DAMAGES OF ANY KIND ARISING OUT OF ANY USE (OR INABILITY TO USE), REFERENCE OR RELIANCE ON SUCH INFORMATION. YOU AGREE THAT YOUR INTERACTIONS AND TRANSACTIONS WITH ANY MEMBER OR OTHER THIRD PARTY ARE AT YOUR SOLE RISK.
NEW YORK ARTISTS ONLINE MAKES NO WARRANTY THAT (i) NEWYORKARTISTS.NET WILL MEET YOUR REQUIREMENTS, (ii) NEWYORKARTISTS.NET WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE INFORMATION OR CONTENT THAT MAY BE OBTAINED FROM USE OF NEWYORKARTISTS.NET WILL BE COMPLETE, ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH NEWYORKARTISTS.NET OR FROM NEW YORK ARTISTS ONLINE WILL MEET YOUR EXPECTATIONS, (v) NEWYORKARTISTS.NET AND/OR THE SERVER THAT MAKES SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS, AND (vi) ANY ERRORS IN NEWYORKARTISTS.NET WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF NEWYORKARTISTS.NET IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NEW YORK ARTISTS ONLINE OR THROUGH OR FROM NEWYORKARTISTS.NET SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Limitations on Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEW YORK ARTISTS ONLINE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NEW YORK ARTISTS ONLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY MATTER RELATING TO NEWYORKARTISTS.NET.
YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH NEWYORKARTISTS.NET IS TO TERMINATE YOUR MEMBERSHIP AND DISCONTINUE ANY USE OF THIS NEWYORKARTISTS.NET WEBSITE.
NOTWITHSTANDING ANY OTHER PROVISION OF THE TERMS, YOU AGREE THAT IN NO EVENT WILL NEW YORK ARTIST ONLINE’S CUMULATIVE LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO NEWYORKARTISTS.NET, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER THEORY OF LIABILITY, EXCEED IN THE GREATER OF: (A) $25, OR (B) THE AGGREGATE AMOUNT OF MEMBERSHIP FEES ACTUALLY COLLECTED BY NEW YORK ARTISTS ONLINE FROM YOU FOR THE NEWYORKARTISTS.NET SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY.
THE LIMITATIONS OF LIABILITY PROVIDED IN THE TERMS INURE TO THE BENEFIT OF US, OUR AFFILIATES AND ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Disclaimer of Relationship
You acknowledge that no joint venture, partnership, employment or agency relationship exists between you and New York Artists Online or its authorized agents or contractors as a result of your agreement to the Terms or your use of NewYorkArtists.net. Unless otherwise specifically provided pursuant to a separate agreement between you and New York Artists Online, you agree not to hold yourself out as a representative, agent, or employee of New York Artists Online and that none of New York Artists Online, its authorized agents or its contractors shall be liable for any representation, act or omission by you. You further acknowledge and agree that your use of NewYorkArtists.net does not make New York Artists Online your representative or artist’s agent.
When you become a member of NewYorkArtists.net, you may be asked for your personal contact information, which may include your email address. This information helps New York Artists Online keep in touch with you as and when enhancements to the site occur, for billing purposes and for communications regarding membership services. Your personal contact information will not be shared or sold to third parties without your consent. Notwithstanding the foregoing, New York Artists Online makes no warranties, representations or guarantees regarding the privacy of information you provide through NewYorkArtists.net, including without limitation information made available to other members, users and third parties.
New York Artists Online does not knowingly or intentionally collect personal information online from children under the age of 13. If New York Artists Online learns that personally identifiable information of children under the age of 13 has been collected on NewYorkArtists.net without verified parental consent, then New York Artists Online will take the appropriate steps to delete this information.
When visitors use NewYorkArtists.net, we collect and aggregate certain non-personally identifiable information through the use of “cookies,” to help us personalize your use of our site. A cookie is a small amount of data that often includes an anonymous unique identifier that is sent to your browser from a web site’s computers and stored on your computer’s hard drive. This data may include information relating to your use of our site, information about your computer such as the computer’s IP address and browser type, geographic data and, if you arrived at our site via a link from third party site, the URL of the linking page.
We use information from cookies for purposes which may include:
- identifying returning users
- tracking your use of our site to better develop NewYorkArtists.net in accordance with your interests
- building up a demographic profile of NewYorkArtists.net users
Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent.
Please note that our advertisers (including Google) and their designees, as well as other third parties, may collect information about you through cookies or other technologies when they serve advertisements through NewYorkArtists.net or when you visit their website(s). The data gathered from these cookies will be used to help the third party advertisers and publishers to provide advertisements about goods and services that may be of interest to you and to better serve and manage the ads on sites such as NewYorkArtists.net and across the web. Additionally, NewYorkArtists.net contains links to other third party websites, which may or may not be owned or operated by or in conjunction with New York Artists Online. You acknowledge that we do not monitor or control the information collection or privacy practices of any third parties, and are not responsible for their practices or the content of their web sites, including their use of any information (such as IP number, browser type, or operating system) collected when visitors or members “click through” links to their sites or view advertisements served by them. Even though certain information collected by such third parties might not identify you personally, we strongly encourage you to become familiar with their privacy practices, and to contact such third parties if you have any questions about their respective privacy policies.
You can elect to opt out of certain Google and other third party advertising cookies by following the instructions located here: http://www.google.com/privacy_ads.html.
Further information on how to prevent cookies from being stored on your computer, refer to the help menu within your Internet browser.
These Terms constitute the entire agreement between you and New York Artists Online and govern your use of NewYorkArtists.net, superseding any prior agreements, oral or written, between you and New York Artists Online (including any prior versions of the Terms).
The Terms between you and New York Artists Online will be governed by and construed in accordance with the laws of the State of New York without regard to principles of conflict of laws. You and New York Artists Online agree to submit to the personal and exclusive jurisdiction of state and federal courts located within New York, New York.
The section titles of the Terms are displayed for convenience only and have no legal or contractual effect. The failure of New York Artists Online to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms or any incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should attempt to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that, except as otherwise expressly provided in these Terms, there will be no third-party beneficiaries to this agreement. We may assign our rights and delegate our obligations under these Terms, in whole or in part, at any time with or without notice to you. You may not assign any of your rights or delegate your obligations under these Terms to any other person without the prior written consent of New York Artists Online and any attempt to do so will be void. Notices to you may be made via either email or regular mail.
Please send any questions or comments, or report violations of the Terms to New York Artists Online New York Artists Online by clicking on the “Contact Us” link on the homepage.