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Terms & Conditions
1. ACCEPTANCE OF TERMS
NYS Zone, Inc. Welcomes you. NYS Zone, Inc. provides its service to you subject
to the following Terms of Service ("TOS"), which may be updated by us from time
to time without notice to you. In addition, when using particular NYS Zone, Inc.
owned or operated services, you and NYS Zone, Inc shall be subject to any posted
guidelines or rules applicable to such services, which may be posted from time to
time.
2. DESCRIPTION OF SERVICE
NYS Zone, Inc. provides users with access to a rich collection of resources, including
various communications tools, forums, search services, personalized content and
branded programming through its network of properties which may be accessed through
any various medium or device now known or hereafter developed (the "Service"). You
also understand and agree that the Service may include advertisements and that these
advertisements are necessary for NYS Zone, Inc. to provide the Service. You also
understand and agree that the Service may include certain communications from NYS
Zone, Inc. such as service announcements, administrative messages and the NYS Zone,
Inc. Newsletter, and that these communications are considered part of NYS Zone,
Inc membership and you will not be able to opt out of receiving them. Unless explicitly
stated otherwise, any new features that augment or enhance the current Service,
properties, shall be subject to the TOS. You understand and agree that the Service
is provided "AS-IS" and that NYS Zone, Inc assumes no responsibility for the timeliness,
deletion, mis-delivery or failure to store any user communications or personalization
settings. You are responsible for obtaining access to the Service, and that access
may involve third-party fees (such as Internet service provider or airtime charges).
You are responsible for those fees, including those fees associated with the display
or delivery of advertisements. In addition, you must provide and are responsible
for all equipment necessary to access the Service.
Please be aware that NYS Zone, Inc has created certain areas on the Service that
contain adult or mature content. You must be at least 18 years of age to access
and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal
age to form a binding contract and are not a person barred from receiving services
under the laws of the United States or other applicable jurisdiction. You also agree
to: (1) provide true, accurate, current and complete information about yourself
as prompted by the Service's registration form (the "Registration Data") and (1)
maintain and promptly update the Registration Data to keep it true, accurate, current
and complete. If you provide any information that is untrue, inaccurate, not current
or incomplete, or NYS Zone, Inc. has reasonable grounds to suspect that such information
is untrue, inaccurate, not current or incomplete, NYS Zone, Inc has the right to
suspend or terminate your account and refuse any and all current or future use of
the Service (or any portion thereof).NYS Zone, Inc. is concerned about the safety
and privacy of all its users, particularly children. For this reason, parents of
children under the age of 13 who wish to allow their children access to the Service
must create a NYS Zone, Inc. Family Account. When you create a NYS Zone, Inc Family
Account and add your child to the account, you certify that you are at least 18
years old and that you are the legal guardian of the child/children listed on the
NYS Zone, Inc. Family Account. By adding a child to your NYS Zone, Inc. Family Account,
you also give your child permission to access many areas of the Service, including,
email, message boards and instant messaging (among others). Please remember that
the Service is designed to appeal to a broad audience. Accordingly, as the legal
guardian, it is your responsibility to determine whether any of the Service areas
and/or Content (as defined in Section 6 below) are appropriate for your child.
4. PRIVACY POLICY of NYS Zone, Inc
Registration Data and certain other information about you is subject to our Privacy
Policy. You understand that through your use of the Service you consent to the collection
and use (as set forth in the Privacy Policy) of this information, including the
transfer of this information to the United States and/or other countries for storage,
processing and use by NYS Zone, Inc. and its affiliates.
5. YOUR ACCOUNT AND SECURITY
You will receive a password and account designation upon completing the Service's
registration process. You are responsible for maintaining the confidentiality of
the password and account and are fully responsible for all activities that occur
under your password or account. You agree to (a) immediately notify NYS Zone, Inc.
of any unauthorized use of your password or account or any other breach of security,
and (b) ensure that you exit from your account at the end of each session. NYS Zone,
Inc. cannot and will not be liable for any loss or damage arising from your failure
to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs,
graphics, video, messages, tags, or other materials ("Content"), whether publicly
posted or privately transmitted, are the sole responsibility of the person from
whom such Content originated. This means that you, and not NYS Zone, Inc, are entirely
responsible for all Content that you upload, post, email, transmit or otherwise
make available via the Service. NYS Zone, Inc. does not control the Content posted
via the Service and, as such, does not guarantee the accuracy, integrity or quality
of such Content. You understand that by using the Service, you may be exposed to
Content that is offensive, indecent or objectionable. Under no circumstances will
NYS Zone, Inc be liable in any way for any Content, including, but not limited to,
any errors or omissions in any Content, or any loss or damage of any kind incurred
as a result of the use of any Content posted, emailed, transmitted or otherwise
made available via the Service.
You agree to not use the Service to:
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upload, post, email, transmit or otherwise make available any Content that is unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise
objectionable;
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harm minors in any way;
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impersonate any person or entity, including, but not limited to, a NYS Zone, Inc
official, forum leader, guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
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forge headers or otherwise manipulate identifiers in order to disguise the origin
of any Content transmitted through the Service;
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upload, post, email, transmit or otherwise make available any Content that you do
not have a right to make available 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);
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upload, post, email, transmit or otherwise make available any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights ("Rights")
of any party;
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upload, post, email, transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation, except in those areas (such as shopping)
that are designated for such purpose ,upload, post, email, transmit or otherwise
make available 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;
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disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other
users of the Service are able to type, or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges;
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interfere with or disrupt the Service or servers or networks connected to the Service,
or disobey any requirements, procedures, policies or regulations of networks connected
to the Service;
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intentionally or unintentionally violate any applicable local, state, national or
international law, including, but not limited to, regulations promulgated by the
U.S. Securities and Exchange Commission, any rules of any national or other securities
exchange, including, without limitation, the New York Stock Exchange, the American
Stock Exchange or the NASDAQ, and any regulations having the force of law;
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provide material support or resources (or to conceal or disguise the nature, location,
source, or ownership of material support or resources) to any organization(s) designated
by the United States government as a foreign terrorist organization pursuant to
section 219 of the Immigration and Nationality Act;
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"stalk" or otherwise harass another; and/or collect or store personal data about
other users in connection with the prohibited conduct and activities set forth in
paragraphs a through m above.
You acknowledge that NYS Zone, Inc may or may not pre-screen Content, but that NYS
Zone, Inc and its designees shall have the right (but not the obligation) in their
sole discretion to pre-screen, refuse, or move any Content that is available via
the Service. Without limiting the foregoing, NYS Zone, Inc and its designees shall
have the right to remove any Content that violates the TOS or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the use of
any Content, including any reliance on the accuracy, completeness, or usefulness
of such Content. In this regard, you acknowledge that you may not rely on any Content
created by NYS Zone, Inc or submitted to NYS Zone, Including without limitation
information in NYS Zone, Inc Message Boards and in all other parts of the Service.
You acknowledge, consent and agree that NYS Zone, Inc may access, preserve and disclose
your account information and Content if required to do so by law or in a good faith
belief that such access preservation or disclosure is reasonably necessary to:
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comply with legal process;
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enforce the TOS;
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respond to claims that any Content violates the rights of third parties;
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respond to your requests for customer service; or
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protect the rights, property or personal safety of NYS Zone, Inc, its users and
the public.
You understand that the technical processing and transmission of the Service, including
your Content, may involve
You understand that the Service and software embodied within the Service may include
security components that permit digital materials to be protected, and that use
of these materials is subject to usage rules set by NYS Zone, Inc and/or content
providers who provide content to the Service. You may not attempt to override or
circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction,
publication, further distribution or public exhibition of the materials provided
on the Service, in whole or in part, is strictly prohibited.
7. COMMUNICATIONS WITH NYS Zone, Inc
When you register with NYS Zone, Inc, your acknowledge should be using NYS Zone, Inc
services to send electronic communications (including but not limited to email,
search queries, sending messages to NYS Zone, Inc,
uploading photos and files to NYS Zone, Inc and other Internet activities).
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local
rules regarding online conduct and acceptable Content. Specifically, you agree to
comply with all applicable laws regarding the transmission of technical data exported
from the United States or the country in which you reside.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
NYS Zone, Inc does not claim ownership of Content you submit or make available for
inclusion on the Service. However, with respect to Content you submit or make available
for inclusion on publicly accessible areas of the Service, you grant NYS Zone, Inc
the following worldwide, royalty-free and non-exclusive license(s), as applicable:
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With respect to Content you submit or make available for inclusion on publicly accessible
areas of NYS Zone, Inc Groups, the license to use, distribute, reproduce, modify,
adapt, publicly perform and publicly display such Content on the Service solely
for the purposes of providing and promoting the specific NYS Zone, Inc Group to
which such Content was submitted or made available. This license exists only for
as long as you elect to continue to include such Content on the Service and will
terminate at the time you remove or NYS Zone, Inc removes such Content from the
Service.
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With respect to photos, graphics, audio or video you submit or make available for
inclusion on publicly accessible areas of the Service other than NYS Zone, Inc Groups,
the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly
display such Content on the Service solely for the purpose for which such Content
was submitted or made available. This license exists only for as long as you elect
to continue to include such Content on the Service and will terminate at the time
you remove or NYS Zone, Inc removes such Content from the Service.
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With respect to Content other than photos, graphics, audio or video you submit or
make available for inclusion on publicly accessible areas of the Service other than
NYS Zone, Inc Groups, the perpetual, irrevocable and fully sub licensable license
to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform
and publicly display such Content (in whole or in part) and to incorporate such
Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the NYS Zone, Inc
network of properties that are intended by NYS Zone, Inc to be available to the
general public. By way of example, publicly accessible areas of the Service would
include NYS Zone, Inc Message Boards and portions of NYS Zone, Inc Groups, Photos
and Briefcase that are open to both members and visitors. However, publicly accessible
areas of the Service would not include portions of NYS Zone, Inc Groups that are
limited to members, NYS Zone, Inc services intended for private communication such
as NYS Zone, Inc Mail or NYS Zone, Inc Messenger, or areas off of the NYS Zone,
Inc network of properties such as portions of World Wide Web sites that are accessible
via hypertext or other links but are not hosted or served by NYS Zone, Inc.
10. INDEMNITY
You agree to indemnify and hold NYS Zone, Inc and its subsidiaries, affiliates,
officers, agents, employees, partners and licensors harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising
out of Content you submit, post, transmit or otherwise make available through the
Service, your use of the Service, your connection to the Service, your violation
of the TOS, or your violation of any rights of another.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell trade, resell or exploit for any
commercial purposes, any portion of the Service (including your NYS Zone, Inc ID),
use of the Service, or access to the Service.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that NYS Zone, Inc may establish general practices and limits concerning
use of the Service, including without limitation the maximum number of days that
email messages, message board postings or other uploaded Content will be retained
by the Service, the maximum number of email messages that may be sent from or received
by an account on the Service, the maximum size of any email message that may be
sent from or received by an account on the Service, the maximum disk space that
will be allotted on NYS Zone, Inc servers on your behalf, and the maximum number
of times (and the maximum duration for which) you may access the Service in a given
period of time. You agree that NYS Zone, Inc has no responsibility or liability
for the deletion or failure to store any messages and other communications or other
Content maintained or transmitted by the Service. You acknowledge that NYS Zone,
Inc reserves the right to log off accounts that are inactive for an extended period
of time. You further acknowledge that NYS Zone, Inc reserves the right to modify
these general practices and limits from time to time.
13. MODIFICATIONS TO SERVICE
NYS Zone, Inc reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with
or without notice. You agree that NYS Zone, Inc shall not be liable to you or to
any third party for any modification, suspension or discontinuance of the Service.
14. TERMINATION
You agree that NYS Zone, Inc may, under certain circumstances and without prior notice,
immediately terminate your NYS Zone, Inc account, any associated email address,
and access to the Service. Cause for such termination shall include, but not be
limited to, (1) breaches or violations of the TOS or other incorporated agreements
or guidelines, (2) requests by law enforcement or other government agencies, (3)
a request by you (self-initiated account deletions), (4) discontinuance or material
modification to the Service (or any part thereof), (5) unexpected technical or security
issues or problems, (6) extended periods of inactivity, (7) engagement by you in
fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you
in connection with the Services. Termination of your NYS Zone, Inc account includes
(8) removal of access to all offerings within the Service, including but not limited
to NYS Zone, Inc Mail, Groups, Messenger, Chat, Domains, Personals, Auctions, Message
Boards, Greetings, Alerts and Games, (9) deletion of your password and all related
information, files and content associated with or inside your account (or any part
thereof), and (10) barring of further use of the Service. Further, you agree that
all terminations for cause shall be made in NYS Zone, Inc’s sole discretion and
that NYS Zone, Inc shall not be liable to you or any third party for any termination
of your account, any associated email address, or access to the Service.
15. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the Service, including payment and delivery of related
goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser. You agree
that NYS Zone, Inc shall not be responsible or liable for any loss or damage of
any sort incurred as the result of any such dealings or as the result of the presence
of such advertisers on the Service.
16. LINKS
The Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because NYS Zone, Inc has no control over such sites and
resources, you acknowledge and agree that NYS Zone, Inc 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 or other materials
on or available from such sites or resources. You further acknowledge and agree
that NYS Zone, Inc shall 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.
17. NYS Zone, Inc’s PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection
with the Service ("Software") contain proprietary and confidential information that
is protected by applicable intellectual property and other laws. You further acknowledge
and agree that Content contained in sponsor advertisements or information presented
to you through the Service or by advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as expressly
authorized by NYS Zone, Inc or advertisers, you agree not to modify, rent, lease,
loan, sell, distribute or create derivative works based on the Service or the Software,
in whole or in part.
NYS Zone, Inc grants you a personal, non-transferable and non-exclusive right and
license to use the object code of its Software on a single computer; provided that
you do not (and do not allow any third party to) copy, modify, create a derivative
work from, reverse engineer, reverse assemble or otherwise attempt to discover any
source code, sell, assign, sublicense, grant a security interest in or otherwise
transfer any right in the Software. You agree not to modify the Software in any
manner or form, nor to use modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized access to the Service. You
agree not to access the Service by any means other than through the interface that
is provided by NYS Zone, Inc for use in accessing the Service.
18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
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YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. NYS Zone, Inc AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;
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NYS Zone, Inc AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND LICENSORS MAKE NO WARRANTY THAT (1) THE SERVICE WILL MEET YOUR REQUIREMENTS;
(2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (4)
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (5) ANY
ERRORS IN THE SOFTWARE WILL BE CORRECTED;
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ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
ACCESSED AT YOUR OWN DISCRETION AND RISK, AND 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;
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NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NYS Zone,
Inc OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TOS;
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A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN
LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN
CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO
HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY,
HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE.
IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE
ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED VISION,
EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT,
OR CONVULSIONS.
19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NYS Zone, Inc AND ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU 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 NYS Zone, Inc HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE SERVICE; (2) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS
OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (5) ANY
OTHER MATTER RELATING TO THE SERVICE.
20. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
21. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages,
alerts or other information from the Service concerning companies, stock quotes,
investments or securities, please read the above Sections 18 and 19 again. They
go doubly for you. In addition, for this type of information particularly, the phrase
"Let the investor beware" is apt. The Service is provided for informational purposes
only, and no Content included in the Service is intended for trading or investing
purposes. NYS Zone, Inc and its licensors shall not be responsible or liable for
the accuracy, usefulness or availability of any information transmitted or made
available via the Service, and shall not be responsible or liable for any trading
or investment decisions based on such information.
22. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall
be no third-party beneficiaries to this agreement.
23. NOTICE
NYS Zone, Inc may provide you with notices, including those regarding changes to
the TOS, by email, regular mail or postings on the Service.
24. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY
INFRINGEMENT
NYS Zone, Inc respects the intellectual property of others, and we ask our users
to do the same. NYS Zone, Inc may, in appropriate circumstances and at its discretion,
disable and/or terminate the accounts of users who may be repeat infringers. If
you believe that your work has been copied in a way that constitutes copyright infringement,
or your intellectual property rights have been otherwise violated, please provide
NYS Zone, Inc Copyright Agent the following information:
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an electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright or other intellectual property interest;
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a description of the copyrighted work or other intellectual property that you claim
has been infringed;
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a description of where the material that you claim is infringing is located on the
site;
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your address, telephone number, and email address;
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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;
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a statement by you, made under penalty of perjury, that the above information in
your Notice is accurate and that you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual property owner's behalf.
NYS Zone, Inc Agent for Notice of claims of copyright or other intellectual property
infringement can be reached as follows:
By mail: NYS Zone, Inc.
707 N Broad Street #GN
Elizabeth, NJ 07208
By email: nyszone@nyszone.com
26. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and
NYS Zone, Inc and governs your use of the Service, superseding any prior agreements
between you and NYS Zone, Inc with respect to the Service. You also may be subject
to additional terms and conditions that may apply when you use or purchase certain
other NYS Zone, Inc services, affiliate services, third-party content or third-party
software.
Choice of Law and Forum. The TOS and the relationship between you and NYS
Zone, Inc shall be governed by the laws of the State of NY without regard to its
conflict of law provisions. You and NYS Zone, Inc agree to submit to the personal
and exclusive jurisdiction of the courts located in NY.
Waiver and Severability of Terms. The failure of NYS Zone, Inc to exercise
or enforce any right or provision of the TOS shall not constitute a waiver of such
right or provision. If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the provision,
and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your NYS
Zone, Inc account is non-transferable and any rights to your NYS Zone, Inc ID or
contents within your account terminate upon your death. Upon receipt of a copy of
a death certificate, your account may be terminated and all contents therein permanently
deleted.
Statute of Limitations. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related to use of the
Service or the TOS must be filed within one year after such claim or cause of
action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual
effect.
27. VIOLATIONS
Please report any violations of the TOS mail to nyszone@nyszone.com.
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