Understanding Your Rights and Responsibilities as a New York Entrepreneur Week User

Terms of Use
This page states the Terms of Use (”Terms”) under which You (as defined below) may use www.nyew.org (”NYEW”). Nyew.org features, an on-line community designed to facilitate valuable professional and personal networking among its Users based on common experiences and interests. Nyew.org also allows Users to comment, which may include personal information (”Profiles”), and to make these Profiles, or aspects thereof, public.

These Terms include the New York Entrepreneur Week Privacy Statement, which is incorporated into these Terms by reference. Please read these Terms carefully. If You do not accept the Terms stated here, do not use Nyew.org and its services. By using Nyew.org, You agree to be bound by these Terms, including the New York Entrepreneur Week

Privacy Statement.
New York Entrepreneur Week (”NYEW”) may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You. The terms “You” and “User” as used herein refer to all individuals and/or entities accessing Nyew.org for any reason. The term “post” as used herein shall mean information that You submit, publish or display on any NYEW Site (as defined below).

Eligibility
You must be 18 years of age or older, or the age of majority as that is defined in your jurisdiction, whichever is older, to visit or use Nyew.org in any manner. By visiting Nyew.org or accepting these Terms, You represent and warrant to NYEW that You have reached the age of majority in your jurisdiction, and that You have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant to NYEW that You will use Nyew.org in a manner consistent with any and all applicable laws and regulations.

Use of NYEW Content
New York Entrepreneur Week authorizes You to view and access a single copy of the content available on or from Nyew.org solely for your personal use. The contents of Nyew.org, and of all other Web sites under New York Entrepreneur Week’s control, whether partial or otherwise such as text, graphics, images, logos, button icons, software and other NYEW content (collectively, “NYEW Content”), are protected under both United States and foreign copyright, trademark and other laws. All NYEW Content is the property of NYEW or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the NYEW Sites is the exclusive property of NYEW and is protected by United States and foreign copyright, trademark, and other laws. Unauthorized use of the NYEW Content may violate these laws, and is strictly prohibited. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original NYEW Content on any authorized copy You make of the NYEW Content.

You agree not to sell or modify the NYEW Content or reproduce, display, publicly perform, distribute, or otherwise use the NYEW Content in any way for any public or commercial purpose, in connection with products or services that are not those of Nyew.org, in any other manner that is likely to cause confusion among consumers, that disparages or discredits NYEW or its licensors, that dilutes the strength of NYEW’s or its licensor’s property, or that otherwise infringes NYEW’s or its licensor’s intellectual property rights. You further agree to in no other way misuse NYEW Content that appears on this Site. The use of the NYEW Content on any other Web site or in a networked computer environment for any purpose is prohibited. Any code that NYEW creates to generate or display any NYEW Content or the pages making up any NYEW Site is also protected by NYEW’s copyright and you may not copy or adapt such code.
New York Entrepreneur Week Site Restrictions

Users may not use any New York Entrepreneur Week (“NYEW”) Site in order to transmit, post, distribute, store or destroy material, including without limitation, NYEW Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

Users are also prohibited from violating or attempting to violate the security of any NYEW Site, including without limitation, the following activities: (a) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any NYEW Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. NYEW will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

In order to ensure a safe and effective experience for all of our customers, NYEW reserves the right to limit the amount of data that may be accessed by You in any given time period. These limits may be amended in NYEW’s sole discretion from time to time.

Feedback
We appreciate hearing from our Users and welcome your comments regarding our services and the NYEW Sites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the “Submission”), the Submission shall be the property of NYEW. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. NYEW shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person.

New York Entrepreneur Week’s Liability
NYEW has no control over User Content, the quality, safety or legality of the comments posted, the truth or accuracy of the contents and NYEW makes no representations about any User Content on Nyew.org. NYEW may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for NYEW, damage NYEW’s brand or public image, or cause NYEW to lose (in whole or in part) the services of its ISPs or other suppliers. While NYEW reserves the right in its sole discretion to remove User Content or other material from Nyew.org from time to time, NYEW does not assume any obligation to do so and disclaims any liability for failing to take any such action.

NYEW has no control over the accuracy, reliability, completeness, or timeliness of the Profiles or User Content submitted on Nyew.org and makes no representations about any Profile or User Content on Nyew.org.

In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Users with whom You come in contact through Nyew.org and/or the other NYEW Sites. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using Nyew.org and/or the other NYEW Sites.
Because User authentication on the Internet is difficult, NYEW cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any NYEW Site, in the event that You have a dispute with one or more Users, You release NYEW (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

If You are a California resident, You waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

The NYEW Sites and the NYEW Content may contain inaccuracies or typographical errors. NYEW makes no representations about the accuracy, reliability, completeness, or timeliness of any NYEW Site or the NYEW Content. The use of all NYEW Sites and the NYEW Content is at your own risk. Changes are periodically made to NYEW Sites and may be made at any time. You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the NYEW Sites.

NYEW cannot guarantee and does not promise any specific results from use of Nyew.org or any NYEW Site. No advice or information, whether oral or written, obtained by a User from NYEW or through or from Nyew.org or any other NYEW Site shall create any warranty not expressly stated herein.

Disclaimer of Warranty
NYEW DOES NOT WARRANT THAT ANY NYEW SITE WILL OPERATE ERROR-FREE OR THAT ANY NYEW SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY NYEW SITE OR THE NYEW CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NYEW IS NOT RESPONSIBLE FOR THOSE COSTS. THE NYEW SITES AND NYEW CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. NYEW, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. NYEW MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE NYEW CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

Disclaimer of Consequential Damages
IN NO EVENT SHALL NYEW, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY NYEW SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY NYEW SITE AND THE NYEW CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NYEW IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Limitation of Liability
NYEW’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY NYEW SITE OR YOUR USE OF THE NYEW CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.

Links to Other Sites
Nyew.org and certain other NYEW Sites contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by NYEW of the contents on such third-party Web sites. NYEW is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at your own risk.

No Resale or Unauthorized Commercial Use
You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any NYEW Site.

Indemnity
You agree to defend, indemnify, and hold harmless NYEW, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any NYEW Site, (ii) your use of any NYEW Content, or (iii) your breach of the terms of these Terms. NYEW shall provide notice to You promptly of any such claim, suit, or proceeding.

Term and Termination
These Terms will remain in full force and effect while You are a User of Nyew.org at any level. NYEW reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User Content from Nyew.org and the other NYEW Sites and immediate termination of your registration with or ability to access Nyew.org and the other NYEW Sites and/or any other services provided to You by NYEW, upon any breach by You of these Terms or if NYEW is unable to verify or authenticate any information You submit to Nyew.org or pursuant to other NYEW Site registration. Even after You are no longer a User of Nyew.org, certain provisions of these Terms will remain in effect, including Sections 2, 6, 8(b), 10 through 21, inclusive.

These Terms constitute a binding agreement between You and NYEW, and is accepted by You upon your use of the NYEW Site.