By accessing this website (“website”), you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.
2. Use License
Unless otherwise indicated oh this website, the website and all content and other materials, including, without limitation, UPKNYC’s logo, and all designs, text, graphics, pictures, information, data, software, tools, widgets, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of UPKNYC or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access this website for your informational, non-commercial and personal use only. Such license is subject to these Terms of Service and does not include: (a) any resale or commercial use of the website or the Site Materials therein; (b) the reproduction, distribution, public performance or public display of any Site Materials, except as expressly permitted on the website; (c) modifying or otherwise making any derivative uses of the website and the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the website, the Site Materials or any information contained therein, except as expressly permitted on the website; or (f) any use of the website or the Site Materials other than for its intended purpose. Any use of the website or the Site Materials other than as specifically authorized herein, without the prior written permission of UPKNYC, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
This license is revocable at any time. This license shall automatically be revoked if you violate any of these restrictions. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
You acknowledge and agree that any feedback, questions, comments, suggestions, ideas, or other information or materials regarding the website or UPKNYC that are provided by you in the form of email or other submissions to UPKNYC, or any postings on the website, are non-confidential and shall become the sole property of UPKNYC. UPKNYC shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose without acknowledgment or compensation to you.
The materials on UPKNYC’s web site are provided “as is”. UPKNYC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, UPKNYC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.
In no event shall UPKNYC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on UPKNYC’s Internet site, even if UPKNYC or a UPKNYC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
6. Revisions and Errata
The materials appearing on UPKNYC’s web site could include technical, typographical, or photographic errors. UPKNYC does not warrant that any of the materials on its web site are accurate, complete, or current. UPKNYC may make changes to the materials contained on its web site at any time without notice. UPKNYC does not, however, make any commitment to update the materials.
UPKNYC has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by UPKNYC of the site. Use of any such linked web site is at the user’s own risk.
9. Governing Law
Any claim relating to UPKNYC’s web site shall be governed by the laws of the State of New York without regard to its conflict of law provisions.