Your Use of The Site

You may access and use the Site solely for your personal, noncommercial use. Except as expressly authorized hereunder, you may not reproduce, duplicate, copy, sell, resell, visit, reverse-engineer or otherwise exploit the Site for any commercial purpose without our prior written authorization. We reserve the right to alter or discontinue the Site, in whole or in part, at any time in our sole discretion.

Subject to and conditioned upon your compliance with, and agreement to, these Terms, we grant to you a non-exclusive, non-transferable, limited right and license, without right of sublicense, to access and use the Site, including any images, text, graphics, sounds, data, links and other materials incorporated into the Site (other than your User Content as defined below), solely as made available by us and solely for your own personal purposes. Except as expressly authorized by these Terms, you may not use, reproduce, distribute, modify, transmit or publicly display any portion of the Site or create derivative works of any portion the Site without our written consent.

While using the Site, you agree not to:

• You will not upload to, transmit through, or display on any of the Site any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, racially insensitive or otherwise objectionable;
• You will not upload to, transmit through, or display on any of the Site any material that infringes our or any third party’s intellectual property or other rights; including copyright, trademark, privacy, publicity or other personal or proprietary rights;
• You will not upload to, transmit through, or display on any of the Site any material for which you do not have all rights, including copyrights, needed for the creation of reproductions or derivative works of any images;
• Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others, including, without limitation, others’ privacy rights or rights of publicity;
• Impersonate any person or entity or use any fraudulent, misleading or inaccurate contact information;
• Restrict or inhibit any other user from using any of the Site, including, without limitation, by means of “hacking” or defacing any portion the Site;
• Violate any applicable laws or regulations;
• Upload to, transmit through, or display on any of the Site (a) any confidential, proprietary or trade secret information of any third party; or (b) any advertisements, solicitations, campaigning or other unsolicited commercial communication;
• Post, upload, transmit or otherwise publish any viruses, Trojan horses or any other destructive or disruptive items;
• Modify, adapt, translate, distribute, reverse engineer, decompile or disassemble any portion of the Site;
• Remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Site. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.

Your failure to abide by the above rules will constitute a violation of these Terms, and, in addition to any other rights or remedies we may have, we may immediately terminate your access to and use of the Site.

Member Account

To use the Site, you must create an account by providing your name, certain information about yourself, and creating a password. You agree that you will provide complete, current and accurate information about yourself as requested, and that you will keep that information up to date. You are responsible for safeguarding the confidentiality of your username and password that you use to access your member account on the Site. You agree not to disclose your username or password to any third party. You agree that you are solely and fully responsible for any activities or actions taken under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account on any of the Site. You further agree that we may suspend your account at any time, for any reason, in our sole and absolute discretion and that we have no liability for suspending your account.

In order to create a member account with any of the Site, you must be at least 13 years of age. You represent to us that you are at least 13 years old. If you are not, please do not set up an account with any of the Site. If you are between the ages of 13 – 18, you agree and confirm that you will only use the site under the supervision of a parent or legal guardian who has reviewed and agreed to be bound by these Terms.

Copyright Issues

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on or through the Site infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Before submitting a DMCA notice, it is important to consider if the manner in which the material is used falls under fair use. The notice must include the following information:

• identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such works);
• identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to enable North end NYC to locate the material on the Site;
• the name, address, telephone number and email address (if available) of the complaining party;
• a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law. Please note that you may be liable for damages if you “knowingly materially misrepresent” your copyrights. Fair use should also be taken into consideration;
• a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
• a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA;

While we are not obligated to review User Content for copyright infringement, we are committed to protecting copyrights and may take action, which in our sole discretion we deem appropriate, including removing the material at issue, denying access to and use of the Site and/or terminating the accounts of violators, pursuant to the DMCA or otherwise. In the case of termination under this paragraph, North end NYC shall have no obligation to provide a refund of any amounts previously paid.

Intellectual Property Notices

All trademarks and service marks on any of the Site not owned by us are the property of their respective owners. North end NYC®, and other company trademarks, graphics, logos, designs, page headers, button icons, scripts and service names are registered and common law trademarks, service marks or trade dress of North end NYC in the U.S. and/or other countries. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion. Nothing contained on any of the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.