Terms and Conditions
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OneofNYC.com is an online marketplace for information exchange; in other words, users can request to purchase information and services, that may or may not be known by others. OneofNYC.com also provides list of services including but not limited to content management, domain name administration, domain name and email forwarding, discussion forums, online advertisements, and other services listed on the site. This agreement shall hereafter be referred to as TC.

1. Acceptance of the Terms and Conditions

By using OneofNYC.com in any way, you agree to comply with the TC. In addition, when using specific services relating to OneofNYC.com, you agree to abide by any applicable posted guidelines, each of which may change at any time without notice.

Should you disagree or object to any term or condition contained in the TC, any guidelines, any subsequent modifications thereto, or become dissatisfied with OneofNYC.com in any way, your only recourse is to discontinue use of OneofNYC.com immediately. OneofNYC.com has the right, but is not obligated, to strictly enforce the TC through a variety of means, including, but not limited to, community moderation, direct administrative action, active investigation, litigation and prosecution.

2. Modifications

OneofNYC.com reserves the right, at its sole discretion, to change, modify, alter or rearrange this Terms and Conditions at any time, and for any reason. OneofNYC.com also reserves the right, at its sole discretion, to change, modify, alter or rearrange guidelines and restrictions posted in individual sections, at any time, and for any reason.

Such modifications shall be effective immediately upon posting thereof. You must review this agreement on a regular basis, to keep yourself apprised of changes.

3. Content

OneofNYC.com wants to make the following clear and understood, about site content as such term is defined below, by all users of the service:

- You understand and agree that all posts, other messages, text files, pictures, images, and other materials posted on, transmitted through, or linked from OneofNYC.com, hereafter known as "Content", are the sole responsibility of the person from whom such content originated.

- You understand and agree that you are 100% responsible for each individual item of content that you post, email, or otherwise make available via the service.

- You understand and agree that by posting content, you grant to OneofNYC.com the non-exclusive, irrevocable, transferable, royalty-free license to use, display, publish, translate, reproduce, promote, modify, sell, license-out and create derivative works from such content. You also understand and agree to allow other users of the service to publish, forward, copy, reference and otherwise use such content.

- You understand and agree that OneofNYC.com does not control content made available through the service, and is not responsible or liable for such content, including the accuracy, completeness or truthfulness of such content.

- You understand and agree that by using OneofNYC.com, you may be exposed to content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.

- You understand and agree that OneofNYC.com, and content posted on OneofNYC.com, contain links to other websites, which are fully independent of OneofNYC.com. OneofNYC.com makes no warranty or representation regarding the accuracy, authenticity or completeness of information or content contained in any such site. In other words, you are linking to other websites completely at your own risk.

- You understand and agree that you assume all responsibility for risks associated with the use of any site content. OneofNYC.com is, under no circumstances, liable or responsible in any way for any content, nor for any loss or damage of any kind resulting from the use of any content contained in or transmitted through the service.

- You understand and agree that OneofNYC.com does not screen or approve content; rather, it is automatically "live" upon submission by any user.

- You understand and agree that OneofNYC.com retains the right, but not the obligation, in its sole discretion to delete, remove, deny, or move any content available through the service, either in accordance with these TC or for any other reason.

4. User Account Cancellation / Suspension / Deactivation

You may opt to deactivate/cancel your account at any time.

OneofNYC.com reserves the right to suspend or deactivate/cancel your account at any time, for any reason, with or without cause, and with little or no notice. In most but not all cases, account suspension or deactivation will be performed in response to one of the following:

- Violation of the TC
- Requests by Law Enforcement or other Government Agencies
- Requests by You
- Discontinuance or Alteration to the Service
- Unforeseen technical or security issues
- Engagement by You in fraudulent or illegal activities
- Nonpayment or rejected payment of monies owed to OneofNYC.com.

Suspended accounts may be reinstated at OneofNYC.com's sole discretion. Please contact OneofNYC.com administration at info@oneofnyc.com to arrange a reinstatement.

Once your account has been deactivated, it may not be re-activated. If you wish to use OneofNYC.com, you must register a new account.

5. Spam Policy

"Spam", otherwise known is any form of unsolicited advertising, is not permitted on OneofNYC.com. Computers and IP Addresses found spamming OneofNYC.com will be permanently banned. Users who spam the site will have their accounts deactivated with no refund of existing balances.

You understand and agree to not send unsolicited email advertisements to members of OneofNYC.com community. Any unauthorized use of OneofNYC.com computer systems is a violation of the TC, as well as certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. ยง 1030 et seq). Such violations may subject the sender and his or her agents to civil and criminal penalties.

6. Children Policy

Children under the age of 16 are not permitted to use the site.
Children under the age of 18 are not permitted to engage in any activity involving the submission of credit card information.

7. Service Provider

You understand and agree that OneofNYC.com is a Service Provider, that allows people to interact online regarding topics and content initiated and chosen by users of the Service. Users can alter the content and categorization on a real-time basis. OneofNYC.com generally does not regulate content, communications or interactions between users. In other words, OneofNYC.com does not control various aspects of the Service. As a result, OneofNYC.com has limited, if any, control over the quality, safety, morality, legality, truthfulness or accuracy of the Service.

8. Privacy and Handling of Personal Information

Registration Data and other key information is subject to OneofNYC.com's Privacy Policy, which may be found at http://www.oneofnyc.com/privacy.

You understand and agree that by using OneofNYC.com, you consent to the collection of your information and its use as detailed in the Privacy Policy.

9. License for Acceptable Use of the Service

You agree to conform to standards of Acceptable Use ("AU"). AU consists of the following clauses:

- OneofNYC.com may, at its sole discretion, grant you the right to access and use the Service. OneofNYC.com also reserves the right to cancel, close or revoke your account at any time, with or without reason, with or without cause. Any rights not expressly granted to you here, including intellectual property rights associated with the Service, are hereby reserved by OneofNYC.com.

- You agree to provide true, accurate, current and complete information regarding yourself or your organization, contained in your Add Your Request form and when you choose to update your classified(s).

- OneofNYC.com may only be used to request information, share information and offer opinions.

- You are permitted to promote your services and businesses in your classified(s) page, and only if information about your service and/or business is directly relevant to the users of OneofNYC.com.

- You may not reproduce, sell, profit from, copyright, or otherwise use any content on OneofNYC.com for any commercial purpose.

- You agree not to threaten, harass or stalk another classified users OneofNYC.com community, be they user, employee, consultant, investor, or a person with any other formal association.

- You agree not to contact any user or member of OneofNYC.com community who has asked not to be contacted.

- You agree not to post messages that contain pornography, any sort of sexual activity, sadistic/masochistic abuse, or lewd behavior.

- You agree not to post messages that contain racism or any other form of bigotry (including but not limited to religion, gender, sexual orientation, age, ethnicity, and disability), expressions of hatred or violence.

- You agree not to post messages advocating, teaching, promoting or detailing illegal activities or topics.

- You agree not to post messages that are unlawful, harmful, tortuous, defamatory, obscene, libelous, abusive, invasive of another's privacy, or harmful to minors in any way.

- You agree not to File a Complaint against another user out of personal spite.

- You agree not to post messages that are false, misleading, deceptive, misinformative, - You agree not to post messages that are false, misleading, deceptive, misinformative, or constitute "bait-and-switch".

- You agree not to post messages which are "trolls" in nature, or attempts to subvert or consciously sabotage a constructive dialogue in the direction of meaningless drivel.

- You agree not to post messages that include personal or identifying information about another person, entity or organization without that person's explicit consent.

- You agree not to misrepresent your identity, impersonate another person or entity, or represent any person or entity aside from yourself or an organization which you have been formally authorized to represent (proof may be required).

- You agree not to engage in any fraudulent activities, including criminal acts involving using OneofNYC.com.

- You agree not to upload, transmit, post, promote or make available through OneofNYC.com any viruses, worms, trojan horses, corrupt files, adware, spyware, or any other form of malware designed to interfere with or destroy OneofNYC.com's services or availability.

- You agree not to upload, transmit, post, promote or make available through OneofNYC.com any content that infringes any patent, trademark, servicemark, trade secret, copyright or other proprietary rights of any party.

- You agree not to upload, transmit, post, promote or make available through OneofNYC.com any unsolicited advertising, marketing, promotional materials, chain letters, pyramid schemes, or any other form of advertisement or solicitation, except legal representations of your business credentials or service, contained on your personal profile page, and when such an item is directly applicable to the Inquiry at hand.

- You agree not to use OneofNYC.com to use or promote spam in any way; even on your profile, and in response to Inquiries/conversations which appear to be subject-relevant.

- You agree not to attempt to gain unauthorized access to OneofNYC.com, including hacking another's account, launching Denial-Of-Service types of attacks against OneofNYC.com's servers, or undertake any other activity intended to diminish or impair the quality of OneofNYC.com's services.

- You agree not to use OneofNYC.com to gather or collect personal data about another, for commercial or unlawful purposes. This includes employing bots, robots, spiders, data mining tools, website querying tools, crawlers, or any other program intended to retrieve or download quantities of information from OneofNYC.com's site.

- You agree not to use any form of an automatic device or program to post messages on OneofNYC.com without having a human manually enter and commit each and every individual message.

- You agree not to use a "Posting Agent", or a third-party service or intermediary designed to post content to OneofNYC.com on behalf of another.

- You agree not to solicit OneofNYC.com's users or community with other products or services, except as permitted in your personal profile listed above.

Use of OneofNYC.com, beyond the scope of AU granted to you by OneofNYC.com, immediately terminates this permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of OneofNYC.com, any Intellectual Property owned or represented by OneofNYC.com, or any content made available through OneofNYC.com for other purposes (including but not limited to commercial purposes) not stated herein, you must first obtain a license from OneofNYC.com.

10. Infringement Claims of Copyrights and Other Intellectual Property

If you believe that your work has been in some way infringed upon, or that your intellectual property rights have been otherwise violated, please notify OneofNYC.com immediately, at one of the following addresses:

info@oneofnyc.com
OneofNYC.com
Intellectual Property Infringement
253-17 80 Avenue
Floral Park, NY 11004

Please provide OneofNYC.com with the following information:

- The exact material, with a URL link if possible, that you claim is infringing. Please provide enough detail so that we may locate it.

- A statement signed by you (physically or electronically), that you have a good faith belief the disputed material is not authorized by the copyright/IP owner, agent, or the law.

- A statement signed by you (physically or electronically), declaring under penalty of perjury, the following:

- The above information in your notice is accurate

- You are the owner of the copyright/IP interest involved, or that you are authorized to act on the owner's behalf.

- Your contact information: US Postal Address is best, email address is next best, and phone number is helpful.

Upon receiving a notice that meets the specified criteria listed above, OneofNYC.com will remove the infringing material, as is outlined in the DMCA (Digital Millennium Copyright Act).

11. Third Party Sites, Content and Services

OneofNYC.com may contain links and/or references to other websites or other services, advertisements, page content, the site itself, and separate services represented by OneofNYC.com are some possible sources of links and references to other sites.

Such sites are not formally or informally part of OneofNYC.com as such, OneofNYC.com's Terms and Conditions do not apply, and OneofNYC.com is in no way responsible or liable for activities performed on, content contained in, or any other aspect of third party sites or services. Your interactions with individuals, content and services represented by such sites are solely between you and such organizations or individuals. These interactions include payment, delivery of goods and/or services, and any other terms, conditions, warranties and representations associated with such dealings.

You agree that OneofNYC.com shall not be responsible or liable for any loss or damage incurred in any form, as the result of third party dealings. In the event of a dispute between one or more users, you hereby release OneofNYC.com, its officers, employees, agents and successors in rights from claims and damages of any kind, both actual and consequential, known and unknown, suspected and proven, public and private, arising from your associations or dealings with all entities that are not OneofNYC.com.

12. Payments

OneofNYC.com accepts payments through PayPal payment gateway. OneofNYC.com does not store users credit card information; all information is sent to PayPal for credit card processing. Your use of the PayPal credit card processing gateway is subject to PayPal's Terms of Service, and not OneofNYC.com's TC. As of the latest publication of this TC, additional information about PayPal may be found at http://www.paypal.com.

As credit card information is sent to PayPal, OneofNYC.com assumes no liability or responsibility for any identity theft, or misuse of your credit card information.

OneofNYC.com uses SSL encryption, and chooses to not store your credit card information, in order to provide a best good faith effort to protect the transmission of your sensitive personal financial data.

Filing a Complaint creates an extremely powerful blackmark on a user's account. Users whom abuse the Complaint Filing feature will have their accounts suspended or cancelled.

13. Limitations of Service

You acknowledge and agree that OneofNYC.com may establish limits regarding use of the service, including availability of the service, the maximum timeframe for any message, the maximum size and length of any message (including images and other files), or any other content that may be transmitted or stored by OneofNYC.com.

OneofNYC.com may limit your access to the service at any time, for any reason, related or unrelated to your actions. OneofNYC.com has no responsibility or liability for the deletion or failure to store any content transmitted, stored or maintained by the service.

You acknowledge and agree that OneofNYC.com reserves the right to modify or discontinue the service, or any part thereof, at any time, with or without cause or reason. In such an event, OneofNYC.com shall not be liable to you, or to any third party for any modification, suspension, or discontinuance of the service, or any part thereof.

14. Indemnity

You agree to indemnify and hold OneofNYC.com, its employees, owners, investors, consultants, successors, directors, service providers, and affiliates, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of content you submit, post, or make available through OneofNYC.com; your use of OneofNYC.com; your violation of this TC; your violation of any third partie's intellectual rights including intellectual property, proprietary, contractual or privacy-based; your breach of any representations and warranties herein; or your violation of any rights of another.

15. Proprietary Rights

OneofNYC.com is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through OneofNYC.com is protected by copyright as a collective work and/or compilation, pursuant to copyright laws and international conventions. Any reproduction, modification, creation of derivative works from, or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of OneofNYC.com.

You further agree not to reproduce, copy, or duplicate content from OneofNYC.com without OneofNYC.com's express written consent, and agree to abide by any and all copyright notices displayed on the service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of OneofNYC.com.

Although OneofNYC.com does not claim ownership of content posted by users, by posting content to any public area of OneofNYC.com, you automatically grant, and you represent and warrant that you have the right to grant, to OneofNYC.com an irrevocable, perpetual, non-exclusive, fully paid, royalty-free, worldwide license to use, copy, perform, display, and distribute said content and to prepare derivative works of, or incorporate into other works, said content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting content to any public area of OneofNYC.com, you automatically grant OneofNYC.com all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the content on the service by any party, for any purpose.

16. Disclaimer of Warranties

YOU AGREE THAT USE OF THE WEBSITE KNOWN AS OneofNYC.com AND THE SERVICE IS ENTIRELY AT YOUR SOLE RISK.

OneofNYC.COM AND ANY OTHER SERVICES PROVIDED BY OneofNYC.COM ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY EXPLICIT OR IMPLIED WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, OneofNYC.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF OneofNYC.COM'S WEBSITE AND SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, OneofNYC.COM'S DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON OneofNYC.COM'S WEBSITE OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE OneofNYC.COM'S WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, OneofNYC.COM DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH OneofNYC.COM'S WEBSITE OR SERVICE.

OneofNYC.com AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, INVESTORS, SUCCESSORS, LICENSORS, LICENSEES AND ANY OTHER UNNAMED PERSONS ASSOCIATED WITH OneofNYC.COM'S WEBSITE AND SERVICES, MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) RESULTS OBTAINED THROUGH THE INQUIRY WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE INQUIRY WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS CONTAINED IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL OBTAINED OR DOWNLOADED THROUGH YOUR USE OF OneofNYC.com IS ENTIRELY AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOURSELF, YOUR HEALTH, OTHERS AROUND YOU OR YOUR EQUIPMENT INCLUDING YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE ACQUISITION OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, BE IT ORAL OR WRITTEN, OBTAINED BY YOU FROM OneofNYC.COM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TC.

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 INCLUDE 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 OneofNYC.COM. IMMEDIATELY DISCONTINUE USE OF OneofNYC.com 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.

17. Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL OneofNYC.com BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM ANY ASPECT OF YOUR USE OF OneofNYC.com'S WEBSITE OR SERVICE, EVEN IF OneofNYC.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE DAMAGES ARISE FROM (i) USE OR MISUSE OF OneofNYC.com'S WEBSITE OR SERVICE, (ii) FROM INABILITY TO USE OneofNYC.com'S WEBSITE OR SERVICE, (iii) THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF OneofNYC.com'S WEBSITE OR SERVICE, (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (iv) STATEMENTS OR CONDUCT OF A THIRD PARTY ON OneofNYC.com'S WEBSITE OR SERVICE, OR (v) ANY OTHER MATTER RELATING TO OneofNYC.com'S WEBSITE OR SERVICE.

SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE OneofNYC.COM'S WEBSITE OR SERVICE OR ANY LINKS ON OneofNYC.com'S WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH OneofNYC.com'S WEBSITE OR SERVICE OR ANY LINKS ON OneofNYC.com'S WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.

If any of these Limitations of Liability are not valid, their invalidity will not affect other Limitations of Liability contained in this TC.

18. Special Notice for Users Choosing The OneofNYC.com's Financial Capabilities

Please re-read the sections, Disclaimer of Warranties, and Limitationof Liability, for these sections apply even more strongly for you.

OneofNYC.com is a service provided for informational purposes only, and no content appearing in the service is intended for trading or investing purposes. OneofNYC.com, and its associated individuals, shall not be responsible or liable for accuracy, usefulness, or availability of any information posted publicly or made available through the service. OneofNYC.com shall not be responsible or liable for any investment or other financial decisions based on information appearing as part of OneofNYC.com's content.

19. Assumption of Risks

Interactions, between you and other users of OneofNYC.com, are solely between you and other users. You should make whatever investigation or due diligence that you feel is necessary and appropriate, before proceeding with the execution of any advice, transaction, deal or any other commitment.

You acknowledge and agree that OneofNYC.com shall not be responsible or liable for any loss or damage of any kind, resulting from any such interactions or dealings. If there is a dispute between OneofNYC.com's Users, you understand, acknowledge and agree that OneofNYC.com is under no obligation or responsibility to become involved, and shall not be subject to any liability.

In accordance with our Privacy Policy, OneofNYC.com will not profide information about other users.

20. Jurisdiction and Choice of Law:

The TC shall be governed by, construed and enforced in accordance with the laws of the State of New York without regard to its choice of law provisions. Any action the users or any third party may bring to enforce the TC, or in connection with any matters related to OneofNYC.com, shall be brought only in either the state or Federal courts located in New York, and users expressly consent to the jurisdiction of said courts. Users also 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 OneofNYC.com or the TC must be filed within one (1) year after such claim or cause of action arose or be forever barred.

21. General Information

Agreement: This TC constitutes the entire agreement between you and OneofNYC.com. It governs your use of the service, superseding any prior agreements between you and OneofNYC.com.

Choice of Law and Forum: The TC and relationship between you and OneofNYC.com shall be governed by the laws of the State of New York, without regard to its conflict of law provisions.

Waiver and Severability of Terms: The failure of OneofNYC.com to exercise or enforce any right or provision of the TC shall not constitute a waiver of such right or provision. If any provision of the TC is found, by a court or 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 TC shall remain in full force and effect.

Non-Transferability: You agree that your user account with OneofNYC.com is non-transferable, and any rights assigned to your account with OneofNYC.com terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently archived or 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 OneofNYC.com or TC must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TC are for convenience only, and have no legal or contractual effect.

22. Violations

Please report any violations of the TC, by flagging posts as indicated, or by emailing to the following address: info@oneofnyc.com.

Our failure to act with respect to a breach, by you or others, does not waive our right to act with respect to subsequent or similar breaches.

You understand, acknowledge and agree that, because damages are often difficult to quantify, if it becomes necessary for OneofNYC.com to pursue legal action to enforce these Terms, you will be liable to pay OneofNYC.com in the following amounts as liquidated damages, which you accept as reasonable estimates of OneofNYC.com's damages for the specified breaches of these Terms:

a. If you post a message, as defined above, that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay OneofNYC.com one thousand dollars ($1,000) for each such message. This provision does not apply to content that constitutes lawful non-deceptive parody of public figures.

b. If OneofNYC.com establishes limits on the frequency with which you may access the service, or terminates your access to or use of the service, you agree to pay OneofNYC.com one hundred dollars ($100) for each message posted in excess of such limits or for each session on which you access OneofNYC.com in excess of such limits, whichever is higher.

c. If you send unsolicited email advertisements to OneofNYC.com user email addresses, or if you send unsolicited email advertisements through OneofNYC.com's computer systems, you agree to pay OneofNYC.com twenty five dollars ($25) for each such email.

d. If you post content in violation of the TC, other than as described in exceptions above, you agree to pay OneofNYC.com one hundred dollars ($100) for each item of content posted. In its sole discretion, OneofNYC.com may elect to issue a warning before assessing damages.

e. If you are a "Posting Agent" that uses the service in violation of the TC, in addition to any liquidated damages under clause (d), you agree to pay OneofNYC.com one hundred dollars ($100) for each and  every Item you post in violation of the TC. A "Posting Agent" will also be deemed an agent of the party engaging the "Posting Agent" to access OneofNYC.com (the "Principal"), and the Principal (by engaging the "Posting Agent" in violation of the TC) agrees to pay OneofNYC.com an additional one hundred dollars ($100) for each Item posted by the "Posting Agent" on behalf of the Principal in violation of the TC.

f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any content (a notable exception being your own content) in violation of these Terms without OneofNYC.com's express written permission, you agree to pay OneofNYC.com three thousand dollars ($3,000) for each day on which you engage in such conduct.

Otherwise, you agree to pay OneofNYC.com's actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, OneofNYC.com retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.

23. Feedback

Please feel free to comment on these Terms and Conditions, either by sending an email to info@oneofnyc.com.

24. Housing for Housing, Rentals and Commercial Channels on OneofNYC.com

OneofNYC.com's real estate channels are subject to Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended. Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), as amended, prohibits discrimination in the sale, rental, and financing of dwellings, and in other housing-related transactions, based on race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability).

OneofNYC.com will not knowingly accept any classifieds and advertising pertain to real estate which is in violation of any applicable law. Community users are hereby informed that all dwellings advertised on OneofNYC.com are available on an equal opportunity basis. To complain of discrimination call HUD toll-free at 1-800-669-9777. The toll-free number for the hearing impaired is 1-800-927-9275.

Users acknowledge and agree that submitting or posting any information pertain to classified or advertising which discriminates based on race, color, national origin, religion, sex, sexual orientation, familial status and /or handicap/disability is prohibited. If you see any content or posting which discriminates based on any of the above factors, you are encouraged to contact HUD. Users understand that OneofNYC.com shall have the right, but not the obligation, to remove, edit or delete any ad.


 
 
 

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