OneofNYC.com owns and operates the Website, www.oneofnyc.com This Terms of Use governs your participation with www.oneofnyc.com . Access to and use of OneofNYC.com with listed content from third parties available through OneofNYC.com are subject to the following term and conditions. This includes but is not limited to notices. By using OneofNYC.com, you are agreeing to all of the Terms and Conditions. Check the date of the last update of the Terms and Conditions.
Access to OneofNYC.com is permitted and OneofNYC.com reserve the right to withdraw or amend OneofNYC.com without notice. This includes but is not limited to services including third parties. OneofNYC.com will not be liable if for any reason OneofNYC.com is unavailable at any time or for any period. OneofNYC.com may contain links to third party websites which are not operated by OneofNYC.com. OneofNYC.com is not responsible for third party websites or for any loss of damage involved by users of OneofNYC.com. You are responsible to follow Terms and Conditions of such activities from third party websites.
Prohibitions
You must not misuse OneofNYC.com. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of OneofNYC.com; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through OneofNYC.com. Breaching this provision would constitute a criminal offense.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of OneofNYC.com or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through OneofNYC.com are the respectful property of assigned owners.
Disclaimer of Liability
The material displayed on OneofNYC.com is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect OneofNYC.com liability for death or personal injury arising from its negligence, fraudulent misrepresentation, and misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and OneofNYC.com.