Terms & Conditions

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Terms & Conditions

This website (the "Site") is owned and operated by New York Singers Collective, LLC. (“NYSC”) These terms and conditions of use apply to and govern your use of the Site. Your use of the Site signifies your agreement to be bound by these terms and conditions. If you do not agree to be bound by these terms and conditions of use, you may not access or otherwise use the Site. We may amend these terms and conditions at any time by posting the amended terms on our Site. This Agreement may not be otherwise amended except in a writing signed by both parties. For the purposes of these terms and conditions "user(s)" means any person or entity that accesses or uses the Site.  
  
NYSC does not receive a referral fee from any users.

License to Use the Site  

NYSC grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon for your personal use only, provided that you comply fully with these terms and conditions of use. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these terms and conditions of use. You acknowledge and agree that the Site and the Content accessible from the Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by NYSC, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Content, in whole or in part.

Releases

NYSC cannot and does not control any text, graphic, song clips or other materials posted by other users on the Site. (the “Content”)  All Content is solely the responsibility of the person or entity who posted such Content.  NYSC does not guarantee the quality, integrity or accuracy of any Content.  You acknowledge that, by using the Site, you may be exposed to Content which you deem to be offensive.  NYSC is not responsible for any viruses or defects that may be found to exist in the Content or otherwise on the Site, or any direct damages, lost profits or other consequential damages that may result. You may not download or otherwise attempt to copy any Content on the Site unless it is explicitly marked as downloadable. You agree that NYSC will not, under any circumstances, be liable in any way in connection with any Content, including, but not limited to, for any infringement, errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Service. You release us from any and all liability with respect to any claims of any kind regarding the Content.  

NYSC is not in any way involved in user-to-user dealings of any kind. If you have a dispute with one or more users, you release NYSC (and its officers, members and agents) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these disputes. If you are a California resident, you waive California Civil Code section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Links to Other Websites

The Site contains links to other World Wide Web sites. Links do not imply that NYSC endorses any linked sites, or is affiliated or associated with or legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links. NYSC does not endorse the accuracy or reliability of any content, advice, opinion, statement, or other information displayed or distributed on any linked sites and you acknowledge that any reliance upon any such content, opinion, advice, statement, or other information shall be at your sole risk.  

Advertisers

The Site does not warrant, endorse or guarantee any product or services advertised on our Site, and we will not be a party to any transaction between you and any advertiser.

Copyright Complaints

It is NYSC's policy to comply with all intellectual property laws and, where necessary, to terminate the accounts of users who infringe the intellectual property rights of others.

If you believe that your work has been infringed, please send a notice of copyright infringement to NYSC's Designated Agent for Copyright Infringement containing the following information:
a. physical or electronic signature of the copyright owner or the person authorized to act on behalf of the copyright owner;
b. identification of the copyrighted work claimed to be infringed;
c. description of where the alleged infringements are located on the Site;
d. your name, address, telephone number, and email address;
e. A statement of good faith belief that the material is infringing;
f. A statement that the information in the notification is accurate and that the complaint is authorized by the copyright holder.

Please send notices of copyright infringement to NYSC’s Designated Agent for Copyright Infringement:

Designated Agent for Copyright

Webmaster
New York Singers Collective
244 Fifth Avenue Suite J277
New York, NY 10001-7604

Once proper notice has been received, NYSC may take the following action:
1. remove or block access to infringing material; and
2. notify the owner of the relevant Content of the copyright infringement notification;
The Content owner may then provide a counter notice that contains the following information:
1. physical or electronic signature of the owner of the Content;
2. identification of the Content that has been removed or to which access has been disabled;
3. statement that the owner has a good faith belief that the Content did not constitute copyright infringement;
4. Content owner's name, address, telephone number, and email address; and
5. statement that the Content owner consents to jurisdiction in federal court.

If NYSC receives a counter notification, it will forward this notification to the original complaining party. If the complaining party does not respond to the counter notice by filing a lawsuit, NYSC may restore the material or access to the material within 30 days of the receipt of a counter notification.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:  
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NYSC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NYSC MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (iii) THAT YOU WILL OBTAIN ANY  BUSINESS RESULTS FROM YOUR USE OF THE SITE.  

ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.  
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NYSC OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.

CERTAIN CONTENT MAY BE CONSIDERED OBJECTIONABLE BY INDIVIDUAL USERS AND USERS MUST EXERCISE THEIR DISCRETION IN USING AND ALLOWING MINORS OR OTHERS TO USE THE SITE.    

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NYSC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NYSC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR CONCERNING: (i) YOUR USE OR  INABILITY TO USE THE SITE; (ii) ANY CONTENT OR LINKS OR THE SITE; OR (iii) ANY OTHER MATTER RELATING TO THE SITE.  

IF YOU ARE DISSATISFIED WITH THE SITE OR ANY MATERIALS ON THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.  

IN NO EVENT SHALL THE TOTAL LIABILITY OF NYSC, ITS SUBSIDIARIES AND AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OF USE OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, $100.00.

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 THE SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.  

Miscellaneous

This Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, United States, applicable to contracts wholly made and wholly performed in the State of New York, United States.  This Agreement shall constitute the entire agreement between the parties with respect to the subject matter hereof and may only be modified by a written amendment signed by both parties.  

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