Welcome to The New York Press Club Web site (the “Site”). Your use of the Site is appreciated and it is also subject to the following terms and conditions which may change from time to time. Please bear in mind that whenever you visit the Site, you are considered to be using the Site. Your visit and usage is subject to the terms detailed here. Please check this space to view the terms and conditions currently in force.
PARTICIPATION AND CONDUCT
The New York Press Club grants to you a non-exclusive license to use and display the Site, and to download materials available for that purpose, all solely for your personal, non-commercial use. You may not transfer, assign, sub-license, lend, or re-sell the rights granted under this license.
You may participate in any forums or message threads offered here, but you agree not to post any material that is defamatory, libelous, obscene, indecent, abusive, threatening to others, or in violation of any law or that infringes the copyright, trademark right, or other intellectual property right of any third party.
You will be solely responsible for all content that you post on the Site. You agree to indemnify The New York Press Club and its officers and employees from and against all liabilities, judgments, damages, and costs (including attorney’s fees) incurred by any of them, which arise out of or are related to the content you post.
Forums and public messages are intended only for the personal use of visitors to the Site, and may not be used for commercial purposes or for organized political activity. The Site reserves the right to monitor posted content, and to modify or remove any messages or postings that it deems, in its sole discretion, to be abusive, defamatory, in violation of the copyright, trademark right, or other intellectual property right of any third party, or otherwise inappropriate for the Site. The Site also reserves the right to edit or modify any submissions in response to requests for feedback or other commentary.
Notwithstanding the foregoing, the Site is not obligated to take any such action(s), and will not be responsible or liable for content posted by any user in any forum, message board, or other area of the Site.
COPYRIGHT AND TRADEMARKS
The Site is the property of The New York Press Club which retains the right to bar any individual or entity from using it. Accessing the Site after being barred is considered trespassing. The Site and all materials published therein, including but not limited to articles, graphical images, interactive applications, audio clips, and video clips (collectively, the “Content”), are protected by copyright and are owned by The New York Press Club, and/or its licensors, and/or the copyright holders. You may not modify the Content or re-publish, re-transmit, or otherwise distribute directly or via links any Content to any third person except for your personal, non-commercial use, as permitted by the license granted above.
Notwithstanding the foregoing, The New York Press Club encorages direct linking to the main URL of the Site (www.newyorkpressclub.org) and “deep linking” to Content and Content pages on the Site so long as the Content and/or Content pages are unadulterated.
The New York Press Club and its respective logos are trademarks of The New York Press Club. All other trademarks on the Site are the property of their respective holders.
All requests for licensing, reprints, linking and other usage of material on the Site should be made via the “Contact” form provided on the Site. We will review your request, and provide you with an approval or rejection as soon as we have evaluated your request. We will attempt to approve or disapprove within 48 hours of each request
EXCLUSIONS OF WARRANTY AND LIABILITY
The Site AND ANY EXECUTABLE PROGRAMS AND OTHER MATERIALS PROVIDED THROUGH The Site ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE HEREBY EXCLUDED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE NEW YORK PRESS CLUB DOES NOT WARRANT THAT The Site OR ANY MATERIALS OBTAINED THROUGH The Site ARE VIRUS-FREE. IF YOU DOWNLOAD EXECUTABLE PROGRAMS FROM The Site OR BY A LINK PROVIDED ON The Site, THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF SUCH PROGRAMS IS ASSUMED BY YOU. The Site IS NOT RESPONSIBLE FOR THE ACCURACY OF OR ERRORS OR OMISSIONS IN ANY SUCH PROGRAMS, AND The Site DOES NOT WARRANT THAT THE OPERATION OF ANY SUCH PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN ANY SUCH PROGRAMS WILL BE CORRECTED. The Site DOES NOT WARRANT THAT ITS OWN CONTENT WILL BE ERROR FREE.
FURTHER, The Site WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS OR REVENUE; LOSS OF USE OF OR RELIANCE ON The Site, INFORMATION PROVIDED OR OF ANY EXECUTABLE PROGRAMS; LOSS OF USE OF DATA OR EQUIPMENT; OR OTHER SIMILAR DAMAGES) ARISING OUT OF THE USE OR INABILITY TO USE the Site OR ANY EXECUTABLE PROGRAM OBTAINED THROUGH The Site, EVEN IF The Site HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. IN NO EVENT SHALL The Site’s TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) RELATING TO THE SERVICE EXCEED $1.00.
The Site may give notice to you through general posting on the Site, through postal notification, or through email notification, in its sole discretion. You may give notice to The New York Press Club by email. the Site reserves the right, in its sole discretion, to restrict or block the access of any subscriber to the Site, or any section thereof.
Any failure by the Site to enforce any provision of this Agreement shall not be construed as a continuing waiver of any rights under such provision. In the event that any portion of this Agreement is held unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.
In the event you breach the terms of this license, or if any claims are made against the Site (its employees, officers or directors) resulting from your actions, you shall be liable to The New York Press Club for all damages, costs, judgments, expenses (including reasonable attorney fees) incurred.
This Agreement shall be governed by and construed in accordance with the laws of the State of New York as applied to contracts entered into and performed within New York State.