Terms and Conditions
Terms and Conditions of Sale or Rental of Be New York, LLC
These terms and conditions of sale or rental (these “Terms”), are the only terms which govern your purchase or rental of goods and services from Be New York, LLC d/b/a LOCALIKE New York (“we”, “our” or “us”). When you buy or rent from us, you agree to be bound by these Terms. These Terms shall be effective from the date of your purchase through the later of the duration of your travel as it related to any Product, or until all rented Products are returned to us or replaced.
No person under the age of 18 years may purchase Products. If you are under 18, please ask an adult to make your purchase.
We are: Be New York, LLC, a New York limited liability company d/b/a LOCALIKE New York.
|Our address is:||154 Grand Street
New York, NY 10013, USA
You are our customer.1. Definitions and Applicability.
In these Terms:
· “New York PERSONAL” means our customized itinerary product generated by us upon your completion of our online questionnaire to create a highly authentic travel experience, including specific Travel Hints or Tips throughout each day of your stay based on the duration you indicate in connection with your purchase.
· “New York SELECTION” means our ready-made itinerary product which includes seasonal recommendations and special up to date Travel Hints or Tips.
· “New York SMART” means our offering of products or equipment for rent, including, without limitation, SIM cards and picnic baskets.
· “Products” means any of the goods or services we offer for sale or rent, as the case may be, including, without limitation, our New York PERSONAL and New York SELECTION products and standard other programs and related services, as well as our rental offerings through our New York SMART product.
· “Site” means the entire computing hardware and software installation that is or supports our website located at the following URL: www.localike.com.
· “Travel Hints or Tips” means the destinations, arrangements, events, experiences, and places of interest we recommend to purchasers of our Products.
Any capitalized terms included in these Terms and not otherwise defined shall have the respective meanings ascribed thereto in our Website Terms and Conditions of Use, which are incorporated herein by reference. To the extent of any conflict between these Terms and our Website Terms and Conditions of Use, the provisions in our Website Terms and Conditions of Use shall apply.2. Our business.
- a. We make all Travel Hints and Tips independently based on our knowledge and experience.
- b. We have no contracts or other commitments with any dining establishments, hotels, entertainment venues, museums, galleries, travel providers or any other third parties, and receive no commission or compensation for making any suggestions to you.
- c. Please be advised that we are not a party to any transaction except between you and us. We do not contract for any services recommended to you as Travel Hints or Tips. Rather, you will contract with the services providers directly for every Travel Hint or Tip that you wish to experience throughout the duration of your visit to New York City. We are not involved in the actual transaction between you and these third-party service providers even though we may from time to time make introductions, arrangements or provide booking services to enable you to enter into a transaction to make a reservation or purchase tickets for a specific Travel Hint or Tip. As a result, your ability to experience the Travel Hints or Tips we provide is outside of our direct control, and is solely your responsibility.
3. Our contract with you
- a. These Terms apply in any event you purchase or rent any of our Products.
- b. We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase and tell you when we anticipate delivering your order.
- c. We may change these Terms from time to time and at any time. The Terms that apply to your transaction are those posted on Site on the day you place an order.
- d. If in future, you buy or rent Products from us under any arrangement which does not involve your payment via our Site, these Terms still apply.
- e. If you purchase our New York PERSONAL Product, upon your review of the Travel Hints or Tips included in the Product, you may contact us and request us to provide alternative Travel Hints or Tips. We agree to provide alternative suggestions for up to 30% of the Travel Hints or Tips included in your New York PERSONAL itinerary at no extra charge. For additional alternative suggestions you may contact us directly. Additional fees may apply.
- f. All Products are sold or rented to you only for your personal use. Any circulation, copying, duplication, publication or disclosure (this includes amongst others social media platforms and other electronic media) would require prior written approval by LOCALIKE New York. The Products bought or rented from us may only be shared with possible accompanying fellow traveler(s).
4. Your account with us.
- a. You agree that you have provided accurate, up to date, and complete information about yourself. We need this information to provide you with the Products. The creation of our New York PERSONAL Product is also subject to your completion of our online questionnaire. The more information you provide by completing the questionnaire will enhance our ability to create your unique travel experience.
- b. Upon your review of our Products and confirmation of specific Travel Hints or Tips that you are interested in, you may contact us directly to coordinate making reservations or other arrangements locally on your behalf, including purchasing tickets to specific events or venues. Our online digital travel itinerary included with our Products also contains a tool that you can use to select specific Travel Hints or Tips and request our services in making reservations or buy tickets.
5. Price and Payment.
- a. Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than U.S. Dollars will be borne by you.
- b. Any information given by us in relation to exchange rates are approximate only and may vary from time to time.
- c. You are required to pay in full at the time of your order.
- d. We use PayPal, Amazon and Authorize.net for accepting payment by credit card. These companies process your payment and forward the payment to us. We do not receive your credit card information. You will be sent a payment confirmation email from PayPal, Amazon, Authorize.net or us immediately once your payment has completed successfully. For PayPal, Amazon or Authorize.net terms and conditions please visit their respective website: www.paypal.com, payments.amazon.com or www.authorize.net.
- e. When you are checking out, and get redirected to PayPal’s, Amazon's or Authorize.net’s web page to make payment, you have two options for making payment: 1. Proceed without joining PayPal, Amazon or Authorize.net, or 2. Login or setup an account. Please contact us if you do not have a credit card or are otherwise unable to make payments via PayPal, Amazon or Authorize.net.
- a. Delivery of Products you have purchased may be subject to your completion of our online questionnaire. Deliveries will be made by us by uploading Product(s) you have purchased in your personal account on our Site.
- b. We endeavor to deliver purchased Products within the later of five business days of the placement of your order or your submission of your online questionnaire. We shall not be liable for any delays in delivery or circumstances beyond our control.
- c. If we are not able to deliver Products you purchased within 14 days of the date of your order or your submission of our online questionnaire, we will notify you by e-mail to provide an estimate of when we expect to deliver your Products and give you the option of cancelling your order.
7. Cancellation of order.
- a. You may cancel your order at any time before we have uploaded your Products to your account on our Site.
- b. If you timely cancel your order, we will refund to you the price of the Products. The option to cancel your order is not available if the Products have been uploaded to your account.
- c. To cancel your order you must make a cancellation request by sending an e-mail to firstname.lastname@example.org. We will then e-mail you confirmation of your cancellation.
- d. We will refund your money within 30 days of your notice of cancellation.
8. Disclaimers and Limitation of Liability.
WE GIVE NO WARRANTY AND MAKE NO REPRESENTATION, EXPRESS OR IMPLIED, AS TO: THE ADEQUACY OR APPROPRIATENESS OF THE PRODUCTS FOR YOUR PURPOSE; ANY IMPLIED WARRANTY OR CONDITION AS TO MERCHANTABILITY OR FITNESS OF THE PRODUCTS FOR A PURPOSE OTHER THAN THAT FOR WHICH THE PRODUCTS ARE COMMONLY USED.
WE MAKE NO GUARANTEES WITH RESPECT TO OUR TRAVEL HINTS OR TIPS, AND DISCLAIM ANY REPRESENTATION OR WARRANTY WITH RESPECT TO ANY PARTICULAR TRAVEL HINTS OR TIPS REGARDING AVAILABILITY OR ACCESSIBILITY, INCLUDING, WITHOUT LIMITATION, THAT IT IS AVAILABLE AT SUGGESTED OR REQUESTED TIMES, OR THAT YOU WILL BE ABLE TO ACQUIRE TICKETS, IF NECESSARY, OR WOULD OTHERWISE BE GRANTED ADMISSION.
THE CARRIERS, HOTELS, TOUR GUIDES, RESTAURANTS, THEATERS, SPORT GAME VENUES, CLUBS, MUSEUMS AND OTHER ESTABLISHMENTS AND PROVIDERS OF TOURISM SERVICES THAT YOU MAY ENGAGE AS A RESULT OF OUR TRAVEL TIPS OR HINTS OR OTHERWISE TO PROVIDE SERVICES RELATING TO YOUR TRAVEL EXPERIENCE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF US. WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH THIRD-PARTIES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. WE HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND OUR CONTROL, AND WE HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
WE ARE NOT LIABLE IN ANY CIRCUMSTANCES FOR SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL LOSS OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, LOSS OF DATA OR LOSS OF REVENUES OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SITE OR THE PURCHASE OF PRODUCTS, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, THE TOTAL OF THE AMOUNTS PAID TO US FOR THE PRODUCTS SOLD TO YOU HEREUNDER.
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of our Site, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
10. Miscellaneous provisions.
- a. When we communicate with you we do so by email or through your personal account on www.localike.com. You agree that electronic communications are contractually binding in the same way as properly signed and dated paper sent by post.
- b. Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.
- c. The relationship between us is that of independent contractors. Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
- d. Nothing in these Terms or on our Site shall confer on any third party any benefit or obligation.
- e. We shall not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in fulfilling or performing any term of these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
- f. These Terms are written in English (US). To the extent any translated version of these Terms conflicts with the English version, the English version will prevail.
- g. If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
- h. No waiver by us, in exercising any right, power or provision in these Terms shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
- i. In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
- j. We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
- k. All matters arising out of or relating to these Terms is governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of New York.
- l. Any legal suit, action or proceeding arising out of or relating to these Terms shall be instituted in the federal courts of the United States of America or the courts of the State of New York in each case located in the City of Rochester and County of Monroe, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
- m. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
- n. WE DO NOT SELL OR OFFER FOR SALE ANY TRAVEL TICKETS OR ORDERS FOR TRANSPORTATION, OR NEGOTIATE FOR OR REPRESENT BY SOLICITATION, ADVERTISEMENT OR OTHERWISE AS ONE WHO SELLS, PROVIDES, FURNISHES CONTRACTS OR ARRANGES FOR SUCH TRAVEL TICKETS OR ORDERS FOR TRANSPORTATION, AND DO NOT DIRECTLY SOLICIT OUR CUSTOMERS THROUGH MAIL OR TELEPHONE FOR THE SALE OF TRAVEL SERVICES. OUR SERVICES EXIST SOLELY TO ENABLE YOU TO HAVE A UNIQUE TRAVEL EXPERIENCE ONCE YOU ARRIVE AT YOUR FINAL DESTINATION.
11. Terms and Conditions of Rental.
The following terms and conditions included in Sections 12 through 20 below apply to you only if you have elected to rent Products from us at any point during your trip to New York.
12. Delivery Of Rental Products.
- a. Upon written confirmation from you, we will either deliver rented Products, for an additional fee and at our own risk, to the address you designate, or make the Rental Products available for pick-up at our business location in New York City.
- b. If delivery is required, we will use reasonable efforts to deliver the rented Products by the requested delivery date (the “Delivery Date”) but shall not incur any liability to you in the event of any delay caused by forces and/or other circumstances beyond our control.
- c. You will accept the rented Products upon receipt or pick-up on or before the Delivery Date and if for any reason you fail to accept the rented Products you shall nevertheless be liable for the stated rental charge in full, and for the proper and timely return of the rented Products to us.
- d. The rental period shall begin on the Delivery Date and end on the date indicated in your order. The rental period may be extended at any time upon written notice prior to the end of the initial rental period. Additional charges will apply. Under no circumstances will you be granted credit or otherwise receive a refund for unused time or early return of rented Products.
- a. All applicable rental charges are listed on the schedule of fees included on our Site at the time of your order and are incorporated into your order confirmation. Rental fees will apply and be charged on a daily rate based on the rates shown on our Site on the date of your order. You will pay rental charges from the Delivery Date until the later of the end of the rental period or the date all of the rented Products are returned to and accepted by us or replaced. Rental charges apply to full days and fractions thereof. Under no circumstances will you be granted credit or otherwise receive a refund for unused prepaid air time.
- b. The rental charges include the cost of renting the rented Product, and in the case of SIM card rentals, prepaid air time. You are responsible for the payment of all charges for all calls made with any rented Product after the Delivery Date and until it is returned to and accepted by us or by one of our representatives.
- c. You are responsible for phone equipment, airtime charges, and such charges including rental charges and shipping charges. Airtime charges for calls that are processed and connected using your personal SIM card would be charged based on the rates of your individual cell phone carrier. Such charges for calls made using a rented SIM card will be based on the rates shown on our Site for prepaid airtime. Such calls would include incoming, outgoing, local or international calls during the entire period Products are rented whether or not you personally make the calls for which the charges are imposed. Additional prepaid airtime is available for purchase for an additional charge.
- d. We are entitled to bill you, on a delayed basis, at any time after the rented Products have been returned for any and all charges for which you shall be responsible pursuant to these Terms, whether or not we are aware of such charges at the time of the return of the rented Products. All charges and other amounts billed pursuant to these Terms are payable by you as and when computed. You hereby consent to the payment of such amounts and authorize us to charge you through PayPal, Amazon or Authorize.net for such service as set forth in these Terms.
- e. You will pay the taxes on all rental charges incurred using the rented Products. Applicable U.S and State taxes are additional and will be added.
14. Cancellation of Rental.
We will not charge a cancellation fee if an order is cancelled at least forty-eight hours prior to delivery of the rented Products to you. If the order is cancelled after we ship the rented Products a $35.00 shipping fee will be applied. (Rush shipping charges are additional and will vary in cost.) In addition, you are responsible for any fees incurred in connection with the return delivery of rented Products; any remaining amount received as payment for rental charges or fees of cancelled orders will be refunded.
15. Loss Or Damage Of Rental Products.
- a. You shall immediately notify us of any theft, loss of or damage to rented Products.
- b. If rented Products are not returned at the end of the rental period, then we, in our sole discretion, may charge the full replacement costs of the rented Products, without prejudice to any other right or remedy we may have against you.
- c. In the event of any loss, damage, theft or disappearance of the rented Products while on rental, regardless of circumstances, you shall pay us on demand, an amount equivalent to the value of the rented Products. In the event the rented Products are stolen or lost, you are liable for all call charges on such equipment until its functionality is deactivated by the cellular carrier.
16. Use Of Rental Products.
- a. We will provide instructions and guidelines on the use upon the delivery of rented Products to you.
- b. You agree to use the rented Products in a careful and proper manner, in accordance with these Terms and the instructions we provide, and in no other manner.
- c. You agree that you will not:
- i. Effect any repairs or modifications to the rented Products;
- ii. Remove or interfere with any certification markers affixed to the rented Products;
- iii. Deface or add to the rented Products in any way;
- iv. Allow the use of the rented Products by any third party; or
- v. Attempt to dispose of the rented Products or to grant any interest in the rented Products to any third party.
17. Repairs Of Rental Products.
- a. If the rented Products are not in working order when delivered or subsequently malfunctions, you agree to notify us or our designated representative immediately.
- b. We will repair or replace defective rented Products as soon as possible after we have been notified of the problem by you and, provided you are not in breach of these Terms, we will provide you with the same or similar rented Products as soon as possible for a period equivalent to the part of the rental period un-expired when the malfunction occurred.
- c. If we find that rented Products reported as faulty are actually in working order then you will pay the cost of collection and delivery of the replacement rented Products.
- d. If we cannot resolve an issue concerning rented Product performance with you, we will provide authorization via e-mail or telephone and you can take the rented Products to a repair center. If the rented Products can be repaired, we will reimburse you for the charges.
- a. We warrant that rented Products will be in working order when delivered to you but cannot be responsible for the performance of the rented Products or the operation of the telephone network to which it may be connected.
- b. WE MAKE NO OTHER WARRANTIES, GUARANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, REGARDING ANY MATTER, INCLUDING WITHOUT LIMITATION, THE MERCHANTABILITY, ACCURACY, RELIABITY, CONDITION OR FITNESS FOR A PARTICULAR PURPOSE OF THE RENTED PRODUCTS OR THE SERVICES FURNISHED IN ACCORDANCE WITH THESE TERMS. SUBJECT TO THESE TERMS YOU SHALL BE SOLELY RESPONSIBLE FOR AND SHALL INDEMNIFY AND HOLD US HARMLESS AGAINST ALL CLAIMS, DEMANDS AND LIABILITY ARISING AS A RESULT OF LEASE, POSSESSION, USE, CONDITION, OPERATION OR MISUSE OF THE RENTED PRODUCTS OR THE SERVICES PROVIDED HEREUNDER WHETHER IN BREACH OF THESE TERMS OR HOWEVER IT ARISES. WE WILL IN NO EVENT BE RESPONSIBLE FOR ANY LIABILITY, CLAIM, LOSS, DAMAGE OR EXPENSE OF ANY KIND (INCLUDING LOST PROFITS) WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL CAUSED BY THE RENTED PRODUCTS OR THE FAILURE OF THE RENTED PRODUCTS TO OPERATE CORRECTLY OR AT ALL.
- c. You shall be liable to us for all expenses, including reasonable attorney's fees, incurred in connection with any collection, repossession or other action brought to enforce our right to deactivate the rented Products at any time and without notice to you, in the event that you fail to satisfy your obligations under these Terms. We reserve the right to deactivate the rented Products at any time and without notice to you in the event that we detect unusually high usage or possible fraud in accordance with general operating practices and procedures in the cellular industry, and we shall have no liability whatsoever to you for such deactivation.
The rented Products will at all times remain our property. You acquire no rights other than temporary use. During the rental period, no service or part replacements are authorized without our prior written approval. You agree that you will examine the rented Products upon receipt and will notify us in writing within 24 hours if the rented Products are not in good working order at the time of receipt.
20. Termination Of Rental.
- a. Unless otherwise agreed by us, you shall return the rented Products to us at the end of the rental period in good working order and in the same condition as when it was delivered to you. You shall return the rented Products by drop off or Federal Express or comparable overnight courier to our New York City address and in accordance with shipping instructions provided by us at time of delivery. Should you return the rented Products using means other than those specified in the instructions we provided at the start of the rental period, rental and other charges will continue, and you will remain liable for any damage to the rented Products, while the rented Products are in transit. Packages returned with any components or pieces missing from the package provided will continue to be charged full rental until all such missing components or pieces are returned or replacement value of the rented Products is paid.
- b. Should you (i) obtain use of the rented Products by any misrepresentation or fraudulent means, or (ii) tamper with the rented Products, or (iii) use the rented Products for any illegal or improper purpose, or (iv) otherwise commit a breach of these Terms, then we may, at our option and in addition to other remedies available hereunder at law or in equity, immediately terminate all services to you, and take immediate possession of the rented Products, without being obliged to repay any portion of the rental charges or advance deposit. No remedy we have shall be exclusive of any other remedy whether provided herein or available at law or in equity, but shall be cumulative with other remedies.
- c. Subject to these Terms, you shall pay the manufacturer's full retail price to us for any rented Products which are damaged or not returned at the end of the rental period.
Website Terms and Conditions of Use
As used in this Agreement, references to our «Affiliates» includes our owners, officers, directors, partners, sponsors, and advertisers, and includes all parties involved in creating, producing, and/or delivering the Site and/or the Content.
You may use the Services only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. By using the Site, you represent and warrant that you are of legal age to form a binding contract.2. Description of Services
We make various services available on the Site including, but not limited to, collecting information from users to coordinate a unique personalized itinerary for vacationing in New York City based in part on user responses to our questionnaire (collectively, the «Services»).
We reserve the sole right to either modify or discontinue the Site, including any features therein, at any time in our sole discretion with or without notice to you. We will not be liable if all or any part of the Site is unavailable at any time or for any period for any reason. Any new features that augment or enhance the then-current services on the Site shall also be subject to this Agreement. We take no responsibility for the accuracy of any third-party content. Such third-party content and any obligation to update or monitor such content is governed by the terms of this Agreement as more fully set forth herein.
You understand and agree that temporary interruptions of the Services may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
We assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.3. Registration Data and Privacy
In order to access some of the Services on the Site, you will require a separate account and password that can be obtained by completing our online registration form, which requests certain information and data («Registration Data»). By registering, you agree that all information provided in the Registration Data is true and accurate.
You agree to pay all fees and charges associated with Services you purchase through our Site in accordance with our Terms of Sale, which are incorporated herein by reference. We use PayPal, Amazon and Authorize.net for accepting payment by credit card. PayPal, Amazon and Authorize.net are internationally recognized payment gateways and offer highly secure service. We thus, do not obtain your card details. These companies process your payment and forward the payment to us. You will be sent a payment confirmation email from PayPal, Amazon, Authorize.net or us immediately once your payment has completed successfully. For PayPal, Amazon or Authorize.net terms and conditions please visit their respective website: www.paypal.com, payments.amazon.com or www.authorize.net.5. Conduct on Site
- 1. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
- 2. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- 3. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- 4. Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- 5. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- 6. Impersonates any person or entity, including any of our employees or representatives.
We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the Site. All third-party content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. We may not monitor or control the content posted to the Site by third parties and we cannot take responsibility for such content. Any use or reliance on any content or materials posted to the Site or obtained by you through the Site is at your own risk.
You agree that we may, at any time, and at our sole discretion, terminate users or reclaim usernames without prior notice for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
You may not do any of the following while accessing or using the Site: (i) access, tamper with, or use non-public areas of the Site, our computer systems, or the technical delivery systems of our providers; or (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; or (iii) use any robot, spider, scraper or other automatic device, process or means to access the Site for any purpose without our express written permission; or (iv) take any action that imposes or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; or (v) implement any manual processes to monitor or copy Content without express written permission; or (vi) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Site to send altered, deceptive or false source-identifying information; or(vii) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Site, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Site; or (viii) violate any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); or (ix) engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Site, or which, as determined by us, may harm us, our Affiliates, or users of the Site, or expose them to liability.6. Third Party Sites and Information; Linking to the Site
The Site may contain links to third-party websites or resources. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those third-party sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or third-party by us, or any warranty of any kind, either express or implied. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You may link to the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You agree to cooperate with us in causing any unauthorized framing or linking to immediately cease. We reserve the right to withdraw linking permission without notice.7. Intellectual Property Rights
Copyright © 2012 Be New York, LLC. All Rights Reserved.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, the Site will not infringe the rights of third parties. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that any content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
All right, title, and interest in and to the Services (excluding unaffiliated third-party content) are and will remain the exclusive property of Be New York, LLC and/or our Affiliates. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. No license, right or interest in any trademarks, logos, domain names, and other distinctive brand features of Be New York, LLC or any third party is granted under this Agreement. Any feedback, comments, or suggestions you may provide regarding the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.8. Use of Your Materials
We respect the intellectual property of others, and we ask you to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you or any user of the Site believes its copyright, trademark or other property rights have been infringed by a posting on the Site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
- 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 2. Identification of the copyrighted work claimed to have been infringed;
- 3. Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- 4. Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed, and information reasonably sufficient to permit us to locate the materials;
- 5. 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, agent, or the law; and
- 6. 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 infringing.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. We reserve the right to remove identified materials from our Site without prior notice and at our sole discretion, without liability to you or any other party. The claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act. In appropriate circumstances, we will also terminate a user’s account if the user is determined to be a repeat infringer.
Designated Agent for Claimed Infringement:
Be New York, LLC
LOCALIKE New York
Attn: Andreas Leuzinger
154 Grand Street
New York, NY 10013, USA
ALL MATERIALS AND SERVICES ON THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, THE WARRANTY OF NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (i) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR (ii) THE QUALITY OF ANY SERVICES OR INFORMATION OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. WE MAKE NO WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
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 THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
USE OF THE SERVICES OR THE ACQUISITION OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES.
Through use of the Site you may have the opportunity to engage in transactions with other users. You acknowledge that all merchandise or services offered by any third party are agreed to solely between the seller and purchaser of such merchandise and services and you.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, PROFITS, OR GOODWILL OR OTHER INTANGIBLE LOSSES, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE THE SERVICES OR ANY LINKED WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF THE SERVICES OR THE SITE FOR ANY REASON OR PURPOSE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE OR ANY LINKED WEBSITE; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; OR (v) THE PERFORMANCE OR NON-PERFORMANCE OF ANY AFFILIATE IN CONNECTION WITH THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. WE ARE NEITHER AN AGENT OF NOR ARE CONNECTED WITH ANY AFFILIATED BUSINESS WHICH MAY GENERATE CONTENT ON THE SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE.
IN NO EVENT WILL THE COLLECTIVE LIABILITY OF US AND OUR AFFILIATES, AND ANY OF OUR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT AND/OR SERVICES OUT OF WHICH LIABILITY AROSE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.11. Indemnification
From time to time, the Site may include advertisements offered by third parties. In consideration for us granting you access to and use of the Site, you agree that we and our third party providers and partners may place such advertising on the Site or in connection with the display of content or information from the Site whether submitted by you or others. You may enter into correspondence with or participate in promotions of the advertisers showing their products on the Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.13. Email Services
You are solely responsible for maintaining the confidentiality of your password and account, and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if we believe there has been any unauthorized transfer or sharing thereof. You agree to immediately notify us of any unauthorized use of your user name or password or any other breach of security.15. Termination of Use
You agree that we may, at any time and in our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of this Agreement. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the Services immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1, 3-10, and 14-16 of this Agreement shall survive any termination.16. Governing Law
The Site can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ by accessing the Site, both of us agree that the statutes and laws of the State of New York, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Site. You (i) agree and hereby submit to the exclusive personal jurisdiction and venue of the United States District Court for the Western District of New York (or, if subject matter jurisdiction in that Court is not available, in any State Court located in Rochester, New York with respect to such matters, (ii) agree that all claims in respect of such dispute or preceding may be heard and determined in such courts, and (iii) waive, to the fullest extent permitted by applicable law, any objection which you may now have or hereafter have to the laying of venue of any such dispute brought in such court or any defense of inconvenient form in connection therewith.17. Notices
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at email@example.com. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Site to inform you of changes to the Site or other matters of importance, and such broadcasts shall constitute notice to you.
Any notices or communication under this Agreement will be deemed delivered to the party receiving such communication (i) on the delivery date if delivered personally to the party; (ii) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (iii) five business days after the mailing date, if sent by US mail, return receipt requested; (iv) on the delivery date if transmitted by confirmed facsimile; or (v) on the delivery date if transmitted by confirmed email.18. Entire Agreement
This Agreement constitutes the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. This Agreement may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document, or to enter an order for products or services which are subject to additional or altered terms and conditions, shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.19. Miscellaneous
In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees.
ANY CAUSE OF ACTION OR CLAIM BROUGHT BY YOU AGAINST US OR OUR AFFILIATES MUST BE INSTITUTED WITH ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES, OTHERWISE SUCH CAUSE OF ACTION OR CLAIM WILL BE DEEMED FOREVER WAIVED AND PERMANENTLY BARRED.
THIS AGREEMENT WAS WRITTEN IN ENGLISH (US). TO THE EXTENT ANY TRANSLATED VERSION OF THIS AGREEMENT CONFLICTS WITH THE ENGLISH VERSION, THE ENGLISH VERSION WILL PREVAIL.
You may not assign your rights and obligations under this Agreement to any third party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under this Agreement.
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure or delay by us to enforce or exercise any provision of this Agreement or related rights shall neither be construed as a waiver nor create an expectation of non-enforcement of that or any other right or provision.20. Contact Information
Except as explicitly noted on the Site, the Services are offered by Be New York, LLC d/b/a LOCALIKE New York, a New York limited liability company. If you have any questions about this Agreement, please contact us at firstname.lastname@example.org.