By using this website (the "Site") as provided by New York Celebrity Assistants ("NYCA"), the User accepts this Website Use Agreement (the "Agreement") without modification and is bound by all terms and conditions herein. This Agreement includes all terms, conditions, notices, provisions and applicable usage guidelines related to use of the Site. Users who do not agree with these terms and conditions may not use or access NYCA's website or assets. NYCA reserves the right to terminate any User's access to the Site and any or all of its assets at any time without notice, for any reason whatsoever.
This Agreement constitutes the entire agreement between the User and NYCA and supersedes any and all other agreements, representations and understandings, whether written or oral. This Agreement may not be modified or amended by the User without the prior written consent of NYCA’s Board. The headings used in this Agreement are for convenience only, and such headings are not to be used in determining the meaning or interpretation of these terms or conditions of use of the Site.
The User acknowledges that no joint venture, partnership, employment or agency relationship exists between the User and NYCA as a result of this Agreement or use of this Site.
NYCA has created the Site to enable the sharing among Users of the Site general information including, but not limited to, content that is not permitted on the NYCA email System (i.e. personal, self-promotional, etc.). Although NYCA's Web Site is freely available to the public, the Member Forum and email System are restricted to current members of NYCA.
NYCA retains copyright on all text, graphic images, software, databases, and other digital objects (the "Assets") which appear currently or in a future revision of the Site. "Assets" designates individual items and multiple items created in whole or in part by NYCA or its partners and presented on the Site.
The Assets published on the Site are protected by copyright and other intellectual property laws, and are owned or controlled by NYCA or the party listed as the provider of the Assets. Commercial use of the Assets is prohibited without written permission of NYCA or other copyright owner.
Observance of all privacy agreements as described in the NYCA Non-Disclosure Confidentiality Agreement apply to any and all correspondence on the Member Forum and the NYCA email system.
The NYCA logo and trademarks of NYCA are service marks of New York Celebrity Assistants, as are all page headers, custom graphics, logos and icons. Users may not link to any service mark without written approval in advance from the NYCA Board. All other trademarks and registered trademarks referred to or reproduced on this Site and servers are the property of their respective owners.
NYCA does not claim ownership of the materials, resources or concepts provided, posted, uploaded, inputted, or submitted by Users to the NYCA Member Forum (including feedback and suggestions). By providing, posting, uploading, inputting, or submitting material, however, Users are granting NYCA permission to use their submissions in connection with the operation of the Site. This permission is without limitation and includes the rights to: copy, distribute, transmit, display within the Members areas, publicly perform, reproduce, edit, translate and reformat any submission. Users will receive no compensation with respect to any submission, as provided herein. New York Celebrity Assistants is under no obligation to post or use any submission and may remove any submission at any time at the NYCA Board's sole discretion. By posting, uploading, inputting, providing or submitting any material, Users represent that they own or otherwise control all of the rights to their submission as described in this section including, without limitation, all the rights necessary for Users to provide, post, upload, input or submit the submissions.
NYCA reserves the right to modify, update, or alter the terms and conditions of this Agreement at any time. Continued use of the Site constitutes compliance with these terms and conditions as modified, updated, or altered at the sole discretion of the NYCA Board. NYCA may modify or terminate its content, Assets and services in its sole discretion at any time, without notice, for any reason and without liability to any User or third party. Any modifications and revisions are effective immediately upon publication on this Site, and the User's continued use after any change indicates acceptance of any changes.
The terms and conditions are governed by the laws of the State of New York, and will be construed and enforced in accordance with those laws. Any action brought in connection with this Site or to enforce these terms and conditions may be brought only in the state or federal courts in or with jurisdiction over Manhattan County, New York. By agreeing to the jurisdiction of these courts, however, NYCA does not waive any sovereign immunity that may otherwise apply.
Any part of this Agreement (including, but not limited to, the warranty disclaimers and liability limitations set forth herein) that may be determined to be invalid or unenforceable pursuant to applicable law will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of this Agreement shall continue in effect.
Communications made through or to the Site's email or other Assets do not constitute legal notice to NYCA, its Board, or any of their respective departments, agencies, divisions, officers, employees, agents, or representatives, with respect to any existing or potential claim or cause of action against any of them, where notice to any of them is required by contract or by any federal, state, or local laws, rules, regulations, or ordinances.
This Site may be used only for authorized and lawful purposes. NYCA provides Assets for its current Members professional and professionally related personal purposes, as well as for information about NYCA's services and resources. Users may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material for other purposes without prior written approval and/or payment of appropriate fees.
Any unauthorized modification of Assets may result in criminal prosecution under federal, state, and local laws.
No User may upload, transmit, distribute, or otherwise publish the following content on the Site in any message or means of communication provided via the Site:
1. Any topic, name, information or materials that are unlawful, abusive, threatening, defamatory, vulgar, pornographic, infringing, fraudulent, indecent or obscene;
2. Any materials that infringe any intellectual property right of any third party;
3. Any materials containing a virus or other component that may damage another's computer;
4. Any contests, surveys, pyramid schemes, chain letters or like activities;
Any use of the Site constitutes consent to any monitoring and auditing by the NYCA Board and its agents. Although the NYCA Board has no obligation to monitor the Site, it reserves in its sole discretion the right to delete, edit, move, refuse to post or take other appropriate action regarding any messages, information or files that it deems objectionable, inappropriate or otherwise in violation of this Agreement.
Any commercial use of NYCA's Assets and web pages is illegal without the NYCA Board's official written permission in advance and/or payment of associated fees.
Framing or other hosting any portion of NYCA's Assets or web pages within any other website requires written permission in advance from the NYCA Board. No part of NYCA's Assets or web pages may appear within a frame, page, or portion of a page on any other website without the NYCA Board's official written permission in advance and/or payment of associated fees.
Harvesting or exploitation of NYCA's Assets by any means whatsoever, for use in other web sites or in any other products, is expressly forbidden.
Users may not harvest or otherwise collect information about others, including email addresses, without their consent.
NYCA disclaims any and all responsibility or liability for any harm resulting from downloading or accessing any material on the Internet.
Every effort has been made to offer the most current, correct, and clearly expressed information possible, but by definition the Member Forum contains information provided by current members of NYCA, and as such this information must be accumulated at the discretion of the User. Although Site content may include inadvertent inaccuracies or typographical errors, NYCA disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or materials displayed in digital form on the Member’s Forum. Nor is NYCA responsible for the deletion, failure to store, misdelivery, or untimely delivery of any information or materials, except as expressly determined by a separate written use agreement and payment of appropriate fees.
NYCA may make changes and improvements to the content of the Site at any time. Nevertheless, NYCA makes no representation or warranty about the accuracy, availability, completeness, reliability, suitability, timeliness, usefulness or validity of the Site or the information contained for any purpose on the Site. The Site and its contents and Assets are provided "as is" without warranty of any kind. NYCA disclaims any and all warranties for any information or advice, goods, or services received through or advertised on any links provided by the Site.
The User downloads or obtains material or data through the NYCA’s Site and Assets entirely at that User's own discretion and risk, and the User is solely responsible for any and all damages to computer systems or loss of data resulting from such downloads.
Users should not rely on any advice received via the Site and servers for personal, commercial, medical, legal or financial decisions. Users should consult appropriate professionals for specific advice on these topics.
Under no circumstances shall NYCA, its employees, officers, agents, trustees or other representatives be liable to any User on account of that User's use or misuse of or reliance on NYCA’s Materials, arising from any and all claims relating to this Agreement.
The User agrees to indemnify and hold harmless NYCA and its directors, officers, employees and agents from and against any and all claims, actions and proceedings and any and all costs, fees (including attorneys fees), expenses, settlements, and judgments that result from the User's breach of this Agreement or the User's access and use of the Site.
Although NYCA may use a computer program to track statistical information about each visitor to the Site, how that visitor came to the Site, and visits to the pages within the Site, no personally identifiable information is gathered by this program. The collected data help NYCA’s Board to develop the Site through analysis of usage and provides a tool for marketing the website to suitable partners whose services may be of interest or use to NYCA’s members.
Above all, NYCA respects the privacy of members using the Site. However, it must be borne in mind by all users that any information submitted to the Member Forum is being posted in a restricted area of a public forum, and NYCA can not be responsible for the dissemination of any information acquired via any breach of the site’s security.
Email messages, online registration forms, and other personal information transmitted over the Internet is not necessarily secure against interception and may be subject to the New York State disclosure requirements or other legal requirements.
NYCA does not represent or warrant the accuracy, reliability, or confidentiality of any communications over the Internet. Users should never post any sensitive or confidential information to the to the NYCA Member Forum.
Currently, or in the future, NYCA may include links within its Site that allow Users to leave the Site to access web sites operated by third parties. Because these other sites are not under the control of NYCA, links from the NYCA Site do not constitute any endorsement by NYCA of the content or opinions expressed on third-party sites. Nor does NYCA represent or warrant the accuracy, reliability or validity of any third-party site. These items are made available only as a member service and for the convenience of the Site's online visitors. Users should review the terms, conditions and privacy policies of those sites, which govern your interactions as a visitor.
NYCA is not responsible for webcasting or any other form of transmission received from any linked site.
Contact the Web Administrator if you have any questions about this Agreement or access to this Site.