Last Modified: 4/1/11
Terms of Service
Welcome to NYMetroParents.com.
NYMetroParents.com is dedicated to providing visitors to this site with a highly interactive and positive experience, while at the same time protecting our rights and the rights of our users. We have developed these terms of service to govern your use of NYMetroParents.com, and we, along with our affiliates, partners and advertisers, provide content and services to you subject to the following conditions. Your use of our site tells us you have read and agreed to these terms of service.
Please read them carefully. These terms of service are a binding contract between you and Davler Media Group LLC, regarding your use of NYMetroParents.com. If you do not agree with any of these terms, please exit NYMetroParents.com.
All of the information, content, services and software displayed on, transmitted through, or used in connection with NYMetroParents.com, including for example directories, guides, news articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and the like (collectively, the "Content"), as well as its selection and arrangement, is owned by Davler Media Group LLC. ("DMG"), and its affiliated companies, licensors and suppliers. DMG actively protects its rights to the Content to the fullest extent of the law. You may not use such material except as provided in these terms of service.
You may use the Content online and solely for your personal, non-commercial use, and you may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such Content. No other use is permitted. You may not, for example, republish the Content on any internet, intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any of the Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content without the written consent of DMG.
Requests to use of the Content for any purpose other than as permitted in this paragraph should be directed to editor@NYMetroParents.com. In certain cases, you may be able to obtain a license to use individual stories that appear on NYMetroParents.com through an online vendor we have specifically designated as authorized to license Content on our behalf. If we have authorized a third-party vendor to grant you a license to any Content, we will tell you that directly in the portion of the Content you may license. If you do not see our express authorization, you should assume no third party has the right to allow you to use the Content.
NYMetroParents.com respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on NYMetroParents.com, please contact us at the address listed below under the heading "Contact Us."
The Content includes logotypes, trademarks and service marks (collectively "Marks") owned by DMG and its affiliated companies, and marks owned by other information providers and third parties. For example, NYMetroParents.com is a trademark of DMG. No marks may be used in any manner unless approved in advance by NYMetroParents.com.
Links to, and frames of, NYMetroParents.com
You may not frame or utilize framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of NYMetroParents.com without our express written consent. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through NYMetroParents.com, not to insert any code or product or manipulate the content of NYMetroParents.com in any way that affects the user's experience, and not to use any data mining, robots, cancelbots, Trojan horse or any data gathering or extraction method in connection with your use of NYMetroParents.com.
Membership and registration
If you become a member of NYMetroParents.com, you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer or assign your membership or any Membership rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access NYMetroParents.com using your name in whole or in part. NYMetroParents.com reserves the right to terminate membership and deny access to the site to any person who violates these terms of service.
NYMetroParents Tix and Picks
Tix and Picks Program. Subject to the terms and conditions herein, you may have the opportunity to participate in the NYMetroParents' Tix and Picks program ("Tix and Picks Program") available at NYMetroParents.com which provides registered members with the chance to receive special offers and access which may include, but not be limited to, (a) events, attractions, products and services, (b) exclusive invites, pre-sale events, advanced access and private showings, (c) discount coupons, free offers, and other miscellaneous savings and promotional opportunities, all as transmitted to you by NYMetroParents.com ("Offers"). Offers will be exclusively available via email correspondence we transmit, however, we reserve the right, in our discretion, to contact you via other means in connection with the fulfillment of, or any announcement regarding, any Third Party Services (as defined herein). All Offers shall (i) be solely available on a first come, first serve basis, (ii) be transmitted only to those registered members of the Ticks and Picks Program that we designate, as determined in our sole and absolute discretion in every instance, and such determination may be based, in part, on certain criteria including, without limitation, the information in your User Account, past transactions and conduct, criteria established by the provider of Third Party Services, location, demographic information, profile information or otherwise, (iii) apply only while supplies or availability last and may expire as applicable to you if not responded to promptly, and (iv) remain subject to all of the limitations, restrictions, disclaimers, terms and conditions set forth herein, including, but not limited to, those promulgated by the providers of the Third Party Services. For the avoidance of doubt, in the event you fail to respond promptly to any Offer, as such promptness may be determined in our sole and absolute discretion, or within the time requirements set forth in Offer and/or the corresponding transmission, said Offer may no longer be available to you.
Buddy Referral Program. As part of your participation in the Tix and Picks Program, you will be automatically entered into the Tix and Picks Buddy Referral Program ("Buddy Referral Program"). The Buddy Referral Program rewards those registered members of the Tix and Picks Program that refer the most individuals to register for the Tix and Picks Program with a variety of special Offers described herein. In order for an individual to be counted as your referred registrant and included as part of your "Buddy Referral Network", said individual must register for the Tix and Picks Program as described below and either (a) provide your email address (exactly as set forth in your User Account) in the "I was referred by" or substantially similar field on the registration page ("First Level Buddy") or (b) provide the correct email address of a First Level Buddy in the "I was referred by" or substantially similar field on the registration page ("Second Level Buddy", and together with the First Level Buddy, collectively, "Buddies"). Those registered members of the Tix and Picks Program that remain in the top 25% with respect to the total number of Buddies among registrants in the Tix and Picks Program shall be deemed "ToP Buddies" and may have the opportunity to receive a variety of special Offers which may include, but not be limited to, advance notice on Offers, special offers, access and invitations, the ability to invite friends to events before the general public announcement, discounts on NYMetroParents events and promotions, and other exclusive offers. NYMetroParents.com reserves the right, in its sole and absolute discretion, to modify or adjust the qualification criteria for "ToP Buddy" status and any other terms and conditions related thereto at any time and in any manner with or without notice to you. For the avoidance of doubt, the term "Tix and Picks Program" as used herein shall include the Buddy Referral Program.
Eligibility; Registration. In order to use the Tix and Picks Program, you must (a) be 18 years of age or older and reside in the continental United States of America (and certain features, aspects and promotional elements of the Tix and Picks Program may be subject to heightened age and/or other eligibility requirements) and (b) provide certain registration information, which may include, without limitation, your email address, password, legal name, physical address, zip code, phone number(s), demographic information, etc. ("User Account"). You represent and warrant that (i) all registration and account information you submit is truthful and accurate and you shall maintain and promptly update the accuracy of such information, (ii) you shall be responsible for maintaining the strict confidentiality of your User Account, and you shall be responsible and liable for any access to or use of the Tix and Picks Program by you or any person or entity using your User Account, whether or not such access or use has been authorized by you or on your behalf. It is therefore critical that you do not share your User Account with anyone. We reserve the right to deny access, use and registration privileges to any user of the Tix and Picks Program if we believe there is a question about the identity of the person trying to access any account or element of the Tix and Picks Program. Neither the DMG nor NYMetroParents.com shall be responsible or liable for any loss or damage arising from your failure to comply with these terms of service. You may terminate your registration for the Tix and Picks Program by following the specific instructions included in any email correspondence sent in connection therewith, if available, or by emailing us at unsubscribeTP@davlermedia.com, detailing your exact request. Please note that such requests may not take effect immediately and may take a reasonable amount of time to receive, process and apply, during which time you may remain enrolled in the Tix and Picks Program.
Availability; Disclaimer. NYMetroParents.com reserves the right to cancel, suspend or terminate the Tix and Picks Program (in whole or in part) and your use of and registration therefor, and may refuse any and all current or future use of Tix and Picks Program (or any portion thereof), in its sole discretion, with or without notice to you, and without liability or obligation to you. You acknowledge that NYMetroParents.com may add, delete or disable Content, and/or add, delete, disable or modify some or all of Tix and Picks Program, at its sole election, and you acknowledge: (a) that you may no longer be able to use the Tix and Picks Program to the same extent, or at all, as prior to such change or discontinuation, and (b) that neither DMG nor NYMetroParents.com shall have any obligation or liability to you in such case. NYMetroParents.com may also impose limits on the use of or access to certain features or portions of the Tix and Picks Program, in any case and without notice or liability to you. By way of example, and not limitation, not all users of the Tix and Picks Program, depending upon your geographic location and other factors, will have access to all aspects, functionality, features of the Tix and Picks Program, including, but not limited to, certain Third Party Services and Offers. You further understand and acknowledge that the Tix and Picks Program and any messages, transmissions or correspondence in connection therewith may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that neither DMG nor NYMetroParents.com assume any liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or for any failure or delay associated with the Tix and Picks Program and you are hereby expressly advised not to rely upon the timeliness or performance of the Tix and Picks Program or the Third Party Services for any transactions.
By placing material on, or communicating with, NYMetroParents.com, including for example communication during registration, communication on any NYMetroParents.com bulletin board or message or chat area, posting any resume or photograph, entering any sweepstakes, etc., you represent and warrant that you own or otherwise control all of the rights to the content that you provide, that the content is accurate, that it does not violate these terms of service, and that it will not cause injury to any person or entity. You grant DMG, its affiliates and related entities, including NYMetroParents.com, a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all information you provide to us, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize DMG to include the information you provide in a searchable format that may be accessed by users of NYMetroParents.com and other DMG web sites. You also grant DMG and its affiliates and related entities the right to use your name and any other information about you that you provide in connection with its use and with the reproduction or distribution of such material, and also grant DMG the right to use any material, information, ideas, concepts, know-how or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
Please note that NYMetroParents.com does not accept unsolicited materials or ideas for use or publication.
NYMetroParents.com is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to NYMetroParents.com.
Other specifics about interactive areas (message boards, chat areas, etc.)
NYMetroParents.com bulletin boards, chat rooms and other such interactive areas are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information. Given the nature of NYMetroParents.com and the volume of messages and postings, NYMetroParents.com cannot and does not monitor all of the material posted or transmitted by users and third party information providers. To protect your safety, please use your best judgment when using these forums. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. NYMetroParents.com reserves the right to delete, move or edit any communications at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.
Interactive areas, discussion boards, chat rooms, etc., are intended to encourage public debate. We expect people to differ -- judgment and opinion are subjective things -- and we encourage freedom of speech and a marketplace of ideas. But by using these areas of NYMetroParents.com, you are participating in a community that is intended for all our users. Therefore, we reserve the right to remove any content posted on our site at any time for any reason. Decisions as to whether content violates any posting rule will be made by NYMetroParents.com in its discretion after we have actual notice of such posting. Without limiting our right to remove content, we have attempted to provide guidelines to those posting content on our site. When using NYMetroParents.com, please do not post material that:
contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate.
is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity.
violates any right of NYMetroParents.com or any third party.
discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law.
violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation.
unfairly interferes with any third party's uninterrupted use and enjoyment of NYMetroParents.com.
advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose.
uploads copyrighted or other proprietary material of any kind on NYMetroParents.com without the express permission of the owner of that material.
uses or attempt to use another's account, password, service or system except as expressly permitted by the terms of service.
includes images, photos, articles or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability.
uploads or transmits viruses or other harmful, disruptive or destructive files.
disrupts, interferes with, or otherwise harms or violates the security of NYMetroParents.com, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through NYMetroParents.com or affiliated or linked sites.
"flames" any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.
WARNING: A VIOLATION OF THE FOREGOING GUIDELINES MAY BE REFERRED TO LAW ENFORCEMENT AUTHORITIES.
Communications with third parties through NYMetroParents.com
Your dealings or communications through NYMetroParents.com with any party other than NYMetroParents.com are solely between you and that third party. For example, certain areas of NYMetroParents.com may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will NYMetroParents.com be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
General disclaimer and limitation of liability
While NYMetroParents.com uses reasonable efforts to include accurate and up-to-date information, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. NYMetroParents.com does not represent or warrant that use of any Content, when authorized, will not infringe rights of third parties. In addition, in some cases, Content available on NYMetroParents.com may be provided and/or hosted by third parties. NYMetroParents.com has not reviewed all of the sites linked to NYMetroParents.com and is not responsible for the content of any off-site pages or links to or from any other sites. While NYMetroParents.com encourages such third parties to abide by these terms of service, NYMetroParents.com has no responsibility for actions of third parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF NYMetroParents.com IS AT YOUR OWN RISK. ALL CONTENT AVAILABLE THROUGH NYMetroParents.com IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER DMG, NOR ANY OF ITS AFFILIATED OR RELATED COMPANIES, OR ANY OF ITS OR THEIR EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS, MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING NYMetroParents.com, THE CONTENT, ANY ADVERTISING MATERIAL, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF SUCH SERVICES OR SITES. NYMetroParents.com MAKES NO WARRANTY THAT NYMetroParents.com WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT NYMetroParents.com OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE FILES.
NYMetroParents.com CONTAINS FACTS, VIEWS, OPINIONS, STATEMENTS AND RECOMMENDATIONS OF THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS. NYMetroParents.com DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE NYMetroParents.com. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT OR INFORMATION IS AT YOUR SOLE RISK.
NYMetroParents.com AND DMG SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES REGARDING NYMetroParents.com OR ANY CONTENT, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH NYMetroParents.com, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR CONTENT OF ANY INFORMATION, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH NYMetroParents.com. NYMetroParents.com ASSUMES NO RESPONSIBILITY, AND IS NOT LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN, NYMetroParents.com OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM NYMetroParents.com.
IN NO EVENT SHALL NYMetroParents.com OR DMG, OR EITHER OF THEIR AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NYMetroParents.com OR DMG, OR EITHER OF THEIR AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, NYMetroParents.com AND DMG, EACH OF THEIR PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (A) YOUR USE OF NYMetroParents.com; (B) NYMetroParents.com'S USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS OUR USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (C) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (D) ANY VIOLATION OF THIS AGREEMENT BY YOU.
NYMetroParents.com is controlled, operated and administered by DMG from its offices within the United States. NYMetroParents.com makes no representation that materials or Content available through NYMetroParents.com are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use NYMetroParents.com or export the Content in violation of U.S. export laws and regulations. If you access NYMetroParents.com from a location outside the United States, you are responsible for compliance with all local laws.
All real estate advertised herein is subject to the Federal Fair Housing Act, which makes it illegal to advertise any preference, limitations, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation or discrimination. We will not knowingly accept any advertising for real estate which is in violation of the law. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis. federal and state law make it unlawful for employers and employment agencies to advertise prospective employment where the job is limited as to age, race, creed, religion, color, national origin, sex, disability, genetic disposition, or career status, or marital status, unless based upon a bona fide occupational qualification. Davler Media Group does not knowingly accept advertising in violation of these laws. When you suspect employment discrimination, call the NYC Commission on Human Rights Hotline at 212-306-7500.
DMG reserves the right to change these terms of service at any time in its discretion and to notify users of any such changes solely by changing these terms of service. Your continued use of NYMetroParents.com after the posting of any amended terms of service shall constitute your agreement to be bound by any such changes. Please note that your use of this site prior to the time this terms of service was posted will be governed according to the terms of service that applied at the time of your use.
DMG may modify, suspend, discontinue or restrict the use of any portion of NYMetroParents.com, including the availability of any portion of the Content at any time, without notice or liability. DMG may deny access to any person or user at any time for any reason. In addition, DMG (or NYMetroParents.com) may at any time transfer its rights and obligations under this Agreement to any Davler Media Group LLC affiliate, subsidiary or business unit, or any of their affiliated companies or divisions, or any entity that acquires DMG, NYMetroParents.com or any of their assets.
These terms of service will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to NYMetroParents.com must be filed in a federal or state court located in New York, New York, within two months of the time in which the events giving rise to such claim began, or you agree to waive such claim. If for any reason any provision of this agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of the agreement shall continue in full force and effect. Any failure of NYMetroParents.com to enforce or exercise any provision of this agreement or related right shall not constitute a waiver of that right or provision. The section titles used in this agreement are purely for convenience and carry with them no legal or contractual effect. In the event of termination of this agreement for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, the license(s) you have granted to NYMetroParents.com, and all other provisions for which survival is equitable or appropriate.
To contact NYMetroParents.com, please use the following: NYMetroParents.com, Davler Media Group - 1440 Broadway, Suite 501, New York, New York 10018 - (212) 315-0800