A. Use of the Website
If you do not agree to all of the terms and conditions in these Terms, you do not have permission to access the Site and we would ask that you please stop using the Site immediately. We recommend you print or keep a digital copy of these Terms for future reference.
B. Changes to the Terms
We reserve the right, in our sole discretion and at any time, to change, modify, or amend any provisions of the Terms or policies and guidelines governing your use of the Site. Any such changes or modifications will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of such changes or modifications constitutes your acceptance thereof. Therefore, you should frequently review these Terms and all applicable policies or guidelines on the Site in order to understand the terms and conditions applicable to your use of the Site. If you do not agree to any changes or modifications to these Terms or to any applicable policies or guidelines on the Site, your sole recourse is to stop using the Site.
C. Form Submission
When you submit your details to us via the forms on the Site, you warrant that all the details you supply, including without limitation, your name and e-mail address, are accurate, that you are authorized to use the email address that you provide and that you are at least thirteen (13) years old.
If you are below the age of thirteen 13, please obtain the permission of your parent or guardian before using the Site. We have no intention of collecting any personal information from individuals below the age of thirteen (13) without informed parental consent. Parents are encouraged to review their children’s email and internet activities to ensure that the Site is being used in accordance with these Terms.
D. External Links Disclaimer
The Site contains links to third-party websites that are not operated or controlled by Nylon. Use of these links to access other websites is at your own risk. Nylon does not monitor or have control over, and makes no claims for the accuracy, reliability, or quality of any information or services provided or products sold at these websites. Nylon establishes links to other websites for the convenience of its users; however, such links are not intended to be endorsements of the other websites. When you leave the Site, our Terms no longer govern. You should review all applicable terms and policies, including privacy and data gathering policies, of any third-party websites, and should make whatever investigation you feel is appropriate before proceeding with any transaction with any third party.
E. Nylon Intellectual Property
The Site, and all content and other materials on the Site, including, but not limited to, the Nylon logo and design, text, graphics, logos, icons, images, photographs, audio clips, video clips, digital downloads, software and the selection, as well as any emails or documents prepared and/or sent to you by Nylon, and arrangement thereof (collectively, the “Materials”) are our property and are protected by United States and international copyright, trademark, and other intellectual property laws.
Nylon, the Nylon logo, and any other product, service name, or slogan contained in the Site are trademarks of Nylon, and may not be copied, imitated or used, in whole or in part, without our prior written consent. Additionally, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Nylon and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners.
F. License and Restrictions
We grant you a limited, non-sub-licensable, non-exclusive and revocable license to access and make use of the Site and the Materials, solely in accordance with and subject to these Terms and any other applicable policies or guidelines contained on the Site. Except as otherwise expressly permitted by these Terms, you may not do any of the following: (i) collect, use, copy or distribute any portion of the Site or the Materials, except as permitted through social media links that may be provided on the Site; (ii) resell, publicly perform or publicly display any portion of the Site or the Materials; (iii) modify or otherwise make any derivative uses of any portion of the Site or the Materials; (iv) use any "deep-link," "page-scrape," "robot," "spider" or other automatic device, program, algorithm or methodology which perform similar functions to access, acquire, copy, or monitor any portion of the Site; (v) use the Site in a manner which results in the depletion of Web site infrastructural resources; (vi) download (other than page caching) any portion of the Site, the Materials or any information contained therein; or (vii) use the Site or the Materials other than for their intended purposes.
You acknowledge and agree that you will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging the validity or ownership of the Materials, or take any action whatsoever in derogation of Nylon’s rights therein. You acknowledge and agree that you will not acquire or claim any rights in the Materials, or aid or abet anyone else in doing so.
By using the Site, you represent, warrant, acknowledge and agree to the following:
- a) Your use of the Site is in accordance with and does not violate these Terms;
- b) Any and all information you provide to us is truthful and accurate;
- c) You will not use the Site in any manner that may:
- i. Violate or infringe upon the rights of any third party, including, without limitation, any copyright, trademark, privacy, moral rights, contracts, or other personal or proprietary rights;
- ii. Cause injury of any kind to any person or entity, including, but not limited to, any slander, libel or defamation; and
- iii. Violate or encourage others to violate any applicable local, state, national, and international laws, rules, or regulations.
You agree to indemnify, hold harmless, and defend (if requested by Nylon) Nylon and Nylon’s parents, subsidiaries, partners, principals, members, officers, employees, representatives, contractors, and assigns from and against any and all third-party claims, liabilities, deficiencies, judgments, awards, settlements, damages, losses, fines, injuries, penalties, fees, costs and expenses (including reasonable attorney’s fees and expenses in connection with (a) your use of any Site or activities in connection with any Site; (b) your breach of these Terms; (c) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (d) information or material transmitted through your computer or other device used to access a Site, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (e) any misrepresentation made by you; or (g) our use of your information. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Nylon.
By accessing the Site, you agree to not hold Nylon, any party involved in maintaining the Site, and any of Nylon’s officer, directors, employees, or agents, liable or responsible for the following:
- a) Any third party websites linked to the Site, or the material on such third party websites, including, but not limited to loss or damage to due computer viruses or malware;
- b) Loss of profit, loss of business opportunity, or any other indirect, punitive, or consequential loss.
Nylon does not warrant that any of the features contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site’s server is free of viruses or malware. You are responsible for configuring your information technology and platform to access the Site, and should use your own virus protection software.
Nylon may assign or transfer any of the rights, duties, or obligations contained in these Terms without your consent, provided that said assignee shall assume all of Nylon’s obligations thereunder.
If any provisions of these Terms are found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not impair, affect, or render invalid or unenforceable any other provision of these Terms, and such invalid or unenforceable provision shall be replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provision.
Any failure by Nylon to enforce any provision contained in these Terms will not be construed as a waiver by Nylon of its right to enforce that provision or any other provision of these Terms, and will not operate as an amendment to these Terms.
M. Headings and Construction
The headings in these Terms are purely for convenience and are not to be used as an aid in interpretation.
N. Jurisdiction and Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of New York, without regard to the principles of conflicts of law. Any action or claim brought under these Terms or for any matter arising out of or in any way relating to this Site shall be heard in and venue shall be located in New York County in the State of New York.
O. Entire Agreement
These Terms and the policies and guidelines incorporated by reference constitute the entire agreement of the Parties in connection with the use of the Site. It is expressly warranted by you that no promises or inducements have been offered to you except those set forth in these Terms.
P. Reports and Additional Information
If there is any additional information you would like regarding these Terms, or you believe there is a violation of these Terms and you would like to report it to us, please direct the information to firstname.lastname@example.org or 110 Greene Street Suite 100, NY, NY 10012. Reports of violations you submit to us, including your identity, may not be kept confidential. In response to your report, we may take actions in accordance with these Terms or other applicable agreements between us and the alleged violator of the Terms, and may pursue other remedies available under all applicable local, state, federal or international laws, regulations, rules, orders and other requirements, now or hereafter in effect. However, we are under no obligation to respond to any reports we receive. Please note that a personal reply to reports you submit to us may not always be possible.