Terms & Conditions

NY ON AIR WEBSITE TERMS AND CONDITIONS OF USE

Last Updated:  January 2016

PLEASE READ THESE WEBSITE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE.

Acceptance of Terms
BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN (AS MAY BE AMENDED FROM TIME TO TIME BY NY ON AIR LIMITED LIABILITY COMPANY (“NY ON AIR”)) AND BY ALL OF THE TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE IN THESE WEBSITE TERMS AND CONDITIONS (COLLECTIVELY, THE “TERMS OF USE”).  IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS OF USE, DO NOT ACCESS OR USE THIS WEBSITE.

These Terms of Use apply to your access and use of this website (the “Site”).  By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Terms of Use.  If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Terms of Use on behalf of such entity behalf, and that such entity agrees to indemnify and hold harmless NY On Air (and its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors) from and against any and all claims, damages, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees and disbursements) incurred or suffered by NY On Air arising out of, resulting from or otherwise related to violations of these Terms of Use.

NY On Air reserves the right to change these Terms of Use at any time and from time to time in its sole and absolute discretion.  When NY On Air makes changes to these Terms of Use, we will revise the “last updated” month and year at the top of these Terms of Use.  Any such changes will be effective immediately upon posting on the Site.  You acknowledge and agree that your continued access and/or use of this Site following the posting of such changes constitutes your acceptance of any and all such changes.  Your access and use of the Site will be subject to the then current version of the Terms of Use, including the terms, policies and guidelines incorporated by reference at the time of such use.  We encourage you to regularly click on the “Terms of Use” link on the Home Page of nyonair.com to review the then current Terms of Use.

These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with NY On Air, its subsidiaries or affiliates.

Restriction and Termination of Use

Notwithstanding anything contained in these Terms of Use to the contrary, NY On Air reserves the right, without notice and in its sole and absolute discretion, to terminate your account and/or to block, restrict, disable or suspend your access to or use of all or part of the Site, without liability to you.
In accordance with the Digital Millennium Copyright Act and other applicable laws, NY On Air has adopted a policy of terminating, in appropriate circumstances and at NY On Air’s sole and absolute discretion, account holders who infringe the intellectual property rights of NY On Air or any third party.

Without limiting the foregoing, if you breach any of the Terms of Use, your license to access and/or use this Site will automatically terminate.

Registration Data and Account Security

In consideration of your use of the Site, you agree to: (i) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data“); (ii) maintain and promptly update the Registration Data, and any other information you provide to NY On Air, to keep it accurate, current and complete; (iii) maintain the security of your password and identification; (iv) notify NY On Air immediately of any unauthorized use of your account or other breach of security; (v) accept all responsibility for any and all activities that occur under your account; and (vi) accept all risks of unauthorized access to the Registration Data and any other information you provide to Company.
Privacy Policy

NY On Air will use and protect your personal information, such as your name and address, in accordance with the NY On Air Privacy Policy, the contents of which are incorporated by reference into these Terms of use.  Please refer to our Privacy Policy for information on how we collect, use and disclose personal information.

Ownership of the Site and its Contents

This Site is owned by NY On Air.  Unless otherwise set forth herein, all of the content on this Site, including, without limitation, photographic, moving and other images, text, graphics, data, sound, illustrations, software, and the selection and arrangement thereof (collectively, “NY On Air Content“), is owned by NY On Air, its licensors or its third-party information or content providers.  All elements of the Site, including the NY On Air Content, are protected by copyright, trademark, patent, trade dress, trade secret, moral rights and other laws and treaties relating to the protection of intellectual property (collectively, “IP Laws”).

Use of the Site

This Site and the NY On Air Content are intended only for customers of NY On Air.  Certain NY On Air Content will only be made available to users who pay NY On Air a fee for such NY On Air Content and/or enter into a subscription agreement or other use agreement for that particular NY On Air Content.  Unless you enter into a subscription agreement with New York On Air you may not download, distribute, display and/or copy any New York On Air Content.  See License Terms.

Except as expressly provided herein or in the License Terms, NY On Air does not grant any express or implied permission to use any NY On Air Content.  Without limiting the foregoing, and except as expressly provided herein or in the License Terms, you agree not to download, copy, republish, transmit, re-transmit, frame (or use similar navigational technology in connection with), link to, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, license, sublicense, distribute, display or reverse engineer the Site or any of the NY On Air Content.  You agree not to use any data mining, robots or similar data and/or image gathering or extraction methods in connection with the Site or the NY On Air Content. You also agree not to register, subscribe, unsubscribe, or attempt to register, subscribe or unsubscribe any third party for any NY On Air product or service if you are not expressly authorized by such party to do so.

Any unauthorized use of any NY On Air Content may violate these Terms of Use and applicable laws, including, without limitation, IP Laws, the laws of privacy and publicity, and applicable communications regulations and statutes.  You covenant and agree that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.

Copyright Complaints

If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement as set forth below:

NY On Air Legal Department
1370 Bridport Drive
Toms River, New Jersey08755
E-mail: legal@nyonair.com

We may give notice of a claim of copyright infringement by means of a general notice on the Site, electronic mail to a user’s e-mail address, or by written communication sent by first-class mail to a user’s address.

Trademarks

For the purposes of these Terms of Use, the term, “Trademarks” means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by NY On Air.  The Trademarks used on the Site are trademarks of NY On Air, its licensors or its third party information and content providers.  Nothing herein grants or shall be construed to grant you any rights to use any Trademark, unless expressly conferred by these Terms of Use or the License Terms.

Without limiting the foregoing, you agree that you will not:

  • use any NY On Air Trademark in any manner that might tarnish, disparage, or reflect adversely on such Trademark or NY On Air;
  • contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any third party to contest or challenge the validity of any NY On Air Trademark or the Trademark rights claimed by NY On Air;
  • use any NY On Air Trademark or any variant thereof (including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data;
  • adopt or use any word or mark which is similar to or likely to be confused with the NY On Air Trademarks;
  • copy, imitate or use, in whole or in part, the look and feel of the Site, including all page headers, custom graphics, button icons, and scripts, all of which are the trade dress and/or trademark or service mark of NY On Air without the express written permission of NY On Air; or
  • use a NY On Air Trademark, image or other proprietary graphic to link to the Site without the express written permission of NY On Air.

Links

You agree not to frame any Trademark or NY On Air Content or hotlink to the Site, without the express written permission of NY On Air.

In the event NY On Air provides links from the Site to any third party website, or permits any third party to link from its website to the Site, NY On Air makes no warranty of any kind, express, implied, statutory or otherwise, and accepts no responsibility for any content or practices of such third parties or third party websites.  Such websites are not under the control of NY On Air and NY On Air provides and/or permits these links only as a convenience to you.
When you leave the Site, you should be aware that our terms and policies no longer govern.  You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
The inclusion of any such link, or the reference on the Site to any third party products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply any affiliation, endorsement, sponsorship or recommendation thereof by NY On Air.

Your participation, correspondence or business dealings with any third party found on or through the Site, including, without limitation, the payment and delivery of goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party.  You agree that NY On Air shall not be responsible for any claim, damage, loss, liability, cost or expense incurred or suffered by you arising out of, resulting from or otherwise relating to any such dealings.

Indemnification
You agree to defend, indemnify and hold harmless NY On Air, its subsidiaries, affiliates, licensors, employees, agents, third party information and content providers and independent contractors from and against any and all claims, damages, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees and disbursements) arising out of, resulting from or otherwise related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Terms of Use or of any representation or warranty contained herein, your unauthorized use of the NY On Air Content, or your violation of any rights of a third party.

Warranties and Disclaimers
THIS SITE AND THE NY ON AIR CONTENT AND OTHER PRODUCTS AND SERVICES PROVIDED BY NY ON AIR UNDER THESE TERMS OF USE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, NY ON AIR AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, THIRD PARTY INFORMATION AND CONTENT PROVIDERS AND INDEPENDENT CONTRACTORS, AND ITS AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HEREBY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY WARRANTY, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND FURTHER MAKE NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) ACCESS TO THE SITE WILL BE UNINTERRUPTED, (III) THE QUALITY OF THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (IV) THE SITE, THE NEW YORK ON AIR CONTENT, AND THE PRODUCTS AND SERVICES PROVIDED BY NY ON AIR ARE WITHOUT ERROR OR DEFECT OR THAT ANY ERROR OR DEFECTS WILL BE CORRECTED, AND (V) THE INFORMATION CONTAINED IN ANY SEARCH INDEX OR DIRECTORY NY ON AIR MAY HAVE, OR IN ANY SEARCH RESULT USING NY ON AIR’S SEARCH FEATURE, IS COMPLETE OR ACCURATE.
NY ON AIR ALSO MAKES NO WARRANTY THAT THE SITE OR THE NY ON AIR CONTENT IS FREE FROM INFECTION BY VIRUSES OR OTHER ITEMS THAT HAVE CONTAMINATING OR DESTRUCTIVE PROPERTIES.
YOU, and NOT NY ON AIR, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR THE NY ON AIR CONTENT.
CERTAIN STATES IN THE UNITED STATES AND CERTAIN FOREIGN COUNTRIES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIABILITY FOR CERTAIN CATEGORIES OF DAMAGES. AS A RESULT, SOME OR ALL OF THE LIMITATIONS SET FORTH ABOVE MANY NOT APPLY TO YOU TO THE EXTENT THEY ARE PROHIBITED OR SUPERSEDED BY APPLICABLE STATE, FEDERAL, OR FOREIGN PROVISIONS.

Limitation of Liability

NY ON AIR, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, THIRD PARTY INFORMATION AND CONTENT PROVIDERS AND INDEPENDENT CONTRACTORS, AND ITS AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, SHALL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DAMAGES DUE TO LOSS OF USE, LOSS OF REVENUE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED) OR OTHERWISE, ARISING OUT OF, RESULTING FROM OR OTHERWISE RELATED TO OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, NY ON AIR CONTENT OR THE OTHER PRODUCTS OR SERVICES OF NY ON AIR OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY YOU OR ANY OTHER USER ON ANY INFORMATION OBTAINED FROM THIS SITE OR OTHERWISE FROM NY ON AIR, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURES, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO NY ON AIR CONTENT OR ANY OTHER NEW YORK ON AIR PRODUCTS OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF NY ON AIR, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR UNDER ANY OTHER THEORY, ARISING OUT OF, RESULTING FROM OR OTHERWISE RELATING TO OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO NY ON AIR FOR ACCESS TO OR USE OF THE SITE.

Applicable Law and Dispute Resolution

These Terms of Use (and any and all claims arising out of or resulting from these Terms of Use) will be governed by and construed in accordance with the substantive laws of the State of New Jersey, without regard to the conflict of laws principles thereof.

Any dispute relating in any way to your use of the Site or the NY On Air Content shall be submitted to binding arbitration before a single arbitrator in New York, New York under the Streamlined Arbitration Rules and Procedures of JAMS (and under the auspices of JAMS).  The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.  To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the Terms of Use, whether through class arbitration proceedings or otherwise.

Notwithstanding the foregoing, if you have in any manner violated or threatened to violate NY On Air’s intellectual property rights, NY On Air may seek injunctive or other appropriate relief in any state, federal or foreign court in the State of New Jersey or the State of New York, and you consent to exclusive jurisdiction and venue in such courts.

You agree that service of process in any arbitration, injunctive action or other proceeding arising out of, resulting from or otherwise relating to these Terms of Use may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to you, NY On Air or any other party, as the case may be. Notwithstanding the foregoing, the right to effect service of process in any other manner permitted by law shall not be affected.

Miscellaneous Provisions

These Terms of Use shall be construed neither against nor in favor or any party, but rather in accordance with the fair meaning of the language herein.

Any waiver of any term or condition of these Terms of Use will be effective only if in writing and signed by NY On Air.

If any term or condition in these Terms of Use is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect.

Any rights not expressly granted herein are reserved by NY On Air.

Questions and Contact Information
Questions or comments about the Site may be directed to NY On Air at support@nyonair.com or by calling 844-877-0003.  Questions or comments about the Terms of Use may be directed to NY On Air at support@nyonair.com or by calling 844-877-0003.