Terms of Use

TERMS AND CONDITIONS OF USE

By using this website (”Website”), at www.nymichael.com, you agree to these Terms and Conditions (”Terms and Conditions”). We may, in our sole discretion and at any time, modify, change, add or remove portions of the Terms and Conditions, and we are under no obligation to notify you of such changes. By using this Website after we have made any changes thereto, you agree to accept the modified Terms and Conditions, whether you have reviewed them or not. If you don’t agree to these Terms and Conditions, you shouldn’t use the Website.

Definitions: This Website is owned by nymichael.com (”Owner”). Owner and its affiliates are referred to collectively herein as “we”, “us,” or “our.” “Affiliates” means any entity or person directly or indirectly owning a controlling interest in, or owned by, Owner, and/or any of Owner’s contractors or vendors providing services to the Website.

1. In General. By using this Website, you agree to be bound by these Terms and Conditions, just as though you had executed this agreement. We may, in our sole discretion and without prior notice or liability, discontinue, modify or alter any aspect of the Website, including restricting or terminating your access thereto. You further agree that we shall not be liable to you or any third party for any termination of your access to our use of the Website.

2. Intellectual Property: Use of Materials. Unless otherwise noted, we grant you a non-transferable, non-exclusive and limited right to display and access this Website and its contents for your personal and noncommercial use; provided, however, that you comply with these Terms and Conditions. You acknowledge that the Website contains information, data, software, photographs, graphics, videos, text, images, typefaces, sounds, questions, creative suggestions, messages, comments, feedback, articles and other material (collectively “Content”) protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing nor or hereinafter developed. Our commercial business partners, suppliers, advertisers, sponsors, licensors, contractors, and other third parties may also have additional proprietary rights in the Content made available on the Website. The Content is copyrighted as a collective work under the copyright laws of the United States (and if applicable, similar foreign laws). All trademarks and service marks appearing on the Website belong to Owner or its Affiliates or business partners. All other trademarks and service marks on the Website are the property of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works from, or in any way exploit any of the Content, in whole or in part, without the prior express written consent of the owner of said Content, whether said owner is us, one of our Affiliates or a third party as set forth above.

3. Submissions: If you send, transmit, post, email, or otherwise convey to us, whether at our request or not, information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles, stories about yourself or your experiences, or other materials of any kind whatsoever, including but not limited to postings to chat and bulletin boards (collectively the “Submissions”), said Submissions will be deemed, and shall remain, our property; and except as set forth in our Privacy Policy, none of the Submissions shall be subject to any obligation of confidence on our part, nor shall we be liable for the use or disclosure of any Submissions. Without limitation of the foregoing, you grant us and our successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name in conjunction therewith) worldwide. You also grant us and our successors and assigns the right to incorporate Submissions in other works in any form, medium, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively “Rights”) that may exist in such Submissions. You also warrant that any third party h older of any Rights, including moral rights in such Submissions, has validly and irrevocably granted to you the right to grant the licenses stated above. You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise.

4. Disclaimers of Warranties. WE AND OUR AFFILIATES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, OR CORRECT SEQUENCING OF ANY INFORMATION ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO INFORMATION CREATED BY US AND OUR AFFILIATES, OR GATHERED BY US AND OUR AFFILIATES FROM PUBLICLY AVAILABLE SOURCES. ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL. THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. NEITHER WE NOR ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THIS WEBSITE OR ANY FUNCTION CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS CONTAINED IN THIS WEBSITE WITH RESPECT TO THEIR CORRECTNESS, RELIABILITY, ACCURACY, OR OTHERWISE.

5. Limitation of Liability. WE AND OUR AFFILIATES, AND ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RESULTING FROM YOUR INABILITY TO USE THIS WEBSITE; THE USE OF ANY CONTENT ON THIS WEBSITE OR WEBSITES LINKED HERETO; ANY UNAUTHORIZED ACCESS TO OR CHANGES MADE TO YOUR DATA; THE COST OF YOUR PROCURING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED FROM THIS WEBSITE; OR ANY OTHER MATTER RELATING TO THIS WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER ARISING IN TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), CONTRACT OR ANY OTHER CAUSE OF ACTION) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEBSITE DURING THE MONTH PRIOR TO THE DATE ON WHICH THE CLAIM WAS FILED. IN THE EVENT THAT YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY PORTION THEREOF, OR CHOOSE NOT TO COMPLY WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE CEASING TO ACCESS AND USE THIS WEBSITE.

6. Privacy Policy. We and our Affiliates are concerned about protecting your privacy and the security of personal data you may submit to this Website. To view our Privacy Policy, please click here. The terms of this Privacy Policy are incorporated into these Terms and Conditions by reference.

7. Links. These Terms and Conditions govern your use of this Website, and not your use of sites operated by third parties to which this Website may be linked. We or our Affiliates may provide links to other sites on the World Wide Web. You agree that we are not responsible for the availability of such sites, and that our linking thereto does not constitute endorsement of or responsibility for any content, advertising, products or other material or available on or through such sites. You also agree that we will be under no circumstances responsible or liable, directly or otherwise, for any loss or damage that is caused or alleged to have been caused to you in relation to your use of or reliance upon, any products, advertisements, content or other material available on any other site, regardless of whether we link thereto, whether directly or indirectly.

8. Third Party Products and Services. You may order merchandise or other products or services through this Website from third party sellers. Responsibility for services, merchandise and products ordered from such sellers, including but not limited to, purchase terms, warranties, limitations of liability, guarantees, payment terms, customer service and delivery rests with these third party sellers, and we and our Affiliates make no warranties or representations in regard thereto. You will not regard us as a party to such transactions, whether or not we have received some revenue or remuneration relating to these third party transactions; and we will have no liability for any costs or damages to you or anyone else arising out of such transactions, either directly or indirectly.

9. Indemnification. You agree to indemnify, hold harmless, and, at our option, defend us and our Affiliates, and our and their officers, directors, employees, stockholders, agents, contractors and representatives from and against any and all third party claims, liability, damages and/or costs (including, but not limited to, reasonable attorney’s fees and expenses) arising from your improper use of this Website or our products or offerings, your violation of these Terms and Conditions, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.

10. Copyright Complaints:
Please note that we own, protect and enforce copyright and other rights in its proprietary intellectual property, and respect the intellectual property rights of others. Materials may be made available on the Website by third parties not within our control. It is our policy not to permit materials known by us to be infringing to remain on the Website. Please notify us promptly if you believe any materials on the Website to infringe on the intellectual property rights of another. Upon our receipt of a proper notice of claimed infringement under the Digital Millennium Copyright Act (”DMCA”), we will respond expeditiously to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. Notice of alleged infringement should be sent to musicomcorp@aol.com with “Copyright Infringement” in the subject line; or you may contact Customer Service, at 2545 E. Sunrise Blvd, 207, Fort Lauderdale, FL 33304.

12. Governing Law. These Terms and Conditions shall be governed by the laws of the State of New York, without giving effect to any principles of conflicts of laws. By using or accessing this Website, you agree that any action at law or in equity arising out of or relating to your use of this Website or these Terms and Conditions will be filed only in the state or federal courts in the State of New York, County of New York, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

13. Miscellaneous Terms.
a. Legal Fees: In any action against us arising from the use of this Website, we will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs and reasonable attorney’s fees and expenses.
b. Severability: If any provision of these Terms and Conditions should be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable from these Terms and Conditions, and shall not affect the enforceability of any remaining provisions.
c. Assignment: We may assign our rights and obligations hereunder, and these Terms and Conditions will inure to the benefit of our successors, assigns, and licensees. You may not assign your rights and obligations hereunder without our prior express written consent.
d. Waiver: The failure of either party hereto to insist upon or enforce the strict performance of the other party with respect to any provision hereof, or the failure to exercise any right under these Terms and Conditions, shall not be construed as a waiver of said right (s), and the party’s right to assert or rely upon any such provision in that or any other similar instance shall remain in full force and effect.
e. Entire Agreement: These Terms and Conditions, together with the Privacy Policy, constitute the entire agreement between you and us relating to the subject matter hereof. In the event of any conflict between these Terms and Conditions and any other Agreement or Terms and Conditions governing product purchases in third party sites to which the Website may be linked, these Terms and Conditions shall control.

Copyright © nymichael.com. All rights reserved. All Trademarks, Product Data, Logos, etc are the property of their respective owners.