Terms and Conditions
Welcome to www.theguide.art (the "Website").
These Terms and Conditions ("Agreement") are a legal agreement that explain the terms and conditions that all visitors, users, clients and customers ("You", or "Your") must comply with when using the Website. By using the Website, You agree to abide by all of the terms and conditions in this Agreement.
These Terms and Conditions outline the rules and regulations for the use of www.theguide.art.
PLEASE READ THIS AGREEMENT CAREFULLY: By using or accessing the Website, You confirm that You have read and agreed to be bound by this Agreement. If You do not agree with this Agreement, You cannot use or access the Website.
These Terms and conditions are governed by the law of Kings County, New York, USA
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all agreements:
"Content" is the information displayed at the Website including without limitation text, data, code, images, photographs, graphics, software, designs and any other materials that are available at the Website.
"Party" refer to either You, or Us, or any other party to this Agreement. "Parties" refer to both You and Us.
2. User Rights and Responsibility
2.1 Acceptable use
- Neighborhood Productions LLC. will not be held liable should the website be unavailable for any amount of time.
- You will not use any meta tags or any other "hidden text" utilizing Our name or trademarks without Our express written consent.
- The Website and/or any portion of the Website may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without Our express written consent.
- Your use and access of the Website does not include any right of resale or commercial use of the Website or its Contents; any collection and use of any listings, descriptions, any derivative use of the Website or its Contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
- You must use our website for lawful purposes only.
2.2 Prohibited Use
While using our service the following terms must be adhered to:
- To transmit or send unsolicited or unauthorized advertising or promotional material in any form.
- Disrupt or attempt to disrupt Our servers in any way that could cause harm to the Website.
- Distribute any material that contains software viruses or any other computer code, files, or programs that are designed or intended to: (a) disrupt, damage, or limit the functioning of the Website, any software, hardware, or telecommunications equipment used in connection therewith; or (b) damage or obtain unauthorized access to any data or other information of any third party.
- Interfere with any other person's use of or the proper functioning of the Website.
- Modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Us.
- Use any portion of the Website for uploading, posting, e-mailing, transmitting or otherwise making available User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
- Violate the privacy of any third party, this includes, but is not confined to, posting personal information about another person or entity without consent.
Except for User Content as defined in User Content clause below, all of the content featured or displayed on the Website, including, without limitation, text, graphics, photographs, images, moving images, sound, and illustrations ("Our Content"), are owned by Us, Our licensors, agents and/or Our content providers. All elements of the Website, including without limitation the general design and Our Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights.
The Website, Our Content and all related rights shall remain Our exclusive property or of Our licensors unless otherwise expressly agreed.
You will not remove any copyright, trademark, captions or other proprietary notices from material found on the Website.
Except as may be otherwise indicated in specific documents within the Website or as permitted by copyright law, You are authorized to view, play, print and download copyrighted documents, audio and video found on Our Website for personal, informational, and noncommercial purposes only.
Except as permitted by copyright law, You may not modify any of the materials and You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website.
All of Our trademarks, service marks and trade names used herein (including but not limited to: the Neighborhood Productions LLC. name, Neighborhood Productions LLC. logo, the Website name, the Website design, and any logos) (collectively "Marks") are Our trademarks or registered trademarks or of Our affiliates, partners, or licensors.
5. Website Information
We attempt to ensure that information on the Website is complete, accurate and current. Despite Our efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Website.
Through Your use of the Website, You may be exposed to content that You may find offensive, objectionable, inaccurate or critical. By using Our Website, You assume all associated risks and release the Website from any liability.
Information provided by you through www.theguide.art is stored on a secured private server. While we have taken reasonable precautions to protect your personal information, no security system is impenetrable and we cannot guarantee the security of information that you provide to us via the Internet, through our Website, through online ordering, or in databases stored on our servers.
7. Intellectual Property Rights
Content related to the Neighborhood Production LLC.'s Website, products, including domains, logos, photographs, drawings or documentation, as well as software, computer programs or any element that could be protected by Intellectual or Industrial Property Rights, that may be accessible for the users, are the property of the Website or of the third party who has authorized the used thereof, and all the rights of use thereon are expressly reserved.
You may use such material only in the way expressly authorized by Website or by those who granted us a license for its use.
Any misuse of the service or its obligations by the user may result, at Website's discretion
You recognize that, by virtue of these Terms and Conditions, Website neither assigns nor transfers You any right over its Intellectual and/or Industrial Property, or over any properties of third parties. Website only authorizes the User to access and use them in accordance with the terms indicated in the present General Conditions.
The User is not authorized to copy, distribute (including by email and internet), transmit, communicate, modify, alter, transform, assign or in any other manner display activities that mean the commercial use of Intellectual and/or Industrial Property, be this partially or totally, without the express consent, granted in writing, of the legitimate holder of the rights of use.
Website reserves all rights of Intellectual and/or Industrial Property that correspond to it, including any authorization and/ or license.
Website does not grant any other license or authorization of use to You on the rights of Intellectual and / or Industrial Property other than that expressly detailed in this clause.
Website reserves the right to resolve or modify at any time and for any reason, the licenses granted under these terms and conditions. Notwithstanding the foregoing, Website may take legal action against any use by You that:
- Does not comply with the present General Conditions;
- Infringes or violates the Intellectual and Industrial Property rights, image rights or other similar rights belonging to the company or to any other legitimate holder; or infringes any applicable regulation.
We claim copyright and all other intellectual property rights to all the material on the Website, including, but not limited to the words, information, graphics, designs, logos, trademarks, photographs, icons, drawings and text.
Our intellectual property is protected under copyright, trademark and other intellectual property laws.
As part of this Agreement, You agree to not reproduce, distribute, sell, publish or broadcast any of the material found on this Website without Our prior written consent.
EXCEPTION: Entities who wish to reproduce or link to material for its 'archival' or 'press' purposes may do so, with proper attribution to Website, it's authors, photographers, and any additional affilates for the piece.
8. Copyright Notice
All Website design, graphics, text selections, arrangements, agreements, releases, written materials, original commissioned photographs and all software are of Copyright © 2021, Neighborhood Productions LLC. or its licensors. ALL RIGHTS RESERVED.
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED AS IS WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS PROVIDED ON OR THROUGH THE WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND NEITHER US, NOR ANY OF OUR AFFILIATES MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE WEBSITE OR THROUGH OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
You agree to defend, indemnify and hold Us and any of Our affiliated company or individual harmless from any and all liabilities, costs, and expenses, including attorneys’ fees, related to or in connection with (a) the use of the Website or the internet or Your placement or transmission of any message or information on this Website by You or Your authorized users; (b) Your violation of any term of this Agreement, including without limitation, Your breach of any of the Representations and Warranties above; (c) Your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) Your violation of any law, rule or regulation of USA or any other country; (e) any claim or damages that arise as a result of any User Content that You provide to Us; or (f) any other party’s access and use of the Website with Your unique username, password or other appropriate security code.
This Agreement is subject to Our revision and changes from time to time. Your continued use of the Website after the revision and changes will mean that You agree, without qualification, to the revised Agreement.
Should You object to any such revisions to this Agreement or become dissatisfied with the Website in any way, Your only recourse is to immediately terminate Your membership or discontinue use of the Website. Otherwise, continuing to use, visit, access or use the Website after the effective date means that You agree to be bound by any and all revisions.
12. Contact Us
If You do not understand any of the foregoing terms and conditions or if You have any questions or comments, please contact Us through Neighborhood Productions LLC., firstname.lastname@example.org