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This Site is provided by Agorafy. Your use of this Site is subject to these terms and conditions. Please read them carefully. Be sure you understand them, since the terms and conditions constitute a legally binding agreement between you and Agorafy. The terms and conditions contain important information about the Agorafy Site and your permitted use. From time to time, Agorafy reserves the right on our own to modify these terms and conditions, at our sole discretion and without notice, so it is important for you to review these terms and conditions every time you use the Site.
These terms and conditions constitute a contract between Agorafy and you in regards to your use of the Agorafy website, Agorafy's applications for mobile devices, and the information and services which are listed below. If you do not agree with, and/or accept these terms and conditions, do not use this website or any of its information and/or services. Be advised that these terms and conditions contain disclaimers of warranties and/or limitations of liabilities, which may be applicable to you.
Agorafy reserves the right at any time with or without cause and/or notice to
Any changes Agorafy makes will be immediate unless we in our sole discretion decide to provide a notice beforehand. You agree that your continual use of this website after any such changes constitutes your acceptance of Agorafy's changes. Be sure to return to this page frequently to stay current with the most recent version of these terms and conditions.
Agorafy grants you a limited, non-exclusive, revocable license for you to use this Site for your personal perusal, information, education, and communication. This Site contains materials and other items relating to Agorafy, and similar items from our related companies, business partners, and other third parties (collectively the "Content"). The Content may be in the form of information, text, data, images, graphics, button icons, designs, logos, audio-visual materials, registered and unregistered trademarks, illustrations, photographs, audio clips, music, sound, pictures, videos, software and other forms and formats now known or later invented, links and references which collectively constitute Agorafy ‘information." In using this Site, you must respect the property rights of Agorafy and others, as outlined below. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability and may subject you to civil suit, and/or potential criminal liability. Agorafy's information is provided for your personal use only and not for any commercial and/or for profit activities or purpose or for re-sale. Without the written permission of Agorafy (see contact information at the end of these terms and conditions), no information, materials or property may be copied, reproduced, displayed, re-published, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way.
Agorafy does permit you to view and print a reasonable number of copies of web pages located on the website for your own personal use, but not for commercial and/or for profit and/or resale, provided (a) you retain all trademark, copyright and other proprietary notices which are in the original materials, (b) you provide attribution to Agorafy, (c) the material is displayed and/or printed in its entirety, without modification, reformatting, adaptation of any kind, and (d) such material is subject to the terms and conditions of this Agreement and remains Agorafy's property. You understand and agree that you may not authorize any of Agorafy's information to be copied, reproduced, displayed, re-published, downloaded, posted, digitized, translated, modified, transmitted, distributed or commercially exploited in any way by a third party and you agree to take all reasonable steps to prevent any unauthorized reproduction and/or use of Agorafy's information. You further agree to advise Agorafy immediately of any such unauthorized use of which you become aware. Your failure to abide by these terms and conditions will immediately terminate the permission and may lead to Agorafy's legal enforcement for the infringement of the copyright and/or trademark or other proprietary rights we or others may hold.
Using this website, you agree not to use the information, services or the website to take any action and/or actions that:
Note: Improper use of this website, its Content, information and services may result in the termination of your access to and use of the website, and/or result in civil and/or criminal litigation.
As part of your use of the website, you may participate in certain idea books, message boards, member communications and/or public forums. Your participation is voluntary, however, by choosing to create idea books, post photos, or comments or send any message, submit any idea or feedback, or otherwise participate in the Agorafy forum, you acknowledge and agree that any postings, messages, texts, photos, audio/visual works, information, suggestions, feedback, or content provided by you (collectively hereinafter cited as "Content"), may be viewed by the general public, and will not be treated as proprietary, and/or confidential, and therefore you authorize Agorafy and/or Agorafy's affiliates, licensees and sublicensees, without any compensation to you or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked by you for any reason. And to the extent permitted by applicable law, you waive and release any covenant not to assert any rights that you may have in any Content posted or provided by you on the website.
By posting or providing any Content on the website, you warrant and represent to Agorafy that you own and have the right to use and to permit us to use and license such Content in the manner stated in this Agreement. By way of example and not by any limitation, if you post or otherwise provide a photograph, which includes the image of any person, you need first to obtain permission and/or a Release from such a person appearing in the photograph to use their image and to permit Agorafy to use their image and/or to license it, as stated in this Agreement, and you must be the owner and/or the licensee of the photograph, with the right to permit us to use it as stated in this Agreement. The same would apply to any architectural drawing and/or design. Agorafy can demand at any time proof of ownership, copyright, trademark, or license from you for any posting.
You also agree not to post or provide any Content from any other person other than yourself, or which contains the name, voice or likeness of any person other than yourself unless you first obtain permission to do so, and to grant Agorafy the rights granted in this Agreement from that person.
If you identify yourself by name and/or provide Agorafy with a photograph, audio, or video recording of yourself, you further authorize any of Agorafy's affiliates, licensees and sublicensees without compensation to you or any others, to reproduce, print, publish and/or disseminate in any format and/or media (whether now known or later created), your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
You also agree that Agorafy may use the posted and/or provided Content in any manner that we deem appropriate or necessary. Agorafy reserves the right to edit and/or abridge any Content for any reason, and to edit, or refuse to post, or remove any Content submitted by you or by others. Agorafy does not and cannot guarantee we will post all Content submitted or that such Content may be considered by some to be offensive, defamatory or objectionable. Although Agorafy reserves the right to remove without notice any Content for any reason, we have no obligation to delete Content which you personally may find objectionable, or offensive. Agorafy does not control in real-time the Content posted by the Services and as such cannot guarantee the accuracy, integrity or quality of such Content. In addition to other disclaimers found in this Agreement, we do not endorse or make any warranties or representations as to the accuracy, completeness or timeliness of any Content.
All Content is copyrighted, and is either owned by or used with permission by Agorafy which disclaims any representation or warranty that your unauthorized use of Content will not infringe upon the rights of third parties not owned or affiliated with Agorafy.
Except as set forth in these terms and conditions or in the text of this website, you may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, sell, license, publicly perform, prepare derivative works based upon , or otherwise use or exploit the Content. You may view or download portions of the Content for your personal, non-commercial, non-political, non-networked, informational viewing, and use only, provided you do not modify any documents, or delete or change any copyright, trademark or other proprietary notices. The foregoing limited right does not give you ownership over any Content. Except as expressly provided above, nothing contained in these terms and conditions may be construed as conferring to you (by implication, estoppel, or otherwise,) any license or right to any Content under any copyright or other intellectual property right.
The trademark, logos, and service marks displayed on this Site are owned by Agorafy and third parties, and this website’s trade dress is owned by Agorafy (collectively the "Trademarks," which also constitute Content). All trademarks not owned by Agorafy are the property of their respective owners, and are used with permission. Nothing contained in this Site may be construed as granting, by implication, estoppel or otherwise, the right or license to use any trademark.
You may use the Agorafy buttons, links and widgets displayed on the Agorafy section of your own site section of this website, provided that (a)such buttons, links and widgets link only to Agorafy's website (b) you do not modify them or the associated code in any manner which implies or suggests that Agorafy operates, endorses, sponsors or recommends the website on which such appear and/or are used and do not violate the acceptable use policy stated above. You also acknowledge and agree that all rights in and to the Agorafy trademarks are Agorafy's exclusive property, and any goodwill generated by your use of Agorafy trademark will inure to Agorafy's exclusive benefit. You will not take any action that is in conflict with Agorafy's rights in or ownership of any Agorafy trademarks. Agorafy also retains the right to revoke the permission to use Agorafy's buttons, links and widgets at any time for any reason.
In your communications with Agorafy, please keep in mind that any submissions, questions, comments, answers, suggestions, or the like communicated by you to Agorafy via this Site or by fax, mail, or otherwise (collectively, "submissions,") are the exclusive property of Agorafy, will be treated as non-confidential, and non-proprietary, and Agorafy will not assume any responsibility, obligation, or liability for them or for Agorafy’s receipt or non-receipt of them. Agorafy’s receipt of submissions is not an admission by Agorafy of their novelty, priority or originality, and it does not impair Agorafy’s right to contest existing or future intellectual property rights relating to submissions.
Agorafy reserves the right, without any limitation whatsoever, to (a) investigate any suspected breaches of its Site security or its information technology, or other systems or networks, (b) investigate any suspected breaches of these terms and conditions, (c) involve and co-operate with law enforcement authorities in investigating such matters, (d) prosecute violations of these terms and conditions to the full extent of the law, and (e) discontinue this Site or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever.
This Agreement takes effect from the time you first access this website, and/or submit any information to Agorafy, whichever is earlier, and shall remain in effect until terminated in accordance with its terms. Agorafy may immediately terminate this Agreement, and/or your use of and/or access to the website, or any portion thereof at any time for any reason, with or without cause, without prior notice. The Agreement will also terminate automatically if you fail to comply with any term or portion of this Agreement. Upon termination of this Agreement, by either party, your right to use the website shall immediately cease, and you shall destroy all copies of the information that you have obtained from the website whether made under the terms of this Agreement or otherwise. All disclaimers and all limitations of liability and all Agorafy rights of ownership shall survive any termination. Agorafy reserves the right at any time and from time to time to modify, discontinue, temporarily or permanently the website, or any part or portion thereof, with or without notice to you. You agree that Agorafy shall not be liable to you and/or to any third party for any modification, suspension or discontinuance of the website, or any part or portion thereof. Nothing in the Agreement, shall be construed to obligate Agorafy to maintain and/or support the website or any part or portion thereof, during the term of this Agreement.
This Site may include technical inaccuracies or other errors, and your use and browsing of this Site, is at your risk. THIS SITE IS PROVIDED TO YOU "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE." WITHOUT EXPLICIT OR IMPLICIT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, TIMELINESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, AND NON-INFRINGEMENT. AGORAFY DOES NOT WARRANT THAT THIS SITE WILL MEET YOUR REQUIREMENTS OR ACHIEVE A PARTICULAR RESULT, OR THAT YOUR USE OF THIS SITE, WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE OR THIS SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY WARRANTIES THAT MAY ARISE FROM YOUR COURSE OF DEALING, YOUR COURSE OF PERFORMANCE AND/OR YOUR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION, CONTENT OR WEBSITE IS CURRENT AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED BY AGORAFY TO THE FULLEST EXTENT APPLICABLE UNDER CURRENT LAW.
THERE IS NO WARRANTY BY AGORAFY THAT, OR REPRESENTATION OR GUARANTEE THAT THE WEBSITE, ITS CONTENT, INFORMATION AND/OR SERVICES AND/OR YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE WEBSITE OR ANY OF ITS CONTENT, INFORMATION AND/OR SERVICES, ITS SOFTWARE OR ANY MATERIAL ACCESSIBLE FROM THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AGORAFY DOES NOT WARRANT, GUARANTEE AND/OR MAKE ANY REPRESENTATION REGARDING YOUR USE OF, OR THE RESULTS OF YOUR USE OF THE WEBSITE IN TERMS EITHER ITS COMPATIBILITY WITH HARDWARE OR OTHER SOFTWARE OR EQUIPMENT, AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF AGORAFY'S WEBSITE, AND/OR ITS CONTENT, AND/OR ITS INFORMATION AND/OR ITS SERVICES AND YOUR RELIANCE THEREON.
IF YOUR USE OF THIS SITE OR THE MATERIAL CONTAINED IN THIS SITE RESULTS IN THE NEED FOR YOU TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL EQUIPMENT, DATA, OR OTHER ITEM, THEN AGORAFY WILL NOT BE LIABLE FOR THOSE COSTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING SENTENCES, AGORAFY WILL NOT BE LIABLE FOR ANY DIRECT, INCIDENTAL,CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF THIS SITE. THE DISCLAIMERS AND LIMITATIONS CONTAINED IN THIS PARAGRAPH ARE A MATERIAL PART OF AGORAFY'S AGREEMENT TO PROVIDE THIS SITE TO YOU.
NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER AGORAFY, NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS AND/OR ASSIGNEES, NOR AGORAFY OR THEIR DIRECTORS, OFFICERS, EMPLOYEES OR CONSULTANTS AND/OR OTHER REPRESENTATIVES, ARE RESPONSIBLE AND/OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL EXEMPLARY, COMPENSATORY, OR OTHER DAMAGES INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, LOSS OF SAVINGS, OR LOSS OF DATA, OR LIABILITIES UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY ARISING OUT OF AND/OR RELATING IN ANY MANNER TO AGORAFY'S WEBSITE, ITS INFORMATION, ITS CONTENT, AND/OR ITS SERVICES AND/OR ANY LINKED WEBSITE, WHETHER OR NOT AGORAFY HAS BEEN INFORMED OF THE POSSIBILITIES OF SUCH DAMAGES, AND/OR LIABILITIES. YOUR SOLE REMEDY WITH RESPECT TO THIS WEBSITE, AND/OR ITS INFORMATION, CONTENT AND/OR SERVICES IS TO STOP USING THE WEBSITE, AND/OR ITS INFORMATION, CONTENT, AND/OR SERVICES AND/OR ANY LINKED WEBSITE. AS APPLICABLE NEITHER AGORAFY NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS AND/OR ASSIGNEES, NOR AGORAFY'S OR THEIR DIRECTORS, OFFICERS, EMPLOYEES OR CONSULTANTS AND/OR OTHER REPRESENTATIVES, WILL AT ANY TIME AND/OR PLACE HAVE ANY LIABILITY TO YOU FOR ANY DAMAGES, EXPENSES OR OTHER LIABILITY INCURRED BY YOU AS A RESULT OF (1) ANY INACCURACY, INCOMPLETENESS, AND/OR MISREPRESENTATION OF ANY INFORMATION, CONTENT, POSTINGS, OR SUBMISSIONS PROVIDED AND/OR POSTED ON AGORAFY'S WEBSITE BY THIRD PARTIES OR (2) YOUR HIRING OF AND/OR ENGAGING OF AND/OR YOUR ASSOCIATION WITH ANY THIRD PARTY ADVERTISING AND/OR OFFERING SERVICES THROUGH AGORAFY'S WEBSITE.
Descriptions of images, or references to third-party products, services, or publications on the website do not imply Agorafy's endorsement of such products, services and/or publications and Agorafy is not responsible for and disclaim any endorsement of any such product, service or publication.
You agree to indemnify, defend and hold harmless Agorafy and its officers, employees, agents, business partners, licensors, and licensees from any damages, liabilities, costs, and expenses (including reasonable attorney fees) on account of any claim, suit, action, demand or proceeding made or brought against any such party, or on account of the investigation, defense or settlement thereof, arising in connection with your use of this Site for (a) your breach of this Agreement, (b) claim that any material you submit to Agorafy infringes on a copyright or trademark or violates a trademark, copyright, patent, trade secret, or other intellectual property rights or other rights of a third party; (c) your activities in connection with the website or other websites to which the website is linked; and/or (d) your negligence or misconduct.
Agorafy may, at its sole discretion, make changes to any aspect of this Site, including without limitation, any Content, any activities available on this Site, and any product or service offered through this Site. Agorafy may also, in its sole discretion, revise these terms and conditions by updating and/or revising this document, with the revised terms taking effect as of the date of its posting. Continued use of this Site following the effective date of such changes constitutes your acceptance of those changes.
Agorafy controls and operates this Site from its headquarters in New York City, State of New York in the United States. Agorafy makes no representation that this Site is appropriate or available for use beyond the United States. If you use this Site from other locations, you are responsible for compliance with applicable local laws. The Site may describe products and services that are not available or approved by the appropriate regulatory authorities in countries other than the United States.
Any controversy or claim relating to this Site, the Content, or these terms and conditions not otherwise resolved between you and Agorafy will be settled by binding arbitration and/or mediation in accordance with the fee schedule and rules of regulations of a recognized New York City ADR service such as Mediate.Com and/or JAMS. The arbitrator and/or mediator will be selected only by Agorafy. Any such controversy and/or claim will be administered in accordance with their rules for a business and/or trademark dispute on an individual basis, and will not be consolidated in any other arbitration and/or mediation with any claim or controversy of any other party. The arbitration and/or mediation will be conducted in New York City and any judgment on the arbitration award may at the discretion of Agorafy be entered into the Court having jurisdiction over it. Any claim, or cause of action that you may have with respect to this Site, the Content, or these terms and conditions must be commenced within one year after such claim or cause of action arises or it will be forever barred. Any action or proceeding by Agorafy relating to your access to, or use of, this Site or any Content in accordance with this paragraph will be instituted in City, State or Federal court in New York City. Accordingly, you consent to the personal jurisdiction of these courts in New York City, with respect to all matters relating to your access to or use of this Site and the Content and waive your rights to removal or consent to removal. These terms and conditions will be governed by and construed in accordance with the laws of the State of New York, without regards to its conflict of law provisions. The foregoing provisions of this paragraph will not apply to any legal action taken by Agorafy to recover damages for, or seek an injunction in connection with, any loss, cost, or damage (or any potential loss, cost or damage) relating to this Site, any Content, Agorafy’s operations and/or Agorafy's products or services caused by your act or failure to act.
If any provision of these terms and conditions is deemed unlawful, void, or unenforceable, for any reason, then that provision will be deemed severable from the remainder of these terms and conditions, and will not affect the validity or enforceability.
No child under the age of 13 may use this site. By using this site, you affirm to Agorafy that you are over the age of 13. If you are over 13, but under the age of 18, you must secure your parent’s or guardian’s permission to use this site, and your parent or guardian must agree to the terms and conditions posted herein, and provide Agorafy with an email that you are authorized to use.
The Digital Millennium Copyright Act (the "DMCA) provides legal recourse to copyright holders who believe that material appearing on the Internet infringes on copyright law. If you have a good faith belief that information provided by Agorafy infringes on a copyright held by you and/or your company, you or your authorized agent may send Agorafy a notice of what material you want removed and or have access to it blocked. Such notice from you must contain the following information (a) signature of person or agent authorized to act on behalf of the owner of an exclusive right which has been allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed or the subject of the alleged infringing activity (or if multiple works on the website are claimed to have been infringed in a single notification to Agorafy, a representative list of same; (c) with sufficient information so that Agorafy can locate the material on the website; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that such use of the material in the matter complained of is not authorized by the copyright holder, its agent, or the law; (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right which is allegedly infringed. If, on the other hand, you believe that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send a counter-notice, and such notices must meet the statutory requirements imposed by the DMCA. See http://www.ioc.govcopyright for details. Notices and counter notices with respect to the website should be sent to the agent noted below. Agorafy recommends you consult with your legal advisor before filing a notice or counter-notice. Be advised that under DMCA there can be penalties for false claims.
This Agreement constitutes the entire Agreement between you and Agorafy. This Agreement may not be changed, waived or modified except by Agorafy as provided herein, or otherwise solely and exclusively by a written instrument executed by the proper officials of Agorafy. Neither the Agreement nor any right, obligation or remedy herein stated is assignable, transferable, delegatable, or sublicensed by you except solely and exclusively by a written instrument executed by the proper officials of Agorafy and without such, any assignment, delegation, and/or sublicense shall be null and void. No waiver by either party of any breach or default herein shall be deemed to constitute a waiver of any preceding and/or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way explains and/or defines any section or provision thereof.
This website is operated by, and all required notices and requests are to be sent to
235 West 23rd Street
New York, New York 10011