Amended as of October 1, 2019
• New York Magazine (“NYMag.com”)
• Grub Street website (“GrubStreet.com”)
• Vulture (“Vulture.com”),
• The Cut (and “TheCut.com”)
• The Strategist and the Strategist UK (collectively, the “Strategist”)
The Sites are provided by New York Media LLC, doing business in the State of New York as New York Media (DE) LLC and NYM International Limited, registered in England under company number 12098732 with a registered office at Lower Ground Floor, One George Yard, London, United Kingdom, EC3V 9DF (collectively “New York Media” or ‘we’ or ‘us’ or ‘our’).
IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, OR ANY POSTED GUIDELINES OR RULES, THEN DO NOT USE OUR SITES.
The Sites are directed to individuals above the age of . You must be [thirteen (13) years of age or older] to participate in any activities or services offered on our Sites and/or be a member and receive membership benefits, and you must be eighteen (18) years of age or older to participate in our A-List Invitations. You may not have to be a member to participate in all contests, sweepstakes and/or special events; however, you must meet the designated minimum age requirements (for example, twenty-one (21) years of age or older) for the specific activity.
II. Other Applicable Terms; Modifications to These Terms & Conditions
III. Your Submission of Personal Information to the Sites
To participate in certain activities on our Sites, you may be required to provide certain details to us. We may also gather certain types of non-personal information about your visit to protect the security of our members or our Sites, or to make our program content more enjoyable for all our visitors.
If you decide to register for one of these activities you are responsible for providing accurate, timely and complete information to us and our operational providers (third parties that perform services on our behalf), agents and affiliates in connection with your participation and/or use of our Sites. You agree not to disclose your account details to any third party or allow a third party to use your password for any purpose, and you will take all reasonable steps to ensure that those details are kept confidential and secure.
IV. Membership and Participation on the Sites
You agree to immediately notify us of any unauthorized use of your password or other membership account information.
We will establish specific rules and terms for participation in any contest, sweepstakes and/or special event and will post this information on our Sites.
V. Digital Content & Subscriptions
The Sites may provide the option to download digital content, which will be delivered to your personal computer or other device which initiated the download. It is your sole responsibility to ensure that your device is enabled to play or access that digital content. Except as set forth in this Agreement, the download and use of that digital content is at your own risk.
Additionally, some of the Sites will provide the option to purchase a subscription to digital versions of various New York Media publications. You have the option to cancel any subscription within fourteen (14) days of purchase and receive a refund of the purchase price provided you haven’t downloaded the first item of subscription content. To be clear, once you download content your fourteen (14) day cancellation period will end.
If any digital content is not as it was described you are entitled to a repair, or if we cannot repair it, replacement of the digital content to bring it in line with the description. Please send all requests for repairs to [email@example.com].
VI. User Content: Your Ownership and Our License to Use
You represent and warrant that you are the owner or otherwise have the right to provide communications, information, reviews or photos or materials (including pre-existing materials) and any comments or content submitted, posted or transmitted to or through the Sites including any Interactive Areas as described below (collectively, “User Content”). By submitting User Content to any Sites, you agree that such submission is non-confidential for all purposes and that any inclusion of your personally identifiable information, such as name, photograph or other information in such posts may allow others to identify you and is disclosed with your consent.
In addition, in consideration of the Sites’ acceptance of User Content, you hereby grant to New York Media and its parents, affiliates, subsidiaries, licensees, operational providers, successors and assigns (collectively, the “New York Media Parties”) an irrevocable, transferable, paid up, royalty-free, perpetual (or for the duration of the period of time that you have rights therein), non-exclusive worldwide sub-licensable license to use, copy, print, display, modify, edit, remove, publicly perform, translate and create derivative works from and distribute or otherwise use and reproduce User Content on the Sites, in our print magazines including anthologies and collections, websites, mobile apps and in any and all other forms of media now known or hereafter invented and including in connection with the advertising, marketing and promotion of any or all of the foregoing, throughout the world in all such media (collectively, the “Uses”) and the right to, in New York Media’s sole option and discretion, attribute such User Content to the visitor submitting the User Content.
You hereby waive all moral rights or similar rights now existing or created in the future in any part of the world in respect of any User Content. In consideration of submitting User Content, you consent to the Uses of the User Content without further compensation, attribution, notification or other additional consideration.
You may not submit any User Content to the Sites that:
• is defamatory, obscene, indecent, pornographic, sexually explicit, harassing, threatening or offensive, incites racial, cultural or religious hatred, impersonates or appears to impersonate any other person, is in contempt of court, violates any law or regulation or encourages conduct that would amount to a criminal offence (including without limitation any conduct that would be considered an offence under the Terrorism Act 2006) or give rise to a civil liability and/or is otherwise objectionable and/or an infringement of any UK or other applicable law or regulation;
• infringes any patent, trademark, trade secret, trade dress, copyright, right of privacy or publicity or other proprietary rights, including rights of confidentiality of any third party;
• contains unauthorized advertising or solicits other visitors including junk email, chain letters, surveys, contests, pyramid selling schemes, duplicative or unsolicited messages or so-called “spamming” and “phishing;” or
• contains any virus, corrupt file, cancel-bot, worm programme or other malicious code designed to interrupt, destroy or limit the functionality of or disrupt any Site, software, hardware, telecommunications, networks, servers or other equipment, nor any adware, spy ware, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information.
VII. Interactive Areas
We may provide interactive activities for the Sites’ users such as chat rooms, article and blog comment posting areas, reader photo uploads, reader ratings and reviews, saving favourite restaurants or fashion looks, bulletin boards (also known as message boards), SMS text messaging and mobile alerts (collectively, “Interactive Areas”) for the enjoyment of our visitors.
Any submissions or postings by visitors to any part of the Sites, including, without limitation, Interactive Areas, will be deemed User Content, be public and may also be posted in public areas on our Sites. The New York Media Parties and their respective members, directors, officers, employees and any contract or operational providers that conduct, operate and/or manage the Sites’ Interactive Areas will not be responsible for the action of any visitors or third parties with respect to any information, materials or content posted, uploaded or transmitted in these Interactive Areas.
You must be [thirteen (13) years] of age or older to participate in the Sites’ Interactive Areas. General members of the Sites’ online communities may have the opportunity to register for participation in the Interactive Areas when they first apply for membership and may be required to select a member name and password for the Interactive Areas. Interactive Areas not conducted, operated and/or managed by the Sites may require a different registration process.
Please consider the risks of revealing personal information (such as name, phone number or street address) about yourself or others in Interactive Areas, including when connecting to the Sites through a third party service. By participating in any of the aforementioned activities, all visitors and members agree to follow the Sites’ standards of conduct.
We do our best to encourage comfort and discourage disruptive communication. We also discourage disruptive statements that incite others to violate our standards. We encourage your participation in upholding our standards. You are responsible for all content that you post, email, transmit, upload or otherwise make available through our Sites.
The Sites may allow you to post reviews of events, movies, restaurants and other businesses (“Reviews”). Reviews do not reflect the views of the Sites, the New York Media Parties, operational providers, or their respective employees, officers, directors or shareholders. We do not assume responsibility or liability for any Reviews or for any claims, damages or losses resulting from the use of this service or the Materials contained therein. All rights in Reviews that are submitted to the Sites shall be owned in their entirety exclusively and in perpetuity by us. There shall be no obligation to publish, give credit or pay any consideration to you for any Reviews. The Sites reserve the right to edit, delete or modify any Review including any that are determined to be disingenuous in any way, and could diminish the overall quality of our Reviews.
The Sites may also allow a visitor to post photograph(s) online (“Photo”). In submitting a Photo and clicking the “I agree” box if presented with a submission form, you represent and warrant that: (1) you are the person in the Photo or are the owner of the Photo and consent to the Uses of the Photo by the Sites; (2) you are [thirteen (13)] years of age or over; (3) you have submitted the Photo using your legal name and accurate personal information and consent to the Uses; (4) you are either the holder of the copyright in the Photo or are an authorized licensee of the copyright in the Photo and authorised to grant to the Sites, their licensees, successors and assigns, the right to publish and display the Photo in connection with the Uses; and (5) you have the legal right and power to agree to the use of Photo and grant the Sites the right to use the Photo. In addition, you expressly release the Sites and their licensees, successors and assigns from any privacy, defamation and any other claims you may have for the use of any Photo submitted to the Sites.
If you see an objectionable Photo or other User Content or have any questions about this Agreement, please contact us immediately.
The Sites strive to make their Interactive Areas enjoyable. Our chat venues welcome people of all races, religions, genders, national origins, sexual orientations and differing points of view. When in doubt about appropriate behaviour in our Interactive Areas, please remember that, although the venue is electronic, those participating in it are real people. We ask that you treat others with respect. Any conduct by a participant in the Interactive Areas that violates this Agreement in any way may result in the suspension or termination of the visitor’s registration and access to the Sites, at the Sites’ sole discretion, in addition to any other remedies. The Sites may provide Interactive Areas on a number of topics, but our staff or volunteer hosts participating in these activities do not offer professional advice of any kind and are speaking from their own experience or opinion as is helpful for the facilitation of the dialogue. These hosts claim no professional expertise or authority. To the extent there is a conflict between the rules of a specific event and this Agreement, the rules of the specific event will govern.
VIII. Site Content
Unless otherwise specified, the Material (as defined below) available on the Sites is directed solely at those who access the applicable Site from the United Kingdom. We make no representation that any Material is appropriate for use elsewhere or available in any other locations. Those who choose to access the Sites from any other location are solely responsible for compliance with local laws and regulations if, and to the extent, that they are applicable.
All software, design elements, documentation, text, pictures, sounds, graphics, articles, video or audio clips, advertising material and other material published on the Sites including User Content (“Material”) is owned by the New York Media Parties or their respective Licensors who claim rights therein under all applicable law. Except as expressly authorized, you may not modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, adapt or create a derivative work of the Material. In addition, the use of automated means such as harvesting bots, robots, spiders or scrapers to access the Sites or collect users’ content or information is prohibited absent express authorization.
The menus displayed on the Sites may be the property of the respective restaurant (the “Featured Restaurant”) or their licensors and are protected by U.S. and international copyright and trademark laws. Your use of such menus or trademarks, except as provided in this Agreement, is strictly prohibited.
Use of Material for any purpose not expressly permitted in this Agreement is prohibited. Except as permitted hereafter, reproduction, copying or redistribution for commercial purposes of the Material on the Sites is strictly prohibited without the express written permission of New York Media. You are also prohibited from framing the Sites without the express written permission of New York Media. For information on requesting such permission, please send a written request to New York Media at 75 Varick Street, 4th Floor, New York, NY, 10013; Attn: Digital Business Development or via email. Decisions to grant or deny permission are within the sole discretion of New York Media.
We will not be liable for any reason if any Site remains unavailable at any time or for any period.
IX. Links to the Sites
You may link to the home page of the Sites without seeking our further written consent provided that you fully comply with the following:
You may not directly or indirectly charge any party to access the Sites or the Materials.
Any links to the Sites must be made in a way that is fair and legal and does not damage our reputation or take advantage of it or establish a link in any way that suggests any form of association, representation, approval or endorsement on our part where none exists.
Links to the Sites are not permitted from the following websites:
• websites that incite hatred whether based on race, religion, gender, sexuality or otherwise, or promote, encourage or facilitate anti-social behaviour;
• websites that promote, encourage or facilitate violence;
• websites that promote, encourage or facilitate terrorism or other activities that risk UK national security;
• websites that discriminate against any specific social group or otherwise exploit vulnerable sections of society;
• websites that promote, facilitate or encourage illegal activity;
• websites which are misleading, pornographic, defamatory, or that contain illegal, or otherwise actionable content under UK law; or
• websites which infringe individual privacy.
X. DMCA Copyright Infringement Claim and Counter-Claim Policy; UK and EU Copyright Infringement
If you believe in good faith that Material we host infringes on your United States copyright, you (or your agent) may send us a notice, in accordance with the requirements set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”), requesting that we remove or block access to the infringing Material, which shall include the following information:
• an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
• identification of the copyrighted work claimed to have been infringed;
• a description of where the material that you claim is infringing is located on our Sites;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA; see www.loc.gov/copyright. Notices and counter-notices should be sent to:
Attn: Legal Department
75 Varick St., 4th Floor
New York, New York 10013
Phone: (212) 508-0700
If the Sites receive more than one Notice of Copyright Infringement concerning a user, the user may be deemed a “repeat copyright infringer.” The Sites reserve the right to terminate the accounts of “repeat copyright infringers.”
We take the express position that the Sites are not online content-sharing service providers subject to the obligations of EU Directive 2019/790. Nonetheless, you may direct any claims that Material we host violates your rights under UK or EU copyright law to [UKInfringements@nymag.com]. Your claim must justify the reason for your request and our determination as to whether or not particular Materials should be removed from the Sites shall be in our sole discretion.
XI. Third Party Links
Our Sites contains links and pointers to other websites and resources on the internet controlled by third parties.
We have no control over the content or availability of third party sites that you may access or link to through the Sites and such links are provided for your information only. If you visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements.
We do not endorse and are not responsible or liable (directly or indirectly) for any content, advertising, products, services, views expressed or information on or available from third party websites (including without limitation payment for and delivery of any products or services) or for any damage, loss or offence caused by or in connection with your access to and use of such third party sites and any available services. Any terms, conditions, warranties or representations associated with any dealings on any third party sites are solely between you and the relevant provider of that site and/or any relevant service.
XII. Advice, Opinions and Third Party Content Disclaimer
Our Sites contain facts, views, opinions and statements of third parties, visitors and other organizations. The Sites and the New York Media Parties do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through our Sites. You acknowledge that any reliance upon any such advice, opinions, statement or other information shall be at your sole risk and you agree that the Sites and the New York Media Parties shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any advice, opinions, statements or other information displayed or distributed on our Sites.
The Sites and their content, including menus of Featured Restaurants are provided solely for informational purposes and are not endorsements or guarantees by the Sites of any Featured Restaurant or the products or services available from such restaurants. The Sites accept no liability in connection with the inclusion or omission of any restaurant from the Sites, and will not be responsible for changes in menus, prices, phone numbers, addresses, ownership, management and other factual information regarding Featured Restaurants.
The submission of ideas, materials or information to us through any submission channel shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas or the like by the Sites, the New York Media Parties or operational providers for any purpose, and any thereof shall be free to reproduce, use, disclose and distribute such information to others without liability or restriction.
XIII. DISCLAIMER OF WARRANTIES
THE INFORMATION ON THE SITES IS PROVIDED “AS IS.” THE SITES DO NOT WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED ON THE SITES OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE, AND EXCEPT TO THE EXTENT PROHIBITED BY LAW, EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
To the fullest extent permitted by law, the New York Media Parties expressly exclude any liability for any direct or indirect damages, including but not limited to consequential, special or exemplary loss or damage (whether such losses were foreseen, foreseeable, known or otherwise) arising from, out of or in connection with the use of the Sites, including without limitation: (a) injury and/or damage to persons or property as a result of any statement, including any actual or alleged defamatory statement, or your actions, inactions, submissions or negligence in respect of any Site; (b) losses caused or suffered by any third party, including infringement of any intellectual property or privacy rights; (c) loss of data; (d) loss of revenue or anticipated profits; (e) loss of business or contracts; (f) loss of opportunity; (g) loss of anticipated savings; (h) wasted management or office time; (i) loss of goodwill or injury to reputation; (j) failure or interruption of the Sites.
The New York Media Parties and their operational and promotional providers, program producers and promoters and sponsors are not liable or responsible for any claims relating to any User Content or any inaccurate, untimely, false or incomplete information provided to us or from a visitor’s failure to fully comply with any provision of this Agreement.
All of the foregoing notwithstanding, we do not disclaim liability for (i) death or personal injury to the extent such arises as a result of our negligence, (ii) fraudulent misrepresentation or misrepresentation as to a fundamental matter and (iii) any other liability that we are not permitted to limit or exclude under applicable law including applicable consumer protection law.
XV. Choice of Law and Forum
If any provision in this Agreement is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of this Agreement shall remain in full force and effect.
Other than a New York Media Party, a party who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term hereof.
XVI. Security Measures