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OWNERSHIP OF SITE; AGREEMENT TO TERMS OF USE

These Terms and Conditions of Use (the “Terms of Use”) apply to Gothamfashionpolice.com. The Site is the property of New York Fashion Police, Inc. (“New York Fashion Police”).

By using the Site, you agree to these Terms of Use; if you do not agree, please do not use the Site.

New York Fashion Police reserves the right, at its sole discretion, to change, modify, add these or remove portions of these Terms of Use, at any time.  You are responsible for checking these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, New York Fashion Police grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

 

CONTENT

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, and computer code (collectively, “Content”), including the design, structure, selection, coordination, expression, and arrangement of such Content, contained on the Site is owned, controlled, or licensed by or to New York Fashion Police, and is protected by trade-dress, copyright, patent, and trademark laws, and various other intellectual-property rights and unfair-competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent from New York Fashion Police.

 

YOUR USE OF THE SITE

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site. New York Fashion Police reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any New York Fashion Police server, or to any of the services offered on or through the Site, by hacking, password “mining”, or any other illegitimate means.

You may not probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace, or attempt to trace any information on any other user of or visitor to the Site, or any other customer of New York Fashion Police, including any Gothamfashionpolice.com Account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including personal identification or information, other than your own information, as provided for by the Site.

You may not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or its systems or networks, or any systems or networks connected to the Site.

You may not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Gothamfashionpolice.com or anyone else on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that  infringes the rights of New York Fashion Police or others.

 

PURCHASES; OTHER TERMS AND CONDITIONS

Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, including contests, promotions, or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms control with respect to your use of that portion of the Site or the specific service.

New York Fashion Police’s obligations, if any, with regard to its products and services are governed solely by the agreements under which they are provided, and nothing on the Site or in these Terms of Use should be construed to alter such agreements.

New York Fashion Police may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and New York Fashion Police makes no commitment to update the materials on the Site with respect to such products and services.

Each of these policies may be changed from time to time and are effective immediately upon posting such changes on the Site.

 

ACCOUNTS, PASSWORDS & SECURITY
Certain features or services offered on or through the Site may require you to open an account (including setting up a username and password). You are responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You must notify New York Fashion Police immediately of any unauthorized use of your account or password, or any other breach of security. It is possible that you will be held liable to New York Fashion Police or a third party for losses incurred by New York Fashion Police or any other user of or visitor to the Site due to someone else using your username, password, or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else’s username, password, or account at any time without the express permission and consent of the holder of that username, password, or account. New York Fashion Police is not liable to you or any third party for any loss or damage arising from your failure to comply with these obligations.

 

PRIVACY

New York Fashion Police’s Privacy Policy applies to use of the Site, and its terms are made a part of these Terms of Use by this reference. Additionally, by using the Site, you acknowledge that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

 

LINKS TO OTHER SITES

The Site may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under New York Fashion Police’s control, and New York Fashion Police is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You are responsible for your interaction with these Linked Sites.

 

DISCLAIMERS

New York Fashion Police does not promise that the Site or any Content, service, or feature of the Site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the Site will provide specific results. The Site and its Content are delivered on an “as-is” and “as-available” basis. All information provided on the Site is subject to change without notice. New York Fashion Police cannot ensure that any files or other data that you download from the Site will be free of viruses or contamination or destructive features. New York Fashion Police disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability, and fitness for a particular purpose. New York Fashion Police disclaims any and all liability for the acts, omissions, and conduct of any third parties in connection with or related to your use of the Site and/or any New York Fashion Police services. You assume total responsibility for your use of the Site and any Linked Sites. Your sole remedy against New York Fashion Police for dissatisfaction with the Site or any Content is to stop using the Site or any such Content. This limitation of relief is a part of the bargain between you and New York Fashion Police.

New York Fashion Police reserves the right to do any of the following, at any time, without notice:

  1. Modify, suspend, or terminate operation of or access to the Site, or any portion of the Site, for any reason;
  2. Modify or change the Site, or any portion of the Site, and any applicable policies or terms; and
  3. Interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

 

LIMITATION OF LIABILITY

Except where prohibited by applicable law, in no event is New York Fashion Police liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, due to or arising out of or in connection with your use of the Site, even if New York Fashion Police has been advised of the possibility of such damages. You acknowledge that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the Site is to stop using the Site.

 

INDEMNITY

You must indemnify and hold New York Fashion Police, its officers, presidents, shareholders, successors in interest, employees, agents, subsidiaries, and affiliates, harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees), made against New York Fashion Police by any third party due to or arising out of or in connection with your use of the Site.

 

VIOLATIONS OF THESE TERMS OF USE

New York Fashion Police may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) New York Fashion Police’s rights or property, or the rights or property of visitors to or users of the Site, including New York Fashion Police’s customers. New York Fashion Police reserves the right at all times to disclose any information that New York Fashion Police deems necessary to comply with any applicable law, regulation, legal process, or governmental request. New York Fashion Police also may disclose your information when New York Fashion Police determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud-protection purposes.

You acknowledge that New York Fashion Police may preserve any transmittal or communication by you with New York Fashion Police through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or New York Fashion Police determines that such preservation or disclosure is reasonably necessary to:

  1. Comply with legal process;
  2. Enforce these Terms of Use;
  3. Respond to claims that any such data violates the rights of others; or
  4. Protect the rights, property, or personal safety of New York Fashion Police, its employees, users of or visitors to the Site, and the public.

New York Fashion Police may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines that may be associated with your use of the Site. Any violation by you of these Terms of Use is an unlawful and unfair business practice, and will cause irreparable harm to New York Fashion Police, for which monetary damages would be inadequate, and you consent to New York Fashion Police obtaining any injunctive or equitable relief that New York Fashion Police deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies New York Fashion Police may have at law or in equity. New York Fashion Police may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, including:

  1. Requests by law enforcement or other government agencies;
  2. A request by you (self-initiated account deletions);
  3. Discontinuance or material modification of the Site or any service offered on or  through the Site;
  4. Unexpected technical issues or problems; and
  5. Violation of New York Fashion Police’s Authorized Dealer Terms & Policies.

 

If New York Fashion Police does take any legal action against you as a result of your violation of these Terms of Use, you are liable to New York Fashion Police for all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to New York Fashion Police. New York Fashion Police is not liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

 

GOVERNING LAW; DISPUTE RESOLUTION

All matters relating to your access to or use of the Site, including all disputes, are governed by the laws of the United States without regard to its choice or conflicts of laws provisions.  The preceding provision regarding venue does not apply if you are a consumer not based in the United States. If you are a consumer based in the United States, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use within one year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between New York Fashion Police and you arising out of or in connection with your use of the Site, you and New York Fashion Police must attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed 30 days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then you and New York Fashion Police will be free to pursue any right or remedy available to either under applicable law.

 

VOID WHERE PROHIBITED

New York Fashion Police reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product, or service to any person or geographic area. Any offer for any feature, product, or service made on the Site is void where prohibited. If you choose to access the Site, you do so on your own initiative and you are responsible for complying with applicable local laws.

 

MISCELLANEOUS

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including Canadian export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use will remain in full force and effect. These Terms of Use constitute the entire agreement between you and New York Fashion Police with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and New York Fashion Police with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement that you enter into with New York Fashion Police, New York Fashion Police does not accept any counter-offers to these Terms of Use, and all such offers are hereby rejected. New York Fashion Police’s failure to insist on or enforce strict performance of these Terms of Use do not constitute and may not be construed as a waiver by New York Fashion Police of any provision or any right it has to enforce these Terms of Use. No course of conduct between New York Fashion Police and you or any other party constitutes or may be construed as a modification of any provision of these Terms of Use. These Terms of Use are not intended to grant rights to anyone other than New York Fashion Police and you, and may not be construed to confer any third-party beneficiary rights or remedies.

 

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on Gothamfashionpolice.com  should be sent ONLY to our Designated Agent.

NOTE: The Following Information is provided solely for notifying New York Fashion Police, Inc that your copyrighted material may have been infringed.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

Written notification must be submitted to the following Designated Agent:

New York Fashion Police, Inc
ATTN: Legal Department
PO Box 139
New York, NY 10008

E-mail: support@newyorkfashionpolice.com
IMPORTANT NOTE: IN THE EVENT YOU SEND US A NOTICE OF ANY KIND VIA EMAIL AND DO NOT RECEIVE A RESPONSE FROM US, PLEASE SUBMIT A DUPLICATE COPY VIA PAPER. DUE TO THE VAGARIES OF THE INTERNET, AND EMAIL COMMUNICATION IN PARTICULAR, INCLUDING WITHOUT LIMITATION THE BURDENS OF SPAM AND THE OCCASIONAL, UNINTENDED EFFECTS OF SPAM FILTERS, SENDING AN ALTERNATE FORM OF NOTICE (VIA PAPER AND/OR FAX), WILL HELP ASSURE THAT YOUR NOTICE WILL BE RECEIVED BY US AND ACTED ON IN A TIMELY MANNER.

Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include ALL of the following:

  • Physical or electronic signature of a person authorized to act on behalf of the copyright owner.
  • Identification of the copyrighted work claimed to have been infringed or a representative list if multiple works are involved.
  • Identification of the material that is claimed to be infringing that should be removed or access to disabled and information reasonably sufficient to enable the online service provider to locate the material (usually a URL to the relevant page with description of items on that page claimed to be infringing).
  • Information reasonably sufficient to allow the online service provider to contact the complaining party (address, phone number, e-mail address).
  • Statement that the complaining party has “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.”
  • Statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

Upon receipt of notification of a claimed infringement, New York Fashion Police will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity, regardless of whether the material or activity is ultimately determined to be infringing.

 

FEEDBACK AND INFORMATION

Any feedback you provide at the Site is non-confidential. New York Fashion Police is free to use such information on an unrestricted basis.The information contained on the Site is subject to change without notice.

Copyright 2016 New York Fashion Police, Inc. All rights reserved.