Terms of Service

Agreement between user and www.newyorksmash.com: Welcome to www.newyorksmash.com. The www.newyorksmash.com website (the “Site”) is comprised of various web pages operated by Print Media Group Inc. (“Print Media Group”). www.newyorksmash.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.newyorksmash.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

www.newyorksmash.com is a subsidiary of Print Media Group, Inc. The Site is an online publication, featuring editorial reviews and coverage. In addition, we provide product giveaways at no cost to registered members of the Site. Merchandise is never sold on the Site. There are no payment transactions conducted on the Site. There is no credit card processing conducted on the Site.

Privacy: Your use of www.newyorksmash.com is subject to Print Media Group’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications: Visiting www.newyorksmash.com or sending emails to Print Media Group constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account: By becoming a registered member of www.newyorksmash.com, you agree that you are over the age of 18, of legal age to form a binding contract and not a person barred from receiving services under the laws of the United States or any other applicable jurisdiction. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Print Media Group is not responsible for third party access to your account that results from theft or misappropriation of your account. Print Media Group and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Print Media Group does not knowingly collect, either online or offline, personal information from persons under the age of thirteen.

Links to Third Party Sites/Third Party Services: www.newyorksmash.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Print Media Group and Print Media Group is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Print Media Group is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Print Media Group of the site or any association with its operators.

Certain services made available via www.newyorksmash.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the
www.newyorksmash.com domain, you hereby acknowledge and consent that Print Media Group may share such information and data with any third party with whom Print Media Group has a contractual relationship to provide the requested product, service or functionality on behalf of www.newyorksmash.com users and customers.

Free Gift Vouchers: Print Media Group provides vouchers at no cost (“Free Gift Voucher”) to selected registered users of the Site. Any registered user of the Site who accepts, redeems, or attempts to redeem a Free Gift Voucher agrees to the Terms. Unless otherwise required by law or documented by a notice located on the Free Gift Voucher, the Terms apply to all users of the Site and every Free Gift Voucher redeemed by users of the Site.

Limitation of Liability: You expressly understand and agree that the site participants are independent contractors and do not act for or on behalf of Print Media Group. As such, Print Media Group shall not be liable for the performance or non-performance of any site participants, or for any claims of any nature arising out of any site participant’s acts or omissions, breach of contract, errors, representations, breach of warranty, failure to pay, losses of profit, breaches of negligence of any such service providers or any other cause, including but not limited to personal injuries, property damage, or other damages or expenses that may result.

Neither does Print Media Group nor any site participant make any warranty or representation of any kind or assume any liability regarding the products and services available on the site. The use of this site and/or any information, content or data provided herein is entirely on an “as is” basis with no warranties whatsoever, and the user assumes full responsibility along with all risks for the use of this site, including but not limited to, communications with third parties and purchases and/or use of any products or services available on the site.

In no event shall Print Media Group or any participant be liable for any loss, claim, damage, expense, or otherwise, irrespective of what theory said grievance is predicated on, which arises from or is linked to any of the causes specifically described herein or generally available. You further acknowledge that the site is provided to you at no charge. To that end, you undertake any and all hazards pertaining to the use of this site, and further acknowledge that to the extent permitted by law, neither Print Media Group nor its vendors, third party content providers, affiliated contractors, or suppliers, are liable for any claim or cause arising from or related to: the use of this site or any link or content herein; any subsequent action that you take as a result of communications from the site; and any products or services made available or purchased through the site or affiliated sites, including any and all damages or injuries sustained as a result of such products or services. Without limiting the foregoing, under no circumstances shall Print Media Group be held liable for any delay, failure in performance, error, omission, loss of profits, or any other tangible or intangible loss.
No Unlawful or Prohibited Use/Intellectual Property: You are granted a non-exclusive, non-transferable, revocable license to access and use www.newyorksmash.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Print Media Group that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Print Media Group or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Print Media Group content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Print Media Group and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Print Media Group or our licensors except as expressly authorized by these Terms.

Third Party Accounts: You will be able to connect your Print Media Group account to third party accounts. By connecting your Print Media Group account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users: The Service is controlled, operated and administered by Print Media Group from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Print Media Group Content accessed through www.newyorksmash.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification: You agree to indemnify, defend and hold harmless Print Media Group, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Print Media Group reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Print Media Group in asserting any available defenses.

Liability Disclaimer: THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PRINT MEDIA GROUP INC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

PRINT MEDIA GROUP INC. AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF
ANY KIND. PRINT MEDIA GROUP INC. AND/OR ITS SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL PRINT MEDIA GROUP INC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,
WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF PRINT MEDIA GROUP INC. OR ANY OF ITS
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE
SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction: Print Media Group reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Print Media Group as a result of this agreement or use of the Site. Print Media Group’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Print Media Group’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Print Media Group with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall
continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Print Media Group with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Print Media Group with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms: Print Media Group reserves the right, in its sole discretion, to change the Terms under which www.newyorksmash.com is offered. The most current version of the Terms will supersede all previous versions. Print Media Group encourages you to periodically review the Terms to stay informed of our updates.

Contact Us: Print Media Group welcomes your questions or comments regarding the Terms:

Print Media Group Inc.
105 East 34th Street #198
New York, New York 10016

Email Address:
info@newyorksmash.com

Effective as of March 26, 2012