The materials provided in this website are for entertainment, educational and promotional purposes only. We are committed to the safety and privacy of our users. In connection with your use of the Site, you agree not to engage in any activity that may be unlawful, objectionable, offensive, or harmful to others. By using the Site you agree to refrain from conduct that is or may be deemed, unlawful, improper, or otherwise objectionable, including but not limited to the following:
- Transmit to the Site or otherwise make available on the site any content that is or may be deemed unlawful, improper or otherwise objectionable;
- Impersonate or otherwise misrepresent your affiliation with a person or entity;
- Engage in fraudulent activity;
- Exploit the Site or use of the Site for any commercial or other purpose;
- Conduct that is or may be deemed harmful to minors;
- Transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- Transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Transmit or otherwise make available any unsolicited, unauthorized or improper communications that may be deemed “junk mail,” or “spam,” (please read our complete Spam Policy, which is hereby incorporated by reference);
- Transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the Site or servers or networks connected to the Site, or violate any requirements, procedures, policies or regulations of networks connected to the Site;
- Violate any applicable local, state, national or international law, or any rule or regulations promulgated by governmental or regulatory agencies, in the United States or any other applicable jurisdiction.
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
You are responsible for obtaining access to the Site, and are responsible for any third-party fees incurred (such as Internet service provider or airtime charges).
The Site does not represent or warrant that any content on the site is appropriate or available for use in all locations. If you choose to access this Site, you do so at your own risk and are responsible for compliance with any and all local laws.
You understand and agree that the Site and any content on the Site is provided “AS-IS”, and your use of the Site is at your sole risk. You agree that the Site shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
We reserve the right at any time, without notice and in our sole discretion, to modify or discontinue the Site for any reason, and to refuse any and all current or future use of the Site. If the Site believes that unauthorized or improper use is being made of the Site, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including but not limited to terminating current and future use of the Site, and blocking transmissions from a particular internet domain, mail server or IP address. The Site may prevent terminate any use of the Site which it determines, in its sole discretion, may be connected with any activity that violates the TOU and/or any law, rule or regulation.
The Site may provide, or third parties may provide, links to other websites or resources. Any such links are provided for your convenience only and you access them at your own risk. The Site is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that the Site shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
TRADEMARKS, COPYRIGHTS, & RESTRICTIONS
All materials and content on this site, including, but not limited to, images, text, illustrations, audio clips, video clips (the “Materials”), and related features are protected by copyrights and/or trademarks which are owned or licensed, or otherwise used with permission.
The Site and its features are protected by Copyright as a collective work and/or compilation. All Materials on the Site and all of the individual elements comprising the Materials on the Site are copyright © 2015 Mish, Inc. Unless otherwise explicitly stated on the Site, you may copy the Content only for your own personal use, provided that you maintain all copyrights and other notices that are contained in the Materials, but you may not otherwise download or store Materials. Except as allowed by copyright laws, no copying, storage, publication, or redistribution of any Material is permitted without the express written permission of the Site. You must abide by all additional copyright notices or restrictions contained in the Site.
You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from www.mishnewyork.com or any other website owned or operated by the Site without our prior express written consent. However, you may download or make one copy of the Materials, and other downloadable items displayed on the site, for personal noncommercial home use only, provided all copyright and other notices contained in the Materials are left intact. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitutes an infringement of the Company’s copyrights and other proprietary rights. Use of these Materials on any other website or other networked computer environment is prohibited without our prior express written consent.
You acknowledge and agree that the Site and any necessary software used in connection with the Site contain certain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by the Site, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or its software, in whole or in part.
The names MISH and MISH NEW YORK (stylized and/or with design) are trademarks of Mish, Inc. All designs copyrighted by Mish, Inc., except where otherwise noted
Some items may appear slightly larger or smaller than actual size due to screen/monitor defaults, web-browser standards and/or photography techniques. Other items may be shown at a larger than actual size in order to more clearly show details; or, smaller than actual size in order to show the entire item.
OWNERSHIP OF SUBMISSIONS
By transmitting bulletin board postings, e-mail, messages, suggestions, ideas, or concepts (each, a “Submission”), whether unsolicited or solicited, to the Site you are granting the Site a royalty-free, nonexclusive, perpetual, unrestricted, worldwide license to publish, transmit, perform, display and otherwise use the Submission for any purpose, including, but not limited to, advertising and promotional purposes. No credit or compensation is due to you for such use. The Site also has the right, but not the obligation, to use your name, city and state in connection with broadcast, print, online or other use or publication of your submission. All submissions become the property of the Site and may be edited for use.
You agree to indemnify and hold the Site, its affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your connection to the Site, your violation of the TOU, or your violation of any rights of any third parties.
The Site welcomes your questions, concerns, or comments about the TOU. You may contact us by:
Emailing us at: firstname.lastname@example.org
30 Bond Street
New York, NY 10012
Please report any violations of the TOU.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
THE SITE AND MATERIALS AND ANY OTHER CONTENT APPEARING ON THIS SITE ARE TRANSMITTED AND DISTRIBUTED “AS IS” AND APPEAR ON THE SITE WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO: WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SITE MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS AND VALIDITY OF ANY MATERIALS ON THE SITE.
THE SITE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
THE SITE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE SHALL CREATE ANY REPRESENTATION OR WARRANTY.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SITE. IMMEDIATELY DISCONTINUE USE OF THE SITE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SITE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SITE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) ANY MATERIALS OR CONTENT APPEARING ON THIS SITE; (ii) THE USE OF OR THE INABILITY TO USE THE SITE; (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED FROM THE SITE; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE.
RESERVATION OF RIGHTS
The Site reserves any and all rights not explicitly stated herein. Failure to enforce this TOU in every instance does not amount to a waiver of rights.