Effective Date: April 16, 2018
Use by Minors
If you are under the age of eighteen years old (or such other age of majority in your State), then you must make your parent or guardian aware that you are using this Site. Your use of this Site is the responsibility of your parent or guardian and may affect their legal rights and obligations.
Use of the Site requires compatible devices, Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. You agree that meeting these requirements, which may change from time to time, is your responsibility.
The Site may not be used for your commercial or business-related activities or to solicit others. You agree not to knowingly or recklessly introduce a virus, Trojan horse, worm, logic bomb or other harmful component, or otherwise tamper with, impair or damage the Site or connected network, or interfere with any person’s use or enjoyment of the Site. You agree not to access, monitor or copy any element of the Site using a robot, spider, scraper or other automated means or manual process without NYC Kids RISE’s express written permission. You must not attack the Site via a denial-of-service attack.
NYC Kids RISE shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, worms, logic bombs or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or any website linked to it.
You may not access or use the Site in violation of United States export control and/or economic sanctions requirements. By acquiring Content through the Site, you represent and warrant that your access to and use of the Site will comply with applicable requirements.
Without limiting NYC Kids RISE’s other rights or remedies, NYC Kids RISE reserves the right to take legal proceedings against you for reimbursement of all costs or losses (on an indemnity basis) resulting from your breach of this “Restrictions” clause, and to disclose such information to law enforcement agencies as NYC Kids RISE reasonably believes is necessary.
This Site may include links to third party websites and resources (“Third Party Sites”). Links to Third Party Sites are provided solely as a convenience to you, and do not constitute an endorsement by NYC Kids RISE of any content of such Third Party Sites. Different terms and conditions may apply to your use of any Third Party Sites. NYC Kids RISE is not responsible for any losses, damages or other liabilities incurred as a result of your use of any Third Party Sites.
Third Party Features
THIS SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NYC KIDS RISE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING (I) THE SITE OR THE CONTENT AVAILABLE ON THE SITE; (II) ANY THIRD PARTY SITES OR THIRD PARTY FEATURES; (III) THE RESULTS OBTAINED OR TO BE OBTAINED FROM THE SITE; (IV) THE ACCURACY, COMPLETENESS, SECURITY, AVAILABILITY OR TIMELINESS OF THE SITE OR ITS CONTENT; OR (V) THE ABSENCE OF ANY VIRUSES OR OTHER MALWARE IN THE SITE. YOU ACKNOWLEDGE THAT ALL CONTENT IS FOR INFORMATIONAL PURPOSES ONLY AND YOU ARE USING THE SITE AT YOUR OWN RISK.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NYC KIDS RISE OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, SPECIAL OR ANY OTHER DAMAGES, ARISING OUT OF OR RELATED IN ANY WAY TO THE SITE OR ITS CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, DELICT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT NYC KIDS RISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.