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New York Habitat's Terms of Use

ACCEPTANCE OF TERMS OF USE

PLEASE READ THE FOLLOWING TERMS OF USE ("TERMS OF USE") CAREFULLY BEFORE USING NEW YORK HABITAT'S WEBSITE ("WEBSITE") AND THE SERVICES OFFERED BY NEW YORK HABITAT. THIS AGREEMENT SETS LEGALLY BINDING TERMS AND CONDITIONS FOR USE OF THE WEBSITE, AS WELL AS ALL SERVICES PROVIDED ON THE WEBSITE.

Use of the Website signifies the user's agreement to these "Terms of Use" and the privacy policy.

Last Modified: May 31, 2013.

ELIGIBILITY

Individuals who are 13 years old and older may submit requests to New York Habitat through this Website. However, please note that in order to enter into a rental agreement, you must be 18 years old or older. For more information on age requirements, please see our privacy policy.

TERMS OF USE

All rights, title and interests in this Website and any content contained herein is the exclusive property of, or used further to license by, New York Habitat, except as otherwise stated. Unless otherwise specified, this Website is strictly for your personal use only. You may print, copy and download any information or portion of this Website only for such personal use. All materials on this Website, including but not limited to audio, images, software, text, and video clips (the "Content"), are protected by copyright under U.S. copyright law, international conventions, and other copyright laws. You cannot use the Content, except as specified herein. You agree to follow all instructions on this Website limiting the way you may use the Content. There are a number of proprietary logos, service marks, and trademarks found on this Website. By making them available on this Website, New York Habitat is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

If you copy or download any information or materials from this Website, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information. You may reproduce information on this Website, so long as you clearly indicate that it belongs to New York Habitat, you do so in good faith and in a proper manner and provided that it does not damage New York Habitat's reputation or take advantage of it.

Moreover, you may link to this Website, provided you do so in a way that is in good faith and in a proper manner and does not damage New York Habitat's reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

This Website must not be framed on any other site.

New York Habitat reserves the right to withdraw linking permission without notice.

For any inquiries or questions, you may contact us at 212-255-8018 or send us an email at info@nyhabitat.com.

RESPONSIBILITY FOR USER'S MATERIAL

You are prohibited from posting or transmitting any defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Although New York Habitat may from time to time monitor or review bulletin boards, chat-rooms, discussions, postings, transmissions, forums, and the like on this Website, New York Habitat is under no obligation to do so and assumes no liability or responsibility arising from the contents of any such communications or for any defamation, error, inaccuracy, libel, obscenity, or profanity contained in any such communication. New York Habitat may change, edit, or remove any user material or conversations that are illegal, indecent, obscene, or offensive, or that violate New York Habitat's policies in any way. New York Habitat will fully cooperate with law enforcement authorities or any court order requesting or directing New York Habitat to disclose the identity of anyone posting such materials.

PERSONAL INFORMATION, CREDIT CARD INFORMATION

Certain areas of this Website may require registration or may otherwise ask you to provide information to participate in certain features or to be able to access certain Materials or User Content. Your decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Materials or User Content or participate in certain features. When you provide information to this Website, you agree to provide only true, accurate, current and complete information and to update it as necessary to maintain its truth and accuracy.

We contract with outside services/third-party web/sites to process online payments. The standard way these sites work is that they encrypt your credit card number and other information using Secure Socket Layer (SSL) technology, which guarantees secure transmission of information. They are not allowed to use data that they collect for payment for any other purpose. Through payment on third party websites, you accept the terms and conditions applicable to that Service in accordance with their applicable Service Agreement. Should you experience any problem with a third-party site in connection with your payment intended for New York Habitat, or if you have a documentable reason to suspect that your information is being used by such site for any purpose other than those for which you provided the information, please promptly furnish us with a detailed account of the incident together with your contact information at info@nyhabitat.com.

DISCLAIMERS

Internet transmissions are never completely private or secure. You understand that any message or information you send to this Website may be read or intercepted by others, unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code). Sending a message to New York Habitat does not cause New York Habitat to have any special responsibility to you. Although much care is taken to ensure the confidentiality of this Website's content, New York Habitat makes no warranty or representation regarding the confidentiality of any communication or information transmitted on this Website or of any site linked to this Website. You agree that neither New York Habitat nor any other providers related to this Website are responsible for the confidentiality of any information. You likewise agree that neither New York Habitat nor any providers related to this Website are responsible for any damages that may arise from disclosure of such information. New York Habitat disclaims all warranties, express or implied, with regard to all services offered through this Website.

By accessing this Website, you represent that your activities in any way bearing upon your use of this Website are legal in the jurisdiction in which you use the Website. New York Habitat is not responsible for any damages of any kind that result from your use of this Website. This includes loss of use of your computer or other equipment connected to this Website or of data that has been inputted or connected to this Website and/or that in any way arises out of your use of this Website.

YOUR USE OF THE WEBSITE

You agree that you will not, through any means, interfere or attempt to interfere with the proper functioning of this Website.

New York Habitat and any other providers related to this Website are not responsible for communication malfunctions, failures, difficulties, or lost, stolen, or misdirected, transmissions, messages or entries, or the security of any such communications. Further, New York Habitat and any other providers related to this Website are not responsible for incorrect or inaccurate entry information, whether caused by user(s) or by any of the equipment or programming associated with this Website, or by any technical or human error that may occur in the processing of any information related to the Website. New York Habitat and any other providers related to this Website may cancel or modify transactions where it appears that a User has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the transactions contain or resulted from a mistake or error.

LINKS TO THIRD PARTIES WEBSITES

This Website may contain links and pointers to other internet sites, resources, and sponsors of this Website. Links to and from this Website to other sites, maintained by third parties, do not constitute an endorsement by New York Habitat of any third parties, the third-party sites or the contents thereof. New York Habitat may also provide plug-ins and other tools to allow interaction between the Website and a third party site, such as a Social Media Site. New York Habitat is not responsible in any way for such third-party sites or resources, and your use of such sites and resources will not be governed by these Terms of Use.

GOVERNING LAW

THESE TERMS OF USE AND THEIR INTERPRETATION WILL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO ANY CONFLICT OF LAWS. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO NEW YORK HABITAT, THE USE OR ACCESS THE WEBSITE, OR THESE TERMS OF USE IS IN THE STATE OR FEDERAL COURTS LOCATED IN NEW YORK COUNTY, NEW YORK. YOU AGREE AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK FOR ANY SUCH LEGAL PROCEEDING.

INDEMNIFICATION

To the extent allowed by applicable law, you agree to defend, indemnify, and hold New York Habitat and its employees not responsible for and against all claims, damages, costs, liabilities, judgments, costs and attorneys fees etc. that directly or indirectly are related to: (1) your use of this Website, (2) the use of a rental accommodation by you obtained through or by reason of your use of this Website, including any losses or damages arising as a result of your rental. This indemnification agreement will survive after your use of this Website.

VIOLATION OF THESE TERMS OF USE

New York Habitat appreciates those who use this Website in good faith and allows for individuals to use it in a proper manner. However, New York Habitat reserves the right at all times to disclose any information that New York Habitat deems necessary to comply with any legal process or request from a government entity. If there is a law that requires the disclosure of information pertaining to a User or a third party, New York Habitat may disclose such information when deemed necessary. New York Habitat reserves the right to disclose information for fraud protection purposes.

By using this Website, you are acquiescing that New York Habitat has the right to retain and/or store any communications on this Website or any communications through any services offered by New York Habitat. New York Habitat may disclose any communications or other kinds of transmissions for the purpose of enforcing these Terms of Use, protecting New York Habitat, or responding to claims of any violations.

Should New York Habitat deem it necessary, based on a violation of its Terms of Use, New York Habitat may, without prior notice, terminate your access to this Website. Any violation of these Terms of Use is unlawful and may cause severe harm to New York Habitat. Should monetary or injunctive relief be deemed necessary, you agree to provide such relief. New York Habitat may take legal action against those who violate these Terms of Use. You agree that you will be responsible for payment of all reasonable attorneys' fees and all costs of litigation in respect of any legal action brought for violating these Terms of Use. This is in addition to any other relief that the court should grant New York Habitat. Once you have violated these Terms of Use, and New York Habitat has terminated your access to this Website, New York Habitat is not liable to you or to any third party for claims or losses in any way related to the termination of access to this Website.

MISCELLANEOUS

New York Habitat's failure to respond to a breach of these Terms of Use shall not constitute a waiver and will not limit New York Habitat's rights in terms of that breach or any future breaches. No waiver by New York Habitat will be enforceable unless it is in writing and signed by a duly authorized representative of New York Habitat.

New York Habitat retains the right to change these Terms of Use at any time, without any notice. Continued use of this Website after any changes are made to these Terms of Use is deemed as an acceptance of our amended terms.

Please see our privacy policy for additional information.

These Terms of Use were written in English. If there is any conflict or difference between the German, Spanish, French and Italian version of the Terms of Use and its English version, the English version prevails. If any part of the German, Spanish, French and Italian version is unclear, reference should be made to the English version. The German, Spanish, French and Italian version may not be translated into English for the purpose of comparing with or interpreting the English version.

FEEDBACK AND INFORMATION

Any feedback you provide at this Website shall be deemed to be non-confidential within New York Habitat. New York Habitat shall be free to use such information in good faith on an unrestricted basis.

The information contained in this Website is subject to change without notice.

If you have any questions or comments, please contact us at:
New York Habitat, 307 Seventh Avenue, Suite 306, New York, NY 10001, USA
Phone: +1 (212) 255-8018 | Fax: +1 (212) 627-1416 | Email: info@nyhabitat.com