These website Terms are not intended to alter the terms or conditions of any content license agreement you may have with The Only Agency, The Residency or its subsidiaries or affiliates, or divisions, and to the extent of any conflict, the terms of your content license agreement will prevail.
DISCLAIMER AND LIABILITY
WAIVER AND SEVERABILITY
NOTICE AND TAKE DOWN PROCEDURES
The content on the Websites, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from The Only Agency’s licensors, and other materials (the “Contents”) is protected by intellectual property rights under both United States and foreign laws. Ownership of the Contents remains with The Only Agency or our licensors. All rights not expressly granted herein are reserved to The Only Agency and its licensors. Any reproduction, modification, distribution, transmission, republication, display or performance of the Contents contained on the Websites, or the creation of any derivative works therefrom, in any manner is strictly prohibited. Additionally, you shall not reverse engineer, alter or modify any part of the Websites or the Contents or circumvent, disable or otherwise interfere with security-related features of the Websites or any system resources, services or networks connected to or accessible through the Websites. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside. You may not use the Websites for any purpose that is unlawful or prohibited by these Terms, including to defame, harass, stalk, threaten, abuse or otherwise violate the rights of a third party as defined by applicable law. You agree that you will not remove or modify any acknowledgements, credits or legal notices contained on the Websites or in the Contents. Where applicable, you shall include the following copyright notice: “Copyright © 2019, The Only Agency, Inc. All rights reserved”.
The Only Agency does not accept unsolicited submissions of any kind. All submissions may be deleted unread or destroyed, at The Only Agency’s discretion. You hereby grant to The Only Agency an irrevocable, perpetual, royalty-free license (including the right to sublicense to third parties) to exercise the intellectual property rights in any submissions made by you or on your behalf in connection with the Websites.
Except for Internet Websites maintained b The Only (or by divisions, subsidiaries or affiliates thereof), the websites to which links are provided in the Websites are not under the control of The Only Agency and The Only Agency assumes no responsibility for the content, advertising, services, products, or other materials on or available from such websites, or for any potential damage arising out of or in connection with the use of any such link. The Only Agency provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation or endorsement. When you leave the Websites, you should be aware that our terms and policies no longer govern.
Your use of and browsing on the Websites are done at your own risk. Neither The Only Agency, its affiliates, subsidiaries, or divisions, nor any other party involved in creating, producing or delivering the Websites shall be liable under any circumstances for any direct, indirect, incidental, consequential or punitive damages arising out of or in connection with your access to, or use of, the Websites or its Content. The Only Agency makes no representation or warranty as to the accuracy, completeness, adequacy, timeliness or usefulness of the Contents of the Websites, nor does The Only Agency promise that the Websites will remain available. The Only Agency reserves the right at any time to terminate all or any portion of the Websites without notice to you. We do not guarantee that the Websites will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access the Websites. The Only Agency will not be liable for any loss or damage caused by a virus, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Websites or to your downloading of any Contents on it, or on any website linked to it.
Without limiting the foregoing, everything on the Websites are provided “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. Please note that in some states, the law may not permit the foregoing disclaimer of warranties, so the above disclaimer may not apply to you. Check your local laws.
You will be responsible for and will be liable to us and indemnify us against any loss or damage suffered by The Only Agency as a result of your use of the Websites or Contents other than as permitted under these Terms. You agree to indemnify us in full against any third party liabilities, claims, costs, loss or damage incurred as a result of any breach by you of these Terms.
Subject to the provisions of applicable law, these Terms are governed in accordance with the laws of New York, United States of America, without regard to its conflict of law provisions. You and The Only Agency hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts of New York County, New York, United States of America for the adjudication or disposition of any claim, action or dispute arising out of these Terms.
In accordance with the Digital Millennium Copyright Act (“DMCA”), if you believe the Contents accessible on or from the Websites infringes your intellectual property rights, you may request removal of Content (or access thereto) from the Websites by contacting Great Bowery and providing the following information:
- Identification of the work that you believe to be infringed.
- Identification of the Content that you believe to be infringing your intellectual property rights and its location.
- Your name, address, telephone number, and (if available) email address.
- A statement that you have a good faith belief that the complained-of use of the work is not authorized by the intellectual property rights owner, its agent, or the law;
- A statement (accompanied by a physical or electronic signature) that the information you have supplied is accurate, and indicating that “under penalty of perjury,” you are the intellectual property rights owner or authorized representative of the intellectual property rights owner.
The Only Agency logo, and any other product or service name or slogan contained in the Websites are trademarks of The Only Agency and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of The Only Agency or the applicable trademark holder. In addition, the look and feel of the Websites may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Websites are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, or sponsorship.