Welcome! We are NY Tech Meetup (referred to here forward as NYTM), a U.S. 501(C)6 non-profit organization in New York City. Our mission is to connect, educate and serve the technology community of New York City. NY Tech Meetup is subject only to U.S. laws and jurisdiction.
Below is NYTM’s Terms of Service and is a contract between you and NYTM when you use NYTM’s sites, services, and products. If you have any questions or suggestions, feel free to email us at [email protected]
Accepting the Terms of Service
Modifications to this Agreement
NYTM reserves the right, in its sole discretion, to modify this Agreement at any time by posting a revised Agreement through the Services and by providing notice to you that this Agreement has changed, generally via e-mail where practicable, and otherwise through the Services (such as through a notification in your nytm.org Dashboard). You are responsible for reviewing and becoming familiar with any modifications to this Agreement. Modifications are effective when posted, and your use of the Services following any such posted modification and notice of same constitutes your acceptance of the terms and conditions of this Agreement as modified.
Use of the Services
Eligibility: No individual under the age of eighteen (18) may use the Services or provide any information to NYTM or otherwise through the Services (including, for example, a name, address, telephone number, or email address). You otherwise may only use the Services if you can form a binding contract with NYTM and are not legally prohibited from using the Services.
Service Changes and Limitations:
The Services change frequently, and their form and functionality may change without prior notice to you. NYTM retains the right to create limits on and related to use of the Services in its sole discretion at any time with or without notice. NYTM may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability. NYTM may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, database, or Content (as defined below). NYTM may also suspend Accounts (as defined below) at any time, in its sole discretion.
Limitations on Automated Use:
You may not do any of the following while accessing or using the Services: (a) access, tamper with, or use non-public areas of the Services, or the computer or delivery systems of NYTM and/or its service providers; (b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; (c) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by NYTM (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with NYTM, or unless permitted by NYTM's robots.txt file or other robot exclusion mechanisms; (d) scrape the Services, and particularly scrape Content (as defined below) from the Services, without NYTM's express prior written consent; (e) use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or e-mail headers; or (f) interfere with, or disrupt, (or attempt to do so), the access of any Member, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.
Registration and Security
As a condition to using certain of the Services, you may be required to create an account (an "Account") and select a password and NYTM username.
You should provide NYTM with accurate, complete, and updated registration information, particularly your e-mail address, and failure to do so may result in suspension of your Account.
You agree that you shall not select or use as a NYTM username of another person or entity with the intent to impersonate that person or entity or with the intent to otherwise cause confusion as to the origin or provenance of your Account. NYTM reserves the right to refuse registration of, cancel, or modify a NYTM URL in its sole discretion.
You are also responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you will notify NYTM immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password.
Compliance with Community Guidelines:
You agree that you won't post Member Content that violates, or otherwise use your Account in ways that violate, NYTM's Community Guidelines.
Some of the Services require payment of fees (the "Paid Services"). All fees are stated in United States dollars. You shall pay all applicable fees, as described in the applicable Services, in connection with such Services, and any related taxes or additional charges. Paid Services are limited licenses for you to use particular for-pay aspects of the Services. Usage of terms like sell, sale, buy, purchase, or similar terms all refer to your acquisition of a license to use Paid Services, and do not represent any transfer of any right, title, or ownership interest of any kind. You may not relicense, resell, transfer, or exchange Paid Services within or outside of the Services, except as expressly allowed by the rules of the Services.
NYTM may, in its sole discretion, modify the functionality of, or eliminate, Paid Services, or the terms and conditions under which Paid Services are provided.
Purchases of Paid Services are final and refundable in accordance to NYTM’s payment and refund policy. Termination of your Account or your rights under this Agreement may result in forfeiture of existing Paid Services.
NYTM may change its prices for Paid Services at any time. To the extent applicable, NYTM will provide you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Paid Service and/or by sending you email notification. If you do not wish to pay the new prices, you may choose not to purchase, or to cancel, the applicable Paid Service prior to the change going into effect.
Warranty Disclaimer; Services Available on an "AS-IS" Basis Your access to and use of the Services or any Content is at your own risk. you understand and agree that the services are provided to you on an "as is" and "as available" basis. without limiting the foregoing, to the full extent permitted by law, nytm disclaims all warranties, express or implied, of merchantability, fitness for a particular purpose, or non-infringement. NYTM makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. NYTM also makes no representations or warranties of any kind with respect to Content; Member Content, in particular, is provided by and is solely the responsibility of, the Members providing that Content. No advice or information, whether oral or written, obtained from NYTM or through the Services, will create any warranty not expressly made herein.
Release From Liability
You release, to the fullest extent permitted by law, NYTM, its directors, officers, employees, representatives, consultants, agents, suppliers, and/or distributors from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with the following:
- Disputes between Members, including those between you and other Members.
- Third party sites and services, including content found on such sites and services.
- Disputes concerning any use of or action taken using your Account by you or a third party.
- Claims relating to the unauthorized access to any data communications or Content stored under or relating to your Account, including unauthorized use or alteration of such communications or your Content.
- Claims relating to in any way to any face-to-face meetings in any way related to NYTM at any venues ("Live Events"), including without limitation claims related to the actions or omissions of any Members or third parties who organize, attend, or are otherwise involved in any Live Events
Limitation of Liability
to the maximum extent permitted by applicable law, nytm, its directors, officers, employees, representatives, consultants, agents, suppliers, and/or distributors shall not be liable for: (a) any indirect, incidental, exemplary punitive, or consequential damages of any kind whatsoever; (b) loss of: profits, revenue, data, use, good-will, or other intangible losses; (c) damages relating to your access to, use of, or inability to access or use the services; (d) damages relating to any conduct or content of any third party or member using the services, including without limitation, defamatory, offensive or illegal conduct or content; and/or (e) damages in any manner relating to any content. this limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not nytm has been informed of the possibility of such damage, and further where a remedy set forth herein is found to have failed its essential purpose.
to the maximum extent permitted by applicable law, the total liability of nytm and its directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors, for any claim under this agreement, including for any implied warranties, is limited to the greater of fifty dollars (us$50.00) or the amount you paid us to use the applicable service(s).
Exclusions to Warranties and Limitation of Liability
Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability as set forth in Section above, so the limitations above may not apply to you.
Either party may terminate this Agreement at any time by notifying the other party. NYTM may also terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement. In particular, NYTM may immediately terminate or suspend Accounts that have been flagged for repeat copyright infringement.
Upon termination of your access to or ability to use a Service, including but not limited to suspension of your Account on a Service, your right to use or access that Service and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to NYTM or any third party.
You and NYTM agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Services in accordance with this Section or as you and NYTM otherwise agree in writing. Before resorting to litigation, we strongly encourage you to contact us directly at [email protected] to seek a resolution.
Law and Forum for Legal Disputes:
This Agreement shall be governed in all respects by the laws of the State of New York as they apply to agreements entered into and to be performed entirely within New York between New York residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against NYTM must be resolved exclusively by a state or federal court located in New York County, New York, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within New York County, New York for the purpose of litigating all such claims or disputes.
This Agreement, as modified from time to time, constitutes the entire agreement between you and NYTM with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and constitutes the entire and exclusive agreement between the parties. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable, or sublicensable by you except with NYTM's prior written consent. NYTM may assign this Agreement in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind NYTM in any respect whatsoever. Any notice to NYTM that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to NYTM, 175 Varick Street New York, NY 10014.
Special Provisions for Members Located Outside of the United States
NYTM's operations are located in the United States, and NYTM's policies and procedures are based on United States law. As such, the following provisions apply specifically to Members located outside of the United States: (1) you consent to the transfer, storage, and processing of your information, including but not limited to Member Content and any personal information, to and in the United States and/or other countries; and (2) if you are using the Services from a country embargoed by the United States, or are on the United States Treasury Department's list of "Specially Designated Nationals," you agree that you will not conduct any commercial activities using or through the Services.
As NYTM grows and improves, we might have to make changes to the Terms of Service. When we do, we'll let you know. We're also going to make it a practice to post old versions so it's easy to see changes/additions/deletions. To see old versions, scroll down to the end of this document.
It's really important that the email address associated with your NYTM Account is accurate and up-to-date. If you ever forget your password - or worse, fall victim to a malicious phishing attack - a working email address is often the only way for us to recover your account.