THIS USER AGREEMENT is a legal document. Please read it carefully before you accept or use any of the tools, services, or products offered via this site. Any use of this site by you is your express indication that you have read, understood and agreed to be bound by the terms and conditions of this Agreement. You must read this document each time that you return to this site.
1. NewYorkJourney.com is not a licensed seller of travel services but a business engaging in referrals to licensed travel service providers, and New York entertainment shows and opportunities, via various affiliate or referral arrangements and contracts. In the event of any dispute between you and your travel service provider, airline, hotel or any other service provider operating in the travel or guest industry you agree to hold NewYorkJourney.com harmless from any such disputes. Any usage of any tool, service, or product provided to you via any third party site, link, or other referral is provided "As Is" unless otherwise stated by such third party provider. Your right to use this site is non-transferable. You agree that NewYorkJourney.com operates strictly as an advertiser of travel related services and products and not as a provider of such services. You may also be provided with the opportunity to purchase show tickets via links, tools, or connections offered by this site. You agree that NewYorkJourney.com is not responsible for any losses regarding cancellation of any shows that you book and that your sole remedy is against the agency who we refer you to who sells the show tickets to you and you agree to hold NewYorkJourney.com harmless from any claims of loss relating to show tickets.
2. Intellectual Property: all of the content contained on this site is protected by various intellectual property laws such as copyright, trademark, service mark and other State and Federal intellectual property protections. You may not publish, copy, or distribute any of the content on this site without the express, written permission of the intellectual property owners. Various trademarks and service marks may appear on this site and you are not allowed to use or alter any such trademarks or service marks without the express permission of the relevant owner of any such mark(s).
3. You are allowed to use this site in accordance with the terms and conditions of this Agreement, however, we may revoke your right to use this site at any time for any reason with no notice to you. You may not use this site to create fraudulent reservations or to engage in speculation regarding airline reservations or any other travel or hotel reservations in anticipation of demand. You may not use this site for any type of commercial practices or businesses other than normal business or personal travel arrangement. You may not use the services provided via this site for any unlawful activity of any nature. Your right to use this site is non-transferable. You expressly agree to refrain from using automated systems such as "robots", "spiders," scripts, and programs to data mine, copy, or transfer any content or data from this site or use any of the tools or services available on this site. You agree that you will not "hack", deface, or harm this site, or interfere with the operations of this site via denial of service attacks or any activity whatsoever.
4. You agree to refrain from transmitting any racist, "hate," indecent, harmful, obscene or unlawful text, graphics, or other media via this site, including viruses or other harmful programs. You must be at least 18 years of age or have reached the age of majority in your jurisdiction and legally able to enter into a binding contract to use this site. You are responsible for the protection of your credit card and personal data in that you must maintain reasonable security over your password and ID, should these be issued to you at this site, and you must also accept the risk of loss of any privacy that occurs because of the illegal activity of any third person who successfully intercepts any such data despite all reasonable efforts by this site or our service providers to protect that data. You are financially responsible for all use of this site that is done in your name, using your credit card information and other personal information, including your password and user ID. From time to time your communications or transmissions may be monitored to ensure safety, accuracy and efficiency of our services, and to avoid a risk of harm to our site, our partners, or your fellow site users.
6. THIS SITE AND ALL SERVICES AND PRODUCTS OFFERED TO YOU VIA THIS SITE ARE PROVIDED ON AN "AS IS" BASIS. NO WARRANTIES OF ANY TYPE, EXPRESS OR IMPLIED, ARE PROVIDED FOR YOU AND SPECIFIC WARRANTIES SUCH AS FITNESS OF PURPOSE, NON-INFRINGEMENT AND MERCHANTABLITY ARE HEREBY DISCLAIMED. WE DO NOT WARRANT THAT THIS SITE, THE SITE'S OF OUR BUSINESS PARTNERS AND AFFILIATES, AND ANY EMAIL SEND TO YOU BY THIS SITE OR BY ANY BUSINESS OR PERSON THAT YOU CONTACT THROUGH THIS SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL OR OFFENSIVE CONTENT, INCLUDING TEXT OR GRAPHIC OR OTHER MEDIA CONTENT AND YOU AGREE TO HOLD US HARMLESS REGARDING THE SAME. VARIOUS STATE LAWS MAY AFFECT THE LEGAL IMPACT OF THE PRECEDING DISCLAIMERS.
7. YOU AGREE TO HOLD THIS SITE, THE OWNERS OF THIS SITE, AND ALL EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, INVESTORS AND PARTNERS HARMLESS REGARDING ANY INJURY, LOSS, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTAIL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST INCOME, LOST MONIES OF ANY NATURE, WHICH ARISES OUT OF YOUR USE OF THIS SITE OR THE USE OF ANY TRAVEL RELATED SERVICE OR ANY SERVICE OR PRODUCT OFFERED TO YOU FROM ANY OF OUR PARTNERS OR ANY COMPANY THAT WE REFER YOU TO VIA THIS SITE OR THAT YOU REACH VIA THIS SITE. YOU AGREE THAT THIS SITE, AND THE BUSINESS THAT OPERATES THIS SITE, INCLUDING ALL OWNERS, EMPLOYEES, OFFICERS AND DIRECTORS, ARE NOT RESPONSIBLE FOR ANY DELAY IN TRAVEL, INCORRECT RESERVATIONS, LOST RESERVATIONS, CANCELLED RESERVATIONS, DISRUPTION IN TRAVEL, OR ANY ERRORS COMMITTED BY ANY BUSINESS THAT YOU ARE REFERRED TO VIA THIS SITE. THIS SITE IS NOT RESPONSIBLE FOR THE CONTENT, TOOLS, PRODUCTS OR SERVICES THAT YOU OBTAIN BY FOLLOWING ANY LINKS OR ARE OTHERWISE INFORMED ABOUT FROM THIS SITE. WE DO NOT GURANTEE THAT THIS SITE WILL ALWAYS BE AVAILABLE WHEN YOU WISH TO USE IT, AND MAY NOT PERFORM ACCORDING TO YOUR EXPECTATIONS, INCLUDING YOUR INABILITY TO USE ANY PORTION OF THIS SITE TO SCHEDULE OR CHECK RESERVATIONS, CANCEL RESERVATIONS, OR TICKETING. YOU AGREE THAT WE ARE NOT RESPONSIBLE FOR THE ACTIONS OFANY CARRIER, OR SERVICE PROVIDER YOU ARE REFERRED TO VIA THIS SITE, INCLUDING ANY LACK OF PERFORMANCE DUE TO BANKRUTPCY, INSOLVENCY, DISSOLUTION, LIQUIDATION, REORGANIZATION, OR POOR BUSINESS PRACTICES. IF, NOTWITHSTANDING THE FOREGOING, THIS SITE OR ANY THIRD PERSON PROVIDER OR DISTRIBUTOR BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF ANY BUSINESS CONDUCTED AT OR THROUGH THIS SITE, YOU AGREE THAT ALL DAMAGES SHALL BE LIMITED TO THE SUM OF ONE HUNDRED DOLLARS, SUBJECT TO THE LAWS OF YOUR STATE OF RESIDENCY. YOU AGREE TO IDEMNIFY THIS SITE, AND THE OFFICERS, EMPLOYEES, DIRECTORS AND INVESTORS OF THIS SITE FROM ANY LIABLITY OVER THE AMOUNT OF ONE HUNDRED DOLLARS (CDN)
8. The relationship between you, the user, and this site, is one of Independent Contractor. No employment, agency, partnership or other business relationship other than an Independent Contractor relationship is created by using the tools and services provided by this site or referred to via this site.
9. In the case of any dispute between you, the user, and this site or the business that operates this site, the governing law shall be the law of Ontario, Canadaregard to its conflicts of laws provisions and you consent to the exclusive jurisdiction of the Province and National courts located in Ontario, Canada and in the City in which the offices of this site are located. The jurisdiction for all legal disputes shall be in the same State, and all legal filings, hearings, and trials in any legal dispute shall take place in Ontario, Canada or in another location mutually agreeable to all parties. You agree that any claim of any nature that you have regarding any dispute with this site must be filed in a court of law of proper jurisdiction within two years from the date on which any such claim or action arose or accrued.
10. We may terminate this User Agreement at any time for any reason. Such termination will not affect any rights to relief afforded or established by this Agreement or under law. However, any rights attributed to you via this Agreement will revert to this site or third party providers, as applicable, upon our termination of this User Agreement with you, and any such termination does not require actual notice to you.
11. MODIFICATION. We may at any time modify these terms and conditions and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use. Do not use this site unless you read this Agreement prior to each use.
12. ADDITIONAL TERMS. Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions.
13. SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
14. HEADINGS. The headings used in this User Agreement are included for convenience only and will not limit or otherwise affect the terms and conditions herein.
15. STAR RATING. The star rating for each property corresponds with the star rating from our affiliate partners.
16. ENTIRE AGREEMENT. This User Agreement, together with any terms and conditions incorporated herein or referred to herein constitute the entire agreement between us relating to the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this site.