Empire State Magazine Terms of Service

Welcome to Empirestatemagazine.com ("Service"), an online service of Landmark Directory, Inc. Your use of the Service will be subject to the terms of this Terms of Service Agreement (TOS). The TOS may change from time to time. Use of service after a change will subject you to the new terms. IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE THE SERVICE AS VIOLATION OF THE TERMS CAN LEAD TO LEGAL LIABILITY.

Participation and Conduct

During the term of this Agreement, Empirestatemagazine.com grants to you a terminable, at-will, non-exclusive license to use and display the Service, and to download materials available through the Service, all solely for your personal, non-commercial use. You may not transfer, assign, sub-license, lend, or re-sell the rights granted under this license. You may not link to our site if you sell ads on your site or you charge a subscription fee to use or access your site. No deep linking directly to articles is permitted if you sell ads on your site or you charge a subscription fee to use or access your site. Any use in violation of these limits shall constitute a violation of the terms of this license. Absolutely no framing of our site is permitted.

You may participate in any forums or messaging threads offered through the Service, but you agree not to post any material the content of which (i) is defamatory, libelous, obscene, indecent, abusive, threatening to others, or in violation of any law; or (ii) infringes the copyright, trademark right, or other intellectual property right of any third party. You will be solely responsible for all content that you post on the Service.

You agree to indemnify Landmark Directory and its officers and employees from and against all liabilities, judgments, damages, and costs (including attorney's fees) incurred by any of them which arise out of or are related to the content that you post. Forums and messaging are intended only for the personal use of subscribers, and may not be used for commercial purposes or for organized political activity.

Empirestatemagazine.com reserves the right to monitor content posted on the Service, and to modify or remove any messages or postings that it deems, in its sole discretion, to be abusive, defamatory, in violation of the copyright, trademark right, or other intellectual property right of any third party, or otherwise inappropriate for the Service. Empirestatemagazine.com also reserves the right to edit or modify any submissions in response to requests for feedback, Letters to the Editor, or other commentary. Notwithstanding the foregoing, Empirestatemagazine.com is not obligated to take any such actions, and will not be responsible or liable for content posted by any subscriber in any forum, message board, or other area within the Service.

Copyright and Trademarks

The Service is the personal property of Landmark Directory. Landmark Directory retains the right to bar any individual or entity from the Service. Accessing the Service after being barred shall constitute an act of trespass. The Service and all materials published therein, including but not limited to articles, graphical images, interactive applications, audio clips, and video clips (collectively, the "Content"), are protected by copyright and are owned by Empirestatemagazine.com or its licensors. You may not modify the Content or re-publish, re-transmit, or otherwise distribute directly or via links any Content to any third person except for your personal, non-commercial use, as permitted by the license granted above. It is understood that some of the content appearing on the site is news and as such releases are not obtained from individuals or entities for the use of the name, likeness, or trademarks. It is your sole obligation to a) determine if your uses require releases or permission, and b) to obtain the necessary releases.

Empirestatemagazine.com and their respective logos are trademarks of Landmark Directory, Inc.. All other trademarks on the Service are the property of their respective holders.

By using the Site you acknowledge and agree that Landmark Directory and its affiliates shall have no liability for any cost, damage or harm arising directly or indirectly in connection with any of the Products ordered or received through this Site or through links on this Site or from any action or inaction of any Vendor.

Intellectual Property Infringement Claims

It is the policy of Landmark Directory to respond expeditiously to claims of intellectual property infringement. Landmark Directory will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws, up to and including blocking or removing the offending content. Landmark Directory will terminate access for subscribers and account holders who are repeat infringers.

Please direct any notices of claimed copyright infringement to copyright@empirestatemagazine.com or the person or entity at the addresses and telephone number below:

Randal Manthei
Landmark Directory, Inc.
141 West 42nd Street
New York, NY 10023
Tel.: 212.724.2213
Fax: 212.724.1359
Permissions

All requests for licensing, reprints, linking and other usage of material on empirestatemagazine.com should be addressed to ran@empirestatemagazine.com. We will review your request, and provide you with an approval or rejection as soon as we have evaluated the request. We will attempt to approve or disapprove within 24 hours of each request.