This agreement is made on the date you register with this site, and is by and between locationsNY.com and purchasers of our services.
locationsNY.com (COLLECTIVELY "locationsNY.com", "US", "WE", "OUR") IS A SERVICE PROVIDED TO THE LOCATION OWNER (COLLECTIVELY "YOU", "YOUR") UNDER THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. THIS AGREEMENT APPLIES TO REGISTRATION FOR OUR SEVICES MADE THROUGH THE locationsNY.com WEB SITE, AND PHONE ORDERS PLACED DIRECTLY WITH locationsNY.com SALES PERSONNEL. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
1.APPLICABILITY:
This site has two types of users – location owners who post photographs of their property on the site for filming, and location professionals who register to access the posted location information. These Terms & Conditions apply to both types of users. Any user who uses this site agrees to abide by all of the Terms & Conditions set forth below.
Any utilization of locations posted on this website is in the sole and exclusive discretion of location professionals/production companies who access the postings on this website. locationsNY.com makes no representations or warranties as to whether your location will be chosen for utilization by any location professional or production facility or the frequency of such use. Should your property be selected for use, you maintain the sole and exclusive right to negotiate the terms and conditions for the utilization of your property location. locationsNY.com shall not be responsible for any occurrences, events, or damages incurred, in connection with the usage of your location by any production facility.
2. ACCEPTANCE OF TERMS
By placing an order through locationsNY.com you agree to be bound by all of the terms and conditions set forth in this agreement. All communications and transactions initiated through locationsNY.com will be governed by these terms and conditions as the entire, exclusive and definitive agreement between you and locationsNY.com.
locationsNY.com reserves the right, in its sole discretion, to modify, alter, or otherwise update these terms and conditions at any time without notice. Such changes shall become effective upon publication at this Web site.
3. MEMBERSHIP TERM:
The term of your membership begins on the date that you register as a member of locationsNY.com and will continue for a period of one year. You may opt to renew your membership for additional one year terms on each anniversary of the commencement of your membership.
4.SERVICES-CHARGES
For location owners, your total order price includes a photo session and the posting of photos and information concerning your location on our website as set forth below. locationsNY.com will determine the method, details and means of performing these services.
There are no charges to location professionals to register to use the site.
| Single Family Home | Commercial Location | |
| Photo session | $ 600.00 | $ 950.00 |
| Web hosting (First year) | Free | Free |
| Renewals | First mo. $350, 11 mo. free | First mo. $600, 11 mo. free |
| * Package deals and/or other charges can be paid for now or at the time of the photo session. | ||
5. PAYMENT
locationsNY.com will, unless otherwise agreed, only accept payment via credit card. At the time your order is placed, locationsNY.com obtains a confirmation from the credit card company as to the validity of the credit card. Credit card billing occurs, unless otherwise agreed, when your photos are posted. If you default in any payment, locationsNY.com may withhold or remove your posting, or cancel the contract with you and retain any payments on account already received under this or any other contract with you.
6. PHOTOGRAPHS TAKEN BY locationsNY.com
By engaging locationsNY.com to take the photographs for the web site, location owner authorizes locationsNY.com to enter onto the property at a mutually agreeable time and to take photographs and post the photographs for the use of location companies/scouts. All such photographs (including negatives and reprints) shall be and remain the sole and exclusive property of locationsNY.com. You agree to comply with all reasonable requests made by us necessary to the performance of our obligations under this Agreement.
7.INSURANCE
locationsNY.com agrees to provide insurance for it’s employees and agents and agrees to hold you harmless for any claims arising out of any injury or disability occurring to any of our agents or employees.
8. PRODUCT AVAILABILITY
locationsNY.com shall use its best efforts to post your photos in a timely manner in accordance with the availability that may be indicated on our Web sites.
Notwithstanding the foregoing, locationsNY.com expressly states that we do not guarantee location posting on a particular date under any circumstances. Most orders on locationsNY.com are posted on the locationsNY.com web site within 5 business days after your property is photographed.
locationsNY.com shall not be liable for any loss, damage or expense whatsoever arising from delay in posting, whatever the cause of such delay. locationsNY.com
shall be entitled to postpone or cancel posting in whole or in part when caused by fires, disasters, natural or man-made, or other causes beyond its control.
9.NON-EXCLUSIVE RELATIONSHIP
You shall be entitled to list your property with any other persons, companies, or agents as you, in your sole discretion, see fit.
10. DISCLAIMER OF WARRANTY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THIS SERVICE IS AT YOUR SOLE RISK. locationsNY.com MAKES NO WARRANTY THAT (i) LOCATION PROFESSIONALS WILL CHOSE TO UTILIZE YOUR LOCATION (ii)THE SERVICE WILL MEET YOUR REQUIREMENTS, (iii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iv) THE RESULTS THAT MAY BE OBTAINED FROM THE POSTING OF YOUR LOCATION OR THAT THE SERVICE WILL BE ACCURATE OR RELIABLE, (v) THE QUALITY OF SERVICES
WILL MEET YOUR EXPECTATIONS, AND (vi) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM locationsNY.com OR THROUGH OR FROM THIS SERVICE SHALL CREATE ANY WARRANTY NOT STATED IN THIS AGREEMENT.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT locationsNY.com SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF locationsNY.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY CONCERNING YOUR LOCATION OR THIS SERVICE; OR (v) ANY OTHER MATTER RELATING TO THESE SERVICES.
12. INTELLECTUAL PROPERTY
Content included on or comprising the locationsNY.com site, including information, data,
software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively "Content") are protected by copyrights, trademarks, patent or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing
now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. and international copyright laws, and locationsNY.com owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of
such Content. Except as expressly authorized or licensed, you may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from, or in any way exploit any of the Content, in whole or in part.
The locationsNY.com logos and other trademarks on the site are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by locationsNY.com and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
locationsNY.com does not want to receive confidential, proprietary or trade secret information through the locationsNY.com site (excluding information relating to any order you submit). Please note that any information, materials, suggestions, ideas or comments sent to locationsNY.com will be deemed nonconfidential, and, by submitting any such information, you are granting locationsNY.com an irrevocable and unrestricted license to use, modify, reproduce, transmit, display and distribute such materials, information, suggestions, ideas or comments for any purpose whatsoever. However, we will not use your name in connection with any such materials, information, suggestions, ideas or comments unless we first obtain your permission or are otherwise required by law to do so.
13. CUSTOMER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the customer registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You
agree to (a) immediately notify locationsNY.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. locationsNY.com cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
14.ASSIGNMENT
Neither this agreement nor any duties or obligations under this agreement may be assigned without the prior written consent of the other party.
15. TERMINATION
You agree that locationsNY.com, in its sole discretion, may terminate your password and account if you have violated or acted inconsistently with these Terms and Conditions.
This agreement will terminate in accordance with the terms set forth in paragraph 3 herein. Notwithstanding any other provision of this agreement, either party may terminate this agreement at any time by giving 30 days written notice to the other party.
This agreement will terminate automatically on the occurrence of any of the following events:
16. LAWS AND JURISDICTION
You and locationsNY.com agree that any dispute, controversy or claim arising out of or relating to this agreement, or to the performance, breach or termination thereof, shall be governed by the laws of the State of California which shall govern this agreement. It is agreed that venue of any dispute will lie in Los Angeles County, California.
17.PARTIAL INVALIDITY
If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in this agreement and the other provisions of these Terms and Conditions shall remain in full force and effect.
18. PRIVACY POLICY
Your privacy is important to locationsNY.com and we will make every reasonable effort to preserve the confidentiality of your personal information.
19. LINKS TO AND FROM THIRD PARTY WEB SITES
The locationsNY.com Web site may contain links to other sites, or may be linked to by other sites. The links are meant to enable access to publicly available information to those who are allowed to use the locationsNY.com Web site only. locationsNY.com makes no representations whatsoever about any other Web site that you may access through the locationsNY.com site, or that may provide you with access to, or information about, the locationsNY.com site. When you leave the locationsNY.com site, it is understood that locationsNY.com has no control over the content on that Web site. In addition, a link to or from a non-locationsNY.com Web site does not imply and does not constitute sponsorship, endorsement, approval or responsibility for the content, or the use of such third-party Web site. locationsNY.com makes no representation or warranty as to any third-party products or services. No rights to use or copy the information on this or the thirdparty
site are granted or implied.
20.MODIFICATION
These Terms and Conditions may not be modified, altered or amended without the written agreement of locationsNY.com.
21.NOTICES
All notices required to be given under this agreement by either party to the other may be effected by email to addresses provided for in your registration.
22.ENTIRE AGREEMENT
These Terms and Conditions represent the entire agreement between you and locationsNY.com regarding your relationship with locationsNY.com and supersede any prior statements or representations. By using the locationsNY.com WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. If you are dissatisfied with locationsNY.com in any way, your sole and exclusive remedy is to discontinue using locationsNY.com or to decline renewal of your membership.
HOW TO CONTACT US:
If you have any comments or questions about this agreement, please do not hesitate to contact us at: support@locationsNY.com.