1. Acceptance of Terms
Your access to and use of this Web site (this “Site”) is subject on your compliance with the following terms and conditions (the “Terms and Conditions”) and all applicable laws. By agreeing to these Terms and Conditions in any legally enforceable manner (e.g., by indicating that you (“your” or “Users”) agree or otherwise accepting the Terms and Conditions) you accept, without limitation or qualification, the Terms and Conditions herein. Snark Park Hudson Yards LLC (“Snark Park,” “we,” “us,” “our”) may revise these Terms and Conditions at any time by updating this posting and providing a reasonable period of time (no greater than 15 days) for the changes to become effective. Your continued use of this Site will then be subject to such revisions. You can view the most current version of the Terms and Conditions at any time by visiting this Web page. Please note that Web sites launched by any affiliates, subsidiaries or divisions of Snark Park may be governed by separate terms and conditions.
The Site, all content on the Site, and all products and services offering on or through the Site, are referred to as the “Services.”
2. Description of Services
This Site provides a variety of information (such as creative and descriptive content) and services (such as ticketing services) regarding Snark Park art and cultural offerings. In accessing these services: a) Users may provide required information to Snark Park (including user name and password) plus email address and other optional information in conjunction with transactions and may request information regarding a variety of the services we provide; (b) Users may have the option of inputting their bank account or credit card information at the site, which will be transferred to a payment processor, such as through a one-time payment or as part of an ongoing automatic billing program; (c) Users may fill out surveys and, in so doing, may provide information to Snark Park about themselves.
3. Use of Information on this Site
Any use of this Site is for your personal use only. It is not for commercial use, re-use, or resale. Snark Park authorizes you to copy any portion of this Site, which is not the property of third parties, provided that such use shall be solely for non-commercial use, and only by you or any person within your organization. In consideration of this authorization, you agree that any copies of information obtained from this Site shall retain all copyright and proprietary notices contained therein and you agree that all artwork, including graphics and logos, shall not be used separately from accompanying text as depicted in this Site. Any other use of materials contained on this Site, including, without limitation, reproduction, distribution, modification, adaptation and republication without the written permission of Snark Park is expressly prohibited.
5. User Conduct
You agree that you will not use this Site to: (a) Interfere with or disrupt the Services or servers or networks connected the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, or (b) Intentionally or unintentionally violate any applicable local, state, national or international law, regulation or ordinance. Accessing this site through automated means, such as bots, is prohibited.
If we provide you a way to set up an account, you may set up (or we may provide you with) account credentials. You are solely responsible for safeguarding your account log-in and password information, and you (not we) will be responsible for any activity occurring through these credentials. Please do not share your credentials with any other person.
We may permit third parties, or companies that we partner with (such as, to co-market products, events, or services) to offer links on this Site. Links contained in this Site are intended for informational purposes only. Snark Park has no control over such Web sites, makes no representations about such Web sites, does not endorse such Web sites and assumes no responsibility for any content or materials on or available from such Web sites. You should read carefully any terms or privacy policies presented by or through any such Web sites, as they may be different from our own.
7. NOTICE OF FILMING OR RECORDING
I understand that I may be photographed, filmed, or otherwise recorded at Snark Park. I agree that all photographs, audio recordings, and video footage taken of me while at Snark Park by or on behalf of the Company, and any derivative works (“Recordings”), will be the sole property of Company. As the owner of the Recordings, Company has the unconditional, irrevocable right (exercisable by Company or by third parties on Company’s behalf) to reproduce, display and use the Recordings, including for advertising, marketing and promotional purposes, in all media and formats, whether now known or later developed. I further authorize Company to store the Recordings on a database and transfer the Recording to third parties in conjunction with security and marketing procedures undertaken by Company.
8. MY SOCIAL MEDIA POSTS
As between me and Company, I retain ownership of any photographs, text, audio recordings or video footage depicting or relating to Snark Park that I may create (the “Snark Park Media”), unless otherwise agreed by me and Company. If I post any Snark Park Content to any social media channel, I hereby grant to Company and its affiliates the right to re-post, share, publish, promote and distribute Snark Park Media via such social media channel and via websites associated with Snark Park or Hudson Yards (including my name, voice and likeness and any other aspects of my persona as depicted in Snark Park Media), in perpetuity. I understand that I will not be entitled to any compensation from the Company, its affiliates or their respective vendors in connection with the same.
9. No Resale of Services
You agree that you will not duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services or access to the Services.
10. Modifications to Services
Snark Park reserves the right to modify, suspend or discontinue all or a portion of the Services with or without notice. You agree that Snark Park shall not be liable to you for any modification, suspension or discontinuance of the Services.
11. Termination of Services
Snark Park reserves the right to terminate your use of the Services or your access to the Site, for any reason. Any termination pursuant to this provision may be without prior notice and you agree that Snark Park shall not be liable to you for such termination.
12. Disclaimer of Warranties
(a) This site is provided on an “as is” basis. Snark Park expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, course of dealing or usage of trade and non-infringement; (b) The information posted at the Site and in emails generated from the Site is given as of the date hereof and SNARK PARK assumes no obligation to update or supplement this information to reflect any facts or circumstances which may hereafter come to its attention or any changes in laws which may hereafter occur; (c) SNARK PARK makes no warranty that (i) the Site or the Services will meet your requirements, (ii) the Site or the Services will be uninterrupted, timely, secure or error-free, (iii) the results that may be obtained from the use of the Site or the Services will be accurate, complete or reliable, (iv) the quality of the information or materials obtained by you through the Site or the Services will meet your expectations, or (v) any errors in the software will be corrected; (d) Any material downloaded or otherwise obtained through the use of the Site or the Services is done at your own risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download or receipt of any such material; (e) No advice or information, whether oral or written, obtained by you from SNARK PARK, the Site or the Services shall expressly create any warranty not expressly stated in the Terms and Conditions.
13. Limitation of Liability
Snark Park shall not be liable for any direct, indirect, special, reliance, consequential or exemplary damages, including, but not limited to, loss of profits or data, loss of or damage to property, claims of third parties or any other damages whatsoever, whether arising as a contract, negligence or tort action, in connection with the use of, or the inability to use, the Site or the Services. Without exclusion of the above (and except where prohibited by law) our liability to you is limited to $50.00 as to any claims arising from the Site or the Services.
14. Governing Law
Any dispute arising by virtue of your access to or use of this Site or the Services shall be governed by New York law without giving effect to any rules of conflicts of law, and shall be subject to the exclusive jurisdiction of the courts of the county of New York, New York, USA.
The following are trademarks of Snark Park Hudson Yards LLC, its affiliates or subsidiaries: Snark Park. The trademarks, service marks and logos used on this Site are trademarks of Snark Park. No license or right to use any trademark contained on this Site is granted, whether by implication or otherwise, and any use of any trademark contained on this Site is expressly prohibited unless authorized in writing by the trademark holder.
16. Contact Information
Any questions regarding these Terms and Conditions should be directed to: info@Snark_Park.com.
17. General Information
The Terms and Conditions constitute the entire agreement between you and Snark Park and govern your use of the Site and the Services. The failure of Snark Park to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found to be invalid by a court of competent jurisdiction, the parties nevertheless agree that the court should endeavor to give effect to the parties´ intentions as reflected in the applicable provision, and the other provisions of the Terms and Conditions shall remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or Snark Park to use of the Site or the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose. The section headings are for convenience only and have no legal or contractual effect.