A) Terms of use
IFUSSSS LLC ("IFUSSSS") PROVIDES THE CENTRIC.NYC SITE,
APPLICATION AND RELATED SERVICES SUBJECT TO YOUR COMPLIANCE WITH
THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO
ABIDE BY THESE OR ANY FUTURE TERMS OF USE, YOU DO NOT HAVE THE
RIGHT TO USE OR ACCESS (OR CONTINUE TO USE OR ACCESS) THE SERVICE.
CENTRIC RESERVES ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN. PLEASE
READ THE FOLLOWING INFORMATION CAREFULLY:
1. WEBSITES
- 1.1. These Terms of Use apply to all users of the website
and mobile website at Centric.nyc, any other Centric website, any
affiliated websites (together, the "Site") and its related
Software (defined below), applications and services
(collectively, the "Service"). We reserve the right, at our sole
discretion, to change or modify portions of these Terms of Use at
any time without further notice. You should periodically visit
this page to review the current Terms of Use so you are aware of
any revision to which you are bound. If we do this, we will post
the changes to these Terms of Use on this page and will indicate
at the bottom of this page the date these terms were last
revised. Your continued use of the Service after any such changes
constitutes your acceptance of the new Terms of Use.
- 1.2. The Service may contain links to third party
websites or services that are not owned or controlled by Centric.
Centric has no control over, and assumes no responsibility for,
the content, privacy policies, or practices of any third party
websites or services. In addition, Centric will not and cannot
censor or edit the content of any third-party site. By using the
Service, you expressly relieve Centric from any and all liability
arising from your use of any third-party website or services.
Accordingly, we encourage you to be aware when you leave the
Service and to read the terms and conditions and privacy policy
of each other website that you visit.
- 1.3. Centric has established a Privacy Policy to explain
to users how personal information is collected and used, which is
located at the following web address:
www.centric.nyc/termsandprivacy Your use of the Service signifies
acknowledgement of and agreement to our Privacy Policy. All such
terms are hereby incorporated by reference into these Terms of
Use.
2. INTELLECTUAL PROPERTY
- 1.1. All content on or available through the Service,
including without limitation, the text, software ("Software"),
scripts, tools, graphics, photos, sounds, music, videos,
interactive features and the like ("Content") and the trademarks,
service marks and logos contained therein ("Marks"), are owned by
or licensed to Centric. The Content and Marks are protected to
the maximum extent permitted by intellectual property laws and
international treaties. Subject to the terms and conditions of
these Terms of Use, Centric hereby grants you a personal,
non-transferable, non-sublicensable and non-exclusive right and
license to use the object code of any Software on a single device
solely in connection with the Service. You agree not to access
the Service by any means other than through the interface that is
provided by Centric for use in accessing the Service.
- 1.2. You shall not (and shall not allow any third party
to) sell, assign, sublicense or otherwise transfer any right in
any Software. Any reproduction, modification, creation of
derivative works from or redistribution of the Software or the
Service is prohibited without the express written consent of
Centric.
- 1.3. You further agree not to reproduce, duplicate or
copy the Content without the express written consent of Centric,
and agree to abide by any and all copyright notices displayed on
or through the Service. You shall not decompile or disassemble,
reverse engineer or otherwise attempt to discover any source code
contained in the Software or the Service.
- 1.4. Nothing in these Terms of Use or the Service should
be construed as granting, by implication, estoppel, or otherwise,
any license or right to use any of Marks displayed on the
Service, without our prior written permission in each instance.
All goodwill generated from the use of Marks will inure to our
exclusive benefit.
- 1.5. Software available in connection with the Service
and the transmission of applicable data, if any, is subject to
United States export controls. No Software may be downloaded from
the Service or otherwise exported or re-exported in violation of
U.S. export laws. Downloading or using the Software is at your
sole risk. Recognizing the global nature of the Internet, you
agree to comply with all local rules and laws regarding your use
of the Service, including as it concerns online conduct and
acceptable content.
3. ACCESS; MOBILE SERVICES
- 1.1. Centric grants you a limited, revocable,
non-sublicensable, nonexclusive license to access the Service for
your own personal use. If you are under 13 years of age, you are
not authorized to use the Service, with or without registering.
In addition, if you are under 18 years old, you may use the
Service, with or without registering, only with the approval of
your parent or guardian.
- 1.2. In order to access some features of the Service, you
will have to create an account. You may never use another user's
account without the account holder's permission. When creating
your account, you must provide accurate and complete information.
You are solely responsible for all activity that occurs on your
account, and you must keep your account password secure. You must
notify Centric immediately of any breach of security or
unauthorized use of your account. Although Centric will not be
liable for any losses caused by any unauthorized use of your
account, you will be liable for the losses of Centric or others
due to such unauthorized use.
- 1.3. You agree not to use or launch any automated system,
including without limitation, "robots," "spiders," "offline
readers," etc., that accesses the Service. You agree not to
collect or harvest any personally identifiable information,
including account names, from the Service, nor to use the
communication systems provided by or through the Service for any
commercial solicitation or illegal or improper purposes.
- 1.4. Notwithstanding the foregoing, Centric grants the
operators of recognized international public search engines, such
as Google and Yahoo permission to use spiders to copy materials
from the public areas (non-logged in areas) of the Site for the
sole purpose of creating publicly available searchable indices of
the materials. Centric reserves the right to revoke these
exceptions either generally or in specific cases.
- 1.5. The Service includes certain services that are
available via a mobile device, including (i) the ability to
upload content to the service via a mobile device, (ii) the
ability to browse the service and the Site from a mobile device
and (iii) the ability to access certain features through an
application downloaded and installed on a mobile device
(collectively, the "Mobile Services"). To the extent you access
the Service or the Site through a mobile device, your wireless
service carrier's standard charges, data rates and other fees may
apply. In addition, downloading, installing, or using certain
Mobile Services may be prohibited or restricted by your carrier,
and not all Mobile Services may work with all carriers or
devices.
4. CONDITIONS OF USE
- 1.1. By using the Service, you specifically agree to
comply with each of the following:
- 1.2. You will not post or transmit any material that
violates or infringes the rights of any other party, including,
without limitation, rights of privacy, rights of publicity,
copyright, trademark, or other intellectual property rights.
- 1.3. You will not post any content that you did not
create or that you do not own all right, title and interest in
and to, including, without limitation, all copyright and rights
of publicity contained therein.
- 1.4. You have fully complied with any third-party
licenses relating to the material you post or transmit and have
done all things necessary to successfully pass through to end
users any required terms.
- 1.5. You will not post or transmit any material that is:
is false, deceptive, misleading, or deceitful.
- 1.6. You will not post or transmit any material that is:
abusive, hateful, racist, bigoted, sexist, violent, libelous,
harassing, threatening, inflammatory, defamatory, vulgar,
obscene, sexually-oriented, profane or is otherwise in violation
of any applicable law, rule or regulation.
- 1.7. You will not post or transmit any material that
deceptively impersonates any person or entity.
- 1.8. You will not post content that constitutes or
contains any form of advertising or solicitation or for
commercial purposes, promotional materials, commercial activities
and/or sales, "junk mail," "spam," "chain letters," "pyramid
schemes," "contests," "sweepstakes," or any other form of
solicitation. Do not post a URL unless it directly answers a
user's question.
- 1.9. You will not post or transmit any software or
computer files that contains malware, computer viruses, worms,
Trojan horses, rootkits, spyware, adware, and other malicious and
unrequested software, computer code, or file, or obtain or
attempt to access or otherwise obtain any materials or
information through any means not intentionally made available or
provided for through the Service.
- 1.10. You shall not submit any material that is intended
to promote or commit an illegal act.
- 1.11. You will not solicit personal information from
anyone under the age of 18, nor harvest or collect email
addresses or other contact information of other users from the
Service or the Site by electronic or other means for the purposes
of sending unsolicited emails or other unsolicited
communications.
- 1.12. Failure to comply with the above rules may lead to
you being immediately and permanently banned, with notification
to your Internet Service Provider if deemed appropriate by
Centric.
5. DISCLAIMERS AS TO THIRD PARTY SUBMISSIONS
- 1.1. The Service may permit the submission of text,
audio, video, or other content submitted by you and other third
parties such as our partners ("Third Party Submission(s)") and
the hosting, sharing, and/or publishing of such Third Party
Submissions. Third Party Submissions include, but are not limited
to, blog postings, comment postings, geo-related check-ins,
replies, photos, and any other interactive area of the Service.
- 1.2. By posting, submitting or uploading Third Party
Submissions to any area of the Service, you automatically grant,
and you represent and warrant that you have the right to grant,
to Centric an irrevocable, perpetual, transferable,
non-exclusive, royalty-free, fully paid, worldwide license to
use, copy, perform, display, transmit, store, modify and
distribute said Third Party Submissions and to prepare derivative
works of, or incorporate into other works, said Third Party
Submissions, and to grant and authorize sublicenses (through
multiple tiers) of the foregoing. Furthermore, by posting Third
Party Submissions to or through the Service, you automatically
grant Centric all rights necessary to prohibit any subsequent
aggregation, display, copying, duplication, reproduction, or
exploitation of the Third Party Submissions by any party for any
purpose.
- 1.3. When posting Third Party Submissions, you agree
never to use a third-party agent, service, or intermediary that
offers to post Third Party Submissions to the Service on your
behalf ("Posting Agent"). Posting Agents are not permitted to
post Third Party Submissions on behalf of others, to cause Third
Party Submissions to be so posted, or otherwise access the
Service to facilitate posting Third Party Submissions on behalf
of others, except with express written permission from Centric.
- 1.4. Centric reserves the right to modify or discontinue,
temporarily or permanently, the Service, including its
interactive features, blogs, comments (or any part thereof) with
or without notice at any time. You agree that Centric shall not
be liable to you or to any third party for any modification,
suspension, or discontinuance of any part of the Service.
- 1.5. You are and shall remain solely responsible for any
and all Third Party Submissions you make through the Service. You
acknowledge that any information you disclose through the Service
becomes public information and can be used by people you do not
know. Accordingly, you should exercise caution when deciding to
disclose any information. Any such disclosures are at your own
risk.
- 1.6. Centric does not prescreen Third Party Submissions
submitted and Centric has no duty to monitor any interactive area
of the Service. Although we may monitor or review Third Party
Submissions from time to time, we do not actively monitor the
Service and we are not under any obligation to do so. Each user
is solely responsible and liable for the contents of his or her
Third Party Submissions, and we are not responsible in any way
for the content or opinions expressed therein. We have the right,
but not the obligation, to remove, edit or move, at any time, any
material posted, in each case as we deem appropriate. Centric may
refuse to post or deliver, remove, modify or otherwise use or
take any action with respect to any submission on the Site.
- 1.7. You must not describe or assign keywords to your
Third Party Submissions, including blogs, in a misleading or
unlawful manner, including in a manner intended to trade on the
name or reputation of others, and Centric may change or remove
any description or keyword that it considers inappropriate or
unlawful, or otherwise likely to cause Centric liability.
- 1.8. You acknowledge and agree that any questions,
comments, suggestions, ideas, feedback or other information about
the Site or the Service ("Feedback"), provided by you to Centric
are non-confidential and Centric shall be entitled to the
unrestricted use and dissemination of this Feedback for any
purpose, commercial or otherwise, without acknowledgment or
compensation to you.
- 1.9. You acknowledge that the interactive features on the
Service are not for private communications. You acknowledge that
you have no expectation of privacy with regard to any submission
to the Service. Centric cannot guarantee the security of any
information you disclose through the Service; you make such
disclosures at your own risk.
6. LIMITS ON THIRD PARTY SUBMISSIONS
- 1.1. You understand that when using the Service, you will
be exposed to Third Party Submissions from a variety of sources,
and that Centric is not responsible for the accuracy, usefulness,
safety, or intellectual property rights of or relating to such
Third Party Submissions. You further understand and acknowledge
that you may be exposed to Third Party Submissions that are
inaccurate, offensive, indecent, or objectionable, and you agree
to waive, and hereby do waive, any legal or equitable rights or
remedies you have or may have against Centric with respect
thereto, and agree to indemnify and hold Centric, its
owners/operators, affiliates, and/or licensors, harmless to the
fullest extent allowed by law regarding all matters related to
your use of the Site.
- 1.2. Centric does not endorse any Third Party Submission
or any opinion, recommendation, or advice expressed therein, and
Centric expressly disclaims any and all liability in connection
with Third Party Submissions.
- 1.3. Centric does not permit copyright infringing
activities and infringement of intellectual property rights on
the Site, and Centric will remove Content and Third Party
Submissions if properly notified that such Content or Third Party
Submission infringes on another's intellectual property rights.
Centric reserves the right to remove Content and Third Party
Submissions without prior notice.
- 1.4. In particular, if you are a copyright owner or an
agent thereof and believe that any Third Party Submission or
other Content infringes upon your copyrights, you may submit a
notification pursuant to the Digital Millennium Copyright Act
("DMCA") to our Copyright Agent at the following address:
app@centric.nyc
Centric, Inc.
620 Eighth Avenue
New York, 10018
The information provided to our Copyright Agent must be in
writing and contain the following (see 17 U.S.C 512(c)(3) for
further detail):
- 1.1.1. A physical or electronic signature of a person
authorized to act on behalf of the owner of an exclusive right
that is allegedly infringed;
- 1.1.2. Identification of the copyrighted work claimed
to have been infringed, or, if multiple copyrighted works at a
single online site are covered by a single notification, a
representative list of such works at that site;
- 1.1.3. Identification of the material that is claimed
to be infringing or to be the subject of infringing activity
and that is to be removed or access to which is to be disabled
and information reasonably sufficient to permit the service
provider to locate the material;
- 1.1.4. Information reasonably sufficient to permit the
service provider to contact you, such as an address, telephone
number, and, if available, an electronic mail;
- 1.1.5. A statement that you have a good faith belief
that use of the material in the manner complained of is not
authorized by the copyright owner, its agent, or the law;
- 1.1.6. A statement that the information in the
notification is accurate, and under penalty of perjury, that
you are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
- 1.1.7. You acknowledge that if you fail to comply with
all of the requirements of this Section, your DMCA notice may
not be valid.
7. Third Party Services
- 1.1. You may enable various online services (such as
Facebook, Twitter or other social media services) to be directly
integrated into your Centric experience. To take advantage of
these features, we may ask you to download, register for or log
into the services of the respective providers. By enabling third
party services within the Service, you are allowing us to pass
your log-in information and send and receive other information
(such as geo-location) to and from these service providers. For
more information about the implications of activating these third
party services and Centric's use, storage and disclosure of
information related to you and your use of such services within
Centric (including your friend lists, geo-location and the like),
please see our Privacy Policy at www.centric.nyc/termsandprivacy
However, please remember that the manner in which third party
services use, store and disclose your information is governed
solely by the policies of such third parties, and Centric will
have no liability or responsibility for the privacy practices or
other actions of any third party site or service that may be
enabled within your Centric Service.
- 1.2. In addition, Centric is not responsible for the
accuracy, availability or reliability of any geo-location,
software, information, content, goods, data, opinions, advice or
statements made available in connection with third party
services. As such, Centric is not liable for any damage or loss
caused or alleged to be caused by or in connection with use of or
reliance on any such third party service. Centric enables these
features merely as a convenience and the inclusion of such
features does not imply an endorsement or recommendation.
8. Buying and Selling of Content
- 1.1. Centric offers users the opportunity to buy and sell
video content. The buyers and sellers recognize that this
involves the granting of non-exclusive, non-transferable,
non-licensable use of the video content. Anyone posting content
to the service will already have agreed that the content does not
impinge on any copyright and it is within their ability to allow
the use of the content on Centric. Centric cannot verify the
ownership of content but will act immediately to remove any
content that is in breach of copyright or ownership dispute.
9. Apple-enabled Software Applications
- 1.1. Centric offers Software applications that are
intended to be operated in connection with products made
commercially available by Apple Inc. ("Apple"), among other
platforms. With respect to Software that is made available for
your use in connection with an Apple-branded product (such
Software, "Apple-Enabled Software"), in addition to the other
terms and conditions set forth in these Terms of Use, the
following terms and conditions apply:
-
- 1.1.1. Centric and you acknowledge that these Terms of
Use are concluded between Centric and you only, and not with
Apple, and that as between Centric and Apple, Centric, not
Apple, is solely responsible for the Apple-Enabled Software and
the content thereof.
- 1.1.2. You may not use the Apple-Enabled Software in
any manner that is in violation of or inconsistent with the
Usage Rules set forth for Apple-Enabled Software in, or
otherwise be in conflict with, the App Store Terms of Service.
- 1.1.3. Your license to use the Apple-Enabled Software
is limited to a non-transferable license to use the
Apple-Enabled Software on an iPhone OS Product that you own or
control, as permitted by the Usage Rules set forth in the App
Store Terms of Service.
- 1.1.4. Apple has no obligation whatsoever to provide
any maintenance or support services with respect to the
Apple-Enabled Software.
- 1.1.5. Apple is not responsible for any product
warranties, whether express or implied by law. In the event of
any failure of the Apple-Enabled Software to conform to any
applicable warranty, you may notify Apple, and Apple will
refund the purchase price for the Apple-Enabled Software to
you, if any; and, to the maximum extent permitted by applicable
law, Apple will have no other warranty obligation whatsoever
with respect to the Apple-Enabled Software, or any other
claims, losses, liabilities, damages, costs or expenses
attributable to any failure to conform to any warranty, which
will be Centric's sole responsibility, to the extent it cannot
be disclaimed under applicable law.
- 1.1.6. Centric and you acknowledge that Centric, not
Apple, is responsible for addressing any claims of you or any
third party relating to the Apple-Enabled Software or your
possession and/or use of that Apple-Enabled Software,
including, but not limited to: (i) product liability claims;
(ii) any claim that the Apple-Enabled Software fails to conform
to any applicable legal or regulatory requirement; and (iii)
claims arising under consumer protection or similar
legislation.
- 1.1.7. In the event of any third party claim that the
Apple-Enabled Software or the end-user's possession and use of
that Apple-Enabled Software infringes that third party's
intellectual property rights, as between Centric and Apple,
Centric, not Apple, will be solely responsible for the
investigation, defense, settlement and discharge of any such
intellectual property infringement claim.
- 1.1.8. You represent and warrant that (i) you are not
located in a country that is subject to a U.S. Government
embargo, or that has been designated by the U.S. Government as
a "terrorist supporting" country; and (ii) you are not listed
on any U.S. Government list of prohibited or restricted parties
- 1.1.9. If you have any questions, complaints or claims
with respect to the Apple-Enabled Software, they should be
directed to Centric by email to following address:
app@centric.nyc.
- 1.1.10. Centric and you acknowledge and agree that
Apple, and Apple's subsidiaries, are third party beneficiaries
of these Terms of Use with respect to the Apple-Enable
Software, and that, upon your acceptance of the terms and
conditions of these Terms of Use, Apple will have the right
(and will be deemed to have accepted the right) to enforce
these Terms of Use against you with respect to the Apple-Enable
Software as a third party beneficiary thereof.
10. TERMINATION
- 1.1. You agree that Centric, in its sole discretion, has
the right (but not the obligation) to delete or deactivate your
account, block your email or IP address, or otherwise terminate
your access to or use of the Service (or any part thereof),
immediately and without notice, and remove and discard any
content within the Service, for any reason, including, without
limitation, if Centric believes that you have acted
inconsistently with the letter or spirit of the Terms of Use.
Further, you agree that Centric shall not be liable to you or any
third-party for any termination of your access to the Service,
and you agree not to attempt to use the Service after said
termination.
11. WARRANTY DISCLAIMER
- 1.1. THE SERVICE, INCLUDING ANY CONTENT, THIRD PARTY
SUBMISSIONS OR INFORMATION CONTAINED WITHIN IT OR CENTRIC-RELATED
SERVICE, IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR
YOUR USE OF THE SERVICE.
- 1.2. CENTRIC MAKES NO WARRANTY THAT (I) THE SERVICE WILL
MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
12. LIMITATION OF LIABILITY
- 1.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT CENTRIC, ITS
AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE
FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,
PUNITIVE OR DAMAGES FOR LOST PROFITS, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF
OR RELATING IN ANY WAY TO (I) THE USE OR THE INABILITY TO USE THE
SERVICE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICE; OR (IV) THE SERVICE, THE SITE,
CENTRIC-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED
WITHIN THE SITE OR THE SERVICE. IN NO EVENT SHALL CENTRIC'S TOTAL
LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION
EXCEED THE AMOUNT YOU HAVE PAID CENTRIC IN THE LAST SIX (6)
MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
- 1.2. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU
ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE
TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE USE OF THE SERVICE.
13. Indemnity
- 1.1. You agree to release, defend, indemnify and hold
harmless Centric, its affiliated companies, officers, directors,
employees and agents, from and against any and all actions and
injuries (including death) of any kind, claims, rights, damages,
obligations, losses, liabilities, costs or debt, and expenses
(including but not limited to attorney's fees) arising from: (a)
your use or misuse of and access to the Site or the Service, your
connection to the Service, or any Third Party Submissions, (b)
your violation of any third party right, including without
limitation any copyright, property, or privacy right; or (b) your
violation of any term of these Terms of Use. This defense and
indemnification obligation will survive these Terms of Use and
your use of the Service. If you are a California resident, you
waive California Civil Code Section 1542, which says: "A general
release does not extend to claims which the creditor does not
know or suspect to exist in his favor at the time of executing
the release, which if known by him must have materially affected
his settlement with the debtor." If you are a resident of another
jurisdiction, you waive any comparable statute or doctrine.
14. Governing Law / Disputes
- 1.1. These Terms of Use constitute the entire agreement
between you and Centric and govern your use of the Service,
superseding any prior agreements between you and Centric with
respect to the Service. The failure of Centric to exercise or
enforce any right or provision of these Terms of Use shall not
constitute a waiver of such right or provision. If any provision
of these Terms of Use 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 the provision, and the other
provisions of these Terms of Use remain in full force and effect.
You agree that the Service shall be deemed solely based in the
State of New York, and that the Site shall be deemed a passive
website that does not give rise to personal jurisdiction over
Centric, either specific or general, in any state or federal
courts other than those located within New York City. These Terms
of Use will be governed and interpreted in accordance with the
internal laws of the State of New York applicable to agreements
entered into and to be wholly performed therein, without regard
to principles of conflict of laws. Any dispute, claim or
controversy arising out of or relating to the Site, these Terms
of Use or the breach, termination, enforcement, interpretation or
validity thereof, including the determination of the scope or
applicability of this agreement to arbitrate, shall be determined
by arbitration in New York, before one arbitrator. The
arbitration shall be administered by JAMS pursuant to its
Streamlined Arbitration Rules and Procedures. Judgment on the
award may be entered in any court having jurisdiction. You and we
will each pay one-half of the costs and expenses of such
arbitration, and each of the parties will separately pay its
counsel fees and expenses. These Terms of Use, and any rights and
licenses granted hereunder, may not be transferred or assigned by
you, but may be assigned by Centric without restriction.
15. Notice for California Users
- 1.1. Under California Civil Code Section 1789.3, users of
the Service from California are entitled to the following
specific consumer rights notice: The Complaint Assistance Unit of
the Division of Consumer Services of the California Department of
Consumer Affairs may be contacted in writing at 1625 North Market
Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at
(916) 445-1254 or (800) 952-5210.
16. QUESTIONS/CONCERNS
- 1.1. Please contact us at app@centric.nyc to
report any violations of these Terms of Use or to pose any
questions regarding this Terms of Use or the Service.
- 1.2. This agreement was last modified on September 5th,
2015.
B) Privacy Policy
At Centric, we respect your right to privacy. We won't sell your
personal information to anyone, won't spam you and we'll listen to
your feedback. If you have any concerns, or want to let us know
what you think, reach us at app@centric.nyc.
PRIVACY
We at Centric, Inc. ("Centric") are dedicated to protecting your
privacy and handling any personally identifiable information we
obtain from you with care and respect through our site www.centric.nyc
and our mobile application.
When this Privacy Policy uses
the term "personally identifiable information," we mean
information that identifies a particular individual, such as the
individual's name, address, email, and phone number. Personally
identifiable information is also referred to in this Privacy
Policy as "Personal Information."
As used in this Privacy
Policy, "Centric" includes all of its subsidiary and affiliated
entities. Centric is referred to in this Privacy Policy as "we,"
"us," "our," and "ourselves." The term the "Service(s)" includes
www.centric.nyc as well as any other web sites (the "Site(s)"),
applications, and related services operated by Centric.
1. How your Privacy is Protected
Centric takes reasonable steps to protect your personal
information, such as requiring a password at login. We follow
generally accepted industry standards to protect the personal
information submitted to us, both during transmission and once we
receive it. No method of transmission over the Internet or method
of electronic storage, is 100% secure, however. Therefore, we
cannot guarantee its absolute security. You, the user, are
responsible for maintaining the secrecy of your login information
to help prevent others from accessing your personally identifiable
information. We transmit your location information via secure
socket layer technology (SSL).
2. Information You Provide to Us
We receive Personal Information directly from users who are
interested in obtaining access to "logged in" user portions of the
Sites, mobile applications or various products and services from
us or from third parties. We collect Personal Information when you
register, access, or visit the Service, including when you
participate in activities in the Service.
We receive and
store any information you enter on our Service or provide to us in
any other way. The types of Personal Information collected may
include your name, user name, email address, and location
information. The Personal Information you provide is used for such
purposes as allowing you to interact with other users, improving
the Service, customizing the advertising and content you see, and
communicating with you about specials and new features. We may
also use this Personal Information in order to adapt the Services
to your needs, to research the effectiveness of our network, and
to develop new tools for the community.
This Privacy Policy
does not apply to any Personal Information collected by Centric
other than Personal Information collected through the Service.
This Privacy Policy shall not apply to any unsolicited information
you provide to Centric through the Service by any other means.
This includes, but is not limited to, information posted to any
public areas of the Site, such as bulletin boards; information
from Third Party Sites and Third Party Services (each as defined
below), except as specifically provided in this Privacy Policy;
and any ideas for new products or modifications to existing
products, and other unsolicited submissions (collectively,
"Unsolicited Information"). All Unsolicited Information shall be
deemed to be non-confidential and Centric shall be free to
reproduce, use, disclose, distribute and exploit such Unsolicited
Information without limitation or attribution.
3. Information Collected Through Passive Means
We collect information passively using technology to make our
Service more interesting and useful. For instance, when you visit
one of our Sites, your IP address is collected. An IP address is
often associated with the network through which you enter the
Internet, like your ISP or your company. At times, we also use IP
addresses to collect information regarding the frequency with
which our users visit various parts of our Service. We may also
use passively collected information to help diagnose problems with
our servers, and to administer the Service.
Centric may
store such information itself or such information may be included
in databases owned and maintained by Centric affiliates, agents or
service providers. This Site may use such information and pool it
with other information to track, for example, the total number of
visitors to our Site, the number of visitors to each page of our
Site, the domain names of our visitors' Internet service
providers, and how our users use and interact with the Centric
Service. Also, in an ongoing effort to better understand and serve
the users of the Services, Centric often conducts research on its
customer demographics, interests and behavior based on the
Personal Information and other information provided to us. This
research may be compiled and analyzed on an aggregate basis.
Centric may share this non-identifiable and aggregate data with
its affiliates, agents and business partners, but this type of
non-identifiable and aggregate information does not identify you
personally. Centric may also disclose aggregated user statistics
in order to describe our services to current and prospective
business partners, and to other third parties for other lawful
purposes. When you download and use our Services, we automatically
collect information on the type of device you use, operating
system version, and unique device identifiers. When you use the
Service we may store a small amount of information on your
computer. This information will be in the form of a "cookie" or
similar file. Cookies are small files stored on your computer, not
on our Site. We use cookies in our web tools to deliver content
specific to your interests, and so that you do not need to reenter
all your registration data at each visit. Through your web browser
you can choose to have your computer warn you each time a cookie
is being sent, or you can choose to turn off all cookies. Each
browser is a little different, so look at your browser's Help menu
to learn the correct way to modify your cookie settings. Our Sites
may also use a variety of technical methods for tracking purposes,
such as pixel tags (for more information about pixel tags, please
read below). We may also use these technical methods to analyze
the traffic patterns on our Sites.
Mobile Analytics
We use mobile analytics software to allow us to better
understand the functionality of our Mobile Software on your phone.
This software may record information such as how often you use the
application, the events that occur within the application,
aggregated usage, performance data, and where the application was
downloaded from. To the extent the information collected is
associated with your personally identifiable information, we treat
that information as personally identifiable as described in this
Privacy Policy. To provide the Services, we may derive location
information from your wireless carrier, certain third-party
service providers, or directly from the mobile device that you are
using. When you use the Services, our servers automatically record
certain information about your usage. These server logs may
include information such as a mobile device identification number
and device identifier, web requests, IP address, browser type,
browser language, referring / exit pages and URLs, platform type,
number of clicks, domain names, search terms, landing pages, pages
viewed and the order of those pages, features used in the
Services, the amount of time spent on particular screens, the
dates and times of your requests, and one or more cookies that may
uniquely identify your browser.
4. Use of Personally Identifiable Information
We may use your personally identifiable information in many
ways, including helping improve your experience on the Service,
troubleshooting, and sharing your information with third parties
so that these third parties can provide services to you. Examples
of such functions include mailing information, maintaining
databases, and sending out emails or push notifications. When we
employ another company to perform a function of this nature, we
only provide them with the information that they need to perform
their specific function. We may also supplement personally
identifiable information that we have collected directly from our
users with other information that we obtain from third party
partners Our Service is about sharing location and finding friends
and others nearby, so we will use your location information to
provide the basic functionality of the Service, such as displaying
your location on the Services map to other users when you check-in
using Centric or Third Party Services (defined below). Users
viewing this information may use it or disclose it to other
individuals or entities outside of our control and without your
knowledge. Your location information may be subject to abuse,
misuse, and monitoring by others, and you share your location at
your own risk. If you no longer wish to have your location
information shared, you may delete your account and contact us at
app@centric.nyc. You can also turn the location features off at
the device level if you no longer wish to have your location
information collected from the device. We may also take your
personally identifiable information and make it non-personally
identifiable, either by combining it with information about other
individuals, or by removing characteristics (such as your name)
that make the information personally identifiable to you. We may
aggregate or de-personalize your personal information, and we may
use and/or share the resulting non-personally identifiable
information with third parties in any way. We will send you
service-related announcements via email or push notifications on
rare occasions when it is necessary to do so. For instance, if our
service is temporarily suspended for maintenance, we might send
you an email. Based upon the personally identifiable information
you provide us, we will send you a welcoming email to verify your
accounts and passwords. We will also communicate with you in
response to your inquiries, to provide the services you request,
to manage your account and to send you newsletters. You may
opt-out from receiving our newsletter by following the unsubscribe
link located at the bottom of each communication.
5. Integrating Third Party Services within the Services:
One of the special features of the Service is that it allows
you to enable various online third party services, such as social
media and social networking services ("Third Party Services"), to
be directly integrated into your Centric experience. By directly
integrating these services, we make your online experiences
richer, and more personalized. To take advantage of this feature,
we will ask you to provide us your username and password for the
relevant Third Party Services. These services will authenticate
your identity and provide you the option to share certain personal
information with us such as your name and email address to
pre-populate our sign up form. By enabling such Third Party
Services, you are allowing us to pass your log-in information and
send and receive other information (such as geo-location, photos,
and friend lists) to and from these service providers. When you
add a Third Party Service account to the Service, we will collect
your login information and other relevant information necessary to
enable the Service to access that Third Party Service and your
data contained within that Third Party Service. When you post
information through the Service to a Third Party Service, we will
share that information with the Third Party Service. However,
please remember that the manner in which Third Party Services use,
store and disclose your information is governed solely by the
policies of such third parties, and Centric shall have no
liability or responsibility for the privacy practices or other
actions of any Third Party Service that may be enabled within the
Service. If you wish to disable any of these services at any time,
you may do so by logging into your account through our mobile
application and remove them. We allow you the ability to chat with
your friends through the mobile application. We are not
responsible for any personal information you choose to share with
others. You may receive push notifications for a variety of
reasons, including when your friends post something nearby. If you
do not wish to receive these types of notifications, you may
logout of the application or, to the extent it is supported,
adjust them from within the application or at the device level.
Tell-A-Friend
If you choose to use our referral service to tell a friend
about our mobile application, we will ask you for your friend's
name and email address. We will automatically send your friend a
one-time email inviting him or her to visit the mobile
application. We store this information for the sole purpose of
sending this one-time email and tracking the success of our
referral progoram. Your friend may contact us at app@centric.nyc
to request that we remove this information from our database.
6. Purchase or Sale of Businesses
From time to time we may purchase a business or one or more
of our businesses may be sold, and your personally identifiable
information may be transferred as a part of the purchase or sale.
You will be notified via email and/or prominent notice on our Web
site of any change in ownership or uses of your personal
information, as well as any choices you may have regarding your
personal information.
7. Additional Disclosures Required By Law
We will disclose Personal Information when we believe in
good faith that such disclosures are required by law or that
disclosure is necessary, for example, to comply with a court order
or subpoena, or similar legal process; when we believe in good
faith that disclosure is necessary to protect our rights, protect
your safety or the safety of others, investigate fraud, or respond
to a government request; will help to enforce our Terms of Use;
enforce contest, sweepstakes, promotions, and/or game rules;
protect your safety or security; or protect the safety and
security of the Service, us, or third parties, including the
safety and security of property that belongs to us or third
parties.
8. Children's Information
This Site is not directed toward children under thirteen
years of age. Centric does not knowingly collect personally
identifiable information from children under thirteen years of
age. If you are under 13 years of age, you should not register to
become a member or provide any personally identifiable information
through the Site. If you have reason to believe that a child under
the age of 13 has provided Personal Information to Centric through
this Site, please contact us, and we will endeavor to delete that
information from our databases immediately.
9. Applicability
To keep your Personal Information accurate, current,
complete, and to delete inaccuracies please contact us as
specified below or login to your account within the mobile
application or through the third party services you have set up
and update your information. We will take reasonable steps to
update or correct Personal Information in our possession that you
have previously submitted via the Services. We will respond to
your access request within 30 days. In some cases you may need to
login to the third party services in order to update information
or set your privacy settings. We will retain your information
(including geo-location data) for as long as your account is
active or as needed to provide you services. If you wish to cancel
your account or request that we no longer use your information to
provide you services contact us at app@centric.nyc. Because the
service integrates information from 3rd party services, you will
also need to cancel any 3rd party services that share your
information. Some information will remain in archives or backups
for our records or as required by law. We will retain and use your
information as necessary to monitor trends, improve the service,
comply with our legal obligations, resolve disputes, and enforce
our agreements. We may update this privacy statement to reflect
changes to our information practices. If we make any material
changes we will notify you by means of a notice on this Site prior
to the change becoming effective. We encourage you to periodically
review this page for the latest information on our privacy
practices. This Privacy Policy applies only to the Service. This
Site may contain links to other web sites or services not operated
or controlled by Centric (the "Third Party Sites"). The policies
and procedures we described here do not apply to the Third Party
Sites. The links from this Site do not imply that Centric endorses
or has reviewed the Third Party Sites. We suggest contacting those
Sites directly for information on their privacy policies. Your
access to and use of this Site and the Service is subject to our
Terms of Use. If you have any questions or concerns about our
Privacy Policy, you can email us at: app@centric.nyc.
10. Social Media (Features) and Widgets
Our Web site includes Social Media Features, such as the Facebook
Like button and Widgets, such as the Share this button or
interactive mini-programs that run on our site. These Features may
collect your IP address, which page you are visiting on our site,
and may set a cookie to enable the Feature to function properly.
Social Media Features and Widgets are either hosted by a third
party or hosted directly on our Site. Your interactions with these
Features are governed by the privacy policy of the company
providing it.
Centric, Inc.
620 Eighth Avenue
New York, 10018
Last updated: September 5th, 2015