Terms of Service

Last Updated: December 28, 2024

Please read these Terms of Service ("Terms", "Terms of Service") carefully before using [Website Name] (the "Service") operated by [Company Name] ("us", "we", "our"), a company registered in the State of New York.

1. Acceptance of Terms

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service. These Terms constitute a legally binding agreement between you and [Company Name] under New York State law.

2. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. We will provide notice of any changes by updating the "Last Updated" date at the top of these Terms and sending an email notification to registered users. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes.

3. Account Registration

When you create an account with us, you must:

- Provide accurate, complete, and current information

- Be at least 18 years of age or have the legal consent of a parent or guardian

- Create only one account per person

- Comply with New York State's electronic signature laws (NY State Technology Law § 304)

4. User Responsibilities

You are responsible for:

- Maintaining the confidentiality of your account and password

- Restricting access to your computer and account

- All activities that occur under your account or password

- Complying with New York State's Internet Security and Privacy Act

5. Acceptable Use

You agree not to:

- Use the Service for any illegal purposes under New York State or federal law

- Violate New York State's cybersecurity regulations (23 NYCRR 500)

- Infringe upon the rights of others

- Engage in deceptive trade practices as defined by NY GBL § 349

- Interfere with or disrupt the Service

- Attempt to bypass any security measures

6. Intellectual Property

The Service and its original content are protected by New York State and federal intellectual property laws. Our intellectual property rights are enforced in accordance with NY Arts and Cultural Affairs Law § 33.01.

7. User Content

By posting content to the Service, you:

- Grant us a non-exclusive, transferable, sub-licensable license to use your content

- Warrant that your content doesn't violate NY Civil Rights Law § 50 and § 51 (right of publicity)

- Agree to comply with New York's Digital Media Law requirements

8. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including breach of these Terms. Termination will be handled in accordance with NY General Obligations Law § 5-903.

9. Limitation of Liability

To the extent permitted by New York State law, in no event shall [Company Name] be liable for any indirect, incidental, special, consequential or punitive damages. This limitation complies with NY General Obligations Law § 5-323.

10. Disclaimer

Your use of the Service is at your sole risk. The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, to the extent permitted by New York State law.

11. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. Any disputes shall be resolved in the New York State courts, and you consent to the exclusive jurisdiction of the state and federal courts located in New York.

12. Class Action Waiver

In accordance with New York State law, you agree to waive any right to participate in a class action lawsuit against us, to the extent such waiver is permitted by law.

13. Contact Information

For any questions about these Terms, please contact us at:

- Email: [Contact Email]

- Address: [Company Address in New York State]

- New York State Registration Number: [If applicable]

14. Privacy Policy

Our Privacy Policy complies with New York State's cybersecurity regulations (23 NYCRR 500) and the Stop Hacks and Improve Electronic Data Security (SHIELD) Act.

15. Data Breach Notification

In the event of a data breach, we will notify affected users in accordance with New York State's Information Security Breach and Notification Act (General Business Law § 899-aa).

16. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction in New York State, such provision shall be modified to the minimum extent necessary to make it valid and enforceable.