Terms of Use

Introduction

Welcome to the 530 Hospitality, LLC, (DBA “The Skylark”) (“530 Hospitality” or “We”) website located at www.theskylarknyc.com (the “Website”). 530 Hospitality provides this Website to you subject to the following Terms of Use and Privacy Policy (together, the “Terms”). When you use this Website, you agree to abide by these Terms. If you do not agree to abide by these Terms, you may not use this Website. Please read these Terms carefully.

530 Hospitality reserves the right to make changes to this Website and to modify these Terms at any time at its sole discretion. We encourage you to review these Terms frequently for such modifications. By your use of this Website, you agree to abide by any such modifications to these Terms, which are binding on you.

I. Terms of Use

For Informational Purposes Only

530 Hospitality makes available the information on this Website for informational purposes only. You are solely responsible for the information you provide on this Website and for the information you use that you view on this Website. This information is not intended as business advice by 530 Hospitality or its affiliates and should not be used for that purpose. Information on this Website is not intended to create any business relationship, and it should not be considered a replacement for direct consultation with 530 Hospitality. If you have questions or concerns, please contact 530 Hospitality directly.

Copyright and Trademark Information

The content included on this Website, such as text, graphics, logos, images and software is the property of 530 Hospitality and/or its content suppliers and is protected by copyright and trademark laws. The compilation of the content on this Website is the property of 530 Hospitality and/or its content suppliers and is protected by copyright laws.

In the event you upload any content, including without limitation photographs, to this Website, you (i) represent to 530 Hospitality and its affiliates that you have all rights necessary; (ii) agree to indemnify 530 Hospitality and its affiliates for any third party infringement claims related thereto; and (iii) hereby license to 530 Hospitality and its affiliates a perpetual non-cancellable license to use such uploaded content for any purposes in any media now existing or hereafter developed.

License for Your Use

For any period of time that you use this Website and abide by these terms, 530 Hospitality grants to you a limited, revocable and nonexclusive license to access this Website for your use but not to copy, download or modify it, or any portion of it, except with the express written consent of 530 Hospitality. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, visited or otherwise exploited without the express written consent of 530 Hospitality. You may not utilize framing to enclose any trademark, logo, content or other proprietary information contained on this Website without the express written consent of 530 Hospitality. You may not use any meta tags or any other “hidden text” utilizing 530 Hospitality or its affiliates’ name or trademarks without our express written consent.

You agree to use this Website only for lawful purposes, and you acknowledge that your failure to do so may subject you to civil or criminal liability. You are responsible for ensuring that any materials you post or submit to this Website do not violate the copyright, trademark, trade secret or other personal or proprietary rights of any third party. You agree not to disrupt, modify, or interfere with this Website or its associated software, hardware and servers in any way and you agree not to impede or interfere with others’ use of this Website. You further agree not to alter or tamper with any information or materials on or associated with this Website that you have not entered.

Any unauthorized use or violation of these terms automatically terminates the permission or license granted by 530 Hospitality to access and subscribe to this Website.

Website Links

This Website may provide links or references to third party websites or applications, including without limitation, third party websites or applications of advertisers or of providers of informational articles or other users. 530 Hospitality is not responsible for any information you choose to provide to those third party websites or applications; any information, products or services you acquire from those third party websites or applications, or any damages arising from your access to or use of those third party websites or applications. Any links to third party websites and applications are provided as a convenience to the visitors of this Website and any inclusion of any such links in this Website does not imply an endorsement or warranty of the third party websites or applications or their security, content, products, offerings or services. You are cautioned that any third party websites or applications are governed by their own terms of use and privacy policies, so when linking you should make sure to visit the appropriate pages of those third party websites or applications to determine what terms of use and privacy policies will apply to your use.

Disclaimer of Warranties and Limitation of Liability

530 HOSPITALITY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE MATERIALS AND/OR CONTENT ON THIS WEBSITE OR THIS WEBSITE FOR ANY PURPOSE. BY YOUR ACCESS TO THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING THIS WEBSITE AND/OR ANY LINKS TO THIRD PARTY WEBSITES AT YOUR OWN RISK. THIS WEBSITE IS PROVIDED BY 530 HOSPITALITY ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. 530 HOSPITALITY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIAL, CONTENT, TEXT, GRAPHICS, EMAIL RESPONSES, LINKS AND OTHER ITEMS CONTAINED ON THIS WEBSITE OR ON ANY OTHER THIRD PARTY WEBSITE. 530 HOSPITALITY DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR MESSAGES SENT FROM 530 HOSPITALITY ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. 530 HOSPITALITY SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, OR ITS CONTENT OR ANY THIRD PARTY MATERIAL OR WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.

THE INFORMATION CONTAINED ON THIS WEBSITE AND IN ANY RESPONSES TO YOU ARE INTENDED TO BE FOR GENERAL INFORMATION PURPOSES ONLY, ARE NOT CONFIDENTIAL. INFORMATION TRANSMITTED TO THIS WEBSITE IS NOT ENCRYPTED. ANY INFORMATION YOU PROVIDE YOU DO AT YOUR OWN RISK. THIS INFORMATION SHOULD NOT BE USED AS A SUBSTITUTE FOR CONSULTING WITH YOUR BUSINESS AND/OR OTHER PROVIDERS.

Applicable Law and Jurisdiction

By visiting this Website, you agree that these Terms for all purposes shall be governed and construed in accordance with the laws of the State of New York, without regard to principles of conflict of law, and that any action based on or alleging a breach of these provisions must be brought in a state or federal court located in the State of New York. In addition, you agree to submit to the personal jurisdiction and venue of such courts.

Notification of Claims of Infringement

If you are a copyright owner or an agent thereof and believe that any user submitted information or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) 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;

(iii) 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 Copyright Agent to locate the material;

(iv) Information reasonably sufficient to permit the Copyright Agent to contact you, such as an address, telephone number, and, if available, an electronic mail address;

(v) 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; and

(vi) 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.

530 Hospitality’s designated Copyright Agent to receive notifications of claimed infringement is: Copyright Agent, Luisa Marciano; email: lmarciano@abigailkirsch.com; facsimile: 914-366-8964.

You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.