Terms

Please review our Terms of Use carefully.

BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

Welcome to the website for Rock NYC Tours (“we,” “us,” “Rock NYC Tours, Inc.“). These Terms of Use apply to our website at https:/rocknyctours.com and your access to and use of any applications, services, content or links on it, as well as to any other websites or social media channels we own and/or operate which link to these Terms (collectively, the “Site“). You may use the Site subject to: (a) the following notices, terms, and conditions and (b) our Privacy Policy (together, the “Terms“). Please note that these Terms are a binding legal agreement between you, the individual accessing the Site and Rock NYC Tours, Inc. By continuing to use the Site, you agree that your use of the Site constitutes your acceptance of and agreement to these Terms (including the Privacy Policy). If you do not agree to comply with the Terms, please do not access the Site.

1. Age and Responsibility. By accessing and using the Site, including any services we offer such as reservation booking services, you represent that you are at least 18 years old or older, if legally required, to enter into any agreements through the services we offer on the Site.
2. Privacy and Protection of Children under 18. Rock NYC Tours, Inc. does not knowingly collect or solicit personal information from anyone under the age of 18 or knowingly allow such persons to register. If you are under 18, please do not attempt to register on this website or send any information about yourself to us, including your name, address, telephone number or email address. No one under age 18 may provide any personal information to or on this website. In the event that we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible. You may not have to be a member to participate in certain contests, sweepstakes and/or special events; however, you must meet the designated minimum age requirements for the specific matter. Rock NYC Tours, Inc. will establish specific rules and terms for participation in each contest, sweepstakes and/or special event and will post this information on the Site.
3. Cross-Border Data Transmission. Rock NYC Tours, Inc. is headquartered in the United States of America (“USA“) and all of our primary data storage and processing facilities are in that country. If you are accessing the Site from another country, please note that all data we collect will be transmitted outside of your country and into the USA, where it will reside and be processed. In addition, your data may pass through or be temporarily stored or processed in countries beyond your country and the USA. By continuing to access this Site, you explicitly consent to have your data so transmitted and stored. Please review our Privacy Policy to see what types of data we collect, transmit, process and store.
4. Rock NYC Tours Intellectual Property. The content, organization, design elements, graphics, text, images, video, compilation, advertising, marks and all other material on the Site are protected under applicable copyrights, trademark and other proprietary (including but not limited to intellectual property) rights and are the property of Rock NYC Tours Inc. or its partners, who have granted Rock NYC Tours, Inc rights of use for third-party images. The copying, distribution, modification, unauthorized use or publication by you, directly or indirectly, of any such matters or any part of the website, including but not limited to the removal or alteration of advertising, except for the limited rights of use granted hereunder, is strictly prohibited.

All contents of this website are: ©2022 Rock NYC Tours

1. Restrictions on Use of the Site. You may only use the Site for personal reasons or to engage in legitimate commercial transactions proposed on the Site. As a condition of your use of the website, you will not use the website for any purpose that is unlawful or prohibited by these Terms or any other conditions and notices provided by Rock NYC Tours Inc. You may not use the website in any manner that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or interfere with any other party’s use and enjoyment of the website. You may not attempt to gain unauthorized access to any products, services, other accounts, computer systems or networks connected to any Rock NYC Tours Inc. server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website.
2. User Generated Content. On the Site, including our social media channels, we invite your comments and submissions; we hope you choose to participate. Here are the terms about any content (including text, photographs and video) you provide to us via certain functions on the Site (“Contributed Content“). You must be 18 years of age or older and have the legal right to grant any and all rights to your Contributed Content in the form of original photography, video or text.
   1. Responsibility. You agree that you are solely responsible for your Contributed Content (including any liabilities arising therefrom) and you agree to indemnify and hold Rock NYC Tours Inc. and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any loss, liability, claim or demand (including reasonable attorneys’ fees) from any claim made by any party due to or arising out of your use of the Site, including your use of the Site to provide a link to a Third-Party Site or to upload content or other information to the Site. Rock NYC Tours Inc. is not required to host, display, or distribute any Contributed Content on or through its Site and may remove Contributed Content at any time or refuse Contributed Content for any reason. Rock NYC Tours Inc. is not responsible for any loss, theft, misuse or damage of any kind to your Contributed Content.
   2. License. Except for any Personal Information, our use of which is governed by our Privacy Policy, you grant Rock NYC Tours Inc. and its partners and affiliates a perpetual, transferable, non-exclusive, worldwide license to: a) use, copy, transmit, distribute, reproduce, modify, create derivative works from, adapt, combine with other ideas or works, publish, translate, publicly broadcast and publicly display your Contributed Content (or any modification thereto) in whole or in part, in any format or medium, and b) use your Content in any manner and for the following purposes: marketing, advertising, commercial or promotional purposes that Rock NYC Tours Inc. or their affiliate agents deem appropriate.

You further grant Rock NYC Tours Inc. the right to use your name, image, likeness, appearance, voice, sounds, video or digital recordings, audio clips and the like, or that of your minor child, as such is embodied in and included with the Contributed Content. You understand and agree that you are not entitled to any payment for Rock NYC Tours Inc. use of your Contributed Content in any form. You further agree to waive, to the maximum extent permitted by law, any and all right of attribution or any other “moral right” which may vest in your Contributed Content.

1. 1. Right to Use. If you upload Contributed Content to the Site, this will constitute your representation and warranty that you have the lawful right to distribute and reproduce your Contributed Content. You represent and warrant that:
      1. you are at least 18 years of age, you have the legal right to enter into this agreement, and you are not impersonating anyone else;
      2. you represent and warrant that you own or have secured all rights necessary to display, distribute and deliver all Contributed Content on your social media accounts or website, including all necessary rights for Rock NYC Tours Inc. to use and/or share your Contributed Content;
      3. you own all rights in and to your Contributed Content including without limitation, all rights to the audio, video and or digital recording and performance contained in your Contributed Content (if any) and/or you have acquired all necessary rights to the elements appearing in your Contributed Content to enable you to grant the same rights to Rock NYC Tours Inc. as described herein;
      4. your Contributed Content is wholly original and does not infringe on the copyright, trademark, patent, trade secret or any other intellectual property rights, privacy rights, or any other legal or moral rights of any third-party individual or entity;
      5. any information contained in your Contributed Content is not known to you to be false, inaccurate or misleading;
      6. your Contributed Content does not violate any law;
      7. you were not and will not be compensated or granted any consideration by any third party for submitting your Contributed Content;
      8. your Contributed Content does not incorporate materials from a third-party website, copyright protected materials or personally identifiable information of anyone other than yourself;
      9. your Content does not reflect negatively in any way upon Rock NYC Tours Inc. or their marketing, advertising, commercial or promotional efforts; and
      10. your Contributed Content does not embody any minors other than your own children, for whom you agree to provide parental consent to the use of their image in the Contributed Content.
   2. Prohibited Content. We have determined that certain Contributed Content is prohibited on our Site (“Prohibited Content“). You agree that you will not submit any Prohibited Content, which is any Contributed Content that:
      1. is illegal or encourages or solicits illegal behavior, including any Contributed Content that infringes any third-party intellectual property rights;
      2. is obscene, harassing, pornographic, inflammatory, profane or bigoted;
      3. contains any virus, Trojan Horse or similar code designed to disrupt the Site, our systems or other computers or applications; or
      4. contains any Personal Information other than your own.
2. Remedies for Violation of the Terms. If we learn that you have violated these Terms, including posting Prohibited Content or making unauthorized use of it, we may, in addition to any other rights or remedies available to us and without any liability whatsoever, terminate or restrict your access to the Site. If we do so, the license we granted you above will be considered terminated.
3. Third-Party Content and Links. We may, from time to time, post articles, videos or other content provided by guest authors, hoteliers, restaurants, meeting planners or other people and we may also allow advertisers and partners to post content on the Site and provide links to sites and content of third parties (collectively the “Third-Party Content”) for those interested in this information. Unless specifically indicated on the Site near the Third-Party Content, we do not control, endorse or adopt any Third-Party Content or the third parties that provide it, and we make no representation or warranties of any kind regarding the Third-Party Content, including its accuracy. You acknowledge and agree that we are not responsible, and will not be held liable for, such Third-Party Content. Finally, if you choose to click on a third-party link to visit another website, you acknowledge and agree that the third-party who owns or operates the website’s terms of use and privacy policy, or similar policies — and not Rock NYC Tours Inc. — will govern your use of that site.
4. Contests, Promotions and Games. From time to time, Rock NYC Tours Inc. may offer as part of the Services, either on or through the Site, contests, promotions or games (collectively, “Promotions”). To participate in Promotions, players may be required to complete a registration form. Upon submission, all registrations become the exclusive property of Rock NYC Tours Inc. Registered users (each, a “Registered User”) are permitted only one account. Registered Users with more than one account are subject to immediate disqualification from any Promotion, unless the description of the Promotion expressly invites a user to register multiple times. Rock NYC Tours, Inc. at its sole discretion, may suspend or revoke the registration of any Registered User.

Registered Users agree to release Rock NYC Tours, Inc. and its employees, agents, advertisers, sponsors or promotional partners, from all liability arising from participation in any Promotion located on, or accessed through, the Site. Rock NYC Tours, Inc. is not responsible for technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions which may limit any Registered User’s ability to participate in any Promotion.

Each Registered User agrees to be bound by the rules of any Promotion. A Registered User who violates any of the rules or guidelines for behavior published on the Site, or the site where the Promotion is conducted, are subject to immediate disqualification and revocation of their registration. Rock NYC Tours, Inc. is under no obligation to award any prize to any Registered User who violates a published rule or guideline.

Some Games may offer prizes to Registered Users. All prizes are subject to the official game or contest rules published with that Promotion.

1. Indemnification. You agree to defend, indemnify and hold us, any underlying carrier or network provider and any of our affiliates, partners, officers, directors, employees, and assigns harmless from and against any and all claims, demands, actions, liabilities, costs or damages arising out of your use of the Site, including your submission of Contributed Content, or your violation of these Terms. You further agree to pay our reasonable attorneys’ fees and costs arising from any actions or claims hereunder and those incurred in establishing the applicability of this section.
2. Warranty, Disclaimers and Waiver.
   1. Disclaimer of Warranties, Generally. The Site, and all Rock NYC Tours, Inc. Content, Third-Party Content and other materials, information, products and services included in or made available in connection with the site are provided “as is,” with no warranties whatsoever. We expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. We also disclaim any warranties regarding the accuracy, security, reliability, timeliness, availability, compatibility and performance of the site and information thereon. We further disclaim any warranties for any information or advice obtained through any content on the site. Finally, we disclaim any warranties for services or goods received through or advertised on the site or in connection with the site or received through any links provided on the site, as well as for any information or advice received through any links provided on the site.
   2. Assumption of Risk. You agree that your use of the Site and all Contributed Content or other information you provide or submit shall be at your sole risk.
   3. Waiver of Claims. You agree to irrevocably release and forever discharge Rock NYC Tours Inc. and its affiliate agents, subsidiaries, employees and third-party providers from any and all actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against Rock NYC Tours, Inc., and affiliate agents, subsidiaries, employees and third-party providers or their respecting successors, without limitation regarding or resulting from the Site and any content on the Site, including your Contributed Content, or anything contained therein by Rock NYC Tours, Inc.
3. Limitation of Liability.
   1. Limitation of Liability. Rock NYC Tours, Inc. will not be liable under any theory of law, for any and all damages, claims, or causes (such as, but not limited to, punitive damages, breach of contract damages, loss of profits, business interruption, loss of information or data or costs of replacement goods) arising out of or relating to your use or inability to use the Site or resulting from use of or reliance on the information present, even if we may have been advised of the possibility of such damages. The exclusion of damages under this section is independent of your exclusive remedy and survives in the event such remedy fails of its essential purpose or is otherwise deemed unenforceable. These limitations and exclusions apply without regard to whether the damages arise from (1) breach of contract, (2) breach of warranty, (3) negligence, or (4) any other cause of action. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. In any event, Rock NYC Tours, Inc. aggregate liability shall not exceed $100.00.
   2. Remedy. If you are dissatisfied with the Site, you do not agree with any part of these Terms, or you have any other dispute or claim with or against us with respect to these terms or the site, then your sole and exclusive remedy is to discontinue using the Site.
   3. Limitation of Liability Not Permitted. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
4. Content Removal. Should you want your content removed from the Site, you will need to send a message with the request to  info@rocknyctour.com.  Once Rock NYC Tours, Inc. acknowledges receipt of your email request, please allow 30 days for any action to take place. Previously approved content already scheduled for or in print cannot be taken down or removed.
5. Governing Law, Jurisdiction and Venue. These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the state of New York applicable to agreements made and to be entirely performed within the state of New York, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Manhattan, New York County, New York  and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
6. Changes. We reserve the right to make changes to the Site, these Terms and any other disclaimers, terms, or conditions on the Site at any time and without notice to you. Any such changes will be incorporated into these Terms and considered binding.
7. Termination. Rock NYC Tours, Inc. may at any time terminate your use of the Service if in its sole discretion it is determined that you are not complying with these Terms or other applicable laws or regulations.
8. Severability. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
9. Questions. If you have any questions about these Terms or any other legal guidelines, please contact us at info@rocknyctour.com.  You may also contact us at out mailing address:

Rock NYC Tours, Inc
40 West 51^st Street

# 3522

New York, NY 10020-1606