These Terms & Conditions last updated on Apr, 30 2014.
This website is provided to you by SB New York, Inc. (hereinafter referred to as “Metro US”, “we” or “us”). By using this website, you accept these Visitor Terms & Conditions (“Terms & Conditions”). This website is constantly changing and we may change these Terms & Conditions from time to time and we will post such changes here and indicate at the top of these Terms & Conditions the last date on which it was updated. Unless otherwise noted, all changes will be effective when posted. By continuing to use this website after we post any such changes, you accept these Terms & Conditions as modified.
These Terms & Conditions govern your use of the Metro US website (the “Website”) and related services offered on the Website (“Services”) only and are not applicable to other services that may be offered by the Metro print newspaper or other online or print publications outside of the United States. Your failure to follow this Terms of Service agreement may result in termination of your access to the Metro US website (the “Website”) without notice and in addition to any other remedies available to Metro US.
Please also take a moment to read our Metro US Online Policy.
1. Your Good Judgment is Appreciated.
Our Terms & Conditions are intended to make the Website and our provision of Services safe and informative for all of our visitors.
Please use common sense when you use our Website. The content that appears on our sites is for informational purposes only and despite our efforts to provide useful and accurate information, errors may appear from time to time. Some of the content you find on our sites was not created, edited, or posted by us (for example, discussion group, blog and bulletin board postings). We do not endorse any views represented by third parties on the Website and we cannot vouch for any of the goods or services offered by others, nor do we guarantee the accuracy of any information appearing on the Website. Please bring our attention to any content on our Website that you believe to be inaccurate, inappropriate or in violation of these Terms & Conditions. You may email us at: [email protected].
2. Registration, Message Posting and Content.
Registration. In order to obtain access to certain Metro US services, including but not limited to Club Metro, Metro US may ask you to provide certain demographic information, including but not limited to your gender, year of birth, zip code and country. In addition, if you elect to sign up for certain services, you may be asked to register with Metro US on a form provided and such registration may require you to provide personally identifiable information such as your name, postal and email address. You agree (a) to provide true, accurate, current and complete information about yourself as prompted by the registration form. If Metro US has reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, Metro US has the right to suspend or terminate your account and refuse any and all current or future use of the Website or service (or any portion thereof). Metro US use of any personally identifying information you provide as part of any registration is governed by the terms of the Metro US Online Policy, which may be viewed here. You agree that the information you supply during the registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter the Website under the name of, another person.
Your Account. To use certain features of the Website, or as part of the registration process, you may also be given an opportunity to select a user name and password to establish an account (“Account”). You will be responsible for preserving the confidentiality of your password, and you agree to accept all responsibility for all activities that occur under your user name, password or Account. Metro US only sells products and services to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Metro Services only with involvement of a parent or guardian. Alcohol and alcohol related listings on the Metro US Website are intended for adults 21 years of age or older. You must be at least 21 years of age to purchase alcohol or use any Website functionality related to alcohol. Metro US reserves the right to refuse service, terminate Accounts, remove or edit content, or cancel orders in its sole discretion. You agree that you will notify Metro US immediately of any known or suspected unauthorized use of your Account, and that you will exit from your Account at the end of each session.
Message Posting and Content. Responsibility for what is posted in the discussion groups, bulletin boards, blogs, chat rooms or other public forums on the Website shall remain with each user. You shall be solely responsible for the content of your messages and the consequences of any such messages, and you acknowledge that Metro US does not control the messages, information or files that you or others may provide through the Website. As a condition of your use of the Website, you agree not to use the Website to send or transmit materials:
a. that are false, inaccurate or misleading;
b. that infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
c. that violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination and false advertising);
d. that are libelous, threatening or harassing;
e. that are obscene or contain any kind of pornography;
f. that contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
g. that might create liability for us or might cause us to lose (in whole or in part) the services of our Internet service providers or other suppliers;
h. that interfere with the ability of others to enjoy our site;
i. that impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Metro US;
j. that use the Website to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind;
k. that link to or include descriptions of goods or services that: (i) are prohibited under these Terms & Conditions; or (ii) you do not have a right to link to or include;
l. that contain any content that you do not have the right to make available under any law or any contractual or fiduciary relationship (such as inside information and confidential information learned under a non-disclosure agreement);
m. that gather for the purpose of spamming email addresses that have been posted by other users of the Website; or
n. that instigate or encourage others to commit illegal activities or cause injury or property damage to any person.
Metro US cannot and does not review every submission a user may make. We neither endorse nor guarantee the accuracy or propriety of any submission. We do, however, reserve the right, but do not assume the obligation, to restrict or prohibit your use of the Website if we believe you are violating any of the terms of these Terms & Conditions and to remove, edit, or relocate any submission as we see fit, whether for legal or other reasons.
Your use of the Website is limited to personal, non-commercial purposes and you are expressly prohibited from using any other user’s information, personal or otherwise, for any commercial purpose, to send chain letters, junk mail, “spam,” or other bulk communications or for developing lists. Any such use by you will be a violation of these Terms & Conditions. Your commercial exploitation of the Website is strictly prohibited without our prior written permission.
3. Rights and Responsibilities.
By using our Website and the Services, you acknowledge that we permit access to content that is protected by international copyrights, trademarks and other intellectual and proprietary rights (“Rights”) and these Terms & Conditions and applicable copyright, trademark and other laws govern your use of such content.
Limited License to You. Unless otherwise specified, you may display and print information on or from the Website for your personal, noncommercial use only. You may not modify, copy, reproduce, republish, upload, post, transmit, distribute or otherwise use any of the material on the Website, including but not limited to the Website code and software, without the prior written consent of Metro US. You may download an insubstantial amount of material from the Website and you may only use the Website for your personal, non-commercial use, provided all copyright and other proprietary notices remain intact. You may not post any content from the Website to any newsgroups, mail lists, electronic bulletin boards, or weblogs (“blogs”) without the prior written consent of Metro US. The burden of determining whether any content on the Website is or is not protected by Rights rests with you.
Links. You may establish a hypertext link to the Website so long as the link does not state or imply any sponsorship or endorsement of your site by Metro US or make use of our logo without written consent of Metro US.
No Framing. Without the prior written consent of Metro US, you may not frame or in-line link any of the content of the Website, or incorporate into another website or other service any material, content or intellectual property belonging to Metro US or its licensors.
Your License to Metro US. By posting messages, sending comments on the Website or via the Service, uploading files, or otherwise submitting any material to or through the Website, you grant Metro US and its partners, agents, affiliates and service providers (collectively, “Affiliates”) a royalty-free, perpetual, non-exclusive, unrestricted, irrevocable, worldwide license to reproduce, modify and distribute such material as we see fit for any purpose in any form, media, or technology now known or later developed. By submitting material to or through the Website, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner of the material, and that such material does not violate or infringe any rights of any third party, including but not limited to, copyright, trademark and other proprietary rights. If any third-party content is included in any materials that you submit, you must obtain permission from the content owner and attribute such content to the owner. You agree that we and our Affiliates may identify you as the author of any of your postings by name, email address, account name, or screen name as we see appropriate. You also permit any other user to access, display, and print such content for personal use.
Notice of Copyright Infringement. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via the Website, please notify us immediately by sending an email to [email protected] or by sending a notice by U.S. Mail to: Metro US Legal Department, 120 Broadway, Suite 220, New York, NY 10271. Please note that we may access and disclose your personally identifiable information in order to address any infringement claim.
Indemnity. You agree to hold us and our affiliates, agents and licensors harmless from any claim that may arise from your use of the Website.
4. Metro US Product and Service Offers.
From time to time Metro US will offer merchant vouchers for products and services for sale on the Website (“Vouchers”). All Vouchers will be redeemable through third-party merchants and will be administered through IMshopping Inc. DBA NimbleCommerce, a California corporation having a principal place of business at 4699 Old Ironsides Drive, Suite 450, Santa Clara, CA 95054 (the “Administrator”).
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Website or through your Account. You agree to use the Website and to purchase services or products through the Website for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods, services or Vouchers for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to Metro US or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.
Customer Support Services. Customer support for purchases of Vouchers will be handled by the Administrator and will be available during the hours of 9:00 a.m. to 5:00 p.m. Eastern Standard Time (EST) Monday through Friday. Administrator Customer Service may be reached at:
Contact: NimbleCommerce Customer Service
Returns, Refunds and Credits. Unredeemed, unexpired Vouchers may be returned for a refund within the first seven (7) days after the date of original purchase. After that, all sales are final. If you have a problem with your purchase, please contact the merchant first. If you still require assistance, please contact the Administrator Customer Service within forty-eight (48) hours of the close of the offer. If the merchant you bought your Voucher for has closed during the first sixty (60) days from your original purchase date, you may be offered a credit for the cost of your purchase.
Product and Offer Descriptions. Metro US attempts to be as accurate as possible. However, Metro US does not warrant that service/product descriptions or other content of any Metro US Service, product or offer is accurate, complete, reliable, current, or error-free. If an offer or product offered by Metro US is not as described, your sole remedy is to request a refund of the price paid from the Administrator.
Pricing. Except where noted otherwise, the List Price or Suggested Price displayed for offers or products or on any Metro US Service represents the full retail price listed on the product itself, suggested by the merchant or supplier, estimated in accordance with standard industry practice, or the estimated retail value for a comparably featured item offered elsewhere. The List Price or Suggested Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.
Classified Advertising. Metro US may allow for publishing of classified advertising. When you submit a classified ad for publication on the Website, you agree that the advertisement as it appears on the Website becomes the property of Metro US and you assign all ownership interest in the advertisement as it appears on Website under copyright law or otherwise to Metro US Submission of an advertisement does not constitute a commitment to publish the advertisement, and publication of an advertisement does not constitute an agreement for continued publication. We will accept only standard abbreviations and required proper punctuation. Metro US reserves the right to edit, reclassify, revise, reject or cancel any advertisement at any time, in its sole discretion. Rates and specifications are subject to change.
Real Estate Advertisements; Equal Housing Opportunity. All real estate advertising that may appear on the Website is subject to the Federal Fair Housing Act, which makes it illegal to advertise “any preference, limitation, or discrimination because of race, color, religion, sex, handicap, familial status, or national origin, or intention to make any such preference, limitation, or discrimination.” State law may also forbid discrimination based on these factors and others. We will not knowingly accept any advertising for real estate which is in violation of the law. All persons are hereby informed that all dwellings advertised are available on an equal opportunity basis. To complain of discrimination call the U.S. Department of Housing and Urban Development at 800-669-9777.
5. Third Party Content and Services
As a convenience to you, we may provide links to third-party websites. Those websites and the parties that control them are beyond our control. We make no representations as to the content, quality, suitability, functionality or legality of any sites to which we may provide links, and Metro US is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products or services and you hereby waive any claim you might have against us with respect to such products or services and such sites and their operators. You may order services or merchandise through links on our sites from persons not affiliated with us. All matters concerning such merchandise or services, including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the merchants with whom you chose to do business. We make no warranties or representations whatsoever with regard to any goods or services provided by those merchants. You will not consider us, nor will we be deemed, a party to such transactions, whether or not we may have received some form of remuneration in connection with the transaction. We will not be liable for any costs or damages arising out of any transaction (whether directly or indirectly) between you and any other person or entity.
THIRD PARTY CONTENT. THIRD PARTY CONTENT, INCLUDING BUT NOT LIMITED TO ASSOCIATED PRESS MATERIALS, TEXT, PHOTOS, GRAPHICS, AUDIO AND/OR VIDEO MATERIAL SHALL NOT BE PUBLISHED, BROADCAST, REWRITTEN FOR BROADCAST OR PUBLICATION OR REDISTRIBUTED DIRECTLY OR INDIRECTLY IN ANY MEDIUM. NEITHER THIRD PARTY CONTENT NOR ASSOCIATED PRESS MATERIALS AND ANY PORTION THEREOF MAY BE STORED IN A COMPUTER EXCEPT FOR PERSONAL AND NONCOMMERCIAL USE. THIRD PARTIES, INCLUDING BUT NOT LIMITED TO THE ASSOCIATED PRESS, WILL NOT BE HELD LIABLE FOR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS THEREFROM OR IN THE TRANSMISSION OR DELIVERY OF ALL OR ANY PART THEREOF OR ANY DAMAGES ARISING FROM ANY OF THE FOREGOING.
6. Disclaimers of Warranties
YOU AGREE THAT USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SB NEW YORK, INC., ITS AFFILIATES, AGENTS AND LICENSORS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLYED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF THE ACCURACY, COMPLETENESS, CURRENTNESS, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE NEWS, INFORMATION, MATERIALS, PRODUCTS, OFFERS, VOUCHERS AND SERVICES AVAILABLE THROUGH THE WEBSITE. WE DO NOT GUARANTEE THE WEBSITE OR OUR PRODUCTS AND SERVICES TO BE ERROR-FREE, SECURE, CONTINUOUSLY AVAILABLE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER METRO US, NOR ANY OF ITS AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE WEBSITE AND ANY NEWS, PRODUCTS, OFFERS, VOUCHERS OR INFORMATION THROUGH THE WEBSITE.
YOU ALSO AGREE THAT IF YOU RELY ON ANY DATA OR INFORMATION OBTAINED THROUGH OUR WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS FROM YOUR USE OF ANY MATERIAL AND/OR DATA.
SB NEW YORK, INC., ITS AFFILIATES, AGENTS, AND LICENSORS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES REFERRED TO, ADVERTISED ON, OR OBTAINED THROUGH THE WEBSITE, OTHER THAN THOSE EXPRESS WARRANTIES SB NEW YORK, INC. ITSELF SPECIFICALLY MAKES ON ANY SB NEW YORK, INC. ORDER FORM.
7. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL SB NEW YORK, INC. OR ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF YOUR PURCHASE OF PRODUCTS OR VOUCHERS ON THE WEBSITE OR YOUR USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE LIABILITY OF SB NEW YORK, INC., ITS AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE WEBSITE OR PRODUCTS, OFFERS, VOUCHERS OR SERVICES OBTAINED FROM THE WEBSITE WILL NOT EXCEED THE AMOUNT YOU PAID TO US FOR SUCH OFFERS, PRODUCTS, VOUCHERS OR TO USE THE WEBSITE OR THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF SB NEW YORK, INC., ITS AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
8. Discontinuance, Modification & Restrictions
We may discontinue, change, suspend, or restrict access to the Website or any portion thereof at any time without liability to you or any third party.
9. Applicable Law & Exclusive Jurisdiction
This site is controlled and operated by SB New York, Inc. from the state of New York in the United States of America. Those who choose to access our site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. These Terms & Conditions constitute an agreement made in, and to be construed in accordance with the laws of, the State of New York without regard to its conflict of law provisions. By using this site, you consent to the exclusive jurisdiction of the state and federal courts in New York County, New York, in all disputes arising out of or relating to these Terms & Conditions or the Website.
10. Dispute Resolution
You agree not take any legal action against us that relates to or arises out of the Website without first (a) sending us, via registered mail or national overnight courier service, a detailed written description of the facts and law out of which your claim arises; and (b) negotiating with us, in good faith, for not less thirty (30) days, toward resolution of the dispute. All correspondence concerning such dispute must be sent to Metro US Legal Department, 120 Broadway, Suite 220, New York, NY 10271, or such other designee as Metro US may identify from time to time.
11. Changes to These Visitor Terms & Conditions
Digital technology is rapidly evolving. If we decide to change any of the terms of these Terms & Conditions in the future, we will post such changes here and indicate at the top of these Terms & Conditions the last date on which it was updated. Unless otherwise noted, all changes will be effective when posted.
In the event that any provision of these Terms & Conditions conflicts with the law under which it is to be construed or if any provision is held invalid by a court with jurisdiction over the parties to these Terms & Conditions, such provision will be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms & Conditions will remain in full force and effect. If either party fails to insist upon or enforce strict performance by the other party of any provision of these Terms & Conditions, or to exercise any right hereunder, such a failure will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance.
These Terms & Conditions constitute the entire understanding between the parties as to the subject matter hereof, and supersedes all prior agreements and understandings relating to such subject matter.
Copyright Notice. Contents on this site are copyright 2009-2013 by SB New York, Inc. or its affiliates or licensors. Unauthorized distribution or reproduction is forbidden.
Copyright Infringement Notice. If you believe that your work has been copied and is accessible through the Website in a way that constitutes copyright infringement, or that the Website contains a link or other reference to another online location that contains materials or activity that infringes on that person’s copyright rights, please notify Metro US by providing the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512 to the following address:
Metro US Legal Department
120 Broadway, Suite 220
New York, NY 10271
Phone: (212) 457 7790
Email: [email protected]
Bloggers and Respondents
By writing on www.metro.us both bloggers and respondents understand and agree that Metro maintains ownership and use of any and all content reserving the right to distribute to other Metro’s and or its affiliates and also reserving the right to maintain quality control including editing for grammar and foul language also reserving the right to remove any and all content without reason. The opinion and statements that are listen in these sections are not necessarily representative of Metro, its ownership, management or its employees.
1. Children Under 13
Metro US will not knowingly allow anyone under the age of 13 to provide us any personally identifiable information online. We screen users who wish to provide personal information in order to prevent users under the age of thirteen from providing such information. If we become aware that we have inadvertently received personally-identifiable information from a user under the age of thirteen as part of the Service, we will delete such information from our records. If we change our practices in the future, we will obtain prior, verifiable parental consent before collecting any personally identifiable information from children under the age of thirteen as part of the Service. If you are under 13, please do not register for Club Metro, the Website, or any of our Services or provide us with any personally identifying information (such as your name, postal or email address or phone number).
2. Information Collected Through Our Services.
The information that Metro US gathers through our Services falls in to two categories: (a) information that you voluntarily supply to us; and (b) information collected automatically as you use our Services. Third-party providers and advertisers featured on, or linked to from, our Service may also gather information through processes that we do not control and subject to their own separate privacy policies which may differ from ours.
Information You Provide to Us. Metro US may collect and store information, personal or otherwise, that you voluntarily supply either while on the Website or in responding, via email or other method, to a feature published on the Website. Some examples of this type of information include demographic information which you may submit when you sign up for access to certain features on the Service, information (such as your name postal or email address) that you submit online when you register for surveys, sweepstakes or contests on the Website, information that you post on message boards or other public areas of the Website, and information contained in search requests or questions that you submit to the Website. If you decline to supply or provide Metro US with certain information while using the Service, you may not be able to use or participate in some or all of the features offered through the Service. Surveys, sweepstakes or contests are entirely voluntary and you may decline to participate at any time. Information collected about users may be used by Metro US and our affiliates and licensees to provide users with the features of the Website, to enable us to provide the products you requested, to send you email notifications about our services and products, for audits, to perform statistical analysis of user behavior in order to measure interest in the various areas of our site for product development purposes and to inform advertisers as to how many users have seen or “clicked” their advertisements. We will disclose site usage information to third parties only in aggregate.
Automatically Collected Information. Metro US also collects and stores information that is generated automatically as you navigate through the Website. For example, to enhance your experience on the Website, Metro US uses a standard feature found in browser software called a “cookie.” Cookies are small files that your web browser places on your hard drive for record-keeping purposes. By showing how and when visitors use the Metro US site, cookies help us track user trends and patterns and to show users the most relevant material available on the Service. Cookies also may save you the trouble of having to re-enter your preferences on certain areas of the Website where you may have made a selection or preference before. Metro US also uses web beacons (also known as “single-pixel GIFs”) to access cookies and to count users who visit the Website or who open any HTML-formatted email messages the Metro US may publish and send to you. Another example of information that Metro US automatically collects as you navigate the Metro US site is information about your computer’s connection to the Internet. This information allows us, among other things, to improve the delivery of our web pages to you and to measure traffic on the Website.
Mobile Device IDs and Location-Based Information. Certain mobile devices, including smart phones and tablet devices, contain unique device IDs that can be used to identify their physical location. Mobile devices also typically transmit caller ID data (which may include a phone number) when used to transmit a telephone call or text message. When you use mobile devices to access the Website or our Services, Metro US may collect and transmit unique device IDs and collect caller ID data, information about your wireless carrier, the make, model and operating system of your device and information about how you navigate within the Website. With your consent, Metro US also may use precise geolocation technology such as GPS or WiFi triangulation to collect information about the exact location of your mobile device. Metro US uses this information to provide you the content and services you request, tell you about offers we think you will value, and improve your experience using mobile applications, the Website and other Services.
Information Collected in Connection With Ad Serving, Targeting and Analytics. Metro US and its service providers may use information collected when you use the Website to serve interest-based advertisements on the Services and on other third-party websites that participate in advertising on the Website.
Metro US also may work with other third-party advertising companies and data providers to target and serve some of the advertisements you see on the Website, to send emails on our behalf, and to provide related analytics, forecasting, optimization and audience segmentation services. These companies may use their own cookies, web beacons and similar technologies to collect navigation information from our users that they may use, sometimes in conjunction with similar information gathered through other websites, to deliver advertisements tailored to match perceived user interests and/or for other purposes. To enable you to receive customized ads, content or services, some of these companies may also place or recognize a unique cookie on your browser that reflects de-identified demographic data or other information about you that they obtained from third-party data suppliers. No personally identifying data will be captured or used in the cookies.
3. How the Information is Used.
Metro US uses the information it collects from you while you are using the Service in a variety of ways, including using the information to customize features and advertising that appear on the Website and to customize your experience on the Website. Metro US does not use the information that it collects online from you while you are using the Service and Metro US will not allow third parties to use such information to send promotional offers directly to you unless you have indicated to Metro US that you would like to receive such promotional offers, either from Metro US or third parties. If you choose to receive these promotional offers, then your information may be used for direct mail or email marketing.
Except as otherwise noted herein or within the Services, we may share any information that we collect through our Services, including without limitation, your name, postal address (and any other information we combine with that information) with our affiliates, our provider and service partners and with selected third-party marketers of products and services potentially of interest to you. If you do not agree with these terms of service, do not use the Website and do not provide any personal information to Metro US.
Please remember that whenever you may disclose or publish personal information (for example, on message boards or in chat areas) that information is in the public domain and can be seen, collected and used by others not affiliated or authorized by Metro US, and it is therefore not possible for Metro US to be responsible for any unauthorized collection and use of information that you choose to disclose online.
Be advised that Metro US may occasionally release information about visitors when release is appropriate to comply with law, to enforce our Terms & Conditions agreement, or to protect the rights, property or safety of visitors to our site, the public, or Metro US.
Please also note that as our business grows, we may buy or sell various assets. In the unlikely event that Metro US, some or all of our assets, or our site is acquired by another company, information on our visitors may be among the transferred assets.
5. Questions on Privacy
Metro US Legal Department
120 Broadway, Suite 220
New York, NY 10271
Phone: (212) 457 7790
Email: [email protected]
VOID OUTSIDE OF THE 48 CONTIGUOUS UNITED STATES AND THE DISTRICT OF COLUMBIA AND WHERE PROHIBITED. DO NOT ENTER IF YOU ARE NOT AT LEAST 18 YEARS OF AGE AND A LEGAL RESIDENT OF AND LOCATED WITHIN THE 48 CONTIGUOUS UNITED STATES AND THE DISTRICT OF COLUMBIA AT THE TIME OF ENTRY.
Each Club Metro Sweepstakes (each, a “Sweepstakes”) is sponsored by SB New York, Inc., 120 Broadway, Suite 220, New York, NY 10271 (“Metro US” or “Sponsor”), and shall be governed by these Official Rules (“Official Rules”). By entering, you (the “Entrant” or “you”) agree to be bound by these Official Rules and the decisions of the Sponsor, which are binding and final in all matters relating to the Sweepstakes.
Each Sweepstakes will either be announced via an advertisement on the Metro US website containing a link to these Official Rules (“Website”) or will be announced in The Metro print newspaper publication (each, a “Sweepstakes Announcement”). Each Sweepstakes Announcement will include details pertaining to that particular Sweepstakes, including but not limited to the entry deadlines and the prize list, all information contained in an applicable Sweepstakes Announcement is hereby incorporated into these Official Rules by this reference.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. PARTICIPATION IN THIS SWEEPSTAKES CONSTITUTES YOUR ACKNOWLEDGMENT AND AGREEMENT THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS OF THESE OFFICIAL RULES.
ELIGIBILITY: This Sweepstakes is open to legal residents of the 48 contiguous United States and the District of Columbia, 18 years of age or older. Employees, officers and directors and their immediate family members (spouses, parents, step parents, children, step-children, siblings, step-siblings, and their respective spouses, regardless of where they reside) and household members (whether or not related, who share the same residence at least three months a year), of Metro US and its respective parents, partners, affiliates, subsidiaries and advertising and promotion agencies, sponsors and promotional partners are not eligible to enter or win.
TO ENTER: If entrant is an existing member of the Club Metro program, the entrant may visit clubmetro.metro.us (the “Club Metro Website”) and follow the on-screen instructions to complete and submit an entry. If entrant is not an existing member of the Club Metro program, entrant must become a member by visiting a Club Metro Website and completing the registration form. Becoming a member is free. Entry must be received by the applicable deadline stated in the Sweepstakes Announcement for the entrant to be eligible.
LIMIT: Each entrant may enter each Sweepstakes only one (1) time during the applicable Sweepstakes period. Any attempt to use multiple names or email accounts or other tactics to enter any Sweepstakes more than one (1) time may result in the entrant’s disqualification subject to the sole discretion of Sponsor. Entries generated by mechanical, script, macro or other automated means or by any means which subvert the entry process shall be void. All entries become the property of Sponsor and will not be acknowledged by Sponsor or returned to entrant. ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
DRAWING: One or more potential winners (each, a “Winner”) will be selected from all eligible entries received in a random drawing held on or about the day following the entry deadline. Odds of winning depend on the number of eligible entries received. A potential Winner will be notified using the email address provided at the time of registration for the Club Metro program. If a potential Winner does not comply, respond or make direct contact with Sponsor by the time specified in the email notification from Sponsor, or fails to accept the Prize, the potential Winner will be disqualified and an alternate Winner may be selected at random from among the remaining applicable eligible entries received, time permitting. The potential Winner and Guest (as defined below) may be required to execute and return an affidavit of eligibility, IRS W-9 form, a liability release and, where lawful, a publicity release within twenty-four (24) hours of issuance. If such documents are not returned within the specified time period, or prize notification is returned as undeliverable, or a potential Winner is not in compliance with these rules, the prize will be forfeited and, at Sponsor’s discretion, an alternate Winner will be selected. If a potential Winner is at least eighteen (18) years of age but still considered a minor in his/her jurisdiction of residence, the Prize may be awarded in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on Winner set forth herein.
PRIZE: Each Winner will be awarded the applicable prize as set forth in an applicable Sweepstakes Announcement, which may include tickets for Winner and one or more guests (collectively, such guests, “Guest) to attend a concert (“Event”) (collectively, the “Prize”). Travel is not provided as part of the Prize. The approximate retail value (“ARV”) of the Prize will be as detailed in the applicable Sweepstakes Announcement, and Prizes will be awarded as set forth in an applicable Sweepstakes Announcement.
Actual value of Prize may vary from the value stated based on factor not known at the time of Sweepstakes Announcement (e.g. depending on exact seat location and other factors, etc.). For Event ticket Prizes, Winner and Guest must be able to attend the Event on the date specified. If Winner cannot attend the Event on the date specified, the Prize will be forfeited in its entirety and awarded to an alternate winner. All Prize details are determined by Sponsor in its sole discretion. The Winner and Guest must have valid photo identification in order to claim the Prize. Event seat locations will be determined by Sponsor in its sole discretion. Tickets and passes are subject to terms and conditions set forth thereon. Winner and Guest must comply with all venue rules and regulations. Failure to do so may result in forfeiture of such portion of Prize. Winner is solely responsible for all expenses not specifically set forth herein, including but not limited to, transportation to and from the event, meals and taxes. Sponsor reserves the right to substitute a Prize (or portion thereof) of comparable or greater value, at its sole discretion. If any portion of any Prize is cancelled or postponed for any reason, Sponsor will have no obligation to award compensation in lieu thereof, the remainder of the applicable Prize will be awarded, and Sponsors will have no further obligation to the Winner. Prize cannot be assigned, transferred, changed, or redeemed for cash except at the sole discretion of the Sponsor. Sponsor is responsible only for Prize delivery and shall not be responsible for Prize utility, quality or otherwise. Each Winner will be issued an IRS 1099-MISC tax form in an amount equal to the ARV of the Prize won. All federal, state, and local taxes, and all other expenses not specifically mentioned herein are the sole responsibility of the Winner. Other restrictions may apply.
ARBITRATION: Except where prohibited by law, as a condition of participating in this Sweepstakes, entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action; and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at a AAA regional office in New York, NY; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental or consequential damages including attorney’s fees or any other damages, other than for entrant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Sweepstakes), and entrant further waives all rights to have damages multiplied or increased.
RELEASES: By participating in this Sweepstakes, entrants agree to release Sponsor, and any other organizations affiliated with the sponsorship, fulfillment, administration, prize support, advertisement or promotion of the Sweepstakes and each of their respective parents, agents, affiliates, subsidiaries, advertising and promotion agencies, and prize suppliers, and each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors, representatives and assigns (collectively, the “Released Parties”) from any and all actions, claims, injury, loss or damage arising in any manner, in whole or in part, directly or indirectly, from participation in this Sweepstakes and/or acceptance, use or misuse of the prize.
GENERAL CONDITIONS: Released Parties are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered or garbled entries, Sweepstakes messages or emails; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the Prize or in any Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to entrant’s or to any other person’s computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the Website. Persons who tamper with or abuse any aspect of the Sweepstakes or Website or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Should any portion of the Sweepstakes be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes and, if terminated, at its discretion, select the potential Winner from all eligible, non-suspect entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. Released Parties will have no liability whatsoever for, and shall be held harmless by entrants against, any liability, for any injuries, losses or damages of any kind, including death, to persons, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any Prize (including any travel or activity related thereto) or participation in this Sweepstakes. Entrants agree to indemnify and hold harmless Sponsor and the Released Parties from any and all liability resulting or arising from the Sweepstakes, to release all rights to bring any claim, action or proceeding against Sponsor and/or the Released Parties, and hereby acknowledge that Sponsor and the Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize, including express warranties provided exclusively by a prize supplier that are sent along with the Prize. Winner, by acceptance of Prize, except where legally prohibited, grants permission for Sponsor and its designees to use his/her name, address (city and state), photograph, voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, in any manner and with any materials, worldwide in perpetuity, without notice or review or approval. In the event of a dispute regarding entries received from multiple users having the same email account, the authorized subscriber of the email account at the time of entry will be deemed to be the entrant and must comply with these rules. Authorized account subscriber is the natural person who is assigned the email address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning email addresses.
REQUESTS FOR NAME OF WINNER: For the name of the winner (available after the event date), send a self-addressed stamped envelope to: “Club Metro Ticket Sweepstakes” c/o Metro US, 120 Broadway, Suite 220, New York, NY 10271, for receipt no later than a month following the end of the applicable sweepstakes. Please be sure to specify the event in the address.
SPONSOR: SB New York, Inc., 120 Broadway, Suite 220, New York, NY 10271.
The following terms and conditions (“Terms and Conditions”) govern advertising published respectively by SB New York, Inc. and Metro Boston, LLC (as applicable, “Publisher”) in the U.S. Print editions of the Metro Newspaper and on the Metro US website (collectively, the “Publication”).
1. ADVERTISING ACCEPTANCE
(a) Advertising accepted by Publisher is subject to these Terms and Conditions. Submission of a written insertion order by an advertiser or agency constitutes acceptance of these Terms and Conditions and the terms and rates contained in current and future rate cards applicable to the Publication by such advertiser or agency.
(b) Submission of an advertisement to Publisher does not constitute a commitment by Publisher to publish the advertisement. Publisher reserves the right to edit, alter, omit, or refuse any advertising submitted for publication and to insert the word “Advertisement” where deemed appropriate.
(c) Publisher reserves the right to alter any advertising material in order for the material to conform to its current modular specifications.
(d) No terms or conditions in any insertion orders, reservation orders, blanket contracts, instructions or documents that conflict with or alter these Terms and Conditions will be binding on the Publisher unless authorized in writing by an officer of the Publisher.
2. MATERIALS, CONTENT RIGHTS AND REPRESENTATIONS
(a) Requests for advertising placement delivered as camera ready materials are due before 12 noon, two (2) business days prior to the scheduled publication date. Materials may be sent electronically or via AdSend. Confirmation of timely receipt of such materials will be the sole responsibility of the sender of the material, and Publisher will not be responsible for publishing materials received after the deadline.
(b) On request, Publisher may assist advertiser with creative services in preparing its advertisements for publication, including but not limited to assistance with design, composition, text and artwork; provided however, that Publisher will not assume any obligation to perform a legal review of such advertisements, and advertiser hereby agrees that it shall retain sole responsible for the content of the advertisements including compliance with any laws regulating such advertisement.
(c) Advertiser agrees to accept the Publisher’s electronic tear sheet as proof of publication and services rendered for all ads that run in the Publication.
(d) Advertiser and agency jointly and severally represent and warrant that each advertisement submitted by it for publication in the Publication, including but not limited to those for which Publisher has provided creative services, contains no copy, illustrations, photographs, text or other content or subject matter that violate any law or infringe any right of any party. As part of the consideration and to induce Publisher to publish such advertisement, agency and advertiser jointly and severally shall indemnity and hold harmless Publisher from and against any loss, liability damages and related expenses including attorneys’ fees (collectively, “Losses”) arising from publication of such advertisements in all editions and formats of the Publication, including, but not limited to, (i) claims of invasion of privacy, violation of privacy or publicity, trademark infringement, copyright infringement, libel, misrepresentation, false advertising, or any other claims against Publisher (collectively, “Claims”), or (ii) the failure of such advertisement to be in compliance and conformity with any and all laws, orders, ordinances and statutes of the United States or any of the states or subdivisions thereof.
(a) Payment in advance is required of all advertisers unless credit is approved by publisher.
(b) Agency and advertiser are jointly and severally liable for the payment of all invoices arising from placement of advertising in the Publication and for all costs of collection of late payment.
(c) Accounts are due and payable upon billing, and become past due on the 10th day following statement date. A service charge of 1.5% per month will be assessed on past due balances, and a 50 cent minimum shall apply.
(d) Publisher reserves the right to cancel any contract and/or alter terms of payment in the event that, (i) any bill is not paid when due, (ii) the advertiser or agency becomes insolvent, makes an assignment for the benefit of creditors, is adjudged a bankrupt, a receiver of the property or business of the advertiser or advertising agency is appointed, or if the advertiser or advertising agency shall file a petition seeking relief as a debtor under the federal bankruptcy act, or if a petition is filed against the advertiser or advertising agency for reorganization under said act, or for adjudication of bankruptcy, or (iii) for any other breach of these Terms and Conditions.
(e) If an account is placed with a collection agency or attorney for collection, all commissions and discounts will be rescinded or become null and void and the full advertising rate shall apply.
(f) Advertiser shall pay all international, federal, state and local taxes on the printing of advertising materials and on the sale of ad space, and any taxes levied against advertising shall be added to the advertising charges, including but not limited to any sales taxes.
4. POSITION REQUESTS
(a) Unless otherwise accepted by Publisher as an approved premium position advertisement, advertising orders with position stipulations, special clauses, page specifications or that direct insertion of advertisements in a specific position, will be treated as requests only, and the parties agree that such requests will not be legally binding upon the Publisher. Publisher will not consider any objections to positioning of an advertisement later than 3 months after the date such advertisement is published.
(b) In the event advertiser has paid a premium for a special request or particular position, advertiser’s sole remedy for Publishers failure to publish in accordance with such request shall be limited to the refund of such premium amount to advertiser.
5. CANCELLATIONS; TERMINATION AND CHANGES
(a) Publisher expressly reserves the right to reject or cancel for any reason at any time any insertion order or advertisement without liability, even if previously accepted. In the event of cancellation for default in the payment of bills, charges for all advertising published as of the cancellation date shall become immediately due and payable.
(b) All changes and cancellations orders must be in writing and be acknowledged by Publisher. Advertisers may not cancel orders for, or make changes in, advertising after the applicable cancellation date has past. Publisher will publish advertisements and bill Advertiser for all advertising orders that are not canceled prior to the deadline. In the event Publisher accepts cancellation after any of the foregoing deadlines, such acceptance must be in writing, and such cancellation may be subject to additional charges at Publisher’s discretion.
(i) ROP Advertisements Cancellation Date. All cancellation orders for ROP Advertisements must be received by 12:00 PM on the date two (2) business days prior to the scheduled publication date (the “ROP Cancellation Date”).
(ii) Premium Advertisement Cancellation Date. All cancellation orders for Premium Advertisements (e.g. front cover units, integrated advertisements, 3/5/7 premiums, back cover, cover wraps, pop-ups and inserts) must be received by 12:00 PM on the date eight (8) business days prior to the scheduled publication date (“Premium Cancellation Date”).
(c) In the event that a cancellation results in an advertiser’s agreed-upon contracted dollar amount or advertising frequency level not being achieved, the advertiser or agency will be invoiced a charge for the short rate (the retroactive application of the higher rate earned).
6. PUBLISHER LIABILITY
(a) Publisher is not be liable for failure or delay in printing, publishing or circulating any copies of the Publication in which advertising is placed that is caused by, or arising from, an act of God, accident, strike, terrorism, labor disputes, government action, war, fire, breakdown of equipment, or any other occurrence beyond Publisher’s control.
(b) Publisher’s liability for errors or omissions in advertisements or advertising inserts shall be limited to the cost of advertising space affected by the error. Publisher’s liability for failure to publish any advertisement or distribute any advertising insert shall be limited to a refund of any amount paid to Publisher for such advertisement or insert. In order to pursue a claim for adjustment, the advertiser or agency agrees to provide Publisher with details of all disputes utilizing the newspaper reference number printed on the invoice and forward it with their payment within 30 days of the invoice date. Notwithstanding the foregoing, Publisher shall have no liability for, and no credit shall be issued to advertiser for errors that do not materially affect the value of the advertisement or advertising insert or where advertiser is responsible for the error or omission. Credits for errors in advertisements or advertising inserts materially affected by the error are considered for the first publication or distribution only. In no event shall Publisher be liable for any indirect, consequential, special or incidental damages, including, but not limited to, lost income or profits.
(c) Publisher is not responsible for errors involving orders, cancellations or corrections that are not given in writing.
7. RATE CHANGES AND CIRCULATION
(a) The conditions of advertising in the Publication are subject to change without notice, and Publisher reserves the right to revise its advertising rates at any time. Publisher will announce advertising rate changes thirty (30) days in advance to contract advertisers.
(b) Publisher is a member of the Certified Audit of Circulations (CAC) and circulation quotes are based on CAC’s reported circulation for Publisher. CAC’s reported circulation figures represent historic circulation levels and do not guarantee future circulation levels. Publisher is not liable for any errors or omissions contained in information supplied to Publisher by the CAC. Publisher does not guarantee any level of circulation, past, present or future to advertisers.
This Agreement and the rights and obligations hereunder are personal to Advertiser and may not be assigned by any act of Advertiser or by operation of law, change of control of Advertiser or otherwise without the prior written consent of Publisher, to be granted or not granted in Publisher’s sole and absolute discretion. Advertiser may not assign to, nor utilize for the benefit of another person or entity, any of the lineage required to be purchased by Advertiser without Publisher’s prior written consent, to be granted or not granted in Publisher’s sole and absolute discretion.
(a) Advertiser agrees that no representations of any kind have been made to advertiser by Publisher or its employees and agents and that no agreement or understanding has been made outside of these Terms and Conditions.
(b) Notwithstanding anything to the contrary herein, under no circumstances shall Publisher be liable to advertiser or agency for any consequential, punitive, incidental or special damages, and in no event will the aggregate liability of Publisher to advertiser, agency or any third party arising out of or in connection with this agreement exceed the total cost of the advertising space giving rise to such liability.
(c) In the event Publisher provides contest or sweepstakes management services, email design or distribution, product sampling or distribution services, or other promotional services in connection with advertisements placed in the Publication, agency and advertiser jointly and severally represent and warrant that any materials, products (including, but not limited to, prizes) or services provided by or on behalf of agency or advertiser will not result in any claim against Publisher. As part of the consideration and to induce Publisher to provide such services, agency and advertiser jointly and severally shall indemnify and hold harmless Publisher from and against any Losses arising from such materials, products or services, including, but not limited to, those arising from any Claims.
(d) Publisher’s acceptance of an advertisement for publication in the Publication does not constitute an endorsement of the product or service advertised. No advertiser or agency may use the Publisher’s or the Publication’s name or logo without Publisher’s prior express written permission for each such use.
(e) These Terms & Conditions constitute an agreement made in, and to be construed in accordance with the laws of, the State of New York without regard to its conflict of law provisions. By using signing the insertion order, you consent to the exclusive jurisdiction of the state and federal courts in New York County, New York, in all disputes arising out of or relating to these Terms & Conditions or the Advertisement.