Introduction
- This Terms of Service document governs the use of the Destination Ditmars Merchants Association website.
- By using this website, you imply your consent to this Terms of Service document.
- Users of this website must be at least 18 years old.
Copyright Notice
- © 2024 Destination Ditmars Merchants Association. All rights reserved.
- The Destination Ditmars Merchants Association owns all rights to the design of the website. Content on the website may be owned by the association or by other copyright holders who have granted us a license to use it. By submitting any media or information, users agree to grant the Destination Ditmars Merchants Association a perpetual, royalty-free license to use the content on our website and in any other media or materials to promote the association.
Permission to Use Website
- Users are granted a limited, non-exclusive, non-transferable license to use the website.
- Users may not download copyrighted materials without the owner’s permission.
- Users may use the website for viewing information, submitting business listings, claiming and managing their own business listings, and reporting listings that violate policy.
- Website content should not be changed without oversight from the Destination Ditmars Merchants Association. Users are allowed to claim and manage their own business listings and report policy violations.
- The license to use the website does not include any resale or commercial use of the website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
- Users can share links to our blog posts or other pages on the website. However, they should not distribute the content as their own.
- The Destination Ditmars Merchants Association reserves the right to suspend or restrict access to the website at its discretion.
Misuse of Website
- Users are prohibited from using the website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website. Users must not use the website in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity. Specific activities prohibited include, but are not limited to, hacking or attempting to hack the website, sending unsolicited commercial communications, using the website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious software.
- Users are required to ensure the accuracy and truthfulness of any information they provide on the website. Any information submitted is expected to be submitted in good faith and should be accurate, current, and complete.
Use on Behalf of Organisation
- If users are using the website on behalf of an organization, they must have the authority to bind that organization to these terms and conditions.
Registration and Accounts
- Only business owners who want to claim their listing are eligible to create an account on the website.
- During the account registration process, users are required to provide their email address, phone number, name, business name, and any other necessary information to facilitate the proper functioning of the website.
- Only users or their authorized agents or representatives may access and use their accounts.
- Users must notify the Destination Ditmars Merchants Association immediately if they suspect any misuse of their account.
- Only users or their authorized agents or representatives may access and use their accounts.
User Login Details
- Login details, including a username and password, will be provided to users upon successful account registration.
- The Destination Ditmars Merchants Association reserves the right to decline any usernames deemed vulgar. Users should adhere to using professional etiquette on the website. Users may not impersonate any other user, business, or entity.
- Users are required to keep their passwords confidential.
- If users suspect that their password has been disclosed, they should immediately log in and change their password.
- The Destination Ditmars Merchants Association assumes no responsibility for any damages associated with lost passwords or any other damages resulting from the use of the website.
Cancellation and Suspension of Account
- The Destination Ditmars Merchants Association reserves the right to suspend or delete any information, media, users, listings, and other content from the website without notice, regardless of whether the services are free or paid.
- Users who wish to cancel or delete their account, whether it is a free or paid service, must contact the association via email.
Directory
- The directory includes business listings for establishments in the Ditmars area of Astoria, NY. Its purpose is to support local businesses and promote them within the local community. The directory serves as a resource for individuals to learn about and connect with local businesses.
Free Directory Listings
- Users who wish to submit listings must do so exclusively through the designated submissions page on the website. Submissions made via any other means will not be accepted. All submitted listings must be reviewed and approved by the Destination Ditmars Merchants Association before being featured on the website. Listings that do not meet the requirements and purpose of the directory will not be approved.
- Approved free listings will remain on the website indefinitely.
- Listings may be deleted at the request of a verified owner of the establishment featured in the listing or at the discretion of the Destination Ditmars Merchants Association for any reason.
Paid Directory Listings
- Paid directory listings must undergo the same submission and approval process as free listings. Payment in full is required before the listing is featured on the website.
- Users are responsible for logging in and making any necessary edits to their listings. Should users be unable to access certain information for editing, they may contact the association via email. The association does not guarantee a specific response timeframe for edit requests and disclaims any liability for inaccuracies in the listings.
- Users who purchase paid listings will have their listings displayed on the website along with the additional benefits specified at the time of purchase.
- Paid listings will remain active for the duration specified at the time of purchase.
- Paid listings may be deleted under the same conditions as free listings, either at the request of a verified owner of the establishment or at the discretion of the Destination Ditmars Merchants Association for any reason.
Rules about Directory Submissions
- All directory submissions must be accurate, relevant, and provide beneficial information to the community. Submissions should include up-to-date contact information, a clear description of the business, and any other relevant details that enhance the listing.
- All submissions must comply with the acceptable use policy of the Destination Ditmars Merchants Association. This includes prohibitions on illegal activities, misleading information, and any content that violates the rights of others or is otherwise inappropriate.
- Users are required to keep their directory submissions up to date. Users should regularly review their listings and make necessary updates to ensure accuracy and relevance.
- Directory submissions made for any unlawful purpose are strictly prohibited.
- The Destination Ditmars Merchants Association reserves the right to reject or delete any directory submissions at its discretion.
- Rejected paid submissions will be refunded. However, established paid listings that are found to violate policy will be deleted without refund.
Fees
- All applicable fees will be clearly specified on the website.
- Payments must be made through the payment service integrated into our website.
- The Destination Ditmars Merchants Association reserves the right to change the fees at any time without notice on the website. Existing users will be notified of fee changes via email.
- Disputed payments will be handled through the payment service used on our website.
- Users who cause unjustified charge-backs will be banned from the site, and any associated listings or content will be deleted.
- Non-payment of fees will result in the withdrawal of services and deletion of the associated listings or content.
Our Role
- The Destination Ditmars Merchants Association operates the website as an advertising platform for local businesses in the Ditmars area of Astoria, NY. The association does not endorse or verify the accuracy of the information provided in the business listings.
- The provision of the website and its services is subject to the following limitations of liability. The Destination Ditmars Merchants Association disclaims any and all liability for any loss or damage arising from the use of the website, including but not limited to, inaccuracies in listings, interruptions in service, or any other issues related to the website. Users agree to use the website at their own risk and acknowledge that the association is not liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with their use of the website.
Our Rights to Use Your Content
- “User content” refers to any information, media, or other materials submitted by users to the website, including but not limited to business listings, images, and descriptions.
- By submitting content to the website, users grant the Destination Ditmars Merchants Association a perpetual, royalty-free, non-exclusive license to display, reproduce, and use the content in any advertising materials or other promotional content for the association.
- The Destination Ditmars Merchants Association reserves the right to sub-license user content to partners and affiliates for promotional purposes.
- The association retains the right to bring legal proceedings in relation to any user content that violates these terms or infringes upon the rights of third parties.
- By submitting content, users waive any moral rights they may have in the content submitted to the website, allowing the association to use and modify the content without restriction.
- Users have the right to edit their own content after submission. However, the association reserves the right to continue using previously submitted content for promotional purposes.
- The Destination Ditmars Merchants Association reserves the right to delete any user content that breaches these terms and conditions.
Rules about Your Content
- Users warrant that their content complies with these terms and conditions and does not infringe upon any third-party rights.
- Users are prohibited from submitting any content that is unlawful, illegal, or infringes upon the rights of others.
- All user content must be accurate, relevant, and respectful. Content should enhance the listing’s purpose and provide beneficial information to the community. Users must not submit content that is misleading, defamatory, obscene, or otherwise inappropriate.
- Users are expected to maintain civility in their content submissions. This includes refraining from the use of offensive language and ensuring that all interactions and content submissions are conducted in a respectful manner.
- Users may include hyperlinks in their content, provided they are directly related to their business listing. The Destination Ditmars Merchants Association reserves the right to remove hyperlinks during the review and approval process if deemed necessary.
- All website users may report any content they feel violates our policies or is otherwise unacceptable. The Destination Ditmars Merchants Association reserves the right to make the final judgment on these reports, and users agree to abide by the association’s decisions.
Report Abuse
- Users are encouraged to report any abuse or violations of these terms and conditions.
- Users can report listings directly on the listing page or by emailing the association. Reports must include links to the specific page(s) containing the alleged abusive content, as well as the name and email address of the reporting user.
Limited Warranties
- The Destination Ditmars Merchants Association does not warrant the accuracy or completeness of the information provided on the website. All information is provided “as is” without any guarantees.
- The association reserves the right to discontinue the publication of the website at any time without prior notice.
- There are no implied warranties or representations related to the website. The association disclaims any and all warranties, including but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Limitations and Exclusions of Liability
- The limitations and exclusions of liability set out in this section and elsewhere in these terms and conditions govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence), and for breach of statutory duty.
- The limitations and exclusions of liability outlined herein will be interpreted to the maximum extent permissible under applicable law.
- The Destination Ditmars Merchants Association shall not be liable for any information or services provided free of charge on the website.
- The association will not be liable for any failure or delay in the performance of its obligations under these terms and conditions due to events beyond its reasonable control, including but not limited to natural disasters, war, civil unrest, or other force majeure events.
- The association will not be liable for any business losses, including but not limited to loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, or goodwill.
- The association will not be liable for any loss or corruption of any data, database, or software.
- The association will not be liable for any indirect, special, or consequential loss or damage.
- The representatives, officers, employees, agents, and subcontractors of the Destination Ditmars Merchants Association will not have any personal liability arising out of or in connection with the use of the website.
Indemnity
- Users agree to indemnify, defend, and hold harmless the Destination Ditmars Merchants Association, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses, including legal fees, arising out of or in any way connected with their use of the website, violation of these terms and conditions, or infringement of any third-party rights.
Breaches of These Terms and Conditions
- If a user breaches these terms and conditions in any way, the Destination Ditmars Merchants Association may take any action it deems appropriate to deal with the breach, including suspending or terminating the user’s access to the website, blocking computers using the user’s IP address from accessing the website, contacting the user’s internet service provider to request that they block the user’s access to the website, and/or bringing legal proceedings against the user.
- Users are prohibited from circumventing, or attempting to circumvent, any measures put in place by the association in response to a breach of these terms and conditions.
Third Party Websites
- Hyperlinks to third-party websites on the Destination Ditmars Merchants Association website do not imply any recommendation or endorsement by the association.
- The association has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites. Users acknowledge and agree that the association is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites.
Trade Marks
- The trademarks, logos, and service marks displayed on the website are the property of the Destination Ditmars Merchants Association. Users are not permitted to use these trademarks without the prior written consent of the association.
- Any third-party trademarks, logos, or service marks displayed on the website are the property of their respective owners. The association does not claim any rights in these third-party trademarks.
Variation
- The Destination Ditmars Merchants Association reserves the right to revise these terms and conditions at any time.
- For users who are not registered on the website, continued use of the website after any changes to these terms and conditions will constitute acceptance of the revised terms and conditions.
- Registered users will be notified of any changes to these terms and conditions via email. Continued use of the website after such notification will constitute acceptance of the revised terms and conditions.
Assignment
- The Destination Ditmars Merchants Association may assign, transfer, or subcontract its rights and/or obligations under these terms and conditions without notifying or obtaining consent from users.
- Users may not assign, transfer, or subcontract any of their rights and/or obligations under these terms and conditions without the prior written consent of the Destination Ditmars Merchants Association.
Severability
- If any part of these terms and conditions is found to be unenforceable or invalid, the remainder of the document will still be valid and enforceable.
- If any specific provision of these terms and conditions is determined to be unenforceable or invalid, that specific provision will be removed, but the rest of the terms will remain in effect.
Third Party Rights
- These terms and conditions are for the benefit of the parties involved and are not intended to benefit or be enforceable by any third party.
- Only the parties to these terms and conditions may exercise the rights contained within them.
Entire Agreement
- These terms and conditions, along with the privacy policy, constitute the entire agreement between the user and the Destination Ditmars Merchants Association regarding the use of the website. They supersede all prior agreements and understandings, whether written or oral, relating to the use of the website.
Law and Jurisdiction
- These terms and conditions are governed by and construed in accordance with the laws of the State of New York.
- The courts of the State of New York will have exclusive authority to resolve any disputes arising out of or in connection with these terms and conditions or the use of the website.
Our Details
- The website is operated by Destination Ditmars Merchants Association, Inc.
- Destination Ditmars Merchants Association, Inc. is a registered organization. Specific company registration details will be provided upon request.
- The primary place of business is currently not available. All inquiries should be directed to the association’s email.
- Users can contact the association via email at [email protected].