Terms of Use

Table of Contents

Last Updated: July 13, 2022

Agreement

Please read these Terms of Service (the “Agreement”) carefully.

This Agreement is between you and Hell Gate, LLC (“Company” “Hell Gate”or “we” or “us”) concerning your use of (including any access to) the Hell Gate site currently located at www.hellgatenyc.com (together with any materials and services available therein, and successor site(s) thereto, the “Site). This Agreement hereby incorporates by this reference any additional terms and conditions posted by HELL GATE through the Site, or otherwise made available to you by HELL GATE, including our Privacy Policy the terms of which you agree to when you use the Site.

Your use of the Site constitutes your consent to this Agreement. By using the Services, you signify that you have read, understand, and agree to be bound by, these Terms.

You represent and warrant that you are an individual of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and have gotten your parent or guardian to agree to these Terms on your behalf). You must be sixteen (16) years of age or older to participate in any activities or services offered on our Sites and/or be a member and receive membership benefits. If you are less than 18 years of age and would like to use, subscribe, or register to any part of the Services, please ask your parent or legal guardian to review and agree to these Terms of Service before you use any part of the Services or ask them to complete the purchase and/or registration on your behalf. If you do not agree to these Terms, you are not permitted to use the Services. These Terms have the same force and effect as an agreement in writing.

We reserve the right to modify, suspend or discontinue all or any aspect of the Services with or without notice to you. Additionally, we may, in our sole and absolute discretion, change these Terms from time to time. We may notify you of any changes by any reasonable means, including by posting a revised version of these Terms through the Services or by emailing you at the address you provided upon registering for an account. The “Last Updated” legend above indicates when this Agreement was last changed. Your continued use of the Services following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.

THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES, DISCLAIMERS OF LIABILITY AND AN EXCLUSIVE REMEDY, AS WELL AS INFORMATION ABOUT CERTAIN LIMITATIONS ON YOUR ABILITY TO BRING A CLAIM AGAINST US.

Termination

We may terminate your membership or suspend your access to all or part of the Services, without notice, if you violate these Terms or engage in any conduct that we, in our sole and absolute discretion, believe is in violation of any applicable law or regulation or is otherwise harmful to the interests of us, any other user of the Services, or any third party. The “Disclaimers,” “Limitation of Liability,” Indemnification, and “General,” sections of these Terms (along with any other provision that by its terms contemplates survival) shall survive any Termination of These Terms

Contact Us

If you wish to contact us in writing, have a complaint or are required to give us notice in writing, you can contact us at: info@hellgatenyc.com.

Registration and Maintaining Your Account

Registration with the Sites is required to access certain services. Your registration information will be handled by us in accordance with our Privacy Policy. You may be required to select a password and member name for membership registration. We also reserve the right to cancel your membership or prohibit your participation in any or all of the Sites’ activities if you violate any provision of this Agreement or our Privacy Policy.

If you elect to register with us, you agree to provide true, accurate, current, and complete information as prompted by the registration form; and maintain and update such information to keep it true, accurate, current, and complete at all times. If any information you provide is or becomes untrue, inaccurate, or incomplete, we have the right to terminate your access to and use of your account and the Services. When you register with us and each time you access the Services, you may be providing certain information about yourself. You agree that we may use any information that we obtain about you in accordance with the provisions of our Privacy Policy and that you have no ownership or proprietary interest in your account other than as set out in these Terms.

You are responsible for maintaining the confidentiality of your password and any membership account information. You are solely responsible for all activities that occur under your account. We reserve the right to require you to alter your password if we believe that your password is no longer secure. You agree that we will not be liable for any loss or damage arising from your failure to adequately safeguard your password or someone else’s use of your account. You agree to indemnify and hold the Sites, their parents, affiliates, subsidiaries, operational providers and partners harmless for any improper or illegal use of your password.

Disabling Your Account

You can request to disable your account registration at any time, for any reason, by emailing us at info@hellgatenyc.com with the subject “Close My Account.” Please provide as much information as you can about your account, so we may identify the account and you correctly. If we do not receive sufficient information, we will be unable to disable or delete your account.

Subscription Services

Certain Services may be available only through creation of a subscription account and payment of a fee (“Subscription Services”). Through such Subscription Services accounts, you will have access to the Subscription Services for a fixed term, which will renew automatically.

You are not authorized to access any Subscription Services unless you have opened a subscription account and paid the appropriate fee, have received access credentials (e.g., a username and password) from us, and are using those access credentials. You may not assist anyone else in accessing Subscription Services on an unauthorized basis, including by sharing your access credentials or providing any content or other materials that you obtained through Subscription Services to third parties. You are responsible for maintaining the confidentiality of your access credentials and for all usage or activity on your Subscription Services accounts, including the use of Subscription Services by any third party authorized by you to use your access credentials. Such responsibility expressly includes any purchases made or other charges incurred on your credit card in connection with your use (or an authorized third party’s use) of the Subscription Services. In the event of any fraudulent, abusive or otherwise illegal activity on your Subscription Services accounts, we may, in our sole discretion, terminate those accounts and refer you to appropriate law enforcement agencies. You may be responsible for damages from any such fraudulent, abusive, or otherwise illegal activity.

Fees

You agree to pay all subscription fees and other charges to your Subscription Services accounts, including any applicable taxes. HELL GATE and/or the particular service provider reserves the right to change the amount of, or the basis for determining, any subscription fees or other charges for the Subscription Services and to institute new subscription fees or other charges effective upon prior notice to you.

Account Termination or Suspension

We may suspend or terminate your access to Subscription Services at any time without notice to you. If we do so, you will not be responsible for fees associated with the Subscription Services after the termination becomes effective, but you will not have any other remedies against us, and we will not issue any refunds. If you have breached or violated any obligation under these Terms, you will not be entitled to any remedy.

Account Cancellation

To cancel your subscription to Subscription Services, you must contact us at info@hellgatenyc.com. We do not refund or prorate Subscription Services, or any other purchases made through the Services, for any reason. Requests to terminate subscriptions will be effective once the billing period in which we received the cancellation concludes. HELL GATE will automatically extend the annual subscription at the conclusion of each term, and that HELL GATE will charge the credit card on file the applicable annual subscription fee per year for the next one-year term. One month before the conclusion of the annual subscription term, HELL GATE will notify subscribers of the renewal prior to charging the credit card. This billing cycle will continue in perpetuity until an annual subscriber terminates their HELL GATE membership.

ALL HELL GATE PAID SUBSCRIPTIONS WILL BE AUTOMATICALLY RENEWED AT THE END OF EACH SUBSCRIPTION PERIOD. THE SUBSCRIPTION FEE WILL BE CHARGED TO YOUR LAST PAYMENT METHOD. TO CANCEL YOUR SUBSCRIPTION, email info@hellgatenyc.com.

Your Obligations

You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable content, and online conduct.

Prohibitions. You agree NOT to use the Services or our platform to: (a) violate any local, state, national, or international law or regulation; (b) transmit any material that is abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; (c) transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation; (d) transmit any material that contains adware, malware, spyware, software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (e) stalk, harass, or harm another individual, including revealing the real name of any fellow user that has chosen to use an alias on the Services; (f) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (g) use any "robot," "spider," "rover," "scraper" or any other data-mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute any data from the Services, our network or databases; (h) use any features of the Services for anything other than their intended purpose; (i) interfere with or disrupt the Services or servers or our networks, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; or (j) assist, permit or encourage any person to perform any of the activities described above.

Other than as provided for in these Terms: you may NOT copy, make derivate works, resell, distribute, or make any commercial use of (other than to keep and share information for your own non-commercial purposes) any content, materials, or databases from our network or systems. You may not sell, sublicence or redistribute our software applications or incorporate them (or any portion of them) into another product. You may not reverse engineer, decompile or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law) or the communications protocol for accessing the Services or out networks. You may not modify, adapt, or create derivative works from the software or remove proprietary notices in the software. You undertake not to use the Services for any purpose that is fraudulent or unlawful and not to interfere with the operation of the Services. Your use of the Services must comply with our policies.

Use of Content. The content on the Services (the “Content”), including without limitation, video, text, photos, and graphics, is protected under United States and international copyright laws, is subject to other intellectual property and proprietary rights and laws and is owned by us or our licensors. All trade names, trademarks, service marks and logos on the Site not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.

Copyright

Other than with respect to your own User Submissions: (a) the Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and that of our applicable licensors; and (b) you must abide by all copyright notices, information, or restrictions contained in or attached to any Content. We grant you a personal, revocable, non-assignable, non-sublicensable and non-exclusive right to access and use the Services in the manner permitted by these Terms. You acknowledge that you have no right to have access to all or any part of the Services in source code form.

User Submissions and Interactive Areas

We may provide interactive activities for the Sites’ communities such as chat rooms, article and blog comment posting areas, reader photo upload, reader ratings and reviews, (collectively, “Interactive Areas”) for the enjoyment of our visitors.

You may submit information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials for display or distribution (via post, email, upload, or other form of transmission) to others through the Services, including any such materials that you submit through Interactive Areas (collectively, "User Submissions"). You agree that you are solely responsible for all of your User Submissions. You represent and warrant that your User Submissions and our authorized use of such submissions do not and will not infringe the rights of any third party (including, without limitation, intellectual property rights, rights of privacy or publicity, or any other legal or moral rights). You agree not to use the Interactive Areas or the Sites to make available any content that: (a) is unlawful, harmful to adults or minors, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) infringes any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any person; (c) contains unauthorized advertising or solicits other visitors; (d) is intended by the visitor to interrupt, destroy or limit the functionality or integrity of any computer software, hardware or Materials on this website; or (e) harvests or collects information about users of the Site.

The Sites, their parents, partners, affiliates, subsidiaries, members, directors, officers, employees and any contract or operational providers that conduct, operate and/or manage the Sites’ Interactive Areas will not be responsible for the action of any visitors or third parties with respect to any information, materials or content posted, uploaded, or transmitted in these Interactive Areas.

As between you and us, you own all rights to your User Submissions. However, we reserve the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes without any compensation to you and agree that HELL GATE shall not be liable to you or any third party for removing your user submissions or suspending or terminating your access to the Services (or any portion thereof). Moreover, you grant (and confirm and promise to us that you have the right to grant) to us and our affiliates, representatives, sublicensees and assigns an irrevocable, perpetual, non-exclusive, sub-licensable, royalty-free and fully-paid, license (sublicensable through multiple tiers) throughout the universe to use, distribute, syndicate, license, reproduce, modify, adapt, publish, publicly perform, create derivate works and publicly display your User Submissions (in whole or in part) in any format or medium now known or later developed; provided, however, that our exercise of our rights under the foregoing license shall at all times be subject to the limitations upon disclosure of your User Submissions imposed on us under our Privacy Policy. We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your content (but not your original content). When you use a feature on the Services that allows users to share, transform, readapt, modify, or combine user content with other content, you grant us and our users an irrevocable, non-exclusive, royalty free, perpetual, right and license in the universe to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate your content in any medium and through any form of technology or distribution and to permit any derivative works to be licensed under these same license terms. The rights granted under this section will survive the termination of these Terms.

We reserve the right to investigate your use of the Services and our platform in the event we, in our sole and absolute discretion, believe you have violated these Terms. Upon termination, we have no obligation to retain, store, or provide you with any data, information, or other content that you uploaded, stored, or transferred on or through the Services, other than as provided by law and in accordance with our Privacy Policy.

Third Party Links and Integrations

We may provide links to other Web sites or Internet resources for your convenience only, and such links do not signify or imply our endorsement of such other Web site or resource or its contents over which we have no control and which we do not monitor. You use those links at your own risk and should apply a reasonable level of caution and discretion in doing so. You agree that we shall have no responsibility or liability for any information, software, or materials found at any other web site or internet resource.

We may also integrate with third parties who will interact with you under their terms of service.

Copyright Infringement

We respect the intellectual property rights of others. Accordingly, we have a policy of removing User Submissions that violate copyright law, suspending access to the Services (or any portion thereof) to any user who uses the Services in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the Services in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, the Digital Millennium Copyright Act of 1998 (“DMCA”), we have implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe a user of the Services is infringing your copyright, please provide written notice to our agent listed below for notice of claims of copyright infringement.

CONTACT INFO

Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow us to locate that material; (d) contain adequate information by which we can contact you (including postal address, telephone number, and email address); (e) contain a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, the copyright owner's agent, or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Please do not send notices or inquiries unrelated to alleged copyright infringement to our designated copyright agent.

DISCLAIMERS

YOU EXPRESSLY AGREE THAT THE USE OF HELL GATE’S PRODUCTS AND SERVICES, INCLUDING THE SITES, IS AT YOUR SOLE RISK. SUCH PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND THE HELL GATE MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HELL GATE DISCLAIMS ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. NO ADVICE, OPINION OR OTHER INFORMATION OBTAINED THROUGH THE SITES OR FROM THE HELL GATE, ORALLY OR IN ANY MEDIA, SHALL CREATE ANY WARRANTY FROM THE HELL GATE NOT EXPRESSLY STATED IN THIS AGREEMENT.

EXCEPT AS OTHERWISE STATED, HELL GATE MAKES NO WARRANTY OR REPRESENTATION REGARDING OF CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THIS SITES OR ANY WEBSITE LINKED TO THE SITES. YOU AGREE THAT NEITHER HELL GATE, NOR ANY OTHER PROVIDERS OF PRODUCT, SERVICES OR PLATFORM RELATED TO THE SITES, ARE RESPONSIBLE FOR THE CONFIDENTIALITY OF ANY INFORMATION, (INCLUDING WITHOUT LIMITATION CREDIT CARD INFORMATION, PERSONALLY IDENTIFIABLE INFORMATION, INCLUDING EMAIL ADDRESS, PHONE NUMBER, ETC.), AND NEITHER HELL GATE NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO THE SITES ARE RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE FROM DISCLOSURE OF SUCH INFORMATION.

Limitation of Liability

HELL GATE AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, THIRD-PARTY SOFTWARE AND SERVICE PROVIDERS AND LICENSORS, AGENTS, AND OTHER REPRESENTATIVES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR ATTORNEY’S FEES, UNDER ANY LEGAL THEORY INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR STRICT LIABILITY, REGARDLESS OF WHETHER THE HELL GATE MONTHLY WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. HELL GATE’S AGGREGATE LAIBILITY TO USE FOR ANY USE OF, OR INABILITY TO USE THE SITE OR SERVICES IS LIMITED TO $100.

IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, HELL GATE’S LIABILITY, AND THAT OF ITS SUBSIDIARIES, AFFILIATES OR PARENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, BUSINESS PARTNERS, INFORMATION PROVIDERS AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS IS LIMITED TO THE FULLEST EXTENT ALLOWED BY SUCH STATES’ LAWS.

Indemnification

You agree to indemnify, defend and hold HELL GATE, its affiliates, licensors, suppliers, third-party software and service providers and licensors, advertisers and sponsors, and its and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this agreement, including any violation of these Terms & Conditions; (b) any allegation that any User Submissions infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Sites.

Special Agreement on Fee-Shifting

If you attempt to bring any legal action against HELL GATE based in any way on its products or services, including the Sites, you agree that, in the event you do not prevail or HELL GATE does prevail, you will reimburse HELL GATE for any costs and attorney’s fees associated with their defense of the action.

The Services are controlled or operated (or both) from the United States and are not intended to subject HELL GATE to any non-U.S. jurisdiction or law. The Site may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Site’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

Promotions

Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Site may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.

General

These terms, together with the terms of any end user license agreement to which you agree when downloading any software that we make available through the Services and any additional terms to which you agree when using particular elements of the Services (for example, terms specific to a site within the network of Sites or relating to the payment of fees for certain Services content or services), constitute the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof, and govern your use of the Services, superseding any prior agreements or negotiations between you and us with respect to the subject matter hereof. The use of the Services and any claim or dispute relating to the Services shall be governed by the laws of New York, without regard to its conflicts of law principles. Exclusive venue for any claim shall be in the state and federal courts located in New York. The section titles in these Terms are for convenience only and have no legal or contractual effect. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of us and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. You may not transfer your rights or obligations under these Terms to anyone else without our prior written consent.

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