Welcome to NYOOOZ
NYOOOZ("NYOOOZ," "we," "us," "our") provides its services (described below) to you through its website located at www.NYOOOZ.com (the "Site") and through its related mobile applications and services (collectively, such services, including any new features and applications, and the Site, the "Service(s)"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service"). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time without further notice. You should periodically visit this page to review the current Terms of Service so you are aware of any revision to which you are bound. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Service and to review such changes.
Access and Use of the Service
The Service is designed to analyze data from online user activities and user generated content on social networking sites and services to measure and analyse online buzz of a topic ("NYOOOZ Sentiment").
Modifications to the Service and NYOOOZ Sentiments.
NYOOOZ uses proprietary algorithms to analyze data available from third party services and then displays NYOOOZ Sentiment on our Service. We continuously work towards improving our algorithms to more accurately reflect the social sentiment. Accordingly, we reserve the right at any time, with or without notice to you, to (a) modify our algorithms, and (b) modify or discontinue, temporarily or permanently, the Service (or any part thereof). You acknowledge that such modifications to our algorithms may result in changes to NYOOOZ Sentiment and other values of the product. You agree that NYOOOZ will not be liable to you or to any third party for any modification of our algorithms or NYOOOZ Sentiments, or any modification, suspension or discontinuance of the Service.
NYOOOZ does not analyze non-public data unless you give us explicit permission to do so (such as when you log into the Service using Facebook or Twitter). If you are not a user of our Service and wish to delete your account, please click here write tocontact@NYOOOZ.com. If you are a registered user of the Service, please log in to your account before following the link in order to delete your account.
NYOOOZ may provide access to portions of our Site and Services via RSS feeds or APIs; for the purposes of these Terms, such access constitutes use of the Services. Any such use is also subject to our API Terms.
Your Registration Obligations:
Member Account, Password and Security:
You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify NYOOOZ of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session when accessing the Service. NYOOOZ will not be liable for any loss or damage arising from your failure to comply with this Section.
General Practices Regarding Use and Storage:
You acknowledge that NYOOOZ may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that NYOOOZ Sentiments, data or other content will be retained by the Service and the maximum storage space that will be allotted on NYOOOZ's servers on your behalf. You agree that NYOOOZ has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that NYOOOZ reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that NYOOOZ reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Conditions of Use
You are solely responsible for all video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials ("content") that you upload, post, publish or display (hereinafter, "transmit") or email or otherwise use via the Service. The following are examples of the kind of content and/or use that is illegal or prohibited by NYOOOZ. NYOOOZ reserves the right to investigate and take appropriate legal action against anyone who, in NYOOOZ's sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
You agree to not use the Service to:
a. Email or otherwise transmit any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains 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; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of NYOOOZ, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose NYOOOZ or its users to any harm or liability of any type
b. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service
c. Violate any applicable local, state, national or international law, or any regulations having the force of law
d. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
e. Solicit personal information from anyone under the age of 18
f. Harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications
g. Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized
h. Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
i. obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.
To the extent the Service or any portion thereof is made available for any fee, you may be required to select a payment plan and provide NYOOOZ information regarding your credit card or other payment instrument. You represent and warrant to NYOOOZ that such information is true and that you are authorized to use the payment instrument. We reserve the right to change NYOOOZ's prices at any time.
Unless otherwise expressly authorized by NYOOOZ or within the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service or access to the Service. Unless otherwise expressly agreed by NYOOOZ, the Service is for your personal use.
The Service includes certain services that are available via a mobile device, including (i) the ability to browse the Service and the Site from a mobile device and (ii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). To the extent you access the Service through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding NYOOOZ and other entities by notifications, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
Intellectual Property Rights
Service Content, Software and Trademarks:
You acknowledge and agree that the Service may contain content ("Service Content") that is protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by NYOOOZ, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith (for example, mobile applications, badges and other widgets) is the property of NYOOOZ, our affiliates and our partners (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by NYOOOZ.
The NYOOOZ name and logos are trademarks and service marks of NYOOOZ (collectively the "NYOOOZ Trademarks").
Other NYOOOZ, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to NYOOOZ. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of NYOOOZ Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of NYOOOZ Trademarks will inure to our exclusive benefit. Any permitted use of the NYOOOZ Trademarks must be in accordance with our policies.
Third Party Material:
Under no circumstances will NYOOOZ be liable in any way for any content uploaded by third parties or at the direction of users, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content uploaded or emailed via the Service. You acknowledge that NYOOOZ may not pre-screen content, but that NYOOOZ and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, NYOOOZ and its designees will have the right to remove any content that violates these Terms of Service or is deemed by NYOOOZ, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service:
You are solely responsible for the content and other materials you upload through the Service or share with other users or recipients (collectively, "User Content"). You will not upload any content that you did not create or that you do not own all right, title and interest in and to, including, without limitation, all copyright and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant NYOOOZ and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service ("Submissions"), provided by you to NYOOOZ are non-confidential and NYOOOZ will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that NYOOOZ may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of NYOOOZ, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
To be effective, the notification must be in writing and contain the following information:
NYOOOZ respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify NYOOOZ of your infringement claim in accordance with the procedure set that will be made available upon request. A notification of claimed copyright infringement should be emailed to NYOOOZ's Copyright Agent at contact@NYOOOZ.com.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
- description of the copyrighted work or other intellectual property that you claim has been infringed
- description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service
• your address, telephone number, and email address
- statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law
- statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
- Your physical or electronic signature
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled
- statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, NYOOOZ will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 20 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Third Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. NYOOOZ has no control over such sites, resources and NYOOOZ is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that NYOOOZ will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that NYOOOZ is not liable for any loss or claim that you may have against any such third party.
Social Media Services
In addition, NYOOOZ is not responsible for the accuracy, availability or reliability of any information, data, content, goods, opinions, advice or statements made available in connection with Social Media Services. As such, NYOOOZ is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Media Services. The integration or inclusion of such features does not imply an endorsement or recommendation of any particular Social Media Service.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NYOOOZ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
NYOOOZ MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PERKS, PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NYOOOZ WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NYOOOZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL NYOOOZ'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID NYOOOZ IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
You agree that NYOOOZ, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Service and remove and discard your account information or any content within the Service, for any reason, including, without limitation, for lack of use or if NYOOOZ believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Service may be referred to appropriate law enforcement authorities. NYOOOZ may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that NYOOOZ may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that NYOOOZ will not be liable to you or any third party for any termination of your access to the Service.
You agree that you are solely responsible for your interactions with any other user in connection with the Service, and NYOOOZ will have no liability or responsibility with respect thereto. NYOOOZ reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
These Terms of Service constitute the entire agreement between you and NYOOOZ and govern your use of the Service, superseding any prior agreements between you and NYOOOZ with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software (including without limitation Social Media Services). 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 Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Service may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Service.
Questions? Concerns? Suggestions?
Please contact us at contact@NYOOOZ.com or NYOOOZ to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Service.
Information Collection and Use
A Note About How NYOOOZ Works
Our Services analyze data that is made available publicly through the Internet in order to measure the buzz and create a sentiment ("NYOOOZ Sentiment") for Internet users, including, but not limited to, our registered users. NYOOOZ presents some of this data on the Site and our mobile application(s), such data may also be available on other websites and NYOOOZ may share this data with our third party partners (as described in more detail below). NYOOOZ does not analyze non-public data from private networks (in other words, networks that are password-protected) unless you authorize us to access such data.
Information Collected Upon Registration
If you desire to have access to certain restricted sections of the Services and/or to have access to or use of certain parts of the Services, you will be required to become a registered user, and to submit certain Personal Information to NYOOOZ. Personal Information that we may collect in such instances may include your full user name, password, email address, city, time zone, telephone number, and other information that you decide to provide us with, or that you decide to include in your public profile.
Providing additional information beyond what is required at registration is entirely optional, but enables you to better identify yourself and find opportunities in the NYOOOZ system.
NYOOOZ receives location information from the Social Media Services (as defined below) that you enable within the Service and also (with your permission) from your mobile device ("Geo-location Data"). We use Geo-location Data to complete your NYOOOZ profile (for example, to indicate that you are located in San Francisco), customize the Service to make it more relevant to you (for example, to show you influential topics in your area).
When you interact with the Site or use our Services, our servers automatically receive and store certain personally non-identifiable information ("Log Data"). This Log Data is collected passively and may include information such as your IP address, browser type or the domain from which you are visiting, the Site pages you visit, the search terms you use, and any advertisements on which you click. For most users accessing the Internet from an Internet service provider, the IP address will be different every time you log on. We use Log Data to provide you with the Services (for example, to provide push notifications on your mobile device) and pool it with other information to monitor the use of the Services, and for the technical administration of the Services. We do not associate your IP address with any other Personal Information to identify you personally, except in cases where we are asked to comply with a subpoena or other legal demand or where we suspect that there has been a violation of our policies, our Terms of Service and/or applicable law.
Use of Information
In an ongoing effort to better understand and serve the users of our Services, NYOOOZ also often conducts research on its customer demographics, interests and behavior based on the Personal Information and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and NYOOOZ may share this aggregate data with its affiliates, agents and business partners. This aggregate information does not identify you personally. NYOOOZ may also disclose aggregated user statistics in order to describe our Services to current and prospective business partners and to other third parties for other lawful purposes.
Information Sharing and Disclosure
We consider your information to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Information with certain third parties without further notice to you, as set forth below.
We engage certain trusted third parties to perform functions and provide services to us, including, without limitation, hosting and maintenance, customer relationship, database storage and management, and direct marketing campaigns. We will share your Personal Information with these third parties, but only to the extent necessary to perform these functions and provide such services.
Social Media Services
NYOOOZ may sell, transfer or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
Disclosures for Legal Purposes
NYOOOZ may disclose your Personal Information if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of NYOOOZ, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability.
NYOOOZ is very concerned about the security of your Personal Information. We employ administrative, physical and electronic measures designed to protect your information from unauthorized access. However, no Internet or email transmission is ever fully secure or error free. We will make any legally-required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored Personal Information to you via email or conspicuous posting on this Site in the most expedient time possible and without unreasonable delay, consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.
Links to Other Websites
Our Services contain links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit personally identifiable information from you. Other sites follow different rules regarding the use or disclosure of the personally identifiable information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.
Our Policy Towards Children