Last Updated: These Terms of Service was last updated on June 26, 2020.
The Fourth Floor (the “Company,” “The Fourth Floor,” “we,” “us,” and “our”) Terms of Service (the “Agreement”) is an agreement between us and our members and those who access our Site (www.thefourthfloor.co) and or use our Service (“you”). Please review the following terms carefully because by accessing or using the Service, you signify your agreement to these Terms of Service. If you do not agree to be bound by these Terms of Service in their entirety, you may not access the Site or the Service.
I. ABOUT THE SERVICE
The Fourth Floor only approves Membership of those that meet, in our sole discretion, our Membership Criteria and Fees Policy . If you are under the age of 18, you may not become a Member or use the Services for any reason.
The Service (“Service”) allows members and non-members to review information attend certain events, and communicate with each other; the Service allows members to post material, and communicate and otherwise interact with other members and non-members.
By applying or submitting membership information, you represent and warrant that all information was true at the time of disclosure and remains true and correct without any material omission. If information is no longer true, you will provide an accurate update to The Fourth Floor within a timely fashion.
II. REGISTRATION; RULES FOR CONDUCT AND USE OF THE SERVICE
You need to be at least 13 years old to access non-member areas of the Site. Accepted members will create a personalized account which includes a unique username and a password. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
III. USE RESTRICTIONS
To use the Site, you agree that you will not:
1) Access the Service, as permitted by its normal functionality, for any reason other than your personal, non-commercial use;
2) Collect or harvest any personal data of any user of the Site or the Service
3) Use the Site or the Service for the solicitation of business;
4) Distribute any part or parts of the Site or the Service without our explicit written permission (we grant permission to the operators of public search engines to use spiders to copy materials from the Site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);
5) Use the Service for any unlawful purpose or for the promotion of illegal activities;
6) Attempt to, or harass, abuse or harm another person or group;
7) Use another user’s account without permission;
8) Intentionally allow another user to access your account;
9) Provide false or inaccurate information when applying or registering an account;
10) Interfere or attempt to interfere with the proper functioning of the Service;
11) Make any automated use of the Site, the Service or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
12) Bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
13) Circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service; or
14) Publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.
IV. POSTING AND CONDUCT RESTRICTIONS
By creating an account, or by posting information via email or other means, you are providing content (“User Content”) to the Service. You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of this User Content. The Company, however, reserves the right to remove any User Content from the Service, or refuse its service or deny access to any part of the Site or Service to any person at any time, for any reason, or for no reason, at its sole discretion and without refunding any fees.
You may use and access the Service, in accordance with these policies. Failure to adhere to any of these conditions constitutes a material breach of the Agreement. You agree:
1) You are solely responsible for your account and the activity that occurs while using your account;
2) You will not post information that is malicious, libelous, false or inaccurate;
3) You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
4) You retain all ownership rights in your User Content but you are required to grant the following rights to the Site and to users of the Service as set forth more fully under the provisions below.
5) You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others, unless you are the owner of such rights or have the appropriate permission to submit such content; and
6) You agree that we have the right to determine whether your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
Any liability, loss or damage that occurs because of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Site is not responsible for any public display or misuse of your User Content. We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service or with other Users.
V. ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service nor do we adopt nor endorse, nor are we responsible for the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Site or the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.
VI. LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Service, we may provide links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy and we have no control over them. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval or endorsement. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and these Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.
VII. COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
1) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the our designated copyright agent at [email protected] (620 Fort Washington Ave. #4C, NYC, NY 10040)
1. The date of your notification;
2. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
3. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
4. A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
5. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
6. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
7. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
1. Your physical or electronic signature;
2. A description of the content that has been removed and the location at which the content appeared before it was removed;
3. A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in New York and 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 our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in our sole discretion) be reinstated on the Site in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.
3) Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and requires that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. We may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
VIII. INTELLECTUAL PROPERTY AND LICENSE GRANT
You agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms.
By posting User Content via the Service or Site, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, biographical information, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
You consent to receive communications from us in an electronic form via the email address you have submitted and agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to [email protected] or mail to the following postal address: 620 Fort Washington Ave. #4C, NYC, NY 10040.
Opting out may prevent you from accessing certain aspects of the Service.
X. WARRANTY DISCLAIMER
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM CONTACTING OTHER USERS, YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
YOU ARE AWARE AND UNDERSTAND THAT AN EVENT MAY INCLUDE ACTIVITIES THAT ARE DANGEROUS AND THAT INVOLVE THE RISK OF SERIOUS INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. IF THAT IS THE CASE, YOU FURTHER ACKNOWLEDGE THAT ANY INJURIES THAT YOU MAY SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE BY THE FOURTH FLOOR OR OTHERS. PROVIDED THAT THE FOURTH FLOOR HAS INFORMED YOU AS TO THE NATURE OF ANY SUCH DANGEROUS ACTIVITIES, YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY PARTICIPATING IN ANY SUCH ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DEATH, OR PROPERTY DAMAGE, WHETHER CAUSED BY THE FOURTH FLOOR’S NEGLIGENCE OR OTHERWISE.
XI. LIMITATIONS OF DAMAGES
RELEASE TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident using the Service, you may specifically waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
XII. MODIFICATION OF TERMS OF SERVICE
We can amend and / or update these Terms of Service or any other Policy at any time. It is your sole responsibility to check the Site from time to time to view any such changes to this Agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms. We will endeavor to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part or your part via telephonic or email communications shall be valid.
XIII. GENERAL TERMS
If any part of this Agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this Agreement.
1) You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
2) These Terms and your use of the Site and Services are governed by the federal laws of the United States of America and the laws of the State of New York, without regard to conflict of law provisions.
4) Any unsolicited ideas or feedback or submissions that are sent to us, along with related intellectual property rights (the “Submissions”) will automatically become the property of The Fourth Floor without any compensation to you. You agree to make all necessary assignments to us and we may use the Submissions for any purpose and in any way and we are under no duty to keep the Submissions confidential.
5) The Fourth Floor may modify or take offline or otherwise make the Site or Service or a part of the Site or Service unavailable for any reason including, but not limited to, due to scheduled or emergency maintenance, events of force majeure, malicious attacks, issues with your computing device, or local area network issues.
6) The Fourth Floor reserves the right, at any time, to add, remove, amend, modify or update any part of the Site or Service and may charge a separate or additional fee that was previously provided for free of charge.
7) YOU GIVE UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST THE FOURTH FLOOR INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. This dispute resolution provisions will be governed by the Federal Arbitration Act and not by any state law concerning arbitration.
8) The Fourth Floor will not be liable for these Terms for performance delay or for non-performance due to force majore or for causes outside its reasonable control.
I. INFORMATION WE COLLECT
We collect “Non-Personal Information” and “Personal Information.” Non-Personal Information includes information that cannot be used to personally identify you, such as anonymous usage data and general demographic information. Personal Information includes your email, name etc. which you submit or otherwise provide to us.
1. Information collected via Technology
Certain parts of the site are only available to accepted members however, you do not need to be a member to access other parts of the Site. To improve the quality of the Service, we track information provided to us by your browser or by our software application when you view or use the Service, such as the website you came from (known as the “referring URL”), the type of browser you use, the device from which you connected to the Service, the time and date of access, and other information that does not personally identify you. We track this information using cookies, or small text files which include an anonymous unique identifier. Cookies are sent to a user’s browser from our servers and are stored on the user’s computer hard drive. Sending a cookie to a user’s browser enables us to collect Non-Personal information about that user and keep a record of the user’s preferences when utilizing our services, both on an individual and aggregate basis. We may use both persistent and session cookies; persistent cookies remain on your computer after you close your session and until you delete them, while session cookies expire when you close your browser.
2. Information you provide us by registering for an account
3. Children’s Privacy
The Site and the Service are not directed to anyone under the age of 13. The Site does not knowingly collect or solicit information from anyone under the age of 13, or allow anyone under the age of 13 to sign up for the Service. If we learn that we have gathered personal information from anyone under the age of 13 without the consent of a parent or guardian, we will delete that information as soon as possible. If you believe we have collected such information, please contact us at [email protected]
II. HOW WE USE AND SHARE INFORMATION
In general, the Personal Information you provide to us is used to help us communicate with you and provide you with our Services. For example, we use Personal Information to make connections, respond to questions, solicit feedback, provide technical support, and inform you about promotional offers.
We may share your Personal Information with our sponsors, employees, other members, users, and affiliates. We may also share Personal Information with outside parties if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to meet any applicable legal process or enforceable governmental request; to enforce applicable Terms of Service, including investigation of potential violations; address fraud, security or technical concerns; or to protect against harm to the rights, property, or safety of our users or the public as required or permitted by law.
You agree that by attending or participating in a live or virtual event, your image, voice, biographical information, likeness, name, and contact information may be recorded or photographed. You irrevocably grant a license to The Fourth Floor and its affiliates and agents the right to modify, edit, share, and create derivative works, display, and exploit the recording or photographs in any way we choose and without further consent or royalty or payment to you.
III. HOW WE PROTECT INFORMATION
We implement security measures designed to protect your information from unauthorized access. Your account is protected by your account password and we urge you to take steps to keep your personal information safe by not disclosing your password and by logging out of your account after each use. We may further protect your information from potential security breaches by implementing certain technological security measures including encryption, firewalls and secure socket layer technology. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. By using our Service, you acknowledge that you understand and agree to assume these risks.
IV. YOUR RIGHTS REGARDING THE USE OF YOUR PERSONAL INFORMATION AND DATA PROTECTION
- The right to access – You have the right to request the Company for copies of your personal data. We may charge you a fee for this service.
- The right to rectification – You have the right to request that the Company correct or complete any information you believe is inaccurate.
- The right to erasure – You have the right to request that the Company erase your personal data, under certain conditions.
- The right to restrict processing – You have the right to request that the Company restrict the processing of your personal data, under certain conditions.
- The right to object to processing – You have the right to object to the Company’s processing of your personal data, under certain conditions.
- The right to data portability – You have the right to request that the Company transfer the data that we have collected to another organization, or directly to you, under certain conditions.
If you make a request, we have one month to respond to you. To exercise any of these rights please email [email protected]
V. LINKS TO OTHER WEBSITES
VII. CONTACT US