Website Terms and Conditions
StreetPark, LLC provides a software application, protected by US and international intellectual property laws, which is intended to help drivers locate free parking spaces in and around certain designated areas of New York City. The StreetPark system relies on users to accurately identify where they are parked and to report when they plan to vacate their spaces so that other users can reliably reserve the vacated spaces at the specified times. These Terms and Conditions govern your use of the application and website operated by StreetPark, LLC (“StreetPark” or the “Company”). In consideration of the right to access and use the website located at the Universal Resource Locator http://www.streetparknyc.com/ (the “Site” or the “Website”), and to utilize the services offered through the Website, you agree to the terms and conditions of use set forth herein, along with any rules, policies and procedures that StreetPark may institute from time-to-time (this “Agreement”).
This Agreement applies to the Services (as defined in the “Services” section below) currently offered by the Company and Services that the Company may choose to offer in the future (unless stated otherwise).
The Website and the Services are available only to, and may only be used by, individuals and entities able to form legally binding contracts under applicable law. The Services offered hereunder are not available to children (persons under the age of 13) or to any user who has been suspended from any of the Sites, whose use has been restricted for any reason or whose registration has been revoked. If you are under the age of 13, you can use the Services only in conjunction with, and under the supervision of, your parents or guardians. If you do not qualify, please do not use the Website or the Services. If you are acting on behalf of any entity or organization, you warrant and represent that you have the authority to bind the entity to this Agreement.
YOUR USE OF THE WEBSITES OR THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AND INDICATES YOUR WILLINGNESS TO BE BOUND BY THESE TERMS AND CONDITIONS.
Website Content. StreetPark may present information and content through the Website, including but not limited to, articles, opinions, text, statistics, data, location information, time stamps, software applications, commentary, advertisements, graphics, illustrations, calendars, designs, games, reviews, video and audio files, programs, code, and photos, in addition to User Generated Content (as defined herein) (collectively, "Content"), that is owned or licensed by the Company. The Sites may also include materials, applications and information owned by third parties and posted on the Sites by virtue of a license, grant or some other form of agreement between the third party and StreetPark. When used in this Agreement, "we", “us” and "our" mean StreetPark.
By using the Website and listing parking space information, you acknowledge that other users will rely on the accuracy of the information that you provide. You therefore agree to provide accurate time and location information and to arrive and depart from designated parking spaces according to schedule. If you become aware that you will be unable to arrive or depart as scheduled, you agree to immediately notify StreetPark of the revised scheduled arrival or departure time, as the case may be.
Although we strive for 100% accuracy and will make every effort to notify users of any problems that may arise, StreetPark shall not responsible for inaccurate information that appears on the Website or through the Services. StreetPark does not make any representations as to the accuracy or completeness of Content, including but not limited to listed parking spaces, or assume any liability for any loss that may result from the reliance by any person upon any Content we provide.
Services. Through the Website, you may be able to review Content (as defined herein), upload and download files, register for membership, purchase products, make donations, sign up for events, pay for goods and services, communicate and establish relationships with other users, and post information, opinions and comments (collectively, the “Services”). StreetPark reserves the right to change, suspend and discontinue any aspect of the Services at any time including, but not limited to, the nature of the Services offered, databases, hours of availability, and software needed for access or use. Notwithstanding anything herein to the contrary, StreetPark reserves the right to permit or restrict any user’s access to the Services and/or Website in its sole and absolute discretion.
Profiles, Blogs and Boards. StreetPark offers original and third party information on the Website. You may be invited to provide custom screen names, icons and other profile information (collectively, “Profile Information”), and you may be permitted to comment on, post, transmit or submit messages, ideas, concepts, techniques, know-how and other information and materials, which may include uploading files, inputting data, including location specific data provided manually or automatically by an electronic device, providing personal information, submitting opinions or engaging in any form of communication that you submit, post and display on the Website or through the Services (collectively, and together with Profile Information, "User Generated Content") to other Website users, blogs, bulletin boards and public areas (collectively "Forums") within or in connection with the Site or in connection with the Services. In submitting User Generated Content to Forums, you agree to strictly limit yourself to the subject matter for which the Forums are intended.
User Generated Content. StreetPark does not endorse or have any control over User Generated Content submitted by you or others and accepts no responsibility whatsoever in connection with or arising therefrom. User Generated Content submitted through the Site is not necessarily reviewed by the Company prior to posting. If at any time the Company chooses, in its sole discretion, to monitor the Forums, the Company nonetheless assumes no responsibility for User Generated Content, no obligation to modify or remove any inappropriate or inaccurate User Generated Content, and no responsibility for the conduct of the user submitting any User Generated Content.
The Company makes no warranties, express or implied, as to the suitability, accuracy or reliability of any files, data, ideas, information, opinions, location information, communications, messages, posts, transmissions or other content and materials, including User Generated Content, accessible on or through the Website or the Services. Nonetheless, the Company reserves the right to prevent you from submitting User Generated Content and to edit, restrict or remove any User Generated Content for any reason at any time. You agree that StreetPark shall accept no liability if we prevent, in our sole discretion, your User Generated Content from being submitted, or we edit, restrict or remove it. You also agree to permit any other user of the Site and any third-party website on which your User Generated Content may be included, to access, view, store and reproduce the material for such user’s personal use.
Certain portions of the Website may offer you the ability to send (by e-mail or otherwise) messages directly to the Company or another user. The Company shall have no liability for any delay, loss or damage that may result from your use of e-mail tools or from interception or unauthorized use by third parties of any information you send through our systems. You are solely responsible for your interactions with other users on and through the Website. StreetPark reserves the right, but has no obligation, to monitor disputes between you and other users.
In the event a dispute arises between you and StreetPark or any third party, please e-mail the Company at firstname.lastname@example.org and we will work quickly towards a resolution. StreetPark will attempt to address all complaints pertaining to illegal, harassing, offensive, fraudulent or otherwise inappropriate conduct or activity. However, we encourage you to immediately report threatening or illegal third party conduct to local law enforcement.
Ownership and Use of Content. As between you and StreetPark, all Content is owned by StreetPark and is protected by worldwide copyright laws and treaty provisions, unless otherwise indicated. You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark and other proprietary notices. Use of the Content on any other website or in a networked computer environment for any purpose, or any other republication or redistribution of the Content, including, without limitation, framing the Content within another website, is expressly prohibited without the prior written permission of StreetPark. Please contact us at email@example.com with any licensing inquiries.
By posting any Content on the Website, you hereby grant the Company a perpetual, world-wide, irrevocable, unrestricted, non-exclusive, royalty-free right and license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, create derivative works from and edit any such Content which you may provide for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof. StreetPark does not assert any ownership over User Generated Content; rather, as between us and you, subject to the rights granted to us herein, you retain full ownership of all of your User Generated Content and any intellectual property rights or other proprietary rights associated with your User Generated Content.
You hereby waive all rights to any claim against the Company for any alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Content. By submitting Content, you represent to the Company that such content is original, you are its rightful owner or that you have first obtained permission from the rightful owner to submit it, and that you have the authority to assign and license to the Company all rights, title and interest as set forth herein in and to such Content. You acknowledge that the Company has detrimentally relied upon this representation. Accordingly, you further agree to defend, hold harmless and indemnify the Company from and against any and all claims of alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution raised by third parties against the Company in connection with such Content.
You agree to release Company, its parents, partners, contractors and affiliates together with their respective employees, agents, officers, directors and shareholders, from any and all liability and obligations whatsoever in connection with, or arising from, your use of the Forums or the Services. If at any time you are not happy with the Website or the Services or object to any Content, your sole remedy is to cease using them.
Limitation of Use. You agree that you will neither post nor submit any User Generated Content that:
Furthermore, you acknowledge and agree that you will not: (i) use the Website while operating a motor vehicle; (ii) conduct yourself in any manner that may result in fights, arguments or altercations with other users of the Website or any third parties that you encounter as a result of using the Services including, without limitation, other users, city officials, doormen, or pedestrians; (iii) collect or store personal data about other users of the Website, including collecting user names or email addresses of users by electronic or other means for the purpose of sending unsolicited email, (iv) upload, e-mail or otherwise transmit any material or User Generated Content that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software, hardware, database or file that is owned, leased or used by StreetPark, the Website, or their users; or (v) submit unwanted messages by e-mail or otherwise or post User Generated Content that disparages or insults any user.
Trademarks. StreetPark and third party trademarks and service marks may or may not be designated as such from time to time on the Sites through use of the SM, TM or ® symbols. Except when included in any authorized printouts of the Content, you are not authorized to make any use of any names, logos or taglines posted on the Sites, whether or not designated by such symbols, including, but not limited to, as metatags or in any other fashion without the express prior written permission of the Company.
Registration and Security. In connection with your use of the Website, you may establish or otherwise receive from StreetPark user IDs, passwords and other security codes ("User Codes") that you may need in order to access and use certain portions of the Website.
You agree to provide true, accurate, current and complete information about yourself as prompted by any registration forms ("Registration Information") and maintain and promptly update the Registration Information to keep it true, accurate, current and complete. You hereby authorize StreetPark, directly or through third parties, to make any inquiries we consider necessary to validate your Registration Information. StreetPark reserves all rights to vigorously pursue legal action against all persons who misrepresent personal information or are otherwise untruthful about their identity, and to suspend or cancel Accounts registered with inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that StreetPark cannot guarantee the accuracy of any information submitted by any user, nor any identity information about any user.
You are responsible for maintaining the confidentiality of your User Codes. You agree that you will be fully responsible for all activities that occur utilizing your User Codes, and that StreetPark is not under any duty to inquire as to the authority or propriety of any instructions provided via your User Codes, or to otherwise verify the identity of anyone using your User Codes. You agree that StreetPark shall not be responsible for damages or losses resulting from any breach of security caused by your failure to maintain the confidentiality of your User Codes. If you permit access to your User Codes by third parties, then you agree to defend, indemnify and hold StreetPark harmless against any liability, losses, damages or costs and expenses (including attorneys' fees) arising out of, or resulting from, such access and related use of the Website. StreetPark reserves the right to block access to the Website for any reason. You also agree to immediately notify StreetPark if you become aware of any loss or theft of your User Codes or any unauthorized use of your User Codes.
For your protection, StreetPark may require the use of encryption technologies for certain types of communications conducted through the Website. While we may provide those technologies and might use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions will be free from delay, interruption, interception or error.
Site Transactions. Some of the Content and/or Products may be offered to you conditioned on entering into a financial transaction through the Website. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. By entering into any transaction through the Site, you warrant and represent that all information you provide is true and correct (including, without limitation your credit card number, expiration date and address), that any credit card transactions authorized by you are authorized, and that you are the legal holder of any credit card or payment account used to enter into any transaction on or through the Website.
In the event (a) your credit card is not valid, (b) StreetPark determines, in its sole discretion that a transaction is unauthorized, (c) your credit card can not be processed at the time of any charge or renewal charge, as the case may be, or (d) any charge is disputed for any reason other than failure by StreetPark to deliver the Product and/or services purchased by you, the Company reserves the right to immediately terminate any pending transactions, suspend your access to the Website and Services, thereby terminating this Agreement and all of StreetPark's obligations hereunder, and, in addition, to charge you an administrative processing fee equal to $50, which charge you hereby authorize by entering into any transaction through the Website. In the event of a subscription service, the credit card on file for your account will be billed automatically either on a month to month or yearly basis depending on the original Agreement between you and the Company. Notwithstanding the foregoing, you agree that any formal payment disputes lodged with any credit or payment card company shall be invalid unless (x) you notify StreetPark within 60 days from date of the applicable transaction that you wish to dispute any charge relating thereto, and (y) that you have made reasonable, good faith efforts to resolve such dispute with StreetPark directly, and such efforts have failed.
Prices and Payments. You agree pay all charges or fees applicable to your account, including taxes, in accordance with the billing terms that were in effect at the time the charges or fees became payable. StreetPark reserves the right to change the amount of, or the basis for determining, any charges or fees for the use of the Website or Services and to institute new charges or fees (such new charges or fees will only be instituted with prior notice to you). You agree to abide by all laws, rules and regulations governing your use of any parking spot, including, without limitation, payment of all tolls and fees when due. You are solely responsible for all charges, tolls, fees, duties, taxes, and assessments arising out of your use of the Site and the Services. Under no circumstances will Streetpark be responsible for any parking tickets or associated fees, penalties or charges assessed to you or your vehicle through your use of the Service. You and any person operating your vehicle shall be solely responsible for complying with all applicable laws, rules and regulations.
Availability. Not all of the products and Services offered through the Website are available in all geographic areas, and we reserve the right to restrict any user from purchasing any product or receiving any Service made available through the Website at any time, without notice. The information provided on the Website is not directed at, or intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or any non-United States jurisdiction or country that would subject StreetPark or its affiliates to any registration requirement within such jurisdiction or country.
NO WARRANTY. THE SERVICES, CONTENT AND WEBSITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE TO ANY USER FOR ANY ACTS OF FRAUD, THEFT, MISAPPROPRIATION, TAMPERING, HACKING, INTERCEPTION, PIRACY, MISUSE, MISREPRESENTATION, DISSEMINATION, OR OTHER ILLEGAL OR UNAUTHORIZED ACTIVITIES OF THIRD PARTIES. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES, THE WEBSITE AND THE CONTENT IS AT YOUR SOLE RISK, THAT ANY AND ALL CONTENT, MATERIAL AND DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE WEBSITE OR THE SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR PROPERTY OR ANY THIRD PARTY OR THIRD PARTY’S PROPERTY THAT RESULTS FROM THE USE OF THE WEBSITE OR SERVICES.
TO THE EXTENT THAT THE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, ALL CONTENT AND SERVICES ACCESSIBLE ON THE WEBSITES, OR ANY OTHER WEBSITE TO WHICH IT IS LINKED, AND ALL OPERATIONS OF THE WEBSITE AND THE SERVICES ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.
NO LIABILITY. You understand that your use of the Website and Services is at your own risk. StreetPark shall not be responsible for any damages that may arise in connection with the Website, including but not limited to fees related to moving violations and parking tickets, motor vehicle accidents, injuries, damage to your motor vehicle, or altercations with other users or third parties.
IN USING THE WEBSITE AND THE SERVICES, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD STREETPARK OR ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS AND SUPPLIERS LIABLE TO YOU OR ANY PARTY FOR ANY DAMAGES OR INJURY OR LOSS, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITES, CONTENT AND SERVICES (OR ANY OTHER DATA OR LINKED WEBSITE) OR OTHERWISE RELATING TO OR ARISING OUT OF THE WEBSITE, FORUMS, THE SERVICES, THE CONTENT OR YOUR USE THEREOF, WHETHER IN AN ACTION FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHER ACTION. STREETPARK SHALL NOT BE LIABLE EVEN IF STREETPARK OR AN AUTHORIZED REPRESENTATIVE OF STREETPARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE MAXIMUM LIABILITY OF STREETPARK HEREUNDER SHALL BE LIMITED TO THE AMOUNT OF FEES PAID BY YOU TO STREETPARK RELATED TO THE APPLICABLE TRANSACTION, ACTION OR CLAIM.
Indemnification. You agree to indemnify, defend and hold harmless StreetPark, its officers, directors, employees, consultants, agents and representatives from any and all third party claims, liability, damages, and costs (including, but not limited to, attorneys' fees, costs and expenses) that result from, arise out of or are in anyway connected with your use of the Services or Website, your breach of the terms of this Agreement, or your infringement, or infringement by any other person using your account, of any intellectual property or other right of StreetPark or any other person or entity. The terms of this Agreement will inure to the benefit of StreetPark’s successors, assigns, licensors and licensees. The Services, the Website and all related products are designed for personal and legal uses only. It is your responsibility to comply with all federal, state and local laws, rules and ordinances when using the Services, the Website and any related products. You covenant to cooperate fully in the defense of any claim.
Term & Termination. The term of this Agreement shall commence when you first visit the Website, view the Content or use the Services and shall apply to all of your subsequent visits and uses, provided that nothing herein shall prohibit us from refusing or otherwise restricting access to any user for any reason at any time, in our sole discretion. StreetPark may, with or without cause, immediately terminate this Agreement without notice, and deny you access to the Website and the Services in its sole discretion. Without limiting the foregoing, StreetPark has the right to immediately terminate any passwords or accounts created by you in the event that you breach this Agreement or engage in conduct that StreetPark, in its sole discretion, considers unacceptable, including but not limited to abuse of the Services, repeated failure to arrive at or depart from a parking space as scheduled, entering incorrect or inaccurate descriptions or location information, or any use of the site that interferes with StreetPark’s ability to successfully match users with available parking spaces. If this Agreement is terminated, you will no longer be authorized to access any areas of the Website or use the Services. Without limiting any other rights of StreetPark hereunder, you understand and acknowledge that StreetPark, in its sole discretion, may pursue legal and equitable relief against you if you breach or threaten to breach this Agreement.
Changes. The Content, the Services, the Website and this Agreement are subject to change and updating by StreetPark and our affiliates, partners, contractors, agents and representatives at any time without prior notice. The changes may include superseding terms and conditions. YOU SHOULD REVIEW THIS AGREEMENT FROM TIME TO TIME TO BE AWARE OF ANY CHANGES THAT ARE MADE. Your continuing use of the Website constitutes your acceptance of any change or update, all of which shall become controlling when posted.
General. This Agreement sets forth the entire understanding and agreement between you and us with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected thereby. Except as described herein, you may not assign this Agreement without our explicit consent. You are responsible for fees associated with gaining access to the Website, including the fees associated with the equipment necessary to access the Internet and the fees charged by your internet service provider.
The Website is maintained by StreetPark, LLC.