The Tin Building Terms and Conditions
__Copyright and Intellectual Property Notice Accessibility Statement Privacy Notice Wi-Fi Policy End User License Agreement
4. FULTON SEAFOOD MARKET, LLC’S WEBSITE, SERVICES AND PRODUCTS
The Website is owned and operated by Fulton Seafood Market, LLC, a Delaware limited liability company, headquartered in New York, NY. Fulton Seafood Market, LLC operates the “Tin Building”, a culinary marketplace and dining destination located in New York’s City’s historic South Street Seaport. The Website provides Users with access to information about the Tin Building, its market and restaurants, its upcoming events, as well information that may be of general interest to Users, such as may concern culinary resources, dining options, the community and the Seaport. Users may also select and purchase Products and Services that are offered for sale on the Website.
Portions of the Website are generally publicly available and may be accessed by You or any Internet user. There are other sections of the Website that offer additional functionality and services, such as sections that offer You the opportunity to purchase Products or Services, store Your preferences and purchase history for easy reordering, make reservations or enroll in classes, receive Our newsletters or special offers or that may invite You to post comments or interact with other Users. These sections, services and functions may only be available to You when You create a “Member Account” after You register with Fulton Seafood Market, LLC, by providing requested information, and then log in using Your Email and a unique password that You create for that purpose. For further information see Paragraph 15 below.
5. PRODUCTS AND SERVICES OFFERED THROUGH THE WEBSITE
Our Products or Services may be available exclusively online through the Website or while visiting the Tin Building. These Products or Services may have limited quantities and are subject to return or exchange only according to Our Return Policy. We have made every effort to display Our Products and Services as accurately as possible. Packaging may vary. We cannot guarantee that Products that Your Purchase will appear the same as they appear on the Website. We reserve the right, but are not obligated, to limit the sales of Our Products or Services to any person, geographic region, or jurisdiction. We reserve the right to refuse to sell Our Products or Services at our sole discretion. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services. Any offer for any Product or Service made on this Website is void where prohibited.
We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by You will meet Your expectations, or that any errors in the Service will be corrected. Please see Disclaimers and Limitation of Liability below for more information.
6. MODIFICATIONS TO PRODUCTS, SERVICE AND PRICES
Prices for Our products are subject to change without notice. We reserve the right at any time, at Our sole discretion, to modify or discontinue any Product, Service, sale, promotional offer, or any part thereof, without notice at any time. We shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of any Product or Service.
7. OWNERSHIP OF WEBSITE AND ITS CONTENT The Website is owned and operated by Fulton Seafood Market, LLC. All of the information and content featured or displayed on the Website, including but not limited to keywords, specialty tags, text, illustrations, artwork, video, music, trademarks, logos, charts, graphs, illustrations, or articles are owned by or licensed to Fulton Seafood Market, LLC or its affiliates, business partners, or licensors. Fulton Seafood Market, LLC reserves the right to amend, change, alter, enhance, remove, or cease to provide access to the Website or its content at any time, without prior notice to any User.
8. FULTON SEAFOOD MARKET, LLC’S INTELLECTUAL PROPERTY Fulton Seafood Market, LLC owns any and all intellectual property rights arising out of, related to, or in any way connected with Fulton Seafood Market, LLC’s Website, Services and Products, all contents, materials, or resources related thereto, the Website’s and/or Service’s and/or Product’s content, trademarks, logos, slogans, or service marks, etc. (“Fulton Seafood Market, LLC Intellectual Property”). You cannot use the Fulton Seafood Market, LLC Intellectual Property without first obtaining Fulton Seafood Market, LLC’s express and specific written permission. Nothing on the Website shall be construed as granting a license or right to use the Fulton Seafood Market, LLC’s Intellectual Property without Our permission.
SEAPORT DISTRICT NYC, STH/ST/SEAPRT/NYC, SEAPORT STUDIOS, S·E·A·P·O·R·T· S·T·U·D·I·O· SS, FULTON SOCIAL, PIER 17, PIER/PARTY, FULTON STALL MARKET, SEE/CHANGE, SOUTH STREET SEAPORT, STH/ST/SEAPRT/NYC, THE TIN BUILDING, HOWARD HUGHES, HOWARD HUGHES (Stylized), HOWARD HUGHES THE HOWARD HUGHES CORPORATION Signature Design, and THE HOWARD HUGHES CORPORATION, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. FULTON STALL MARKET, SEE/CHANGE, SOUTH STREET SEAPORT, STH/ST/SEAPRT/NYC (Stylized), THE TIN BUILDING, HOWARD HUGHES, HOWARD HUGHES (Stylized), HOWARD HUGHES THE HOWARD HUGHES CORPORATION Signature Design, and THE HOWARD HUGHES CORPORATION are registered trademarks, U.S. Patent and Trademark Office. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
10. YOUR LICENSE TO ACCESS AND USE THE WEBSITE AND SERVICES AND PRODUCTS:
11. COMPLIANCE WITH LAWS
You agree to comply with all applicable laws regarding Your use of the Website, Services and Products. You further agree that information provided by You is truthful and accurate to the best of your knowledge.
13. DISCLAIMER OF WARRANTIES
You agree that Your access and use of the Website, Services or Products are solely at your own risk. The Website, Services and Products are provided by Fulton Seafood Market, LLC on an “as is” and “as available” basis. EXCEPT AS MAY BE OTHERWISE NOTED IN THESE TERMS, FULTON SEAFOOD MARKET, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A SPECIAL OR PARTICULAR PURPOSE, AND NON- INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. FULTON SEAFOOD MARKET, LLC DOES NOT MAKE ANY WARRANTY THAT ACCESS TO OR USE OF THE WEBSITE, OR THE SERVICES OR PRODUCTS OFFERED IN CONNECTION THEREWITH, WILL MEET YOUR REQUIREMENTS OR YOUR EXPECTATIONS. FULTON SEAFOOD MARKET, LLC DOES NOT
MAKE ANY WARRANTY THAT ACCESS TO OR USE OF THE WEBSITE OR SERVICES OR PRODUCTS WILL BE AVAILABLE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THA T THE WEBSITE OR SER VER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FULTON SEAFOOD MARKET, LLC MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USING THE WEBSITE, SERVICES OR PRODUCTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FULTON SEAFOOD MARKET, LLC SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE WEBSITE SHALL BE TO DISCONTINUE USING IT.
TO THE EXTENT THAT CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY. IT IS AGREED THAT THE DISCLAIMERS AND EXCLUSIONS SHALL APPLY TO FULLEST EXTENT PERMITTED BY LAW.
14. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL FULTON SEAFOOD MARKET, LLC, OR ITS PARENTS OR OTHER AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR YOUR USE OR MISUSE OF THE WEBSITE, SERVICES OR PRODUCTS PROVIDED IN CONNECTION THEREWITH. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE (EVEN IF FULTON SEAFOOD MARKET, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR SERVICES OR PRODUCTS PROVIDED IN CONNECTION THEREWITH, INCLUDING DAMAGES THAT MIGHT BE INCURRED BY THIRD PARTIES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
UNDER NO CIRCUMSTANCES SHALL FULTON SEAFOOD MARKET, LLC OR ITS PARENTS OR OTHER AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY ALLEGED INJURY, DAMAGES OR LOSS THAT IS ALLEGEDLY SUSTAINED DUE TO HACKING, THEFT, TAMPERING OR OTHER UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR THE INFORMATION CONTAINED IN THAT ACCOUNT OR IN REGARD TO YOUR RECEIPT OF SERVICES OR PRODUCTS.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion or limitations io certain damages. It is agreed that the Limitations of Liability shall apply to the fullest extent permitted by law.
15. EXCLUSIVE REMEDY
IT IS AGREED THAT, NOTWITHSTANDING THE FOREGOING, SHOULD ANY LIABILITY ON THE PART OF FULTON SEAFOOD MARKET, LLC BE PROVEN, IT WILL NEVERTHELESS BE IMPRACTICAL AND EXTREMELY DIFFICULT TO ANTICIPATE OR FIX THE AMOUNT OF DAMAGES THAT WERE PROXIMATELY CAUSED BY SUCH LIABILITY. THEREFORE, IT IS AGREED THAT IN NO EVENT MAY YOU RECOVER AN AMOUNT IN EXCESS OF THE AGGREGATE AMOUNTS PAID TO FULTON SEAFOOD MARKET, LLC BY YOU IN THE THREE MONTHS IMMEDIATELY PROCEEDING THE EVENT GIVING RISE TO THE CLAIM OR $100 IN THE EVENT THAT NO FEES WERE PAID, WHICH EVER IS GREATER, IN FULL AND COMPLETE SATISFACTION OF ANY AND ALL CLAIMS. IT IS AGREED THAT THE FOREGOING LIMITATION IS NOT INTENDED TO BE AND IS NOT A PENALTY.
16. INTENDED AUDIENCE
This Website is intended for adults only. This Website is not intended for any children under the age of 13.
17. USER COMMUNICATIONS
Unless otherwise protected by United States law, all communications sent by You to Us will be treated as non-confidential and non-proprietary. Please do not submit confidential or proprietary information to Us (including, but not limited to, any patentable ideas, new content suggestions or business proposals) unless We have mutually agreed otherwise in writing and in advance of You sending them. Any ideas, new content, or business proposals that We receive unsolicited will be treated as property owned by Fulton Seafood Market, LLC will not be returned to You.
18. THIRD-PARTY LINKS
The Website may contain links to third-party websites. Third-party links are provided for Your convenience and as a courtesy to You. Third-party websites are not owned, operated, or controlled by You may not use anyone else’s Member Account or Password at any time without the express permission and consent of the holder of that account or password. You may not use another member’s user name, at any time, with or without the consent of the User, so as to give the impression, express or implied, that You are that User. Fulton Seafood Market LLC cannot and will not be liable for any loss or damage arising from Your failure to comply with these obligations.
Fulton Seafood Market, LLC. You agree that Fulton Seafood Market, LLC is not responsible for the content or functionality contained on any such third-party website and that You waive any and all claims against Fulton Seafood Market, LLC as to any loss incurred as the result of Your access or use of such third-party website.
19. USER ACCESS AND WARRANTIES
You are prohibited from violating or attempting to violate the security of the Website or any Service or Product by (a) accessing information not intended for You or logging onto a server or an account which You are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, provider, host or network, including but not limited to, submitting any malware, virus, ransomware or other malicious code to the Website. overloading, “flooding,” “spamming,” “mail‐bombing” or “crashing” or other malicious or illegal act of any description. You shall not use any device, software, script or routine to interfere or attempt to interfere with the proper working of Website or any activity being conducted on the Website. You shall not use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website, other than through generally-available third-party web browsers (for example, Microsoft Edge, Firefox, Google Chrome, etc.)
21. CONTENT CONTRIBUTED BY YOU OR OTHER USERS
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
Fulton Seafood Market, LLC reserves the right to accept, reject, or remove any and all User Contributions at its sole discretion and for any reason or for no reason at all. You understand and agree that Our exclusive role in connection with User Contribution is solely as an Internet Service Provider and that We are not and will not be liable for any User Contribution or any Website content that is authored or submitted by anyone other than Fulton Seafood Market, LLC
Any User Contribution You post to the site will be considered non-confidential and non- proprietary. By providing any User Contribution on the Website, You grant Company and Our affiliates and service providers, and each of their and Our respective licensees, successors and assigns the unrestricted, irrevocable, perpetual, worldwide, royalty-free license, for all possible rights and all possible media now known or later developed to make, use, transfer, sell, modify, copy, distribute, transmit, sublicense, publicly display, perform, publish, and create derivative works of any User Contribution for any purpose, commercial or otherwise, without compensation to You. User Contributions shall not be subject to any obligation on Our part, including without limitation any obligation of confidentiality, and We shall not be liable for any use or disclosure (including publication in any medium) of any User Contribution.
You represent and warrant that:
• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
The Company is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by You or any other user of the Website.
You hereby agree to indemnify and hold harmless Fulton Seafood Market LLC from any and all claims of whatever nature that may arise from, in connection with, or be related to, Your User Contributions, including, but not limited to, any claim that You made an impermissible use of the User Contributions, did not have the necessary licenses, permissions or releases for Your User Contributions, or lacked the requisite authority to grant Fulton Seafood Market, LLC permission or license to use Your User Content as provided for above or that Your User Contributions violate, in whole or in part, Company’s Content Standard as set forth below.
22. CONTENT STANDARDS
These Content Standards apply to any and all User Contributions and use of Interactive Services. User Contributions must not include any material that Fulton Seafood Market, LLC deems, in its sole discretion:
• Fails to comply, in whole or in part, with all applicable federal, state, local and international laws and regulations;
• Contains any material that is objectionable to Fulton Seafood Market, LLC, such as, for example (but not exclusively) material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
• Promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• Infringes any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person or entity;
• Is likely to or is intended to deceive any person;
• Promotes any illegal activity, or advocate, promote or assist any unlawful act.
• Causes annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
• Impersonates any person, or misrepresents your identity or affiliation with any person or organization;
• Involves commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising that are not expressly approved and authorized by Fulton Seafood Market,, LLC; or
• Gives the impression that the material emanates from or are endorsed by Us or any other person or entity if this is not the case.
23. LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES
You may link to Our Website, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part.
This Website may provide certain social media features that enable You to:
• Link from Your own or certain third-party websites to certain content on this Website;
• Send e-mails or other communications with certain content, or links to certain content, on this Website;
• Cause limited portions of content on this Website to be displayed or appear to be displayed on Your own or certain third-party websites. You may use these features solely as they are provided by Us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
• Establish a link from any website that is not owned by You; or
• Cause the Website or portions of it to be displayed on, or appear to be displayed by, for example, framing, deep linking or in-line linking, any other site.
We may disable all or any social media features and any links at any time without notice in Our discretion. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
24. MOBILE APPLICATION END USER LICENSE AGREEMENT
The license granted to You for the App is limited to a non-transferable license to use the App on authorized devices. For example, an iOS-based App may be used only on devices running iOS (including but not limited to iPad and iPhone) that You own or control. This license does not allow You to use the App on any device that You do not own or control, and You may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, transfer, redistribute, or sublicense the App and, if You sell Your device to a third party, You must remove the App from Your device before doing so. The terms of this license will govern any upgrades provided by Fulton Seafood Market, LLC that replace and/or supplement the original App unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Your use of the App may also entail Your use of third-party services to provide mobile services. It is Your responsibility to arrange for any required mobile services, which will be subject to the to the separate agreements, policies, and terms of those parties. We recommend that review those agreements, policies, and terms.
The license is effective until terminated by You or Us. Your rights under this license will terminate automatically without notice from Us if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the App and destroy all copies, full or partial, of the App.
Any location data provided by the App is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed, or incomplete location data may lead to death, personal injury, property, or environmental damage.
You may not use or otherwise export or re-export the App except as authorized by United States law. We recommend that You consult legal counsel should You have any legal questions about Your use of the App or any other matter.
__“Jailbreaking” The Mobile Operating System Is Prohibited__
The App is intended for use only on a mobile device that is running an unmodified manufacturer- approved operating system. Using the App on a device with a modified operating system may undermine security features that are intended to protect Your information from unauthorized and/or unintended disclosure. If You use the App on a mobile device that has been modified, it may no longer operate properly and/or the security of the App may be compromised. Use of the App on a mobile device with a modified operating system is a material breach of these Terms of Service and will be grounds for termination of Your license to use the App or the Website.
25. CONSENT TO USE OF DATA
You agree that Fulton Seafood Market LLC may collect and use technical data and related information, including but not limited to technical information about Your device, system, geolocation, application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to You (if any). We may use this information, as long as it is in a form that does not personally identify You, to improve our products or to provide services or technologies to You.
For additional information regarding our privacy practices and how we handle Your personal data, including information that may personally identify You (including how we may use that information to provide You with information and marketing materials that we believe may be of interest to You), please click here to see our Privacy Notice.
27. GENERAL PROVISIONS
a) Relationship of the Parties. You and Fulton Seafood Market LLC are independent contractors. There is no partnership, agency or joint venture relationship between You and Us.
f) International Use. Although this Website may be accessible worldwide, Fulton Seafood Market LLC makes no representation that the Website, Services and Products are appropriate or available for use in locations outside the United States. Those who choose to access this Website from other locations, do so on their own initiative and at their own risk. If You choose to access this Website from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including, but not limited to, the taxation of Products or Services purchased over the Internet.
g) Void Where Prohibited. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited. h) Force Majeure. In addition to any excuse provided by applicable law, Fulton Seafood Market LLC shall be excused from liability for non-delivery or delay in access to the Website or delivery of Services or Products arising from any event beyond Our reasonable control, whether or not foreseeable by either party, including, but not limited to, labor disturbance, interruptions in supply chain, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, public health emergency (including but not limited to Covid-19) and other causes or events beyond Our reasonable control, whether or not similar to those which are enumerated hereinabove.
l) Waiver. Failure to exercise, or any delay in exercising, any right or remedy provided under this or any agreement between You and Fulton Seafood Market LLC or by law shall not constitute a waiver of that or any other right remedy, nor shall it preclude or restrict any further exercise of that right or any other remedy in the future against You or any other individual or entity.
m) Notices. Notices by Fulton Seafood Market LLC to You may be given by means of general posting on the Website, or by conventional mail or email at the addresses that You provide to Us. It is Your responsibility to ensure that Fulton Seafood Market LLC continues to have up-to-date contact information for You.
By Telephone 646-868-6000 By Email: firstname.lastname@example.org
By US Mail Fulton Seafood Market LLC 96 South Street, NY, NY 10038
Attention: General Manager
Phone Number 646-868-6000
If you have any questions, comments, need technical support, or wish to discuss any aspect of the Website, please contact us at:
By US Mail Fulton Seafood Market LLC 96 South Street, NY, NY 10038
Attention: General Manager
Phone Number 646-868-6000
FULTON SEAFOOD MARKET, LLC ACCESSIBILITY STATEMENT
It is Fulton Seafood Market, LLC ’s goal that its Website, App, Services and Products be useful, aesthetically pleasing and reasonably accessible to the widest audience possible. Fulton Seafood Market, LLC has and will continue to invest in improving the accessibility of the Website, its Services and Products for all Users.
However, the Website, App, Services, Products, and their contents are dynamic, and technology is constantly evolving. It is impossible to ensure that unforeseen issues may not arise that may affect the ability of some individuals to access some or all Website, App, Services or Product content. If you are having any difficulty using the Website, please contact Us by phone or email directly so that we may reasonably accommodate your needs.
Via Telephone Via Email
Fulton Seafood Market LLC cannot and does not make any representation or warranty that User contributed content, third-party content or third-party websites to which We provide links will be accessible for Your purposes.
COPYRIGHT AND INTELLECTUAL PROPERTY NOTICE
You may wish to consult with legal counsel regarding any right or interest that You may have concerning copyright or other intellectual property rights that You may have or may have violated. Nothing here is intended to substitute for qualified legal advice.
If You believe Your work has been copied in a way that constitutes copyright infringement, or Your intellectual property rights have otherwise been violated, please provide “Notice” of Your claim containing the information described below. If we receive the required Notice, We will remove the allegedly infringing material or disable access to it on the Website. We will also make a good-faith effort to notify the person who posted the content that a claim of infringement has been made and that the person may file a counter-notification if that person chooses to do so.
If You believe that Your work has been improperly removed or taken down due to the claim of another User, You may file a “Counter-Notification” containing the information described below. If Fulton Seafood Market, LLC receives a Counter-Notice, We will make a good-faith effort to promptly provide a copy of the Counter-Notice to the person who filed the Notice at the address the person provided and thereafter follow the procedures provided in the DMCA.
Please provide Your “Notice” or “Counter-Notification” containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed or that You claim was wrongfully removed;
(c)A description of where the material that You claim infringing is/was located on teh Website;
(d) Your address, telephone number, and e-mail address;
(e) A statement by You that You have a good faith belief that the dispute use is not authorized by the copyright owner, its agent, or the law, or that You are the copyright owner or have the authority to use the content in the manner in which it appeared on the Website; and
(f) A statement by You, made under penalty of perjurym that the above information is Your notice or Counter-Notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is [name of agent for notice], who can be reached as follows:
Fulton Seafood Market, LLC will not adjudicate or decide any claim of infringement or defense thereto. You agree that Fulton Seafood Market, LLC will not be a party to any further dispute or lawsuit regarding the alleged infringement and that Fulton Seafood Market, LLC will not be liable to You or any other party for its acts in removing or replacing any Website content in response to a Notice or Counter-Notice.
Fulton Seafood Market, LLC’s WI-FI POLICY
Wi-Fi Service is provided solely for guests of the Tin Building, while on our premises. The Wi-fi Service is provided on an “as is” and “as available” basis. We may decide to end or limit Wi-Fi Service, on a temporary or permanent basis, at any time and without notice.
You understand and acknowledge that public Wi-Fi may enable the transmission of viruses or other harmful applications or permit unauthorized third parties to access your computer or files or otherwise monitor your connection. We do not and cannot guarantee that Your access and use of the Wi-Fi Service will be uninterrupted, error free or secure from interference, virus, malware or other harmful activity by third parties.
By signing in and accessing the Services, You acknowledge and agree that: o You are a guest of Fulton Seafood Market, LLC and a visitor to the Tin Building;
o You have provided accurate and up to date information when registering for and logging in to the Wi-Fi Services;
o You assume all risks associated with your activities conducted online though the Wi-Fi Service and assume all liability and damages incurred through or as a result of your use of the Wi-Fi Service;
o You agree to indemnify, defend and hold harmless Fulton Seafood Market, LLC, its parents, subsidiaries, affiliates, partners, licensors and service providers, including their respective employees, agents, officers, directors, agents, licensors, contractors, affiliates, successors and assigns from and against any liability, loss, claim, and expense, including reasonable attorney’s fees, arising out of, related to or in any way connected to Your use of the Wi-Fi Service.