NYC.gov TERMS OF USE
Welcome to New York City's Official
Website.
PLEASE READ THE FOLLOWING TERMS OF USE ("TERMS")
CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING OR USING
NEW YORK CITY'S ("CITY") WEBSITE, INCLUDING BUT
NOT LIMITED TO ALL SUBPAGES ("NYC.gov"), YOU AGREE,
WITHOUT LIMITATION OR QUALIFICATION, TO THESE TERMS.
I.
YOUR USE OF NYC.gov
You agree to access and use NYC.gov only
for lawful purposes. You are solely responsible for the knowledge
of and adherence to any and all laws, statutes, rules and
regulations pertaining to your use of NYC.gov. By accessing
NYC.gov, you agree that you will not:
A. use NYC.gov to commit
a criminal offense or to encourage others to engage in any
conduct which would constitute a criminal offense;
B. use
NYC.gov in a way to give rise to civil liability or encourage
others to engage in any conduct which would give rise to
civil liability;
C. use NYC.gov to impersonate other parties
or entities;
D. use NYC.gov to upload any content that contains
a software virus, "Trojan Horse" or any other computer
code, files, or programs that may alter, damage, or interrupt
the functionality of NYC.gov or the hardware or software
of any other person who accesses NYC.gov;
E. upload, post,
email, or otherwise transmit any materials that you do not
have a right to transmit under any law or contractual relationship;
F. alter, damage, or delete any content posted on NYC.gov;
G. disrupt NYC.gov or its servers or networks in any way;
or
H. claim a relationship with or represent any business,
association, or other organization with which you are not
authorized to claim such a relationship or to represent.
II. YOUR PASSWORDS AND ACCOUNT SECURITY
A. You agree and
understand that you are responsible for maintaining the security
and confidentiality of passwords associated with any account
you use on NYC.gov.
B. Accordingly,
you agree that you will be solely responsible to the City
for all activities that occur under your account.
C. If
you become aware of any unauthorized use of your password
or of your account, you agree to notify the City immediately
by visiting the Password and Account
Problems page.
III. INFORMATION YOU
PROVIDE
In order to use certain aspects of NYC.gov, you may
be required to provide information about yourself. You agree
that any information you give to the City will always be
accurate, correct and up to date. To learn how the City may
use such information please visit the NYC.gov Privacy
Policy.
IV. INTELLECTUAL
PROPERTY
A. Service marks and trademarks contained in or displayed
on NYC.gov, and the contents of linked sites operated by
third parties, are the property of their respective owners
(which may be the City). All other design, information, text,
graphics, images, pages, interfaces, links, software, and
other items and materials contained in or displayed on NYC.gov,
and the selection and arrangements thereof, are the property
of the City of New York. All rights are reserved.
B. The City
respects the intellectual property of others and it asks
its users to do the same. If you believe that your work has
been copied in a way that constitutes copyright infringement
via its display on, or other use by, NYC.gov, you may submit
a notice pursuant to the Digital Millennium Copyright Act
("DMCA") by providing the City's
Copyright Agent with the following information in writing:
1.
a physical or electronic signature of a person authorized
to act on behalf of the owner of an exclusive right that
is allegedly infringed;
2. identification of the copyrighted
work claimed to have been infringed, or, if multiple copyrighted
works are covered by a single notification, a representative
list of such works;
3. identification of the material that
is claimed to be infringing or to be the subject of infringing
activity and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to
permit the City to locate the material;
4. information reasonably
sufficient to permit the City to contact you, such as an
address, telephone number, and, if available, an email address;
5.
a statement that you (and, if applicable, the person or entity
on whose behalf you are acting) 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
6. 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.
C. The City's designated Copyright
Agent under the DMCA for NYC.gov is David Berman, who can
be reached as follows:
David Berman
Intellectual Property and Contracts Counsel
City of New York
Department of Information Technology and Telecommunications
255 Greenwich Street, 9th Floor
New York, NY 10007
By email: copyright@doitt.nyc.gov
D. You acknowledge that if
you fail to comply with all of the above notice requirements,
your DMCA notice may not be valid.
E. For clarity, only DMCA notices should go to the Copyright Agent. To request permission to use City intellectual property located on NYC.gov, please contact the relevant City Agency by visiting www.nyc.gov and clicking on the drop-down box in the top left corner. For any other questions about NYC.gov, please visit our contact page.
V. LINKS TO SITES OF NON-CITY ENTITIES
NYC.gov may contain
links to other sites on the Internet that are operated by
parties other than the City. The City does not imply approval
of the listed destinations, warrant the accuracy of any information
set out in those destinations, or endorse any opinions expressed
therein. Like NYC.gov, all other websites operate under the
auspices and at the direction of their respective owners
who should be contacted directly with questions regarding
the content of those sites.
VI. DISCLAIMERS
A. NYC.GOV AND ALL MATERIALS CONTAINED ON
IT ARE DISTRIBUTED AND TRANSMITTED "AS IS" AND "AS
AVAILABLE" WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH
RESPECT TO THE QUALITY, CONTENT, ACCURACY, COMPLETENESS,
CURRENCY, FREEDOM FROM INTERRUPTION, FREEDOM FROM COMPUTER
VIRUS, FREEDOM FROM ERRORS OR OMISSIONS, NON-INFRINGEMENT
OF CONTENT PLACED ON NYC.GOV (WHETHER BY THE CITY OR A THIRD
PARTY) INCLUDING ANY OF THE DESIGN, INFORMATION, TEXT, GRAPHICS,
IMAGES, PAGES, INTERFACES, LINKS, SOFTWARE, OR OTHER MATERIALS
AND ITEMS CONTAINED IN OR DISPLAYED ON NYC.GOV.
B. THE CITY
IS NOT RESPONSIBLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL
OR CONSEQUENTIAL DAMAGES (REGARDLESS OF WHETHER THEY WERE
FORESEEABLE) THAT MAY ARISE FROM THE USE OF, OR THE INABILITY
TO USE, NYC.GOV AND/OR THE MATERIALS CONTAINED ON NYC.GOV
WHETHER THE MATERIALS CONTAINED ON NYC.GOV ARE PROVIDED BY
THE CITY OR A THIRD PARTY.
C. ANY MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF NYC.GOV IS DONE AT YOUR OWN DISCRETION
AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
D. CHANGES
ARE MADE PERIODICALLY TO THE CITY CHARTER AND MANY CITY LAWS,
RULES, FORMS AND SCHEDULES, AND THESE CHANGES MAY OR MAY
NOT BE IMMEDIATELY REFLECTED IN THE MATERIALS OR INFORMATION
PRESENT ON NYC.GOV.
VII. MISCELLANEOUS TERMS
A. Nothing contained in or displayed
on NYC.gov or in these Terms constitutes or is intended to
constitute legal advice by the City or any of its agencies,
officers, employees, agents, attorneys, or representatives.
B.
You agree that if the City does not exercise or enforce any
legal right or remedy which is contained in the Terms (or
which the City otherwise has under applicable law), such
omission will not be taken to be a formal waiver of the City's
rights and shall not be construed to be a modification of
the Terms.
C. If any court of competent jurisdiction rules
that any provision of these Terms is invalid, then that provision
will be removed from the Terms without affecting the rest
of the Terms. The remaining provisions of the Terms will
continue to be valid and enforceable.
D. The Terms, and your
relationship with the City under the Terms, shall be governed
by and construed in accordance with the Laws of the State
of New York (notwithstanding New York choice-of-law rules).
You agree that any and all claims asserted by or against
the City arising under or related to the Terms shall solely
be heard and determined either in the courts of the United
States located in the City or County of New York or in the
courts of the State of New York located in the City and County
of New York.
E. The City reserves the right to revise and
otherwise change the Terms at any time and without notice.
Any modification is effective immediately upon posting, unless
otherwise stated. Your continued use of NYC.gov following
the posting of any modification signifies your acceptance
thereof. You should periodically visit this page to review
the current Terms and Conditions of Use.
F. The Terms and
the NYC.gov Privacy Policy constitute the entire agreement
between you and the City with respect to your use of NYC.gov
and they supersede all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between
you and the City with respect to NYC.gov. The Terms shall
be deemed to include all other notices, policies, disclaimers
and other terms contained in NYC.gov and its subpages; provided,
however, that in the event of a conflict between such other
terms and these Terms, these Terms shall control.
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