Terms of Use

2016-07-20

Welcome to ABNY.ORG.

PLEASE READ THE FOLLOWING TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS WEBSITE.  BY ACCESSING OR USING THIS WEBSITE, INCLUDING BUT NOT LIMITED TO ALL SUBPAGES, YOU UNDERSTAND AND AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO THESE TERMS.

This website, located at the URL www.ABNY.ORG (the “Site”), is operated by the Association for a Better New York (“ABNY,” “we,” “us” or “our”).

If you have any questions about these Terms, please contact us.

I.  YOUR USE OF ABNY.ORG

A.    You agree to access and use the Site 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 the Site.  By accessing the Site, you agree that you will not:

1.       use the Site to commit a criminal offense or to encourage others to engage in any conduct which would constitute a criminal offense;

2.       use the Site in a way to give rise to civil liability or encourage others to engage in any conduct which would give rise to civil liability;

3.       use the Site to impersonate other parties or entities;

4.       use the Site 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 the Site or the hardware or software of any other person who accesses the Site;

5.       upload, post, email, or otherwise transmit any materials that you do not have a right to transmit under any law or contractual relationship;

6.       alter, damage, or delete any content posted on the Site;

7.       disrupt the Site or its servers or networks in any way;

8.       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; or

9.       use the Site in violation of our intellectual property or other proprietary or legal rights, or the rights of any third party.

B.    ABNY reserves the right to suspend a ABNY.ORG account and/or suspend access to the Site if ABNY has reason to believe that the account/access is being used for any of the prohibited purposes enumerated in Section I(A)(1-9) above.

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 the Site.

B.    Accordingly, you agree that you will be solely responsible to ABNY 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 ABNY immediately.

III.  INFORMATION YOU PROVIDE

In order to use certain aspects of the Site, you may be required to provide information about yourself.  You agree that any information you give to ABNY.ORG will always be accurate, correct and up to date.  To learn how ABNY.ORG may use such information, please visit the ABNY.ORG Privacy Policy, which is incorporated in these Terms by reference for all purposes.

Any and all information, comments, statements, links or other content placed on the Site by visitors to the Site, including advice and opinions, are the views and responsibility of the poster and do not necessarily represent the views or opinions of ABNY.  We do not necessarily verify, encourage, agree, endorse, support or sanction any of the content placed on the Site by visitors to the Site, including comments, opinions, statements or links posted on forums, blogs, bulletin boards, social network sites or otherwise.  You agree that ABNY is not responsible and shall have no liability to you with respect to any information, comments, statements, links, communications or other content posted by visitors to the Site, including any offensive, defamatory, or illicit materials, even if such materials are in violation of these Terms.  You shall not submit any content protected by any intellectual property or other third party right without the express permission of the owner.  We reserve the right to take down, at our own discretion, any user content and/or posts from the Site that we believe violate these Terms.  

IV.  INTELLECTUAL PROPERTY

A.    ABNY respects the intellectual property of others and it asks its users to do the same.  Service marks and trademarks contained in or displayed on the Site, and the contents of linked sites operated by third parties, are the property of their respective owners.  All other design, information, text, graphics, images, pages, interfaces, links, software, and other items and materials contained in or displayed on the Site, and the selection and arrangements thereof, are the property of ABNY.  All rights are reserved.

B.    Digital Millennium Copyright Act (“DMCA”) Notice/Takedown Request[1]

If you believe that your work has been copied in a way that constitutes copyright infringement via its display on, or other use by, the Site, you may submit a notice pursuant to the DMCA by providing ABNY’s DMCA Designated Agent (see Section IV(E) below) 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 ABNY locate the material;

4.       information reasonably sufficient to permit ABNY 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.    DMCA Counter-Notice

You do not have the right to post material to the Site unless given such right by ABNY.  If ABNY has given you permission to post an array of material to the Site, and the specific material you posted has been taken down pursuant to the DMCA, you may submit a counter-notice pursuant to the DMCA by providing ABNY’s DMCA Designated Agent (see Section IV(E) below) with the following information in writing:

1.       your physical or electronic signature;

2.       identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

3.       a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

4.       your name, address, and telephone number, and a statement that the you consent to the jurisdiction of the United States federal district court for the judicial district in which your address is located, or if your address is outside of the United States, that you consent for any judicial district in which jurisdiction of ABNY may be found, and that you will accept service of process from the person who provided notification under Section IV(B) above or an agent of such person.

D.    You acknowledge that if you fail to comply with all of the above requirements for a DMCA Notice/Counter-Notice (as applicable), your Notice/Counter-Notice may not be valid.

E.    ABNY’s Designated Agent under the DMCA for ABNY.ORG is [TO BE INSERTED], who can be reached as follows:

[TO BE INSERTED]

V.  LINKS TO THIRD PARTY SITES

ABNY.ORG may contain links to other sites on the Internet that are operated by parties other than ABNY.  ABNY 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 ABNY.ORG, 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.  LINKING TO THE SITE

You agree that if you include a link to the Site: (a) such link shall open in a new browser window and shall link to the full version of an HTML-formatted page of the Site; (b) any text-only link must clearly be marked "ABNY.ORG” or “ABNY”; (b) the appearance, position and other aspects of either the link or the host website may not be such as to damage or dilute the goodwill associated with ABNY’s names and trademarks; (c) the appearance, position and other aspects of either the link or the host website may not create the false appearance that you or another entity is associated with or sponsored by us; and (d) you may not link directly to any Site content, by, for example and without limitation, “in-line” linking or “deep-linking” methods, or in any manner causing the Site, or any page of the Site, to be “framed,” surrounded or obfuscated by any third-party content, materials or branding.  We may, at any time and for any or no reason, require that any link to the Site be discontinued and removed and revoke your right to link to the Site.

We are not responsible for the information or materials contained on any website that is not this Site.  Links to this Site are provided for convenience of reference only and are not intended as an endorsement by us of the organization or individual operating a host website or a warranty of any type regarding a host website or the information on a host website.

VII.  DISCLAIMERS

A.    THE SITE 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 THE SITE (WHETHER BY ABNY 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 THE SITE.

B.    ABNY 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, THE SITE AND/OR THE MATERIALS CONTAINED ON THE SITE WHETHER THE MATERIALS CONTAINED ON THE SITE ARE PROVIDED BY ABNY OR A THIRD PARTY.

C.    ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE 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.

VIII.  MISCELLANEOUS TERMS

A.    Nothing contained in or displayed on the Site or in these Terms constitutes or is intended to constitute legal advice by ABNY or any of its officers, employees, agents, attorneys, or representatives.

B.    You agree that if ABNY does not exercise or enforce any legal right or remedy which is contained in these Terms (or which ABNY otherwise has under applicable law), such omission will not be taken to be a formal waiver of ABNY’s rights and shall not be construed to be a modification of these Terms.

C.    If any court of competent jurisdiction rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of these Terms. The remaining provisions of these Terms will continue to be valid and enforceable.

D.    These Terms, and your relationship with ABNY under these 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 ABNY arising under or related to these Terms shall solely be heard and determined either in the courts of the United States located in New York City or County of New York or in the courts of the State of New York located in New York City and County of New York.

E.    ABNY reserves the right to revise and otherwise change these Terms at any time and without notice.  Any modification is effective immediately upon posting, unless otherwise stated.  Your continued use of the Site following the posting of any modification signifies your acceptance thereof.  You should periodically visit this page to review the current Terms.

F.    These Terms, together with the ABNY.ORG Privacy Policy [INSERT ACTIVE LINK], constitute the entire agreement between you and ABNY with respect to your use of the Site and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and ABNY with respect to the Site.  These Terms shall be deemed to include all other notices, policies, disclaimers and other terms contained in the Site and its subpages.

 

[1] Parties to discuss who should be designated agent for DMCA takedown requests and/or whether DMCA provision here is even necessary.