Mapped in NY: Terms of Service Effective May 10, 2012
Welcome to Mapped in NY (the "Website" or the "Site").
The Website (the "Site"): Mapped in NY, or "we," or "us" is a website and online platform created by NYC Digital and Internet Week NY ("IWNY"). Content on the Site is created and/or added by Users. All content on the Site is monitored and administered by the City of New York (the "City") and/or IWNY. The Site's mission is to effectively link like-minded people and resources, and facilitate the success of digital enterprises and improve the City.
The Community: The Mapped in NY Community (the "Community") is the collection of Users using the Site, as well as resources available through the Site.
Users: "Users," including "you," are individuals who wish to contribute to the Mapped in NY Digital Map.. Users may input information concerning their company or enterprise; location; job availability and link to their website. Users must adhere to our Community Policy (see below).
Site Administrators: "Site Administrators" are individuals appointed by the City of New York and/or IWNY to oversee the Site and are generally responsible for making sure all activity on the Site conforms to our Community Policy and these Terms.
Users interested in contributing to the Mapped in NY Digital Map must meet one of the following requirements:
By submitting content to the Website as a User, you agree to participate in our online Community. You agree to abide by all of these Terms and to faithfully adhere to our Community Policy:
What to do
What not to do
You represent and warrant that all information you provide is accurate and complete, not misleading, that you are capable of entering into a binding agreement and that you have all necessary rights and authorizations to post information and other materials to the Site. You must be 18 years of age to use this Site. If you misrepresent any of your information, we reserve the right to terminate your listing immediately and without prior consultation. Users must abide by this Community Policy. If you think a User or Resource has violated the Community Policy, please notify us immediately at firstname.lastname@example.org.
Behavior Inconsistent with these Terms or the purposes of Mappedinny.com
Content you submit shall comply with all laws and regulations and shall not be provided for any malicious purpose. You acknowledge any posting is subject to the approval of the City and/or IWNY, and your material may be declined or removed at any time for failing to comply with the law, these Terms or any relevant policies of the Site.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS the City and its agents and IWNY and its agents from any and all damages, costs (including attorneys' fees) or expenses arising from or related to any legal action taken as a result of your posting or information provided by you and resulting from your or some other participant's actions or any activity on this Site -- including, but not limited to intentional torts, negligence or violation of the law.
Inclusion of your posting on this Site is subject to the approval of Site Administrators based on compliance with the Community Policy, these Terms and relevance of posted content to the purpose of the Site. When an organization submits information, the post will be reviewed by the City and/or IWNY. The City and IWNY will have discretion to determine whether the organization and its content will appear on the Site.
Automated Interface or Interaction
Users agree not to use any unauthorized third-party software that intercepts, "mines," or otherwise collects information from or through the Site. You will not use automation software ("bots"), hacks, mods or any other third-party software to modify Mapped in NY Digital Map files, Site or User interface, nor use any of these things to interact with the Community.
Non-participating Third Parties
Anyone is free to read contents of this Site. No one, including participants, may use any part of the contents of the Site for commercial purposes. (See also copyright provisions).
A. ALL MATERIALS CONTAINED ON THE SITE 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 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 THE SITE.
B. IWNY AND THE CITY ARE 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 THE CITY OR A THIRD PARTY.
C. YOU DOWNLOAD OR OTHERWISE OBTAIN ANY MATERIAL THROUGH THE USE OF THE SITE 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.
Third Party Websites
The Site may post links or allow users to post links to other websites ("Linked Sites"). We have no control or connection to such sites, nor do we maintain these sites; and are not responsible for the content, products, services, policies or activities of those Linked Sites. The inclusion of any link to such Linked Sites does not imply endorsement of the Linked Sites by IWNY or the City, and the owners of the Linked Sites should be contacted directly with questions or concerns regarding their content.
IWNY and the City adhere to all federal and state copyright laws, including the Digital Millennium Copyright Act ("DMCA").
Users and Resources of the Site must also abide by these laws.
Any post to the Website by a User is subject to all applicable federal, state and international copyright laws, including the DMCA. Under the safe harbor provisions of the DMCA, we will remove any content posted by a User found to be infringing a creator's copyrights.
All original material comprising the Site is owned by IWNY and/or the City, except that content contributed by the City, belongs to the City, content contributed by IWNY belong to IWNY and content contributed by Users, belongs to the User who prepares the contribution.
Users may not copy, reproduce or republish any material from the Site to any other source without express permission from the original creator of the material, be they another User, IWNY or the City.
Any original material created by Users, including words, photographs, images, sound recordings and videos and posted to the Site is owned by the User and published on the date of posting. The User grants a limited and revocable license for use of the material on the Site. The User also grants a limited license to the City and to IWNY to re-publish material to promote the Site. This license does not include any reproduction of the material other than for the Site's own promotional material, and the User is free to revoke the license and remove his or her material at any time.
Unauthorized Other Use of Content
Outside of the uses of content on the Site outlined above, no party may use material on the Site without express written permission of the Site, the City and/or the Creator of content. This includes but is not limited to commercial use of any part of the Site.
Copyright Infringement Take-down Requests
If you feel there has been content posted to the Site infringing your copyright, you or your agent may contact us and request the infringing material be removed by sending an email to email@example.com.
Contact: David Berman, Department of Information Technology and Telecommunications
Post: 75 Park Place, 9th Floor
New York, NY 10007
Please include in any take-down request ALL of the following:
1. A physical or electronic signature of you or a person authorized to act on your behalf (your agent).
2. Identification of the copyrighted work claimed to have been infringed. If there are multiple copyrighted works to be covered by the single notification, include a representative list of such works. (These are the works you are claiming have been copied.)
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that you are requesting we remove or access to which is to be disabled, and information reasonably sufficient --e.g. a hypertext link to the page, a description of the post title and date, or some other information--that will allow us to easily locate the alleged infringing material.
4. Information reasonably sufficient to permit us to contact you, the complaining party, such as an address telephone number, or if available, an electronic mail address at which we may contact you.
5. A statement that you, the complaining party, 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.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7. You acknowledge that if you fail to comply with the above notice requirements, your DMCA notice may not be valid.
8. Only DMCA notices should go to the address listed above. To send other comments or questions, please email firstname.lastname@example.org.
Contesting a Take-down notice
If you believe in good-faith we wrongfully removed or disabled a work posted by you based on a copyright infringement claim, you may contact us at email@example.com in order to have us review the claim based on the requirements of the DMCA.
These Terms are governed by the laws of the State of New York, USA and controlling United States federal law without regard to its choice of law or conflicts of law provisions. You agree that any action to resolve or enforce any dispute regarding use of the Site or these Terms will be brought exclusively in the federal or State courts located in New York, New York. If any provision is deemed by a court of competent jurisdiction to be unlawful or unenforceable, that decision will not affect the validity or enforceability of any remaining provisions. The section headings are for convenience only and do not have legal force or effect.
You agree that if the City or IWNY does not exercise or enforce any legal right or remedy which is contained in the Terms (or which the City or IWNY has under otherwise applicable law), such omission will not be taken as a formal waiver of the City's or IWNY's rights and shall not be construed to be a modification of the Terms.
The City and IWNY reserve 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 of the changes or modifications. You should visit this page periodically to review the current Terms.
You agree to indemnify and hold IWNY and the City harmless from and against any and all loss, liability, claims, causes, actions, damages or penalties, including reasonable attorneys' fees, made by any third party due to or arising out of: (1) your use of any part of the Site in breach of these Terms; (2) your violation of any law or regulation; (3) breach of any of your covenants, representations and warranties pursuant to these Terms; or (4) any content or material you post on the Site. You have no right to indemnification by IWNY or the City.
These Terms, including other policies, guidelines or rules referenced herein such as our Community Policy and any other guidelines specifically applicable to Users, and other policies and notices we may post on the Site, constitute the entire agreement between the City and IWNY and you in connection with your use of (1) the Site; (2) hyperlinks to the Site; and (3) any content or software displayed on the Site. These Terms supersede any prior agreements between the City and IWNY and you regarding such matters, including prior versions of these Terms.
These Terms and revisions are effective until terminated by the City and IWNY—at any time and without notice. In the event of termination of the Site, the disclaimers, limitations of liabilities and indemnities set forth in these terms will survive.