Terms of Use
1. Acceptance of Terms
1.1 These Terms of Use (the "Agreement") constitute an agreement between you, the user, and the NYCommons team: 596 Acres, Inc., Community Development Project, Inc. d/b/a TakeRoot Justice, and Common Cause/NY (“We”) and governs your use of nycommons.org (the “Website”). Please read the terms contained in this Agreement carefully. In using the Website, you agree to the following terms and condition. While we reserve the right to update these terms of use at any time without prior notice, if we make changes to the Privacy Policy, we will notify you by posting an announcement on the Website.
2. User Conduct
2.1 You agree to use the Website for lawful purposes only. You agree not to post or transmit through the Website any material that violates or infringes in any way upon the rights of others, or that is unlawful, threatening, or abusive.
2.2 You are responsible for ensuring that any graphics, text, photographs, images, or other material you provide to or post through the Website does not violate the privacy, copyright, trademark, trade secret, publicity right, or any other personal or proprietary rights of any person or entity. You will be solely liable for any damage resulting from any such violations.
3. Communications with the NYCommons Team and Members of the NYCommons Community
3.1 By using the website, you understand and agree that you may receive certain communications from the NYCommons team such as service announcements and newsletters, as well as offers of sponsorship or promotions.
3.2 By “subscribing” to a commons property, you understand and agree that your email address and contact information may be shared with other watchers and organizers of the lot. You may receive notifications when others post on the notes discussion board.
3.3 By requesting to be listed as an “organizer,” you understand and agree that your email address and contact information will be made public. To request to be added as an organizer to a NYCommons property, email cdpequitableneighborhoods@urbanjustice.org with the subject "Add NYCommons Organizer," the link to the page for the property you want to be added to and some details about your organizing project. Here is an example of a property that has an organizer: https://nycommons.org/lots/7103/
3.4 You may not send unsolicited messages, such as junk mail or SPAM, or harassing messages to other members, or share their contact information without their express permission. You understand and agree that an Organizer is not a representative or agent of the NYCommons team.
4. User Content and Licensing
4.1 You own any text, photos, videos, audio materials or other submissions (“Content”) that you submit to the Website. By submitting Content to the Website, by any means, including internet, phone, or text message, you grant the NYCommons team a perpetual, irrevocable, world-wide, non-exclusive, fully paid-up, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, or display your content in any medium (now in existence or hereinafter developed) and for any purpose, including for commercial and marketing purposes, and to authorize others to do so. By submitting Content to the Website you certify that you are authorized to license said Content to the Website.
4.2 The NYCommons team shall have the right, but not the obligation, to monitor the content on the Website. We may disclose any information necessary or appropriate to satisfy our legal demands. The NYCommons team, in its sole discretion, may edit, remove, or require you to remove, or refuse to post any content, in whole or in part, alleged to be undesirable, inappropriate, or in violation of these terms
5. NYCommons Content and Licensing
5.1 You acknowledge that the Website contains content owned by the NYCommons team, or other parties that have licensed their material or provided services to the team. You agree that this content may be protected by intellectual property law. You are free to share and adapt certain content in accordance with our license terms (See specific terms here and software license terms here: https://github.com/nycommons/nycommons-django/blob/master/LICENSE). There is no implied license to materials not covered by the licenses mentioned above.
6. Privacy
6.1 The NYCommons team may collect personal information about you through the Website. Our collection, use, and disclosure of this information is governed by our Privacy Policy. You consent to the practices listed in the privacy policy: https://nycommons.org/about/privacy-policy/
7. Copyright Complaint Policy
7.1 The NYCommons team respects the intellectual property of others. If you believe that materials on the Website constitute copyright infringement, or otherwise violate your intellectual property rights, please notify cdpequitableneighborhoods@urbanjustice.org by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent identified below:
a. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. 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 NYCommons team to locate the material;
d. Information reasonably sufficient to permit the NYCommons team to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
e. A statement that the complaining party has 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
f. 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.
Copyright Agent: cdpequitableneighborhoods@urbanjustice.org
8. Termination
We reserve the right to terminate your account or access to the website at will. We will terminate your access if we receive repeated complaints of copyright infringement relating to content submitted from your email or IP address.
9. Disclaimer of Warranty and Limitation of Liability
9.1 You agree to use the Website at your own risk. 596 Acres makes no warranty that access to the Website will be uninterrupted or error free, nor do we make any warranty as to the results that may be obtained from use of the Website, or as to the accuracy, reliability or content of any information or service provided through the Website. Nothing provided on our website constitutes legal advice.
9.2 The NYCommons team shall not be liable to you or any third parties for any damages or injury arising out of or in connection with your use of the Website. This includes, without limitation, direct loss, loss of business or profits, damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
10. Jurisdiction
10.1 The Website is offered from facilities in the United States. We make no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website are responsible for compliance with local law.
11. Choice of Law and Venue
11.1 You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of New York applicable to contracts to be wholly performed therein, and any action based on, relating to, or alleging a breach of this Agreement must be brought in a state or federal court in New York City, New York. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
12. Choice of Language
12.1 If the NYCommons team provides you with a translation of the English language version of these Terms of Use, the Privacy Policy, or any other policy, then you agree that the translation is provided for informational purposes only and does not modify the English language version. In the event of a conflict between a translation and the English version, the English version will govern.
13. No Waiver
13.1 The NYCommons team may waive any term of this Agreement. Such waiver will not be deemed a further or continuing waiver of that term or any other term of the Agreement. If the NYCommons team fails to assert any right or provision created by this Agreement, such failure will not constitute a waiver of such right or provision.
14. Entire Agreement
14.1 This Agreement constitutes the entire agreement between the parties and supersedes all previous agreements relating to the use of the Website.
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