Terms Of Use

Introduction
NYNY is pleased to provide you with this site for your personal use and education, but nothing on this site constitutes a recommendation for educational services, nor does NYNY make a warranty of any kind for individual on-line users.

The URL newyorkneedsyou.org is owned by NYNY, but the content of newyorkneedsyou.org is an initiative of many collaborators. Only those pages bearing the copyright of NYNY are the responsibility of NYNY and any references in these terms of use to the NYNY website refer only to those pages copyrighted to NYNY.

1. Copyright, Copying, and Trademark The entire NYNY website is copyrighted 2009 by NYNY. Certain articles or materials within the website are also separately copyrighted by NYNY or by others, as indicated, with all rights reserved. If you find these materials useful, you may download, print out, or send a copy to others so long as each copy indicates the appropriate copyright notice and is used only for personal use. It is expressly prohibited, however, to reprint or electronically reproduce any text, document, graphic, or audio or visual material for bulk or commercial use. For special copyright permissions, or to purchase NYNY publications and pamphlets, please write to: NYNY Marketing Division, 589 8th Avenue, Floor 5, New York, NY 10018 or email materials@newyorkneedsyou.org.

2. Disclaimer of Endorsement The information posted on this NYNY website includes information copyrighted by others, as well as hypertext links or pointers or search or locator engines that will lead to other websites. These linked websites are developed and maintained independently of NYNY and are not a part of this NYNY website. When users leave the NYNY website and travel to a third-party website or web page, they become subject to different terms of use and privacy policies. NYNY does not control or guarantee the accuracy, relevance, timeliness or completeness of any third-party information contained on the NYNY website or any information found on a linked website, nor does NYNY endorse the views expressed or products or services offered by any third-party information or linked websites.

3. Information Obtained Through the NYNY website Does Not Constitute Educational, Legal, or Other Professional Advice
THE INFORMATION CONTAINED IN THIS WEBSITE OR TRANSMITTED TO YOU ELECTRONICALLY IN RESPONSE TO A MESSAGE FROM YOU IS NOT INTENDED NOR IMPLIED TO CONSTITUTE EDUCATIONAL, LEGAL, OR OTHER PROFESSIONAL ADVICE, AND USERS SHOULD ALWAYS SEEK THE ADVICE OF AN APPROPRIATE EDUCATION PROFESSIONAL, ATTORNEY, OR OTHER PROFESSIONAL REGARDING INDIVIDUAL QUESTIONS OR CONCERNS OF AN EDUCATIONAL, LEGAL OR PROFESSIONAL NATURE.

4. Disclaimer of Warranty and Liability
NYNY ASSUMES NO LIABILITY FOR ANY DECISION MADE, OR ACTION TAKEN IN RELIANCE UPON INFORMATION CONTAINED IN THE NYNY WEBSITE OR ANY OTHER INTERNET SITES LINKED TO IT IN ANY WAY. NYNY DOES NOT ASSUME ANY RESPONSIBILITY OR RISK FOR YOUR USE OF THE NYNY WEBSITE OR THE INTERNET. Furthermore, NYNY does not make any express or implied warranties, representations, or endorsements whatsoever in connection with the NYNY website, other websites accessed by "hyperlink," or the Internet generally (including without limitation, warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose). You understand that, except for information, products, or services clearly identified as being supplied by NYNY, NYNY does not review, operate, or control any material, information, products or services on newyorkneedsyou.org pages or on the Internet, including electronic transmissions from Users or materials connected to the NYNY website through "hyperlinks," in any way. Many photographs on the NYNY website are of volunteers, supporters, students, and other professionals. However, some of the people shown in the photographs on newyorkneedsyou.org are not affiliated, directly or indirectly, with NYNY. Their photos were chosen based solely on aesthetic factors. In no event shall NYNY be liable for any injury, loss, claim, damage, or any incidental or consequential damages arising either directly or indirectly out of or in any way connected with the NYNY website, or any failure or delay in updating or including any materials on the NYNY website, or any use of or inability to use any materials on the NYNY website, even if NYNY has been advised of the possibility of such damages. (Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental and consequential damages, so the above exclusions may not apply to you.)

5. Waiver of Responsibility for Defective or Contaminated Materials
Although NYNY makes every effort to ensure the correctness of data, NYNY disclaims responsibility for any errors or omissions, such as unintended technical inaccuracies or typographical errors, in the materials on our website. You also understand that NYNY cannot and does not guarantee or warrant that files available for downloading through our website will be free of "infection" or "viruses," "worms," "Trojan horses," or other code that manifest contaminating or destructive properties. Users are responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output, and for maintaining a means external to the NYNY website for the reconstruction of any lost data. Use of the NYNY website and the Internet generally is at the User's own risk.

6. Legal Actions
These terms of use shall be governed by and construed in accordance with the laws of the state of New York, U.S.A., and you agree to submit to the personal jurisdiction of the courts of the state of New York. In the event that any portion of these terms of use is deemed by a court to be invalid, the remaining provisions shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this website, or the use of this website, must be filed within one year after such claim or cause of action arose and must be filed in a court in New York, New York, U.S.A.

7. User Rules
In order to maintain an informative and valuable service that meets the needs of the viewers of the website and avoids harm to others, it is necessary to establish and for you to follow these User Rules:
a. THE USER MAY DOWNLOAD, PRINT, OR TRANSMIT INFORMATION FROM THE NYNY WEBSITE FOR PERSONAL, PRIVATE USE. HOWEVER, THE USER MUST MAKE SURE THAT PROPER COPYRIGHT NOTICE IS AFFIXED TO EACH COPY TRANSMITTED OR PRINTED AND IN NO CASE MAY THE MATERIALS BE REPRODUCED IN BULK OR FOR COMMERCIAL USE WITHOUT EXPRESS, WRITTEN PERMISSION FROM NYNY MARKETING DIVISION 589 8TH AVENUE, FLOOR 5, NEW YORK, NY 10018
b. Users may not post or transmit any message that is libelous or defamatory, or violates any other person's copyrights, privacy rights, trademarks, trade secrets, or rights in other confidential information. The User indemnifies NYNY for any and all damages suffered by third parties as a result of the User's violation of this term.
c. Users may not post or transmit any message, data, image, or program with the intent to threaten the safety of others and/or with the effect of causing a reasonable person to perceive a threat to his or her safety.
d. It is not the intent to discourage Users from taking controversial positions or expressing vigorously what may be unpopular views; however, NYNY reserves the right to take such action as it deems appropriate in cases where the NYNY website is inappropriately used to disseminate statements or materials that are reasonably construed as abusive, destructive, harmful, or threatening to the safety of others.
e. Users may not interfere with other Users' use of the NYNY website, including, without limitation, disrupting the normal flow or use of the service.
f. Users may not post or transmit any file which contains "viruses," "worms," "Trojan horse" or any other contaminating or destructive features.
g. It is our general policy to protect the privacy of the persons transmitting any messages to NYNY. However, NYNY reserves the right to reproduce and distribute part or all of a message without any compensation to the User so long as any identifying information is deleted.

We reserve the right to remove any information that is posted in violation of these terms of use and to suspend any registered user accounts (if any) for persons who violate these terms of use.

8. Digital Millennium Copyright Act Notices
As required by Section 512(c)(2) of Title 17 of the United States Code, if you believe that any material on the NYNY website infringes your copyright, you must send a notice of claimed infringement to NYNY's Designated Agent at the following address:
Name of Agent Designated to Receive Notification of Claimed Infringement: Hosea H. Harvey
Full Address of Designated Agent to which Notification Should be Sent:
New York Needs You
589 8th Avenue, Floor 5
New York, NY 10018
Telephone Number of Designated Agent: 212-***-****
Facsimile Number of Designated Agent: 212-***-****
E-mail Address of Designated Agent: dmca@newyorkneedsyou.org

To be effective, Section 512(c)(3)(A) of Title 17 of the United States Code requires that your notification of claimed infringement be a written communication and that it include each of the following elements:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• A description of the copyrighted work claimed to have been infringed, or if more than one work is covered by the notice of claimed infringement, a description of each work.
• A description of the infringing activity or of the work that is claimed to be infringing and information about the location on this website (or, if the infringing information is located on another website linked to through this website, information about the location of the link or reference on this website) where the alleged infringement is occurring that is reasonably sufficient to allow us to locate the infringing material.
• Sufficient information to allow us to contact you, including your name, address, telephone number and, if available, your e-mail address.
• A statement by you that you 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.
• A statement by you that the information in the notice of claimed infringement 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.