I. YOUR USE OF nycxdesign.com
You agree to access and use nycxdesign.com 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 nycxdesign.com. By accessing nycxdesign.com, you agree that you will not:
- use nycxdesign.com to commit a criminal offense or to encourage others to engage in any conduct which would constitute a criminal offense;
- use nycxdesign.com in a way to give rise to civil liability or encourage others to engage in any conduct which would give rise to civil liability;
- use nycxdesign.com to impersonate other parties or entities;
- use nycxdesign.com 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 nycxdesign.com or the hardware or software of any other person who accesses nycxdesign.com;
- upload, post, email, or otherwise transmit any materials that you do not have a right to transmit under any law or contractual relationship;
- alter, damage, or delete any content posted on nycxdesign.com;
- disrupt nycxdesign.com or its servers or networks in any way; or
- 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
- You agree and understand that you are responsible for maintaining the security and confidentiality of passwords associated with any account you use on nycxdesign.com.
- Accordingly, you agree that you will be solely responsible to nycxdesign.com for all activities that occur under your account.
- If you become aware of any unauthorized use of your password or of your account, you agree to notify nycxdesign.com immediately by visiting the Contact Us page.
III. INFORMATION YOU PROVIDE
IV. INTELLECTUAL PROPERTY
- Service marks and trademarks contained in or displayed on nycxdesign.com, 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 nycxdesign.com, and the selection and arrangements thereof, are the property of New York City Economic Development Corporation (“NYCEDC”) or The City of New York (“City”). All rights are reserved.
- Nycxdesign.com 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, nycxdesign.com, you may submit a notice pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing nycxdesign.com’s Copyright Agent with the following information in writing:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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 nycxdesign.com to locate the material;
- information reasonably sufficient to permit nycxdesign.com to contact you, such as an address, telephone number, and, if available, an email address;
- 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
- 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.
- nycxdesign.com’s designated Copyright Agent under the DMCA for nycxdesign.com is Lauren Brady, who can be reached as follows:
New York City Economic Development Corporation
110 William Street
New York, NY 10038
By email: DMCA@nycedc.com
- You acknowledge that if you fail to comply with all of the above notice requirements, your DMCA notice may not be valid.
- For clarity, only DMCA notices should go to the Copyright Agent. To send any other comments or questions about nycxdesign.com, or to request permission to use NYCEDC-owned or City-owned intellectual property located on nycxdesign.com, please Contact Us
V. LINKS TO SITES OF NON-CITY ENTITIES
Nycxdesign.com may contain links to other sites on the Internet that are operated by parties other than nycxdesign.com. Nycxdesign.com 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 nycxdesign.com, 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.
- NYCXDESIGN.COM 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 NYCXDESIGN.COM (WHETHER BY NYCXDESIGN.COM 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 NYCXDESIGN.COM.
- NYCXDESIGN.COM 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, NYCXDESIGN.COM AND/OR THE MATERIALS CONTAINED ON NYCXDESIGN.COM WHETHER THE MATERIALS CONTAINED ON NYCXDESIGN.COM ARE PROVIDED BY NYCXDESIGN.COM OR A THIRD PARTY.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF NYCXDESIGN.COM 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.
- 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 NYCXDESIGN.COM.
VII. MISCELLANEOUS TERMS
- Nothing contained in or displayed on nycxdesign.com or in these Terms constitutes or is intended to constitute legal advice by nycxdesign.com or any of its agencies, officers, employees, agents, attorneys, or representatives.
- You agree that if nycxdesign.com does not exercise or enforce any legal right or remedy which is contained in the Terms (or which nycxdesign.com otherwise has under applicable law), such omission will not be taken to be a formal waiver of nycxdesign.com’s rights and shall not be construed to be a modification of the Terms.
- 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.
- 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.
- Nycxdesign.com 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 nycxdesign.com 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.