Interview New York Terms of Use

 

Interview New York, Inc. ("INY") has created and maintains http://www.interviewnewyork.com (the "Site") in support of its mission to build community relationships and to encourage tolerance among the diverse populations in New York City.  INY will interview and collect stories, anecdotes, documents, and photographs from members and their families for use on the Site, as well as for use in other print and non-print mediums, including, but not limited to, books, magazines or periodicals, films, audio and video files and compilations, CDs and DVDs (the "Project").  Access to and use of the Site, its images and text files and data is subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. 

 

Terms and Conditions

 

By accessing, browsing, contributing to or otherwise using the Site, you ("You") accept, without limitation or qualification, the Terms and Conditions and other notices and acknowledge full and complete acceptance of the following terms:

 

  1. Acceptance.  These Terms and Conditions govern Your use of the Site and form a legal contract between You and INY.  These Terms and Conditions apply to all users of the Site, including uploading any content or materials on the Site. 

 

  1. Registration.  You may freely access the Site.  In consideration of Your ability to submit, post and upload Submissions, as defined below, to the Site, You are required to create an account in which You will have to provide personal information, including email address and password, which is used to protect the account from unauthorized access.  Registration will be necessary to post Your Content, as defined below.  You agree to provide accurate, current and complete information.  INY reserves the right to use Your email for non-marketing and administrative purposes, such as notifying You of any major changes to the Site. 

 

  1. Registration Obligations.  You are responsible for all use of the account and for any actions that take place using the account, whether by You or a third party.  If you are aware of any illegal or improper activity on the account, it is Your responsibility to inform INY.  You agree not to gain unauthorized access to the Site, or any account, computer system or network connected to this Site.

 

  1. Submissions and Postings. You may provide data, images, audio and video clips, documentation, text, and other information contained in the files posted on the Site as part of the Project (collectively, "Submissions").  In addition to providing Submissions, You may post commentary, participate in ranking or voting on Submissions, and/or participate in any other interactive features offered on the Site, such as any forums (collectively, "Postings").  Submissions and Postings collectively will be referred to as "Your Content."

 

  1. License Grant. You grant INY a non-exclusive royalty free, perpetual, irrevocable and fully sublicenseable and assignable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display Your Content throughout the world in any print or non-print media, including, but not limited to, for use on the Site or any other material or media whether now known or hereafter created.



    INY shall exclusively own all rights, including all copyright, in and to the Project, in any promotional, marketing, website, and advertising materials related thereto, and all proceeds resulting therefrom.  INY has sole and complete discretion to sell, display, perform, distribute, publish and republish, commercially exploit, use in advertising or promotion, modify, create derivative works from, or otherwise use the Project and any work which embodies it, without Your right to review or approve any such materials.

 

  1. Name. You grant the right to use the name/organizational name that You submit in connection with Your Content at INY's sole discretion for any project or program in support of its mission and in connection with any promotional purposes thereof.

 

  1. Intellectual Property Rights.  The content included in this Site, including graphics, logos, designs, images or software, is the exclusive property of INY or its content suppliers and protected by the United States and international copyright and trademark laws.  The compilation of all material on this Site is also the exclusive property of INY.  Any and all graphics, logos, page headers, button icons, scripts and service names are trademarks or trade dress of INY in the United States.  You may not distribute or resell the Site or its contents, any collection and use of any content or any derivative use of this Site or its contents.

    You warrant and represent that you own or otherwise control all of the rights to Your Content posted on the Site and that Your Content does not infringe the rights of third parties including, but not limited to, copyright, trademark, patent, trade secrets, or other proprietary information or derivative works therewith, and to the best of their knowledge, all Your Content is accurate and does not contain falsehoods, errors or omissions. 

 

  1. Restrictions on Use. You agree NOT to:

  1. Submit or post anything that is unlawful, threatening, abusive, libelous, defamatory or indecent information of any kind, including conduct that would constitute a criminal offense, give rise to civil liability or violate any local, state, national or international law or otherwise cause injury of any kind;

  2. Submit or post anything that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailing, or any form of "spam";

  3. Instigate or encourage others to commit illegal activities or cause injury or property damage to any person.  You are solely responsible for any injury caused;

  4. Reproduce, duplicate, display, publish, distribute, transmit, modify, repost, copy, sell, resell, visit, or otherwise exploit the Site or any content on the Site, whether posted by You or by other users of the Site, other than for personal use; 
  5. Circumvent, disable or interfere with security-related features of the Site or features that prevent or restrict use or copying of any content on the Site, whether posted by You or by other users of the Site or enforce limitations on use of the Site or the Project herein;
  6. Act in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, martial status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by INY;
  7. Stalk or otherwise harass anyone and/or post pornographic or indecent materials or otherwise post anything inflammatory, vulgar or overtly insulting;
  8. Post links to external websites, unless integral to the conversation;
  9. Obtain any materials through any means not intentionally made available through the Site;
  10. Upload infringing content, download or distribute any materials unless expressly authorized, or publicize any copyrighted works on or from the Site or otherwise facilitate the unlawful distribution of copyrighted content; and
  11. Make any defamatory or libelous comments or otherwise violate anyone's rights in their name or likeness or use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity.

 

  1. Content Removal or Rejection.  You agree that INY may edit, remove or decline to post, any of Your Content in its sole discretion that does not comport with its mission. INY has a right, but no obligation, to monitor and edit or remove any and all of Your Content, but INY takes no responsibility and assumes no liability for any of Your Content posted by Contributor or any third party. 

 

  1. Account Termination. INY reserves the right to cancel Your account for any reason whatsoever at any time without prior notice and at its sole discretion, including, but not limited to, for violations of the Terms and Conditions, violations of third party intellectual property rights, or for any interference with the ability of others to enjoy the Site in any way as determined by INY. 

 

  1. Disclaimer.  The views and ideas expressed on the Site are not necessarily the views and ideas held by INY or its directors, executives, staff or members.  INY is providing hosting for Your Content and does not take responsibility, nor endorse or support the writings or views of Your Content, unless otherwise specifically noted therein.  INY makes no representations or warranties of any kind, express or implied, as to the operation of this Site or the information, content or potential forum discussions included on or otherwise made available.   

 

  1. Modifications.  INY may, in its sole discretion, modify or revise these Terms and Conditions at any time, and You agree to be bound by such modifications or revisions.  If INY does so, INY will post the changes to the Terms and Conditions on the Site and will indicate at the top of the Terms and Conditions the date these terms were last revised.  It is Your responsibility to regularly check the Site to determine if there have been changes to the Terms and Conditions and to review such changes.  If You do not agree to any of these terms, You should not use the Site. 

 

  1. Indemnity and Release.  You agree to indemnify, defend and hold INY, its respective agents, employees, volunteers, licensees and assigns harmless from all claims, causes, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses and damages arising from or relating to Your Content.  In addition, You expressly release INY, its respective agents, employees, volunteers, licensees and assigns from any and all claims arising out of dissemination of Your Content or use in any way permitted under these Terms and Conditions.  This defense and indemnification will survive these Terms and Conditions and Your use of the Site.

 

  1. No INY Liability for Damages.  Use of and browsing the Site is at Your own risk.  Neither INY nor any other party involved in creating, producing, delivering or maintaining the Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of users’ access to, or use of the Site.  Without limiting the foregoing, all content on the Site are provided “AS IS” WITHOUT A WARRANTY OF ANY KIND, NEITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMIITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT.  INY assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, users’ computer equipment or other property on account of users’ access to, use of, contribution to or browsing in any content of the Site.  The Site may contain links to external or third-party websites that are not controlled or owned by INY.  By Your use of the Site, You expressly relive INY of any liability arising from Your use of these external or third-party websites.  Nothing in this Terms and Conditions shall be deemed to confer any third party rights or benefits.

 

  1. Permissions.  Any party wishing to use any content submitted by other users from the Site, for any purpose, must request and receive prior written approval from INY.  Permission for such use is granted on a case-by-case basis at the sole discretion of INY.  For inquiries please contact: info@interviewnewyork.com  Furthermore, You may not use any meta tags or any other text utilizing INY's name or trademarks without the express written consent of INY.  You may not use any INY logo or other proprietary graphic or trademark whatsoever without the express written consent of INY. 

 

  1. Applicable Venue. Any legal action concerning these Terms and Conditions shall be interpreted under the laws of the State of New York.  In addition, You agree to resolve all claims or disputes in the courts of the State of New York, and expressly submit to exclusive jurisdiction and venue in those courts.

 

  1. Digital Millennium Copyright Act Take Down Procedure. INY complies with all applicable United States intellectual property law and with the Digital Millennium Copyright Act ("DMCA"). Accordingly, INY follows a take-down procedure for any purported intellectual property infringement.  Under this policy, if You believe that any of Your Content has been infringed, You should report it to INY at info@interviewnewyork.com.  INY will investigate the matter and, after such investigation and in its discretion, INY will promptly remove the content from the Site.

     
  2. Assignment.  These Terms and Conditions, and any rights or license grants, may not be transferred or assigned by You.  INY, in its sole discretion, reserves the right to transfer or assign these Terms and Conditions, and any rights or license grants, to third parties.

 

819044.03-New York Server 4A                            MSW - Draft October 26, 2009 - 6:01 PM

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