TERMS OF USE:
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING ANY NEW YORK YIMBY LLC WEBSITE, MOBILE APPLICATION, DATA PRODUCT, NEWSLETTER, PRINT PUBLICATION (OR ANY CONTENT, PRODUCT, SERVICE, OR FEATURE AVAILABLE THROUGH THE WEBSITE OR MOBILE APPLICATION, INCLUDING THE EMBEDDED VIEWER) (COLLECTIVELY, THE “SITE”), YOU AGREE TO ABIDE BY AND BE BOUND BY THE TERMS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AS WELL AS ANY ADDITIONAL TERMS AND RESTRICTIONS PRESENTED IN RELATION TO SPECIFIC CONTENT OR A SPECIFIC PRODUCT, SERVICE OR FEATURE (COLLECTIVELY, THE “TERMS OF USE”). THESE TERMS OF USE ARE SUBJECT TO CHANGE FROM TIME TO TIME, WITH OR WITHOUT NOTICE.
These Terms of Use are not intended to alter the terms or conditions of any content license agreement not contained within these Terms of Use which you may have with YIMBY, its subsidiaries or affiliates, and to the extent of any conflict, the terms of your content license agreement will prevail. By using the Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Terms of Use. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Terms of Use on such entity’s behalf, and that such entity agrees to indemnify YIMBY for violations of these Terms of Use.
Ownership of the Site and its Contents
The Site is owned by NEW YORK YIMBY, LLC (“YIMBY”). Unless otherwise indicated, all of the content featured or displayed on the Site, including, but not limited to, text, graphics, database records, photographic images, moving images, sound, illustrations, audio recordings, software, and the selection and arrangement thereof (“YIMBY Content”), is owned by YIMBY, its licensors, or its third-party partners. YIMBY Content includes all materials published on newyorkyimby.com, as well as, any materials created by YIMBY and acquired by any other means. All elements of the Site, including the YIMBY Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
Use of the Site
Except as otherwise provided herein, by accessing this Site, you are specifically prohibited from: (a) downloading, copying, republishing, or re-transmitting any or all of the Site or the YIMBY Content without, or in violation of, a written license or agreement with YIMBY; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the YIMBY Content by using framing or similar navigational technology; (d) linking an image on newyorkyimby.com separate from its related article page; (e) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any YIMBY product or service if you are not expressly authorized by such party to do so; (f) reverse engineering, altering or modifying any part of the Site or the YIMBY Content; (g) circumventing, disabling or otherwise interfering with security-related features of the Site or any system resources, services or networks connected to or accessible through the Site; (h) selling, licensing, leasing, or in any way using in a manner intended to derive a competitive or commercial advantage, the Site or the YIMBY Content without specific written authorization from YIMBY; and (i) using the Site or the YIMBY Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.
The editing and adaptation of the Site and the YIMBY Content in any format or medium is expressly prohibited, except as provided as below:
1) print or electronic republication by accredited news organizations in print or electronic news periodicals is permitted conditioned that appropriate attribution is given to the original YIMBY source page and a link to the Site is included upon republication;
a. The link must include the URL that appears when you view the source article on the Site;
b. Such attribution must be in-line with text and above the fold in any place YIMBY Content appears;
c. Such attribution must be clear and conspicuous, and not hidden within a footnote;
d. Permissible republication of YIMBY Content or YIMBY owned images in any derivative works may not be altered;
e. Visual watermarks on an image may not be altered by cropping or removing such watermarks;
f. You may summarize YIMBY Content and reproduce YIMBY headlines subject to the other conditions described herein;
g. Any use of YIMBY Content must include an appropriate copyright notice in YIMBY’s name;
h. The permission described herein does not extend to any articles, photographs or other content published on the Site which are credited to a source other than YIMBY;
i. YIMBY may terminate or revoke the permission described herein if you violate any of the terms or conditions described herein or otherwise at YIMBY’s absolute discretion.
2) Broadcast Television republication is permissible provided on-screen graphic attribution is included as follows –“Source: New York YIMBY”;
3) The following are examples of proper New York YIMBY attribution:
Sample Online Image / Photo / Illustration / Video / Audio Attribution
© New York YIMBY. “Name of Source Article Here” Used by permission.
Sample Online Text Attribution
As first reported by New York YIMBY, this building is being erected on the vacant lot.
Sample Broadcast Television Attribution
Source: New York YIMBY www.newyorkyimby.com
Copyright Infringement Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, YIMBY has adopted a policy of terminating, in appropriate circumstances and at YIMBY’s sole discretion, users who infringe the intellectual property rights of YIMBY.
Trademarks
The YIMBY logo, and any other product or service name or slogan contained in the Site are trademarks of YIMBY and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of YIMBY or the applicable trademark holder. You may not use metatags or any other “hidden text” utilizing ” YIMBY ” or any other name, trademark or product or service name of YIMBY without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of YIMBY and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Indemnification
You agree to defend, indemnify and hold harmless YIMBY, its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any User Content that you post, store or otherwise transmit on or through the Site, your conduct, your use or inability to use the Site, your breach or alleged breach of the Terms of Use or of any representation or warranty contained herein, your unauthorized use of the YIMBY Content, or your violation of any rights of another.
Disclaimer
The site, including without limitation the embedded viewer and the YIMBY content, are provided “as is” and YIMBY and its directors, employees, content providers, agents and affiliates exclude, to the fullest extent permitted by applicable law, any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. YIMBY will not be liable for any damages of any kind arising from the use of the site or the YIMBY content, or the unavailability of the same, including, but not limited to lost profits, and direct, indirect, incidental, punitive and consequential damages. The functions embodied on or in the materials of this site are not warranted to be uninterrupted or without error. You, not YIMBY, assume the entire cost of all necessary servicing, repair or correction due to your use of this site or the YIMBY content. We make no warranty that the site or the YIMBY content is free from infection by viruses or anything else that has contaminating or destructive properties. YIMBY uses reasonable efforts to ensure the accuracy, correctness and reliability of the YIMBY content, but we make no representations or warranties as to the YIMBY content’s accuracy, correctness or reliability.
YIMBY offers a search feature within the Site. YIMBY explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. YIMBY also disclaims any responsibility for the completeness or accuracy of any directory or search result.
Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
Limitation of Liability
IN NO EVENT SHALL YIMBY, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE YIMBY CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM YIMBY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YIMBY RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF YIMBY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO YIMBY FOR ACCESS TO OR USE OF THE SITE.
Governing Law, Jurisdiction and Choice of Forum
You agree that any claim, action or proceeding arising out of these Terms of Use, or your use of the Site or the YIMBY Content, shall be governed by and construed in accordance with the substantive laws of the State of New York and must brought solely in a state or federal court in New York County, New York and any appellate court from any thereof. You unconditionally submit to the exclusive personal jurisdiction of such courts for any such action and waive, to the fullest extent you may legally and effectively do so, any objection or defense you may now or hereafter have (including without limitation the defense of an inconvenient forum) to the laying of venue in any such court of any such suit, action or proceeding.
No Waiver
The failure of YIMBY to exercise or enforce any portion of these Terms of Use shall not constitute a waiver or modification of any such right or position.
General
The section titles used in the Terms of Use are for convenience of reference only, are not intended to be considered a part hereof, and shall not modify or restrict any of the terms or provisions hereof or be taken into consideration in interpreting or construing the Terms of Use. If any portion of these Terms of Use is found by a court of competent jurisdiction to be unlawful, void, invalid or otherwise unenforceable, then the court shall endeavor to give effect to the parties’ intention as reflected in that portion and the portion shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of the remaining portion, which will remain in full force and effect. These Terms of Use constitute the entire agreement between you and the YIMBY with respect to the subject matter hereof and supersedes any other agreements, written or oral.
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