TERMS AND CONDITIONS OF USE AND DISCLAIMERS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE (the "Site")
This Site is owned and operated by the Battery Park City Authority ("BPCA", "we", "us" or "our"). It is intended for your personal entertainment, information, education and communication. Please feel free to browse the Site; however, your access and use of the Site is subject to the following terms and conditions of use ("Terms and Conditions of Use") and all applicable laws. By accessing and using the Site, you accept, without limitation or qualification, the Terms and Conditions of Use and agree to be legally bound by the Terms and Conditions of Use. You also agree not to interrupt or attempt to interrupt the operation of this Site in any way. Please note that this Site and any services offered on the Site, such as chat rooms, message boards, links, polls, shopping and downloads (collectively, the "Services") are only open to users 13 years of age and older. If you do not agree with all of the following Terms and Conditions of Use, please do not use this Site.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these Terms and Conditions of Use at any time. Changes and/or modifications shall become effective immediately upon the posting thereof. Please review these Terms and Conditions of Use periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised Terms and Conditions of Use. For your information, this page was last updated on August 17, 2006.
OWNERSHIP OF INTELLECTUAL PROPERTY AND RESTRICTIONS OF USE
All materials contained in this Site, including, without limitation, software, design, text, images, photographs, illustrations, audio, videoclips, artwork and graphic material (the "Materials") are our property and are protected, without limitation, pursuant to U.S. and international copyright and other laws. You cannot use the Materials, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Materials. This Site also contains proprietary trademarks, service marks and logos. By making them available on this Site, we are not granting you any license to use such trademarks, service marks and logos. As long as you comply with the Terms and Conditions of Use, we grant you a personal, non-exclusive, non-assignable, non-transferable limited right to enter, display and use this Site. You agree not to copy, reproduce, republish, upload, post, transmit or distribute in any way or decompile, reverse engineer, disassemble or otherwise modify the Materials, except you may download one (1) copy of the Materials on any single computer for your personal, noncommercial home use only, provided that you maintain all copyright and other proprietary notices contained in such Materials. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
BULLETIN BOARDS, CHAT ROOMS AND OTHER PUBLIC FORUMS
The Site may include bulletin boards, chat rooms and other areas where users can submit, post and/or exchange information, ideas, opinions, photographs, images, videos, creative work or any other materials (collectively "Public Forums"). The Public Forums are for use for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third-party business activity. We do not control postings on such Public Forums, and the postings do not necessarily reflect our views. In no event shall we assume or have any responsibility or liability for any materials posted on Public Forums or for any claims, damages or losses resulting from their use and/or appearance on this Site.
We have no obligation to monitor the Public Forums and are not responsible or liable for failure to monitor or edit any materials sent over the Services or posted on Public Forums. Although we may from time to time monitor or review the content posted on this Site, we cannot be responsible for the views or opinions expressed by third parties. Nevertheless, we reserve the right to edit, change, refuse to post or remove any user materials or postings, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms and Conditions of Use, as well as revoke the privileges of users who do not comply with such Terms and Conditions of Use or block specific IP addresses. We reserve the right at all times to disclose any information (including, without limitation, the identity of the persons providing information or materials on the Public Forums) as necessary to satisfy any law, regulation or governmental request.
RULES OF CONDUCT
You agree that your use of the Services, Public Forums and this Site is subject to all applicable local, state and federal laws and regulations and that you are solely responsible for all of your acts and omissions, including, without limitation, the contents of your transmissions through the Services and Public Forums. As a condition of your use of the Services, Public Forums and this Site, you agree not to:
If you send any communications or materials to the Site by posting messages, uploading files, inputting data, or engaging in any other form of communication through this Site, the Services or the Public Forums, including, without limitation, any comments, data, questions, ideas, concepts, suggestions, responses to contests, sweepstakes or other promotions, or the like (collectively, "User Content"), you grant us a royalty-free, unrestricted, irrevocable, non-exclusive right and license to use, reproduce, copy, post, publish, disclose, distribute, broadcast, exhibit, transmit, publicly and privately perform, publicly and private display, adapt, translate, edit, change, modify, license, sell, create derivative works from, incorporate into any other material or works, or otherwise exploit any such User Content, in whole or in part, throughout the universe and in perpetuity, in any manner and in any and all media (whether now known or hereafter devised or developed), alone or together or as part of other material or work of any kind or nature and for any purpose whatsoever as we may determine. You agree and understand that we are not obligated to use any User Content, and you have no right to compel such use. You further agree and understand that you have no right inspect or approve the way we use such User Content.
Please be advised that in no event shall we assume or have any responsibility or liability for the manner in which the User Content is exploited or for any claim, damages or losses resulting from the use and/or appearance of such User Content on the Site or elsewhere. Please also understand that you give up any claim that that any use of User Content violates any of your rights, including, without limitation, moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right of any kind or nature that you may have with respect to such User Content. Also, please understand that your User Content shall not be returned.
By submitting any User Content, you represent and warrant that you own, control or have all necessary rights in such User Content, and all information contained therein, and that such User Content, and the use of such User Content by us does not infringe upon or violate the rights of any third party. In addition, you warrant and represent that all so-called 'moral rights' in those materials have been waived. If your User Content incorporates the name, voice, likeness or image of any individual, you represent and warrant that you have the right to grant us permission to use such name, voice, likeness or image of such individual appearing in the User Content in any manner and in any and all media (whether know known or hereafter devised or developed), throughout the universe and in perpetuity, to the same extent that we use the User Content.
You agree to indemnify, defend and hold us harmless, and our affiliated or related entities, and their respective officers, directors, employees, agents, licensors, licensees suppliers and representatives, from and against all losses, expenses, damages and costs (including, without limitation, reasonable attorneys' fees and costs) resulting from any actual or alleged breach of any of your representations, warranties or undertakings hereunder. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with the us in asserting any available defenses.
LINKS TO THIRD PARTY SITES
This Site may contain links to other web sites. These links are for your convenience only and you access them at your own risk. The appearance of links from this Site to any other site does not constitute endorsement by us of the opinions or views expressed by these linked sites and we do not verify, endorse, or take responsibility for the accuracy, reliability, legality, validity, completeness or quality of the content of any linked sites. Furthermore, BPCA is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites. As such, neither our related entities nor we will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these linked sites. To the extent that these linked sites collect personal information or postings from users, be advised that in no event shall we assume or have any responsibility or liability for the manner in which such information or postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these linked sites. Finally, BPCA will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these linked sites.
BPCA reserves the right, in its sole discretion, to terminate this Site or any Services, or terminate any user's access to all or part of this Site, at any time with or without cause or notice. BPCA shall not be liable to you or any other party for such termination.
Internet transmissions are never completely private or secure. You understand that any message or information you send to this Site may be read or intercepted by others, unless there is a special notice that a particular message is encrypted (that is, sent in code). Sending a message to this Site does not cause us to have any special responsibility to you.
You agree to indemnify, defend and hold us harmless and our related entities, and their respective officers, directors, employees, agents, licensors, licensees, suppliers, representatives and third party information providers from and against all losses, expenses, damages and costs (including, without limitation, reasonable attorneys' fees and costs) resulting from any actual or alleged violation of these Terms and Conditions of Use by you. BPCA reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.
DISCLAIMERS/LIMITATION OF LIABILITY
YOUR USE AND BROWSING OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND ALL MATERIALS AND SERVICES CONTAINED OR MADE AVAILABLE ON OR ACCESSED THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BPCA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, FOR THE ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF ANY MATERIALS PROVIDED ON OR AVAILABLE THROUGH THIS SITE. BPCA is not responsible or liable for any damages to your computer equipment (whether due to any viruses, infections or contamination of your computer system or otherwise) or other property, delays, inaccuracies, errors, or omissions arising out of or on account of your access to, use of, or browsing in this Site (including any Public Forums), your downloading of any Materials from the Site, or with respect to the information and material contained on this Site.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BPCA AND OTHER AFFILIATED OR RELATED ENTITIES, ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE AND/OR ANY MATERIALS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, LICENSEES AND REPRESENTATIVES, WILL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, DIRECT, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SITE AND THE MATERIALS. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT BPCA IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
BPCA makes no representation that materials on this Site are appropriate or available for use in any particular location, and accessing them from locations where their contents are illegal is prohibited. Those who choose to access this Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. No software from this Site may be downloaded, exported or reexported in violation of any law, including, without limitation, to countries that are subject to U.S. export restrictions.
These Terms and Conditions of Use and all matters or issues collateral thereto will be governed by and construed in accordance with the laws of the State of New York applicable to contracts executed and performed entirely therein without regard to its conflicts of law rules. Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the cause of action arises. Any action, whether at law or in equity, arising out of or relating to these Terms and Conditions of Use and/or your use of this Site shall be brought only in the state or federal courts located in New York County, New York, and you expressly consent and submit to the personal jurisdiction of such courts. These Terms and Conditions of Use constitute the entire agreement between BPCA and you with respect to your use of this Site and supersede all prior understandings of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of these Terms and Conditions of Use is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions of Use and shall not affect the validity and enforceability of any remaining provisions, which shall remain in full force and effect.