Terms of Use

Welcome to CityLand at https://www.citylandnyc.org/ (the “Website”).  By using the Website, users agree to operate under the following terms and conditions, which include the Terms of Use, the Privacy Policy, the Code of Conduct and the Digital Millennium Copyright Act (DMCA) Policy (together, the “Terms of Use”).

PRIVACY POLICY.
CityLand respects the privacy of its users. CityLand promises to take steps to use personal information only in compliance with the Privacy Policy. Please click here to review the Privacy Policy.

CODE OF CONDUCT.
CityLand is designed to promote a broader participation in the New York City’s complex land use processes. To achieve this goal, CityLand encourages mutual respect among Contributors and users. CityLand requires users to adhere to the Code of Conduct when using the Website and Forum. Please click here to review the Code of Conduct.

DMCA POLICY.
CityLand takes allegations of copyright violations very seriously. CityLand adheres to the Digital Millennium Copyright Act, 17 U.S.C. 512. Please click here to review the DMCA Policy.

Terms and Conditions

1. Website Content. Any information, communications, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our Website (“site content”) is protected by copyrights, trademarks, and/or other proprietary rights and laws and is the sole property of CityLand, unless otherwise provided. You are permitted to use site content as expressly authorized by CityLand. Except for a single copy made for personal use only, users may not copy, reproduce, modify, republish, upload, post, transmit, or distribute site content in any form or by any means without prior written permission from CityLand and users are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in civil or criminal penalties.

2. User Content. You may upload comments, messages, files, photographs, hyperlinks, and any other visual or textual content (“User Submissions”). You are solely responsible for all of your User Submissions and the consequences of uploading them. You represent and warrant that none of your User Submissions are illegal, obscene, threatening, defamatory, an invasion of another’s privacy rights, infringing of any intellectual property rights, injurious to third parties, or otherwise objectionable to CityLand in its sole discretion. CityLand has the right, but is not obligated, to refuse or remove any User Submissions that violate any of these Terms of Use.

You agree that you will not, in connection with User Submissions, submit material that is contrary to applicable local, national, and international laws and regulations, or that is contrary to the Code of Conduct. CityLand does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and CityLand expressly disclaims any liability in connection with User Submissions.

You understand and agree that you will be exposed to User Submissions from a variety of sources that CityLand is not responsible for the accuracy, usefulness, or safety of such User Submissions. You further understand and agree that you may be exposed to User Submissions that are inaccurate, objectionable, offensive, or indecent and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CityLand.

3. Permissions and Restrictions. CityLand grants you permission to access and make personal use of the website as set forth in these Terms of Use. The site content is for your personal use only and not for commercial exploitation. As a user of this Web Site you are granted a nonexclusive, revocable, limited license to access and use this CityLand and site content in accordance with these Terms of Use.

You shall not (i) modify the Website or any portion except with express written consent; (ii) use or launch any viruses, worms, malware, Trojan horses or other harmful or destructive material; (iii) use or launch any automated system, including without limitation “robots,” ”spiders,” ”offline readers,” that accesses the Website  in a manner that sends more request messages to our servers in a given period of time that a human can reasonably produce in the same using a conventional online web browser, except as expressly permitted by CityLand; (iv) use the comment sections provided by the Website for any commercial solicitation purposes; (v) use the Website for any “commercial purposes” without the prior written authorization of CityLand (prohibited commercial purposes include without limitation, the sale of access to the Website, and any use of the Website that CityLand finds, in its sole discretion, use of CityLand’s resources or User Submissions with the effect of competing with or displacing the market for CityLand); (vi) circumvent, disable, or otherwise interfere with security-related features of the Website or features that restrict use or copying of any site content and User Submissions; (vii) use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Submissions; (viii) use false meta tags or any other hidden text utilizing CityLand names or trademarks without express written consent.

5. Warranty Disclaimer. YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. CITYLAND IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, CITYLAND, ITS OWNERS, OPERATORS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. CITYLAND MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES, OPINIONS, OR INACCURACIES WITH REGARD TO THE CONTENT, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE (iii) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE  , (iv) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE   BY ANY THIRD PARTY, AND/OR (v) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.

6. Limitation of Liability. Under no circumstances shall CityLand, its owners, operators, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) use or inability to use the Website, including without limitation use of or reliance on information available on the Website, interruptions, errors, defects, mistakes, omissions, delays in operation or transmission, non-delivery of information, lawful disclosure of communications, or any other failure of performance; (ii) errors, mistakes, opinions, or inaccuracies with regard to information available to the Website, (iii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website, (iv) any interruptions or cessation of transmission to or from the Website, (v) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort or any other legal theory. The foregoing limitation of liability shall apply to the fullest extent permitted by laws of the State of New York. You acknowledge that CityLand shall not be liable for User Submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. The Website is controlled and offered by CityLand from its facilities in the State of New York. CityLand makes no representations that the website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

7. Indemnification. You agree to defend, indemnify, and hold harmless, CityLand, its owners, operators, directors, employees, affiliates, and agents, from and against any actions, claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including without limitation attorneys’ fees) arising from or in connection with: (i) your use and access of the Website; (ii) your violation of any term or provision of these Terms of Use; (iii) your failure to abide by applicable local, state, federal, and international law; (iv) your violation of any third party right, including without limitation any copyright, trademark, property, or privacy right; (v) any claim that one of your User Submissions caused damage to a third party; or (vi) any breach of any representation, warranty, or agreement made by you in these Terms of Use. This defense and indemnification obligation survives these Terms of Use and your use of the Website. You hereby release and waive any claims, liability, and causes of action against CityLand arising from or in connection with your use of the Website.

8. Ability to Accept Terms of Use. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

10. Links to Third Party Sites. The Website may contain links to other websites controlled by parties other than CityLand. CityLand is not responsible for and does not endorse or accept any responsibility for the availability, content, products, services or use of any Third Party Site, any website accessed from a Third Party Site, or any changes or updates to such sites. Please be aware of when you leave the CityLand Website.

11. Changes to the Terms of Use. CityLand reserves the right to amend these Terms of Use at any time. You acknowledge and agree that it is your responsibility to review this site and these Terms of Use periodically and to be aware of any modifications. Continued use of the Website constitutes agreement to any changes to the Terms of Use.

MISCELLANEOUS PROVISIONS

Governing Law and Venue. The laws of the State of New York govern all matters arising out of or relating to these Terms of Use, without giving effect to its conflict of laws provisions or the user’s actual state or country of residence. You submit to the exclusive jurisdiction of the state and federal courts of the State of New York for resolving any claim or dispute arising out of or relating to these Terms of Use. You agree that: (i) the Website is solely based in the State of New York; and (ii) the Website is a passive website that does not give rise to personal jurisdiction over CityLand, either specific or general, in jurisdictions other than New York. If a court should any part of these Terms of Use invalid or unenforceable, the remaining portions will remain in full force and effect.

Trademarks. CityLand, Neutral Ground and related logos and images are trademarks of New York Law School. Other trademarks, service marks, graphics and logos used in connection with CityLand may be the trademarks of other third parties. Your use of CityLand grants you no rights or license to reproduce or otherwise use any New York Law School or third-party trademarks.

Legal Advice. CityLand does not draw legal conclusions or provide legal advice. The Website is not intended to create any attorney-client relationship. CityLand and its related Services are not substitutes for the advice of an attorney.

Entire Agreement. These Terms of Use constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If any part of these Terms of Use is held invalid or unenforceable, the remaining portions shall remain in full force and effect. Any waiver of any provision of the Terms of Use will be effective only if in writing and signed by an authorized representative of CityLand, an agent of New York Law School. Any failure by us to enforce or exercise any provisions of these Terms of Use or related rights shall not constitute a waiver of that right or provision.

If you have any questions, please contact:

Center for New York City Law
New York Law School
185 West Broadway
New York, NY 10013

Phone: 212-431-2115
Fax: 212-941-4735

nycitylaw@nyls.edu