Effective as of January 15, 2017.
Welcome to the Citizens Budget Commission website located at www.cbcny.org (the "Site").
Table of Contents
- Intellectual Property
- Submissions by Users
- CBC Acceptable Use Policy
- CBC’s Rights and Obligations
- Claims of Copyright Infringement
- Links to Other Websites
- Linking to our Site
- Disclaimer of Warranties
- Limitation of Liability and Damages
- Electronic Communications
- Choice of Law and Forum
- Contact Information
The following Terms are the provisions of a legal agreement between each individual who has access to, or uses the Site (“user”, "you" or "your") and the CBC. They govern all access to, and use of the Site.
Children under 13 are welcome to browse through and use the Site, but should not contact us, except through their parents or guardians.
CBC may, in its sole discretion change these Terms (including any other documents that are referenced in or linked to from these Terms) from time to time without notice to you. We will post a notice of such changes on the Site as applicable. The revised Terms will be effective when posted.
The data and materials, including without limitation all information, reports, text, graphics, logos, photos, music, and all other audible, visual or downloadable materials, as well as the selection, organization, coordination, compilation and overall look and feel of the Site that are published, broadcasted, or made available for download on or through Site, or that we otherwise share, disclose or distribute to users (such as newsletters) (collectively “Content”) are our sole property. CBC and its licensors retain all right, title and interest in the Site and Content, including all copyright, patent, trademark, trade secrets and all other intellectual property rights (collectively “Intellectual Property Rights”).
All rights, title and interest in the Site not expressly licensed through these Terms are reserved.
CBC grants each user a limited, non-exclusive, nontransferable, non sublicensable, non-assignable, royalty free license to use the Content for the user’s personal, non-commercial, educational, private or domestic purposes.
You may use the Site, download, store, display on your device (computer, smart phone, tablet) view, listen to, play, and print any Content subject to the following:
- Content may not be redistributed;
- Personal data about other users may not be harvested, collected or stored except where expressly authorized by Company;
- the Content may not be modified or altered in any way;
- Any copy of any part of the Site or Content must conspicuously display all Company’s (or Company’s licensors’) copyright and other proprietary notices as they appear on the Site or Content;
- Use, copy, distribution, display, or modification of any of the Site or Content, other than expressly permitted in these Terms is prohibited and constitutes unauthorized use.
Certain areas of the Site may permit users to submit comments, data, messages, text, photos, audio, video, or digital recording or other materials (each, a "Submission").
We do not want to receive confidential or proprietary information without our prior written, specific consent related to the sharing or disclosure of such information. Any information that we receive other than your personally identifiable information, will be deemed to be NON-CONFIDENTIAL
By uploading or sending a Submission, you understand and agree that:
- You are solely responsible for such Submission;
- You are responsible for keeping copies or back-ups of your Submission;
- The Submission will be treated as non-confidential;
- Any Submission may be made public to anyone on the Site and through any media.
If you are concerned that people whom you do not know might see your Submissions, or any comment made in a Submission, or if you do not wish to have your name publicly displayed, please do not post a Submission.
By sending or uploading a Submission, you automatically:
- Grant us, an irrevocable, royalty-free, perpetual, non-exclusive, worldwide license to use, copy, display, publish, modify, and edit such Submission in any form, media, or technology, whether now known or developed later, and to sublicense these rights to anyone (“License”);
- Allow us to use, (and permit others to use) your Submission in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion;
- Allow us to incorporate your Submission or any modification or excerpt of your submission into a report, compilation, blog, book, audio or video recording, or any other material, and to display, distribute, perform or publicly display, in whole or in part, Submission as or any such derivative work thereof.
By Sharing any Submission, you represent and warrant that:
- Your Submission does not violate our Acceptable Use Policy (set forth in the “Acceptable Use” Section of these Terms);
- You are at least 13 years old;
- You own all right, title, and interest, including all Intellectual Property Rights in your Submission (including, without limitation, all rights to the) or, alternatively, you have acquired all necessary rights in your Submission to enable you to grant to Company the rights in your Submission as described in these Terms;
- You have the right and authority to grant the License;
- You were not and will not be compensated in any way by any third party for submitting your Submission;
- Your Submission does not contain any information that you consider confidential, proprietary, or personal;
Users are responsible for what they do and what they write or post on the Site. Users are expected to follow the Company’s Acceptable Use Policy set forth below in this Section whenever they use the Site or Content, or share Submissions or otherwise interact with the Site or other users through the Site or as part of their participation in CBC’s activities.
Users may not share any Submission or use the Site in a manner that:
- Violates or promotes the violation of applicable local, state or national laws, including, but not limited to, those laws governing consumer protection, unfair competition, anti-discrimination, or false advertising;
- Violates or infringes or promotes the violation or infringement of another's rights, including Intellectual Property Rights, privacy rights, or any other legal or moral rights;
- Invades another's privacy or includes, copies or transmits another's confidential, sensitive or personal information;
- Is false or misleading;
- Is defamatory, libelous, derogatory, degrading, harassing, or threatening of another, or constitutes a personal attack;
- Promotes bigotry, racism, hatred or harm against any group or individual, or is racially, ethnically, religiously, or otherwise biased or offensive;
- Is vulgar, pornographic, or obscene;
- For which you do not have the right and authority to share and grant the necessary rights and licenses;
- Promotes or advertises goods or services; or contains a solicitation of funds, goods or services;
- Contains any viruses, Trojan horses, or other components designed to limit or harm the functionality of a computer or computer network.
In addition, Submissions must not:
- Contain or Incorporate material from a third-party’s website or other work of authorship, or any addresses, email addresses, contact information, or phone numbers (other than your own);
- Contain any viruses, worms, spyware, adware, ransomware, or other potentially damaging programs or files;
- Contain any information that you know to be false, inaccurate, or misleading;
- Contain or constitute any unsolicited or unauthorized advertising, promotional material, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
We are not a content publishing or a content archiving service, and we do not accept any responsibility with respect to any Submission, including, for example, the following:
- We have no obligation to monitor the Site or any Submission that is shared or published on or through the Site.
- We do not promise to store or make available on our Site any Submission that any user may post for any length of time.
- We do not endorse any Submission, and do not take any responsibility for its content;
- We have no responsibility for keeping back-ups of anything that a user posts on the Site.
However, we reserve the right to:
- Review the Site and to monitor all use of and activity on the Site;
- Remove or choose not to make available on or through the Site any Submission in our sole discretion;
- Remove any Submission that does not meet the CBC Acceptable Use Policy or that contain material that appear to be confidential or proprietary to a third party or to violate the privacy rights of a third party;
- Terminate or block access to the Site to any user who violates the CBC Acceptable Use Policy, or infringes the Intellectual Property Rights, privacy rights, or any other legal or moral rights of others.
- Act to the fullest extent of applicable laws, and in our discretion, report to the relevant authorities any user who transmits or upload any Submission intended or designed to cause harm.
If you believe that your copyrighted work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please send, as explained below, a Notice to our Copyright Agent providing the following information:
- The electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
- A description of the copyrighted work that you claim has been infringed and a description of the infringing activity;
- A description of where the material that you claim is infringing is located, such as the URL where it is posted;
- Your name, address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner of the copyright that is allegedly infringed, or are authorized to act on the copyright owner's behalf.
10. Links to Other Websites
This Site contains links to websites operated by other people or companies, including affiliates of the Site (collectively “Third Party Websites"). If you decide to use these links, you will leave the Site.
We do not control the content of those Third Party Websites and take no responsibility for these Third-Party Sites. The display of a link to Third Party Websites on our Site should not be implied to mean that we endorse or otherwise recommend such sites or the products or services offered.
We allow third parties to create links from third party websites to the Site. Unless an express agreement states otherwise, if you provide anyone with a link to the Site, you must comply with the following terms and all applicable laws:
- You may link to, but may not copy, or frame any of our Content;
- You may not create a browser or border environment around the Site or Content or any part thereof;
- You may only use and reproduce our Company logo or trademark if you follow our trademark and logo usage policy and only to refer to our Company, our products or our services;
- You may not imply that Company endorses or is affiliated with the third-party website or any products, services, or content available through that website;
- You may not misrepresent your relationship with Company;
- You may not present false or misleading information about Company, its products services or Content;
- The website must not contain any material that could be construed as distasteful, offensive, or controversial or other would not meet our Acceptable Use Policy; and
- The website must contain only material that is appropriate for all age groups.
We accept donations through the website of New York State Charities (“NY Charities”), which is located at http://www.nycharities.org.
When you elect to donate funds to CBC, or to participate in a fundraising event of the CBC, you may be directed to the CBC page on the NY Charities website at https://www.nycharities.org/give/donate.aspx?cc=2336.
NY Charities manages payments and payment card processing on our behalf. We do not have access to doners’ payment card information and disclaim any liability for any loss or compromise of information about a donor’s payment card. When you make a payment through NY Charities for the benefit of CBC, you agree to the Privacy Statement and User Agreement of NY Charities, which is available at https://www.nycharities.org/Resources/PrivacyPolicy.aspx.
For all purchases, donations, or contributions to CBC, all transactions are final and nonrefundable, unless determined by CBC in its sole discretion. Portion of the price paid for purchases, donations or contributions able donations may be tax-deductible as charitable donations. You are responsible for paying applicable standard credit card processing fees.
The protection of the security of our Site and underlying technologies, databases, computer equipment, network and servers is an essential part of our operations. You agree not to
- Access, tamper with, or use the Site or Content in any manner that could damage, disable, overburden, or impair any Company accounts, computer systems or networks;
- Disable, interfere with, or try to circumvent any of the features of the Site or computer systems and networks related to security or probe, scan, or test the vulnerability of any of our systems;
- Attempt to gain unauthorized access to any parts of the Site or any Company accounts, computer systems or networks;
- Interfere or attempt to interfere with the proper working of the Site or any Company accounts, computer systems or networks;
- Use any robot, spider, scraper or other automated means to access the Site or any Company accounts, computer systems or networks;
- Access or search or attempt to access or search our Site or computer systems or networks by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our Site.
- Scrape the Site, computer systems or networks or databases;
- Use the Site to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as emanating from CBC;
- Interfere with, or disrupt, (or attempt to do so), the access of any user, equipment, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Site or computer systems or networks; or in any other manner interfering with or creating an undue burden on our Site and computer system or networks.
THE SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO WARRANTY. CBC, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE (THE “CBC PARTIES”) MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITE AND ITS CONTENT, AND DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL SUCH REPRESENTATIONS AND WARRANTIES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE CBC PARTIES DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) WARRANTIES OF TITLE AND AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (III) WARRANTIES RELATING TO ABSENCE OF DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SITE, OR ANY PART THEREOF; (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE; (V) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF THE CONTENT OR THE SITE; AND (VI) OTHER WARRANTIES RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS OF THE CBC PARTIES.
FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE CBC PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
15. Limitation of Liability and Damages
IN NO EVENT WILL COMPANY OR THE CBC PARTIES BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF: (I) THIS SITE, CONTENT, YOUR ACCESS, USE OR INABILITY TO USE THIS SITE OR CONTENT; (ii) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, MALWARE, OR LINE OR SYSTEM FAILURE (INCLUDING LOSS PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE CONTENT OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SITE); (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO, AND USE OF THE SITE OR CONTENT, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY.
WE RESERVE THE RIGHT TO ALTER, REMOVE OR DISCONTINUE ANY PORTION OF THE SITE OR THE CONTENT OR TO SUSPEND OR TERMINATE YOUR USE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES.
THE FOREGOING LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF THE CBC PARTIES OR ANY OTHER PARTY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE CBC PARTIES’ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IF, NOTWITHSTANDING THE ABOVE, THE CBC PARTIES ARE FOUND LIABLE IN ANY WAY RELATED TO OR CONCERNING THE SITE OR CONTENT, IN NO EVENT SHALL EACH THEIR TOTAL LIABILITY EXCEED TEN (10) DOLLARS IN THE AGGREGATE.
Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Company’s defense of such claim.
When you visit the Site, or send e-mails to Company, you are communicating with Company electronically. We may respond to you by e-mail or by posting notices on the Site. You agree that all such notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications be in writing.
18. Choice of Law and Forum
The Terms shall be governed and construed in accordance with the laws of the State of New York, excluding conflicts of law rules. Any dispute arising out of or relating to this Terms or your access or use of this Site or Content will be subject to the exclusive jurisdiction of the court located within the County of New York in the State of New York, and you hereby submit to the personal jurisdiction of such courts.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
Company’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intentions of Company and you as reflected in the provision, and that the other provisions of these Terms will remain in full force and effect.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
These Terms shall remain in full force and effect notwithstanding any termination of your use of the Site.
These Terms will be interpreted without application of any strict construction in favor of or against you or Company.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction.
This Site is published by the Citizens Budget Commission, a 501(c)3 public benefit corporation located at 2 Penn Plaza, Fifth Floor, New York, NY 10121.
If you have any questions regarding these Terms, please contact us at firstname.lastname@example.org