Terms of Use

About the NYC Site The Website http://nycsevereweather.crowdmap.com (“NYC Site”) is a website and online platform operated by the City of New York (“City”) and used in connection with crowdmap.com (“Overall Site”).  The Overall Site has terms of use similar to these Terms of Use.  However, in the case of any conflict of terms between these Terms of Use and the Overall Site’s terms of use, the NYC Site’s Terms of Use shall control.  All further references herein to “Terms” shall be to this NYC Site’s Terms of Use. To submit a formal service request to NYC, use 311.  FOR EMERGENCY ASSISTANCE, CALL 911.  For more information about how the City is responding to the storm, visit <a href="http://www.nyc.gov/severeweather">www.nyc.gov/severeweather</a>. The Purpose of the NYC Site The purpose of the NYC Site is for you to let the City and fellow New Yorkers know about weather conditions and weather-related service disruptions in your neighborhood.  This is an information sharing site.  Insofar as any posts made concern weather conditions and weather-related service disruptions, the City will not take action.  Conversely, the City may take down any posts that do not concern weather conditions and weather-related service disruptions.  Because conditions are constantly changing during a storm, the City does not verify the accuracy of any posts.  Prohibited Activity By accessing the NYC Site, you agree that you will not: A.        use the NYC Site to commit a criminal offense or to encourage others to engage in any conduct which would constitute a criminal offense; B.         use the NYC Site in a way to give rise to civil liability or encourage others to engage in any conduct which would give rise to civil liability; C.        use the NYC Site to impersonate other parties or entities; D.        use the NYC Site to upload any content that contains a software virus, "Trojan Horse" or any other computer code, files, or programs that may alter, damage, or interrupt the functionality of the NYC Site or the hardware or software of any other person who accesses the NYC Site; E.         upload, post, email, or otherwise transmit any materials that you do not have a right to transmit under any law or contractual relationship; F.         alter, damage, or delete any content posted on the NYC Site; G.        disrupt the NYC Site or its servers or networks in any way; or H.        claim a relationship with or represent any business, association, or other organization with which you are not authorized to claim such a relationship or to represent. Information in Posts The City may use information from your posts to the City Site to inform the City's response units about severe weather incidents.  The terms of how the City uses personal information you provide on the NYC Site can be found at the City of New York’s <a href="http://www.nyc.gov/privacy">Privacy Policy</a>. Intellectual Property A.        Service marks and trademarks contained in or displayed on the NYC Site, and the contents of linked sites operated by third parties, are the property of their respective owners (which may be the City).  All other design, information, text, graphics, images, pages, interfaces, links, software, and other items and materials contained in or displayed on the NYC Site, and the selection and arrangements thereof, are the property of the City of New York.  All rights are reserved. B.         The City respects the intellectual property of others and it asks its users to do the same.  If you believe that your work has been copied in a way on the NYC Site that constitutes copyright infringement via its display on, or other use by, the NYC Site, you may submit a notice pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the City’s Copyright Agent with the following information in writing: 1.         a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2.         identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; 3.         identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the City to locate the material; 4.         information reasonably sufficient to permit the City to contact you, such as an address, telephone number, and, if available, an email address; 5.         a statement that you (and, if applicable, the person or entity on whose behalf you are acting) have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 6.         a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. C.        The City’s designated Copyright Agent under the DMCA for the NYC Site is David Berman, who can be reached as follows: David Berman Information Technology Counsel City of New York Department of Information Technology and Telecommunications 75 Park Place, 9th Floor New York, NY 10007 By email:  <a href="mailto:dberman@doitt.nyc.gov">dberman@doitt.nyc.gov</a>. D.        You acknowledge that if you fail to comply with all of the above notice requirements, your DMCA notice may not be valid. E.         For clarity, only DMCA notices should go to the Copyright Agent.  Requests to use City intellectual property should be sent to the appropriate City entity. Links to Sites of Non-City Entities The NYC Site may contain links to other sites on the Internet that are operated by parties other than the City.  The City does not imply approval of the listed destinations, warrant the accuracy of any information set out in those destinations, or endorse any opinions expressed therein.  Like the NYC Site, all other websites operate under the auspices and at the direction of their respective owners who should be contacted directly with questions regarding the content of those sites. Disclaimers A.        THE NYC SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE QUALITY, CONTENT, ACCURACY, COMPLETENESS, CURRENCY, FREEDOM FROM INTERRUPTION, FREEDOM FROM COMPUTER VIRUS, FREEDOM FROM ERRORS OR OMISSIONS, NON-INFRINGEMENT OF CONTENT PLACED ON THE NYC SITE (WHETHER BY THE CITY OR A THIRD PARTY) INCLUDING ANY OF THE DESIGN, INFORMATION, TEXT, GRAPHICS, IMAGES, PAGES, INTERFACES, LINKS, SOFTWARE, OR OTHER MATERIALS AND ITEMS CONTAINED IN OR DISPLAYED ON THE NYC SITE. B.         THE CITY IS NOT RESPONSIBLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (REGARDLESS OF WHETHER THEY WERE FORESEEABLE) THAT MAY ARISE FROM THE USE OF, OR THE INABILITY TO USE, THE NYC SITE AND/OR THE MATERIALS CONTAINED ON THE NYC SITE WHETHER THE MATERIALS CONTAINED ON THE NYC SITE ARE PROVIDED BY THE CITY OR A THIRD PARTY. C.        ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE NYC SITE IS DONE AT YOUR OWN DISCRETION AND RISK.  YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. Miscellaneous Terms A.        You agree that if the City does not exercise or enforce any legal right or remedy which is contained in the Terms (or which the City otherwise has under applicable law), such omission will not be taken to be a formal waiver of the City’s rights and shall not be construed to be a modification of the Terms. B.         If any court of competent jurisdiction rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms.  The remaining provisions of the Terms will continue to be valid and enforceable. C.        The Terms, and your relationship with the City under the Terms, shall be governed by and construed in accordance with the Laws of the State of New York (notwithstanding New York choice-of-law rules).  You agree that any and all claims asserted by or against the City arising under or related to the Terms shall solely be heard and determined either in the courts of the United States located in the City or County of New York or in the courts of the State of New York located in the City and County of New York. D.        The City reserves the right to revise and otherwise change the Terms at any time and without notice. Any modification is effective immediately upon posting, unless otherwise stated. Your continued use of NYC.gov following the posting of any modification signifies your acceptance thereof.  You should periodically visit this page to review the current Terms and Conditions of Use. E.         The Terms and the City of New York’s <a href="http://www.nyc.gov/privacy">Privacy Policy</a> constitute the entire agreement between you and the City with respect to your use of the NYC Site and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the City with respect thereto.