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Terms of Service

Thank you for your interest in Digital.NYC. Please review the following Terms of Service, which will govern your use of the Digital.NYC website and services.

By using or viewing content on Digital.NYC, You agree to the terms and conditions ('Terms of Service') contained in this document ('Agreement') as well as to the terms of the Digital.NYC Privacy Policy. You agree to accept these Terms of Service electronically. If You do not want to be bound by the Terms of Service, You may not make use of Digital.NYC or view or access content on the site.

Definitions

“Content” means all information and content available on Digital.NYC (if uploaded by the Covered Parties, “Digital.NYC Content,” and if uploaded by a User, “User Content”) and its “look and feel,” except all User submissions, including but not limited to trademarks, logos, service marks, copyrighted works, text, graphics, logos, button icons, images, audio/video clips, data compilations and software, and the compilation and organization thereof.

"Gust" means Gust, Inc., a Delaware corporation with offices at 44 West 28th Street, New York, NY 10001.

“NYCEDC” means New York City Economic Development Corporation, 110 William Street, New York, NY 10038.

“NYC” means the City of New York, 100 Church Street, New York, NY 10007.

“IBM” means IBM Corporation, 1 New Orchard Road, Armonk, NY 10504-1722.

“Covered Parties” refers collectively to Gust, NYCEDC, NYC, and IBM.

“Digital.NYC” refers to the online hub of the New York digital and technology ecosystem and all content thereon, as well as any additional services provided.

“User” or “You” shall mean any user or person who interacts with or views content that resides on Digital.NYC or User Content via the Digital.NYC website or other Digital.NYC services.

“Third Party” shall mean any content provider whose blogs, twitter feeds, news articles, job profiles, startup profiles, event information, incubator profiles, accelerator profiles, workspace profiles, videos, images, resources or other content appear on Digital.NYC.

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Description of Digital.NYC

Digital.NYC provides resources, tools and Third Party content to entrepreneurs, investors, institutions and others seeking information about the New York City digital, technology and startup industries and community. Digital.NYC does not review or verify any User or Third Party content, and does not and cannot guarantee that any content is accurate or complete.

In order to use Digital.NYC, You must use one of the supported Internet browsers. The Covered Parties do not provide Internet access, and You are responsible for all fees associated with Your Internet connection.

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User Submissions

If You choose to submit information for possible display on the Digital.NYC web site (“User Content”), You may submit information about Your business, job offerings, workspace, incubator, accelerator or other information as noted throughout the web site. In the process of submitting information to Digital.NYC or interacting with the site in any way, You may not use a false email address, impersonate any person or entity, or otherwise mislead the Covered Parties as to the origin of any Submission.  You agree to indemnify the Covered Parties for all claims arising from or in connection with any claims to any rights in any Submission or any damages arising from any Submission.

User shall be solely responsible for User’s own User Content and the consequences of posting or publishing it. In connection with User Content, User affirms, represents, and/or warrants that: (i) User owns or has the necessary licenses, rights, consents, and permissions to use and authorize the Covered Parties to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the manner contemplated by Digital.NYC and these Terms of Service; and (ii) User has the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Content in the manner contemplated by Digital.NYC and these Terms of Service.

By submitting the User Content to Digital.NYC, User hereby grants the Covered Parties a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with Digital.NYC and the Covered Parties’ (and their successors’) respective businesses, including without limitation for promoting and redistributing part or all of Digital.NYC (and derivative works thereof) in any media formats and through any media channels.

User agrees that User will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless User is the owner of such rights or have permission from their rightful owner to post the material and to grant the Covered Parties all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage the Covered Parties or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person.

Though we take all reasonable steps in accordance with industry standards to prevent it, we cannot guarantee that Digital.NYC will never suffer from a software bug or a hacker attack that will allow unauthorized viewing of unpublished material.

The Covered Parties shall have no obligation to participate or assist in any way in the event of any dispute between Users.

Notwithstanding the above or anything to the contrary set forth in the Terms of Service, Gust shall have the absolute and unlimited right, in its sole discretion, to reject any User Content, to delete any User Content, or to publish any User Content that is not confidential, including for the purposes of marketing Digital.NYC.

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User Content

The Covered Parties do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and expressly disclaim any and all liability in connection with User Content.  The Covered Parties do not knowingly permit infringement of intellectual property rights on Digital.NYC, and Gust will remove any User Content if properly notified that such User Content infringes on another’s intellectual property rights.  Gust reserves the right to remove User Content without prior notice. Gust also reserves the right to decide whether User Content is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length.  Gust may remove such User Content deemed to be in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

If You are a copyright owner or an agent thereof and believe that any User Content or other Content infringes upon your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • 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 service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail;
  • A statement that You 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
  • 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.

The Company’s designated Copyright Agent to receive notifications of claimed infringement is: Randy M. Friedberg, Esq., White and Williams LLP, One Penn Plaza, 41st Floor, New York, New York, 10119; email: friedbergr@whiteandwilliams.com.  Only DMCA notices should go to the Copyright Agent. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.  Gust suggests that You consult your legal advisor before filing a notice. Please be aware that there are penalties for false claims under the DMCA. Any other feedback, comments, requests for technical support, and other communications should be directed to Digital.NYC customer service through support@digital.nyc. You acknowledge that if You fail to comply with all of the requirements of this Section, Your DMCA notice may not be valid.

You understand that when using Digital.NYC, You may be exposed to User Content from a variety of sources, and that the Covered Parties are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content.  You further understand and acknowledge that You may be exposed to User Content items that are inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against the Covered Parties with respect thereto, and agree to indemnify and hold the Covered Parties, their owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of Digital.NYC.

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License to Use

Subject to the terms of these Terms of Service, which constitute the agreement between the Covered Parties and You, the User, Gust grants to You a non-exclusive, revocable, non-transferable license to use the Digital.NYC web site. All right, title, and interest in and to the Digital.NYC web site (excluding User Content) is and will remain the exclusive property of Gust and and/or its licensors.

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Limitations on Use

In order to best serve our Users, and to comply with applicable laws, Gust has a limited number of rules that govern how You may behave while interacting with Digital.NYC. Please review the rules below carefully, since your violation of them may result in the deletion of Your submitted content or profile at Gust’s sole discretion at any time and without prior notice.

Data Accuracy

We ask that any registration data You submit to Digital.NYC is true, current and complete. In the event any of this information changes, please contact support@digital.nyc with your updates, and/or update your information through such other means as may be indicated on Digital.NYC or in communications You may receive from Digital.NYC or Gust.

Compliance with Applicable Laws

You agree to use Digital.NYC only as provided for in these Terms of Service. You also agree not to use Digital.NYC in any way that is in conflict with the law in your jurisdiction.  Further, You may not use Digital.NYC for the transmission of any information that is obscene, libelous, harassing, abusive, threatening, invasive of a User's privacy, or in violation of any other individual's intellectual property rights.

Privacy

By using or viewing information on Digital.NYC You understand and acknowledge that the information on Digital.NYC is NOT “public data” or “City Agency data” subject to New York City’s Open Data policy. Digital.NYC is a privately funded and managed web site, aggregating and displaying commercially generated information that may be subject to licensing, copyright and other restrictions. You therefore agree not to collect or aggregate information accessible through Digital.NYC for any commercial use or redistribution whatsoever, including the targeted marketing of services to individual Users or the resale or redistribution of any compiled information. Notwithstanding the foregoing, at any time and from time to time, Gust may in its sole discretion elect to make available programmatic access to selected content from Digital.NYC. In such case(s), access to any such content shall be subject to any conditions, limitations and/or agreements included with such content

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Prohibited Activities

In general, as a condition to your use of Digital.NYC, You agree that You will not use Digital.NYC for any purpose that is unlawful or prohibited by these Terms of Service. You shall act always in accordance with the law, custom and in good faith.

By way of example, and not limitation, You agree not to:

  • Post, transmit, or otherwise make available through or in connection with your use of Digital.NYC:
    • Any information or materials that are or may be, or the posting, transmission or use of which is or may be: (a) threatening, harassing, degrading, hateful or intimidating; (b) defamatory or libelous; (c) fraudulent or tortious; (d) obscene, indecent, pornographic or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right of any third party.
    • Any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking.”
    • Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or that may or is intended to damage, hijack, disable, interfere with, or disrupt the operation of, or monitor the use of, any hardware, software or equipment.
    • Any unsolicited or unauthorized advertisements, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme” or investment opportunity, or any other form of solicitation that is not expressly approved in writing by Gust in advance.
    • Any personally identifiable information of another individual, without the prior consent of such individual.
    • Any material, non-public information about a company, without the proper authorization to do so.
  • Use Digital.NYC for any fraudulent or unlawful purpose.
  • Interfere with or disrupt the operation of Digital.NYC or the servers or networks used to make Digital.NYC available; or violate any requirements, procedures, policies or regulations of such networks.
  • Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to, any content on or of Digital.NYC
  • Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of Digital.NYC.
  • Remove any copyright, trademark or other proprietary rights notice from Digital.NYC or materials originating from Digital.NYC.
  • Frame or mirror any part of Digital.NYC.
  • Create a database by downloading and storing Digital.NYC content.
  • Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” or “data mine” Digital.NYC or reproduce or circumvent the navigational structure or presentation of Digital.NYC without Gust’s express prior written consent.

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Intellectual Property

All information and Content available on Digital.NYC and its “look and feel,” except all User Content (as defined herein), including but not limited to trademarks, logos, service marks, copyrighted works, text, graphics, logos, button icons, images, audio/video clips, data compilations and software, and the compilation and organization thereof is the property of Gust, its affiliates, partners or licensors, or is used with consent of the owner, and is protected by United States and international laws, including laws governing copyrights and trademarks.  The reproduction and use of any of these by You is prohibited unless specific permission is provided on Digital.NYC, in writing by Gust, or otherwise.  Any unauthorized use may violate copyright laws, trademark laws, privacy and publicity laws, and/or communications regulations and statutes of the United States and foreign laws and international conventions.

The trademarks, service marks, logos, and other indicia, including those of the Covered Parties (collectively the “Trademarks”) which appear on Digital.NYC are registered and/or unregistered trademarks of the Covered Parties and others. Nothing contained on Digital.NYC should be construed as granting, by implication or otherwise, any right, license or title to any of the Trademarks without the advance written permission of the Covered Parties or such third party as may be appropriate.  All rights are expressly reserved and retained by the Covered Parties.  Your misuse of any of the Trademarks displayed on Digital.NYC or any other Content on Digital.NYC, except as provided in these Terms Of Service, is strictly prohibited.  You are also advised that the Covered Parties consider their intellectual property to be among their most valuable assets, and will aggressively enforce their intellectual property rights to the fullest extent of the law.

Both Digital.NYC and the Content made available at, on or through Digital.NYC are provided “AS IS” for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.  The Covered Parties reserve all rights not expressly granted in and to Digital.NYC and the Content.  User agrees to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User submissions of third parties obtained through Digital.NYC for any commercial purposes.  If User downloads or prints Content for personal use, User must retain all copyright and other proprietary notices contained therein.  User agrees not to circumvent, disable or otherwise interfere with security related features of Digital.NYC or features that prevent or restrict use or copying of any Content or enforce limitations on use of Digital.NYC or the Content thereon.  The Covered Parties do not make any representations or warranties, whether express or implied, regarding or relating to the Digital.NYC or any associated hardware or software, including the Content or operations of either.

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General

Disclaimers

NONE OF THE COVERED PARTIES, THEIR AFFILIATES, THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (SEPARATELY AND COLLECTIVELY, THE ‘COVERED PARTIES’) MAKES ANY WARRANTIES OR REPRESENTATIONS ABOUT DIGITAL.NYC OR ITS CONTENTS, INCLUDING BUT NOT LIMITED TO THEIR ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS, OR RELIABILITY.  NONE OF THE COVERED PARTIES SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION MADE AVAILABLE ON OR THROUGH DIGITAL.NYC OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE DIGITAL.NYC SOLELY AT YOUR OWN RISK.

THE COVERED PARTIES DO NOT AGREE TO ANY OBLIGATIONS OF CONFIDENTIALITY, NONDISCLOSURE OR NONUSE, EXCEPT AS EXPLICITLY PROVIDED FOR IN THE DIGITAL.NYC PRIVACY POLICY.

N NO EVENT SHALL ANY COVERED PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM EITHER A PERSON OR ENTITY'S USE OR INABILITY TO USE DIGITAL.NYC, OR THE SUBMISSION OF ANY MATERIALS VIA DIGITAL.NYC, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to You. IN SUCH STATES, THE LIABILITY OF THE COVERED PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnification

At the request of the Covered Parties, You agree to defend, indemnify and hold harmless the Covered Parties, their shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, licensees, distributors and content providers from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from or related, directly or indirectly, to any misuse of Digital.NYC or breach of this Agreement by You.

Termination

Gust reserves the right to suspend or terminate these Terms of Service at any time and without notice in its sole discretion.

Entire Agreement/Severability

These Terms of Service, together with the Privacy Notice and any other legal notices published by the Covered Parties on Digital.NYC shall constitute the entire agreement between You and the Covered Parties concerning Digital.NYC.  If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and any of the Covered Parties’ failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

Arbitration

You agree that: (i) the Digital.NYC web site shall be deemed solely based in New York, New York; and (ii) Digital.NYC shall be deemed a passive website that does not give rise to personal jurisdiction over the Covered Parties, either specific or general, in jurisdictions other than New York.  These Terms of Service shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. All disputes arising out of or relating to this Agreement shall be finally resolved by arbitration conducted in New York, NY under the rules of commercial arbitration of the American Arbitration Association.  Both parties shall bear equally the cost of arbitration (exclusive of legal fees and expenses).  All decisions of the arbitrator(s) shall be final and binding on both parties and enforceable in any court of competent jurisdiction.

Modifications to the Terms of Service

The Covered Parties may change these Terms of Service at any time and at their sole discretion. The modified Terms of Service will be effective immediately upon posting and You agree to the new posted Terms of Service by continuing your use of Digital.NYC. The Covered Parties will provide at least 10-days' notice before any material changes take effect. If You do not agree with the modified Terms of Service, your only remedy is to discontinue using Digital.NYC.

USER ACKNOWLEDGES THAT USER HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. USER FURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN USER AND THE COVERED PARTIES WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, WRITTEN OR ORAL, AND ANY OTHER COMMUNICATION BETWEEN USER AND THE COVERED PARTIES RELATING TO THE SUBJECT MATTER OF THIS TERMS OF SERVICE.

Should You have any questions concerning these Terms Of Service, please email support@digital.nyc