TERMS OF SERVICE AND USE
Welcome to the Public Advocate’s Corner: a blog of NYC’s Public Advocate Betsy Gotbaum. Please familiarize yourself with the terms of service and use. We look forward to your participation and use of this Blog.
These terms of service and use (hereinafter “Terms of Service and Use”) govern all users (hereinafter “User(s)”) of the Office of the Public Advocate’s (hereinafter “OPA”) Blog (hereinafter “BLOG”). Users’ continual use of this BLOG indicates Users’ acceptance of these terms and that Users have reviewed and agreed to these Terms of Service and Use, which shall constitute a legally binding agreement by the User.
Those providing feedback or comment or otherwise contributing to this BLOG (hereinafter “Commenter(s)”) shall be governed by the separate provisions provided below.
If Users, including but not limited to Commenters, do not agree to these Terms of Service and Use and to abide by all applicable Federal, State and local laws related to the use of this BLOG, THEY SHOULD NOT USE the BLOG.
OPA reserves the right, consistent with applicable law, to deny access to the site to any person, organization or entity that violates these Terms of Service and Use and/or violates any applicable law. The OPA, the City of New York, or their public officers, employees, agents, or their content providers (collectively “City Operators”) shall not be liable for denying access to this site for such violations.
Information contained on this BLOG is not meant to serve as legal advice or to be relied on for such purposes. If Users need specific help or assistance related to New York City services or government, please contact the OPA Ombudsman Services Unit, at (212) 669-7250 or ombudsman@pubadvocate.nyc.gov. Note, the Ombudsman Services Unit responds to concerns on behalf of constituents. By addressing constituents’ concerns, it does not thereby represent such constituents, nor does it render legal advice.
Access to the BLOG: The OPA does not provide Users with equipment or technology to access the BLOG. Users are responsible for equipment and any fees incurred by third parties to access the internet and this BLOG. The OPA will upon request, through its Ombudsman Services Unit provide a list of free internet access points located in New York City, including, but not limited to public libraries, and areas within New York City, that may provide free wireless access. The Ombudsman Services Unit may be contacted at (212) 669-7250 or ombudsman@pubadvocate.nyc.gov.
Posting Rules for User Provided Content: By submitting material to this BLOG or the OPA for use on the BLOG (hereinafter "User Provided Content"), Commenters represent and warrant that: (1) all comments or information submitted for posting on the BLOG shall be related and topical to the subject matter presented; and (2) they own or otherwise have all necessary rights to the User Provided Content that they provide.
Rules for posting User Provided Content (hereinafter “Posting Rules”) by Commenters shall be solely governed by these Terms of Service and Use and any applicable law. Commenters are encouraged to submit comments, ideas and information, in designated locations.
All decisions as to whether User Provided Content submitted to the BLOG violates Posting Rules shall be made by the OPA and/or its designees at its sole discretion (based on objective standards established by these Terms of Service and Use).
The OPA has initiated the “Public Advocate’s Corner” as a BLOG to provide another avenue to information about New York City governmental issues. The OPA encourages readers to become civically engaged by reading this site, and using it as an educational resource. The OPA asks that Users respect other BLOG participants and their comments. The OPA encourages readers, pursuant to other conditions of these Terms of Service and Use, to comment and provide their own relevant opinions, thoughts, suggestions and ideas to the subject matter discussed in our BLOG. The OPA encourages fair and open dialogue for the public.
Since the Public Advocate’s Corner is a limited public forum, specifically designated for particular purposes, it is governed by policies and procedures to ensure the discussion is civil and allows a diversity of opinion. The OPA respects the rights of Commenters to have their comments presented, and submissions shall not be restricted based on viewpoints. The submissions however must be on the topic or subject matter that is specifically open for comments and/or discussions.
Further, this BLOG as a limited public forum, requires that the following general policies be followed by Commenters: User Provider Content shall not be posted that contains profanity or contains certain content, such as, but not limited to content that promotes actual violence or harm, fighting words, terrorist threats, criminal or severe harassment, defamation, obscenity, or any other language or speech that violates federal, state or local law. Submissions that otherwise may be constitutionally withheld also may not be posted.
Additionally, User Provided Content shall not include:
• Campaign material related to candidates or materials that otherwise are in violation of Federal, State or local laws related to the use of public funds.
• Materials containing personal privacy information (such as personal phone numbers and addresses) or other information that can be used to identify or locate individuals. Email addresses may or may not be requested by the OPA as a prerequisite of posting User Provided Content. If such material is part of a submission, it will be removed prior to public posting.
• Information containing copyrighted, trademarked or other material protected by intellectual property rights of any kind without the express permission of the owner of that material.
• Information that is for commercial purposes, including advertisements, spamming, promotions or offers to trade any goods or services, or content that is, or links to, contests, pyramid schemes, or chain letters.
By agreeing to be a Commenter, you agree that you are eighteen (18) years old or older [or the age of legal majority in your jurisdiction] and have the capacity to enter into a legally binding agreement, or if you are not eighteen (18) years or older [or the age of legal majority in your jurisdiction] you have received permission from your parent or legal guardian, and that such parent or legal guardian has read and agreed to these Terms of Service and Use, and they are eighteen (18) years old [or the age of legal majority in their jurisdiction] and have the capacity to enter into an agreement and consent to your participation as a Commenter. Children should not provide any personal privacy information (See section below).
User Conduct: All Users should not:
• Upload or transmits (or attempt to upload or transmit) viruses or other harmful, disruptive or destructive files, material or code.
• Disrupt interfere with, or otherwise harm or violate the security of City Operators or any third party contracted with to provide services, servers or networks thereof.
• Take actions (or attempt to take action) to render the site inaccessible to others or otherwise cause damage to the site or the content.
• Add to, subtract from, or otherwise modify the content, or to attempt to access any content that is not intended for User.
Users shall not (or attempt to) falsely impersonate any person, utilize a name other than their own legal name in association with the submission of any communications with the OPA or in User Provided Content (except however, the OPA, may at its discretion, permit Commenters to post anonymously, or under a nickname or username). Further, Users (in communications with the OPA, or in User Provided Content as Commenters) shall not (or attempt to) falsely impersonate, state or otherwise misrepresent their affiliation with a person, business, governmental office, not for profit or other entity.
If Commenters, when providing User Provided Content, use a username that violates the conditions of these Terms of Service and Use, including but not limited to being threatening, profane or obscene, the OPA reserves the right, without prior notice to Commenter, to modify the Commenter’s username, and/or refuse to post the material.
If requested by the OPA, or otherwise voluntarily provided, Users shall not employ misleading or false email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted to the BLOG.
If Users believe someone has provided content or accessed this BLOG using a false name, identification, nickname or username or other identifying information without permission, Users should immediately email us at blog@pubadvocate.nyc.gov .
Any violation of the law as it relates to User’s violation of these Terms of Service and Use may be referred to law enforcement authorities. The rights and remedies of City Operators provided herein shall not be exclusive and are in addition to any other rights and remedies provided by law.
Review of User Provided Content and Refusal of Posting: This is a moderated BLOG. Users understand, acknowledge and agree that the OPA and/or its designees shall review and/or pre-screen User Provided Content, and shall have the right to move, remove, block, edit, or refuse any User Provided Content for any lawful reason, at any time, in whole or in part, including without limitation, that such User Provided Content violates these Terms of Service and Use.
The OPA and/or its designees shall not be responsible or obligated to notify any Commenter or any other party, if the decision, consistent with this Terms of Service and Use, is to move, remove, block, edit, or refuse any User Provided Content.
The OPA and/or its designees shall review and screen User Provided Content to the extent practical, in the order as received on email servers of the OPA. The OPA and/or its designees shall not be responsible for electronic communication problems, delays of emails or other issues related to the submission of User Provided Content. Comments submitted for posting may take some time to appear.
Note, any comments submitted before or after normal New York City office hours (Monday–Friday 9 a.m. - 5 p.m. E.S.T.) or on weekends, or during official New York City holidays, may be posted the next business day.
Language Access: The OPA seeks to have this BLOG used by the most diverse population possible. While this BLOG is currently not offered in languages other than English, if Commenters wish to submit comments in a language other than English, Commenters may do so subject to the resources available to the OPA to translate such submissions. The version placed online of any submissions (if translation services are available, and all other conditions of this Terms of Service and Use are met) however will be English. Any such translation may require additional time prior to posting. While it is the Policy of the OPA to make every effort to ensure the accuracy of any translations, no such representation or warrantees are provided.
Right to Appeal Decisions and Determinations of Posting: The OPA believes in the right to have people’s diverse opinions heard. Consistent with the Terms of Service and Use, submitted User Provided Content will be posted. However, materials that violate the Terms of Service and Use will not be posted. If a Commenter believes that his or her submitted User Provided Content has not been posted and in good faith believes that such User Provided Content is not prohibited by the Terms of Service and Use or applicable law, then such Commenter shall immediately (but no later than 48 hours of submission) notify the OPA, and if after such notification the User Provided Content is not posted in whole or in part, the Commenter shall have the right to appeal such decision, in writing. Such Commenter shall contact:
Press Department
Office of the Public Advocate
1 Centre Street -15th floor
New York, NY 10007
(212) 669-7200
blog@pubadvocate.nyc.gov
User Provided Content Grant and License: All Commenters, by posting or submitting User Provided Content, automatically provide the OPA, a non-exclusive, worldwide, royalty-free, perpetual, irrevocable right and license to use User Provided Content in connection with the OPA’s governmental, non-commercial purposes, including the license rights to copy, use, distribute, transmit, publicly display, publish, reproduce, modify, adapt, archive, store, edit, translate, and reformat Commenter’s content, and/or incorporate it into a collective work, in any form, format, or medium, of any kind now known or later developed. All rights in this paragraph are granted without additional compensation of any sort to any User or any other third party.
Privacy of Information: The OPA respects the privacy rights of Users of the internet. The OPA does not collect personally identifiable information for Users (for example name, address, or phone number) unless Users voluntarily submit such information either by mail, telephone, fax or electronically. The OPA may collect and store certain information from visitors of the BLOG, including but not limited to a visitor’s IP address, browser software and operating system, the date and time of access and the Internet address of the Website from which the BLOG was linked. The OPA shall not sell any information to third parties or use such information for commercial purposes.
Users of this BLOG acknowledge, consent and agree that City Operators preserve and disclose any information that it may retain, if required to do so by law, or in good faith belief that preservation and/or disclosure is reasonably necessary for the following purposes: (1) to comply with any legal process, such as a court orders, search warrants, or subpoena; (2) to enforce the terms of this Terms of Service and Use; (3) to protect the rights or property of City Operators; or (4) for any reason consistent with Federal, State or local law. Users further acknowledge that the OPA is subject to the New York State Freedom of Information Law [“FOIL”] (Public Officers Law Article 6), and information contained in records, as maintained by the OPA, maybe required to be disclosed upon request, subject to specific exceptions to protect personal privacy and for other statutory grounds.
Children and Privacy: Children are not eligible to use services that require submission of personal information, and the OPA require that minors (under the age of 18) do not submit any personal information to us. The OPA does not knowingly collect personal information from children through this BLOG. Users are cautioned, however, that the collection of personal information submitted in an interactive application or email will be treated as though it was submitted by an adult, and may, unless exempted from access by Federal, State or local law, be subject to public access. If you are a minor, you can use these specific services only if used together with your parents or legal guardians. See section above. If you are a minor, you should seek guidance from your parents or legal guardians. The OPA fully encourages participation of everyone and invites parents and legal guardians to post comments for/with their children.
If you are a child who needs assistance, call the Ombudsman Services Unit at (212) 669-7250 during business hours, or call 911 if in an emergency.
Copyrighted Content: The www.publicadvocatescorner.com website and domain name; the name “Public Advocate’s Corner”; and all content of such BLOG (except as otherwise provided herein as User Provided Content) is owned and operated by the OPA. An additional exception shall apply, in cases where guest Bloggers (“Guest Blogging Content”) are provided an opportunity by the OPA to provide content. All content and information displayed on, transmitted through or used in connection with the BLOG, with the exception of User Provided Content, or such Guest Blogging content, is owned by the OPA.
It is permitted for Users to use the content solely for non-commercial use. No other use is permitted without prior written permission of the OPA. The permitted use described in this paragraph is contingent on User’s compliance at all times with these Terms of Service and Use.
Guest Blogging Content: At the sole discretion of the OPA, individuals, organizations or entities may be invited to provide guest columns, blogs, opinions or ideas which maybe featured on this BLOG. By agreeing to provide any such Guest Blogging Content, the author or owner of such content shall, unless explicitly otherwise agreed to in writing by the OPA, automatically provides the OPA, a non-exclusive, worldwide, royalty-free, perpetual, irrevocable right and license to use such Guest Blogging Content in connection with the OPA’s governmental, non-commercial purposes, including the license rights to copy, use, distribute, transmit, publicly display, publicly perform, publish, reproduce, modify, adapt, archive, store, edit, translate, and reformat such content, and/or incorporate it into a collective work, in any form, format, or medium, of any kind now known or later developed. All rights in this paragraph are, unless otherwise agreed to in writing by the OPA, granted without additional compensation of any sort to any author or owner of Guest Blogging Content.
Infringement of Intellectual Property: The OPA respects the intellectual property of creators and owners, and we ask that Commenters when submitting User Provided Content similarly respect such rights. Please post Commenter’s own thoughts and ideas unless Commenter has prior authorization or is legally permitted to post such information with attribution, and/or pursuant to fair use. It is the policy of the OPA, in appropriate circumstances, to remove User Provided Content that is deemed to be infringing. If anyone has 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, please provide the OPA with the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the material that is claimed to be infringing including information regarding the location on the BLOG of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that the OPA is capable of finding and verifying its existence (ex. URL);
4. Contact information about the notifier including address, telephone number and, if available, email address;
5. A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Submit such information to the agent of the OPA:
General Counsel
Office of the Public Advocate
1 Centre Street -15th Floor
New York, NY 10007
(212) 669-7200
blog@publicadvocate.nyc.gov
Assumption of Risk: City Operators cannot guarantee the accuracy, integrity, or quality of all User Provided Content, or other information provided on this BLOG. User Provided Content submitted to this BLOG is the sole responsibility of the Commenter who provided it. Users assume all risks associated with reliance on such information.
No Endorsement of Links and Linking Policy: This site may contain links to other third-party websites, blogs, email addresses, or other content or services (collectively “Websites”) that are consistent with the purpose of the site, providing information about city services, issues and governmental topics. Those links to Websites, if any, are provided as resources that may be of interest to Users. There is a limited available space on this BLOG site for links, and decisions to add or delete links will be made based on such available space, based on the purpose of this site. Users acknowledge that City Operators have not and cannot monitor or review all material made available on Websites linked to it on its BLOG. User further acknowledges that any such linking, does not imply in any way that the City Operators endorse, control, are responsible for any changes, or are affiliated or liable for any third-party Website’s content or actions. When Users access third-party Websites, Users do so at their own risk. Users are subject to the lawful terms and conditions, and privacy policies if any, that each linked site has posted. Users agree that City Operators have no liability and are not responsible for any content on, or any injury or harm caused from, any third-party links or Websites. The OPA, at its sole discretion, has the right, but not obligation, for any reason and at any time, to remove or block links from or to the BLOG through legal, technological or other means, without prior notice.
General Disclaimer and Limitation of Liability: WHILE IT IS THE POLICY OF CITY OPERATORS TO USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION, CITY OPERATORS MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OF THE BLOG CONTENT AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERROR OR OMISSION IN THE BLOG CONTENT. CITY OPERATORS HAVE NO RESPONSIBILITY FOR ACTIONS OF THIRD PARTIES OR FOR USER PROVIDED CONTENT.
USE OF THE BLOG, OR RELIANCE ON INFORMATION OR CONTENT POSTED BY THE CITY OPERATORS, GUEST BLOGGING CONTENT, AND THAT OF ALL USER PROVIDER CONTENT, TO THE FULL EXTENT PERMISSIBLE BY LAW, IS AT USER’S OWN RISK. THE WEBSITE, BLOG AND CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. NEITHER CITY OPERATORS, NOR OTHER THIRD PARTIES MAKES ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE WEBSITE, BLOG AND/OR CONTENT. ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THAT THE WEBSITE, BLOG AND/OR OR CONTENT WILL MEET USER’S REQUIREMENTS, BE COMPLETE, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, ARE SPECIFICALLY DISCLAIMED. CITY OPERATORS ARE NOT RESPONSIBLE OR LIABLE FOR CONTENT POSTED BY COMMENTERS, THIRD PARTIES, ACTIONS OF ANY THIRD PARTY, OR FOR ANY DAMAGE TO, OR VIRUS THAT MAY INFECT, USER’S COMPUTER EQUIPMENT OR OTHER PROPERTY.
THE BLOG MAY CONTAIN COMMENTS, INFORMATION, ADVICE, FACTS, VIEWS, OPINIONS, STATEMENTS, RECOMMENDATIONS OR OTHER CONTENT OF COMMENTERS, AND/OR OTHER THIRD PARTIES, AND CITY OPERATORS DO NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTNESS OR RELIABILITY OF ANY COMMENTS, INFORMATION, ADVICE, FACTS, VIEWS, OPINIONS, STATEMENTS, RECOMMENDATIONS OR OTHER CONTENT MADE ON SUCH BLOG. ANY RELIANCE ON SUCH COMMENTS, INFORMATION, ADVICE, FACTS, VIEWS, OPINIONS, STATEMENTS, RECOMMENDATIONS OR OTHER CONTENT OF COMMENTER’S AND/OR OTHER THIRD PARTIES, IS AT USER’S OWN SOLE RISK. IT IS USER’S SOLE RESPONSIBILITY TO FULLY EVALUATE THE COMMENTS, INFORMATION, ADVICE, FACTS, VIEWS, OPINIONS, STATEMENTS, RECOMMENDATIONS OR OTHER CONTENT PROVIDED ON THIS BLOG.
CITY OPERATORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO ALTERATION OF USERS’ SUBMISSIONS, TRANSMISSIONS OR DATA, THE CONTENT, OR ANY ERRORS OR OMISSIONS IN THE CONTENT OR OTHER ASPECTS OF THE BLOG AND/OR WEBSITE.
Indemnification: By utilizing the BLOG, Users agree to indemnify, defend and hold harmless City Operators from any and all claims (including but not limited to claims for defamation, trade disparagement, privacy and intellectual property infringement) and damages (including attorneys' fees and court costs) arising from or relating to any allegation regarding: (1) User’s utilization of this BLOG; (2) OPA’s use of any User Provided Content or information Commenters provide, as long as such use is not inconsistent with this Terms of Service and Use; and (3) any violation of this Terms of Service and Use by Users, including but not limited to Commenters.
Change of Terms: The OPA reserves the right, in its sole discretion, to change, modify or revise these Terms of Service and Use at any time, and to notify Users and the Public of any such changes solely by changing these Terms of Service and Use. User’s continued use of the BLOG after the posting of any amended Terms of Service and Use shall constitute User’s assent and agreement to be bound by any such changes. Users should review these Terms of Service and Use to note any changes to the terms, whenever they use this site.
Suspension: The OPA may, at its sole discretion, consistent with the law, modify, suspend, discontinue or restrict, temporarily or permanently, all or part of the BLOG without notice or liability.
No Waiver: Any failure of City Operators to enforce or exercise any provision of this Terms of Service and Use or related right shall not constitute a waiver of that right or provision.
Choice of Law: These Terms of Service and Use shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflicts of law provisions. All claims asserted by or against City Operators arising under these Terms of Service and Use or related thereto shall be heard and determined either in the courts of the United States located in New York City ("Federal Courts") or in the courts of the State of New York ("New York State Courts") located in the City and County of New York.
Severability: If for any reason any provision of this Terms of Service and Use is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable, except that such provision shall be enforced to the maximum extent permissible, and the remainder of these Terms of Service and Use shall continue in full force and effect.
Section Titles: The section titles and paragraph headings used in this Terms of Service and Use are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope or intent of these Terms of Service and Use and carry with them no legal or contractual effect.
Questions: Contact the OPA at blog@pubadvocate.nyc.gov or (212) 669-4813.
