Terms of Use - New York Music Month

The City of New York, through its Mayor’s Office of Media and Entertainment (“MOME”) welcomes you to the New York Music Month website (the “Site”). These terms of use (“Terms”) govern your access or use of the Site. These Terms were added on June 7, 2019.

PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS SITE. BY ACCESSING OR USING THE SITE, INCLUDING BUT NOT LIMITED TO ALL SUBPAGES, YOU AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO THESE TERMS.

I. YOUR USE OF THE SITE

A. The Site is intended for your own personal and noncommercial use. You agree to access and use the Site only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to your use of the Site. By accessing the Site, you agree that you will not:

use the Site to commit a criminal offense or encourage others to engage in any conduct that would constitute a criminal offense;
use the Site in a way to give rise to civil liability or encourage others to engage in conduct which would give rise to civil liability;
use the Site to impersonate other parties or entities;
use the 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 Site or the hardware or software of any other person who accesses the Site;
upload, post, email, or otherwise transmit any materials that you do not have a right to transmit under any law or contractual relationship;
alter, damage, or delete any content posted on the Site;
disrupt the Site or its servers or networks in any way; or
claim a relationship with or represent any business, association, or other organization with which you are not authorized to claim such a relationship or represent.

MOME reserves the right to suspend access to the Site if MOME has reason to believe that the access is being used for any of the prohibited purposes enumerated in Section I(A)(1-8) above or any applicable law. MOME shall provide notice of such suspension if you have provided MOME with an email or mail address when accessing the Site. (Notice shall be given to you at (one of) the address(es) provided.)

II. INFORMATION YOU PROVIDE

In order to use certain aspects of the Site, you may be required to provide information. You agree that any information that you give to MOME will always be accurate, correct and up to date. To learn how MOME may use such information, please visit our Privacy Policy page.

III. INTELLECTUAL PROPERTY

A. All content, design, information, text, graphics, images, pages, interfaces, links, software and other items and materials contained in or displayed on the Site, and the selection and arrangements thereof, are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights and are the property of their respective owners (which may be MOME). The copying, distribution, modification, unauthorized use or publication by you, directly or indirectly, of any such matters or any part of the website, except for the limited rights of use granted hereunder, is strictly prohibited.

B. Digital Millennium Copyright Act (“DMCA”) Notice/Takedown Request If you believe that your work has been copied in a way that constitutes copyright infringement via its display on, or other use by, the Site, you may submit a notice pursuant to the DMCA by providing the MOME’s DMCA Designated Agent (see Section IV(E) below) with the following information in writing:

a physical or electronic signature of a person authorized to act on behalf of the owner or an exclusive right that is allegedly infringed;
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;
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 MOME to locate the material;
information reasonably sufficient to permit MOME to contact you, such as an address, telephone number, and, if available, an email address;
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
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. DMCA Counter-Notice

You do not have the right to post material to the Site unless given such right by MOME. If MOME has given you permission to post material on the Site, and the specific material that you posted has been taken down pursuant to the DMCA, you may submit a counter-notice pursuant to the DMCA by providing the MOME’s DMCA Designated Agent (see Section IV (E) below) with the following information in writing:

your physical or electronic signature;
identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; and
a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
your name, address, and telephone number, and a statement that you consent to the jurisdiction of the United States federal district court for the judicial district in which your address is located, or if your address is outside of the United States, that you consent for any judicial district in which jurisdiction of New York City may be found, and that you will accept service of process from the person who provided notification under Section III(B) above or an agent of such person.

D. You acknowledge that if you fail to comply with all of the above requirements for a DMCA Notice/Counter-Notice (as applicable), your Notice/Counter-Notice may not be valid.

E. MOME’s Designated Agent under the DMCA for the Site is Dominic Mauro, who can be reached as follows:

Dominic Mauro
Records Access Counsel
City of New York
Office of Technology and Innovation
2 MetroTech Center, P1
Brooklyn, NY 11201

By email: [email protected]

For clarity, only DMCA notices should go to the Designated Agent. For all other inquiries, please visit our contact page.

IV. LINKS TO THIRD PARTY WEBSITES

The Site may contain links to other websites on the Internet or produce search results that reference or link to websites that are operated, controlled or owned by third parties (“Third-Party Site”). MOME does not imply approval of the listed destinations, warrant accuracy of any information set out in those destinations, or endorse any opinions expressed therein. All Third-Party Sites 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.

V. DISCLAIMERS

A. THE 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 SITE (WHETHER BY MOME 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 SITE.

B. MOME 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 SITE AND/OR MATERIALS CONTAINED ON THE SITE WHETHER THE MATERIALS CONTAINED ON THE SITE ARE PROVIDED BY MOME OR A THIRD PARTY.

C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE 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 SUCH MATERIAL.

VI. MISCELLANEOUS

A. Nothing contained in or displayed on the Site or in these Terms constitutes or is intended to constitute legal advice by MOME or any of its officers, employees, agents, attorneys, subcontractors or representatives.

B. You agree that if MOME does not exercise or enforce any legal right or remedy which is contained in these Terms (or which MOME otherwise has under applicable law), such omission will not be taken to be a formal waiver of MOME’s rights and shall not be construed to be a modification of these Terms.

C. If any court of competent jurisdiction rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of these Terms. The remaining provisions of these Terms will continue to be valid and enforceable.

D. These Terms, your relationship with MOME under these Terms, and the Privacy Policy shall be governed by and construed in accordance with the Laws of the State of New York (notwithstanding the New York choice-of-law rules). You agree that any and all claims asserted by or against MOME arising under or related to these 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.

MOME reserves the right to revise and otherwise change these Terms at any time and without notice. Any modification is effective immediately upon posting, unless otherwise stated. Your continued use of the Site following the posting of any modification signifies your acceptance thereof. You should periodically visit this page to review the current Terms.

These Terms, the Privacy Policy page, constitute the entire agreement between you and MOME with respect to your use of the Site and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and MOME with respect to the use of the Site.