Ownership of the Site and its Contents
The Site is owned by NEW YORK YIMBY, LLC (“YIMBY”). Unless otherwise indicated, all of the content featured or displayed on the Site, including, but not limited to, text, graphics, database records, photographic images, moving images, sound, illustrations, audio recordings, software, and the selection and arrangement thereof (“YIMBY Content”), is owned by YIMBY, its licensors, or its third-party partners. YIMBY Content includes all materials published on newyorkyimby.com, as well as, any materials created by YIMBY and acquired by any other means. All elements of the Site, including the YIMBY Content, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property.
Use of the Site
Except as otherwise provided herein, by accessing this Site, you are specifically prohibited from: (a) downloading, copying, republishing, or re-transmitting any or all of the Site or the YIMBY Content without, or in violation of, a written license or agreement with YIMBY; (b) using any data mining, robots or similar data gathering or extraction methods; (c) manipulating or otherwise displaying the Site or the YIMBY Content by using framing or similar navigational technology; (d) linking an image on newyorkyimby.com separate from its related article page; (e) registering, subscribing, unsubscribing, or attempting to register, subscribe, or unsubscribe any party for any YIMBY product or service if you are not expressly authorized by such party to do so; (f) reverse engineering, altering or modifying any part of the Site or the YIMBY Content; (g) circumventing, disabling or otherwise interfering with security-related features of the Site or any system resources, services or networks connected to or accessible through the Site; (h) selling, licensing, leasing, or in any way using in a manner intended to derive a competitive or commercial advantage, the Site or the YIMBY Content without specific written authorization from YIMBY; and (i) using the Site or the YIMBY Content other than for its intended purpose. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws, the laws of privacy and publicity, and applicable communications regulations and statutes. You represent and warrant that you will comply with all applicable laws and regulations, including, without limitation, those relating to the Internet, data, e-mail, privacy, and the transmission of technical data exported from the United States or the country in which you reside.
The editing and adaptation of the Site and the YIMBY Content in any format or medium is expressly prohibited, except as provided as below:
1) print or electronic republication by accredited news organizations in print or electronic news periodicals is permitted conditioned that appropriate attribution is given to the original YIMBY source page and a link to the Site is included upon republication;
a. The link must include the URL that appears when you view the source article on the Site;
b. Such attribution must be in-line with text and above the fold in any place YIMBY Content appears;
c. Such attribution must be clear and conspicuous, and not hidden within a footnote;
d. Permissible republication of YIMBY Content or YIMBY owned images in any derivative works may not be altered;
e. Visual watermarks on an image may not be altered by cropping or removing such watermarks;
f. You may summarize YIMBY Content and reproduce YIMBY headlines subject to the other conditions described herein;
g. Any use of YIMBY Content must include an appropriate copyright notice in YIMBY’s name;
h. The permission described herein does not extend to any articles, photographs or other content published on the Site which are credited to a source other than YIMBY;
i. YIMBY may terminate or revoke the permission described herein if you violate any of the terms or conditions described herein or otherwise at YIMBY’s absolute discretion.
2) Broadcast Television republication is permissible provided on-screen graphic attribution is included as follows –“Source: LA YIMBY / New York YIMBY”;
3) The following are examples of proper New York YIMBY attribution:
Sample Online Image / Photo / Illustration / Video / Audio Attribution
© LA YIMBY / New York YIMBY. “Name of Source Article Here” Used by permission.
Sample Online Text Attribution
As first reported by LA YIMBY / New York YIMBY, this building is being erected on the vacant lot.
Sample Broadcast Television Attribution
Source: LA YIMBY / New York YIMBY www.layimby.com
Copyright Infringement Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, YIMBY has adopted a policy of terminating, in appropriate circumstances and at YIMBY’s sole discretion, users who infringe the intellectual property rights of YIMBY.
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The site, including without limitation the embedded viewer and the YIMBY content, are provided “as is” and YIMBY and its directors, employees, content providers, agents and affiliates exclude, to the fullest extent permitted by applicable law, any warranty, express or implied, including, without limitation, any implied warranties of merchantability, satisfactory quality or fitness for a particular purpose. YIMBY will not be liable for any damages of any kind arising from the use of the site or the YIMBY content, or the unavailability of the same, including, but not limited to lost profits, and direct, indirect, incidental, punitive and consequential damages. The functions embodied on or in the materials of this site are not warranted to be uninterrupted or without error. You, not YIMBY, assume the entire cost of all necessary servicing, repair or correction due to your use of this site or the YIMBY content. We make no warranty that the site or the YIMBY content is free from infection by viruses or anything else that has contaminating or destructive properties. YIMBY uses reasonable efforts to ensure the accuracy, correctness and reliability of the YIMBY content, but we make no representations or warranties as to the YIMBY content’s accuracy, correctness or reliability.
YIMBY offers a search feature within the Site. YIMBY explicitly disclaims any responsibility for the content or availability of information contained in our search index or directory. YIMBY also disclaims any responsibility for the completeness or accuracy of any directory or search result.
Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
Limitation of Liability
IN NO EVENT SHALL YIMBY, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE YIMBY CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM YIMBY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO YIMBY RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF YIMBY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO YIMBY FOR ACCESS TO OR USE OF THE SITE.
Governing Law, Jurisdiction and Choice of Forum