A. Association Websites
2. Copyrighted Work. Websites with domain names ending with “aabany.org” (collectively, the “Site”), such as www.aabany.org, are copyrighted works belonging to the Asian American Bar Association of New York (“AABANY” or “the Association”), a not-for-profit membership association incorporated in the State of New York, United States of America.
1. Account Creation. To use the Site fully and to become a member of AABANY, you may establish an account on the Site and provide information about yourself (an “Account”). You represent that all required registration information you submit is truthful, up-to-date and accurate and that you shall maintain the accuracy of such information. You may delete your Account at any time by following the instructions on the Site. If your membership with the Association is suspended or terminated, your Account may be suspended or terminated as well.
2. Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to notify the Association immediately of any unauthorized use, or suspected unauthorized use of your Account. The Association cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
C. Access to the Site
1. Grant of License. Subject to these Terms. AABANY grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, noncommercial use.
2. Certain Restrictions. The rights granted to you by these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof.
AABANY reserves the right to change, suspend, or cease the Site with or without notice to you. You approve that AABANY will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.
3. No Support or Maintenance. You agree that AABANY will have no obligation to provide you with any support in connection with the Site.
4. Intellectual Property Rights. Excluding any content that you may provide (“User Content”), you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by AABANY or AABANY’s suppliers. Note that these Terms and access to the Site do not give you any rights, title or interest in or to any intellectual property rights. AABANY and its suppliers reserve all rights not granted in these Terms.
D. Acceptable Use Policy
The following terms constitute our “Acceptable Use Policy”:
You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site, whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to the Site.
We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities.
If you provide AABANY with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to AABANY all rights in such Feedback and agree that AABANY shall have the right to use and fully exploit such Feedback and related information in any manner it believes appropriate. AABANY will treat any Feedback you provide to AABANY as non-confidential and non-proprietary.
You agree to indemnify and hold AABANY and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. AABANY reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of AABANY. AABANY will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
E. Third Parties and Other Users
1. Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third parties (“Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of AABANY, and AABANY is not responsible for any Third-Party Links & Ads. AABANY provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
2. Other Users. Each Site user is solely responsible for any and all of his or her own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that AABANY will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
You hereby release and forever discharge the AABANY and our directors, officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site.
3. Cookies and Web Beacons. Like any other website, the Site uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.
1. Provided As-Is, As Available. The Site is provided on an “AS-IS” and “AS AVAILABLE” basis, and AABANY and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make no guarantee that the Site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the Site, all such warranties are limited in duration to ninety (90) days from the date of first use. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
G. Limitation on Liability
1. At Your Own Risk. To the maximum extent permitted by law, in no event shall AABANY or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the Site even if AABANY has been advised of the possibility of such damages. Access to and use of the Site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
2. Maximum Liability. To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars (U.S $50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
H. Survival of Agreement after Termination
These Terms will remain in full force and effect while you use the Site and will survive the termination of your relationship with the Association. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. AABANY will not have any liability whatsoever to you for any termination of your rights under these Terms.
I. Intellectual Property
1. Copyright/Trademark Information. Copyright © 2020 Asian American Bar Association of New York. All rights reserved. The AABANY Logo is a registered service mark in the U.S. Patent and Trademark Office. All trademarks, logos and service marks displayed on the Site (“Marks”) are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
2. Reporting Infringements. AABANY respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to the Digital Millenium Copyright Act, 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
your physical or electronic signature;
identification of the copyrighted work(s) that you claim to have been infringed;
identification of the material on our services that you claim is infringing and that you request us to remove;
sufficient information to permit us to locate such material;
your address, telephone number, and e-mail address;
a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
K. Jurisdiction and Choice of Law
This agreement is made in the State, City and County of New York. The parties hereby agree to submit to the personal jurisdiction of the courts located within the City and State of New York, and interpret these provisions under the laws of the City and State of New York and the United States of America, without regard to conflict of laws provisions.
L. Entire Terms
These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to AABANY is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without AABANY’s ‘s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. AABANY may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.