TERMS OF USE - Updated October 3, 2012

Please read these Terms of Use before using Lehman Community Connect: Bronx Information Portal (the “Site”). Lehman College of the City University of New York (“CUNY,” also referred to as “we” or “us” or “our”) offers this Site to you subject to the following terms and conditions of use (“Terms”). By accessing the Site at http://www.bronx.lehman.cuny.edu, you signify that you have read, understand and agree to these Terms. If you do not agree to these Terms, you are not authorized to use the Site.

The CUNY Policy on Acceptable Use of Computer Resources and the CUNY.edu Privacy Policy are incorporated into these Terms by reference and you should read them before using the Site.

1. Purpose

The purpose of the Site is to enable Lehman College students, faculty and staff, and the general public to participate in the Bronx community by providing information and downloadable datasets to build applications, conduct analyses, and perform research. We intend to improve the Site based on feedback from users. Therefore we encourage you to suggest ways to improve the Site by contacting us at community.connect@lehman.cuny.edu.

2. Data Policy

a. Public Information: All datasets accessible through the Site are public information and must not contain any confidential or personally identifiable information, or other information or data that is protected by statute, agreement, practice, or legal precedent. You should not submit datasets or other information to the Site that are not public information.

b. Secondary Use: Data accessed through the Site do not, and should not, include controls over its end use. However, as the data owner or authoritative source for the data, the submitter of data to the Site retains version control of datasets.

c. Citing Data: The preferred citation for each dataset is included in its metadata. You should also cite the date that data were accessed or retrieved from the Site. You must state that “Neither CUNY or Lehman College can vouch for the accuracy or completeness of data provided by this web site or application or for the usefulness or integrity of the web site or application. This site may provide applications using data that has been modified for use from its original source.”

3. Posting Comments and Links

a. Your Responsibilities: If you post comments or links on the commentary portions of the Site (any such material, “Comments”), you are responsible for the Comments and any harm resulting from them. You warrant and represent also that the Comments do not violate these Terms and that you will indemnify and hold harmless CUNY from any claims arising from Comments you provide.

b. License to CUNY: By posting Comments on this Site, you are granting CUNY a nonexclusive, royalty free, perpetual, and worldwide license to use the Comments on the Site until you remove or delete them, including but not limited to, the right to copy, distribute, transmit, publicly display, publicly perform, edit, translate, and reformat the Comments, and/or to incorporate them into a collective work. If you delete Comments, CUNY will use reasonable efforts to remove them from the Site, but you acknowledge that caching or references to the Comments may not be made immediately unavailable. Whenever possible, we will credit you as an author, and by posting Comments on the Site you agree to give CUNY the right to use your name for attribution purposes.

4. Children Under 13

You are not permitted to provide to the Site any content intended for children under the age of 13 without the express written permission of CUNY.

5. Trademark Rights

“CUNY,” “The City University of New York,” the names of CUNY colleges and schools (including Lehman College), and all related trade names and trademarks are the property of CUNY. CUNY names and trademarks may not be used by unrelated third parties without specific written permission. You may not use any CUNY name or logo to endorse or promote any product, opinion, cause or political candidate. Representation of your personal opinions as institutionally endorsed by CUNY or any of its colleges, schools or organizations, is strictly prohibited. Other trademarks, service marks, and trade names used on the Site are the property of their respective owners.

6. Disclaimer re Third Party Information

You are not permitted to provide to the Site any content intended for children under the age of 13 without the express written permission of CUNY.

7. Disclaimer of Warranties and Limitation of Liability

The Site is hosted for CUNY by Socrata Inc. and is provided on an “as is” and “as available” basis. To the full extent permitted by applicable law, CUNY makes no, and hereby disclaims all, representations or warranties of any kind, express or implied, including but not limited to warranties regarding the operation or administration of the Site, or the accuracy, reliability or timeliness of the content, data or other information on or linked from the Site. CUNY shall not be held liable for any damages of any kind arising from reliance on the accuracy, reliability or timeliness of information on the Site or otherwise from the use or inability to use the Site, including but not limited to any analyses conducted with data retrieved from the Site. You expressly agree that you use the Site solely at your own risk.

8. Reporting Violations or Concerns

If you have reason to believe that any content or activity on the Site violates these Terms or is illegal or inappropriate, or to report any other abusive behavior in connection with the Site, please contact us at: community.connect@lehman.cuny.edu. CUNY complies with the Digital Millenium Copyright Act (DMCA). If you have reason to believe that any Content or activity on this Site is infringing in rights owned by you or another (provided you are authorized to act on behalf of the person), please review CUNY’s DMCA information for assistance in making a claim.

9. Modification of These Terms of Use

We reserve the right to change, at any time, at our sole discretion, these Terms. You are responsible for regularly reviewing these Terms. Your continued use of the Site constitutes your agreement to all of these Terms.

10. Right to Remove Content and Discontinue Service

CUNY has the right (though not the obligation) in its sole discretion to refuse or remove any data, Comments, or other content at any time that violates these Terms or any CUNY or Lehman College policy, or applicable federal or state statutes, or common laws. CUNY also reserves the right to modify, suspend or discontinue the Site, with or without notice, at any time and without any liability to Site users.

11. Termination

These Terms will continue to apply until terminated by either you or CUNY. CUNY may at any time terminate its legal agreement with you and your right to access and use the Site if you have breached any provision of the Terms, CUNY is required to do so by law, or Lehman College no longer maintains the Site and is terminating the service.

12. Governing Law

You agree that if CUNY does not exercise or enforce any legal right or remedy that is contained in these Terms (or for which CUNY is entitled under any applicable law), this will not be taken to be a formal waiver of these rights and remedies. These Terms, and your relationship with CUNY, shall be governed by the rules, regulations, and policies of CUNY and Lehman College, and the laws of the State of New York without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located within the state of New York to resolve any legal matter arising from these Terms. However, you agree that CUNY shall still be allowed to apply for injunctive remedies (or any equivalent type of urgent legal relief) in any jurisdiction. These Terms do not limit the protection afforded any information by other provisions of the law. These Terms are intended only to improve the internal management of information displayed on the Site and are not intended to, and do not, create any right or benefit, substantive or procedural, enforceable at law or in equity, by a party against CUNY or its officers, employees, or agents.