The New York Construction Report website, magazine, eletter, and social media applications, hosted and maintained by Construction News and Report Publishing Inc. serves as a construction trade publication for professionals of the construction industry, intended to provide resources that will facilitate the provision of up-to-date information among the Website’s users.
These resources iare designed for users over the legal age of majority in their country of residence. Youth under the age of 18 (or the age of majority in your country of residence) are not permitted to subscribe for and use the Services (as such term is defined hereinafter) offered on this Website.
1. Acceptance of Terms
2. Description of Services
The Website and related resources intends to perform the following functions: (i) provide its users (which term shall always include but not be limited to, those users who subscribe for the Services) with a website, eletter and magazine serving New York’s architecture, engineering and construction community containing news and advertising relevant to the community.
Whether you are looking for information on the status of a project, or whether you wish to post a publication, this Website, magazine, eletter and other applications offer an environment for all types of users to connect with each other.
Any update to the above Services or any new services offered by Construction News and Report Publishing Inc. and not yet defined herein shall be subject to the TOU.
3. Your obligations as a user
In exchange for your use of the Website/related applications and resources, you agree to provide true, accurate, current and complete information about yourself when we ask for such information. You further agree to provide true, accurate, current and complete information with respect to any information or publications that you may post or promote on the Website.
If you provide any information that is untrue, inaccurate, not current or incomplete, or Construction News and Report Publishing Inc. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Construction News and Report Publishing Inc. has the right to remove your information from our database and refuse any and all current or future use of the Website (or any portion thereof).
If you obtain access to a subscriber account, you are responsible for maintaining the confidentiality of your password and account, and assume all liabilities and responsibilities for any and all activities that occur under your account.
Construction News and Report Publishing Inc. collects personal contact information (name, e-mail address, province/state/region, country and organizational information pertaining to organizations with which users are affiliated) when you sign up for the Website and its Services. This information is used to fulfill your request to join the Website community, make use of the Services, respond to your inquiries, and (if you agree) update you on opportunities relevant to you. Construction News and Report Publishing Inc.. may also collect user credit card information, which will be used to process payments made by users for: (i) subscribing for the Services; and (ii) posting publications or other Content (as such term is defined hereinafter).
4. User Conduct
All information, files, publications, documentation, or other materials of any kind whatsoever (collectively, “Content”), uploaded to the Website is the sole responsibility of the person from which such Content originated. This means that you are responsible for any Content that you upload, post, or otherwise make available via the Website (Construction News and Report Publishing Inc. will not be responsible).
Construction News and Report Publishing Inc. does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Construction News and Report Publishing Inc. be liable in any way for such Content, including, but not limited to, for any errors or omissions in any Content (e.g. should a user post the incorrect address in a publication), or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, transmitted or otherwise made available via the Website and related resources/applications.
You are solely responsible for determining the suitability of the Website and the Services for your business or organization and complying with any regulations laws, or conventions applicable to any Content and your use of the Website, resources and applications.
All Content uploaded to or downloaded from the Website is to be used for the express purpose of delivering the Services. In respect of the Website and other services you agree not to:
1) Download Content to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) for any purpose other than in relation to the Services enumerated herein, including but not limited to, commercial intent and falsely representing any organization;
2) Upload, post, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, pornographic, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
3) Engage in personal attacks or any type of “flaming” of other users. Do not “troll,” i.e., post topics or opinions that are designed to provoke a negative response from one or more specific users;
4) Engage in disruptive activity, such as persistent off-topic contributions or comments, or statements that might incite other users to violate the TOU or participate in illegal activities;
5) Harm other users in any way;
6) Impersonate any person or entity, including, but not limited to, Construction News and Report Publishing Inc. or its staff members, or an affiliated entity of Construction News and Report Publishing Inc., or falsely state or otherwise misrepresent your affiliation with a person or entity;
7) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website, magazine, resources or other applications;
8) Upload, post, e-mail, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment or contractual relationships or under nondisclosure agreements);
9) Upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
10) Upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
11) Upload, post, e-mail, transmit or otherwise make available any material that contains software viruses, worms or Trojan horse or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
12) Interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
13) Intentionally or unintentionally violate any applicable local, provincial, state, territorial, federal or international law; or,
14) “Stalk” or otherwise harass another user of the Website or other person.
Any space provided to you on the Website and its related resources/applications is for your own personal use only, or the use of the organization/entity with which you are affiliated only, and may not be sold, licensed, exchanged or bartered for any purpose, including advertisements.
You further acknowledge and agree that any Content that you upload to the Website will, upon such time that such Content ceases to be current (which will be determined in the sole discretion of Construction News and Report Publishing Inc.), be archived by Construction news and Report Publishing Inc. and shall remain available to all users of the Website/Newspaper until such time as the user who uploaded such Content (or the organization with which such user is affiliated), provides Construction News and Report Publishing Inc. with a written request to remove the Content from the Website and related applications/feeds.
5. Accepting and Maintaining Content
All Content that a user wishes to upload or post to the Website must be approved by Construction News and Report Publishing Inc. first, in its sole and absolute discretion. Only after such approval is given will the Content of any user appear on the Website/Applications.
Notwithstanding the foregoing you acknowledge that, although Construction News and Report Publishing Inc. will make best efforts to evaluate and screen Content with the aim of providing high quality Services, Construction News and Report Publishing Inc. may not pre-screen Content, and Construction News and Report Publishing Inc. shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Website. Without limiting the foregoing, Construction News and Report Publishing Inc. and its Website/Application administrators shall have the right to remove any Content that violates these TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content submitted to Construction News and Report Publishing Inc.
You acknowledge and agree that Construction News and Report Publishing Inc. may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with court order, legal process or the inquiry of any court, administrative proceeding, regulatory body or other judicial proceeding; (b) enforce these terms of service; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Construction News and Report Publishing Inc., our visitors and the public.
The Website/Application is not designed as the primary place to store any Content, and Construction News and Report Publishing Inc. is not responsible for the alteration, deletion, or loss of any stored Content. Create back-ups for any Content you contribute to the Website.
Construction News and Report Publishing Inc. does not claim ownership of Content you upload or make available for inclusion on the Website or through its related applications/resources. However, with respect to Content you upload to us, you grant Construction News and Report Publishing Inc.. and the Website’s users the a perpetual and irrevocable worldwide, royalty free and non-exclusive license to use, distribute, reproduce, modify, adapt, prepare derivative works of, sublicense, publish, translate, publicly perform and publicly display such Content (in whole or in part) for the purpose of delivering the Services and the Website/Applications/Resources.
Whenever Content has copyright noted and the Content originator is clearly identified, this copyright should not be removed.
Construction News and Report Publishing Inc. assumes no responsibility or liability over the sharing of Content among users. Any Content provided by you to Construction News and Report Publishing Inc. or its Website administrators may be freely used by Construction News and Report Publishing Inc. and other users of the Website. Ways in which your Content may be used include, but are not limited to, creating informative posts concerning publication details, comments, articles, documents, FAQs, or knowledge bases. Construction News and Report Publishing Inc. shall have the right to retain and use Content, in edited or unedited form, for any purpose in any way including but not limited to reposting such Content to other websites operated by Construction News and Report Publishing Inc., using Content in current or future products or Services, or compiling statistical data concerning user patterns as regard to the Website’s Services. Therefore, do not upload Content to the Website unless you agree to the TOU.
By uploading Content to the Website, you represent and warrant that you are not uploading viruses, worms, Trojan horses or other malicious, illegal, or unlawful code which is designed to interrupt, destroy, or limit the functionality of any software or hardware.
All Content is deemed to be provided on a non-confidential basis. Construction News and Report Publishing Inc. is under no obligation to and does not control the Content created, provided, or uploaded to the Website. The nature of some Content may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. Construction News and Report Publishing Inc. reserves the right to take down and remove Content that is flagged by users or deemed by Construction News and Report Publishing Inc. as objectionable. However Construction News and Report Publishing Inc. is under no duty to take down or remove any Content.
6. Fees for Services
Users seeking to access information about publications may do so free of charge.
Users seeking to post or upload Content or publications for which they are the publisher may do so in exchange for the fees set out on the Website by Construction News and Report Publishing Inc. or its administrators from time to time.
Subject to the approval process provided herein under section 5, your featured Content will be posted on the Website by the end of the next business day on which your payment is made (and if made after 5:00 PM Eastern Time, then the day after).
Any fees for Services will be paid for by by credit card or cheque upon invoicing by Construction News and Report Publishing Inc.
7. International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.
You agree to indemnify and hold Construction News and Report Publishing Inc. and its respective affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal expenses, made by any third party due to or arising out of Content you submit, post, upload or make available through the Website, your use of the Website, your connection to the Website, your violation of the TOU, or your violation of any rights of another. For greater certainty, such indemnification shall extend to, but shall not be limited to, claims by third parties made as a result of an alleged misrepresentation or inaccuracy contained in the Content that you submit, post, upload or make available through the Website, even if arising from Construction News and Report Publishing Inc.’s own negligence.
9. Other Web Links
Construction News and Report Publishing Inc. and its Website administrators will, from time to time and in connection with providing the Services set out herein to its users, provide links to other World Wide Web sites or resources on the Website. Because Construction News and Report Publishing Inc. has no control over such sites and resources, you acknowledge and agree that Construction News and Report Publishing Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Construction News and Report Publishing Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such Content. In addition, Construction News and Report Publishing Inc. reminds you that some content and links on the Internet contain inappropriate material, such as malware or adult content that is not suitable for children and may be offensive to some users.
11. General Information
The TOU constitutes the entire agreement between you and Construction News and Report Publishing Inc., and governs your use of the Website, despite any prior agreements between you and Construction News and Report Publishing Inc. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The laws of the State of Delaware, The State of New York and the federal laws of the United States of America applicable therein shall govern the TOU, and the relationship between you and Construction News and Report Publishing Inc. You and Construction News and Report Publishing Inc. agree to submit to the personal and exclusive jurisdiction of the courts of the State of Delaware located within the City of Wilmington, DE. The failure of Construction News and Report Publishing Inc. to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect.
The section titles in the TOU are for convenience only and have no legal or contractual effect.
12. Modifications to Service
Construction News and Report Publishing Inc. reserves the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) or any of the Services provided therein with or without notice. You agree that Construction News and Report Publishing Inc. shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or the Services.
You agree that Construction News and Report Publishing Inc., in its sole discretion, may remove your information from our database system or terminate your use of the Website, and remove and discard any Content from the Website, for any reason, including, without limitation, if Construction News and Report Publishing Inc. believes that you have violated or acted inconsistently with the letter or spirit of the TOU. Construction News and Report Publishing Inc. may also in its respective sole discretion and at any time discontinue providing the Website, or any part thereof, with or without notice. You agree that any termination of your access to the Website under any provision of this TOU may be effected without prior notice, and acknowledge and agree that Construction News and Report Publishing Inc. may immediately deactivate or delete your information from our database system and/or bar any further access to the Website. Further, you agree that Construction News and Report Publishing Inc. shall not be liable to you or any third-party for any termination of your access to the Website.
14. Disclaimer of Warranties
You expressly understand and agree that:
Your use of the Website and its related resources and applications is at your sole risk. The Services and the Website are provided on an “as is” and “as available” basis, and Construction News and Report Publishing Inc. expressly disclaims all warranties of any kind, whether express or implied, as to any matter whatsoever, including any implied warranties of merchantability, fitness for a particular purpose, quality, accuracy, and title with respect to the Services and the Website. Without limiting the generality of the foregoing, Construction News and Report Publishing Inc. does not warrant that the Services or the Website will be error-free, will meet your requirements, or will be timely or secure.
Any Content relied upon through the use of the Services is done at your own discretion and risk, without any warranty of any kind, and you will be solely responsible for any damage that results from such reliance.
Any users who choose to upload Content to the Website are responsible for ensuring that such Content contains all necessary information, and for reviewing such Content once published on the Website for errors and omissions. If a user gives Construction News and Report Publishing Inc. notice of any errors and omissions included in any Content, Construction News and Report Publishing Inc. will, upon receipt of such notice, thereafter make best efforts to correct such errors and omissions within a reasonable period of time, but Construction News and Report Publishing Inc. will bear no liability whatsoever for any error or omission, including a failure to publish any certificate or notice, however caused and even if arising from Construction News and Report Publishing Inc.’s own negligence.
No advice or information, whether oral or written, obtained by you from Construction News and Report Publishing Inc. or through or from the Website shall create any right, obligation or warranty not expressly stated in the TOU.
15. Limitation of Liability
You expressly understand and agree that Construction News and Report Publishing Inc. shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from: (i) the use or the inability to use the Website/Newspaper; (ii) the cost of procurement of substitute goods or services resulting from any goods, data, information or services downloaded or messages received or transactions entered into through or from the Website; (iii) unauthorized access to or alteration of your transmissions of data; (iv) statements or conduct of any users or third parties on the Website/Applications/resources, including but not limited to any false information contained in any user’s Content; OR (v) any other matter relating to the Website/Newspaper, the Content uploaded the Website/Applications, or the Website’s/Applications Services.
Please report any violations of the TOU to Construction News and Report Publishing Inc. at: firstname.lastname@example.org.
18. Dispute Resolution
You hereby agree to use best efforts to resolve any dispute with Construction News and Report Publishing Inc. or any of its administrators that should arise with respect to your use of the Website and the Services, or with respect to the interpretation of these TOU, and shall endeavor to do so within 30 days of receipt of a written notice by one party to the other of the existence of such dispute. In case no settlement can be reached through consultation within 30 days after such dispute is raised, the parties will thereafter refer the matter to an independent mediator, as chosen between the parties, for resolution. If these measures fail, then the matter will be resolved through the provisions of the Delaware Rapid Arbitration Act.