We have built this website ( www.greencitychallenge.org domain name, the “Website”) to educate New Yorkers about the ways to Live Green, Work Green and Eat Green in New York City. As part of our mission, we have instituted an Open Mic Forum (“Open Mic Forum”) that allows visitors to submit articles written by them and accompanying pictures to Green City Challenge (“GCC”) on Green topics they wish to share for posting on the Open Mic Forum. By submitting any materials to the Open Mic Forum, you are agreeing to the Terms of Use herein.
1. Acceptance: By sending a submission to GCC for inclusion in the Open Mic Forum, you (“you”) signify that you have read, understand and agree to be bound by these Terms of Use (“Terms of Use”). These Terms of Use, including the Privacy Notice, is a legal contract between you and GCC. You affirm that you are either more than 18 years of age, or an emancipated minor, or are providing a submission to GCC with supervision of your parent/guardian and are fully able and competent to enter the terms, conditions, obligations, representations and warranties set forth herein. GCC may, in its sole discretion, modify or revise the Terms of Use and policies at any time, and you agree to be bound by such modifications or revisions. If you do not agree to any of these terms, please do not participate in the Open Mic Forum.
2. Submission Requirements: All articles submitted to the Open Mic Forum must be original to you, should be around 700 words, and may be accompanied by a photograph or graphic image of the subject matter (the articles(s), photograph(s) and/or graphic image(s), are referred to collectively as “Your Content”). All submissions should be sent to openmic@greencitychallenge.org. All submissions should be relevant to the Green education-oriented mission of the Open Mic Forum and you agree to stay on topic and not submit anything not in accordance with this educational standard.
GCC reserves the rights, in its sole discretion, to determine which submissions will be included in the Open Mic Forum. GCC, has a right, but not an obligation, to edit any of Your Content. GCC, however, is not responsible and assumes no liability for any content submitted by you or any third party.
3. Restrictions on Submission and Website Use: You agree NOT to:
a) Use the Open Mic Forum to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
b) Act in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, martial status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by GCC;
c) Submit any copyrighted materials not owned by you, without express written permission of the copyright owner, or any materials that infringes or violates any right of any third party, including any right of privacy or publicity, or otherwise facilitate the unlawful distribution of copyrighted content;
d) Submit pornographic or indecent materials or otherwise submit anything inflammatory, vulgar or overtly insulting;
e) Publicize, download, copy, replicate, reproduce, sell, or otherwise exploit any copyrighted works on or from the Open Mic Forum; and
f) Submit any content that is unlawful, threatening, abusive, libelous, defamatory, or hateful..
g) Engage in any other unlawful or illegal conduct.
4. Intellectual Property Rights: You grant GCC a nonexclusive, royalty free, perpetual, irrevocable and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and publicly perform and display Your Content throughout the world in any media. You grant GCC the right to use the name that you submit in connection with such content, if they choose. GCC may, by virtue of this license, preserve and display content and materials submitted by you. GCC does not assert any ownership over Your Content; rather, subject to the rights granted to GCC in these Terms of Use, you retain full ownership of all of Your Content and any intellectual property rights or other proprietary rights associated with Your Content.
5. Your Privacy: You understand that when you submit Your Content, GCC does not guarantee any confidentiality with respect to any of Your Content submitted, including your name and contact information. However, GCC will not use your information for any purposes outside of the Open Mic Forum.
6. Warranties, Indemnification and Disclaimer: You represent and warrant that you are the sole author of, own all rights to, or otherwise control all of the rights to Your Content. You agree to indemnify and hold harmless GCC for all claims resulting from Your Content or otherwise arising from your use of the Open Mic Forum, your violation of any terms of Terms of Use, your violation of any third party right, including without limitation copyright, property, or privacy right, or any claim that your comments caused damages to a third party. This defense and indemnification obligation will survive these Terms of Use.
The views and ideas expressed in the Open Mic Forum are not necessarily the views held by GCC or its staff. GCC is solely providing hosting for the Open Mic Forum and does not take responsibility, nor endorse or support the views of the users, unless otherwise specifically noted.
GCC makes no representations or warranties of any kind, express or implied, as to the operation of the Open Mic Forum or the information and content included on or otherwise made available.
7. Applicable Law: You agree (i) that the laws of the State of New York, without regard to principles of conflict of laws, will govern these Terms of Use with respect to any dispute of any sort that might arise between you and GCC and (ii) to resolve all claims/disputes in the courts of the State of New York, and expressly submit to exclusive jurisdiction and venue in such courts.
