A. Restrictions on Use of the AAO Website.
It is impermissible to:
(a) Upload, post or send any information or content that (i) is unlawful, libelous, slanderous, offensive, obscene, hateful, pornographic, violent, insulting, threatening, abusive, misleading, deceptive, or racially, ethnically, or otherwise objectionable, (ii)constitutes or is comprised of any commercial, promotional, or solicitation information or (iii), infringes on the rights of others, including, rights of publicity or privacy.
(b) Harm or threaten to harm users or members of the general public in any way, or “stalk” or otherwise harass any other person or entity;
(c) Disseminate or transmit “spam,” unsolicited messages, chain letters, any advertisements or other unsolicited commercial communication;
(d) To impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(e) To remove any copyright, trademark or other proprietary rights notices contained in the AAO Website;
B. Right to Re-Use User Provided Materials; Privacy
(a) By submitting user materials you automatically grant to AAO a worldwide, fully paid-up, royalty-free, irrevocable, nonexclusive right and license, including right of sublicense, in perpetuity, to adopt, publish or perform and to reformat, copy, use, create updates, analyses or creative derivative works of, publicly display or broadcast, incorporate into other works and otherwise exploit such user materials (in whole or in part), in any form, media, or technology in furtherance of the purposes of this AAO website as specified in subject (c). You represent and warrant to AAO that you have the full legal right, power and authority to grant to AAO the license provided for herein.
(b) As Agent for AAO, Gotham shall have the right, but not the obligation, to monitor user materials to determine compliance with these Terms of Service and to satisfy any law, regulation or authorized government request. Except as specified with respect to AAO and Gotham’s rights and duties under the Digital Millennium Copyright Act set forth in Section C. below, AAO reserves the right, and has absolute discretion, to screen, edit, refuse to post or remove without notice any such user materials at any time and for any reason.
(c) Unless otherwise agreed to by the user submitting such materials, AAO and Gotham shall not disclose personally identifiable information relating to the person submitting such user materials, except that personally identifiable information may be disclosed in response to any governmental demand , including any subpoena, in which such information is required or requested. For purposes of these Terms of Service, the term “personally identifiable information” means the surname, street address, telephone number, e-mail URL or any other unique identifier which would enable a third person to determine the identity of the user.
C. Notice and Procedure for Making Claims of Copyright Infringement
Our Agent, Gotham Government Relations, LLC will respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
Pursuant to Title 17, United States Code, § 512(c)(2), if you believe in good faith that your copyrighted work has been reproduced and is accessible on this website in a way that constitutes copyright infringement, please provide our Gotham with a written communication containing the following information. Note that only DMCA notices will receive a response.
- identification of the copyrighted work claimed to have been infringed;
- identification of the allegedly infringing material on the Services that is requested to be removed;
- your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
- a statement that you have a good faith belief that the use of the copyrighted work is not authorized by you or the law;
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are, or are authorized to act on behalf of, the owner of an exclusive copyright right that is allegedly infringed; and
- an electronic or physical signature of you or someone authorized on the copyright owner's behalf, to assert infringement of copyright and to submit the statement.
Claims of infringement that include the above required information must be submitted via postal mail or e-mail to our DMCA Agent as follows:
Gotham Government Relations LLC
1399 Franklin Avenue, Garden City, NY.
We reserve the right to remove any posted submission that infringes the copyright of any person under the laws of the United States upon receipt of a notice that complies with the requirements of 17 U.S.C. § 512(c)(3). We have adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of repeat infringers. United States law provides significant penalties for submitting such a statement falsely.