Welcome to www.bldg92.org,  the website of BLDG92 provided by Brooklyn Navy Yard Development Corporation (“BNYDC”), a New York entity.

  1. Use is Agreement.  By using or visiting the BLDG92 website or any BNYDC products, software, data feeds, and services provided to you on, from or through the BLDG92 website, you signify your agreement to (1) these terms and conditions (the “Terms of Service”) and (2) BLDG92’s privacy notice, found on the Privacy Policy page, and incorporated herein by reference. If you do not agree to any of these terms or the BLDG92 privacy notice, you may not use the site or its services.

    If you do not accept all of these terms and conditions, please do not use this website.
  2. Modification of Terms.We may modify the Terms of Service at any time at our sole discretion, without prior notice.  Any modifications made by us to the Terms of Service will be effective immediately upon posting on the BLDG92 website. By accessing or using the site, you agree to be bound by all of the terms and conditions as posted on the site at the time of your access or use.  Except for changes posted by us on the site, no changes shall be effective unless in writing signed by an officer of BNYDC.
  3. Use of Site.  You agree that this site is solely for your personal, non-commercial use.
  4. Age.  You must be at least 13 years of age to use this site.
  5. Registration.  When you register on this site you will create a password.  You are responsible for activity of anyone accessing the site with your password.  It is up to you to maintain the confidentiality of your username and password. Do not let other people use your username and password.  You represent and warrant to us that your registration information is true and accurate. You are solely responsible for the activity that occurs using your username and password. You must notify BNYDC immediately of any breach of security or unauthorized use of your account. Although BNYDC will not be liable for any losses or damages caused by any unauthorized use of your account, you may be liable for the losses or damages of BNYDC or others due to such unauthorized use.
  6. Your Content.
    1. You retain copyright and any other rights you already hold in content which you submit, post or display on or through the site. By submitting, posting or displaying the content, you give BNYDC a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, reproduce, display, edit, modify, create derivative works from, publicly display and distribute any content which you submit, post or display on or through, the site.
    2. You agree that this license includes the right for BNYDC to make such content available to other companies, organizations or individuals with whom BNYDC has relationships for the provision of syndicated services, and to use such content in connection with the provision of those services.
    3. You understand that BNYDC, in performing the required technical steps to provide this website to our users, may (a) transmit or distribute your content over various public networks and in various media; and (b) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit BNYDC to take these actions.
    4. You confirm and warrant to BNYDC that you have all the rights, power and authority necessary to grant the above license.
    5. You shall be solely responsible for your own content and the consequences of submitting and publishing your content on the site.
    6. You also agree that you will not:

                                               i.     Post material that infringes on the rights of any third party, including intellectual property, privacy or publicity rights

                                             ii.     Post material that is unlawful, obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing as determined by BNYDC in its sole discretion

                                            iii.     Post advertisements or solicitations of business or money

                                            iv.     Post spam, chain letters or pyramid schemes

                                             v.     Impersonate another person

                                            vi.     Allow any other person or entity to use your password

  1. Copyrights and Trademarks.  Other than the User Content as described in ¶ 6, we own the copyright in this site and content on the site.  We grant you a license to access the site and use content for your own personal, non-commercial use.  You may not use trademarks displayed on the site except with our written consent or consent of the trademark owner.
  2. Account Termination Policy.BNYDC will terminate a user’s access to the site if the user is determined by BNYDC to be in violation of these Terms of Service. BNYDC may also, at any time and without prior notice and in its sole discretion, remove or edit content and/or terminate a user’s account for submitting material that is in violation of these Terms of Service.
  3. Third Party Links.  This Website may contain hyperlinks to websites operated by parties other than BNYDC to provide increased value to our visitors.  Such hyperlinks are provided for reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Please take precautions to ensure that whatever links you select or software you download (whether from this site or other websites) is free of items such as viruses, defects and other items of adverse nature. Our provision of hyperlinks to such websites does not imply our approval of or any guarantee of the material on such websites. By using the website, you expressly relieve BNYDC from any and all liability arising from your use of any third party website.
  4. Privacy.  Your use of this site is subject to BNYDC’s Privacy Policy which may be accessed at the following link: Privacy Policy
  5. Claims within one year.  No action may be brought by either party under these Terms of Service or otherwise more than one (1) year after the earlier of the time when the cause of action arose, or when the party was aware of facts which put it on notice thereof.
  6. Disclaimer.  THIS WEBSITE AND ANY INFORMATION CONTAINED ON OR SERVICES PROVIDED THROUGH THIS WEBSITE IS PROVIDED ON AN "AS IS" BASIS.
    1. Warranties and Limitation of Liability. YOU AGREE THAT YOUR USE OF THIS WEBSITE SHALL BE AT YOUR SOLE RISK. WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THIS WEBSITE OR OUR SERVICE, OR WITH RESPECT TO ANY INFORMATION, PRODUCT, SERVICE, MERCHANDISE OR OTHER MATERIAL PROVIDED ON OR THROUGH THE SITE. WE DO NOT WARRANT OR GUARANTEE THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, PRODUCTS, SERVICES, MERCHANDISE OR OTHER MATERIAL PROVIDED THROUGH THIS WEBSITE OR ON THE INTERNET GENERALLY. WE MAKE NO WARRANTY OR GUARANTEE THAT THIS WEBSITE OR OUR SERVICE WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS OR PROBLEMS OF ANY KIND, WHETHER TYPOGRAPHICAL, TECHNICAL, HUMAN, MECHANICAL, ELECTRONIC OR OTHERWISE, INCLUDING WITHOUT LIMITATION ERRORS OR PROBLEMS WHICH MAY OCCUR IN PROVIDING SERVICES, PROCESSING REGISTRATIONS, OR IN ANY WEBSITE-RELATED MATERIALS.

      IN NO EVENT SHALL BNYDC, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF BNYDC HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THIS WEBSITE, OR INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE, NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

      YOU SPECIFICALLY ACKNOWLEDGE THAT BNYDC SHALL NOT BE LIABLE FOR CONTENT OF OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF, ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

      This website is controlled and offered by BNYDC from its facilities in the United States of America. BNYDC makes no representations that the site is appropriate or available for use in other locations. Those who access or use the website from other jurisdictions do so at their own volition and are responsible for compliance with local laws.
    2. Indemnification.To the extent permitted by applicable law, you agree to defend and indemnify BNYDC, and/or its respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
      1. your breach of the Terms of Service or the documents referenced herein;
      2. your violation of any law or the rights of a third party;
      3. any claim that your content caused damage to a third party; or
      4. your use of and access to this website.

        This defense and indemnification provision will survive these Terms of Service and your use of this site.
      5. Ability to Accept Terms of Service.You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal, parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
      6. Assignment.These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BNYDC without restriction.
      7. Applicable Laws.  You agree that these Terms of Service are entered into between you and us in the State of New York, United States of America, and are governed by and shall be construed in all respects under the laws of the State of New York, exclusive of its choice of law or conflict of laws provisions. In any claim or action by you directly or indirectly arising under the Terms of Service or related to this website or our services, we each irrevocably agree to submit to the exclusive personal jurisdiction of the United States District Court for the Eastern District of New York or the New York Supreme Court in and for King County, NY, and any jurisdictional, venue or inconvenient forum objections to such court is waived.
      8. Enforcement.If any of the provisions of the Terms of Service are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be limited or eliminated to the minimum extent necessary so that the remaining Terms of Service shall otherwise remain in full force and effect.
      9. Notices.  You agree that we may provide notice to you regarding these Terms of Service, our services and your participation by postings on this website, or by email.
      10. Waiver.No provision or breach of these Terms of Service may be waived unless done expressly and in writing and signed by the waiving party.  The failure at any time of a party to enforce any provision of these Terms of Service or to require performance by the other party shall in no way be construed as a waiver of any provision of these Terms of Service or as affecting the right of either party to enforce any provision of these Terms of Service in the future.
      11. General.  These Terms of Service constitutes the entire agreement between you and us relating to the access and use of the website and any of its services. These Terms of Service may not be modified, in whole or in part, except as described elsewhere in this agreement. Anything contained on the website inconsistent with or conflicting with the terms of these Terms of Service is superseded by the terms of this agreement.
      12. Digital Millenium Copyright Act. 
        1. Copyright Takedown Notices.BNYDC requires our users to respect the intellectual property of others. BNYDC will investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act ("DMCA"), Title 17 U.S.C. § 512, and other applicable intellectual property laws upon receipt of notices complying with the DMCA.

          If you believe that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information:

                                               i.     Clear identification of the copyrighted work you claim was infringed.

                                             ii.     A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on our website, such as a link to the infringing material

                                            iii.     Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.

                                            iv.     Assurance that you have a good faith belief that the material you claim as copyright infringement is not authorized by the copyright owner, its agent, or the law.

                                             v.     Assurance that the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Takedown notices with respect to this site should be sent by email to collections@bldg92.org or by mail to the following address:

Brooklyn Navy Yard Development Corp.
Attn: Copyright Takedown
63 Flushing Ave., Unit 300
Brooklyn, NY 11205

We will review and act as appropriate upon all notices that comply with the requirements above.  Please consult your legal advisor before filing a notice or counter-notice and be aware that you may be liable for damages if you make a false claim of copyright infringement.

  1. Counter-Notice.If you believe that your content that was noticed for takedown or removed is not infringing, or that you have authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following:

                                               i.     Your physical or electronic signature.

                                             ii.     Identification of the content that has been removed and the location at which the content appeared before it was removed.

                                            iii.     A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content.

                                            iv.     Your name, address, telephone number, and email address, statement that you consent to the jurisdiction of the federal court in Brooklyn, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

Counter-notices with respect to this site should be sent by email to collections@bldg92.org or by mail to the following address:

Brooklyn Navy Yard Development Corp.
Attn: Copyright Takedown
63 Flushing Ave., Unit 300
Brooklyn, NY 11205

If a counter-notice is received by the copyright agent listed above, BNYDC may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after the receipt of the counter-notice, at BNYDC’s sole discretion.

Dated: November 10, 2011