User Agreement

Effective as of: April 1, 2021

Welcome to the website (“Site”) for the New York Civil Liberties Union, Inc. (“Union”) and the New York Civil Liberties Union Foundation (“Foundation”) (collectively, “New York Civil Liberties Union,” “we,” “our,” “us”).

The Site consists of our website at nyclu.org, including all web pages whose domain name contains nyclu.org and www.nyclu.org, or which are operated by the New York Civil Liberties Union and link to this User Agreement.

To be clear, this is not the User Agreement for websites operated by the New York Civil Liberties Union that do not contain these domain names and do not link to this User Agreement. Those websites have site-specific User Agreements.

This User Agreement also does not apply to websites that the New York Civil Liberties Union does not operate where a New York Civil Liberties Union entity has a presence, such as New York Civil Liberties Union pages on Facebook.

Finally, this is not the online User Agreement for the websites of other ACLU local/state affiliate organizations (collectively, “Affiliates”) or the national organizations: the American Civil Liberties Union, Inc. and the American Civil Liberties Union Foundation, Inc. (collectively, “National”). In all of those cases, site-specific terms of use apply, and are posted accordingly.

Please read this User Agreement carefully, including the New York Civil Liberties Union Online Privacy StatementBy using the New York Civil Liberties Union Site, you agree to follow the rules set forth on these web pages. From time to time we may revise this User Agreement, including its Online Privacy Statement, so be sure to check these web pages occasionally. If we do make material changes, we will post a notice on our home page that the User Agreement has been modified and provide a link to the revised User Agreement. When you continue to use the New York Civil Liberties Union Site after we post a change, it means you agree to the new rules.

The New York Civil Liberties Union and the New York Civil Liberties Union Foundation

The New York Civil Liberties Union, Inc. (Union) and its affiliated organization,  New York Civil Liberties Union Foundation (Foundation), are separate organizations that are each engaged in the same mission of defending the rights guaranteed under the U.S. Constitution, including First Amendment freedoms, equality, privacy rights, and fundamental fairness.

Online Privacy Statement & Information You Voluntarily Submit to the New York Civil Liberties Union Site

Please review our New York Civil Liberties Union Online Privacy Statement, which is part of this User Agreement and describes how we handle any personally identifying information about New York Civil Liberties Union Site users, including information you provide directly to the New York Civil Liberties Union Site. By providing such information, you hereby acknowledge and agree to New York Civil Liberties Union's treatment of such information as described in the Online Privacy Statement.

Copyright

Except where otherwise indicated, the New York Civil Liberties Union owns or licenses the copyright in all the materials on the New York Civil Liberties Union Site, including text, graphics, logos, button icons, audio clips, video clips, photographs, and software, and those rights are protected by United States and international copyright laws and other intellectual property laws (“New York Civil Liberties Union Content”). To the extent your use of material on our Site does not constitute “fair use” for which you do not need our permission, the following rules apply to use of the material:

Automatically Permitted Distribution

Unless the specific web page from which New York Civil Liberties Union text material is available indicates you may not do so, you may copy or distribute text materials that appear on the New York Civil Liberties Union Site, in print or digital format, subject to three limitations:

  1. You may not use the materials for any commercial purpose, including any purpose connected with the sale of goods or services;
  2. You may not make editorial changes to material you attribute to us; and
  3. You may not excerpt, juxtapose, or present attributed material in any way that is misleading as to our original editorial intent, or as to your relationship with us.

You may also copy or distribute New York Civil Liberties Union Content that is not New York Civil Liberties Union text materials if and only to the extent that the specific launching page from which that New York Civil Liberties Union Content is accessible, and/or the New York Civil Liberties Union Content itself, explicitly indicates that the New York Civil Liberties Union Content may be distributed in a specified manner, subject to the same three limitations stated above.

All distributed copies, whether of text or non-text materials, must display the following copyright notice:

Copyright [2022 or other year indicated] New York Civil Liberties Union.

Originally posted by the New York Civil Liberties Union at [complete address of source page].

Distribution Requiring Advance Written Permission

You must obtain written permission in advance if you wish to reproduce New York Civil Liberties Union Content in any manner not listed in the previous paragraph. You can request this permission by sending us an email at media@nyclu.org that contains the information listed below:

  • complete description of the New York Civil Liberties Union Content requested, such as the URL of the web page that contains the New York Civil Liberties Union Content, a description of the sections or paragraphs that will be distributed, and, where applicable, the title and date of the New York Civil Liberties Union Content;
  • a description of the intended audience;
  • a description of the manner of distribution;
  • to any extent applicable, the length, retail price, and approximate size of first printing or circulation that will include the New York Civil Liberties Union Content;
  • a description of the geographic scope of the distribution and the length of time for which rights are being requested. (Please note that the New York Civil Liberties Union grants only nonexclusive rights);
  • a reply fax number or email address and a phone number.

Information You Post to the New York Civil Liberties Union Site

To the extent you voluntarily post material to the New York Civil Liberties Union Site for display on the New York Civil Liberties Union Site itself, you automatically grant to New York Civil Liberties Union an irrevocable, perpetual worldwide license for the New York Civil Liberties Union to display such material on the New York Civil Liberties Union Site, except to the extent we have indicated otherwise on the portion of the New York Civil Liberties Union Site that permits you to post such information (e.g., if a particular blog or forum on the New York Civil Liberties Union Site posts any specific terms of use that applies to that particular blog or forum). Additionally, unless otherwise explicitly agreed upon in writing by you and New York Civil Liberties Union, by posting any material to the New York Civil Liberties Union Site for display on the New York Civil Liberties Union Site, you are representing, warranting, and covenanting to the New York Civil Liberties Union that those materials are original to you or you have obtained permissions, releases, rights, or licenses, if any are required (including where use of that material does not constitute “fair use”), that you assume full responsibility for the posting of such material vis-à-vis third parties, including but not limited to making any payments to third parties with respect to displaying such third party material. By posting material for display on a portion of the New York Civil Liberties Union Site that contains specific terms of use applicable to that portion of the New York Civil Liberties Union Site, you agree you have read, understand, agree to, and accept such specific terms of use.

Trademarks (Including Logos)

NEW YORK CIVIL LIBERTIES UNION, NEW YORK CIVIL LIBERTIES UNION FOUNDATION, New York Civil Liberties Union, New York Civil Liberties Union logos, and any other trademarks on the New York Civil Liberties Union Site (collectively “New York Civil Liberties Union Trademarks”) are trademarks of the New York Civil Liberties Union in the United States and other countries unless it is explicitly stated on the New York Civil Liberties Union Site where a trademark appears that the trademark is the trademark of a third party (or it is obvious from the context that it is the trademark of a third party; e.g., where we include on the New York Civil Liberties Union Site the name or logo of a coalition partner) (“Third-Party Trademarks”). To the extent your use of New York Civil Liberties Union Trademarks does not constitute “fair use” for which you do not need our permission, the following rules apply to use of the material:

You may not use the New York Civil Liberties Union Trademarks for any product or service that does not belong to the New York Civil Liberties Union, nor in any manner that is likely to cause confusion about whether we are the source, affiliated with, sponsor of, or endorser of any product or service. In addition, you may not use the New York Civil Liberties Union Trademarks in any manner that illegally disparages or discredits us.

Your ability to use a Third-Party Trademark that appears on the New York Civil Liberties Union Site is limited to the manner, if any, in which the New York Civil Liberties Union Site explicitly states on the page on which such Third-Party Trademark appears that such use in such manner is authorized by the third-party owner of that Third-Party Trademark (unless your use is permissible under the law [e.g., it is “fair use”] or the owner of such Third-Party Trademark has specifically granted you the right to such use in such manner).

Frames and Metatags

You may not frame the content of the New York Civil Liberties Union Site. You may not use metatags or any other “hidden text” that incorporates New York Civil Liberties Union Trademarks or our name without our express written consent.

Links to Other Websites

The New York Civil Liberties Union Site contains links to other websites that we think may be of interest to you. We are not responsible for and have no control over these other sites or their content. Remember that when you link to another site, that other site is governed by its own user agreement and privacy statement, which you should be sure to read.

Disclaimers and Limitation of Liability

ALTHOUGH WE TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER DESTRUCTIVE MATERIALS TO THE NEW YORK CIVIL LIBERTIES UNION SITE, WE DO NOT GUARANTEE OR WARRANT THAT THE NEW YORK CIVIL LIBERTIES UNION SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM THE NEW YORK CIVIL LIBERTIES UNION SITE ARE FREE FROM SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.

WE ARE NOT LIABLE FOR ANY CLAIM, LOSS, OR INJURY BASED ON ERRORS, OMISSIONS, INTERRUPTIONS, OR OTHER INACCURACIES IN THE NEW YORK CIVIL LIBERTIES UNION SITE, NOR FOR ANY CLAIM, LOSS, OR INJURY THAT RESULTS FROM YOUR USE OF THE NEW YORK CIVIL LIBERTIES UNION SITE OR YOUR BREACH OF ANY PROVISION OF THIS USER AGREEMENT.

Termination

We reserve the right to terminate the New York Civil Liberties Union Site and this User Agreement at any time without notice for any reason, including, in the case of the User Agreement, for your violation of any of its provisions. The Limitation of Liability and Governing Law Sections of this User Agreement survive any such termination.

Governing Law

This User Agreement is governed by the laws of the State of New York applicable to contracts made and performed there without regard to its conflicts of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts in the State of New York and New York County and waive any jurisdictional, venue, or inconvenient forum objections to such courts.