Welcome to New York Citys Centralized Public Identity Management ("NYC.ID") Application.
- These Terms set forth the rights and responsibilities of the City of New York ("City") and any person creating a User account on NYC.gov using the NYC.ID Application. The "User" is you, unless you are creating the account on behalf of your employer or another entity or individual (in such case, the latter will be considered to be the "User" or "representative"). (If "you" and "User" are mentioned in the same sentence, "you" refers to the individual creating the account on behalf of the User.) These Terms also govern the Users access to and use of the Application.
- For purposes of these Terms, "Application" refers to the electronic platform through which an individual creates a User account on NYC.gov.
- If you are creating an NYC.ID account for an entity and agreeing to the Terms contained herein on behalf of that entity (be it your employer or another entity), or if you are legally authorized to assist an individual with creating a NYC.gov account and accessing or applying for benefits and services using this account, you represent and warrant that: (i) you have full legal authority to bind your employer or the other applicable entity or individual to these Terms; (ii) you have read and understand this Agreement; and (iii) you agree, on behalf of the entity or individual that you represent, to the terms of this Agreement. If you dont have the legal authority to bind your employer or the other applicable entity or individual, please do not click the "I Understand and Agree" button.
- By creating a User account on NYC.gov with this Application, you represent that you are at least 18 years old or have reached the age of majority in your jurisdiction.
II. Usage Restrictions. The User will not:
- use the Application to commit a criminal offense or to encourage others to engage in any conduct which would constitute a criminal offense;
- use the Application in a way to give rise to civil liability or encourage others to engage in any conduct which would give rise to civil liability;
- sell, resell, lease (or engage in a functionally equivalent transaction concerning) the Application;
- use the Application to impersonate other parties or entities;
- use the Application to upload any content that contains a software virus, "Trojan Horse" or any other computer code, files, or programs that may alter, damage, or interrupt the functionality of the Application or City government infrastructure;
- impair anyone elses use of the Application;
- obtain(or try to obtain) any data from the Application except the data that the City intends to make available to the User; or
- modify, reverse engineer, decompile, or disassemble the Application (or attempt to do so), whether in whole or in part, create any derivative works from or of the Application, or bypass, modify, defeat, or tamper with or circumvent any of the functions or protections of the Application or any mechanisms operatively linked to the Application, for example, by augmenting or substituting any digital rights management functionality.
III. Collection of Information.
Individuals using ACCESS NYC may be asked to provide additional personally identifiable information, such as but not limited to social security number (SSN) and information relating to children and other household members where necessary to ascertain eligibility for benefits programs. Any information pertaining to children that is provided to ACCESS NYC must be entered by the childs parent, legal guardian, or other head of household, or other legally authorized representative. Information collected on ACCESS NYC will only be transmitted, used, and stored by the City in accordance with all applicable federal, state, and city laws and regulations.
IV. Password and Account Security.
- The User agrees and understands that the User is responsible for maintaining the security and confidentiality of the Users password for the Application.
- The User agrees that the User will be solely responsible to the City for all activities that occur under the Users account, except where a representative is acting as the User on behalf of an individual, and has conducted unlawful actions involving the NYC.ID account that were unknown to or unknowable by the individual on whose behalf such account was created.
- If the User becomes aware of any unauthorized use of the Users password or account, the User shall notify the City immediately via the feedback form.
V. Intellectual Property.
- Service marks and trademarks contained in or displayed on the Application, and the contents of linked sites operated by the City or third parties, are the property of their respective owners. All other design, information, text, graphics, images, pages, interfaces, links, software, and other items and materials contained in or displayed on the Application, and the selection and arrangements thereof, are the property of the City of New York. All rights are reserved.
- Except as expressly set forth herein, this Agreement does not grant either party any rights, implied or otherwise, to the others content or any of the others intellectual property.
- THE APPLICATION AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE QUALITY, CONTENT, ACCURACY, COMPLETENESS, CURRENCY, FREEDOM FROM INTERRUPTION, FREEDOM FROM COMPUTER VIRUS, FREEDOM FROM ERRORS OR OMISSIONS, NON-INFRINGEMENT OF CONTENT PLACED ON THE APPLICATION INCLUDING ANY OF THE DESIGN, INFORMATION, TEXT, GRAPHICS, IMAGES, PAGES, INTERFACES, LINKS, SOFTWARE, OR OTHER MATERIALS AND ITEMS CONTAINED IN OR DISPLAYED ON THE APPLICATION.
- THE CITY IS NOT RESPONSIBLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (REGARDLESS OF WHETHER THEY WERE FORESEEABLE) THAT MAY ARISE FROM THE USE OF, OR THE INABILITY TO USE, THE APPLICATION, WHETHER THE MATERIALS CONTAINED ON THE APPLICATION ARE PROVIDED BY THE CITY OR A THIRD PARTY.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE APPLICATION IS DONE AT THE USERS OWN DISCRETION AND RISK. THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- Nothing contained in this Agreement constitutes or is intended to constitute legal advice by the City or any of its agencies, officers, employees, agents, attorneys, or representatives.
- Communications sent to the City through this Application or any applications related thereto concerning any claims or causes of action by the User shall not constitute legal or official notice to the City of such claims or causes of action.
- The User agrees that if the City does not exercise or enforce any legal right or remedy which is contained in the Terms (or which the City otherwise has under applicable law), such omission will not be taken to be a formal waiver of the Citys rights and shall not be construed to be a modification of the Terms.
- If any court of competent jurisdiction rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
- The Terms, and the Users relationship with the City under the Terms, shall be governed by and construed in accordance with the Laws of the State of New York (notwithstanding New York choice-of-law rules).
- The User agrees that any and all claims asserted by or against the City arising under or related to the Terms shall solely be heard and determined either in the courts of the United States located in the City or County of New York or in the courts of the State of New York located in the City and County of New York.
- Nothing in this Agreement will act to limit the Citys ability to seek equitable relief under this Agreement.
- The User may not assign this Agreement or any part of it, or any rights to use the Application, either temporarily or permanently, to any other party. Any attempt to do so is void.