TERMS OF SERVICE
NYChaobao Media content
NYChaobao’s original content is made available under a Creative Commons Attribution Non-Commercial License. This license permits the republication and remixing of original NEW-content for noncommercial use, provided that proper credit to the source website is given and any links in the content are not removed. This includes content from all NYChaobao sites, including, NYChaobao.com.
This license does not include the right to republish images or content from NYChaobao websites, which NYChaobao may not own the copyright to.
NYChaobao provides content “as is” and NYChaobao shall not be held liable for your use of the content or the feeds. NYChaobao is not responsible for any complaints regarding content or images that you choose to display on your site or in print.
User Comments, and other user generated content
NYChaobao is an ardent advocate of free speech on the Internet and provides an open forum to facilitate User participation in discussions. Users are encouraged to post comments relating to the Content and/or current affairs and other matters of interest to other Users (the ‘Comments’), and also are invited to post User’s name, image and likeness, text, photographs, videos, music and other audiovisual material, notes and hyperlinks (collectively with the Comments, the ‘User Content’).
NYChaobao reserves the right (but undertakes no obligation) to remove or edit Comments and User Content in its sole and absolute discretion, for any other reason or for no reason, including if and as NYChaobao determines that such Comments or User Content violate one or more of the guidelines, this Agreement or applicable law.
The User warrants and represents that all User Content does not infringe or otherwise violate the rights of any third party, and that the User owns the User Content or otherwise has express and sufficient copyright, trademark and other rights in and to the User Content to post, upload, display and publish it on the Websites and to grant NYChaobao the non-exclusive license to such User Content described above.
The User is solely responsible for all of the User’s User Content and for the consequences of posting, uploading, displaying and publishing the User Content.
By submitting or posting User Content to the Websites, the User grants to NYChaobao the non-exclusive, perpetual, irrevocable, transferable, free worldwide license to use, copy, publicly perform, display, transmit, reformat, distribute, redistribute, sublicense, translate, excerpt, create derivative works from or incorporate into other works for any purpose including trade, User Content (and portions thereof) in or through any and all media now or later known, for any purpose, without or without credit or attribution.
If a User believes that another User has infringed the User’s copyright, the User shall follow the procedure set forth below.
Contents and links shared from and or by third parties does not mean or imply that NYChaobao endorses, recommends, sponsors, or otherwise has any affiliation or relationship with any third party, and no affiliation or relationship should be presumed. NYChaobao does not control and is not responsible for any aspect of such websites and content. As such, any notices legal or otherwise related to said content or links should be addressed to the original source.
The digital platforms are available on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including warranties of title or implied warranties of merchantability or fitness for a particular purpose. NYChaobao sites does not warrant that the digital platforms will be uninterrupted or error-free. NYChaobao sites also does not make any warranties as to the results that may be obtained from use of the digital platforms or as to the accuracy, reliability, or content of any information, service, products, opinions, or statements available on or through the digital platforms or through links on the digital platforms. Use of these digital platforms is entirely at your own risk.
Limitation of Liability
In no event will NYChaobao sites and its directors, officers, or employees be liable for any indirect, consequential, special, incidental, or punitive damages, arising out of the use or inability to use the digital platforms. In no event will NYChaobao sites, its directors, officers, or employees be liable for any amount in excess of $100.
NYChaobao sites, typically display images as part of blog posts written by our editors. The types of images editors are authorized to use on NYChaobao sites include:
- Images licensed from photographic archive vendors
- Images supplied to our editors or released into the public domain by public relations and marketing companies for press purposes
- Reader-submitted images, with the implied representation that the person submitting the image owns the copyright in the image and the right to give it to us for use on our site(s)
- Images published on Flickr or other public photo sites in instances where the photographer has chosen to license their work under the Creative Commons license
- Images commissioned by NYChaobao
- Thumbnail images of 150×150 pixels or less
- Images used to illustrate a newsworthy story under the Fair Use doctrine
- Images where the use is transformative, such as for satire
- Images so widely distributed on the internet that they are deemed to have become part of the public domain
If you think we have published an image or text that infringes your copyright, we will address your concerns; however, if the image falls into one of the categories listed above, we believe that our use of the image is legitimate and we will not remove it from the site.
Please note that we will respond only to notices of alleged infringement that comply with the Digital Millennium Copyright Act. The text of the Act can be found at the U.S. Copyright Office Web Site, http://lcWeb.loc.gov/copyright/
To file a notice of infringement with us, you must provide a written communication (by email with an attached and signed PDF or by fax) that sets forth the items specified below. Please do not send us regular mail, as we may not receive it in a timely fashion. In all cases, if you do not hear a response from us within 10 days of submitting a complaint, please telephone us at 212-653-9175 to confirm that we received your original complaint. Spam blockers sometimes devour important emails from strangers!
To enable us to address your concerns, please provide the following information:
- For each allegedly infringing image or piece of text that you wish to have removed from one of our sites, provide the exact permanent URL for the page containing the material.
- Provide information reasonably sufficient to permit us to contact you: an email address is preferred, as well as a telephone contact number.
- Provide the following information detailing your claim to ownership of the copyright in the allegedly infringing material:
- Proof of copyright in the image or text concerned, namely proof of registration of the Image under the DMCA,OR, absent such registration,
- a detailed description of where the photograph was taken, by whom, who or what the subject of the image is, AND
- Evidence to support your claim that you own the copyright in the image. We will not comply with requests to remove an image where the complainant cannot prove that they own the copyright in the image in question.
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
- Sign the document and fax it to:
(212-686-8998), Attn NYChaobao Legal / DMCA Complaints OR email it to:legal@NYChaobao.com
Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on our sites is infringing your copyrights.
Indeed, in a recent case a company that sent an infringement notification seeking removal of online materials that were protected by the Fair Use doctrine was ordered to pay such costs and attorneys’ fees. The company agreed to pay over $100,000. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.
Please note that a copy of each legal notice we receive will be sent (with your personal information removed) to Chilling Effects for publication.
We also reserve the right to publish your letter on the site(s).