Use of our Service
WiredScore provides a place for landlords to share information about the broadband connectivity in buildings, and allows users of the website to review and comment on the broadband in buildings as well.
Eligibility: You may use the Service only if you can form a binding contract with WiredScore , and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. The Service is not available to any Users previously removed from the Service by WiredScore.
WiredScore Service: Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. WiredScore reserves all rights not expressly granted herein in the Service and the WiredScore Content (as defined below). WiredScore may terminate this license at any time for any reason or no reason.
WiredScore Accounts: Your WiredScore account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a WiredScore account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to WiredScore with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify WiredScore immediately of any breach of security or unauthorized use of your account. WiredScore will not be liable for any losses caused by any unauthorized use of your account.
You may control your User profile and how you interact with the Service by changing the settings in your Settings page. By providing WiredScore your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers.
Service Rules: We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other WiredScore Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. WiredScore shall have no liability for your interactions with other Users, or for any User’s action or inaction.
WiredScore will collect the following types of information (“User Content”) related to Users:
Information provided by Users directly: By registering an account on the Wired Certification website (wiredscore.com) or providing data to WiredScore via email, WiredScore asks for certain User Content such as the User’s first and last name, phone number, email address, building borough-block-lot #’s, rentable square footage, building name, username, and password. Users also provide detailed information about the broadband capabilities of their building though the Wired Certification survey assessment process, either online or via an excel tool. WiredScore uses this information to operate, maintain, and provide the features and functionality of the Wired Certification program.
We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, by sharing User Content through the Service, you agree to allow others to view and/or share your User Content in accordance with your settings and this Agreement. WiredScore has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current . You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. WiredScore reserves the right, but is not obligated, to reject and/or remove any User Content that WiredScore believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
WiredScore takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service, or any action you take in reliance on any User Content posted by another User. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that WiredScore shall not be liable for any damages you allege to incur as a result of User Content.
Information WiredScore receives from the New York City government: WiredScore receives information from the New York City government and various city agencies such as the Department of Finance related to Users. This information is publicly accessible today and may likely include any of the public data on file in the Department of Finance Tax Assessment Roll database related to the Users’ buildings, including year built, # of floors, square footage, address, and other basic building information. Any inaccuracies the User finds in the data provided by the NYC Department of Finance or other third parties should be corrected by contacting those 3rd parties directly.
Sharing of Users’ Information
WiredScore will not share a User’s information with third parties without the User’s consent, except as noted below:
Who the User agrees to share information with: Any information or content that the User voluntarily discloses for posting to the Wired Certification website through acceptance of this agreement, such as survey data or information on a building’s profile page on the Wired Certification website, becomes available to the public to be searched for and viewed. The User can change privacy settings by contacting the Wired Certification Administrators at [email protected] or changing settings directly on the Wired Certification website by adjusting account settings. If the User removes information previously posted to the website, copies may remain viewable in cached and archived pages of the website, or if other users have copied or saved that information.
Information collected through the Wired Certification initiative will be provided in Application Programming Interface (“API”) format to the New York City Economic Development Corporation (“NYCEDC”). The NYCEDC retains the right to make this information available to the public and accessible through various New York City government websites, pursuant to NYC Open Data legislation – Local Law 11 of 2012 (http://www.nyc.gov/html/doitt/html/open/local_law_11_2012.shtml) and the Department of Information Technology & Telecommunications (“DoITT”) Open Data Policy and Tech Standards.
What happens in the event of a change of control: In the event of a change of control of the Wired Certification Initiative, the User’s information such as survey responses and building profile information may be transferred to a new managing entity.
Instances where WiredScore is required to share the User’s information: WiredScore will disclose the User’s information where required to do so by law or subpoena or if WiredScore reasonably believes that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) to protect the security or integrity of WiredScore’s service; and/or (c) to exercise or protect the rights, property, or personal safety of WiredScore, WiredScore’s users or others.
Keeping the User’s information safe: WiredScore cares about the security of the User’s information, and uses commercially reasonable safeguards to preserve the integrity and security of all information collected through Wired Certification. To protect the User’s privacy and security, WiredScore utilizes a two-stage registration process (it includes both requesting a unique password and sending an identity validation email to the User’s account) to verify the User’s identity before granting account access. The User is responsible for maintaining the secrecy of the unique password and account information, and for controlling access to email communications from WiredScore, at all times. However, WiredScore cannot ensure or warrant the security of any information the User transmits to WiredScore or guarantee that information on the service may not be accessed, disclosed, altered, or destroyed. WiredScore is not responsible for the functionality or security measures of any third party.
Compromise of information: In the event that any information under WiredScore’s control is compromised as a result of a breach of security, WiredScore will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
Control of account information and settings: Users may update their account and survey info at any time by logging in to their account and changing the data reflected. If the User has any questions about reviewing or modifying information, WiredScore can be contacted directly at [email protected]
Paid Services: Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms, as we may update them from time to time. WiredScore may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion.
No Professional Advice: If the Service provides professional information (for example, legal, financial, real estate, or telecom-related), such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service, and no fiduciary or privileged relationship exists between you and WiredScore. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area.
Security: WiredScore cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
Indemnity: You agree to defend, indemnify and hold harmless WiredScore, BPP, its members, agents, employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorneys’ fees) arising from: (1) your use of and access to the WiredScore website; (2) your violation of any term of these Terms and Conditions; (3) your violation of any third party right, including without limitation any patent, trademark, copyright, property, or privacy right; (4) any claim that one of your submitted ideas, reviews, comments, posts or opinions caused damage to a third party; (5) any action you take on or through WiredScore; (6) any improper or illegal use of your password. This indemnification provision will survive these Terms and Conditions and your use of the WiredScore site.
Disclaimers: Your use of the site is at your own discretion and risk. WiredScore makes no warranties or representations, either express or implied, as to the accuracy, validity, timeliness or completeness of any material or information contained on the site or their suitability for a particular purpose. We do not provide any express warranties or representations and to the fullest extent allowable by law, we disclaim any and all implied warranties, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement. We specifically disclaim any liability or responsibility for any error or omissions in the content of the site.
The award by WiredScore of its Wired Certification, the use by Building Owner of a Wired Certification in any of Building Owner’s marketing or other materials, and the listing of Building Owner’s premises on any websites of WiredScore, including WiredScore.com, shall not be construed as an endorsement by WiredScore of the premises for any purposes, or a warranty by WiredScore to any person that the facts and circumstances provided to WiredScore by Building Owner in connection its request for a Wired Certification were or are true, complete or correct. No person may rely upon WiredScore’s issuance of a Wired Certification to Building Owner for any purpose.
WiredScore makes no claims or promises about the quality or accuracy or reliability of the user profiles or user reviews. As such, WiredScore is not liable to you for any loss or damage that might arise from reliance on the quality, accuracy or reliability of the user profiles, ratings or reviews. WiredScore is not liable to third party building or property owners whose buildings are listed on the site and whose business is in any manner affected by the rating or user reviews or comments.
WiredScore makes no claims or promises regarding the conduct of third parties. As such, we are not liable for any loss or damage that might arise as a result of third party action, including, but not limited to, negative user review, negative experiences with one of the businesses listed on the site or misuse of your content or identity.
WiredScore does not have any obligation to verify the identity of the users subscribing to our site, nor does it have any obligation to monitor the use of its site by users; therefore, WiredScore disclaims all liability for identity theft or any other misuse of your identity or information.
Limitation of Liability: Neither WiredScore nor any other party involved in creating, producing, or delivering the Service is liable for any damages, in any event including consequential, incidental or special damages arising out of your access to, or use of, or inability to use or access, the Service. In no event shall we be liable for damage incurred as a result of materials or information infringing third parties’ rights, or for inaccurate, invalid or illegal materials or information.
We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing on the Service or your downloading of any materials, data, text, images, video, or audio from the Service.
Your sole and exclusive right and remedy in case of dissatisfaction with the Service is your discontinuation and termination of access to and use of the Service. If you have a complaint about the Service, please contact [email protected].
WiredScore disclaims all liability for any of the following: (1) indirect, special, incidental, punitive, exemplary, reliance or consequential damages, (2) loss of profits, (3) loss or damage to business reputation, or (3) loss of information or data.
Governing Law: New York law will govern the Terms and Conditions and any claim, cause of action or dispute that might arise between you and WiredScore, without regard to conflict of laws provisions. Severability: If any provision of these Terms and Conditions shall be rendered invalid, or unenforceable the remainder of this Agreement shall be valid and enforced to the fullest extent permitted by law.
Entire Agreement: These Terms and Conditions contain the entire agreement between you and WiredScore regarding the use of the Service. The User and WiredScore each acknowledge that they are not relying on any representation made but not expressly provided in these Terms and Conditions.
Waiver: Any failure on our part to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
Assignment: The Terms and Conditions are not assignable, transferrable or sub-licensable by you except with WiredScore’s express written consent, but may be assigned or transferred by us without restriction.
DMCA Policy: WiredScore has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of the Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy. Procedure for Reporting Copyright Infringement: If you believe that material or content residing on or accessible through WiredScore’s websites or services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; Identification of works or materials being infringed; Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Fathom is capable of finding and verifying its existence;
Contact information about the notifier including address, telephone number and, if available, e-mail address; A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner. Please contact the Designated Agent to Receive Notification of Claimed Infringement for Company at [email protected].