1. RULES REGARDING INFORMATION AND OTHER CONTENT. When You access the Site and/or Services, You obtain access to various kinds of information and materials, all of which we call “Content.” You understand and acknowledge that Organization and/or its licensors own all intellectual property and proprietary rights to the Content we provide on the Site plus any software, code and/or systems in the Site (collectively, “Our Property”). Our Property may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Property. Our Property includes certain of the names, logos, and other materials displayed on the Site or in the Services constitute trademarks, tradenames, service marks or logos (“Marks”) of us or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therewith remains with us or those other entities.
Content also includes information and materials posted to the Site or through the Services by You. As between You and us, You retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that You post to the Site or through the Services. You grant us a non-exclusive, royalty-free, fully paid, fully sublicenseable, worldwide license, under any and all of Your intellectual property rights related to that Content, to the extent necessary for us to provide the Services. You also authorize us to sublicense those rights to our contractors who help us provide the Services. You agree not to revise Content posted by others, and You represent and warrant that You will not post or use any Content in any manner that:
- Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
- violates the privacy, publicity, or other rights of third parties;
- is discriminatory, defamatory, obscene, threatening, abusive, or hateful, as determined by Organization in its sole discretion; or is false or inaccurate.
2. GENERAL RULES OF USER CONDUCT. It is our goal to make access to our Site and Services a good experience for all of our users. You agree not to, and represent and warrant that You will not, reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Services, use the Site or Services or access the Site or Services for any purposes other than for which the Site or Services are being provided to You, or do any of the following:
- Conduct or promote any illegal activities while using the Site or Services;
- upload, distribute or print anything that may be harmful to minors;
- attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
- attempt to gain access to secured portions of the Site or Services to which You do not possess access rights;
- upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
- use the Site or Services to generate unsolicited email advertisements or SPAM; allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (SPAM);
- use the Site or Services to stalk, harass or harm another individual;
- use any high volume automatic, electronic or manual process to access, search or harvest information from the Site or Services (including without limitation robots, spiders or scripts);
- interfere in any way with the proper functioning of the Site and Services or interfere with or disrupt any servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services;
- impersonate any person or entity, or otherwise misrepresent Your affiliation with a person or entity; or
- frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages.
4. MODIFICATIONS TO THE SITE OR SERVICES. We reserve the right to modify or discontinue the Site or Services with or without notice to You. We will not be liable to You or any third party should we exercise our right to modify or discontinue the Site or Services. If You object to any such changes, Your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate Your acknowledgement of such changes and satisfaction with the Site or Services as so modified.
7. DURATION OF ACCESS. You agree that Organization, in its sole discretion, may immediately terminate Your access to the Site and the Services at any time, for any reason, in its sole discretion. You agree that we will not be liable to you or any other party for any termination of your access to the site or the services or deletion of your user content.
8. DISCLAIMER OF WARRANTIES. You expressly agree that use of the site or the services is at Your sole risk. Both the site and the services are provided by organization on an “as is” and “as available” basis. Organization expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular use or purpose, non-infringement, title, operability, condition, quiet enjoyment, value, accuracy of data and system integration. Organization makes no warranty that the site or the services will meet Your requirements, or that the site or the services will be uninterrupted, timely, secure, or error free; nor does organization make any warranty as to the results that may be obtained from the use of the site or the services or that defects in the site or the services will be corrected. You understand and agree that any material or information downloaded or otherwise obtained through the use of the site or the services is done at Your own discretion and risk and that You will be solely responsible for any damage to Your computer services or loss of data that results from the download of such material and/or information.
9. LIMITATION OF LIABILITY. You acknowledge and agree that we are only willing to provide access to the site and to provide the services if You agree to certain limitations of our liability to You and to third parties. You understand that to the extent permitted under applicable law, in no event will organization or its officers, employees, directors, parents, subsidiaries, affiliates, agents or licensors be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, lost opportunities, or business interruptions or other intangible losses (even if such parties were advised of, knew of or should have known of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), arising out of or related to Your use of or access to, or the inability to use or to access, the site or the services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise. We will not be liable for any damages arising from the transactions between You and third parties or for any information appearing on third party sites. In no event will organization be liable to You or any third party in connection with any act or omission of any user. If You are dissatisfied with any portion of the site or the services, Your sole and exclusive remedy is to discontinue use of the site and the services. The total liability of organization to You for any particular claim arising from or related to the site or the services is limited to five dollars (U.S. $5.00). Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to You. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
To the extent the law permits, You release us from any claims or liability related to any content posted on the site or through the services and from claims related to the conduct of any user.
Without limiting the foregoing, under no circumstances shall organization or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
11. LINKING TO THE SITE. You may provide links to the Site, provided that You (a) do not remove or obscure, by framing or otherwise, advertisements, proprietary notices, or other notices on the Site, and (b) discontinue providing links to the Site immediately upon our request.
12. COPYRIGHTS VIOLATIONS. We respect the intellectual property of others, and we ask You to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that You claim has been infringed;
- a description of where the material that You claim is infringing is located on the Site or the Services;
- Your address, telephone number, and e-mail address;
- a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
Please send notices of claims of copyright infringement on the Site or the Services to 119 W 24th Street New York, NY 10011 or email address ([email protected]).
15. LAST UPDATED. Nov 20, 2018