Welcome to the Web Site of the New York Academy of Sciences (the "Site"). Please read these terms and conditions of use of this Site, including the related privacy statement, carefully.
BY ACCESSING, VISITING, VIEWING, TRANSMITTING, STORING OR OTHERWISE USING THIS SITE, YOU AGREE TO THESE TERMS CONDITIONS, AS WELL AS THE TERMS OF OUR PRIVACY STATEMENT, WITHOUT MODIFICATION. IF YOU DO NOT AGREE ON THESE TERMS, PLEASE DO NOT USE THE ACADEMY SITE.
From time to time we may revise these terms and conditions, including our online privacy statement, so be sure to check these pages occasionally. If we do make material changes, we will note that on our site in an appropriate place and provide a link to the revised User Agreement. When you continue to use the Site after we make a modification, it means you agree to our new terms and conditions.
These terms and conditions apply to all users of the Site, including users who are contributors of content, information, and other materials or services on the site ("Contributors"). You understand that the Academy has no control over, and assumes no responsibility for, Contributors' content. By using the Site, you expressly relieve the Academy from any and all liability arising from your use of any Contributors' content.
Online Privacy Statement
Please review our Privacy Statement, which is part of these terms and conditions and describes how the Academy handles personally identifying information about you and other users of the Site.
The Academy hereby grants you permission to use the Site as set forth in these terms and conditions, provided that: (i) your use of the Site is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Site in any medium without the Academy's prior written authorization; (iii) you will not alter or modify any part of the site other than as may be reasonably necessary to use the site for its intended purpose; and (iv) you will otherwise comply with the terms and conditions contained herein.
Intellectual Property Rights
The content on the Site, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein ("Academy Content"), are owned by or licensed to the Academy, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
You agree to not engage in the use, copying, or distribution of any of the Academy Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions for any commercial purposes. If you download or print a copy of the Academy Content for personal use, you must retain all copyright and other proprietary notices contained therein. You also agree not to circumvent, disable or otherwise interfere with security related features of the Site.
The Site may now or in the future permit the submission of information, multimedia content (including audio and video), photographs and other graphical content, and other materials by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with your User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Academy to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these terms and conditions; and (ii) you have the written consent, release, and/or permission of any third party with rights related to your User Submissions.
You retain all ownership rights in your User Submissions. However, by contributing your User Submissions, you hereby grant the Academy the right, but not the obligation, to edit, remove, modify, publish, license, print, transmit, display or otherwise use those User Submissions in any and all forms of media, whether now known or hereafter devised, worldwide and in perpetuity without notice or compensation to you. Without limiting the foregoing, you also authorize the Academy to collect, process, use and display your User Materials for any lawful purpose, to store your User Submissions and to transmit them to various locations, either directly or indirectly, throughout the world, whether within your country of residence, the United States or elsewhere and to contact you regarding your User Submissions.
You agree that you will not: (i) submit material that is copyrighted or otherwise subject to third-party proprietary rights unless you are the owner of such rights or have permission from their owner to post them and grant all rights granted hereunder; (ii) publish falsehoods or misrepresentations,; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person.
You also agree that by providing your User Submission, you understand that the Academy will make all information contained within your submission, including any personally identifying information such as name, postal and e-mail address, telephone number, etc., available to all users of the site, unless you indicate otherwise, and that users might use such information to contact you directly.
You further give the Academy express permission to use the information you have provided to communicate with you via e-mail, postal mail, telephone or other appropriate means to seek further information about your submission, provide you with updates on Site or Academy activities, or for other appropriate informational, advisory or communications purposes.
DMCA and Infringing Materials
If you are a copyright owner and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing us with the following information in writing:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed;
(iii) Identification of the material that is claimed to be infringing and that is to be removed
(iv) Information reasonably sufficient to permit the Academy to locate the material;
(v) Your contact information;
(vi) A statement that you believe in good faith belief that use of the material in the manner complained of is not authorized by the copyright owner or the law; and
(vii) A statement that the information in your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
The Academy's designated agent to receive notifications of claimed infringement is:
Online Marketing Manager
The New York Academy of Sciences
7 World Trade Center, 40th Floor
250 Greenwich St., New York, NY 10007
212-298-8636 | firstname.lastname@example.org
Only DMCA notices should go to this person. Any other feedback, comments, requests for technical support, and other communications should be directed to:
The New York Academy of Sciences
7 World Trade Center, 40th Floor
250 Greenwich St., New York, NY 10007
The Academy does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions. YOU SPECIFICALLY ACKNOWLEDGE THAT THE ACADEMY SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Removal; Limits on Access
The Academy, in its discretion, may remove User Materials to prevent copyright infringement or for any other reason without prior notice. The Academy also may terminate your access to the Site for any reason and without notice.
Disclaimers and Limitation of Liability
IN NO EVENT SHALL THE ACADEMY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (1) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR ACCESS TO AND USE OF THE ADADEMY WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT MADE AVAILABLE THROUGH THE ACADEMY SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR THE ACADEMY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Site is controlled and offered by the Academy from its facilities in the United States of America. The Academy makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Reuse of Academy Content
We will consider requests to copy or distribute materials that appear on the Site, including User Submissions (the "Academy Content"), in print and online format only for the following non-commercial purposes: research, teaching and private study. Such use may neither state nor imply any formal or official relationship between you and the Academy, its supporters, staff, officers, advisors or partners.
You must obtain written permission in advance if you wish to reproduce Academy Content in any medium or format. You can request this permission by contacting the site webmaster at email@example.com. Please include a complete description of the Academy Content requested, such as the URL of the web page that contains it, a description of the sections or paragraphs that will be distributed, and, where applicable, the title and date of the Academy Content; a description of the intended audience; a description of the manner of distribution; the length, retail price, and approximate size of first printing or circulation that will include the Academy Content; a description of the geographic scope of the distribution and the length of time for which rights are being requested, a reply fax number and phone number. We grant only non-exclusive licenses. We reserve the right to charge for the right to reuse of Academy Content in a way that we deem to be a reprint, in accordance with our licensing, permissions and reprint policies.
Links, Frames and Metatags
You may link to the Academy's home page as long as the link does not cast the Academy in a false, misleading or otherwise unfavorable light or state or imply a formal relationship with the Academy unless such a relationship officially exists.
You may not frame the content of the Site. You may not use metatags or any other "hidden text" that incorporates the Academy's name or trademarks without Academy written consent.
Links to Other Web Sites
The Site contains links to other websites that we find interesting and informative and may be of interest to you. These sites are unrelated to the Academy and the Academy has no control over them or their content. When you link to any such site, it is governed by its own user agreement and privacy statement, which you should be sure to read.
The Academy serves the right to terminate the Site and these terms and conditions at any time without notice for any reason, including for your violation of any of its provisions, but the limitation of liability and governing law sections of these terms and conditions survive any termination.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms and conditions and to abide by and comply with them.
You agree to defend, indemnify and hold harmless the Academy, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Site; (ii) your violation of these terms and conditions; (iii) your violation of any third party right, including without limitation any intellectual property right; or (iv) any claim that your User Submissions caused damage to the Academy or any third party. This obligation will survive these terms and conditions and your use of the Site.
These terms and conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Academy without restriction.
These terms and conditions, which constitute an agreement between us, are 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 and County of New York and waive any jurisdictional, venue or inconvenient forum objections to such courts.
These terms and conditions, together with those incorporated or referred to herein (including the online privacy statement), constitute the entire agreement among us relating to the subject matter herein and supersede any prior understandings or agreements, whether oral or written, regarding this subject