Last Updated: September 25, 2015
These Terms apply to your access and use of our website located at www.nyas.org and all of our other websites to which these Terms are posted (collectively, the "Website") and any services, content, and features made available by us through the Website (together with the Website, the "Services"). In these Terms, the "Academy," "we," "us," and "our" refer to The New York Academy of Sciences and our affiliates, successors, and assigns, and "you" and "your" refer to any user of the Services.
Acceptance of these Terms
The Services are offered and available to users who are at least 13 years of age or older. By using the Services, you represent and warrant that you are 13 years of age or older. If you are 13 years of age but under 18 years of age, you may use the Services only with permission and supervision of your parent or legal guardian. If you do not meet the foregoing requirements, you must not access or use the Services.
From time to time, we may revise these Terms in our sole discretion, subject to applicable law. When we revise these Terms, we will post the revised version on the Website. You are free to decide whether or not to accept a revised version of these Terms, but accepting these Terms, as revised, is required for you to continue accessing or using the Services. If you do not agree to these Terms or any revised version of these Terms, your sole recourse is to terminate your access and use of the Services. Except as otherwise expressly stated by us, your access and use of the Services are subject to, and constitute your acceptance of, the version of these Terms in effect at the time of your access or use.
In conjunction with your access or use of the Services, you may be subject to additional terms, rules, policies, and conditions ("Additional Guidelines"), which are hereby incorporated by reference into these Terms. In the event of a conflict between any Additional Guidelines and these Terms, these Terms will control.
You agree not to authorize any other person or entity to use your user name, password, or other security information to access the Services. You also agree to ensure that you log out of your Account at the end of each visit to the Website. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your user name, password, or other security information. You are solely responsible for the maintenance, confidentiality, and security of your user name, password, and other security information. Except as otherwise required by applicable law, you are responsible for all transactions and other activities in connection with the Services that are authorized or performed using your user name, password, or other security information, whether authorized or unauthorized by you. Except as otherwise expressly stated in these Terms or required by applicable law, we are not responsible for any losses or damages arising out of the loss or theft of your user name, password, or other security information. If you suspect or become aware of any unauthorized activity or access to your user name, password, or other security information, you must contact us immediately at email@example.com.
Intellectual Property Rights
Except as otherwise provided herein with respect to User Submissions (as defined below), the Services and all related content, features, and functionality, 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 (collectively, "Academy Content"), are owned by the Academy, our licensors, or other providers of such content and are protected by copyright, trademark, patent, trade secret, and other intellectual property rights under United States and foreign laws and international conventions.
Subject to these Terms, you are permitted to access and use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Academy Content, except as follows or as otherwise expressly provided by these Terms or with our prior written consent:
- Your computer may temporarily store copies of Academy Content in RAM incidental to your accessing and viewing such Academy Content.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print and download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
- If we provide desktop, mobile, or other applications for download through the Services, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
- If we provide social media features with certain content through the Services, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any Academy Content.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of Academy Content.
We may, but are not obligated to, monitor your use of the Services.
Without limiting any other provisions of these Terms, if you print, copy, modify, download, or otherwise use, or provide any other person with access to, any Academy Content in breach of these Terms, your right to access and use the Services will cease immediately, and you must, at our direction, return or destroy any such Academy Content. No right, title, or interest in or to Academy Content is transferred to you, and all rights not expressly granted are reserved by the Academy. Any access or use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Use of Academy Content
We may, in our sole discretion, consider your requests to copy or distribute Academy Content, including User Submissions, 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 or our supporters, members, employees, officers, advisors, or partners.
Except as otherwise expressly provided in these Terms, you must obtain our prior written consent if you wish to copy or distribute Academy Content in any medium or format. You may request such consent by contacting us at firstname.lastname@example.org. Please include a complete description of the Academy Content that you would like to copy or distribute, such as the URL of the webpage that contains the Academy Content, 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; and your contact information. We reserve the right to charge a fee for the right to copy or distribute Academy Content and may impose additional limitations on your use of Academy Content.
Links, Frames, and Metatags
You may link to the Website as long as the link does not cast the Academy in a false, misleading, or otherwise unfavorable light or state or imply any form of association, approval, or endorsement between the Academy and such link or other third party or content without our prior written consent.
You may not frame the content of the Website. You may not use metatags or any other "hidden text" that incorporates the Academy's name or Academy Content without our prior written consent.
Social Media Features
The Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on the Website.
- Send emails or other communications with certain content, or links to certain content, on the Website.
- Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed, or appear to be displayed by (for example, framing, deep linking, or in-line linking), on any other website.
- Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may, in our sole discretion, disable all or any social media features and any links at any time without notice.
Links to Other Websites
The Website may contain links to third-party websites or resources that we find interesting and informative and may be of interest to you. These websites are provided for your convenience only. Our inclusion of such links does not imply our endorsement of such third-party websites or resources or any association with their owners or operators. We have no control over the content of such websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites or resources linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites and resources.
You may use the Services only for lawful purposes and in accordance with these Terms. If your access or use of the Services is prohibited by applicable law, then you are not authorized to access or use the Services. We are not responsible if you access or use the Services in any manner that violates applicable law. You agree not to use the Services:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information or otherwise.
- To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail," "chain letter," or "spam" or any other similar solicitation.
- To impersonate or attempt to impersonate the Academy, an Academy employee, another user, or any other person or entity (including, without limitation, by using email addresses or user names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm the Academy or users of the Services or expose us or them to liability.
Additionally, you agree not to:
- Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.
- Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material available through the Services.
- Use any manual process to monitor or copy any of the material available through the Services or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Services.
- Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the servers on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Services.
The Services may now or in the future permit the posting, submission, contribution, publishing, display, or transmission (hereinafter, "posting") of information, multimedia content (including audio and video), photographs and other graphical content, and other materials by you and other users ("User Submissions").
All User Submission will be considered non-confidential and non-proprietary. You understand and acknowledge that you are solely responsible for User Submissions you post. We are not responsible, or liable to any third party, for the content or accuracy of any User Submissions posted by you or any other user of the Services. You affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to the User Submissions you post and to grant the rights herein to such User Submissions; (ii) all User Submissions you post do not and will not infringe or violate the rights of any third party; and (iii) all User Submissions you post do and will comply with these Terms.
You retain all ownership rights in User Submissions you post. However, by posting User Submissions through the Service, you hereby grant the Academy the right, but not the obligation, to edit, remove, modify, publish, license, print, transmit, display, reproduce, or otherwise use such User Submissions in any and all forms of media, whether now known or hereafter devised, worldwide, and in perpetuity for any purpose without notice or compensation to you.
You agree that you will not post any User Submission that: (i) contains falsehoods or misrepresentations; (ii) contains material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, inflammatory, or otherwise objectionable; (iii) promotes sexually explicit or pornographic material, violence, or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age or otherwise encourages conduct that would be considered a criminal offense; (iv) gives rise to civil liability, violates any applicable law, or is otherwise inappropriate; (v) advertises or solicits business; (vi) infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person or entity; or (vii) impersonates another person or entity.
Without undertaking any obligation to screen or monitor User Submissions, we have the right (but not the obligation) to:
- Remove or refuse to post any User Submissions for any or no reason in our sole discretion.
- Take any action with respect to any User Submissions that we deem necessary or appropriate in our sole discretion, including if we believe that such User Submissions violate these Terms, infringe any intellectual property right or other right of any person or entity, threaten the personal safety of users of the Services or the public, or could create liability for the Academy.
- Disclose your identity or other information about you to any third party who claims that User Submissions posted by you violate their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
- To communicate with you via email, postal mail, telephone, or other lawful means to seek further information about User Submissions you post.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any User Submissions through the Services. YOU WAIVE AND HOLD HARMLESS THE ACADEMY AND OUR LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PERSONS DURING OR AS A RESULT OF THE ACADEMY'S INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS THE ACADEMY AND OUR LICENSEES AND SERVICE PROVIDERS OR LAW ENFORCEMENT AUTHORITIES.
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 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Digital Millennium Copyright Act
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law.
Notice of Infringement
If you believe that any materials accessible through the Services infringe your copyright, you may request removal of those materials (or access to them) from the Services by submitting written notification to our copyright agent (designated below). In accordance with the Digital Millennium Copyright Act (the "DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or applicable law.
- A statement that the information in the DMCA Notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
The Academy's designated agent to receive DMCA Notices is:
Executive Director, Science Publications
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity available through the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA. Without limiting any other provisions of these Terms, we may terminate your Account and your access to or use of the Services if you infringe upon third-party copyright rights.
If you believe that material you posted on or through the Services was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
- A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States, for any judicial district in which the Website may be accessed) and that you will accept service from the person (or an agent of that person) who submitted the DMCA Notice for the material at issue.
The Academy's designated agent to receive Counter-Notices is:
Executive Director, Science Publications
If a proper Counter-Notice is received by our copyright agent, we may send a copy of the Counter-Notice to the original complaining party informing that person that we may replace the removed material or cease disabling it in 10 business days. We may, in our discretion, replace or restore access to the removed material and cease disabling access to it in 10 to 14 business days or more after receipt of the Counter-Notice, unless our designated copyright agent first receives notice from the person who submitted the DMCA Notice that such person has filed an action seeking a court order to restrain the owner of the removed material from engaging in infringing activity relating to such material.
Please be aware that if you knowingly materially misrepresent that material or activity available through the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Suspension and Termination
We may, in our sole discretion, modify or terminate the Services by adding or removing features and functionalities, without prior notice or liability to you. In addition, we may, in our sole discretion, suspend, limit, or terminate your Account and your access to or use of the Services for any reason and without notice or liability to you. You may terminate your Account and stop using the Services at any time by notifying us at email@example.com and providing sufficient information for us to verify your identity. Upon the termination of your Account, you must cease all use of the Services. Termination of your Account will not affect any of our rights or your obligations arising under these Terms prior to such termination. Provisions of these Terms that, by their nature, should survive termination of your Account or your termination of these Terms will survive such termination.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to the Website for any reconstruction of any lost data.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS AND USE OF THE SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE THROUGH THE SERVICES ARE AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER THE ACADEMY NOR ANY PERSON ASSOCIATED WITH THE ACADEMY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES OR THAT THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
Limitation of Liability
IN NO EVENT WILL THE ACADEMY, OUR OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, LICENSORS, SERVICE PROVIDERS, OR AGENTS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES OR ANY INFORMATION, PRODUCTS, OR OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
WITHOUT LIMITING THE FOREGOING, IN THE EVENT YOU OR ANY OTHER PERSON OR ENTITY IS ENTITLED TO DIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES OR ANY INFORMATION, PRODUCTS, OR OTHER CONTENT (INCLUDING THAT OF THIRD PARTIES) INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, THE COLLECTIVE LIABILITY OF THE ACADEMY, OUR OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, LICENSORS, SERVICE PROVIDERS, AND AGENTS (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) WILL NOT EXCEED $100.
IN ADDITION TO AND WITHOUT LIMITING ANY OF THE FOREGOING, WE WILL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, ACTS OF TERRORISM, LABOR CONDITIONS, POWER FAILURES, INTERNET DISTURBANCES, OR SERVICES OR SYSTEMS CONTROLLED BY THIRD PARTIES.
THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
The Services are controlled and offered by the Academy from our facilities in the United States. The Academy makes no representations that the Services are appropriate or available for use outside of the United States. If you access or use the Services from other jurisdictions, you do so at your own volition and risk and are responsible for compliance with local laws.
You agree to indemnify, hold harmless, and (at our request) defend the Academy, our affiliates, licensors, and service providers, and our and their respective officers, members, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns 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 out of or related to your violation of these Terms or your use of the Services, including, but not limited to, User Contributions you post, any use of the Academy Content other than as expressly authorized by these Terms, or your use of any information obtained from the Website. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate in asserting any available defenses.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior written consent, but may be assigned by the Academy without restriction and without your prior written consent. Any attempted transfer or assignment by you without our prior written consent will be null and void.
Waiver and Severability
No waiver by the Academy of any term or condition set forth in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Academy to assert a right or provision under these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the affected provision, if possible, and all other provisions of these Terms will continue in full force and effect.
All matters relating to the Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction). To the maximum extent permitted by applicable law, 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.
Entire Agreement and Other General Terms
We may send notices and other communications regarding the Services to you at the email address you provided during your Account registration, as may be updated by you from time to time. You may change your email address by revising your Account profile on the Website. Except as otherwise allowed or provided by applicable law, you will be considered to have received a notice from us regarding the Services when we send it to the email address we have in our records for you or when we post such notice on the Website. All notices to us that are intended to have a legal effect must be in writing and delivered either (i) via email to firstname.lastname@example.org or (ii) in person or by a means evidenced by a delivery receipt to the following address: The New York Academy of Sciences, 7 World Trade Center, 250 Greenwich Street, 40th Floor, Attn: Customer Service. All such notices are deemed effective upon documented receipt by us.
If you have any questions regarding these Terms or the Services, please contact us at email@example.com.
Version 2.0 effective September 25, 2015 to present