Last Modified: 05/02/2019
- Acceptance of Terms
- Proprietary Rights
- Limited License
- Rules of Conduct
- Submitted Materials
- Products and Transactions
- Rules for Promotions
- Right to Monitor and Editorial Control
- Copyright Notification
- Third Party Content
- Third Party Web Sites
- Unsolicited Submissions
- DISCLAIMER OF WARRANTIES
- LIMITATION OF LIABILITY
- Modification, Waivers, Integration and Termination
- Notice for California Residents
- Jurisdictional Issues
- Governing Law
1. Acceptance of Terms
2. Proprietary Rights
We and/or our respective licensors own all rights, title and interest in and to the Site, and all of the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including, but not limited to, any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership of any content, code, data or materials you may access on the Site. Any commercial distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site, is strictly prohibited unless you have received the express prior permission of YESHIVA or the applicable rights holder.
We, our affiliates and/or our respective licensors or suppliers own the trade names, trademarks and service marks on the Site. All trademarks and service marks on the Site not owned by us or our affiliates are the property of their respective owners. You may not use our trade names, trademarks and service marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any license or right to use any trade names, trademarks or service marks without express prior written consent of the owner.
3. Limited License
4. Rules of Conduct
In using the Site, you agree to obey the law, respect the rights of others and avoid objectionable, defamatory or disruptive behavior. In addition, you will comply with the following rules of conduct, as updated from time to time by us. You will not:
- Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulation or law.
- Post information on or download information from the Site unless You have all rights and authority necessary to do so.
- Use the Site in violation of YESHIVA’s or any third party’s intellectual property or other proprietary or legal rights.
- Use the Site to advertise or offer to sell or buy any goods or services without our express prior written consent.
- Impersonate any person or entity or misrepresent your affiliation with any other person or entity, including, but not limited to, a YESHIVA representative or communicate under a false name or a name you are not entitled or authorized to use.
- Insert any advertising, branding or other promotional content into any of the Site’s content, materials or Services (for example, without limitation, in an RSS feed or a podcast received from YESHIVA or otherwise through the Site), or use, redistribute, republish or exploit such content, materials or Services for any further commercial or promotional purposes.
- Remove any copyright, trademark or other proprietary rights notice from the Site or materials originating from the Site.
- Reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site.
- Attempt to gain unauthorized access to other computer systems through the Site.
- Engage in “spidering,” “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging in or registering on the Site, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Site, including, without limitation, any information residing on any server or database connected to the Site.
- Obtain or attempt to obtain unauthorized access to computer systems, materials, information or any Services made available on or through the Site through any means.
- Interrupt, damage, disable, overburden, or impair the Site or the servers or networks used to make the Site available (including, without limitation, by sending mass unsolicited messages or “flooding” servers with requests), or violate any requirements, procedures, policies or regulations of such networks.
- Use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and/or enjoyment of the Site (including by hacking or defacing any portion of the Site).
- Attempt (or encourage or support anyone else’s attempt) to modify, adapt, translate, circumvent, reverse engineer, decrypt, decompile, disassemble or otherwise alter or interfere with the Site, or any content thereof, or make unauthorized use thereof.
- Obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided through the Site.
- Frame or mirror any part of the Site without our express prior written consent.
- Create a database by systematically downloading and storing all or any Site content, or otherwise harvest, mine or collect or store personal information about others, including, without limitation, e-mail addresses and the content of User profiles.
- Use the Site to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including, without limitation, others’ privacy rights or rights of publicity, or harvest or collect personally identifiable information about other users of the Site. You may express your disagreement with someone’s point-of-view, but personal attacks or attacks based on another person’s race, national origin, ethnicity, religion, gender, sexual orientation, disability or other such condition or circumstance are strictly prohibited.
- Upload, submit, post, transmit, distribute, publish or otherwise make available through or in connection with the Site:
- Anything that is or may be fraudulent, tortious, unlawful, threatening, degrading, hateful, intimidating, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, indecent or otherwise objectionable, including, but not limited to, text, graphics, audio, and video files.
- Anything that would constitute, or encourages conduct that would constitute, a criminal offense, or anything that would give rise to civil liability or otherwise violate any local, state, national or international law.
- Surveys, advertising, junk mail, spam, contests, investment opportunities, chain letters, pyramid schemes, unnecessarily long messages, unnecessary or repetitive posts, multiple ratings for the same item, meaningless text, spamming, offensive declarations or exhortations or other similarly disruptive content.
- Anything that would constitute plagiarism.
- Anything that contains a virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Anything that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking” or “phreaking.”
- Anything that would violate or infringe the rights of third parties, including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right.
- Anything that could constitute or contain false or misleading indications of origin, endorsement or statements of fact.
- Any material non-public information about a company without the proper authorization to do so.
YESHIVA neither endorses your products or services, nor the content of your communications, postings or data, nor assumes any responsibility for any threatening, libelous, obscene, harassing or offensive material contained in such materials, or any crime facilitated by use of the Site.
Violation of any of the above may, at any time without prior notice, result in a warning, temporary limit or suspension or immediate termination of your account or your access to the Site, reporting of your conduct to authorities, or legal action, as may be appropriate in the sole discretion of YESHIVA. You acknowledge that YESHIVA is not responsible for and does not assume any liability for the comments and opinions expressed by users of the Site, including, without limitation, with respect to the aforementioned activities. If you believe your account or your access to the Site has been terminated in error, please contact YESHIVA. YESHIVA shall not have any liability to you or to any third party in respect of any limitation or suspension of your access to the Site.
YESHIVA attempts to create a safe and supportive environment for all individuals by taking measures to prevent offensive behavior. However, YESHIVA cannot and does not monitor the Site at all times and makes no guarantee with respect to your experience. Anyone who feels that a posted message or image is objectionable is encouraged to notify YESHIVA immediately. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
5. Submitted Materials
Site users may submit information and/or materials via or in connection with the Site (including, for example and without limitation, materials that you submit via chat rooms, message boards, blogs, and materials that you send to us via e-mail), including, without limitation, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials (“Submitted Materials”).
By submitting or sending Submitted Materials to us, you warrant and agree that:
- The Submitted Materials do not infringe any intellectual property or other proprietary right (statutory, common law or otherwise) of another person or entity.
- The Submitted Material do not contain any matter that is defamatory, injurious, scandalous, obscene or libelous, that violates another's civil rights or right of privacy, or that is otherwise unlawful.
- You have the right to submit the Submitted Materials to the Site without restriction and grant the rights and licenses described herein.
You hereby grant to YESHIVA a perpetual, non-exclusive, worldwide, irrevocable, sublicensable, transferable, royalty-free and fully paid-up license to use, reproduce, distribute, display, perform, prepare or create derivative works of and otherwise exploit the Submitted Materials, in whole or in part, submitted by you to YESHIVA, for any purpose, in any media formats and through any media channels. You understand and agree, however, that YESHIVA may retain, but not display, distribute or perform, server copies of Submitted Materials that have been removed or deleted.
You may need to register to use any part(s) of the Site. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you are responsible for any use of your user name and password, and you agree to promptly notify us of any confidentiality breach or unauthorized use of your user name and password, or your Site account.
YESHIVA may, from time to time, make available through or in connection with the Site certain features and functionality, such as chat functionality, bulletin boards, profiles, message boards, blogs, other forums and other such features and functionality (“Forums”). Information contained in the Forums may be provided by YESHIVA employees, as well as by third party visitors to the Site. Please note that Site visitors may post messages or make statements in Forums that are inaccurate, misleading or deceptive. We, our affiliates, and our respective employees, faculty, students, affiliated researchers, officers, directors, trustees, committee members, shareholders, agents, representatives, licensors, suppliers and service providers, neither endorse nor are responsible for any opinion, advice, information or statements made in the Forums by third parties. Without limitation, we, our affiliates, and our respective employees, faculty, students, affiliated researchers, officers, directors, trustees, committee members, shareholders, agents, representatives, licensors, suppliers and service providers, are not responsible for any information or materials made available through the Forums (including, without limitation, errors or omissions in Forum postings, or links or images embedded in Forum messages) or results obtained by using any such information or materials. Under no circumstances will we, our affiliates, or our respective employees, faculty, students, affiliated researchers, officers, directors, trustees, committee members, shareholders, agents, representatives, licensors, suppliers or service providers, be liable for any loss or damage caused by your reliance on such information or materials.
The opinions expressed in the Forums reflect solely the opinions of the individuals who submitted such opinions, and may not reflect the opinions of YESHIVA.
In addition, we, our affiliates, and our respective employees, faculty, students, affiliated researchers, officers, directors, trustees, committee members, shareholders, agents, representatives, licensors, suppliers and service providers, have no control over, and shall have no liability for, any damages resulting from the use (including, without limitation, republication) or misuse by any third party of information voluntarily made public through a Forum or any other part of the Site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A FORUM OR OTHERWISE ON THE SITE, YOU DO SO AT YOUR OWN RISK.
12. Copyright Notification
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. YESHIVA does not permit copyright infringing activities and infringement of intellectual property rights on the Site, and will remove content, including, without limitation, Submitted Materials, if properly notified that such content infringes on another's intellectual property rights. If you are a copyright owner or an agent thereof and believe that any user content or other content in any area of the Site infringes upon or otherwise conflicts with your copyrights, you may submit a notification pursuant to the DMCA by providing YESHIVA’s designated Copyright Agent with the following information in writing (see 17 U.S.C. § 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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 that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and an electronic mail 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 the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please contact YESHIVA’s designated Copyright Agent at:
Andrew J. Lauer, Esq.
2495 Amsterdam Avenue, Suite 1001
New York, NY 10033-3201
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to YU through the Feedback/Contact Us area of the Site. You hereby acknowledge and agree that if you fail to comply with all of the requirements listed above, your DMCA notice may not be valid. See http://www.copyright.gov for details.
14. Third Party Web Sites
The Site may provide links to other Web sites or resources. YESHIVA is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. YESHIVA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products or services available on such external sites or resources. YESHIVA provides these links and references to you only as a convenience. Unless otherwise expressly stated, a link does not imply YESHIVA’s endorsement, sponsorship or recommendation of, or affiliation with, the linked site or its content, and YESHIVA does not accept any responsibility therefore. If you would like to link to the Site, please contact YESHIVA by email at firstname.lastname@example.org.
YESHIVA and YESHIVA’s logo and other product and service names of YESHIVA are trademarks of YESHIVA (the “YESHIVA Marks”). You agree not to display, reproduce or otherwise use in any manner any of the YESHIVA Marks without YESHIVA’s prior written permission.
17. Unsolicited Submissions
18. DISCLAIMER OF WARRANTIES
YOUR USE OF THE SITE IS SOLELY AT YOUR RISK. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, PRODUCTS, CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS,” WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, AND ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR USEFULNESS OF ANY CONTENT OR INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES.
WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, OR ANY PRODUCTS, CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE ACCURATE, COMPLETE, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. YESHIVA ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.
ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT THE USER’S OWN DISCRETION AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM YESHIVA OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
WE RESERVE THE RIGHT TO CHANGE ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE USER.
19. LIMITATION OF LIABILITY
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO THE USER. NOTWITHSTANDING THE FOREGOING, YESHIVA’S LIABILITY IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW BUT SHALL, IN NO EVENT, EXCEED THE TOTAL AMOUNT, IF ANY, PAID BY THE USER TO US TO ACCESS AND USE THE SITE.
20. Modification, Waivers, Integration and Termination
Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at: http://kids.getnetwise.org/ and http://onguardonline.gov/. Please note that we do not endorse any of the products or services listed at these sites.
25. Notice for California Residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, please send an e-mail to email@example.com. You may also contact us by writing to Yeshiva University, Attn: Information Security Office, ITS, 2495 Amsterdam Avenue, New York, NY 10033- 3201, or by calling us at (212) 960-5294. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
26. Jurisdictional Issues
We control and/or operate the Site from the United States. The Site is not intended to subject us to non-U.S. jurisdiction or laws. We do not represent that materials on the Site are appropriate or available for use in jurisdictions outside of the United States. If you access the Site, you do so at your own initiative and risk, and you are responsible for compliance with all applicable local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
27. Governing Law
Andrew J. Lauer, Esq.
2495 Amsterdam Avenue, Suite 1001
New York, NY 10033-3201