PLEASE READ THESE TERMS OF USE CAREFULLY AS IT IS A BINDING CONTRACT AND CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL OBLIGATIONS. Welcome to the web site of Scientists Without BordersSM ("SWB"), a program and initiative of the New York Academy of Sciences (the "Academy" or "We") BY ACCESSING, VISITING, VIEWING, TRANSMITTING, BOOKMARKING, OR OTHERWISE USING THIS SITE, YOU AGREE TO THESE TERMS OF USE, AS WELL AS THE TERMS OF OUR PRIVACY POLICY, WITHOUT MODIFICATION. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE.

USERS OF THE WEB SITE
These Terms of Use apply to all users of our web site and related services (collectively "Web Site"), including users who are contributors of User Content (defined below), information, or other materials on the site ("Users"). This Web Site is intended solely for Users who are eighteen (18) or more years of age, or emancipated minors, or possess legal parental or guardian consent, and are fully able and, in every case, competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use and to comply with them.

OUR PRIVACY POLICY IS A PART OF THESE TERMS OF USE
These Terms of Use include and incorporate by reference our Privacy Policy. By agreeing to these Terms of Use, you agree to abide by the terms of our Privacy Policy. Please review our Privacy Policy by clicking on the link below. Click here to view our Privacy Policy

CHANGES TO THESE TERMS OF USE
These Terms of Use may be revised periodically and this will be reflected by the "Date Last Modified" above. For material revisions to these Terms of Use, we will attempt to give you notice of the specific changes to these Terms of Use by posting this information prominently on the Web Site, sending you an e-mail, or any other means that we deem appropriate. It is your responsibility to regularly check the Web Site and this page to determine if there have been any changes to these Terms of Use. Your continued use of the Web Site constitutes your agreement to these Terms of Use and any future revisions.

YOUR REPRESENTATIONS AND WARRANTIES
By using the Web Site, you represent and warrant that: (a) all account information you submit is truthful, complete, and accurate and you will maintain the accuracy of such information; (b) you are at least eighteen (18) years of age or older; (c) your use of the Web Site does not and will not violate any applicable law; (d) you own the User Content Posted (defined below) by you on or through the Web Site or otherwise have the right to grant the license set forth in these Terms of Use; and (e) the Posting of your User Content on or through the Web Site or any materials of any kind submitted through your account or otherwise Posted, transmitted, or shared by you on or through the Web Site will not violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contain libelous, defamatory or otherwise unlawful material.

OWNERSHIP AND RIGHTS IN CONTENT
What We Own in Connection with the Web Site
The content on the Web Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the Trademarks (defined below) 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. Scientists Without BordersSM and Scientists Without BordersSM distinctive logo and other Academy graphics, logos, designs, scripts, page headers, screen icons and service names are service marks, trademarks or trade dress (collectively "Trademarks") of the Academy in the United States and/or other countries. The Academy Content may not be used, including as part of Trademarks or domain names, in connection with any other product or service or in any manner that is likely to cause confusion, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Academy.

What You May Own in Connection with Your Use of the Web Site
We do not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, personal information, or any other materials that you or any other User Posts to the Web Site (collectively, "User Content"). After Posting your User Content to the Web Site, you continue to retain all ownership rights, if any, that you may have in such User Content, subject to the license you grant to us in these Terms of Use. What We Can Do with the User Content You Post on the Web Site By submitting, sending, displaying or otherwise publishing ("Posting") any User Content on or through the Web Site, you hereby grant to the Academy and its Users a worldwide, perpetual, irrevocable, non-exclusive, royalty free, limited license (with the right to sublicense) to use, modify, publicly perform, publicly display, reproduce, distribute, reformat, translate, make derivative works based on, excerpt (wholly or in part) such User Content in connection with goals and objectives of the SWB initiative. This includes, but is not limited to, use by the Academy in marketing, promotional or fundraising materials. We may delete any User Content that in our sole judgment violates these Terms of Use or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person or which is in any way inappropriate. However, we assume no responsibility for monitoring the Web Site for inappropriate User Content or to modify or remove any inappropriate Content, although we may do so. We reserve the right, in our sole discretion, to reject, refuse to Post or remove any Posting by you, or to restrict, suspend, or terminate your access to all or any part of the Web Site at any time, with or without prior notice and without liability.

Subject to your right to opt-out of receiving communications from the Academy as described in our Privacy Policy, you give the Academy express permission to use the information you have provided through the Web Site to communicate with you via e-mail, postal mail, telephone or other appropriate means to seek further information about your Posting, provide you with updates on the Web Site, SWB or the Academy activities, or for other appropriate informational, advisory, or communications purposes.

Uses You Can Make of the Web Site and Our Content
We hereby grant you a limited, revocable, license (or sublicense, as applicable) to reproduce display, perform, and modify (excluding any software code) the Academy Content, content licensed by the Academy from third parties, and User Content of other Users, solely for your personal, non-commercial use in connection with using the Web Site or for research, teaching, private study, and activism. Such use may neither state nor imply any formal or official relationship between you and the Academy, its supporters or partners, without their prior written permission.

You must obtain written permission in advance if you wish to reproduce any Academy Content for any reason not specified in the immediately preceding paragraph. You can request this permission by contacting Evelyn Strauss, PhD, at estrauss@nyas.org. Please include a complete description of Academy Content requested, such as the URL of the web page that contains it, a description of the sections or paragraphs that are requested to be used, and, where applicable, the title and date of 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.

The license granted under these Terms of Use does not permit the use of any data mining, robots, web scraping software, or similar data gathering or extraction methods. If you download or print any content from the Web Site, you must retain all copyright and other proprietary notices contained therein. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. You also agree not to circumvent, disable or otherwise interfere with security related features of the Web Site.

USER CODE OF CONDUCT
You agree not to use the Web Site in violation of the following Code of Conduct: 1. Use the Web Site in any unlawful manner or in any manner that could damage, disable or impair the Web Site or performance of the Web Site; 2. Use automated scripts to collect information from or otherwise interact with the Web Site; 3. Harvest or collect e-mail addresses or other contact information of other Users from the Web Site by electronic or other means for any purpose; 4. Upload, transmit, post, share, store or otherwise make available any content that we deem to be actually or potentially harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, pornographic, obscene, fraudulent, hateful, invasive of privacy or publicity rights or racially, ethnically or otherwise objectionable; 5. Upload, transmit, post, share, store or otherwise make available any videos other than those of a personal nature that: (i) are taken by you with permission from those appearing in the video, or (ii) are original works of art or animation created by you; 6. Impersonate any person, firm or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person, firm or entity; 7. Upload, transmit, post, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, "spam," chain letters, "pyramid schemes," or any other form of solicitation; 8. Sign-up or register for more than one User account; 9. Upload, transmit, post, share, store or otherwise make publicly available on the Web Site any private information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers; 10. Solicit passwords or personally identifying information for commercial or unlawful purposes; 11. Upload, transmit, post, share or otherwise make available any material that contains software viruses or malicious code, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 12. Intimidate, harass or annoy any other User; 13. Upload, transmit, post, share, store or otherwise make available content that would constitute, encourage or provide instructions for any violent or criminal act, violate the rights of any person, firm or entity, or that might otherwise create liability for the Academy, or violate any local, state, national or international law; 14. Use or attempt to use any other person's account, service or system without authorization from the Academy, or create a false identity on the Web Site. 15. Upload, transmit, post, share, store or otherwise make available content that, in the sole judgment of the Academy, is objectionable or which restricts or inhibits any other person from using or enjoying the Web Site, or which may expose the Academy or its Users to any harm or liability of any type.

INTERACTIONS WITH OTHER MEMBERS
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor your communications or disputes with other Users on the Web Site. The Academy may take any action that it feels, in its sole discretion, may be appropriate and consistent with these Terms of Use, including the termination of the membership of one or more Users.

SECURITY AND YOUR OBLIGATIONS REGARDING YOUR PASSWORD
Although we will take reasonable measures to protect your information and User Content, please be aware that no security measures are perfect or impenetrable. Hardware or software failures, unauthorized use, hacking, unlawful conduct, actions of third parties, and other factors may lead to a security breach. We cannot control the actions of other Users or third parties. Therefore, we cannot and do not guarantee that the User Content you post on the Web Site or information that you provide to us will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Web Site. When you sign-up to become a User, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another User at any time or to disclose your password to anyone else. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account and for any actions that take place using your account.

OUR COPYRIGHT POLICY
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior consent of the owner of such proprietary rights. We reserve the right to terminate the account privileges of any User who infringes the copyright rights of others.

We abide by the federal Digital Millennium Copyright Act ("DMCA") by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. If you have reason to believe that any materials on the Web Site are infringing of the right(s) owned by you or someone else, for whom you have authority to act, please follow the notice and takedown procedures described below. As part of our response, we may remove or disable access to material residing on this web site that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA.

Before serving either a notice of infringing material or counter-notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with our rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute legal advice.

Notice of Infringing Material
To file a notice of infringing material on our Web Site, please provide a notification containing the following details:

1.Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, URL);
2.Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material);
3.Your contact information so that we can contact you (for example, your name, your address, telephone number, e-mail address);
4.A statement that you have a good faith belief that the use of the material identified in (2) is not authorized by the copyright owner, its agent, or the law;
5.A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
6.Your physical or electronic signature.


You must send this notice by mail, fax, or e-mail to:

By Mail:
William M. Silberg
Vice President, Publishing and Communications
The New York Academy of Sciences
7 World Trade Center, 40th Floor
250 Greenwich St.
New York, NY 10007

By Fax: Attn: William M. Silberg
Fax No: 212.298.3656

By E-mail: Attn: William M. Silberg
E-mail: bsilberg@nyas.org

Counter-Notification
If material that you have Posted to our Web Site has been taken down, you may file a counter-notification that contains the following details:

1.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 disabled;
2.A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
3.Your contact information so that we can contact you (for example, your address, telephone number, e-mail address);
4.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 your address is outside of the United States, for any judicial district in which the Academy may be found and that you will accept service of process from the person who submitted a notice in compliance with the DMCA, as generally described above; and
5.Your physical or electronic signature.


You must send this notice by mail, fax, or e-mail to:

By Mail:
William M. Silberg
Vice President, Publishing and Communications
The New York Academy of Sciences
7 World Trade Center, 40th Floor
250 Greenwich St.
New York, NY 10007

By Fax:
Attn: William M. Silberg
Fax No: 212.298.3656

By E-mail:
Attn: William M. Silberg
E-mail: bsilberg@nyas.org

LINKS, FRAMES AND METATAGS
You may link to the Web Site as long as the link does not cast the Academy or SWB in a false, misleading, or otherwise unfavorable light. Please provide advance notice of such linking by contacting:

Evelyn Strauss, PhD
Executive Director, Scientists Without Borders
7 World Trade Center, 40th Floor
250 Greenwich St.
New York, NY 10007
estrauss@nyas.org

You may not frame the contents of the Web Site. You may not use metatags or any other "hidden text" that incorporates Academy's name or Trademarks without obtaining prior written consent.

LINKS TO OTHER WEB SITES
The Web Site may contain links to other web sites. These sites are unrelated to the Academy and the Academy has no control over them or their content. Inclusion of any linked web site on the Web Site does not imply approval or endorsement of the linked web site by the Academy and vice versa. If you access these third party web sites, you do so at your own risk.

TERMINATION
We reserve the right to terminate your access to the Web Site or any part thereof at any time without notice for any reason. The limitation of liability, indemnity, your license grant to the Academy, and governing law sections of these Terms of Use will survive any termination.

DISCLAIMERS
THE WEB SITE AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED "AS-IS" AND AS AVAILABLE AND THE ACADEMY EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE (i) ANY SPECIFIC RESULTS FROM USE OF THE WEB SITE, PARTICIPATION IN ANY ACTIVITIES RELATED TO THE USE OF THE WEB SITE, OR THE SERVICES; OR (ii)THAT THE MATERIALS ON THE SITE SHALL BE ERROR-FREE, OR FREE OF ALL VIRUSES OR OTHER HARMFUL COMPONENTS.

The Web Site may be temporarily unavailable from time to time for maintenance or other reasons. We are not responsible for any technical malfunctions, conduct of any Users (whether online or offline), third party materials of any kind appearing on the Web Site, or incorrect or inaccurate materials Posted on the Web Site, whether caused by Users of the Web Site or by any of the equipment, communications, viruses, network failure or programming associated with or utilized by the Academy. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and expressly disclaim any and all liability in connection with User Content.

You shall be solely responsible for your own User Content and the consequences of Posting it on the Web Site.

Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Academy.

UNDER NO CIRCUMSTANCES SHALL THE ACADEMY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SITE OR SERVICES, FROM ANY CONTENT POSTED ON OR THROUGH THE SITE, PARTICIPATION IN ANY ACTIVITIES RELATED TO THE USE OF THE WEB SITE, OR FROM THE CONDUCT OF ANY USERS OF THE WEB SITE.

INDEMNITY
You agree to defend, indemnify and hold harmless the Academy and 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 Web Site; (ii) your violation of these Terms of Use; (iii) your violation of any third party right, including without limitation any intellectual property right; or (iv) any claim that your User Content caused damage to the Academy or any third party.

LIMITATIONS 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 RELATED TO YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, CLAIMS RESULTING FROM ANY (i) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT, (ii) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR ACCESS TO AND USE OF THE ADADEMY WEB SITE, (iii) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (iv) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEB SITE, (v) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE BY ANY THIRD PARTY, (vi) PARTICIPATION IN ANY ACTIVITIES RELATED TO THE USE OF THE WEB SITE AND/OR (vii) 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 SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER 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.

ASSIGNMENT
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Academy without restriction.

GOVERNING LAW
These Terms of Use 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. Except as provided under the DMCA Counter-Notification section, above, 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.

MISCELLANEOUS
These Terms of Use, together with those terms and conditions incorporated or referred to herein (including the Privacy Policy), constitute the entire agreement between us relating to the subject matter herein and supersede any prior understandings or agreements, whether oral or written, regarding this subject.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Last Modified: May 12, 2008