Terms & Conditions

Terms of Use

Welcome to the website of Scientists Without Borders (the “Site”—www.scientistswithoutborders.org and its subdomains), a program and initiative of the New York Academy of Sciences (the "Academy"). 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 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.

General

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 Scientists Without Borders (SWB) and the Academy[m1]  have no control over, and assume no responsibility for, Contributors' content. By using the Site, you expressly relieve SWB and 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 SWB and the Academy handle personally identifying information about you and other users of the Site.

Permission

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 SWB'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 (“SWB Content” and/or "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 SWB and 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 SWB or 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.

User Submissions

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 SWB and 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 SWB and 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 SWB and 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 SWB and the Academy will make all information contained within your submission, including any personally identifying information such as name, postal and email 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 SWB and the Academy express permission to use the information you have provided to communicate with you via email, postal mail, telephone or other appropriate means to seek further information about your submission, provide you with updates on Site, SWB, 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:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed;
  3. Identification of the material that is claimed to be infringing and that is to be removed
  4. Information reasonably sufficient to permit the Academy to locate the material;
  5. Your contact information;
  6. 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
  7. 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.

SWB and the Academy's designated agent to receive notifications of claimed infringement is:

Meredith Perry

Program Manager, Scientists Without Borders
The New York Academy of Sciences
7 World Trade Center, 40th Floor
250 Greenwich St., New York, NY 10007
212.298.8684
mperry@scientistswithoutborders.org

Only DMCA notices should go to this person. Any other feedback, comments, requests for technical support, and other communications should be directed to:

Webmaster

The New York Academy of Sciences
7 World Trade Center, 40th Floor
250 Greenwich St., New York, NY 10007
administrator@scientistswithoutborders.org

User Code of Conduct

You agree not to use the Site in violation of the following Code of Conduct:

  1. Use the Site in any unlawful manner or in any manner that could damage, disable or impair the Site or performance of the Site;
  2. Use automated scripts to collect information from or otherwise interact with the Site;
  3. Harvest or collect email addresses or other contact information of other Users from the 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:
    1. are taken by you with permission from those appearing in the video, or
    2.  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 Site any private information of any third party, including, without limitation, addresses, phone numbers, email 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 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 Site, or which may expose the Academy or its Users to any harm or liability of any type.

No Endorsement

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Service. Any use of or reliance on any Content or materials posted via the Site or obtained by you through the Site is at your own risk. SWB and the Academy does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Site or endorse any opinions expressed via the Site. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. YOU SPECIFICALLY ACKNOWLEDGE THAT SWB AND THE ACADEMY SHALL NOT BE LIABLE IN ANY WAY FOR USER SUBMISSIONS OR THE ERRONEOUS, INCOMPLETE, 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

SWB and the Academy, in their discretion, may remove User Materials to prevent copyright infringement or for any other reason without prior notice. SWB and/or the Academy may also terminate your access to the Site for any reason and without notice.

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 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 Site. When you sign-up to become a User, you will be asked to create an accurate, complete profile. 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.

Disclaimers and Limitation of Liability

IN NO EVENT SHALL SWB, 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 SITE,
  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 SWB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER SWB AND 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 SWB or 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 administrator@scientistswithoutborders.org[m4] . 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 SWB and the Academy's Site 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 SWB or the Academy unless such a relationship officially exists. We ask that you provide notice of such linking to:

Meredith Perry

Program Manager, Scientists Without Borders
The New York Academy of Sciences
7 World Trade Center, 40th Floor
250 Greenwich St., New York, NY 10007
212.298.8684
mperry@scientistswithoutborders.org

You may not frame the content of the Site. You may not use metatags or any other "hidden text" that incorporates SWB or the Academy's name or trademarks without written consent from the SWB or Academy.

Links to Other 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 SWB or the Academy and neither SWB nor the Academy has 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.

Termination

SWB and the Academy reserves 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.

Indemnity

You agree to defend, indemnify and hold harmless SWB, 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 SWB, the Academy or any third party. This obligation will survive these terms and conditions and your use of the Site.

Assignment

These terms and conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SWB and the Academy without restriction.

Governing Law

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.

Entire Agreement

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.