Welcome to the Terms of Service ("Terms) for #NYCEDU (“COMPANY,” “we” or “us”).
These Terms govern your use of and access to the sites, content, applications, services, tools and features provided by us and related to #NYCEDU (collectively, the “Services”). The Services include, without limitation, the forum discourse.nycedu.org. Please read these Terms carefully, as they include important information about your legal rights. By using or accessing the Services, you are agreeing to these Terms. For purposes of these Terms, “you” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of such entity with the authority to bind such entity to these Terms, and (b) you agree to these Terms on such entity’s behalf.
Please note that these Terms contain an arbitration clause and class action waiver. By agreeing to the Terms, you agree (a) to resolve all disputes with us through a binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) that you waive your right to participate in class actions, class arbitrations, or representative actions. You have the right to opt-out of arbitration as explained in the section on arbitration and class action waiver.
- User Accounts
- The Forum
- Rights We Grant You
- Ownership and Content
- Third Party Services and Materials
- Disclaimers, Limitations of Liability and Indemnification
- Arbitration and Class Action Waiver
- Additional Provisions
Creating and Safeguarding your Account. To use the Services, you may need to create an account (“Account”). You must be at least 13 years old to create an Account. If you are at least 13 years old but under 18 years old, you must have your parent or guardian read the terms below and give you permission to create an Account. By using the forum, you represent and warrant that you meet all of these requirements.
You agree to provide us with accurate, complete and updated information for your Account. You can access, edit and update your Account via the forum at discourse.nycedu.org. You are solely responsible for any activity on your Account, whether authorized by you or not, and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us at firstname.lastname@example.org if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account.
We may restrict, suspend, or close your account on the forum according to our policy for handling copyright-related takedown requests, or if we reasonably believe that you have broken any rule in these Terms. You must use the forum in accordance with the Rights We Grant You. You may no longer use the forum if we contact you directly to suspend your access to the forum.
What this Means
If you want to create an account on #NYCEDU, you need to be at least 13 years old. If you’re under 18, a parent or guardian also needs to review and agree to these terms for you. If you’re under 13 years old, unfortunately, you’ll have to wait until you’re 13 years old to create an account. Please sign up for our newsletter to learn how to engage with #NYCEDU in other ways.
Safeguarding your account is your responsibility! Make sure you keep your information updated, keep your password secure, and contact us at email@example.com if you think your account has been compromised in any way.
The forum (“Forum”) is a space for advocates of youth-led collective impact to collaborate.
Participants. The forum is open to all users with an Account to discuss how to equip young people to flourish.
License Grant. Subject to your compliance with these Terms, we hereby grant to you, a personal, worldwide, royalty-free, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to use content and forum provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these Terms and subject to the use restrictions described below.
Restrictions On Your Use of the Services. You may not do any of the following, unless laws prohibit these restrictions or you have our written permission to do so:
- Violate any applicable law or regulation in connection with your use of the Services.
- Impersonate others through the forum.
- Buy, sell, or otherwise trade in user names or other unique identifiers on the forum.
- Use, reproduce or remove any copyright, trademark, trade names, slogan, logos, images, service marks or other proprietary notations displayed on or through the Services.
- Send advertisements, chain letters, or other solicitations through the forum, or use the forum to gather addresses or other personal data for commercial mailing lists or databases.
- Use the forum to send emails to distribution lists, news groups, or group mail aliases.
- Falsely imply that you are affiliated with or endorsed by #NYCEDU.
- Show any part of the forum on other websites with
- Hyperlink to images or other non-hypertext content on the forum on other webpages.
- Use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Services.
- Use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same. You may crawl the forum to index it for a publicly available search engine, if you run one.
- Use the Services in any manner that could disable, overburden, damage, disrupt or impair the Service or interfere with any other party’s use of the Services or use any device, software or routine that causes the same.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Strain infrastructure of the forum with an unreasonable volume of requests or comments designed to impose an unreasonable load of information systems underlying the forum.
- Circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Service.
- Use the Services in any way not expressly permitted by these Terms.
- Encourage or help anyone in violation of these terms
- Use the Services for illegal, harassing, unethical, or disruptive purposes.
- Submit content to the forum that violates the law, infringes anyone’s intellectual property rights, violates anyone’s privacy, or breaches agreements you have with others.
- Submit content to the forum containing malicious computer code, such as computer viruses or spyware.
- Submit content to the forum as a mere placeholder, to hold a particular address, user name, or other unique identifier.
- Use the forum to disclose information that you do not have the right to disclose, like others’ confidential or personal information.
What this Means
#NYCEDU is a safe space and we are serious about maintaining that safety. If you don’t follow these Terms, we may need to remove any inappropriate content, deactivate your account, and, in extreme circumstances, report your content to law enforcement. If you see someone violating our Terms, please contact us immediately.
Ownership of the Services. The Services and their content, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. Other than with respect to Your Content (as defined below), you agree that the Company and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content (other than Your Content), including, without limitation, the exclusive right to create derivative works.
Ownership of Trademarks. The #NYCEDU name and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Ownership of Feedback. You may be able to feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property #NYCEDU and #NYCEDU may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to #NYCEDU any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.
Your Content License Grant. In connection with your use of the Services, you may be able to post, upload, or submit content to be made available through the Services (“Your Content”). Anything you contribute to the Forum, you give us full irreversible rights to use.
- Between you and the Company, you remain solely responsible for content you submit to the forum. You agree not to wrongly imply that content you submit to the forum is sponsored or approved by the Company. These terms do not obligate the Company to store, maintain, or provide copies of content you submit, and to change it, according to these terms.
- Content you submit to the forum can be used by us for any purpose. You license the company to provide content that you submit to the forum to other users of the forum. That special license allows the company to copy, publish, and analyse content you submit to the forum.
- As part of the foregoing license grant you agree that (a) the other users of our Services shall have the right to comment on and/or tag Your Content and/or to use, publish, display, modify or include a copy of Your Content as part of their own use of the Services, and (b) we have the right to make any of Your Content available to third parties, so that those third parties can distribute, make derivative works of, comment on and/or analyze your Content on other media and services (either alone or as part of a collective work); except that the foregoing (a) and (b) shall not apply to any of Your Content that you post privately for non-public display on the Services. By posting or submitting Your Content through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above.
- We may investigate and prosecute violations of these terms to the fullest legal extent. The company may notify and cooperate with law enforcement authorities in prosecuting violations of the law and these terms. The company reserves the right to change, redact, and delete content on the forum for any reason. If you believe someone has submitted content to the forum in violation of these terms, contact us immediately.
Notice of Infringement – DMCA Policy
If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512© of the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:
- identification of the copyrighted work that is claimed to be infringed;
- identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Service;
- information for our copyright agent to contact you, such as an address, telephone number and e-mail address;
- a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;
- a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
- the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.
Notices of copyright infringement claims should be sent by e-mail to firstname.lastname@example.org. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.
A user of the Services who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion. To file a counter-notification with us, you must provide a written communication (by fax or regular mail or by email) that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others.
What this Means
You are always responsible for your own content that you post. However, if you share your content on the Forum, you are agreeing for it to be displayed to the Forum and commented or responded to. This is what helps our community grow!
See something that belongs to you, but someone else posted it? You can let us know by emailing email@example.com.
Use of Third Party Materials in the Services. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Services, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.
What this Means
While using #NYCEDU, you may be able to access or use third party services that are not part of our product (such as YouTube, Flickr, etc.). We are not responsible for the content of services or any issues that arise.
Disclaimers. Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, the Company, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the “#NYCEDU Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The #NYCEDU Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; © the operation or compatibility with any other application or any particular system or device; and (d) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (e) the deletion of, or the failure to store or transmit, Your Content and other communications maintained by the Services. No advice or information, whether oral or written, obtained from the #NYCEDU Entities or through the Services, will create any warranty or representation not expressly made herein.
Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE #NYCEDU ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE #NYCEDU ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. THE #NYCEDU ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID THE #NYCEDU ENTITIES, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES (OR PRODUCTS PURCHASED ON THE SERVICES) GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Indemnification. By entering into these Terms and using the Services, you agree that you shall defend, indemnify and hold the #NYCEDU Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; © any unauthorized use of the Services; (d) Your Content or (e) your negligence or willful misconduct.
What this Means
#NYCEDU is a community tool. While we are here to support you, we cannot be liable for anything that happens because of our service.
Please keep in mind that you are solely responsible for your use of #NYCEDU. If you don’t follow these Terms and/or cause harm to anyone, it is your responsibility to resolve the issue.
Informal Process First. You agree that in the event of any dispute between you and the #NYCEDU Entities relating in any way to these Terms or your use of the Services, you will first contact the Company and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action.
Agreement to Arbitrate and Class Action Waiver. After the informal dispute resolution process, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to these Terms or your use of the Services, will be resolved by arbitration. You and the Company agree that any Claim will be settled by final and binding arbitration, using the English language, administered by JAMS under its Comprehensive Arbitration Rules and Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these Terms). Arbitration will be handled by a sole arbitrator in accordance with the JAMS Rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis – class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and the Company are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, you and the Company will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court and your claim remains on an individual, non-representative and non-class basis. An arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law.
Costs of Arbitration. Payment for any and all reasonable JAMS filing, administrative and arbitrator fees will be in accordance with the JAMS Rules.
Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Terms by sending written notice of your decision to opt-out to firstname.lastname@example.org. The notice must be sent to the Company within thirty (30) days of your registering to use the Services or agreeing to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with these Terms. If you opt-out of these arbitration provisions, the Company also will not be bound by them.
What this Means
We want you to have a great experience on #NYCEDU. If you are dissatisfied with our Services, we will discuss in arbitration to resolve any issues. #NYCEDU will use the “JAMS Rules” for any arbitration we may be involved with and you can check the rules out here. If you do not like this way of solving issues with us, email email@example.com within 30 days of signing up for your first account.
Updating These Terms. We last updated these terms on June 20, 2019, and may update these terms again. If we make changes that are material, we will use reasonable efforts to attempt to notify you, such as by e-mail and/or by placing a prominent notice on the first page of our website. However, it is your sole responsibility to review the Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms.
What this Means
We are always hoping to improve the #NYCEDU experience for you, so our terms may change from time to time. Before continuing to use #NYCEDU, it will be important to review and agree to any changes.
Termination of License and Your Account. If you breach any of the terms of these Terms, all licenses granted by the Company will terminate automatically. Additionally, the Company may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If the Company deletes your Account for any suspected breach of these Terms by you, you are prohibited from re-registering for the Services under a different name. In the event of Account deletion for any reason, the Company may, but is not obligated to, delete any of Your Content. The Company shall not be responsible for the failure to delete or deletion of Your Content. All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by the Company or you. Termination will not limit any of the Company’s other rights or remedies at law or in equity.
Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to the Company for which monetary damages would not be an adequate remedy and the Company shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
Consumer Affairs Services. You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the New York City Department of Consumer Affairs by contacting them in writing at NYC Department of Consumer Affairs, Consumer Services Division, 42 Broadway, 9th Floor, New York, NY 10004, or online at https://www1.nyc.gov/site/dca/consumers/file-complaint.page.
Forward-Looking Statements. Some of the information on the Services may contain certain projections or other forward-looking statements regarding future events or the future financial performance of the Company. Words such as “expects,” “plans,” “believes,” “goals,” “continues,” “may” and other variations of such words and similar expressions identify forward-looking statements. In addition, any statements that refer to or may imply future financial performance, our anticipated growth and trends in our businesses, and other characterizations of future events or circumstances are forward-looking statements. All such statements that are not historical facts are based on our current expectations and are subject to a number of risks and uncertainties, and the actual events or results may differ materially.
Severability. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Miscellaneous. These Terms and the licenses granted hereunder may be assigned by the Company but may not be assigned by you without the prior express written consent of the Company. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Service is operated by us in the United States. Those who choose to access the Service from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws. The Terms are governed by the laws of the State of New York and with respect to arbitration by the JAMS Rules, without regard to conflict of laws rules. Except as otherwise expressly provided in these Terms, all arbitration and other litigation of any dispute between you and the Company related to these Terms shall be located in New York State.
How to Contact Us. You may contact us regarding the Services or these Terms by e-mail at firstname.lastname@example.org. The company welcomes your feedback and suggestions for the forum.
What this Means
Always feel free to reach out to us! Welcome to the #NYCEDU community.