This document sets forth the Terms of Use for NYU Center for Black Visual Culture at the Institute of African American Affairs (“CBVC”) website cbv2.nyuiaaa.org (“SITE”). Please read the following Terms of Use carefully. These Terms of Use govern your use of this site and all applications, software, and services available on this site.
ACCEPTANCE OF TERMS
You acknowledge that you have read and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations, including without limitation U.S. export and re-export technical data exported from the United States or the country in which you reside. You further agree to comply with all local laws, regulations, and rules regarding online conduct and acceptable content. You represent you have the legal authority to accept these Terms of Use on behalf of yourself or any party you represent. If you do not agree to these Terms of Use, do not use this site in any manner.
DESCRIPTION OF SITE
“Site” encompasses the CBVC’s website and all of its content and policies, any modifications, updates, enhancements, revisions, new features, and/or the addition of any new web properties. The CBVC reserves the right to make any site changes at any time and without prior notice.
MODIFICATIONS
The CBVC reserves the right to revise, supplement, update, delete and change these Terms of Use at any time at its sole discretion and without notice to you. All Terms of Use changes are effective immediately upon being posted. Your continued use of this site after any changes to these Terms of Use will mean you accept those changes. The CBVC may also change or impose fees for products and services provided through the
CBVC PRIVACY POLICY
The CBVC’s privacy policy governs the use of information collected from or provided by you at the site. For more information, see our full privacy policy for this site.
WEBSITE OWNERSHIP
The site, including all text, images appearing therein, and any and all intellectual property rights associated with this site and its contents are the sole property of the CBVC The content is protected by copyright and other laws in both the United States and other countries. Elements of the site are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All graphics, icons, and other items that appear on the site are trademarks, service marks, trade dress and/or copyrighted works (“Intellectual Property”) of the CBVC, that have granted the CBVC the right and license to use such Intellectual Property and may not be used or interfered with in any manner without the express written consent of the CBVC. Except as expressly provided herein, the CBVC to the CBVC’s or any third party’s Intellectual Property. The information on the site is intended to provide corporate, product, or service information only and may not be used for any other purposes.
WEBSITE USE RESTRICTIONS
THE UNAUTHORIZED COPYING, DISPLAYING USE OF ANY CONTENT FROM THIS SITE IS A VIOLATION OF LAW.
The site is for your personal and non-commercial use only. You will not (i) post on or transmit to the site any defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful materials or any materials that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, common law or equitable principles, or otherwise violate any law; (ii) copy, reproduce, modify, lease, loan, sell, create derivative works from, upload, transmit, or distribute the intellectual property of the site in any way without the CBVC’s or the appropriate third party’s prior written permission or (iii) use the site in any manner that violates any applicable laws, regulations, orders, or other restrictions.
TRADEMARKS AND SERVICE MARKS
There may be a number of proprietary logos, service marks, trademarks, slogans, and product designations found on this site, including but not limited to: Th CBVC name and seal. Other trademarks displayed on this site through links to other sites are the property of the respective trademark owners. By making these marks available on this site, the CBVC does not confer upon you any of the CBVC’s or any third party’s intellectual property rights. No CBVC trademark may be used as a hyperlink without the CBVC’s prior written permission.
COPYRIGHT TRADEMARK NOTICES
All content of the CBVC’s site Copyright ¬© 2022 CBVC. All Rights Reserved.
INDEMNIFICATION
You agree to defend, indemnify, and hold the CBVC harmless from and against any and all claims, damages including attorneys’ fees, arising from or related to your use of the site.
LINKS TO THIRD-PARTY WEBSITES ARE NOT ENDORSEMENTS
This site may provide links to other third-party World Wide Web sites or resources. The CBVC makes no representations or warranties whatsoever about any other website which you may access through this site. Because the CBVC has no control over such sites and resources, you acknowledge and agree that the CBVC is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, materials on or available from such sites or resources. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses, worms, of a destructive nature. References on this site to any names, marks, solely as a not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. The CBVC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged , available on or through any such site or resource.
EMAIL/FEEDBACK PROPERTY OF CBVC
You may choose to use email to communicate with the CBVC. If you choose to email the CBVC, know that the Internet is not secure or private, unauthorized people may be able to intercept and read the mail you send to the CBVC or mail the CBVC sends to you. Since email can be used to spread viruses, you should install and maintain virus protection software on your PC. To the extent permitted by applicable law, any comments or materials (collectively “Feedback”) sent to the CBVC including but not limited to questions, submissions, suggestions, ideas, postings, comments or the like shall become the property of the CBVC upon receipt. The CBVC shall have no obligation of any kind with respect to such Feedback and shall be free to modify, copy, perform, publish, transmit, reproduce, use, exhibit, disclose, display, transform, copyright, create derivative works, distribute the Feedback to others and otherwise exploit the Feedback without limitation. Further, the CBVC shall be free to use any ideas, concepts, contained in such Feedback for any purpose whatsoever, including but not limited to developing, products incorporating such information.
LIMITATION OF LIABILITY
THE CBVC WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE THIS SITE, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR OTHER DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSION, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THESE TERMS OF USE, STATUTE, REGULATION, COMMON LAW PRECEDENT OR DOCTRINE, EVEN IF THE CBVC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS NEGLIGENT. IN JURISDICTIONS THAT PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, CBVC’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. NOTWITHSTANDING THE FOREGOING, THE CBVC’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS SITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.
THE INFORMATION ON THIS SITE, INCLUDING TEXT, IMAGES, AND LINKS, AND THE INFORMATION ON ANY WEBSITES, WHETHER AFFILIATED OR UNAFFILIATED WITH CBVC, WHICH YOU MAY VISIT THROUGH THE SITE, IS PROVIDED “AS IS” BY CBVC AS A CONVENIENCE TO ALL USERS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT; (IV) OF QUIET ENJOYMENT; (V) OF TITLE; (VI) THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; (VII) THAT ANY DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; (VIII) THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR (IX) THAT THE SITE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM. EFFORTS BY CBVC TO MODIFY THE SITE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS.
GOVERNING LAW
These Terms of Use are entered into and granted in the State of Maryland and shall be governed by and interpreted pursuant to the laws of the State of Maryland, of America, the law of another jurisdiction, and excluding the Maryland Uniform Computer Information Transactions Act. You expressly agree that the exclusive jurisdiction for any dispute, arising out of or in connection with these Terms of Use shall be filed only in the federal or state court with competent jurisdiction located in Baltimore, Maryland. You consent to the exercise of personal jurisdiction by such courts in any such action. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
ENTIRE AGREEMENT
These Terms of Use constitute the entire agreement between you and the CBVC and govern your use of the site, superseding any prior agreements between you and the CBVC relating to your use of this site.
USE OF COMMUNICATION SERVICES
The CBVC site may in the future contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, topic, name
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
The CBVC has no obligation to monitor the Communication Services. However, the CBVC reserves the right to review materials posted to a Communication Service The CBVC reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
The CBVC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, edit in whole or in part, in the CBVC’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or other people in any Communication Service. The CBVC does not control or endorse the content, found in any Communication Service and, therefore, the CBVC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.
By posting, uploading, inputting, your submission to the CBVC, you are granting the CBVC, to use your submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission; and to publish your name in connection with your submission.
No compensation will be paid with respect to the use of your submission, as provided herein. The CBVC is under no obligation CBVC’s sole discretion.
By posting, uploading, inputting, that you own or limitation, all the rights necessary for you to provide, post, upload, input or submit the submissions.
MESSAGE BOARDS
The CBVC does not monitor message boards hosted on its site. The content of message boards is the sole responsibility of the person supplying the content, and the CBVC assumes no liability related to the content of such boards. All messages posted on CBVC message boards are non-confidential and will be treated as such.
TERMINATION
The CBVC reserves the right to terminate at any time, at its sole discretion, the site and/or your use of the site.
UNLAWFUL OR PROHIBITED USE
for illegal purposes will be provided to law enforcement authorities. Please report any violations of these Terms of Use to the CBVC at cbvciaaa@nyu.edu.
SERVICE CONTACT
cbvciaaa@nyu.edu