Terms and Conditions
3. Beta version: This website is provided as a “beta” or “pre-release” version. Accordingly you acknowledge that this website may not be feature complete, and may contain known bugs and issues. We may make change this website during testing and development, and we reserve the right not to release a final version of this website.
5. Our intellectual property: The entire contents of this website is protected by copyright and other laws of the United States , and under similar laws and international conventions abroad. You acknowledge and agree that all copyright and other intellectual property rights that may subsist in this website including text, illustrations, photographs, video, music, sounds, layout, designs, source code, belong to us or to our licensors (together, “our intellectual property“). We value our intellectual property and will vigorously enforce those rights to the fullest extent permitted by law .
6. Limited permission to use: You may view, download, or print portions of this website (and you may otherwise use the permitted functionality of this website) solely for your own personal, non-commercial use provided thatyou agree not to change or delete any copyright or proprietary notices from such portions. You must not otherwise print or reproduce any part of this website for any reason except with our prior written consent in each instance. By making this website available to you, we do not give you any other right, title, interest, or licence in or to any of our intellectual property.
2. disrupt or interfere with this website, or any other software, hardware or network associated with this website;
3. use simultaneous, unattended, or continuous connections to this website or otherwise use this website in a manner that adversely affects the availability of its resources to other users;
4. send unsolicited electronic messages or to otherwise harass, threaten, abuse, embarrass, or cause distress, unwanted attention, or harm to any person;
5. transmit any files or material of any kind which contain a virus, corrupted data, or other malicious code (whether via this website or in any email that you send to us);
6. gain, or attempt to gain, unauthorised access to any part of this website (including any other user’s account), any other computer system, or any email or other private message not intended for you;
7. infringe, or attempt to infringe, the intellectual property rights of any person; or
8. violate any laws, rules, or regulations applying to or relating to your access to or use of this website.
8. Your account: In order to be able to access certain information and functionality offered on this website, you must create an account. To create your account, you must complete your account details in the manner described on this website (including selecting a username and password which we will use to verify your identity when you use this website). You must ensure that your account details are complete and accurate when submitted to us, and you must keep your account details up-to-date.
9. Your username and password: Your username and password are personal to you and you must at all times maintain the confidentiality of your username and password and not disclose them to any third party. You agree that you are solely responsible for any use of this website by any person using your username and password and you agree to indemnify us against any and all claims arising out of your failure to maintain the confidentiality of your username or password. We will not be liable for any loss that you may incur as a result of someone else using your password or account (whether with or without your knowledge). You agree to notify us immediately of any unauthorised use of your account or any other breach of security.
10. User content: This website may enable you to create, modify, transmit, upload, or submit images and other materials and information (together, “user content“). By creating, modifying, transmitting, uploading, or submitting any user content (”your user content“), you:
– 1. grant us a non-exclusive, royalty-free, fully paid-up, worldwide, perpetual, irrevocable, licence to (i) use, copy, modify, distribute, transmit, broadcast, create derivative works of, publicly display and publicly perform your user content (by all means and in any media now known or hereafter developed); (ii) license, sell, rent, lease, or lend copies of your user content (and derivative works thereof); (iii) sublicense to third parties any or all of the aforementioned rights (including the right to sublicense to further third parties); (iv) use and publish your name and alias in connection with your user content as well as in connection with all advertising, marketing and promotional material that we may publish in relation to your user content; and (v) make your user content available to other users of this website for their personal use (and you permit those users to use, modify, copy, distribute, transmit, display, perform, reproduce, publish, and create derivative works of your user content in accordance with the permitted functionality of this website and otherwise as permitted by us); and
– 2. acknowledge and agree that no royalties or other compensation will be paid or payable to you for your user content, or for the granting of the rights described above.
11. Your warranties: Your must not create, modify, transmit, upload, or submit any user content that does not comply with all of the warranties and representations described below. You warrant and represent that:
– 1. you own or otherwise have all rights necessary for you to create, modify, transmit, upload, or submit your user content and grant the rights described in clause 10;
– 2. where copyright (or any other intellectual property right) in any part of your user content does not belong to you, the owner of that part has granted you permission to use that part in accordance with the permitted functionality of this website and to license that part in accordance with clause 10;
– 3. your user content does not contain any viruses, worms, spyware, or other components or instructions that are malicious, deceptive, or designed to limit or harm the functionality of a computer;
– 4. your user content does not contain or comprise material that is unlawful, objectionable, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive; encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law; contains any falsehoods or misrepresentations that could damage us or any third party; or is otherwise inappropriate; and
– 5. each person depicted in your user content (if any) has provided consent to the use of your user content as permitted through the functionality of this website and the licensing of your user content in accordance with clause 10 (including, without limitation, the copying, distribution, public display of your user content).
13. Indemnity: You will indemnify us, our officers and employees from and against all claims, demands, damages, losses, costs, and expenses arising from:
– 1. your access to, use of, or reliance upon any part of this website;
– 3. your negligent or wilful acts or omissions in accessing or using this website.
14. Availability: Your use of this website and any associated services may sometimes be subject to interruption or delay. Due to the nature of the Internet and electronic communications, we and our service providers do not make any warranty that this website or any associated services will be error free, without interruption or delay, or free from defects in design. We will not be liable for any damages or refunds should this website become interrupted or delayed for any reason.
15. Errors: While we endeavour to ensure that the content of this website is free from errors, we do not give any warranty or other assurance as to the content of material appearing on this website, its accuracy, completeness, timeliness or fitness for any particular purpose.
16. Outbound hyperlinks: This website may contain hyperlinks to third party websites (”outbound hyperlinks“). Outbound hyperlinks are provided for your convenience only and may not remain current or be maintained. We make no endorsement of, and accept no responsibility for, any content accessible through any outbound hyperlink. You are responsible for complying with any terms and conditions imposed by third party websites.
17. Inbound hyperlinks: You agree that you will not publish or distribute any hyperlinks to this website (”inbound hyperlinks“) without our prior written permission in each instance. If you do create an inbound hyperlink, you will be responsible for all losses (whether direct or indirect) that we may suffer as a result of that hyperlink. Publishing or distributing inbound hyperlinks is done at your own risk.
18. Malicious code: Although we endeavour to prevent the introduction of viruses or other malicious code (together, “malicious code“) to this website, we do not guarantee or warrant that this website, or any data available from it, does not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process that you employ for accessing this website does not expose your computer system to the risk of interference or damage from malicious code.
19. Security: Although w e endeavour to protect the security of your personal information y ou acknowledge that there is a risk of unauthorised access to (or alteration of) your transmissions or data or of the information contained on your computer system or on this website. We do not accept responsibility or liability of any nature for any losses that you may sustain as a result of such unauthorised access or alteration. All information transmitted to you or from you is transmitted at your risk, and you assume total responsibility and risk for your use of this website and the internet. We do not accept responsibility for any interference or damage to your own computer system which arises in connection with your accessing of this website or any outbound hyperlink.
20. Our trade marks: You acknowledge and agree that NYSASWM.org logo are our trade marks (”our trade marks“). Our trade marks must not be used (including as part of trade marks or domain names) in connection with any good or service in any manner that is likely to cause confusion and our trade marks must not be used, copied, or imitated (in whole or in part) except with our prior written permission in each instance.
21. Third party trade marks: All third party trade marks appearing on this website are the property of their respective owners, and are used on this website merely to refer to the trade mark proprietor or its products. The use of any third party trade marks on this website is not intended to imply any connection between us or our products and services and the trade mark proprietor or any of its products or services, nor any endorsement of our products or services by the trade mark proprietor.
22. Third party products and services: You acknowledge and agree that, except for information, products or services clearly identified as being supplied by us, we do not operate, control or endorse any third party, information, products or services on the Internet in any way. Except for information, products or services clearly identified as being supplied by us, all information, products and services offered through this website (or on the Internet generally) are offered by third parties that are not affiliated with us.
23. Feedback and unsolicited ideas: If you give us feedback about this website or our products or services, you grant us the right to use that feedback for the purpose of improving our website, products or services (and for any other purpose we deem necessary or desirable) without being obliged to pay you any compensation in respect of our use of that feedback. We (and our employees) do not accept or consider unsolicited ideas, including artwork, demos, samples, and other ideas for new promotions, products, product names, processes, technologies, or materials (”unsolicited ideas“). You must not send unsolicited ideas to us. If you do send us unsolicited ideas:
– 1. we do not warrant or represent that those unsolicited ideas will be treated as confidential or proprietary;
24. Disclaimer of warranties: To the maximum extent permitted by law, we provide this website and related information and services on an “as is” basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory or otherwise) including, but not limited to, warranties of non-infringement, merchantability, or fitness for a particular purpose.
26. Limitation of liability: To the maximum extent permitted by law, we will not be liable (in contract, tort, or otherwise) for any loss of profits, loss of data, or for any indirect, incidental, consequential, or economic damages or losses (howsoever caused), which you may directly or indirectly suffer in connection with (i) your use of, or inability to use, this website, or any material appearing on this website; or (ii) any action or decision taken as a result of using this website, or any material appearing on this website – even if we have been advised of the possibility of such damages. In no event shall our total liability to you (in contract, tort, or under any other cause of action) for all damages, losses, costs and expenses suffered by you exceed the amount paid by you (if any) for accessing this website.