Terms of Service
Terms of Service
This agreement governs the use of the NSSE Yearbooks web site and all NSSE Yearbooks content, including interactive learning materials, software, and discussion boards. The site is operated by Teachers College, Columbia University in the City of New York at 525 West 120th Street, New York, New York 10027. Additional terms and conditions may be posted in specific areas of the site, and along with this agreement, govern use of those areas. This agreement and other additional terms and conditions are referred to as the "Agreement."
Right to Modify Terms and Conditions
Teachers College reserves the right to change or modify this Agreement at any time. Such changes will take effect immediately upon publication of the changes on the NSSE Yearbooks site. Use of the NSSE Yearbooks site constitutes binding acceptance of the terms and conditions in the Agreement and any other posted notices.
Account Information, Password, and Security
Users are responsible for maintaining the confidentiality of their account and password. Users are solely responsible for any and all activities that occur under their account and agree to notify the NSSE Yearbooks site of any unauthorized use of their account or other breach of security.
Rights to NSSE Yearbooks Content
Users of NSSE Yearbooks acknowledge that NSSE Yearbooks contains text, photographs, audio and video clips, graphics, software, links, discussion comments, and other materials that are protected by copyright, trademark, patent, and other rights of Teachers College or third parties.
Personal and Non-Commercial Use Limitation
Users of NSSE Yearbooks may use the materials contained on NSSE Yearbooks only for their personal, noncommercial use. Users may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, or services obtained from NSSE Yearbooks.
Rights to Materials Posted by Users on NSSE Yearbooks
Users may post on NSSE Yearbooks content owned by them such as original statements, content that is in the public domain, or content owned by others for which they have received express permission. Users assume complete responsibility for determining if content they post on NSSE Yearbooks is in the public domain. Users grant to Teachers College and any sublicensees the right to edit, copy, publish, distribute, translate, or otherwise use, in any medium now available or yet to be invented, content they place on NSSE Yearbooks and to publish the name of the user placing the content on NSSE Yearbooks. Users represent and warrant that they are authorized to grant such rights. Unless otherwise specified in the NSSE Yearbooks copyright assignment agreement governing submitted scholarly articles, no compensation will be paid with respect to the use of content placed by users on NSSE Yearbooks.
Rules of Conduct on NSSE Yearbooks
Users shall not post on NSSE Yeasrbooks any content or links to content that violates the rights of others, including but not limited to content that infringes any copyright, trademark patent, trade secret or that violates any right of privacy or publicity. Users shall not post on NSSE Yearbooks any content or links to content that is libelous, defamatory, obscene, pornographic, abusive, harassing, or threatening. Users shall not post on NSSE Yearbooks any content or links to content that contains viruses or other contaminating or destructive features. Users shall not post on NSSE Yearbooks any content or links to content that violates any applicable law.
Management of Content
Other than scholarly articles submitted through the manuscript submission system, Teachers College does not review the content posted by users on NSSE Yearbooks and is not responsible for such content. At its sole discretion, Teachers College does reserve the right to edit, move, or remove any content, including content posted in any interactive area, that it may determine violates this Agreement or is otherwise unacceptable. Users are solely responsible for all content posted under their account and password. At its sole discretion, Teachers College shall have the right, but not the obligation, to correct any errors or omissions in any content.
Users agree to indemnify, defend, and otherwise hold harmless Teachers College and other information providers featured on NSSE Yearbooks against any and all claims, liabilities, losses, costs and expenses, including attorney’s fees, incurred in connection with any use of the NSSE Yearbooks site under their password by any person, whether or not authorized by the user. Teachers College reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by users, and users agree to cooperate with Teachers College defense of such claims. Teachers College will not be liable for any loss that users may incur from the unauthorized use of their account. Users are liable for any loss that Teachers College may suffer as the result of the authorized or unauthorized use of their account. Users may not use the account of another user at any time without the permission of the account owner.
Termination of Use
Teachers College reserves the right to restrict, suspend or terminate user access to the NSSE Yearbooks site at any time for any reason without prior notice or liability. Teachers College may modify, suspend or discontinue all or any part of the NSSE Yearbooks site at any time without prior notice or liability.
Teachers College does not offer refunds.
Disclaimer of Warranties
Neither Teachers College nor any provider of third party content nor their respective agents warrants that NSSE Yearbooks will be uninterrupted or error free. Neither Teachers College nor any provider of third party content nor their respective agents makes any warranty regarding the results to be obtained from the use of NSSE Yearbooks or the materials contained therein. The NSSE Yearbooks site is provided and distributed on an "as is, as available" basis. Neither Teachers College nor any provider of third party content nor their respective agents make any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of fitness for a particular purpose, with respect to any materials provided by or announced through NSSE Yearbooks. Neither Teachers College nor any provider of third party content nor their respective agents warrants that any files available for downloading through NSSE Yearbooks will be free of viruses or similar contamination or destructive features. Users agree to assume the entire risk associated with the quality and performance of NSSE Yearbooks and the accuracy and completeness of content provided on NSSE Yearbooks.
Neither Teachers College nor any provider of third party content nor their respective agents shall be liable for any damages arising out of the use or inability to use NSSE Yearbooks whether such damages be direct, indirect, incidental, special or consequential, even if such parties have been advised of the possibility of such damages.
In states that do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, the liability of Teachers College, third party content providers and their respective agents shall be limited to the greatest extent permitted by law. If users are dissatisfied with any portion of NSSE Yearbooks, or with any of these terms and conditions of use, the sole and exclusive remedy is to discontinue using NSSE Yearbooks.
This agreement shall be interpreted and construed in accord with the laws of the State of New York, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in New York, NY, the Borough of Manhattan.