The Website reserves the right to modify this Agreement at any time. The changes will appear in this document, which you can access at any time by going to http://cblr.columbia.edu/terms-of-service. You agree to review the Agreement periodically to be aware of such modifications and you agree that your continued use of the Website shall be deemed to be your conclusive acceptance of any modified Agreement.
The Website enables posting of comments and other content (“Submissions”). We believe that the Website facilitates communication, self-expression, freedom of speech, and encourages the healthy exchange of information and viewpoints. We respect your ownership of and responsibility for the content you wish to share. You acknowledge and agree that the Website does not and shall not have any obligation to review Submissions, and therefore we do not guarantee the accuracy, integrity or quality of Submissions and we cannot assure that harmful, inaccurate, deceptive, offensive, threatening, defamatory, unlawful or otherwise objectionable Submissions will not appear on the Website. However, you acknowledge and agree that we have the right to monitor and to alter, edit, refuse to post or remove any Submission that you post to the Website, in whole or in part, for any reason or for no reason, in our sole discretion, and you agree that we do not have any obligation to use or respond to any Submission. You agree that you shall immediately notify CBLR in writing of any objectionable Submissions or other content appearing on the Website.
In order to make use of certain functionality on the Website, you will need to provide us with certain of your personally identifiable information (“PII”), such as your name and email address. You agree to provide us with accurate, complete and current information at all times. You agree not to allow any third party to access the Website on your behalf. You agree to be responsible for allowing any other person or entity to access the Website on your behalf. You agree to notify CBLR immediately if you learn of any unauthorized use of the Website. You agree that CBLR has the right to take appropriate administrative and/or legal action, including criminal prosecution, to protect our interests.
By posting a Submission to the Website, you warrant and represent that (i) you own the proprietary rights to such Submission, and (ii) such Submission does and will not infringe any party’s intellectual property, publicity, privacy, or other rights and that such Submission is and will not be defamatory or libelous. Furthermore, you agree not to post or otherwise submit to the Website any Submission that:
(a) is fraudulent;
(b) is designed to interrupt, or destroys or limits the functionality of, any computer software or hardware or telecommunications equipment or interferes with or disrupts the Website, services connected to the Website, or otherwise interferes with operations or services of this Website in any way;
(c) infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; including the promoting of an illegal or unauthorized copy of another person’s copyrighted work;
(d) is offensive to the Website community or to us, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual or which harasses or harms, or advocates the harassment or harming of another person;
(e) involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”, or solicits PII from other visitors to the Website;
(f) promotes information that is false or misleading, or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(g) links to materials or other content, directly or indirectly, to which the user posting such material does not have a right to link or which competes in any manner with the Website;
(h) violates a person’s rights of publicity and/or privacy; or
(i) violates any applicable local, state, national, or international law.
You acknowledge that Submissions posted to the Website may be subject to size and usage limitations, and that you are responsible for adhering to such limitations.
By posting content to the Website you are granting to the CBLR, a non-exclusive, perpetual, irrevocable, sublicensable (through multiple tiers), assignable, fully paid, royalty free, worldwide license to use, copy, modify, adapt, publish, make, sell, create derivative works of or incorporate into other works such Submissions, derive revenue or other remuneration from, communicate to the public, distribute (through multiple tiers), perform or display such Submissions (in whole or in part) and/or to incorporate such Submissions in other works in any form, media, or technology now known or later developed, and to grant and authorize sublicenses of the foregoing through multiple tiers of sublicensees, including the right to exercise the copyright, publicity, and any other rights over any of the materials contained in such Submissions for any purpose, including for purposes of advertising and publicity on the Website and elsewhere. In each instance, you agree that the Website may use your content for the above purposes without making any payments to you. No Submissions shall impose any obligation on CBLR and CBLR shall not be liable for any use or disclosure of any such Submissions. If you are not willing to grant the Website these rights, please do not contribute content to the Website.
2. Intellectual Property
All content (including without limitation any pictures, logos, images and text) appearing on the Website is the property of CBLR or its licensors, suppliers, or authors and is protected under the copyright laws of the United States and/or other countries. You agree—unless otherwise specified—not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, create derivative works of, broadcast, circulate, display or in any way exploit any such content (including any copyrighted material, trademarks, or other proprietary information), in whole or in part, whether by e-mail or by any other means, for any purpose other than for your personal, non-commercial use as set forth herein.
Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Website are trademarks of CBLR or its licensors, sponsors or suppliers (collectively, the “Trademarks”) and are protected by the trademark laws of the United States and/or other countries.
If you believe that any materials posted on the Website by others infringe on the copyrights of another party, please send a written notice in accordance with the Digital Millennium Copyright Act (“DMCA”) describing the infringement to our agent designated for copyright claims at the following address:
435 W. 116th Street
New York, NY 10128
digital -at- cblr.org
Your notice must include the following:
1. A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly being infringed;
2. Identification of the copyrighted work claimed to have been infringed or, if the claim involves multiple works at a single online site, a representative list of such works at the site;
3. Identification of the allegedly infringing material, and information reasonably sufficient to permit us to locate such material on our site;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, or, if available, an e-mail address;
5. A representation that the complaining party has a good faith belief that use of the materials in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A representation that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
We suggest that you consult your legal advisor before filing a notice with CBLR’s designated agent for copyright claims. You should note that there can be penalties for false claims filed under the DMCA.
3. Disclaimer of Warranties
ALL MATERIALS ON THE WEBSITE ARE PROVIDED “AS IS” WITHOUT A WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND/OR NON-INFRINGEMENT. CBLR ASSUMES NO RESPONSIBILITY FOR DAMAGE TO YOUR COMPUTER OR OTHER PROPERTY RESULTING FROM YOUR USE OF THE WEBSITE. YOU UNDERSTAND AND AGREE THAT ANY DOWNLOADING OR OBTAINING OF MATERIAL OR DATA THROUGH THE WEBSITE IS DONE AT YOUR OWN RISK. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SITE, OR OF UNINTERUPTED SERVICE OR OTHER FUNCTIONALITY, INCLUDING LINKS TO OTHER WEBSITES, NOR ANY WARRANTY THAT THE SITE IS FREE OF DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, WE DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, RELIABILITY, AND LEGALITY OF MATERIALS FOUND ON THE WEBSITE.
4. Limitation of Liability
IN NO EVENT SHALL CBLR BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITES OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO.
You agree to indemnify CBLR and to defend and hold each of CBLR harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your Submissions, from your unauthorized use of material obtained through the Website, or from your breach of this Agreement, or from any such acts through your use of the Website.
6. Commercial Use
You acknowledge and agree that the Website is for your personal use only and may not be used by you directly or indirectly in connection with any commercial endeavors.
8. Governing Law; Venue
You acknowledge and agree that this Agreement shall be governed by and construed in accordance with the internal laws of the State of New York, excluding conflict of laws provisions thereof that would indicate the application of the laws of any other jurisdiction and you hereby submit to exclusive jurisdiction in the federal and state courts of New York. You agree to receive service of process through e-mail, certified mail or by other means sanctioned by law, and you expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.
If you have any questions or concerns regarding the Website, please contact us by e-mail at digital -at- cblr.org or cblr -at- law.columbia.edu, or write to us at 435 W. 116th Street, New York, NY 10128 Attn: Senior Digital Editor.